Turn-based strategy

Regulations specify that the right to housing be transferred to parties to a transaction after the registration of the contract of exchange, a new treaty sotsnayma and registration of property rights. Thus, the procedure for the exchange of apartments occupied by contract sotsnayma and ownership, as follows.

To make an exchange must submit an application (its form is attached to the position) in the PMU Moszhilservis ``. In addition to the statement, the parties shall submit to barter and documents confirming their right to the apartment. Then all the documents received from the PMU `` Moszhilservis to the Commission on Housing of the Government of Moscow or county prefect. After the approval of the Commission on the exchange is received, the PMU is obliged to register the transaction in itself and contract sotsnayma with a new employer. Only then can the new owner may apply to the registration authorities with a statement on the registration of ownership of the apartment.

All, as always, depends on the officials

Now let's talk about some of the shortcomings of the situation. First, it is the scheduling of receipt of an approval committee and registration of the contract. Consequently, they both have every right to consider the contract a few months or longer. Another problem is the inconsistency of the rules of temporary regulations of the Civil Code (Civil Code). The provision expressly states that the sharing of premises is conducted in compliance with current legislation. However, the Civil Code only allows the exchange of equivalent property - otherwise required surcharge. It is clear that housing in the ownership, and the apartment occupied by the treaty sotsnayma, have different values. Among other things, the cost impact and the fact that the new employer, if he has already used the right of privatization is not able to draw received under the contract of barter in the apartment property. Moreover, since the apartment will be received by the employer after 2005, to privatize it, he is not entitled, because the privatization law is prohibited. Accordingly, the condition of the contract of barter - the equal value of exchanged property - is being questioned.

The main thing - do not forget to flash contract

Barter is made in writing, but may be authenticated by a notary. At first glance, the legislators make life easier for citizens, giving them a choice. The problem is that in the case of notarization a notary is able to impose their form of barter contract. But the situation accompanied by a few samples of the contract of barter, and these forms are mandatory, as in the text there are references to them. Accordingly, the parties will either have to find another notary, or in principle, refuse notarization of the contract.

For registration of ownership of the new owner will need to submit the original contract of barter. If it is not notarized, but it consists of several sheets, they should ask. Strictly speaking, neproshity contract does not have the right to take even the PMU, since there is a chance to arbitrarily change the content of such a treaty. Sewn on the back of an agreement sealed with the signatures of the parties.

Commission decides on the exchange not only with the agreement and consent of all co-residents, but also with the permission of the owners (governments and their representatives) apartment in another city. Nobody can guarantee that in another city would agree to give any document before the parties will exchange permission of the Moscow committee. Then the contract is not able to register ever. The authorities will decide on indefinitely, which of them should be the first to comment on the contract.

Examples of sharing apartments, obtained by sotsnaymu, the apartments are owned, already have. But you can not say that the temporary provisions are fully applicable in practice. It will take about a year before they were safe to use a solution of housing problems. Meanwhile, the exchange of ownership of dwelling space on sotsnaymu cause confusion like realtors, and a lawyer.