Where it is located, its area. Mark it on the apartment plan and attach it to the contract.

To accompany the agreement, draw up an act of acceptance and transfer of the room. It contains information about the seller and buyer, information about the room and information that the room was handed over in good condition. The act, together with the agreement, is submitted to the Rosreestr authorities for registration. You must have three copies of the agreement (for the seller, buyer and Rosreestr authorities) and three copies of the act.

Collect the remaining documents that need to be submitted to the Rosreestr authorities for registration. The buyer will need applications for state registration of the contract and transfer of rights to the room, a passport and a receipt for payment of the state registration fee. The seller will need to submit the same statements, a passport, a certificate of ownership of the room, an extract from the house register, the consent of the guardianship and trusteeship authorities if minors live in the apartment, the consent of the spouse to sell the room, a notarized refusal of the other owners of the premises in the apartment from the priority right to purchase a room.

Submit documents to the Rosreestr authorities. You can find out about their work schedule on the corresponding website: www.rosreestr.ru. After 30 days the transaction must be registered. The seller must receive from the Rosreestr authorities his copy of the purchase and sale agreement with the registrar’s mark, and the buyer must receive the same copy and a certificate of ownership.

Selling a room, especially in a communal apartment, requires a significant amount of time due to the specifics of preparing the transaction. In addition, the demand for rooms is much lower than for apartments, since when buying a room, a person also acquires neighbors with whom he will have to share common areas in the apartment.

To sell a room in a communal apartment, first of all, it is necessary to collect refusals from all owners of other rooms who have the right of first refusal to purchase the premises being sold. If not all rooms in the apartment have been privatized, then consent to sell the room must be obtained from the local administration. In cases where the co-owner is a minor or a disabled person, there must be consent to the sale from the guardianship authorities.

How to collect refusals from other owners

Notifications about the sale of a room are sent in writing to all owners of rooms in the apartment. In this case, the message must indicate the price at which it is planned to sell the premises. The fact that the letter was sent is confirmed by a postal receipt. Responses must be received within a month. If no response is received, it is considered that the owner agrees to sell the room. It is recommended to notarize the responses received with a refusal to purchase a room. If the location of one of the owners is unknown, you should contact the passport office, BTI or reg. service, or, as a last resort, send a notice of sale to the address of the communal apartment.

If one of the neighbors agreed to buy the room, then the purchase and sale agreement must be concluded with him. If several owners agree to purchase, the decision is made by common consent, and if agreement is not reached, it is made in court. Selling a room to one of your neighbors is the best way to sell a room quickly.

How to sell a room

When the refusals are collected, you should begin searching for a buyer and preparing documents for the transaction. To sell a room profitably, you should look for people interested in buying this particular room (for example, relatives of your apartment neighbors or residents of other apartments in this building).

The final price of the room in the purchase and sale agreement must be no less than the price for which the neighbors were offered to buy the room.

To sell a room, you must prepare the following documents:

• certificate of ownership of the room indicating its size and the size of the entire apartment as a whole;


• BTI certificate with an assessment of the cost of the apartment and the premises being sold;


• agreement for the transfer of ownership of the premises (purchase and sale agreement);


• certificate of absence of debt on utility bills;


• extract from the house register;


• copy of personal account;


• refusals of neighbors from the pre-emptive right to purchase a room;


• consent of the guardianship authorities (if minors are registered in the room).

Transactions for the sale of rooms undergo state registration in the same way as transactions for the sale of individual apartments.

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Sources:

• How to sell a privatized room in a communal apartment

Almost every city in our country has houses with communal apartments. For most city residents, the only way to get a room in a communal apartment is to buy it. This type of real estate is popular due to its low cost; up to 10% of all transactions for the purchase and sale of real estate on the secondary market are for communal rooms.

Instructions

First of all, the most popular options are in demand, that is, rooms in a large apartment of small size, but with many neighbors. You can find such a room both in remote areas of the city and in the very center, and the cost when purchased is practically the same. Liquid ones, located in sparsely populated apartments with no more than 3 rooms and with adequate neighbors, have become especially popular.

In fact, hardly anyone wants to live their whole life in a communal apartment, so first you need to decide why you want to get a room in this particular apartment. That is, do you intend to buy rooms from your neighbors in the future or move to another place in the future? After all, there is always an alternative, for example, a small apartment in a regional center or an apartment in a building under construction.

Any citizen of our country who needs housing, which is provided under a social rental agreement, can get a room in a communal apartment. To do this, you must not be the tenant of another residential premises under a contract or the owner of the residential premises. Family members should also not own residential real estate. In addition, families living in premises that do not meet established standards and requirements also have the opportunity to obtain a room.

Video on the topic

note

Buying a room in a communal apartment is a longer and more complex operation than buying a regular home.

Helpful advice

When inspecting your future home, be sure to get to know your neighbors, as you will have to meet them more than once a day. Pay attention to adequacy.

Selling a room is more difficult than selling an apartment. Because besides you, there are other people living there, whose rights must be respected. You must have good relations with your neighbors.

You will need

• - documents for the room;
• - passport.

Instructions

When you decide on the price, visit all your neighbors (the owners of the rooms in your apartment) and offer them to buy your room at this price. If you have good relations with your neighbors and they themselves do not want to buy your room, they must write you a waiver of the pre-emptive right to purchase your room from a notary. As a rule, payment for notary services is at your own expense, since you need it. If all your neighbors - room owners - are responsive and responsible people - you are lucky. It's just a matter of organizing and paying for the process.

If you have a non-peaceful relationship with your neighbors and they want to take revenge on you for something, or they are simply unkind neighbors, or are pursuing some of their own interests and refuse to go to the notary to sign the document you need, you will have to offer them in writing to buy the room at the specified price and send your purchase offer by registered or certified mail with an inventory to their place of residence. After all, it happens that the owners of the rooms do not live in their own, but rent it out to tenants. In this case, you will have proof that they have been notified by a postal receipt or acknowledgment of delivery of the letter. And if they do not respond to your offer within a month, this will mean their refusal.

Next you need to find technical documents for the room. And if, since 1998, it has at least once been the subject of sale and purchase, technical documents do not need to be submitted to the Registration Service (Rosreestr), since they are already there. An extract from the house register about registered persons is taken no earlier than 10 days before the transaction. You also need the consent of your spouse to sell this particular room, certified by a notary, if the room was purchased during marriage and not as a gift, not privatized, or acquired before marriage.

Then you draw up a purchase and sale agreement, sign it by the parties, pay the state fee and register the transfer of ownership in Rosreestr. Of course, make monetary payments, making sure to write a receipt in accordance with all the rules of civil law.

note

If one of the owners in the next room is a minor child, you will need to ask his parents to obtain permission from the guardianship and trusteeship authorities at the place of registration of this minor child to sell your room. If they do not want to do this, then write them a letter notifying them and after a month it will be considered that the refusal has been received. Only after you have collected all refusals or postal documents from all neighboring owners, can you offer to buy the room to a third party.

Helpful advice

If your neighbors don't want to buy the room at the price you're offering, it may be easier to lower the price. After all, you will spend a lot of time on paperwork and searching for new buyers, and this also requires material investments.

Transactions with communal real estate are considered quite complex. In some cases, even an experienced realtor takes a lot of time to obtain all the necessary approvals. Before conducting such a transaction, you need to study all the features that are hidden in the sale of a room in a communal apartment.

It is necessary to start with the main nuances that determine the high complexity of this transaction. The seller should note that:

• neighbors must be notified of the sale of a room in a communal apartment (preemptive right);
• Sometimes it is necessary to have a transaction certified by a notary.

Before buying and selling, it is also necessary to find out who is the title owner of the room in the communal apartment. This can be done by ordering a current extract from the Unified State Register of Real Estate.

IMPORTANT. Only the owner can sell a room in a communal apartment. If the statement indicates a municipality (for example, a city or rural settlement), then the transaction will not take place.

Read more about what features there are when you buy a room in an apartment below.

Pre-emptive right to purchase

This means that neighbors in a communal apartment (owners of other premises in a communal apartment) have the opportunity to buy the room first before any outsider. In this case, compliance with this condition is the responsibility of the seller.

IMPORTANT! The Housing Code establishes an independent basis for the emergence of a preemptive right - the sale of premises in a communal apartment. It differs from the case when it is necessary to sell a share, because the room may also be under personal ownership.

Ignoring the requirements for pre-emption will lead to the cancellation of the transaction based on the claim of interested parties.

If neighbors decide to sell the entire apartment to one buyer, there is no need to notify each other about the sale. In this regard, selling a communal apartment is completely easier.

Consent of neighbors

The preemptive right is exercised by sending a notice of the sale of a room in a communal apartment and an offer to buy it at a set price. In response to a notification, there are three possible reactions:

• buy out a share;
• provide a written refusal;
• They don't react at all.

In the last two cases, the seller has the right to begin the alienation of real estate to any third party. The term “consent of neighbors” is used in everyday life precisely to indicate compliance with pre-emptive rights. However, the law does not require a document called “consent to sell” for a transaction.

Is it possible to sell without the consent of neighbors?

If you do not notify your neighbors, the transaction simply will not be registered with Rosreestr. But even if the registrar misses this point, interested parties will have the opportunity to cancel the sale through the court, taking all the rights of the buyer to themselves.

As a result of the trial, the neighbor will become the new buyer of the apartment, and the former owner will have to return the money to the third party, as well as compensate for damage caused by these circumstances.

At the same time, practice has developed the following strategies that do not require consent to sell:

1. Through the conclusion of a gift agreement. Instead of a purchase and sale agreement, citizens enter into a deed of gift, and the money is paid according to a receipt (most often issued as a loan).
2. A loan agreement is drawn up, which is secured by collateral in the form of premises in a communal apartment. Next, the transfer of ownership of the lender (buyer) to the housing is formalized to pay off the loan debt.

You need to understand that, if desired, both the deed of gift and the loan can be declared invalid through the court as sham transactions. This will bring even more problems than the usual non-compliance with the pre-emptive right.

It is much safer to respect all the rights of your neighbors and carry out the sale in full compliance with the law.

Do you need a notary in 2019?

When purchasing and registering a purchase and sale in 2019, a notary may be needed to perform the following actions:

• send notarial notices of priority rights to neighbors;
• formalize notarized refusals of neighbors to purchase an apartment;
• certify the transaction if we are talking about the sale of a share.

Notarized notifications to neighbors are one of the ways to enforce the right of pre-emption. Some regions require a notarial form, but according to the law, proof of compliance can also be a simple written document. Having received a refusal to register with reference to the lack of a notarial form of notification, the seller has the right to appeal it in court as illegal.

Waiver of the pre-emptive right to purchase is formalized through a notary or directly with the registrar when submitting an application to register a transaction. For notarization, your neighbor needs to bring the received notification of the sale of a room in a communal apartment and your passport. The notarial waiver is then provided to the registrar.

If, according to the agreement, a “share in the right of common shared ownership” is sold, such a transaction is subject to notarization. In other cases, a notarial form is not required. This means that if a room in a communal apartment that belongs to the seller as personal property is being sold, without mentioning common areas, there is no need to have the contract certified.

IMPORTANT! It is not necessary to indicate in the contract that in addition to the premises in a communal apartment, the buyer is transferred a share in the right of common shared ownership of common areas (kitchen, bathroom). The share will be transferred automatically, and the parties will be able to avoid notarization.

Selling a room in a communal apartment: step-by-step instructions

To complete the transaction, the following procedure for selling a room in a communal apartment applies:

Find a buyer and discuss the main details of the transaction

It is necessary to discuss the terms of the future transaction with the potential buyer, including the price of space in a communal apartment, payment procedure, and the deadline for concluding the main contract. If the consent of the neighbors is a simple formality, then a preliminary purchase and sale agreement can be concluded. If there is a possibility that one of the neighbors will exercise the pre-emptive right, then it is safer for the seller not to accept the deposit and not to sign documents with the buyer at this stage in order to avoid problems in the future.

Notify neighbors about the right of first refusal

To do this, you need to identify the title owners of rooms in a communal apartment by ordering a current extract from the Unified State Register of Real Estate. If the owner is a municipality, then the city (village) administration must be notified.

Notification of the sale of a room in a communal apartment must be in writing. There are the following notification options, including those that affect how quickly you can sell a room:

IMPORTANT. If the notice is sent by mail, then the recipient’s address can be indicated according to his registration (legal address - for companies), and if it is not known, then at the location of the room.

If there are problems in relations with neighbors, the neighbor does not want to make contact, it is recommended to contact a notary or combine the methods of sending by mail and through a notary.

Receive a refusal or wait until the deadline to respond expires

Article 250 of the Civil Code of the Russian Federation establishes that from the date of receipt of the notice the period for a response is 30 days. During this time, the neighbor must express his decision in writing - grant a refusal or buy the property.

The refusal is issued in a notary office on a special certificate. The neighbor must take to the reception the notice and passport received from the seller, on the basis of which the specialist will prepare an application. Having received refusals for housing from the owners (owners), signed by all owners, the owner of a room in a communal apartment does not have to wait until the end of the month, but complete the transaction.

If the neighbor ignores the notice and does not receive it, then you should simply wait until the deadline expires and then sell the room. For cases of sending by mail:

• the seller sends a registered letter with notification, receives a track code for tracking;
• from the moment the letter arrives at the post office, the storage period begins - 30 days;
• After the expiration of the retention period, you must begin counting the 30-day response period.

If the notice was submitted through a notary, he will independently calculate all the deadlines.

IMPORTANT! According to the law, it is important not to deliver the notice, but to send it - therefore the seller should not worry about the receipt of letters by the addressees.

Prepare documents for the transaction

The documents must be prepared according to the list presented below. Each one is designed differently. How to apply - general recommendations:

• the agreement and the deed of transfer are prepared in three original copies;
• all documents printed on 2 sheets or more are stapled;
• in some regions it is necessary to personally certify copies with the inscription “Copy is correct / date / signature / transcript”;
• It is necessary to make copies of all originals, except for the agreement and the deed of transfer (copies will go into the registration file).

Each region has its own rules regarding the procedure for accepting documents, so it is recommended to clarify this point with the office where you plan to submit the papers.

Submit documents for registration to Rosreestr and wait until it is completed

Documents for registration are submitted personally by the parties to the transaction or their representatives under a notarized power of attorney. Personal participation is required, otherwise the documents will not be accepted. You can submit papers through:

• MFC (“My Documents”);
• Rosreestr directly;
• notary in electronic form (if he certified the transaction).

The registration fee is 2,000 rubles, usually paid by the buyer, but sometimes by the seller or both in half (depending on the wishes of the parties). If registration is through a notary, you will need to pay an additional 1,500 rubles for this service.

The registration period will be from 5 to 14 days when submitted through the MFC or Rosreestr, and only 3 days when registering electronically.

Final payment for the room

The law provides for several different payment methods. The moment can also be any: full prepayment, installments, deferment or full payment immediately after registration.

All options are acceptable, so the parties always choose the most convenient procedure.

What documents will you need?

This is one of the most important questions when making a transaction. Whether the registration is successful depends on the correctness of the documents. The list of documents for selling a room in a communal apartment includes:

1. Consent of the seller's spouse to sell (if the seller is married).
2. Information on compliance with the pre-emptive right (evidence of notification or notarial refusals).
3. An extract from the USRN for the room being sold (or a certificate of ownership).
4. Technical plan of the room.
5. Information about those registered in the room.
6. Certificate of absence of debt for housing and communal services.
7. Receipt for payment of state duty of 2,000 rubles.

In some cases, additional documents may be needed, so it is recommended to check the final list with the regional Rosreestr or the nearest MFC.

Sample notice to neighbors

The finished notice must contain the following information:

• Full name of the owner of the room and full name of the neighbor;
• an accurate description of the room (as in the future contract);
• Selling price;
• an indication of the existence of a pre-emptive right.

It is important to indicate the same price as in the future policy, otherwise the notification will be considered invalid. Additionally, you can specify the payment procedure and other terms of sale.

More information about the purchase and sale agreement

The contract must contain a number of mandatory clauses that are necessary to give it legal force. These include:

1. Full name of the parties.
2. Description of the room - the subject of the contract.
3. Selling price.
4. List of persons who have the right to use housing (for example, by testamentary refusal).

Without any of the above conditions, the contract will be considered invalid. The remaining conditions - the procedure for payment and transfer of the apartment, terms, responsibility of the parties and guarantees of the seller, ensure a balance of interests of the parties. If they are not spelled out in the text, then the law will apply.

A mandatory addition to the contract is the transfer deed.

Is it possible to sell housing with other registered persons?

The sale transaction itself with registered persons is not prohibited by law. It should be remembered that these persons will have the right to use the room until they are deregistered, which entails some risks for the buyer, especially if there are minors among them.

IMPORTANT! All persons registered in the room must be listed in the purchase agreement.

Conclusion

To properly sell your room in a communal apartment, you must follow the rules of sale. First of all, they relate to compliance with the preemptive right of purchase of neighbors, as well as the collection of supporting documents. Using the recommendations and forms given in the article, any citizen can quickly sell a room in a communal apartment.

We are waiting for you for a free consultation with a lawyer if you have any questions. Record in a special form in the corner of the screen.

You can find out more details and the procedure for such a transaction below.

We are waiting for your questions and will be grateful for your like and repost.

At first glance, it may seem that the question: “How is the sale of a room in a communal apartment carried out today?” - has lost its relevance, since this type of housing can be considered a relic of the Soviet era. Perhaps this is partly true, but in Russian cities many families are forced to huddle in small rooms of the old. Unfortunately, the housing problem in our country is very acute. It is for this reason that selling a room in a communal apartment is of interest to many citizens, since there will always be a buyer for such housing. Each of the contractors pursues their own goals: some are tired of wandering around rented apartments, while others have found the opportunity to purchase more spacious mansions. In any case, we should not forget that selling a room in a communal apartment is a troublesome procedure that takes a lot of time and effort. At the same time, it is associated with certain difficulties, but this fact should not scare off a potential seller.

Neighbor's question

Selling a room in a communal apartment begins with resolving the issue with the neighbors.

The fact is that if you decide to sell “meters” in a communal apartment, then the preemptive right to purchase your property belongs to them. Without complying with this condition, it will be illegal to sell a room in a communal apartment. The property owner may not receive the consent of the neighbors to the transaction, but he is simply obliged to inform about it. It is noteworthy that the third party is offered the same terms of purchase and sale as the refused neighbor. In other words, it will not work to inflate the cost of housing in order to insure in case the deal falls through.

Of course, selling a room in a communal apartment is a troublesome matter. In practice, it is not so easy to obtain a refusal from neighbors, for the reason that in some cases it is not possible to find them (someone has not lived in the city for a long time, someone has moved to another area). It often happens that all the neighbors are there, but they do not want a new tenant to appear: we tend to treat strangers with caution. This tactic of behavior is most often chosen if a room in a communal apartment in Moscow is being sold.

Many are afraid that a person with a criminal record or an unbalanced psyche will live next door to them.

How to set room owners

If you are determined to sell a room in a communal apartment, then you must determine a list of persons who are the owners of residential premises located in your neighborhood.

First, you should contact Rosreestr, where you will fill out the appropriate application and pay the state fee for providing information. You will receive a written response within approximately five days.

What to do next

Having identified all the owners of apartments located in your building, you should send them a letter with an offer to purchase real estate from you, indicating the square footage, living conditions and price. Your neighbors have a whole month to make a decision.

If after this period you do not receive a response, this can be regarded as a refusal of the transaction.

Making a deal

Once the above formalities have been completed, you can either search for a buyer or finalize the transaction (if a buyer is found).

Do not forget that all real estate transactions are carried out by employees of the Registration Chamber. It is necessary to collect a certain package of documents in order for the sale to be legalized. It should also be remembered that if the new owner violates the norms of human coexistence, the neighbors will have the right to challenge the deal. It is for this reason that the choice of a buyer should be approached as seriously as possible.

List of documents

So, we have approached the final stage of such a transaction as the sale of a room in a communal apartment. Documents for its completion should be prepared in advance.

Firstly, you will need a passport. Secondly, you must submit a document confirming the fact that no one is registered in the premises being sold. Thirdly, you are required to present copies that you addressed to the owners of apartments located in the neighborhood. In addition, you will need a document from the post office stating that the mailing was completed. Fourthly, you must submit an extract from the BTI and a cadastral plan of the property for the living space.

Deal nuances

The most difficulties arise at the initial stage of a communal apartment, when you must notify your neighbors in writing of your intention to make a transaction. What to do, for example, if Ivan Ivanovich died and his relatives have not yet entered into the inheritance? Waiting for them to show up is not the most suitable solution to the problem. It would be optimal to go to court to recognize the room as ownerless property. During the proceedings, relatives will definitely be found, and the situation will be resolved.

Neighbors are obstructive

As has already been emphasized, situations often arise when neighbors deliberately interfere with the completion of a transaction by ignoring written notice. In any case, the document will be marked “Refusal to Receive,” which will serve as evidence of notification of the transaction.

If your neighbors are deliberately taking their time with an answer, and you don’t have time to wait a whole month, you can do the following: formalize the transaction not as a purchase and sale, but as a donation, not forgetting to receive money from the buyer first. In this case, you can save time.

Remember that selling a room in a communal apartment is a rather troublesome procedure, and you should prepare for it in advance: then it will take less time and effort.

Selling a room in a communal apartment is fraught with difficulties in coordinating this operation with the other residents. What documents are needed to sell a room in a communal apartment, how to formalize the transaction and how to obtain the consent of neighbors? And finally, what are the risks of purchasing such real estate?

Which room can be sold - privatized or municipal?

You cannot sell municipal housing - it is part of the housing stock of the municipality and the state, these are its owners and only they can dispose of this property. If the apartment is privatized, then it is already privately owned, therefore any operations on the ownership, use and disposal of such real estate are allowed.

If some of the residents privatized their shares, and some refused to participate in privatization, then those who refused acquire the right to indefinite lifelong residence in the apartment. But even with this right, you cannot sell your room.

There are only two reasons for selling a room in communal housing, and each of them gives the right to sell the property:

• the privatization agreement in hand;
• extract from the USRN register of registered property rights.

Procedure for selling a room in a communal apartment

In accordance with the Civil Code of Russia in Article 224, things that belong to two or more persons are their common property.

If the shares in the property are not determined, then it is joint property. If the owners have designated parts of each owner, then the property is called shared.

The owner of any property has the right to own, use and dispose of his part.

There are two types of shares:

• Real- have a physical expression, i.e. part of the area in units of measurement. The actual share corresponds to the area of ​​the room.
• Ideal- in percentage or fractional shares. Ideal - it is not projected onto the territory of the premises and does not in any way restrict the movement of the owners.

A room in a communal apartment is a real share in the common property.

The legislation provides for a strict procedure for selling a share in an apartment and carrying out other transactions with it.

Obtaining neighbors' consent

Is it possible to sell a room in an apartment to anyone and is the consent of other owners and residents required for this?

Article 250 of the Civil Code states that the owners of an entire property, when one of them decides to sell his share, have the right of first refusal to purchase a share in the apartment, i.e., they can redeem the share upon notification before offering it to outsiders.

An important requirement is that the price at which the share is offered to other owners should not be higher than the market price offered to external potential buyers. That is, the final sale price indicated in the concluded sales contract should not be less than the price previously offered to other owners.

Before putting the property up for consideration by outside buyers, the owner of a room in a communal apartment is obliged to offer his neighbors to buy out his share. The notification must be in writing with a mandatory designation of the subject of sale, price and other conditions that the owner of the share is going to offer to external buyers if internal ones refuse.

If the seller sells the share to an outsider, violating the terms of Article 250 of the Civil Code (on the right of other residents to buy out the share at the price at which the owner sells the share, and other equivalent conditions), then any of the owners can file a claim within 3 months court to declare the transaction invalid and transfer the rights and obligations of the purchase to oneself.

Who needs to be notified?

1. neighbors who own the rest of the property (tenants under social tenancy agreements or orders and those living under a property pledge agreement are not considered a mortgage);
2. Municipality, to whom the apartment belonged before privatization, if persons live in the apartment under a social tenancy agreement (for example, those who refused the privatization of housing and retained the lifelong right to use the object);
3. State guardianship authorities, if among other owners there are children and partially or completely incompetent citizens.

A sample notification to neighbors is available.

What answer is needed for further action?:

• The consent of one of the neighbors to buy a share;
• Written waiver of the right of first refusal, sample waiver;
• Lack of any response.

The waiting period for a response is 30 days. After the period has passed, it is considered that the pre-emptive right has been respected, since the shareholder has communicated his intention and given the opportunity to the remaining neighbors to increase their shares and not have to deal with strangers in the apartment. Now you can sell the room to any potential buyer.

To comply with Article 250 of the Civil Code of the Russian Federation, it is enough to offer a ransom to one of the neighbors, and if he agrees, there is no need to inform the others.
Consent must be in writing!

But in practice, other owners very often do not buy out the share and violate the rules by not accepting the notice. Is it realistic to sell a share in an apartment with such neighbors?

Is it possible to sell a room without the consent of neighbors and legally?

Legal methods can be used when other owners either do not want to buy the share in question or refuse to buy it, ultimately preventing the transaction.

What methods are available:

• Registration of the purchase and sale of a share in an apartment in the form of a gift - when donating, the consent of other owners is not required. It's important to know the risks:
  • an unreliable buyer may not pay and then the share will go to him for nothing;
  • the transaction can be recognized as valid if other owners find out about the method used and file a lawsuit.
• Registration in the form of compensation - the shareholder borrows money from a potential buyer and enters into a compensation agreement, according to which, instead of money, he pays him by transferring property - his share.
  Here, too, there is a risk of the transaction being declared invalid.
• An alternative format for the sale and purchase of a share in an apartment, or you can give the buyer a small share of your share. The buyer registers ownership and becomes one of the owners of the apartment on an equal basis with others.
  You then sell him the remainder of your share under the right of first refusal. After all, according to the Civil Code, it is enough to offer to buy a share to one of the owners, if he agrees, there is no need to notify the others.
  Risk— the buyer may change his mind about buying the remaining part of your share.

The most reliable ways:

1. Instruct the notary to send notices to other owners.
2. Send telegrams to the owners through the press.
3. Send a registered letter.

If the addressee does not pick up the letter or telegram within the time limit set by the post office (usually 7-8 days), then the envelope or notice is returned to the addressee. Such paper is proof that the notification was sent and a period of 30 days is counted from the date of notification. If the owners have not given a written response within 30 days, the seller has the right to sell the share to any desired person.

It is best to contact a notary for the service of sending notices to co-owners, as he will issue the returned envelopes and messages with notarization - this will be more solid evidence in case of litigation.

Documents for selling a room in a communal apartment

If a buyer is found - a neighbor or a stranger - you need to move on to collecting documents and finalizing the transaction.

List of documents

What documents are needed and how to prepare them for the sale of a share in an apartment:

• Several photocopies of your passport or other document confirming identity;
• Statement of debts to housing and communal services. Each shareholder pays his share of housing and communal services, and the presence of debts or uncertainty in this matter may cause doubts for potential buyers.
  Where to get it - ask the accounting department of the HOA and housing department/housing office.
• Cadastral passport of the apartment— a duplicate of the shareholder, issued when registering the property on the state cadastre.
  If it is lost, you can ask for a duplicate of one of the owners to make a copy or order an extract from Rosreestr about the main characteristics of the apartment with rights. If the apartment is not registered in the state cadastre, you need to submit an application to Rosreestr for registration.
• Technical plan of the facility- a duplicate of the shareholder, issued by technical engineers after drawing up the plan. If the duplicate is lost, ask the other owner for a duplicate to make a copy or order a copy from the BTI;
• Title agreement- a document about how the owner received his share. A duplicate can be purchased from the notary who certified the contract, or from Rosreestr. If the title document is a privatization agreement - in the municipal administration.
• Permission from state guardianship authorities— if the owner is a minor, fully or partially incompetent, you need to apply there for the document.
• Court decision declaring fully or partially incompetent. If it is lost, you can contact the office of the court that issued the document.

Selling a share in kind is easier and more profitable than selling an ideal share.

• Documents from the guardian regarding the establishment of guardianship— minors and those who are fully or partially incompetent cannot sell property on their own, so you must contact the guardianship authorities and the court for papers.
• Extract from the house register, if the buyer is interested in family composition, i.e. the number of registered persons. It is better to prepare, besides, it can be ordered free of charge at the MFC; you need to submit there the original and a copy of the house register.
• Written consent of husband/wife, certified by a notary, if the owner has a spouse, and the share was acquired after marriage. Where to get it - the notary will form it.
• Documents on restrictions and encumbrances, if the property right is encumbered. Example - a share was received as a result of concluding an annuity agreement with lifelong maintenance of a dependent. Where to get it - order an extract from the Unified State Register of Real Estate from Rosreestr.
• Power of attorney from a notary, if the owner cannot be present at the conclusion of the contract, it is necessary to document the right to carry out actions on his behalf.
• Certificate of conclusion, a court ruling imposing a sentence of imprisonment if the owner is in prison (which does not deprive him of the right to dispose of his property).
  Certificate of release, issued in prison if the owner is a former prisoner.
• If names have changed- documents confirming such changes, for example, a certificate of marriage or divorce.
• Notifications about the sale of a share in an apartment, directed to other owners.

Then a contract is drawn up.

Donating real estate is less common than buying and selling, so many recipients are not fully aware of their rights. However, it is practically no different from the usual sale of a real estate property, however, all the details are in our article.
What documents are needed in Rosreestr to sell an apartment. It is advisable to prepare the entire package rather than present papers at the employee’s request, since some certificates have an expiration date.

Sales and purchase agreement: contents, sample

The Civil Code of the Russian Federation contains Article 550, which establishes a mandatory form of purchase and sale of real estate - a written agreement with mandatory essential conditions.

They are:

• Subject of the agreement;
• Transaction price;
• List of residents who have the right to live in the apartment for life (for example, those who refused privatization).

*Subject - name of the object, its address and cadastral number.

The value of the transaction must correspond to market prices, since this factor is checked by the tax authorities in accordance with the provisions of Article 105.14 of the Tax Code of Russia on transactions between related parties.

Features of the agreement:

• Transaction name and number;
• Indication of the place (city, other locality);
• The presence of an introduction - a preamble (presentation of the parties with detailed passport and other personal data);
• Section with essential conditions - subject and price;
• Other conditions:
  • what property goes to the buyer along with the apartment (furniture, etc.),
  • How are residents discharged?
  • recording the condition of the apartment at the time of the transaction,
  • the period for the release of the object by the seller’s side,
  • moment of handing over the keys,
  • how does the transfer of rights occur after the purchase and sale of an apartment,
  • what documents confirm the alienation of property;
• Conclusion;
• Signatures of the parties and date.

The final document is drawn up in 3-4 copies - for the buyer and seller and other persons if guarantors, creditors, government bodies (for example, the Pension Fund) participated in the transaction. You can download a sample of a standard contract for the sale and purchase of a room in a communal apartment.

The concluded agreement is the basis for state registration of the transfer of ownership from one person to another.

What do you need to know when buying a room?

Citizens thinking about buying a room in communal housing should pay attention to the following risks:

• Often the seller offers to conclude a transaction in the form of a deed of gift, but then there will be no document confirming the transfer of the amount of money, and the buyer needs it, and the identification of the transfer of money will make the gift agreement void.
• Be sure to read the extract from the house register in Form 9 and the title documents listing the owners. You need to make sure that all registered neighbors and owners have received notices with a buyout offer and that more than 1 month has passed since then.
• You can also ask the seller for an archival extract from the house register to obtain information about all the residents who have ever lived in the apartment.
• You should order a general extract from the Unified State Register and make sure that no encumbrances or restrictions are imposed on the apartment or room.
• Find out if the seller has a spouse and obtain notarized consent from him/her for the transaction.

When drawing up an agreement, it is better to contact a lawyer or notary.

Anyone who has purchased a share in an apartment must go through the procedure of state registration of the transfer of ownership rights to him from the previous owner. The process of making an entry about a new right in the USRN register takes 5-12 days. Based on the results, an extract on registration of property rights is issued.

The notary explains the features of transactions with communal real estate:

Conclusion

Selling a room in a communal apartment has legal difficulties associated with obtaining a waiver from other neighbors. Often neighbors do not want to buy the room, but they also do not want a stranger to move into the apartment, and they prevent the deal. In order to carry out the sale correctly and without stress, it is best to visit a notary office so that the notary certifies the fact of refusal to purchase the room. Then you can safely sell your share to any desired person.

Our lawyer will advise you free of charge.