The exchange and exchange of apartments
Are possible several options of an exchange of apartments, each of which has the features.
the Exchange of municipal apartments
the New Housing code established that the exchange of premises between employers of these rooms under contracts of social hiring can be carried out only with the consent of lessors (i.e. municipalities, or other homeowners). That to receive it, employers have to provide the contract on an exchange to each of lessors with whom they signed contracts of social hiring. The consent of the last (or refusal) has to be expressed in writing and given to the employer who addressed for a consent or the employer`s representative not later than in ten working days from the date of the address.
can Refuse an exchange to you in sleduyushchikhsluchayakh:to
- if to the employer of the exchanged premises made the claim for cancellation or for change of the contract of social hiring of premises; the right of use of the exchanged premises is challenged by
- in a judicial proceeding; the exchanged premises are recognized by
- in accordance with the established procedure unsuitable for accommodation; by
- made the decision on demolition of the respective house or its re-equipment for use in other purposes; by
- made the decision on capital repairs of the respective house with a reorganization and (or) re-planning of premises in this house; by
- as a result of an exchange in a communal flat installs the citizen suffering from one of severe forms of chronic diseases (are specified in Art. 51 of ZhK Russian Federation).
In addition, for commission of an exchange needs the written consent of the members of his family living together with the employer (including temporarily absent). If between the employer of premises under the contract of social hiring and the members of his family living together with it the agreement on an exchange is not reached, any of them has the right to demand implementation of a compulsory exchange of the occupied premises in a judicial proceeding.the Exchange of premises which are provided under contracts of social hiring and in which live minor incapacitated or restrictedly capable citizens who are members of families of employers of these premises is allowed by
from a prior consent of agencies of guardianship and guardianship.
of Maine of the privatized apartments
several options of an exchange of the privatized apartments Exist. It is possible to find, for example, the buyer on the apartment and to find suitable housing in the secondary market - in this case two contracts of purchase and sale are at the same time signed. Such transactions are called alternative and now are most distributed.
But can resort also to a direct exchange, having signed the contract of exchange according to which the parties exchange equivalent real estate. In the contract the amount of surcharge can be specified. For example, in case of exchange of apartments, different in the area, the participant of the contract of exchange of premises has the property right to the exchanged property, at the same time each of participating in the contract is considered the seller of premises which it gives, and the buyer of living space which he receives.by
did not exclude also an exchange of the privatized apartment for not privatized. The citizens making such exchange actually exchange the rights and duties. The former employer of not privatized apartment becomes the owner of the privatized apartment received by him on an exchange, and the former owner in exchange for the property right acquires the right of hiring and becomes the employer. At the same time the former owner cannot privatize the apartment received on an exchange as he already used the right for free privatization. Usually at an exchange of the privatized apartment for not privatized the privatized apartment is alienated by means of the conclusion of the contract of donation or purchase and sale in favor of the person driving to this apartment.