How to exchange housing received under a social contract of employment? How to exchange residential premises under a social tenancy agreement Features of non-commercial lease.

Socially vulnerable groups of Russians have the right to receive social housing from the country, in our article we will describe in detail the algorithm of actions and talk about the required package of documents.

Citizens of the Russian Federation who rent housing under a social lease agreement have the right to make an exchange both within the boundaries of one city and in different cities on the territory of the Russian Federation.

To do this, the employer must obtain the written permission of each member of its families (including those temporarily absent), and in cases where the family has children who are incapacitated or partially incapacitated - also guardianship and guardianship authorities.

If an agreement has not been reached between the tenant and members of his family, then each of them has the right to defend his position in court and demand a forced exchange of housing through the courts.

The court will take into account the interests of all parties when making a decision.

Documents required for exchange

Application for an exchange of housing.
Documents on the basis of which it is possible to confirm the right to use housing (order, certificate of decision of the executive authority, exchange order, etc.).
Information about the composition of the family that lives in the residential premises to be exchanged.
If there are minors in the apartment, temporarily incapacitated or incompetent - the written consent of the guardianship and guardianship authorities.
Written permission from other family members.
Agreement on the exchange of housing, with the signature of the tenant.
Other documents depending on the situation.

Documents can be submitted in person or by mail. All copies of the necessary documents are submitted to the landlord with whom the social lease agreement is signed to obtain consent to the exchange. Within ten working days, after receiving the package of documents, the landlord is obliged to make his decision and report it in writing.

In case of a positive decision of the landlord, previously signed employment contracts are terminated, and then new ones are drawn up and signed.

Housing exchange algorithm

Selection of options for exchanging housing with another citizen of the Russian Federation

If you don’t have your own options, you should contact the landlord with whom you previously entered into a social contract of employment and ask him.

The following bodies may act on behalf of the landlord in Russia:

Ministries (departments and services) of the constituent entities of the Russian Federation and Russia itself, which have at their disposal living quarters that can be provided to citizens under a social lease agreement.
Local municipal authorities that manage the residential premises of the municipal housing stock and provide them to citizens under a social lease agreement.

After submitting to the landlord an application for the exchange of housing under a social lease agreement, expect a decision and, in case of a positive outcome, draw up a new one.

The landlord, for his part, undertakes to consider the applications and select the right accommodation (if any).

Conclusion of an agreement on the exchange of housing

The subject of such an agreement is housing, which is provided to citizens under a social tenancy agreement, the subjects of the exchange are social housing tenants.

The current legislation does not provide for the possibility of exchanging residential premises that belong to the social use fund for housing from a specialized fund for commercial use.

The contract must be signed by the parties and drawn up in writing. In this case, registration with Rosreestr is not required.

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Exchange of residential premises under a social tenancy agreement

Design housing exchange it is possible with the existence of a written permission of the owner of the dwelling and all family members living with him on the same area. This moment is regulated.

You can exchange your home for another only if it is provided for temporary use by. If the tenant and members of his family could not find a common language about the exchange, each of them can apply to the court with a request for forced exchange. If the living space is occupied by citizens who are minors, incompetent or limited in their actions, then the exchange can occur only with the permission of the guardianship service, which must be issued in writing. The law provides for the long-distance exchange of residential premises under a social tenancy agreement, which are located in various settlements and different regions of the country.

There are a number of conditions under which the exchange is not possible:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

When the issue of terminating the act or amending its content is being considered with respect to the employer.
When the right to operate housing is considered in judicial order.
If the dwelling is unusable.
If there is a decision on demolition, major restoration or re-planning in the apartment.
When a citizen with a chronic disease can move into an apartment.

For the legal registration of the exchange, you will need to draw up a special agreement, where all the terms of the transaction, the rights and obligations of the parties, and the possible consequences will be spelled out. The act is drawn up in writing, and the originals are provided to each of the owners of the dwellings, in order to obtain permission for further exchange.

The procedure for the exchange of living quarters

Exchange of apartments for social rent is carried out in accordance with the procedure specified by law:

One employer negotiates with another regarding the exchange.
If the terms of the transaction do not contradict legislative norms, then each of the tenants submits to the owner of the housing preliminary agreement about the future exchange.
Not later than ten business days from the moment the entire package of papers is submitted, he is obliged to give an answer. A positive or negative decision is also made in writing. Refusal is provided only in the case when the content of the act is contrary to law. All other options are being challenged in court.
With the consent of the old agreements and between the new employer and the landlord, an act of social leasing is concluded. This procedure also takes no more than ten working days, from the moment the person applied and provided all the papers.

In order to exchange two premises, issued as an object under a social lease agreement, the following documents will be required:

personal papers of the employer;
housing order and social contract;
extract from the house book on the number of tenants in the apartment;
information about the apartment (indicating the number of rooms);
written permission of the tenant's family members, as well as guardianship authorities (if necessary);
preliminary exchange agreement;
written permission from the landlord.

In addition to the original documents, copies of each paper will be required. The list is not complete. Various documents can be added to it, the need for which will depend on the individual terms of the transaction.

Recognition of the invalidity of the exchange of residential premises

There is a possibility of recognition of the agreement invalid. The grounds for such a decision are spelled out in the housing code. These include:

Registration of a transaction in violation of the requirements stipulated by law for the execution of documentation.
In the presence of illegal actions of one of the participants.

If the act of exchange is considered void due to incorrect execution, then both parties to the transaction return to those dwellings that they occupied before the terms of the agreement were fulfilled. When it comes to the illegality of the actions of one of the parties, the perpetrator is obliged to compensate the damage caused to the other party to the agreement in full.

The most popular questions and answers to them on the exchange of residential premises under a social tenancy agreement

Question: Hello, my name is Anton. My wife and daughter and I occupy municipal housing. In a nearby village, I was offered a job with a good salary. In order not to rent housing there, I had to look for options and find a person who also occupies housing on the basis of a social lease act and wants to move to our city.

We have compiled preliminary agreement and I contacted the administration. A week later, he was refused, where the reason was that the exchange to another region was impossible, and the only thing that could be done was to simply move out of the apartment.

Tell me, is the refusal of the municipality legal and can I challenge my point of view in court?

Answer: Good afternoon, Anton. All your actions are absolutely legal and you have the right to contact the appropriate authorities. The fact is that it indicates the reasons for which the landlord has the right to refuse the tenant in exchange. Your situation has no such grounds. Moreover, according to the current legislation, the exchange of municipal apartments is carried out within the region. Therefore, the refusal of the landlord is unlawful and you have every reason to apply to the courts.

An example of the exchange of residential premises under a social tenancy agreement

The Isaevs have a child and, in order to send him to a good school, they turned to the owner of the dwelling about exchanging their apartment for a similar one in a neighboring microdistrict of the city.

Gathering all the paperwork and completing preliminary act of exchange, they sent documents to the owner of the apartment, which was refused.

Since their minor child is also considered a tenant, in addition to the written agreement of the spouse, there must be permission from the guardianship service.

After the parents of the child received the necessary paperwork, they re-applied to the employer and achieved permits for the exchange of social housing.

Conclusion

In conclusion, a number of conclusions can be drawn:

Housing Exchange in the presence of a social lease agreement, it is carried out in accordance with the law.
The obligatory conditions of the transaction are that the second premises must also be provided to the participant in the transaction social tenancy agreement and the area of \u200b\u200bthis apartment must comply with the approved standards.
To conclude an agreement, you will need the written permission of the landlord, the permission of all tenants of the apartment and the guardianship service, if necessary.
No more than ten days from the date of receipt of consent from the employer is given for the preparation of transaction documentation.
There are a number of conditions under which an exchange cannot be made.
The exchange is invalidated if the transaction was executed in violation of the legal provisions, or if one of the participants exceeded the authority.
Family members and the employer himself have the right to draw up lawsuit for compulsory housing exchange.

What laws regulate the exchange of residential premises under a social lease agreement? Articles 72, 70 (part 1), (grounds for refusal to exchange are indicated), 74, 75 of the Housing Code of the Russian Federation, part 1 of the Civil Code of the Russian Federation, clause 34 of Resolution of the Supreme Court of the Russian Federation No. 14.

An exchange, from the point of view of lawyers, is a transaction regarding municipal residential premises, that is, those premises whose owner is recognized by the state.

Everything related to the exchange public housing, regulates the Housing Code of the Russian Federation. If such a procedure occurs between the owners of real estate, the transaction is called an exchange, the legal basis for it is the Civil Code of the Russian Federation.

Foundations to make a deal:

Agreement in writing.
Written consent of the tenants living in the exchanged apartments.

Agreements for the exchange of living space of the municipal housing stock.

Inadmissibility of the transaction

When is a transaction not allowed? This:

Making a claim against an employer about the need to terminate or change the agreement on social employment.
Contested in court right to use housing.
Living conditions are far from habitable(the house is to be demolished, etc.).
In an apartment building, cardinal changes are planned in connection with overhaul.
A person who has socially dangerous disease(tuberculosis in the active stage, mental disorder, etc., see the list in the government decree of 16.06.2006, No. 378).
The document has fictitious character: is concluded for material gain, and the parties do not actually exchange real estate.
Living conditions after the move become unfit for life, which entitles the "injured" party to receive other housing in the order of priority.
Property under pledge.
living space arrested(a criminal case has been initiated).
Deal with apartments located in different cities at quantity discrepancy living in them.

When is a transaction considered invalid?

If the transaction is concluded, but it is prohibited by law to exchange a specific living space, then it is challenged in court.

After the court decision on the illegality of the transaction, both parties must return in the living space occupied before the move.

Find out on our website about the grounds for, as well as the conditions under this agreement.

Step-by-step instruction

We are trying to find our own option: a more suitable housing for you, where the owner is also an employer.

If you cannot find the right option, the landlord (administration, or other organization that has at its disposal a part of the housing stock of the Russian Federation) can offer you another option.

Need to write statement that you need other accommodation. The application is accompanied by a social contract. The landlord will find you an option. Perhaps an alternative will appear in time, when this happens, you will receive a notification.

An agreement is being made on the exchange in accordance with part 2 of the 74th article of the Housing Code of the Russian Federation. The subject of it can only be housing provided to citizens for social rent, and the subjects can be tenants of social housing (this is indicated in Article 74 of the Housing Code, part 1).

Such premises cannot be exchanged for specialized or commercial premises. If a person is settled as a member of the tenant's family, it is impossible to exchange his share for the share of another person (the reason is paragraph 33 of the Decree of the Plenum of the Armed Forces of the Russian Federation of July 2, 2009, number 14).

Register document in the Office of the Federal Registration Service is not necessary.

Required documents

Documents to be prepared additionally making a copy each:

Documents (by mail with acknowledgment of receipt or in person) are submitted to the landlords in order to get their consent exchange housing.

10 working days after receipt of the notice of delivery of documents, the landlord is obliged to respond in writing consent or refusal. Previously concluded employment contracts are terminated, new ones are drawn up and signed.

When making a transaction, it is mandatory to obtain the consent of all tenants in writing, including those temporarily absent and the landlord.

If there are persons under the age of 18 in the family, incapacitated persons or citizens with limited legal capacity and they live with the employer, you must consent of the guardianship and guardianship authorities(the basis is the 1st part of Article 72 of the Housing Code of the Russian Federation, as well as paragraph 34 of the Decree of the Supreme Court of the Russian Federation No. 14).

Forced

What's happened forced exchange public housing? The members of his family living with the tenant do not agree to the transaction - it is only possible to forcibly evict them and move them to another housing By the tribunal's decision.

The procedure can be performed only with municipal apartments (including privatized ones) and does not involve monetary costs.

You can do it on your own or ask for help from intermediaries.

Owners of privatized apartments often choose change of living space(through buying and selling), because this operation can be carried out faster.

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The requirement to exchange residential premises under a social tenancy agreement is permitted by law, but it will take much more time to achieve the desired result. First of all, you should remember about the legal owner of the municipal apartment, whose permission is needed. It will be necessary to coordinate actions with the administration, namely the housing department or the department of the municipality.

The legal grounds for the exchange are established at the federal level, Articles 70-75 of the Civil Code of the Russian Federation are devoted to exchange issues, establishes the rules and procedure for handling. In addition, the Housing Code regulates the sequence of the operation, for the beginning of which it is necessary to obtain the approval of all registered tenants. Then the responsible tenant informs the administration of his intentions and, if agreed, begins the search for suitable options.

The main requirement after obtaining the permission of the landlord and the consent of all tenants is that the second object must also be a municipal fund. In other words, the status of both apartments must be the same and not differ in the form of ownership. The law allows the exchange for several apartments, in the amount of equivalent in area and cadastral value. It is not uncommon for tenants to have litigation over the exchange, when some family members do not give their consent to the operation.

The court may authorize the forced resettlement or consolidation of several apartments, taking into account the circumstances presented. If the interests of minors or incapacitated tenants are affected, then the consent of the guardianship authorities must first be obtained. A standard application is written, to which an official response must be received within 14 days. Currently, you can send an application through the MFC without visiting the guardianship department in person. The response of the supervisory authority will also be received at the center, the refusal can be appealed in court.

The number of apartments occupied in the exchange is not limited by law. You can also exchange apartments located in different settlements. Each participant will have to obtain permission from their legal owner, and then proceed with the exchange.

The transaction may not take place for several objective reasons. To understand how to competently exchange a dwelling under a municipal lease, you need to take into account the reasons for the refusal:

refusal to the employer to renew the contract of social employment for objective reasons;
the house is emergency or going for demolition;
a major overhaul of the house planned for the near future;
litigation with the tenant regarding eviction;
the presence of a dangerous disease in the tenant;
when exchanging for different cities, the number of residents must match;
no arrest or other encumbrances.

In some situations, the contract may be signed by the parties, but registration is denied due to discrepancies found and the lack of necessary information. The executive body of the administration applies to the court with a statement of claim, after the transaction is declared invalid, all participants return to their former places of residence.

Residents of a municipal apartment are looking for a suitable option on their own, with the help of intermediaries or by contacting the housing department of the administration. The responsible tenant writes a standard application and registers it, when an option appears, a notification will be sent to the applicant's address. The exchange agreement is drawn up under Art. 74 of the Housing Code of the Russian Federation, the participants are responsible tenants, the consent of other registered citizens must be attached.

Separately registered citizens do not have the right to allocate their share and change it, this is prohibited by the rules. An exchange for office space or an apartment in the property cannot be carried out. In this situation, it is required to privatize one apartment or cancel the privatization of the second living space, only then make an exchange. An agreement for the exchange of housing occupied under a social tenancy agreement is not registered with Rosreestr if the owner (municipality) has not changed.

The contract is drawn up in triplicate, for each participant and the housing department of the administration. Copies of the agreement are sent for signature to the housing department, where they are considered within 10 days. Obtaining the signature of the head of the housing department means permission to exchange addresses. If a refusal is issued to citizens, then it must be justified from the point of view of legislation. Interested persons may appeal against the decision in accordance with the established procedure in court.

The conclusion of new employment contracts automatically cancels the previously existing contracts. The municipality has 10 days to reissue documents, after which the exchange procedure is considered completed. How to properly exchange housing for social rent, you can consult the housing department of the administration. If after the submission of the exchange agreement and the package of documents questions arise, the consideration period is extended until the dispute is resolved.

Required documents for approval by the administration of the exchange procedure:

standard form statement;
document establishing the right of residence;
information about the composition of the family;
permission of guardianship (if necessary);
an agreement signed by the participants in the exchange
consent of registered citizens;
ID cards and copies.

A package of documents is sent by registered mail with notification, through the MFC or in person. The consent of the legal owner and all persons involved must be present on the application. The issue is resolved within 10 days. Consent must be obtained from long-term absent citizens, but who have a permanent residence permit in the apartment. An exchange in different localities requires contacting two housing departments at the same time for approval of the transaction.

A legal transaction may not be approved if the unauthorized parties to the transaction are clarified. For example, the lack of equivalence of premises, the desire after the exchange to get the opportunity to demolish the house as soon as possible and get an apartment in a new building. Usually such options are offered by intermediaries who have a financial interest in the transaction.

The housing department is considering the issue of exchange for commissions in the presence of specialized specialists. The refusal and explanation of legal reasons are sent to the applicant by registered mail. A negative decision can be appealed in court, for which 30 days are provided.

Municipal housing can be exchanged by decision of the owner, that is, the administration of the settlement. This can be associated with the reconstruction of a house, the execution of urban planning tasks, or as a penalty for non-payers of utility bills. The exchange is carried out by a court decision also in cases where the residents do not agree on the issue of moving. The statement of claim must contain a brief description of the situation and documentary substantiation of the applicant's position. If the arguments are significant, then the claim will be accepted for consideration, otherwise it will be rejected.

It should be noted that the exchange of municipal housing does not require the payment of 13% tax, as in the case of property. Since both objects belong to the state (administration), social employers do not have to pay for the legal transaction. The parties may terminate the concluded agreement within a month if there are significant reasons, after which the previous agreements are renewed and the registration of tenants is carried out. If children are born during the procedure, they can be registered at a new address, after making adjustments to the new contract.

Aspects of concluding a contract

During the termination of the old and the conclusion of new contracts, you should check the important points of the documents. Since the exchange of municipal apartments is an open-ended agreement, questions about inaccuracies may appear much later. It will become more difficult to restore the truth, and if privatization is desired, it may be necessary to restore documents for a long period.

A renewal of an existing contract is required in the event of the death of the responsible tenant. If citizens living in the same apartment under different agreements register their relationship, then a new agreement is drawn up instead of the two previously existing ones.

Cases of document renewal:

change of surname of a registered person;
change in the number of residents;
change in living space as a result of reconstruction;
change of postal address and other technical data of the apartment.

It is not uncommon for a contract (order or other administrative act) to be lost or unreadable. The responsible tenant must contact the administration and obtain a duplicate. Since, when signing, the second copy of the document remains in the archives of the municipality, after some time the applicant will receive the contract again. In addition to the statement of loss, it will be necessary to attach a package of necessary certificates and certificates.

If the responsible tenant dies and the contract is lost, then a duplicate will not be issued. You will need to write an application for reissuing a document for one of the persons registered in the apartment. The decision on this issue is taken by the administration.

Citizens have the right to terminate the social agreement at any time. The main condition is the written consent of all residents. The consent of the landlord is not required; tenants can terminate the contract without giving reasons at any time. The agreement is automatically terminated upon discharge from the apartment of citizens. In addition, the administration may conduct an eviction for the following reasons:

no utility bills for more than 6 months;
damage caused to the premises by residents;
regular violations of law and order, complaints from neighbors;
use of the property for commercial purposes.

According to the law, pensioners and the disabled, as well as citizens who have objective reasons for delaying utility payments, cannot be evicted from a municipal apartment. If the residents decide to change the apartment, then the issue will be considered in the absence of debts and administrative violations.

The exchange of living space occupied under a social tenancy agreement is terminated due to the death of the participant or the destruction, liquidation of the residential building. Eviction by decision of the administration is unacceptable without judicial review. The court may approve or deny the plaintiff, as well as offer an alternative option for relocation to less comfortable public housing. The latter option is most often used, for which there is a special fund. Another frequent ruling by the court is the designation of one year's probation as the initial punishment.

According to existing rules, pre-trial settlement of the conflict is carried out. The tenant receives a notice of potential legal action and has 30 days to respond. Only after that the landlord can apply to the court with his claim. Before you learn how to exchange a dwelling occupied under a social tenancy agreement, you should not have disputes with the landlord. Being in a judicial or pre-trial conflict, you can not start the exchange process.

The state real estate privatization program has been extended. In connection with the opportunity that has arisen, it is much more preferable for tenants of municipal facilities to privatize their apartment, then participate in legal transactions.

Becoming the owner, you do not need to ask the landlord for permission, the number of acceptable options will expand significantly. Most often, the exchange of the municipal fund is required in those rare cases when it is impossible to become the owners of the apartment.