Buying a dorm room: documents, nuances of the procedure and legal advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

People resort to buying housing in a hostel only in extreme cases. Some urgently need their own living space, but there is no money to buy an apartment, others go for this in connection with moving to another city for work, and still others just started a family and want to escape from under their parental wing as soon as possible. There may be other reasons, but regardless of them, it is important to know how to properly process the purchase of a dorm room. Let's look into this issue in more detail and find out what pitfalls to consider when doing this.

Basic subtleties

Buying a dorm room (pitfalls can be very different) is a very serious decision that can cause a lot of problems for legally unsavvy people. To be safe, it is recommended to ask the seller to provide a certificate in form 7 before concluding an agreementand 9. The last document provides information about all the people registered in the property. If at least one of the tenants does not agree with the sale, then it will become impossible to officially conclude a deal in accordance with all legal norms, and therefore, it will be considered invalid.

When looking for housing, you should consider options in relatively new buildings. In old Khrushchevs, as a rule, living conditions are poor, so you will have to spend extra money on landscaping. Therefore, before the purchase of housing in a hostel is carried out, carefully carry out a technical inspection of the property and make sure that all the necessary documentation is in place.

Room or apartment: which is better?

Let's take a closer look at this. It is not worth saving on buying a home, as this can turn out to be very expensive later. The cost of real estate is largely determined by its technical condition and convenience for living. At the same time, the price of cheap rooms and apartments does not differ too much from the average market price.

Sellers should never be trusted as they will not provide correct information, especially if they need money urgently. As practice shows, buying an apartment in a hostel often ends with resettlement in worse options. Therefore, you need to carefully weigh everything, study the current state of affairs in the secondary market and carefully calculate the future acquisition.

Regardingchoice - a room or an apartment - the first option is less preferable, since it significantly limits the possibilities. Firstly, the area will be very small, and secondly, we will have to put up with our neighbors, not all of whom are peaceful people. And the financial feasibility is not one of the best. The cost per square meter of a room is higher than in an apartment.

Legal

So what do you need to know about this? If you decide that buying a dorm room is the best option for you, then you need to study the ins and outs of this process. It should be noted right away that it is better to conclude a deal directly with the seller, bypassing intermediaries, since this way you will be able to save a lot on commissions. However, even in this case, you will not be able to avoid all the problems, the solution of which requires the help of qualified specialists with experience in the issues you are interested in.

If the property is not privatized, then its owner does not play a significant role in the conclusion of the purchase / sale agreement. But it is a completely different matter if the owner is the first person en titled to make any transactions with living space. But here it is critically important that the application for denial of it be correctly drawn up.

What role do neighbors play?

This aspect should be given special attention. Buying a dorm room (professional advice will be given at the end of the article) is a complex process from the legal side, since variousproblems when trying to get a refusal from the neighbors. In addition to the relevant applications, it will be necessary to take documents from the guardianship authorities if persons under the age of majority are registered in the dwelling.

Here comes the "Child Protection Act". Parents cannot simply take and redeem square meters. In the future, such a deal could turn into very big problems. Firstly, the buyer will have to spend extra money, and secondly, the transaction can be completely canceled. To avoid this, it is necessary to notify all tenants in advance of the intention to sell the property and the estimated cost. Under current law, shareholders will have 30 calendar days to make a decision. If they do not agree or are unable to redeem the share, then the rightful owner will be able to make any housing transactions without any problems.

Documentary Options

Sometimes you can find ads for sale of two properties that are in the same building next door. Their total area is comparable to a full-fledged apartment, so it is very profitable to buy a room in a hostel. When concluding a transaction, documents must be studied very carefully, since in the event of their privatization, successive acquisition and division of shares will be impossible.

So, what is needed to complete the transaction:

• documents for the room, confirming ownership;
• if the dwelling was privatized, then a technical passport andcertificate of privatization;
• passport and code of the owner, as well as all those registered in the room;
• certificate of the family composition of the owner;
• if there are children who are under 18 years old, then you still need to obtain permission from the guardianship and guardianship authority for alienation;
• appraisal report.

It is important to know how the property was privatized: by amicable deal or through the court. In the latter case, the claim is valid for 3 years, after which the owner of the property may forfeit the right of ownership. As a result, the contract will be considered invalid, and the buyer may lose his money.

Find out which organization the building you want to purchase housing belongs to. Based on this, you can form an idea about the contingent living in the house. Also collect certificates about whether utility payments are made regularly. If not, then there is a high probability of turning off hot water or light. Therefore, buying a dorm room on a mortgage or for cash will not be the most successful solution. In addition, if you decide to take housing on credit, then you need to find a suitable bank.

As a rule, financial institutions have the following requirements:

• borrower must be at least 20 years old;
• loan is not issued to persons over 75;
• official employment;
• there must be a guarantor;
• with a negative credit history, you can not count on a loan.

Possible loopholes

If harmful neighbors live in a communal apartment who do not want to sell a room, this does not mean that you cannot buy housing. The issue can be resolved by donating real estate. However, this loophole also has a downside. There is no guarantee that other residents will accept you normally, and will not start plotting various intrigues.

There are also certain pitfalls in buying a room in a former hostel through donation. Here, ill-wishers can take advantage of Article 170 of the Civil Code, which refers to one transaction acting as a sham and covering up another.

Therefore, the best option is a peaceful settlement of the issue, when all parties have come to an agreement. This is the only way to avoid various problems in the future.

What problems do people face when choosing communal housing?

Ignorance in legal matters can play a cruel joke when buying a property. This is especially true in cases where a room or apartment was previously privatized, but then, due to changes in legislation, a second procedure is required. In this case, the tenants will not be able to be resettled, and therefore, the purchase / sale agreement cannot be concluded. In this scenario, the stagnant process can drag on for many months, or even years, and the terms of the buyout will be less favorable. Therefore, the best option is to negotiate with the neighbors.

Recommendations from experts

If you are interestedbuying a dorm room, legal advice will help you do everything right and avoid many pitfalls. Therefore, before proceeding with the execution of the transaction, you need to consult on all issues with a specialist. Professionals recommend that uninformed people trust the entire process to experienced lawyers or study the current legislation well so that after signing the contract there is nothing to complain about. This will allow you to protect yourself and not throw money away.