Advertisements for the exchange of housing for social rent. How to exchange a dwelling under a social tenancy agreement. We get permission from the administration
Under a social lease agreement, dwelling premises of the state or municipal housing stock are provided for the possession and use for living in it. In this case, the tenant of a residential premises under a social rental agreement has the right to exchange such premises (part 1 of article 49, part 1 of article 60, paragraph 4 of part 1 of article 67 of the RF LC).
For the exchange of a dwelling that is in the use of a citizen (tenant) under a social rental agreement, we recommend adhering to the following algorithm.
Step 1. Choose the option of sharing a dwelling with another tenant of a dwelling under a social tenancy agreement
In the absence of your own options, you can contact the landlord with whom you have entered into a social tenancy agreement regarding the exchange of living space.
The following may act on behalf of the lessor:
- ministries (departments, services) of the Russian Federation, constituent entities of the Russian Federation, which have at their disposal residential premises of the housing stock of the Russian Federation, constituent entities of the Russian Federation, provided to citizens under social tenancy agreements;
- local administrations of municipalities, which have at their disposal residential premises of the municipal housing stock, provided to citizens under social tenancy agreements.
Submit an application to the landlord for the selection of another dwelling for the exchange and attach a social tenancy agreement. The landlord will select the option for the exchange of living space and, if available, will notify you.
The legislation does not provide for the exchange of residential premises belonging to the social use fund for residential premises for individual, specialized and commercial use housing stock ("mixed" exchange), as well as the exchange of a member of the tenant's family under a social rental agreement with another a person, subject to his settling in as a member of the employer's family ("related" exchange) (clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 02.07.2009 N 14).
The agreement on the exchange of living quarters is concluded in a simple written form by drawing up one document signed by the tenants (part 2 of article 74 of the RF LC).
Registration of this agreement with the Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestre) is not required.
A prerequisite for the exchange of a dwelling occupied under a social lease agreement is the written consent of all members of his family living together with the tenant, including those temporarily absent, as well as the landlord. If minors, incapacitated or partially capable citizens who are members of the employer's family live in the dwelling, also the consent of the guardianship and guardianship authorities (parts 1, 4, article 72 of the RF LC; clause 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 14).
Step 3. Prepare basic documents
To obtain a decision on consent to the exchange of residential premises owned by the city of Moscow, occupied under social tenancy agreements, you will need, in particular, the following documents (clause 2.5.1 of Appendix 7 to the Decree of the Moscow Government N 521-PP):
1) an application for the issuance of a decision on consent to the exchange of residential premises;
2) documents proving the identity of the applicants (other participants in the exchange), their family members living with them and other persons registered in the residential premises to be exchanged;
3) documents proving the identity and powers of the representatives of the above persons (if the documents are submitted by representatives);
4) an agreement on the exchange of living quarters, signed by all participants in the exchange;
5) written consent of all members of their families living together with the exchange participants, including those temporarily absent;
6) the consent of the guardianship and guardianship authorities - when exchanging residential premises in which minors, incapacitated or partially capable citizens live;
7) documents confirming the grounds for the emergence of rights to residential premises, the lessor of which is not an executive authority (local government body) of the city of Moscow. These documents are:
- social employment contract (unless it is lost);
- an exchange order or a copy of the back of such an order certified by the issuing authority;
- order or a copy of the order, certified by the issuing authority;
- an extract from the decision of the executive authority (local self-government body) on the provision of living quarters or a copy of the said extract certified by the body that made such a decision;
8) a single housing document (in its absence - a copy of a financial personal account or an extract from a house book with full information about citizens registered at the place of residence in residential premises subject to exchange, at the present time, as well as those registered earlier and retired from the moment issuing an order) - submitted on your initiative.
If the lessor of residential premises is the executive authority (local government) of the city of Moscow, the documents specified in the last two items of this list are submitted by the applicant on his own initiative (clauses 2.5.1.2.2, 2.5.1.3 of Appendix 7).
Step 4. Submit documents to the landlord to obtain consent to exchange
In Moscow, the application and the necessary documents are submitted to the City Property Department through any MFC in Moscow, regardless of the registration of applicants at the place of residence (clause 2.3.1 of Appendix 7).
You must be issued a receipt for the receipt of documents (clause 4.10.3.1.5 of the Uniform Requirements, approved by the Decree of the Moscow Government dated 15.11.2011 N 546-PP).
The decision to agree to exchange or refuse to do so is made within ten working days from the date of registration of your application with the MFC. Such a decision is drawn up on paper and handed over to the applicant. Also, the decision can be sent by mail if the applicant indicated this method of receiving it in the application (
Under a social lease agreement, dwelling premises of the state or municipal housing stock are provided for the possession and use for living in it. In this case, the tenant of a residential premises under a social rental agreement has the right to exchange such premises (part 1 of article 49, part 1 of article 60, paragraph 4 of part 1 of article 67 of the RF LC). For the exchange of a dwelling that is in the use of a citizen (tenant) under a social rental agreement, we recommend adhering to the following algorithm. Step 1. Choose an option for exchanging a dwelling with another tenant of a dwelling under a social tenancy agreement.
Apartment exchange for social rent
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The cost depends on the office's rates and rates in the region.
- The presence of minor family members forces the employer to agree on the deal with the guardianship and guardianship authorities (PLO). The application is submitted at the place of residence. The term of consideration is up to 14 days, after which the PLO issues the final verdict.
- The agreement on the exchange of non-privatized apartments is signed by both parties.
The agreement annuls the previously concluded social employment agreements with the municipality (clause 5 of article 74 of the RF LC). Immediately after the exchange is completed, the parties sign new agreements for the move.
The term for their conclusion is up to 10 days.
After making sure that the exchange is possible, the employer proceeds to collect the documents. Consider what papers will be needed from both sides.
The exchange of living quarters under a social tenancy agreement - an algorithm of actions
Attention
Submission of other documents is not required, since they were submitted earlier when receiving a decision on consent to the exchange of living quarters, or they can be requested in the order of interdepartmental information interaction (clauses 2.5.1.1.2 - 2.5.1.1.7, 2.5.1.2, 2.5.1.3 Appendix 8). Termination of old and conclusion of new social employment contracts (or refusal to do so) is made within ten working days from the date of registration of the application with the MFC.
New contracts of social employment, as well as agreements on termination of previously concluded contracts, are issued by the MFC personally to the applicant in hard copy (part 5 of article 74 of the RF LC; cl.
How to exchange housing under a social tenancy agreement?
- A person who has a disease that is dangerous to society (active tuberculosis, mental illness, etc., see the list in the government decree of June 16, 2006, No. 378) is moving into communal housing.
- The document is fictitious: it is intended to obtain material benefits, and the parties do not actually exchange real estate.
- Housing conditions after the move become unsuitable for life, which gives the “injured” party the right to receive other housing on a first come, first served basis.
- Real estate on collateral.
- The living space was arrested (a criminal case was initiated).
- A deal with apartments located in different cities with a mismatch in the number of people living in them. When is a transaction invalid? If the deal is concluded, but it is prohibited by law to exchange a specific living space, then it is challenged in court.
Apartment exchange options
Documents that need to be prepared, additionally making a copy of each:
- a statement of intent to exchange living space;
- documents confirming the right to use housing (social rent agreement, orders, extracts from decisions made in a local government institution that the premises are provided for use);
- information (extract) from the house book about tenants;
- a positive decision of the guardianship and trusteeship authorities, if the persons under the age of 18 who are part of the families of the employers live in the premises being exchanged;
- the consent of all tenants to move to another property;
- exchange agreement with signatures of employers;
- copies of passports.
The documents (by mail with receipt notification or in person) are presented to the landlords in order to obtain their consent to exchange the living space.
Secrets of a Successful Social Housing Exchange
Demolition of privatized housing ").
Assistance in the exchange of non-privatized apartments
For example, privatize an apartment and only then find a buyer. What can be exchanged for? Many people ask themselves the question: how to exchange non-privatized housing and where to look for options? There are many ways to find a suitable living space: newspapers with ads, Internet sites, word of mouth, offers from friends ... But it is preferable to use the help of realtors or real estate agencies in your area.
The base they have collected has available options - all that remains is to choose an apartment and conclude an exchange agreement. Consider what you can exchange non-privatized housing for in Russia:
- Exchange between relatives
Known under the informal name "kinship exchange" - this is a sales contract concluded between relatives.
The transaction is made on trust, but you need to adhere to the conditions for concluding such transactions.
How is the exchange of apartments
Privatization of apartments is a free transfer of ownership to citizens of the Russian Federation on a voluntary basis the residential premises they occupy in the state and municipal housing stock, and for citizens of the Russian Federation who have booked the occupied residential premises - at the place of booking of residential premises. As a result of privatization, you acquire a number of very important advantages.
A privatized apartment in Moscow can be sold, moved or donated, while these operations are impossible with state (municipal) housing. You can rent out a privatized apartment, which cannot be done with a state one without a permit.
If you need more spacious living space, then you can easily make a profitable exchange of your privatized apartment, and parting with public housing is not so easy.
How to exchange housing received under a social tenancy agreement?
In 10 working days after receiving the notification of service of documents, the renter is obliged to answer in writing with consent or refusal. Previously concluded employment contracts are terminated, new ones are drawn up and signed.
When making a deal, it is imperative to obtain the consent of all tenants in writing, including those temporarily absent and the landlord. If the family has under the age of 18, incapacitated persons or citizens with limited legal capacity and they live with the employer, the consent of the guardianship and trusteeship authorities is required (the basis is the 1st part of Article 72 of the Housing Code of the Russian Federation, as well as paragraph 34 of the Resolution of the Armed Forces of the Russian Federation No. 14). Forced What is a Forced Community Housing Exchange? His family members living with the tenant do not agree to the deal - it is possible to forcibly evict them and move them into other housing only by a court decision.
Exchange of a non-privatized apartment, housing
Such a decision is drawn up on paper and handed over to the applicant. Also, the decision can be sent by mail if the applicant indicated this method of receiving it in the application (p.
p. 2.7.1, 2.7.2, 2.11.3.1, 2.11.3.2, 2.11.4
Appendix 7). Step 5. Terminate the previously concluded social employment agreement and conclude a new agreement To do this, you need to apply with the appropriate application to the Moscow City Property Department through any Moscow MFC (clause 2.3.1 of Appendix 8).
The application must be accompanied by documents proving the identity of the applicant, exchange participants and their family members, as well as documents proving the identity and powers of their representatives.
How to exchange an apartment correctly
Algorithm of actions for the exchange of apartments in 2018:
- Find a suitable housing option.
- Agree with the tenant of a non-privatized apartment.
- Obtain approval from the municipality.
- Wait until the second tenant gets approval.
- Obtain the consent of the persons registered in the apartment (the second party to the transaction does the same).
- Prepare documents.
- Conclude an agreement on the exchange of municipal apartments (in accordance with the provisions of Art. 74 of the RF LC).
- Agree a deal with the owner of the property represented by the administration.
- Terminate the current social employment contract.
- Conclude a new contract with the municipality and move into the received apartment.
Below you can find an example of an agreement on the exchange of housing: When the exchange concerns non-privatized housing, you do not need to contact Rosreestr.
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 tell you about the required package of documents.
Citizens of the Russian Federation who rent housing under a social rent 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 written permission from each member of his 
If an agreement has not been reached between the tenant and his family members, then each of them has the right to defend their position in court and demand a forced exchange of living space through the courts.
The court will take into account the interests of all parties when making a decision.
Documents required for exchange
- Application for the exchange of housing.
- Documents on the basis of which it is possible to confirm the right to use the housing (, order, certificate of the decision of the executive authority, exchange order, etc.).
- Certificate of the composition of the family that lives in the dwelling to be exchanged.
- If there are minors in the apartment, temporarily incapacitated or incapacitated - the written consent of the guardianship and guardianship authorities.
- Written permission from other family members.
- Housing exchange agreement, signed by the tenant.
- Other documents as appropriate.
Documents can be submitted in person or by mail. All copies of the necessary documents are submitted to the landlord, with whom a social loan agreement has been signed in order to obtain consent for the exchange. Within ten working days, after receiving the package of documents, the landlord is obliged to make his decision and notify about it in writing.
Housing exchange algorithm
Selection of options for exchanging housing with another citizen of the Russian Federation
If you do not have your own options, you should contact the landlord with whom you previously entered into a social employment contract and ask him.
The following bodies may act on behalf of the lessor in Russia: 
- Ministries (departments and services) of the constituent entities of the Russian Federation and Russia itself, which have at their disposal residential premises that can be provided to citizens under a social rent agreement.
- Local municipal authorities that manage the residential premises of the municipal housing estate and provide them to citizens under a social rent agreement.
After submitting an application to the landlord for the exchange of living space under a social rent 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 necessary living space (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 exchange are the tenants of social housing. 
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 commercial use fund.
The contract must be signed by the parties and drawn up in writing. At the same time, registration with Rosreestr is not required.
11 minutes to read. Posted on 11/14/2019
Who is eligible?
Who is eligible to barter residential premises under a social tenancy contract? The legislative act governing the barter of housing is the RF Housing Code. Article 72 of this document describes the rights of the employer regarding exchange issues.
There is also information about who can demand the exchange of apartments for social rent. In addition to the employer, this opportunity can be used by adult family members living with him.
The first thing that must be done by the initiator of the transaction is to obtain written permission from all household members. If an agreement on the issue of changing housing conditions is not reached, your right will have to
defend in court
forced barter claim
available on our website).
Note:
- If the living space is occupied by minors, incapacitated or partially capable people, permission will need to be obtained from the guardianship authorities.
- A resident who is away at the time of the transaction must also provide his written permission.
Find out on our website about whether it is possible to change a room in an apartment for a house with a land plot, how to exchange a private house or cottage for an apartment with a surcharge, and also how to draw up a contract for exchanging an apartment for a house and a plot.
Object and subject of exchange of living quarters under a social tenancy agreement
In our case, the basis for termination and registration of a new social rent agreement is the exchange of living quarters.
From the date of the citizen's appeal, each of the landlords terminates and concludes a new contract within ten days (but not later) from the date of a positive decision.
Thus, the exchange of social housing takes place within twenty days: 10 to make a decision on the application and 10 days to complete the contract.
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Disposal of real estate is one of the key civil human rights recorded in the RF Housing Code. In this case, the disposal of real estate can be carried out both in the case of private property, and in the event that a social employment contract is provided. Since the subject of our interest is the exchange of living quarters allocated to citizens from the social fund of the state or municipality, we will dwell on this issue in more detail.
The exchange of living quarters under social rental contracts is regulated by the housing legislation of the Russian Federation, and to be more precise, by Articles 72-75 of the RF LC. Such a right is available both to the employer himself, who signed a social employment agreement with the owner-landlord, and to representatives of his family.
At the same time, the reasons for such a transaction can be very different, starting with a change of place of work and ending with leaving for another city for training. The legislative order does not imply the provision of argumentation on the part of the applicant for the disposal and exchange of living quarters, since such a right is completely legitimate.
If we turn to the regulatory legal acts that regulate the housing sector, we can come to the conclusion that the subject of the agreement for the exchange of living quarters is the real estate provided to the citizen (tenant) under the social tenancy agreement. Since the state or municipality can provide various real estate objects for living, the agreement for the exchange of residential premises may include the following categories of subjects of legal transaction:
- apartments in a multi-apartment building;
- a room in a communal apartment.