Selling a room in a shared communal apartment is one of the most complex legal transactions with real estate.

Firstly, the owner of the room must be the owner of the alienated property, since the room can only be sold in a privatized communal apartment. Non-privatized housing is the property of the municipality, and it cannot be sold, since commercial transactions with non-privatized residential real estate, including rooms in a communal apartment, are prohibited by law.

Secondly, the neighbor who owns the room must take into account that the other neighbors of the communal apartment, by law, have a pre-emptive right to purchase the alienated room. To ensure the implementation of this legal requirement and avoid possible adverse consequences in the future, the seller must strictly follow a specific procedure for obtaining the consent of neighbors to sell his room.

Thirdly, the sale of a share in a communal apartment has many legal nuances and legal difficulties, so you need to very carefully study the entire procedure for selling such property, and, if possible, use the help of a qualified specialist who has conducted similar transactions with a room in a shared communal apartment.

Stages of selling a room in a communal apartment

To sell a room that is part of a communal apartment, the owner needs:

1. Determine the terms of sale, including price;
2. Draw up (preferably notarized) a notice of the terms of sale, which indicates the assigned price, and send it to all owners of rooms in a shared communal apartment;
3. Collect the package of documents required for the sale of residential real estate;
4. If the room belongs to several owners, you need to obtain permission from them to sell the common room, certified by a notary;
5. Discharge all residents from the room and obtain the appropriate discharge certificate from the passport office;
6. Decorate the rooms and make a deal.

How to get neighbors' consent

In most cases, the problem when selling one of the rooms in a shared communal apartment is precisely to ensure the neighbors' preemptive right to sell their home, since many neighbors deliberately delay the sale process.

It is immediately worth noting that the consent of neighbors in a communal apartment to the sale of one of the rooms is not at all necessary. The seller only needs to have evidence that he has complied with the law and first of all offered his neighbors to buy his room. To do this, the seller must notify in writing of the intention to sell the room:

• neighbors who are the owners of other privatized rooms in a common communal apartment;
• the district administration or the authorized Housing Committee - if one of the neighboring owners lives in a communal apartment under a social tenancy agreement (in this case, the owner from a legal point of view is considered a municipal entity);
• department of guardianship and trusteeship of the district - if the owner of one or more rooms in a common communal apartment is a disabled person or a minor citizen.

Notifying neighbors of the intention to sell a room, indicating the assigned price and terms of sale, can be done in two ways:

• independently draw up a notice in writing and send it to your neighbors in the communal apartment by registered mail with notification;
• use the help of a notary to draw up the relevant notice.

The seller may, in his notice, contact the neighboring owners of the communal apartment with a request in writing to refuse to purchase the relevant room. If such a refusal is received, it must be formalized either by the registration authority or certified by a notary. In this case, the seller may no longer comply with the one-month period established by law for neighbors to express their desire to buy the room offered to him.

If the neighbors do not respond within 30 days, that is, the period established by law, from the date of receipt of the notice, this is equivalent to a refusal. From now on, the owner of the room can sell his property without the consent of his neighbors.

If one of the neighbors has expressed a desire to purchase a room, the seller does not have the right to sell his housing in a communal apartment to an outsider. In this case, it is necessary to conclude a purchase and sale agreement with the neighbor.

A situation is possible when several neighbors who own rooms in a common communal apartment give their consent to the acquisition of the alienated room. In this case, the question of who to sell the room to must be decided at the request of the seller, since the right of first refusal applies only if there is an intention to sell the room, which is part of a communal apartment, to an outsider.

Neighboring owners have a preemptive right only to purchase an apartment; they have no other prerogatives (regarding the price or terms of purchase). This means that neighbors can buy a room that is part of a communal apartment only for the price set by the seller.

However, the owner of the alienated room needs to take into account an important legal nuance: he can sell his share (room) to an outsider only at the price indicated in the notice, or at a higher price. If the apartment is sold at a lower price, neighbors may further challenge the legality of the transaction.

In this case, the buyer of the corresponding room also needs to be careful. The contract must indicate the actual transaction price. Many sellers, wanting to avoid taxes, offer to indicate a reduced price for the property in the contract. By agreeing to such conditions, the buyer of the room exposes himself to significant risk, since the transaction may be contested at the request of the neighbors (if the price in the purchase and sale agreement is lower than in the notice).

Documents for the sale of a room that is part of a communal apartment

To register the sale of a room, the owner needs to collect the following documents:

• passports of all citizens participating in the relevant purchase and sale transaction;
• certificate of discharge of residents from a room in a communal apartment;
• a notice of intention to sell a room with the terms of sale and the price of the room indicated therein, sent by registered mail to other owners of rooms in a shared communal apartment (this is necessary if the buyer is an outsider and not one of the neighbors);
• contract of sale;
• an extract from the BTI with an explanation;
• cadastral plan of the alienated residential premises;
• act of acceptance - transfer of the room;
• title documentation for the room;
• notarized permission to make a sale from other owners of the room;
• permission from the guardianship authorities if one of the owners of the room being sold is a minor.

If the neighbors prevent the sale of the room

The situation is more complicated if the neighbors deliberately prevent the sale of the room or there are other objective reasons when sending a notice is problematic (for example, the neighbors do not live in this communal apartment and it is impossible to find them).

Neighboring owners who for some reason do not want one of the rooms to be sold to an outsider may deliberately avoid receiving written notice of the sale of the room. Accordingly, in the absence of a mark on receipt of this document, the seller cannot exercise his right to sell real estate.

The best way to resolve such an issue is to try (through a notary, courier service or other means) to deliver the written notice. If this is not possible, you can draw up a gift agreement instead of a purchase and sale agreement.

Within this scheme, the seller of the room can do the following:

• receive money from the buyer, but draw up not a purchase and sale agreement, but a gift agreement;
• draw up a gift agreement for only a small part of your share in the name of a potential buyer, and then offer him, as your neighbor in a communal apartment, who has become the full owner of the share, to buy the entire room.

Using these schemes, it is worth considering that such a transaction at the request of neighbors can be recognized as void, although in this case it will be very difficult for neighbors to prove the sham of the transaction. However, if possible, try to use a legal mechanism for selling a room in a shared communal apartment.

Comments (157)

Elena | 2018/01/10

Hello, I was told that you can sell a room in a three-room apartment like this: a donation agreement is drawn up for 1/100 of the share, and then a purchase and sale agreement for the remaining share. Which of these agreements must be certified by a notary and is it profitable, is it legal? Room on my husband and I in common joint property?

admin | 2018/01/17

Hello, Elena! Since the apartment is your joint property and your marriage has not been dissolved, to sell the share you will need a notarized consent of your spouse to sell the share. The method you indicated for selling a share in an apartment does not fully comply with current legislation. In accordance with the latest changes in the law “On registration of rights to real estate and transactions with it”, all transactions for the sale of shares in an apartment are subject to mandatory notarization

Tatiana | 2018/05/16

Hello, please tell me how can I find out that the tenants have decided to sell the apartment at a price lower than that indicated in the notice?

admin | 2018/05/24

Hello Tatiana! You can submit a corresponding application to Rosreestr as an interested party who has a pre-emptive right to purchase, since it is to Rosreestr that the purchase and sale agreement is submitted indicating the contract price.

Svetlana | 2018/07/24

Good afternoon Tell me, which law states that the other neighbors of a communal apartment, by law, have a preemptive right to purchase the alienated room?

admin | 2018/08/01

Hello Svetlana! The rule on the pre-emptive right to purchase is contained in the Civil Code of the Russian Federation, namely in Article 250: “When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the sold share at the price for which it is sold, and on other equal conditions , except in the case of sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.”

Evgenia | 2018/09/06

Hello! Do I understand correctly that the seller of the room must have official (“paper”) proof of notification of the neighbors about the sale, as well as an official refusal from the neighbors (if relations with the neighbors are normal)? Or is only a notarized refusal sufficient?

admin | 2018/09/21

Hello Evgenia! The provisions of the Civil Code on the exercise of the pre-emptive right to purchase a share do not contain a condition on the mandatory provision of a refusal, but only on the presence of confirmation of notification of other owners about the sale. Thus, in order to register a purchase and sale transaction in Rosreestr, you must have notarized notices of sale, that is, proof of notification of the owners about the sale on paper.

admin | 2018/10/01

Hello Galina! Yes, the legislation of the Russian Federation in this matter does not limit the rights of the owner in any way. In addition, the donation is a gratuitous transaction and does not require the consent of other participants in shared ownership.

Margarita | 2018/11/30

Hello, I want to buy a room in a communal apartment for cash. I buy through an agency. After some time, the realtor called and said that I had to pay for the letters that were sent to the owners. Should I pay for this? And they offered me an advance agreement, what is it?

admin | 2018/12/09

Hello Margarita! Yes, according to the amendments made to the legislation, namely Articles 24 and 30 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, all transactions for the purchase and sale of shared ownership are subject to mandatory notarized certification. In your case, you, as a buyer, were offered to bear the seller’s expenses for preparing notarized notices of the sale of the apartment (shares) by the sellers. The bearing of these expenses by one of the parties is established by agreement. You have the right to refuse to bear such expenses, as well as to refuse to make an advance payment under the purchase and sale agreement, and contact any other agency to support real estate transactions.

Albina | 2018/12/08

Hello! My neighbors sent me a notice of their intention to sell their room for a certain price. I agreed. Now they say they got the price wrong. That there are still utility debts, and they also need to be paid. If you don’t want it, then a third-party buyer is ready to buy. Or pay more. We will send you a new notice. Are they right? What to do in this case?

admin | 2018/12/20

Hello Albina! Yes, unfortunately, your neighbors have the right to send you a new notice setting a new sales price for a share in the ownership of the residential premises, since their actions do not violate the provisions of Art. 250 of the Civil Code of the Russian Federation on compliance with your pre-emptive right to purchase.

inga | 2018/12/18

Good afternoon, if I understand correctly, I need to send a notification to my flatmates by mail. If they did not receive it and did not respond, then having received a notification in the mail, can I present it during the transaction as confirmation of their refusal?

admin | 2018/12/28

Hello Inga! If your apartment is in shared ownership, then taking into account changes in legislation dated July 2, 2016 (namely, amendments to Articles 24 and 30 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with him") you will need to send notices to your neighbors about the sale of the share through a notary, since at the moment all transactions with the alienation of shares in ownership are subject to mandatory notarization (including notification of persons having the pre-emptive right to purchase).

Ilona | 2018/12/20

Good afternoon.
Notarize the refusal when selling a SHARE!! and if I sell a dedicated room with a separate personal account, is a written notification and the refusal of the neighbors by registered mail sufficient?

admin | 2018/12/28

Hello Ilona! If your room in a communal apartment is an independent living space and is not an object of shared ownership, in your case there is no need to send notarized notices; to comply with the pre-emptive right of purchase of your neighbors in accordance with Article 42 of the Housing Code of the Russian Federation, Article 250 of the Civil Code of the Russian Federation, a written offer to purchase will be sufficient and written refusal of neighbors or lack of response within 30 days from the date of receipt of the notification.

Irina | 2019/01/02

Hello, my daughter and I own a room in a communal apartment with 1/2 share.
If the neighbors of other rooms have minor children who also have a share in the property, should notification letters be sent to each person who has a share in the property, or one to each room in the communal apartment? And is it necessary to then have notifications certified by a natary? Thanks in advance.

admin | 2019/01/18

Hello Irina! If the owner of the room is a minor child, then the notice of sale is sent to the child’s legal representative (parent) indicating the owner of the property (child). In connection with the latest changes in Law No. 122-FZ “On state registration of rights to real estate and transactions with it,” all notifications about the sale of shares in a communal apartment are sent strictly through a notary. Thus, you need to contact any notary in your region of residence.

Larisa | 2019/01/27

Hello! My father lives in a two-room apartment. communal apartment. The owner of the second room died ten years ago, no one is registered in the room, but the grandson of the former owner lives. We want to sell our room. Should we ask our neighbor's consent before selling? The rooms are privatized. Thank you.

admin | 2019/02/05

Hello Larisa! If, after the death of your neighbor, one of her relatives entered into inheritance rights, and the property was not recognized as escheat, you need to contact a notary to send notices of the sale of your shares in the ownership of real estate in order to comply with the neighbors' preemptive right of purchase in accordance from Art. 250 of the Civil Code of the Russian Federation.

Tatiana | 2019/02/15

Good afternoon. Please clarify the difference between shares in common communal property when the norms of 122-FZ are applied (notification is sent through a notary) and when the room is an independent living space, not being an object of shared ownership, when it is enough to send an offer to purchase. To which of the cases does the following example apply: in shared ownership, my husband and I have a room of 20 meters (in form 7/9 it appears as a separate object - in the section Characteristics of occupied rooms), in the documents of each there appears a share of 10/35, i.e. footage of each, but in terms of the total living area?
And are the documents listed above required if the room (my husband’s and my shares) is sold to one of the owners of the other shares?
Thank you!

admin | 2019/02/26

Hello Tatiana! If the room, according to documents, is an independent living space, and you are not a participant in shared ownership, then the provisions of Art. 250 of the Civil Code of the Russian Federation on the exercise of the pre-emptive right to purchase. In your case, you and your husband are participants in shared ownership, so you need to send notarized notifications about the sale of your room to your neighbors through a notary.

Irina | 2019/03/08

Good afternoon.
Please tell me - I want to sell a privatized room with shared accommodation under a gift agreement. What is the minimum price for a room that I can indicate so that the buyer (donee) pays less tax? The cadastral value of the room is 456,000 rubles. Thank you in advance.

admin | 2019/03/20

Hello Irina! The provisions of the Tax Code of the Russian Federation on tax exemption when selling an apartment worth less than 1 million rubles do not apply to transactions formalized through the conclusion of a real estate donation agreement. In accordance with current legislation, any donee who is not a close relative of the donor is required to pay a tax in the amount of 13% of the value of the donated property. Thus, for your recipients, the tax amount will be calculated from the value of the donated property (in your case, the cadastral value of the room).

Svetlana | 2019/03/17

Good afternoon I was registered with my son in a municipal room in a communal apartment, got married in 2012, and in 2013 I privatized a room for two with my son. The husband had nothing to do with this room, now we want to sell the room, do we need the husband’s consent?

admin | 2019/04/01

Hello Svetlana! In accordance with Art. 36 of the Family Code of the Russian Federation, property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse), is his property. Thus, the consent of the spouse for the sale of the room is not required.

Elena | 2019/03/31

Hello. We want to sell a room in a two-room apartment; our neighbor lives in another region and has not responded to letters for many years. What is our solution? Draw up a notice through a notary and wait 1 month?

admin | 2019/04/10

Hello, Elena! In connection with amendments to Articles 24 and 30 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, in order to sell a share in the apartment you need to send a notice of sale of the share to your neighbor through a notary at address known to you. If the notice is returned after a month, you can freely sell your share to a third party and register such a transaction with Rosreestr, since the neighbor’s preemptive right to purchase a share in this case will not be violated.

Irina | 2019/04/03

Good afternoon. I cannot independently determine the difference between shares in common communal property. When is it necessary to notify only through a notary, and when is mailing sufficient? Three-room communal apartment, two families live. One family has 1 room in shared ownership for 3 people, 1/3 each, and one of them is a child 14-15 years old. The second family owns 2 rooms, 1/2 in each room. Judging by the extract from the Unified State Register of Real Estate, the extract is made separately for each room and each room has its own cadastral number. If the owners of 2 rooms want to sell their rooms, how should they properly notify their neighbors, through a notary or is a letter with an inventory and notification sufficient? Thank you in advance for your response.

admin | 2019/04/21

Hello Irina! The provisions of Article 250 of the Civil Code of the Russian Federation on the pre-emptive right to purchase and the need to send notifications through a notary apply only when selling a share to an outsider. If the sale of a share is carried out to a participant in shared ownership (neighbor), notifications are not sent to other owners. If the owners want to sell their share to an outsider, then you will need to send notifications through a notary to each owner, namely: notifications are sent not to the residential premises (room), but to the name of its owner. If the owner is a minor, then the notice may be sent to his legal representative.

Olga | 2019/04/05

Hello!
Please tell me: we are selling a room in a communal apartment. Several rooms are owned by the state, that is, they have not been privatized. Do these rooms need to be waived? And if so, who to get them from?
Thank you.

admin | 2019/04/21

Hello Olga! In this case, you need to send one notarized notice to the owner. If the rooms in a communal apartment belong to a municipality, you can contact the Housing and Communal Services Department of the administration in the city of your residence and notifications will also be addressed to the Housing and Communal Services Department of the administration.

Irina | 2019/04/16

Hello! A situation arose in which the neighbors sold the room without my consent. Where should I start to cancel the transaction and purchase on my part? Thank you in advance!

admin | 2019/04/29

Hello Irina! In accordance with Art. 168 of the Civil Code of the Russian Federation, you can invalidate this transaction on the basis of a violation of your pre-emptive right to purchase. Recognition of transactions as invalid is possible only in court. Thus, you need to contact the district court with the appropriate statement of claim and documents. This category of litigation is quite complex, so you should contact a lawyer or attorney to receive qualified legal assistance in court.

Olga | 2019/04/23

Thank you! I found information that in St. Petersburg there seems to be no need to receive refusals if the room is owned by the state, there seems to be some kind of law in St. Petersburg, tell me, is this true? I could not find any specific information with reference to this law.

admin | 2019/05/08

Hello Olga! In accordance with the order of the City Property Management Committee of the Administration of St. Petersburg dated April 16, 1999 N 595-r (as amended on March 23, 2001) “On the waiver of the pre-emptive right to purchase a share in the right of common ownership,” the List of real estate objects in the housing sector was approved , which are in common shared ownership, one of the participants of which is the Russian Federation or St. Petersburg, the alienation of shares in which for compensation requires the consent of the Committee for the Management of City Property of St. Petersburg. Thus, if your residential address is not on the List, you do not need to notify the administration of St. Petersburg about the sale of your share.

Lyudmila | 2019/04/26

Hello. In 2016 I wanted to sell my room. I sent other owners notifications, notarized, and personal refusals from the notary of the pre-emptive right to purchase. At the moment the room is not sold, please tell me whether it is necessary to re-collect refusals from neighbors and send new notifications?

admin | 2019/05/08

Hello Lyudmila! Article 250 of the Civil Code of the Russian Federation on the pre-emptive right to purchase, as well as other regulations, do not establish any specific validity period for the notice of sale. The notice you send will be considered valid unless the terms of the transaction specified in the notice have changed. Thus, if the terms of the transaction do not change on your part, then new notifications do not need to be sent.

nina | 2019/05/11

Hello, we have room numbered in a communal three-room apartment, and the other two rooms are shared, please tell us how to sell us the room.

admin | 2019/05/23

Hello Nina! In accordance with Art. 250 of the Civil Code of the Russian Federation on the pre-emptive right to purchase in the event of the sale of shares in ownership to an outsider, you need to send notices of the sale to the remaining owners. If the shares are sold to one of your neighbors, there will be no need to send notices.

Katerina | 2019/05/28

Thank you very much for the consultation, Igor Viktorovich!!! I received a complete, detailed answer to my situation.

Vyacheslav | 2019/05/31

Good afternoon We are selling a room in a communal apartment, the rooms are independent real estate objects, and not shared ownership. Notifications about the upcoming sale of the room were sent in simple written form via registered letters with notifications. Some neighbors do not receive letters. Will we be able to complete a purchase and sale transaction with third-party buyers after the letter is kept at the post office and our neighbors do not receive it?

admin | 2019/06/10

Hello Vyacheslav! Article 250 of the Civil Code of the Russian Federation on the pre-emptive right to purchase obliges the seller to notify persons having such right and maintain a period of 30 days from the date of notification to such persons. Thus, after the expiration of this period and the return of the letters, you will be able to easily register the transfer of ownership in Rosreestr. This situation occurs quite often in practice and does not cause any problems for sellers and buyers of real estate.

Hope | 2019/06/10

If I want to sell a room to the owners who live in the same apartment, do I need proof of purchase from them certified by a lawyer?

admin | 2019/06/19

Hello Nadezhda! Article 250 of the Civil Code of the Russian Federation obliges the owner to notify neighbors when selling a share only in the case of a sale to an outsider who is not included in the circle of other participants in shared ownership. Thus, if you sell a room to one of your neighbors, there is no need to notify the others of the sale.

Aigul | 2019/06/13

A neighbor sold a room in a communal apartment. Everyone's rooms were privatized. Neighbors were called to the notary to sign. My mother (the owner) also signed. But she has poor eyesight and hearing. When I signed, other people were sitting in the notary’s room. And a drunk moved in. For 3 months I created hell in a communal apartment. Can owners revoke their signatures? After all, they did not see the true owner, and the neighbor did not send letters with the right of redemption to the other neighbors. Everything was done by a smart realtor.

admin | 2019/06/28

Hello Aigul! If you believe that the right of pre-emption under Art. 250 of the Civil Code of the Russian Federation, from one of the neighbors, then you can go to court with a claim to declare the transaction invalid. If the neighbors signed the notifications directly at the notary’s appointment, then in this case sending notifications in writing is not necessary, since the obligation to notify the neighbors has been fulfilled. Unfortunately, the law does not provide for mandatory informing neighbors about the identity of the future owner of one of the rooms in a communal apartment. In any case, you should check the legality of the transaction.

Olga | 2019/07/11

Good afternoon I am selling a room in a communal apartment (shared ownership). Do I understand correctly that in order to receive refusals under Article 250, I need to go to a notary and draw up notifications with him, what would he send? or by registered mail with notification and inventory? The apartment has 8 rooms, but not all of them are owned; there are also those that are municipally rented; who should we notify in this case? My situation is complicated by the fact that I live in one city and am selling a room in another.

admin | 2019/07/27

Hello Olga! Article 250 of the Civil Code of the Russian Federation obliges, when selling a share to an outsider, not to obtain a refusal or consent from neighbors, but to notify them of the sale in writing with an offer to buy the share on the stated terms. Currently, in connection with amendments to Law No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It,” notification of all participants in shared ownership occurs only through a notary. In addition, you can contact a notary at the location of your actual location, and not at the location of the real estate.

Olga | 2019/07/16

Hello! We are selling a room in a communal apartment that we inherited. Notifications of intent to sell were sent to neighbors by registered mail almost a year ago. Tell me the validity period of notifications.

admin | 2019/07/27

Hello Olga! Article 250 of the Civil Code of the Russian Federation on compliance with the pre-emptive right of purchase of participants in shared ownership sets a one-month period for neighbors to make a decision to purchase or refuse to purchase a share. The law does not establish any additional validity periods for previously sent notifications, so if the terms of sale you previously stated in notifications have not changed, then you do not have to send new notifications.

Ivan | 2019/07/29

Hello! A room in a communal apartment has been sold; the rooms are independent real estate objects, and not shared ownership. The neighbors do not receive notarized notifications about the upcoming sale of the room. After the expiration of the month, they are sent back to the notary. Then the notary sent a telegram, which the neighbors did not receive. A notary certificate was drawn up stating that the procedure for notifying neighbors was carried out. The registration transaction has been completed. After registration, the neighbors claim that they were not notified about the sale of the room and want to sue. Can the neighbors somehow prove that the notification procedure was not followed and the transaction will be declared invalid?

admin | 2019/08/22

Hello Ivan! In accordance with Art. 165.1 of the Civil Code of the Russian Federation on legally significant messages, a message is considered delivered even in cases where it was received by the person to whom it was sent (the addressee), but due to circumstances depending on him, was not delivered to him or the addressee did not familiarize himself with it. Thus, if the neighbors cannot prove that they did not receive notifications due to circumstances beyond their control (long-term illness, moving to another place of residence with a change of registration, etc.), the sale and purchase transaction will not be canceled by the court.

Alena | 2019/09/18

Good evening! Please tell me in our situation: we want to sell a room in a 3-room communal apartment. Since the room is in our property, notifications were sent to other owners through a notary. The notices were returned after the expiration of the storage period and, accordingly, were not delivered to the addressees. We have a buyer, but he wants to buy using a mortgage program. What are our next steps if we are unable to obtain written refusals from all owners of the communal apartment? Thank you in advance

admin | 2019/09/30

Hello Alena! Within the meaning of Article 250 of the Civil Code of the Russian Federation on the observance of the pre-emptive right to purchase from other persons, the seller is obliged to send appropriate notice of the sale of the share, however, the provision of the article does not imply the direct receipt of a written refusal. Furthermore, in accordance with Art. 165.1 of the Civil Code of the Russian Federation, a legally significant message is considered delivered even in cases where it was received by the person to whom it was sent (the addressee), but due to circumstances depending on him, was not delivered to him or the addressee did not familiarize himself with it. For example, a message is considered delivered if the addressee avoided receiving the correspondence at the post office, and it was returned to the notary after the expiration of the storage period. That is, the risk of non-receipt of received correspondence is borne by the addressee. Similar explanations are contained in the Methodological Recommendations for Notaries, approved by the Federal Notary Chamber (letter No. 1033/03-16-3). This way, you will be able to easily register the transfer of ownership of the residential premises and carry out the transaction.

Evgeniy | 2019/10/03

Hello. When preparing documents for a 6-room communal apartment with a new owner since May of this year, her national refusal was taken earlier (purchased with financial capital), 2 more minor owners arose who were not registered in this apartment. After collecting documents from the guardianship authorities, they also demanded a waiver from her ex-husband, who had been divorced since February. He somehow lives in another city from another. Somehow they found him by phone, but he refuses to grant a waiver and buy a room. How then can you sell your share?

People resort to buying housing in a hostel only in extreme cases. Some urgently need their own living space, but do not have the money to buy an apartment, others do this because they are moving to another city for work, and others have just started a family and want to get out from under their parents’ wing as soon as possible. There may be other reasons, but regardless of them, it is important to know how to properly purchase a dorm room. Let's look at this issue in more detail and find out what pitfalls should be taken into account.

Basic subtleties

Buying a room in a dorm (the pitfalls can be very different) is a very serious decision that can cause a lot of problems for legally unsavvy people. To be on the safe side, it is recommended that before concluding a contract, ask the seller to provide a certificate in form 7 and 9. The latter document provides information about all the people registered in the property. If at least one of the residents does not agree with the sale, then it will become impossible to officially conclude the transaction 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 Khrushchev buildings, as a rule, living conditions are poor, so you will have to spend additional money on improvement. Therefore, before purchasing hostel housing, carefully carry out a technical inspection of the property and make sure that all the necessary documentation is available.

Room or apartment: which is better?

Let's look at this in more detail. It is not worth saving on the purchase of housing, since this can subsequently result in very large costs. 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 market average.

You should never trust sellers because they will not provide information that corresponds to reality, especially if they urgently need money. As practice shows, buying an apartment in a hostel often ends in resettlement in worse options. Therefore, you need to carefully weigh everything, study the current state of affairs on the secondary market and carefully carry out calculations for your future acquisition.

As for the choice - 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, you will have to put up with your neighbors, not all of whom are peace-loving people. And financial feasibility is not one of the best. The cost per square meter of a room is higher than in an apartment.

Legal aspects

So what do you need to know about this? If you decide that buying a dorm room is the ideal option for you, then you need to study all the ins and outs of this process. It is worth noting 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 problems, the solution of which requires the help of qualified specialists with experience in the issues that interest you.

If the property is not privatized, then its owner does not play a significant role in concluding a purchase/sale agreement. But it’s a completely different matter if the owner is the first person who has the right to make any transactions with the residential space. But here it is critically important that the application to refuse it is drawn up correctly.

What role do neighbors play?

This aspect deserves special attention. Buying a room in a dorm (professional advice will be given at the end of the article) is a complex process from the legal side, since various problems may arise when trying to get a refusal from neighbors. In addition to the relevant statements, you will need to take documents from the guardianship authorities if persons under the age of majority are registered in the home.

This is where the Child Protection Act comes into force. Parents cannot simply buy square meters. In the future, such a deal could lead to very big problems. Firstly, the buyer will have to spend extra money, and secondly, the transaction may be completely canceled. To avoid this, it is necessary to notify all residents in advance of the intention to sell the property and the estimated cost. According to current legislation, shareholders will have 30 calendar days to make a decision. If they do not agree or are unable to buy out the share, then the legal owner will be able to carry out any housing transactions without any problems.

Documentation options

Sometimes you can find advertisements for the sale of two properties that are located in the same building next door. Their total area is comparable to a full-fledged apartment, so buying a dorm room is very profitable. When concluding a transaction, the documents must be studied very carefully, since if they are privatized, alternate acquisition and division of shares will be impossible.

So, what is needed to complete a transaction:

• documents for the room confirming ownership;
• if the residential premises have been privatized, then a technical passport and a certificate of privatization are also required;
• passport and code of the owner, as well as everyone registered in the room;
• certificate of the owner’s family composition;
• if there are children who are under 18 years of age, then it is still necessary to obtain permission from the guardianship and trusteeship authority for alienation;
• report on the assessment examination.

It is important to find out how the property was privatized: through an amicable transaction or through the court. In the latter case, the claim is valid for 3 years, after which the owner of the property may lose his property rights. As a result, the contract will be considered invalid and the buyer may lose his money.

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

As a rule, financial institutions put forward the following requirements:

• the borrower must be at least 20 years old;
• loans are not issued to persons over 75 years of age;
• official employment;
• there must be a guarantor;
• If you have a negative credit history, you may not be able to get a loan.

Possible loopholes

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

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

Therefore, the best option is a peaceful settlement of the issue when all parties 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 of legal issues can play a cruel joke when purchasing real estate. This is especially true in cases where a room or apartment was previously privatized, but then, due to changes in legislation, the procedure must be repeated. In this case, it will not be possible to resettle the residents, and therefore, the purchase/sale agreement cannot be concluded. In this situation, the stagnant process may drag on for many months, or even years, and the terms of redemption will be less favorable. Therefore, the best option is to come to an agreement with your neighbors.

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

Is there any way to sell a room without notifying the co-owners?

Since it is not always possible to notify co-owners (for example, they live far away or their whereabouts are unknown), the practice of selling a room through a donation has developed: first, a donation agreement for part of the room is drawn up, after which the owner sells the room in full to a previously gifted citizen, having received his consent and without worrying about receiving refusal from other owners.

This method of “bypassing the law” is quite risky - neighboring co-owners can go to court to have the donation transaction recognized as a sham, that is, carried out in order to cover up another transaction - a sale. If the court recognizes the gift agreement as fictitious, the transaction on the basis of Articles 166, 167 and 170 of the Civil Code of the Russian Federation will be considered void, which may lead to the recognition of the purchase and sale agreement as invalid.

The material was prepared with the help of lawyer from the Delovoy Farvater bureau Marina Emelyantseva, lawyer from Borodin and Partners Olesya Spiricheva, lawyer from the law bureau Leontyev and Partners Tamaz Mstoyan, managing partner of the bar association Starinsky, Korchago and Partners Vladimir Starinsky.

What documents are needed to sell a room?

In order to sell his room, the seller needs to collect documents confirming ownership of the room being sold, a technical passport of the property, a certificate from the management organization about the absence of debt on utility bills, evidence of notification of the owners of other rooms in the communal apartment about the intention to sell the room.

Is it possible to contact the MFC yourself?

The notary gives the certified contract to the buyer and seller, who have the right to submit documents for registration of ownership rights at the MFC. If you do this through a notary, then you need to be prepared to pay approximately 5 thousand rubles, not counting the fee.

Is it necessary to go to a notary when making a transaction?

Another important nuance is that in connection with new changes to the legislation, which are designed to reduce cases of fraud in the market when selling shares, now all transactions for the sale of such areas go through a notary.

By the way, notice to other owners can be sent through a notary. If within a certain period the notary does not receive any responses from the owners of other rooms, a purchase and sale agreement is concluded with an “outsider” person (not another owner), certified and submitted for registration. The title deed is issued 3-4 days after submission. In Moscow, notary services, including state fees, can cost 25 thousand rubles.

What are the pitfalls or conditions when selling or buying a room in a communal apartment?

The main nuance here is the rights of third parties, other owners of rooms in the apartment, who have the right of first refusal to purchase the room. The fact is that a communal apartment is always in common shared ownership. These shares are determined, since each is assigned his own room. Common areas are considered the common property of all co-owners and are not subject to division between them.

Thus, if the owner decides to sell his room, he must send a notice to other owners. This is a document that indicates the price, room characteristics, and address. Other co-owners have the right to either refuse or buy the living space within 30 days after receiving the notice.

If the period has expired and none of the co-owners agreed to the purchase, then the owner has the right to sell it to any third party.

In the case of purchasing an apartment, it is better for the buyer to request notarized waivers from the other co-owners.

Another fundamentally important point: the owner does not have the right to sell the room for less than the price announced to other owners in the notice. Otherwise, he is obliged to send a new notice to the co-owner indicating the new price. However, the law does not say anything about selling for a high price.

The difference between a hostel and a communal apartment is that a hostel provides only temporary accommodation. Privatization of such housing became available in 2007, when it was allowed to take ownership and dispose of it. The procedure for purchasing a room in a dorm is similar to purchasing housing in a communal apartment.

In both cases, it is important to understand that you will be able to sell only the room that is owned, that is, privatized. Naturally, it is impossible to sell space that belongs under a social tenancy agreement; it must first be privatized. The buyer needs to ask the seller to provide confirmation, which is an extract from the Unified State Register.

The procedure for selling a room in a dorm is no different from the procedure for selling any other residential property, but it has its own nuances, they must be taken into account, then selling the room successfully, profitably and quickly will not be difficult.

Where to begin?

First of all, for a dorm room that is for sale, you need to collect all the documents:

• certificate of ownership;
• an extract from the house register;
• a document confirming the fact that the seller is the owner of the premises;
• a copy of the personal account if payment will be made via bank transfer;
• a certificate from the management company confirming that there are no debts on utility bills;
• permission from the guardianship authorities if a disabled person or a minor child is registered in the room;
• other documents.

The Registration, Cadastral Chamber or BTI is responsible for preparing all the necessary documents. Since some documents can be issued within 5 - 30 days, it is better to collect them immediately after the decision to sell the room is made.

If the dorm room is not privatized, it is advisable to go through this procedure, otherwise problems may arise during the transaction process that will have to be resolved in court.

Let's start searching for a buyer

It is best to entrust the task of selling a dorm room to a realtor. He will help you sell the premises quickly and profitably, and will also take care of all organizational issues, as well as provide legal support for the transaction. The only disadvantage of working with a realtor is that for his services you will have to pay a certain percentage of the amount received for the room. You can also try selling your dorm room yourself. In this case, it is necessary to draw up an advertisement and post it in the media, as well as on the Internet. Take photos of the room during daylight hours from favorable angles. And you can start posting advertisements for the sale of a room, for example, you can start.

Preparing the dorm room for the screening

Before showing the room to the buyer, it must be properly prepared:

• It is recommended to remove furniture from the room, this will visually increase the space;
• if possible, it is best to make inexpensive cosmetic repairs to the room;
• if there is a balcony, it must be cleared of debris and rubbish so that the buyer can freely appreciate the view from it;
• put the common bathroom and kitchen in order, at best, repair it.

The best time to show a dorm room is when your neighbors are at work. Excessive crowding can “scare” a potential buyer.

Let's start documenting the transaction

And so, a buyer has been found, the conditions for leaving the room, the final price for it and methods of payment have been agreed upon. All that remains is to determine the date of the transaction and draw up a purchase and sale agreement with a notary after transferring the money. Anyone can contact a notary; it is advisable that you first agree on all issues with him. At this point, the procedure for selling a dorm room can be considered complete.

How to quickly sell a dorm room and what documents are needed?

Operations with rooms - communal or dorm rooms - are classified as complex. To successfully carry out such alienation, and even quickly, you should not rely on yourself, but rather entrust the issue to a real estate agency. They will not only find a profitable buyer and convince him to purchase your option, but will also quickly resolve the issue of finding the necessary papers.

The necessary conditions

In order to sell a dorm room, you will have to meet a number of specific conditions:

1. You are the sole owner. If there was no privatization, the square meters are officially considered municipal housing. Then it can be exchanged or sold, first privatized (RF Law No. 1541-1). If the hostel belongs to the departmental category, then the plan will not succeed at all.
2. Participants in the transaction have no restrictions on sanity.
3. If the issue involves the interests of minor co-owners, you will have to obtain the consent of the board of trustees and only then proceed with alienation.

If the room was purchased during an official marriage, it is necessary to secure.

Non-privatized living space can be transferred to private ownership in accordance with the general procedure, by concluding an agreement with the municipality, or through the court.

Algorithm

The entire sales process, starting with privatization, will consist of several stages:

• clarification of the status of the hostel with the administration;
• privatization (if required);
• contacting a real estate agency or posting advertisements on information platforms yourself;
• collection of necessary documentation;
• candidate selection;
• drawing up a purchase and sale agreement;
• payment of state duty;
• registration of property in the Cadastral Chamber;
• handing over the keys.

Selling a room requires the mandatory participation of a notary.

Transaction agreement

A standard contract form can be found on the Internet, Rosreestr offices or from realtors. The document must include:

• date and place of compilation;
• passport information of the parties to the transaction (last name, first name, patronymic, date of birth, series and number of passport, when, by whom it was issued, address of permanent registration);
• characteristics of the object of the transaction (area of ​​the room, exact address, where it is located, on what floor of which building, the number of utility rooms, their characteristics (especially for public spaces);
• information by what right the owner owns the room (when and by whom the title documents were issued);
• transaction price;
• terms of transfer (cash or non-cash);
• clause on additional conditions;
• signatures.

The agreement is drawn up in two copies - one for each participant, after which it is endorsed by a notary. Then you can proceed to registration of the transaction in the Cadastral Chamber. To do this, you will need to pay a fee and collect a package of papers.

Documentation

The owner will need:

• general civil identity card;
• privatization agreement;
• extract from the Unified State Register of Real Estate;
• technical plan;
• a copy of the financial and personal account;
• extract from the house register;
• certificate of absence of debt on utility bills;
• paid receipt of state duty (Article 333.33 of the Tax Code).

The buyer only needs two documents: a passport and the consent of the marriage partner for the purchase. The latter is not mandatory, but it is highly desirable so that the purchase cannot later be challenged by the husband or wife of the future owner, citing neglect of their rights (Article 35 of the Family Code). Increasingly, Rosreestr refuses to register a transaction if this document is not presented.

A representative of Rosreestr will check the package of papers and take it away, in return issuing a receipt with the registration end date. The issue usually takes up to ten days from the receipt of the correct set of documents. On the appointed day, the new owner comes to receive an extract from the Unified State Register in his name. From this moment on, he is the absolute owner of the property and has the right to mortgage it, donate it, exchange it or resell it.

Quickly selling a corner in a hostel, if you are not masterful in sales techniques and finding clients, is only possible by contacting a real estate company. You won't have to worry about questions from bidders or whether your sale is legitimate. Professionals will take care of all these issues.

FAQ

How to quickly sell a dorm room that is signed under a social rental agreement?

It will not be possible to sell something for which the proprietary right has not been registered. But you can exchange it for exactly the same social housing.

Having a social lease agreement, you have the right to privatize your corner, but weigh all the possibilities again. After all, if you exchange your living space, the right to free privatization will not disappear, and for the second time in your life it will not be given.

How quickly will they buy a room in a dorm and where to look for clients for this? We need money urgently, all documents are ready.

Selling rooms is not as popular as selling entire apartments, but the chances of selling square meters in a short time are very high. Especially if you are willing to offer a reasonable price.

It’s better not to look for a buyer on your own, leave the question to professionals and contact a real estate agency with a good reputation. You still won’t be able to complete the task faster than them, that’s their job. Moreover, you have no problems with documents.

Agents will also take care of the legal purity of the transaction. You still won’t be able to check your client thoroughly on your own: for example, as regards his sanity.

Is it possible to try to sell a service room that the family has occupied for a long time and from which they definitely will not be evicted?

No, because this would be an illegal real estate transaction. Even if you are lucky and come across a client who agrees to act not through an agency and does not even ask to show any legal documents, the contract will still not be accepted for registration in Rosreestr. And a deal is impossible without this (Federal Law No. 218-FZ).