Обмен жилых квартир. Ч.1

Автор: admin  //  Рубрики: Городская недвижимость

Обмен жилых квартир. Ч.1

Сегодня наш разговор будет  о том, как обменять квартиру. А если еще точнее – как поменять свое жилье на чужое?

Существует несколько видов жилищных обменов. Если мы имеем дело с двумя идентичными квартирами, то подразумевается равноценный обмен и никакая доплата не берется. Поскольку выходит, ни та , ни другая сторона ни в чем не прогадала.

В случае же с неравноценными квартирами понадобится определенная сумма (доплата в виде гаража, машины или земельного участка). 

Есть две модификации  неравноценного обмена.

Первая: дешевое жилье с доплатой передается за более дорогую квартиру. Это типичный случай с одинокими пенсионерами. Они меняют свое престижное жилье на квартиру в спальном районе, получая за это добавку к пенсии.

Вторая: улучшение своих жилищных условий путем доплаты некоторой суммы за разницу в квадратных метрах. Здесь мы уже имеем дело с более высоким качеством приобретаемых метров.

Если одна жилплощадь разменивается на несколько других, то говорят о разъезде. К нему же относится и расселение коммуналок, где каждая семья имеет свой лицевой счет.

А вот под съездом понимается  такой вариант обмена, при котором жильцы из нескольких квартир переселяются на одну жилплощадь.

Теперь давайте  разберемся, в каких Вы отношениях находитесь со своим жильем. Вариантов всего два: либо Вы являетесь собственником квартиры, либо получили жилье от государства.

При первом варианте Вы должны будете произвести мену (это что-то вроде сделки купли-продажи), а при втором – Вы ее можете только обменять, так как квартира Вам не принадлежит.

В одном случае мы будем руководствоваться Гражданским кодексом РФ, а во втором – Жилищным.

Мена

На сегодняшний день обмен квартир, в классическом понимании этого слова, ушел в прошлое. С развитием рыночных отношений стало бесспорно пониматься, что все жилые помещения имеют свою цену. А вот разницу за качественное отличие жилых метров многие наши сограждане предпочитают получать в денежном выражении.

Поэтому сегодня вместо классического обмена мы имеем дело с альтернативными сделками, при которых «обмениваются» либо путем мены, либо путем одновременной купли-продажи жилых помещений.

При заключении договора мены, каждая из сторон обязана передать в собственность второй стороны  свою квартиру в обмен на противоположную.

При совершении договора мены применяются правила о купле-продаже. И та , и другая сторона, выступают в роли продавца товара, который она обязуется продать, и, одновременно, покупателем товара, который она принимает в обмен.

Причем, если из договора не следует иное, то квартиры, подлежащие обмену, принимаются как равноценные. А расходы по передаче и принятию жилья осуществляются той стороной, которая выполняет соответствующие функции.

Если же квартиры признаются неравноценными, то сторона, чья квартира ниже по цене, должна оплатить разницу в ценах, если иное не предусмотрено договором мены.

Такое случается очень часто. Поэтому практически всегда кому-то приходится доплатить. Величина доплаты обычно зависит от многих факторов: года постройки дома, его местонахождения, типа дома ( «хрущевка», «сталинка», панель, кирпич и т.д.). За престижность района города доплата может увеличиться раза в полтора.

Из последнего примера видно, что, меняясь даже примерно равными по метражу квартирами, кому-то все равно приходится доплачивать.

И напоследок. Мена подлежит в обязательном порядке нотариальному удостоверению и, разумеется, государственной регистрации.

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