Instructions

The transaction can be carried out either independently or by involving real estate specialists (lawyers or realtors). The very presence of many owners in an apartment may seem complicated and confusing, but the sales process itself is no different from the sale of an ordinary apartment, with the exception of the exercise of the pre-emptive right to purchase your room by your apartment neighbors. The very concept of pre-emption is that the owners of other rooms in a communal apartment have the right to be the first to buy your room at the price you set; violation of the pre-emption right can lead to the deal being declared invalid. The process of exercising your neighbors' preemptive rights is not complicated, but it does take some time.

Having decided on the selling price of the room, it is necessary to clarify all the owners and find out the place of residence of each, then it is necessary for each person with a pre-emptive right to send a written notice of the sale of the room and its price, and wait for the reaction of the neighbors within one month. If after a month your neighbors do not have a desire to buy your property, then draw up a written waiver of the pre-emptive right and look for a buyer outside. The refusal must be formalized by a notary, this will avoid problems in the future. If your neighbors interfere with your paperwork, the matter may go to court and drag on for a long time, so it’s better to come to an agreement with your neighbors.

Otherwise, for the transaction you need to prepare the usual package of documents necessary for the sale of an apartment: title and title supporting documents for the property (purchase and sale agreement, donation, documents on privatization or inheritance, certificate of ownership); technical and cadastral passports, a certificate from the passport office about family composition; an extract from the unified state register of rights to real estate confirming the absence of encumbrances and restrictions; notarized consent of the spouse, if the property was acquired during marriage, if minor children are registered in the room, then the consent of the guardianship and trusteeship authorities may be required for the sale of the room.

If one neighbor decides to exercise his pre-emptive right to purchase a room, then you enter into a purchase and sale agreement with him in the general manner. The agreement is concluded in writing and is subject to mandatory state registration. If several neighbors (owners of neighboring rooms) have expressed a desire to buy your room, then you will have to negotiate, because otherwise a trial is inevitable.

Tip 2: What documents are required when selling a dorm room?

The privatization of housing is still ongoing, but only until March 1, 2015, so it is very important to have time to become the owner of the housing in which you live under a social tenancy agreement, even if it is a room in a dormitory. Once it is privatized, you can do whatever you want with it - donate it or sell it.

Instructions

It is impossible to sell a room in a dormitory, which is considered a specialized housing stock, since the law “On the privatization of housing stock in the Russian Federation” stipulates a direct ban on the privatization of such residential premises. But in Article 7 of the Housing Code of the Russian Federation, such privatization is permitted subject to the requirement: the hostel must belong to a municipal or state enterprise and, in addition, it is necessary that it be transferred to the balance sheet of the municipality and thereby recognized as a multi-apartment residential building with communal apartments. Only after this can you conclude a social rental agreement with the owner of such a house - the municipality - on the basis of which the apartment will be privatized and a certificate of ownership will be obtained.

The transfer of hostels to the housing stock of municipalities is carried out on the basis of a resolution of the head of a given municipality. In the event that your hostel is not listed on the balance sheet of the municipality, you should go to court with one of the possible options for the demand: either to force the municipal authorities to enter into a privatization agreement with you, or to recognize your ownership rights in the manner of privatization of the residential premises actually occupied.

Based on a social tenancy agreement or a court decision, you will be able to change the status of the room and receive a Certificate of ownership of residential premises from the territorial bodies of Rosreestr. After this, you have every right to sell it, but now you have to get from your neighbors in the former hostel a waiver of the pre-emptive right to purchase your room. They have this right, since communal rooms are in shared ownership. This procedure is regulated by Article 250 of the Civil Code of the Russian Federation.

When selling a room in a former hostel, the seller will be required to present the following documents when registering the transaction with the Rosreestr authorities:
- certificate of ownership of a room in an apartment building;
- a purchase and sale agreement in simple written form, signed by both parties;
- refusal of neighbors from the pre-emptive right to purchase;
- a payment document confirming payment of the state fee for registering the transaction;
- permission from the guardianship and trusteeship authorities, if minor children permanently live in the room with you;
- consent of the spouse to sell the room, certified by a notary.

note

The purchase and sale agreement does not require notarization.

Selling an ordinary apartment is as easy as shelling pears, but owners of communal rooms have to follow a special procedure for this procedure. IRR.ru will tell you what features there are when selling a communal apartment.

Owners only

Only direct owners of the property can sell rooms. If a resident has been living in a communal apartment for a long time, but has not yet privatized the apartment, then he will not be able to sell the room, since commercial transactions with non-privatized residential real estate are prohibited by law.

Pre-emptive right to purchase

The sale of property in shared ownership is regulated by Art. 250 of the first part of the Civil Code of the Russian Federation. According to its contents, owners of shares in communal apartments have an advantage over other persons when purchasing the share being sold.

In this case, the owners of the remaining shares receive an advantage only in terms of the transaction itself, but not in its provisions. That is, the price and conditions for the purchase and sale of a room are the same for both third parties and other share owners.

Owner notification

The first stage of selling a room in a communal apartment will be identifying a buyer.

To notify the owners and find out about their decision regarding the purchase, you need to send notification letters with the terms of the transaction by mail to their addresses. It is also possible to bring each owner personally to a notary and record the answer.

You can find out who owns the shares of a communal apartment using an extract issued by Rosreestr.

After receiving the letter, other owners of the communal apartment can:

• Report your intention to buy a share. In this case, the seller is obliged to conclude a transaction with the willing owner. If several apartment owners want to buy a room, the seller, at his own discretion, chooses with which of them to carry out the purchase and sale.
• Ignore the offer. If at least one of the owners does not respond to the letter, then the seller of the room is obliged to wait 30 days. After this period, the actions of the ignoring owner are perceived as a refusal to purchase, after which the share can be sold.
• Write a refusal. The owners may refuse to complete the transaction in writing. Moreover, if all owners register a refusal, the seller has the right to begin the search immediately after receiving a negative response from all owners.

Please note that people can live in communal apartments under a social tenancy agreement. In this case, the notification must be sent to the municipality that provided housing to the neighbors.

If you have problems

There are ways to get around the red tape. The first option is to issue a deed of gift to the planned buyer, and receive the money on parole. This is a risky scheme as the new owner may not pay the agreed amount.

The second option is to issue a deed of gift for only a small share of the room, and then sell the rest to the buyer as one of the owners of the communal apartment. This scheme is safer for the seller, since under the purchase and sale agreement the parties have obligations supported by legal documents.

Sale to a third party

After the owners of the communal apartment refuse to buy a share, the sale proceeds in the standard way: they look for a buyer, collect documents and record a purchase and sale agreement.

Required documents:

• Passports of both parties to the transaction;
• Documents confirming the seller's ownership of the room;
• Technical and cadastral documentation;
• Certificates confirming that there are no people registered in the room and that there are no debts on utility bills;
• Documents confirming the exercise of the pre-emptive right of the owners of the communal apartment (refusals certified by a notary and notifications).

It is important to complete the transaction on the same terms as those specified for other owners. The price may be either higher than the original price or the same. If the price turns out to be lower, the apartment owners have the right to file an application in court and declare the transaction unlawful.

One of the most difficult options for real estate transactions is the sale of a room in a communal apartment.

This type of housing has still been preserved, therefore the issues of its alienation are still relevant.

This is due to the fact that owners often want to sell such real estate, but encounter numerous obstacles along the way.

In order for the sale of a room in a communal apartment to take place, documents should be prepared in advance, and the issue should be resolved with the consent of the neighbors.

Before carrying out a transaction, it is necessary to make sure that the property can be easily alienated and that the future seller has the legal right to do so.

This depends on the type of ownership of the property, as it may be:

• Private. In this case, the owner can freely act as the seller, and there should be no obstacles to the sale.
• State (municipal). Often, communal premises are provided to individuals for use on the basis of a social tenancy agreement. This means that these citizens are not the owners, and therefore cannot sell the property.

That is why not every residential premises in a communal apartment can be easily alienated.

If it belongs to the municipality or the state, the tenant living in it can exchange it for a similar one. This is the maximum that can be done if you want to improve or change your living conditions.

How to get neighbors' consent?

To implement the plan, it is necessary to obtain consent from the neighbors. This condition must be met due to the special status of the premises being sold. However, how to do this correctly?

Neighbors have a pre-emptive right to purchase real estate in a communal apartment.

That is why it is necessary to warn everyone who owns neighboring premises about the desire to sell housing.

These persons can purchase the property being sold first. If no one shows a desire to do this, the owner can proceed with the sale procedure to third parties.

So, the sequence of actions when obtaining approval from neighbors should be as follows:

1. Notify each of them in writing of your intention to sell your home. It is better to send such a notification by letter with notification of receipt. It must indicate the price and basic terms of the transaction.
2. Receive an answer about your intention to buy a room. Make a deal with someone who wants it.
3. If there is no such response from anyone, wait 1 month.
4. Sell ​​the living space to a third party.

If there is no response or outright refusal, it is assumed that no one wants to purchase the room. Consequently, the owner has the right to alienate property to other persons.

Here the right to independently and at your own discretion dispose of owned property can already be exercised.

Documents for selling a room

In order to correctly conclude a purchase and sale agreement, it is necessary to prepare a certain package of papers. It will definitely include:

• copies of passports of all participants in the transaction;
• an extract about registered persons in the housing being sold;
• a technical passport from the BTI, if not previously issued, must be ordered in advance; the waiting period for its readiness will be up to 2 weeks;
• real estate cadastral passport;
• permission from the guardianship and trusteeship authorities if a minor is involved in the case;
• notices that were sent to neighbors.

The transfer of rights to an object must be registered in Rosreestr.

That is why it is necessary to submit the specified package of documents there, attaching a signed purchase and sale agreement, an acceptance certificate and a receipt for receipt of money. Without registration, the agreement will not be considered completed.

The result of registration will be the receipt of a certificate indicating the name of the new owner and making an entry in Rosreest about the change of owner.

Making a deal

The procedure begins with notifying the owners of neighboring rooms.

After receiving their refusal or consent to purchase the property, you can proceed to the conclusion of the transaction.

This process occurs in several stages:

1. Drawing up and signing of the contract and all related documents.
2. Direct transfer of money for the purchased object.
3. Registration of the buyer's property rights.
4. Obtaining a certificate from Rosreestr in the name of the new owner.

The parties can draw up an agreement and sign it independently or with the help of a professional lawyer. It is necessary to seek the advice of a professional if the participants are not confident that they can correctly draw up the text of the contract themselves.

After all agreements have been reached, it is necessary to submit a package of papers to Rosreestr. This can be done through the MFC or directly to the registration authority.

After checking all the documents, a certificate will be issued confirming the transfer of ownership to a new person.

Deal nuances

The main difficulty that arises in the process is obtaining the consent of neighbors.

Among the most unfavorable scenarios may be:

• lack of any response to the sale notification;
• refusal to accept the letter;
• the absence of the owner of a nearby premises and the impossibility of determining its location;
• death of the owner and absence of heirs who accepted the inheritance with documents.

In the first case, after 1 month has passed, the problem will resolve itself, since silence implies a refusal to purchase. The situation is more complicated if the person refuses to receive the notification. In such a situation, it is necessary to send a notification letter and obtain a signature refusing to accept the message. This signature will confirm the correctness of the seller's actions.

In the third case, the seller will have to go through the longest and most serious procedure. It is necessary to file a claim in court to declare the person missing. This procedure requires a lot of time, but is mandatory in this case.

If the owner died and the heir did not accept the property or did not formalize it properly, it is necessary to file a lawsuit to declare it escheated.

How to sell a room in a communal apartment? Is it possible sell a room without neighbors consent?

If the owner of a room in a communal apartment wants to sell it, at the first stage he must notify in writing other residents of the apartment (both owners and tenants) of his intention to sell the room, as well as the share in the common property right, indicating the price and other conditions, where he sells it.

The procedure for the sale complies with Art. 250 of the Civil Code of the Russian Federation, which states that the remaining participants in shared ownership have a pre-emptive right to purchase the share being sold at the price for which it is sold.

Within a month, neighbors are obliged to either refuse to purchase or purchase the room being sold. It is advisable to have the signatures of those who refused the purchase certified by a notary. If the apartment has non-privatized rooms, then a refusal to purchase must be obtained from the municipality. After which the seller has the right to sell his room to any other person, but at a price not lower than what was offered to the neighbors.

If the right of pre-emption has been violated, neighbors in the communal apartment have the right to demand the transfer of the rights and obligations of the buyer to them in court within 3 months. The purchase and sale transaction may be declared invalid.

In the event that one of the owners of a share in a given communal apartment agrees to purchase the room being sold, a purchase and sale agreement is concluded between him and the seller, which is subject to mandatory state registration.

On the one hand, everything seems simple and clear, but there are moments that can complicate and delay the sales process. For example, neighbors may show all kinds of opposition when selling a room, stall for time, refuse to give a written waiver of the pre-emptive right to purchase or go to a notary, etc. There are situations when the seller does not know the real place of residence of another or other owners.

If neighbor refuses to sign notice of sale, you can send him a registered letter with notification. In this case, he will be considered notified from the moment he receives the letter or refuses to accept it. If the neighbor’s place of residence is not known, then it is enough to send a registered letter to the location of his property (i.e., for example, to the address of this very communal apartment), since by law he is obliged to receive his correspondence, but now you don’t have to look for him must.

All this makes the sale much more difficult and requires restraint, calm and patience in relations with other owners. But, as they say, patience and work will wear out everything, and we wish you good luck and not lose hope for success.

Comments

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#283 Liudmil 04/22/2016 06:24

I quote Natalia:

"Hello. If the trustee did not know about the death of the principal and made a transaction on his behalf, is it invalid?"

Hello, Natalia!
Since with the death of the principal the power of attorney is terminated by law, a transaction made under an invalid power of attorney is considered invalid, regardless of whether the authorized person knew about the death of the principal or not.

#281 Liudmil 03/20/2016 18:22

I quote Alena:

Hello! I am the owner of 2 rooms in a 3-room apartment. The owner of the 3rd room decided to sell it. Initially, I was verbally offered to purchase a room at a price that did not suit me. Afterwards, I was forced to go abroad, upon arrival I was confronted with the fact that I had been sent a notary notice from a new valuable room and I did not respond to it in the required time frame and they already had a buyer. I never saw the notification, their new price for the room suits me, I offered to buy it for them, but they say it’s too late. How should I deal with this situation?

Hello Alena!
So what if they have a buyer, let them show this notice, if they haven’t sold yet, you can go to court that your rights are being violated, they will impose a ban on the sale until the court, if they sold, again go to court about violation of your rights, and through the court to declare the transaction invalid.

#279 Liudmila 05/18/2015 20:55

I quote Anastasia:

Good morning!

3-room apartment in St. Petersburg, shares in the property are 2/5 for my sister, 3/5 for me.
certificate of ownership available
there is a court decision to determine the right of use - I have been allocated 2 rooms
Question: can I sell these rooms and will the buyer of the rooms need to re-register the right of use through the court (since the existing right to use 2 rooms is valid only for me)?
Any recommendations for a deal? - exchange, etc.

Thank you in advance
Anastasia

Hello, Anastasia!
You can only sell what you own - 3/5 of the share; you cannot sell the right to use. The right of use is an agreement between the co-owners - the court decision is valid only for you and your sister, the new owners can change the previous agreements, if they cannot agree, they will have to go to court again.
To give any recommendations, you need to dive deeper into the situation. Contact a realtor, he will help you navigate through the pitfalls.

#277 Liudmila 03/05/2015 20:12

I quote Evgeniy:

Hello again Lyudmila.
The need for information disappeared (I got a copy from the court archives for a similar case).
And bypassing Article 250 of the Civil Code, I still recommend carrying out a gift transaction; no consent is required.

Interesting, where are you from? What in your registry office do not demand the refusals of neighbors, then ransom. In Moscow, not a single deal goes through without this. But I would not recommend calling for breaking the law.

#274 Liudmila 03/04/2015 20:29

I quote Evgeniy:

Good afternoon Lyudmila! I would like to clarify the situation: four-room apartment, all rooms are privatized, the owner of rooms No. 1, 2 is Petrov, room No. 3 is Sidorov, room No. 4 is Ivanov. Ivanov intends to sell his room. Question: Should Ivanov send letters to Petrov and Sidorov about the upcoming sale? According to Article 250 of the Civil Code, the pre-emptive right to purchase applies to the sale of property that is in shared ownership; if the rooms are privatized and allocated as a separate object, then the property is no longer shared. After all, when selling an apartment in an apartment building, the consent of the owners of other apartments is not required. Simply based on the meaning of some of your comments, it turns out that when selling a room in a communal apartment owned by right of ownership (not shared ownership), it is necessary to notify other owners, what is this conclusion based on?

Hello, Evgeniy!
This is not my conclusion, this is practice. Read on other portals. You will see the same thing. Try to find a buyer for the room and submit documents for registration; the registry office will not even accept them without refusal.
In a communal apartment there are common areas that belong to all owners of the apartment; previously, the DCP indicated not only the area of ​​the room being sold, but also the seller’s share of the common areas, which was calculated in proportion to the area of ​​the room. In recent years this has not been indicated, but common areas remain.
That is why the law applies to owners of rooms in a communal apartment.

#272 Liudmila 01/23/2015 20:29

Hello Liudmila. I have already received useful advice from you (question No. 258) on the issue of selling a room in a communal apartment due to sabotage by a neighbor. The question was continued - my neighbor agreed to purchase my room (after notifying the notary), I informed the previous buyers that plans had changed. And immediately after this, the neighbor again stated that she had changed her mind about buying at the stated price, and offered again a 30% lower price. How can I stop this carousel? Thanks in advance, Tatyana.

Tatyana, hire a specialist and get rid of this carousel. There are subtleties to this, some of them depend on where, in what city YOU live. This may be handled differently in different cities. I can only say one thing: she has a period for redemption of one month from the date of receipt of the notification; if she did not reach a deal within a month at the price that was offered to her, you have the right to sell the room at a price not lower than that offered to a third party. But how to organize this correctly so that she doesn’t have any complaints later, these are the nuances that are resolved in different regions in their own way.