Is it worth buying “hotels” and “small families”? Contract for the sale and purchase of a room in a small family Let's start looking for a buyer.

A room in a small-family apartment is a separate small-sized housing with a separate bathroom and kitchen. That is why the purchase or sale of such real estate is actually no different from the purchase or sale of an ordinary apartment or house.

Complete list of documents required for registration Sales and purchase agreements can be found on the official website of the Federal Registration Service or by personally contacting this service.

The standard package of papers for drawing up an agreement is the following list:

1. Passport and its copy from the main page, registration, page with registration of children, as well as marriage registration.

2. Title document for housing, if you are the owner of the apartment and want to sell it.

3. Marriage certificate.

4. A document confirming the absence of registered family members in this apartment.

5. Confirmation from the tax service about the absence of debts and seizures on this property.

6. Document from the Bureau of Technical Inventory with a detailed description of the object, cadastral passport.

7. If you purchased the apartment at the time of legal marriage, then the official consent of the husband or wife is required for the sale of this property.

8. If minor family members are registered in the apartment, then it is necessary to obtain written consent from the local guardianship and trusteeship authorities.

In certain cases, you may need any additional documents that are not mandatory, but may be requested by the future buyer of the apartment. After all the papers have been collected, you can go to the notary for registration Sales and purchase agreements apartments.

You should not confuse the concepts of “room in a small family” and “room in a dorm” or communal apartment, since the nuances of completing a purchase and sale transaction are significantly different here. So, in order to sell a room in a small-family dormitory or communal apartment, you must first obtain the consent of all residents to sell your own room, inviting each of the co-owners to buy out your share in writing in the form of a telegram or notary notice. If your co-owners cannot buy your room (share) within a month, then you have every right to sell your property to whomever you wish.

In times of crisis, expensive housing is difficult to sell, while budget housing—rooms for small families—are selling like hot cakes. If you are wondering how to sell a room in a communal apartment, study the nuances of selling now so as not to make mistakes in a hurry. And keep in mind that You can only sell a room if you have a certificate for it.

What is a communal apartment

After the revolution, the authorities came to grips with the redistribution of property. Since yesterday's peasants migrated from villages and villages in search of a new life, urban housing was in short supply. To solve the problem of resettling people, neighbors were moved into the apartments. As a result, not one family, but several lived in the apartment, each in its own room.

And today such apartments exist. The peculiarity of communal apartments is that the rooms in them are in private (or municipal) ownership, and the common areas (kitchen, bathroom, corridor) are in shared ownership.

A room in a communal apartment is an isolated room in which one family (or a single person) lives. Moreover, each room was acquired on its own basis - it was purchased, received as a gift, inherited or rented from the municipality.

Reminder.
A privatized room in a communal apartment gives the owner not only the right to live in it, but also to use the common premises. When selling a room, ownership of both it and the share of common areas is transferred to the buyer.

Selling a room in a communal apartment, consent of neighbors

If a person intends to sell a share in real estate, according to the provisions of Article 250 of the Civil Code, he is obliged to offer other co-owners to buy out the share. This is the so-called right of first refusal .

It exists in relation to a communal apartment, because even if you own a certain room, and not a share in the apartment, by default you also own a share of the right to common areas.

But since rooms in communal apartments may have different statuses (private and municipal), a reasonable question arises: is the consent of neighbors living on social rent necessary? Since the room belongs to the municipality, it is the administration, as the owner, that has the right to buy your room.

Notice of sale of a room in a communal apartment

This is a mandatory document included in the sales procedure. There is no need to present it to anyone, but you must keep it. It must be drawn up in accordance with the norms of the Civil Code:

• describe what the seller owns and on what basis;
• indicate the price of the room (not lower than the one you intend to sell for);
• indicate the terms of sale (for example, how much and when you need to transfer the deposit).

Sample notification.

Next you need to find out who owns the remaining rooms in the apartment:

• you can order an extract from the state register from Rosreestr - it indicates both the owners and their addresses (you can also order online on the Rosreestr website);
• You can ask your neighbors to show documents (property certificate or social tenancy agreement).

Now each owner (including the municipality, if the room is on social rent) needs to send a purchase offer by registered mail with notification. If after a month none of the neighbors agree to buy your room (in writing!), it can be sold to strangers.

Important:
the price in the purchase and sale agreement should not be lower than that indicated in the notice, otherwise the neighbors will be able to invalidate the transaction through the court!

If you know for certain that the owners live in the rooms (from the Rosreestr extract or from documents for the rooms), and you are on normal terms with your neighbors, the notices can be served in person. Each owner must sign and put a number under the text. After a month, the room can be sold.

Documents for selling a room in a communal apartment

The transaction is completed at the local branch of Rosreestr or at the MFC within 10 working days. The registrar will need to provide:

• passports of both the seller and the buyer;
• certificate for the room;
• notarial consent of the husband (wife), if the room is in common ownership;
• purchase and sale agreement (with transfer deed).

The state fee for registration is 2000 rubles.

How to bypass the right of first refusal

Article 250 of the Civil Code obliges neighbors to be notified only when selling shares
property, but not by exchange, gift or pledge. Based on these data, we can draw conclusions:

• you can donate a room (but only to a reliable person; if the transfer of money is discovered, the donation transaction may be considered feigned);
• pledge it for the redemption amount (according to the rules on pledge, if the money is not returned on time, the pledge becomes the property of the creditor);
• exchange for another accommodation with or without additional payment (if you are satisfied with this option).

Option.
You can also do this: give the potential buyer a tiny share of the room, for example, 1/100. After completing the transaction, the donee becomes your co-shareholder, and you can sell him the remaining share of the room without any approval from the neighbors.

But, if the buyer turns out to be unscrupulous, after registering the donation, he, as the owner, can legally move into the room. Then the court will have to recognize the ownership of his tiny share and pay compensation for it. And this takes time and large financial costs.

It’s still safer to register the purchase and sale . Just don’t forget - before you sell a room in a communal apartment to strangers, notify your neighbors and save the notices.

“Micro-apartments are a canned hell. It’s unrealistic for even a young couple to live,” CIAN experts are sure.

The product of the crisis is small apartments up to 25 square meters. m - they are willing to build and willing to buy. But “affordable housing” and “decent housing” are different things, experts warn.

The housing did not have any signs of decent housing, for example, the elevator stopped only on every 3rd floor

Ilya Mashkov Chairman of the Board of the Association of Designers of the Moscow Region

In the 1960s, 2,870 families were resettled in the Pruitt-Igoe area in the United States. The housing was just small, however, this was not the only problem in the area. The situation was aggravated by the fact that the high-density residential complex was not provided with infrastructure, and the social composition was initially unfavorable - low-income families from slums were moved here. “The housing, frankly speaking, did not have the signs of being decent - for example, the elevator stopped only on every 3rd floor,” says Ilya Mashkov, Chairman of the Board of the Association of Designers of the Moscow Region. – Already 10 years after the completion of the Pruitt-Igoe construction, police officers stopped responding to calls there, and non-payment of utility bills caused numerous accidents. Just 16 years after construction, the decision was made to demolish the block.”

“The history that took place in the 60s in the USA, in the Pruitt-Igoe area, makes us wary of any development where the concept of “decent housing” is completely covered by the concept of “affordable housing,” continues the architect.

“Small families”: “Why so ma..?”

For micro-apartments - studios up to 25 sq. m - “gostinki”, “small family” and their analogues now account for 2.3% of the total supply on the Moscow market, says Alexey Popov, head of the CIAN analytical center. The largest share of such housing is in residential complexes in New Moscow - 3.5%, in the old borders of Moscow - 1.4%, in the Moscow region - 2.7%.

“Gostinki” refers to a small one-room apartment or a room with a kitchen niche and a bathroom with an area of ​​up to 24 square meters. m.

“Small family” is a one-room apartment of a small area, which can coincide with the area of ​​a typical one-room apartment (29-40 sq.m); small families with a reduced room have an area of ​​21-26 square meters. m.

Micro-apartments should be distinguished from small-sized ones, Popov notes. The latter have small rooms, narrow corridors and low ceilings, but the total area of ​​the apartment is not limited. In the 1970s, small-sized 4-room apartments with an area of ​​less than 60 square meters were designed in panel houses. m.

Back then, designers saved on everything, literally calculating down to the centimeter how a maximum of functional zones could be placed in a minimum area. The layouts of the “Khrushchev”, as they are called today a little contemptuously, were based on serious research into all possible everyday situations occurring in the Soviet family. That is, the five-meter kitchen in the projects arose not only because it was necessary to save space, but also because it was this minimum area that made it possible to perform all the necessary actions in the kitchen for preparing breakfast, lunch and dinner, as well as for feeding the family. “Such rooms were still more functional than 20-meter spaces,” notes Popov.

The area of ​​apartments in new buildings is much more modest than in the Khrushchev buildings of the 50s and 60s. According to CIAN statistics, you can find “hotels” of 11 square meters. m and even 8-10 sq. m.

Today, small-sized housing is returning, and the area of ​​apartments in new buildings is much more modest than in the Khrushchev buildings of the 50s-60s (typical characteristics of a one-room apartment in a five-story building are 28-33 sq. m). And unlike Soviet times, now there is no single standard regulating possible options for areas and layouts. The market is a market, buyers vote with rubles - and developers are motivated to offer what they take.

According to CIAN statistics, on the real estate market you can find lots of a much smaller area - 11 square meters. m and even 8-10 sq. m. Basically, these are secondary market offers, located mainly on the first floors of residential buildings; such square footage most often arise as a result of redevelopments, which cannot be done with the transfer of wet areas to other floors.

The desire of developers to make “TV boxes,” as one developer put it, is understandable. They strive to minimize the threshold for entry into the market of new buildings, to attract those who previously rented housing; sometimes the features of the building dictate this format (when reconstructing a hotel or hostel), comments Alexey Popov.

"The bed won't fit"

“For me, buying an 18-meter studio is a huge event, moving to a new level,” says 27-year-old Anna, a travel agency employee who has been working in Moscow for 8 years. “Of course, it’s unrealistic for a family or even a couple to live in such an apartment, but once you have the property, it’s easier to take further steps.”

Living in such an apartment with a family or even a couple is unrealistic

Anna studio buyer

“I would be careful about developers’ descriptions,” says Nikolai, a marketer. – The main trap is the layouts that the developer will show you. Everything is fine, but the actual dimensions of objects, according to my wife and I’s experience, may turn out to be 20% smaller than those drawn on the plan. As a result, where a passage to another area of ​​the room is drawn, the bed can simply rest against the wall.”

Where there is a passage to another area of ​​the room, the bed can simply rest against the wall

Nikolay buyer

“Small apartments have a main problem - ergonomics: how to fit everything you need for life into a small area,” agrees Nikita Malikov, architect, founder of the Nikita Malikov architectural studio. – And this is a problem for the architect as well. If the developer’s goal is an absolute maximum of apartments in a minimum area, there is no need to start talking about the convenience of layouts. In any case, these will be typical elongated “hotel rooms”.

It is possible to make a good mini-studio project, both ergonomics and design. But the paradox is that it can be more expensive than for a spacious three-ruble note. But it is impossible to create a standard floor of studios alone with good ergonomics, the architect adds. This is not student housing, too many different people will live here, each with their own needs and each needing their own layout. Well, a studio for a couple is generally a myth, Malikov is sure: “two people cannot live comfortably in an apartment in which there is nowhere to hide from each other’s gaze. Even if these are close people, they need personal space.”

The requirements of a modern person do not fit into an area of ​​25 square meters. m, not to mention 10 sq. m

Ruslan Kirnichanskyarchitect, space management specialist

Canned Hell

“Studio apartments are a canned hell,” Ruslan Kirnichansky, an architect and space organization specialist, is categorical. “The requirements of a modern person do not fit into an area of ​​25 square meters. m, not to mention 10 sq. m. We consider: bedroom (minimum 12 sq. m, always with a window, this is necessary for healthy sleep), kitchen-living room (at least 20 sq. m), bathroom (4 sq. m is enough for compact equipment), plus hallway , - we have already gone far beyond this footage, but if this is a family with children, we need at least a children’s room.

If desired, the task of arranging a comfortable interior of 25 square meters. m is solvable, notes Kirnichansky, but the services of a professional designer will be required, who will choose a planning solution, make the correct zoning and develop transformable furniture for a specific studio. Such a project is complicated, it will cost a lot: “If the studio is not located in Stoleshnikov Lane, it’s like filling up a Lada sedan with 95 gasoline,” he sums up.

The advantage of such a small property is the price, the minimum starts from 1 million. For this money, however, you can only live very far from Moscow - in Novy Stupin. In the nearest region and Moscow, the price range is extremely wide: from 2.3 million rubles. up to almost 7 million rubles, but the choice is large: from an economy class room to a studio with a view of the historical center in a high-budget class of real estate.

offtopic

Micro-apartments are presented in 30 residential complexes in Moscow, in 9 residential complexes in New Moscow, in 66 residential complexes in the Moscow region. The price range for micro-apartments is quite noticeable. In Moscow, within the old borders, the most expensive offers are 6.96 million rubles. - in the Vander Park residential complex in Kuntsevo and 6.58 million rubles. in the residential complex "Presnensky Val 21" in the Central Administrative District. The cheapest offers in Moscow within the old borders are 2.32 million in the Clever Land residential complex, 2.42 million in the Zhemchuzhina Zelenograd residential complex. A 4-fold difference is observed in the Moscow region - the most expensive micro-apartments (4.29 million rubles in the Novokosino-2 residential complex), the most affordable (1 million rubles in the Novoye Stupino residential complex).

From “hotels” to demolition

The large proportion of “small family” and “hotel” hotels in the region are fraught with problems more serious than oversized passages to the rooms.

An aggravation of the situation in areas with small-sized “dumping” housing outside the Moscow Ring Road without proper infrastructure and without communication with the city is quite possible, says Sergei Pereslegin, architect, partner of the Kleinewelt Architekten architectural bureau.

It is possible that over time the problem with some areas near Moscow will have to be solved in the same way as was done in the West - by demolishing neighborhoods that have turned into enclaves of crime

Sergey Peresleginarchitect, partner of the architectural bureau Kleinewelt Architekten

The problem is that due to the cheapness of such housing, it is often actively purchased by private investors - subsequently it is quite difficult to resell it, “and living in such apartments is uncomfortable, so housing is rented out to the most unassuming tenants, most often not very wealthy visitors,” - says the expert. “Those neighbors who did not initially intend to move out still eventually decide to leave the area that has become uncomfortable; their place is also taken by newcomers, etc.,” says Sergei Pereslegin. “It is possible that over time the problem with some areas near Moscow will have to be solved in the same way as it was done in the West - by demolishing neighborhoods that have turned into enclaves of crime.”

“The total pursuit of cheap apartments and neglect of social infrastructure, the lack of balanced and sustainable development can lead to a repetition of sad history,” agrees Ilya Mashkov.

Minimizing space confuses not only buyers, but also the developers themselves. “Area up to 25 sq. m is the real minimum, says Pavel Bryzgalov, director of strategic development at FGC Leader. – There shouldn’t be a lot of such footage in the project. Their role is, first of all, to expand the range of offers.” Moreover, the greatest interest for buyers is in apartments with a footage of 24.5 sq. m. m - it is in this area that, without compromising comfort, you can place a kitchen niche and a set of furniture necessary for life,” agrees Yulia Ivanova, head of the analytical service of NDV-Real Estate. The company had a case when an increase in studio space in the Krasnogorsky residential complex increased their demand.

There is no point in increasing the share of small-sized housing, says Natalya Shatalina, general director of the Miel-Novostroiki company, since the market is now quite stable. In her opinion, the trend towards minimizing space will gradually become a thing of the past.

The article uses the photo “Small studio apartment. Interior Design"

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 (139)

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.

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.