The privatization of housing is still ongoing, but only until March 1, 2015, so it is very important to have time to become the owner of the housing in which you live under a social tenancy agreement, even if it is a dorm room. Once it is privatized, you can do whatever you want with it - donate or sell.
Instructions
Step 1
It is impossible to sell a room in a hostel, which is considered a specialized housing stock, since the law "On the privatization of the housing stock in the Russian Federation" stipulates a direct prohibition on the privatization of such residential premises. But in article 7 of the Housing Code of the Russian Federation, such privatization is allowed subject to the requirement: the hostel must belong to a municipal or state enterprise and, in addition, it is necessary that it be transferred to the balance sheet of the municipality and thus recognized as an apartment building with communal apartments. Only then can you conclude with the owner of such a house - the municipality - a social tenancy agreement, on the basis of which the apartment will be privatized and a certificate of ownership to it received.
Step 2
The transfer of hostels to the housing stock of municipalities is carried out on the basis of a resolution of the head of the given municipal formation. In the event that your hostel is not on the balance sheet of the municipality, you should go to court with one of the possible options for the requirement: either to compel the municipal authorities to conclude a privatization agreement with you, or to recognize your ownership by way of privatization of the residential premises occupied in fact.
Step 3
On the basis of a social tenancy agreement or a court decision, you can change the status of the room and receive a Certificate of ownership of the residential premises from the territorial bodies of Rosreestr. After that, you have every right to sell it, but now you have to get from the neighbors in the former hostel a waiver of the preemptive right to buy your room. They have this right, since the communal rooms are in shared ownership. This procedure is regulated by Article 250 of the Civil Code of the Russian Federation.
Step 4
When selling a room in a former dormitory, the seller will need to present the following documents when registering the transaction with the Rosreestr authorities:
- certificate of ownership of a room in an apartment building;
- a contract of purchase and sale in simple written form, signed by both parties;
- refusal of neighbors from the preemptive right to purchase;
- a payment document confirming the payment of the state fee for the registration of the transaction;
- permission from the guardianship and guardianship authorities, if minor children constantly live in the room with you;
- the consent of the spouse to sell the room, certified by a notary.
