Communal apartment– a residential property where the main tenants/owners are two or more families, whose members are not directly related to each other. In practice, a room in a communal apartment is almost identical dorm room status. After the adoption of a legislative act in 2007, which allowed the privatization of living space in dormitories, their legal status was leveled.
Ownership in communal apartments – common lobe. At the same time, the owners of each of the rooms divide indivisible common areas, according to the principle of proportionality. This means that the larger the area of the room that a person owns, the more square meters of common areas he owns.
Transactions with real estate in communal apartments, except for purchase/sale transactions, do not differ from those with ordinary apartments or houses. The room can be bequeathed, a deed of gift can be drawn up on a general basis. But sale of a room in a communal apartment- a legally more complex procedure and requires compliance with certain rules and regulations.
Features of buying and selling parts in a communal apartment:
- The room must be.
- The need to take into account the primary right of the co-owners of a communal apartment to buy a room.
- The importance of following the procedure for notifying other owners of the sale.
Otherwise, the requirements for the room do not differ from those with transactions with apartments or houses: no debts, encumbrances, collateral, undischarged or minor citizens.
Notice of sale
A transaction for the purchase and sale of a room in a communal apartment cannot be carried out quickly due to the need to follow the procedure notifications to other owners.
The Housing Code dictates the condition that co-owners of communal apartments have preemptive right for its acquisition during the sale or alienation of one of the rooms. In practice, this can lead to additional difficulties.
The first thing you need to do is send notice of room sale in a communal apartment in writing, where to indicate:
- Profile details of neighbors - full name.
- Terms of a transaction.
- Preemptive right of neighbors.
- The calendar date of this notice.
- Cost, payment options.
Procedure for selling a room
Required documents
Required documents for selling a room in a communal apartment:
- Documents confirming ownership of the living space.
- Technical documentation (cadastral plan, explication of the object).
- Home Book.
- Confirming the absence of a debt burden to the budget for property taxes for individuals.
- Documents confirming marital status, if necessary, a power of attorney from the spouses.
- A certificate provided by the guardianship authorities - if there are minor children among the residents.
- Waiver of preemptive acquisition by residents (if any).
- Receipts for payment of mandatory fees upon sale of real estate.
- Identity cards – passports or their equivalent documents.
A standard purchase and sale agreement can be used. You can view and download here: . If necessary, a preliminary agreement is also used - specially designed for such a transaction.
An example of selling a room in a communal apartment
Let us give an example of a real situation involving the sale of a part in two-room communal apartment in 2017:
In the room for sale there are two married citizens registered, in the second there is a single retired woman who owns her space on the basis of a social tenancy agreement, but has decided to start. At the same time, the husband decides to sell his living space.
In this situation, a notice is sent to the authorized housing authority, after which the procedure for searching for clients and subsequent sales begins. The neighbor does not have a preemptive right until the room is privatized.
In this case, all the necessary documents are collected, and consent is obtained from the spouse, which is notarized. Of the available methods for finding clients, contacting a real estate agency was chosen. After the client was found and all conditions were met, documentation was collected and the terms of the transaction were agreed upon, and all that remained was sign a purchase and sale agreement and entered the data into Rosreestr, it turned out that the pensioner neighbor had managed to privatize the apartment and received the relevant documents.
Despite the fact that at the beginning of the sale of the room, the second of them was in state ownership and provided for, the legislation dictates the need to notify all owners. That is, you need to repeat the notification procedure, now to the owner of the property - the neighbor of the pensioner. Because of this, the deal is postponed for another month.
Conclusion
- Buying and selling a room in a communal apartment requires a careful approach and certain legal literacy.
- The transaction is carried out only after notifying all neighbors, indicating all the information on the transaction.
- The neighbors have exclusive right to purchase room for sale.
- If several neighbors have expressed a desire to buy, you can choose a better and more advantageous offer.
- You can sell a room to a third party only if none of the other owners of the communal apartment have expressed a desire to buy it.
- The transaction must be accompanied by notarization.
- If one of the neighbors goes to court to recognize a sale transaction to a third party as legally void, the court will begin to consider the claim only after the neighbor has paid the full amount of the transaction cost.
The most popular question and answer regarding the sale of a room in a communal apartment
Question: A neighbor in a communal apartment plans to sell her part and notifies me, as the owner of another room, about the pre-emptive right to purchase, but overcharges, compared to the average market price. What to do in this case?
Answer: In this case, you must notify your neighbor in writing that it is impossible to purchase for such a high amount. You can offer to conduct independent assessment and buy the room based on expert assessment.
In case of refusal and resale of living space to an outsider at a cost lower than that specified in the notice (information can be obtained from Rosreestr), it follows, which recognizes that the transaction was carried out illegally and the right of first refusal was violated.
Samples of applications and forms
You will need the following sample documents.
Agreement
buying and selling a room in an apartment
Year of birth, place of birth: ________________, citizenship: Russian, gender _____________, passport ______________________, department code ___________, registration and place of residence address: _________________, hereinafter referred to "Salesman", And _______ ________________________________________________________, ____________ year of birth, place of birth: ________________, citizenship: Russian, gender _____________, passport ______________________, department code ___________, registration and place of residence: _________________, hereinafter referred to as “ Buyer", on the other hand, collectively referred to as the "Parties", have entered into this agreement as follows:
1. The Seller transferred ownership (SOLD), and the Buyer accepted ownership (BUYED), room No. ___________, owned by the Seller , total area _______________ (___________) sq. meters in ______room apartment, total area excluding the area of loggias, balconies, verandas, terraces __________________ sq. meters, including living area _____________________ sq.m., the area of the apartment taking into account the area of loggias, balconies, verandas, terraces amounted to _________________ sq.m. The apartment is located on the ______________ floor of a ________________ storey brick/panel building at : Moscow, st. ___________, house ________, building ________ apartment _________, room No.___________. Upon signing this agreement, the Seller transferred ownership, and the Buyer accepted ownership of the room and the right of ownership to a share in the common areas of the specified residential building.
2. Ownership of the room belongs to the Seller on the basis of: Sale and purchase agreement dated __________. The property right has been registered and a Certificate of State Registration of Title dated ___________ has been issued.
3. The registered room consists of: _____________.
4. The above room is assessed and sold by the Seller to the Buyer for ___________ (____________________) rubles. The price of the room is final and cannot be changed. The Parties hereby confirm that the Buyer transferred and the Seller accepted funds in the amount of the cost of the room in full upon signing this agreement. The Seller does not have any claims against the Buyer, including financial claims for payment of the cost of the room.
5. The buyer purchases the specified room in good technical condition, ensuring normal operation. At the time of signing this contract, the Buyer has no complaints about the quality of the room.
6. The Seller undertakes to transfer, and the Buyer undertakes to accept, a set of title documents for the room and documents on the technical condition of the room, and the room according to the Transfer and Acceptance Certificate, in the same quality condition as it is on the day of signing this Agreement. The Seller and the Buyer undertake to sign the Transfer and Acceptance Certificate upon signing this Agreement.
7. The risk of accidental death or accidental damage to the room passes to the Buyer from the moment the Acceptance Certificate is signed.
8. According to the Seller, at the time of execution of this Agreement, the specified room has not been sold to anyone, has not been donated (not promised as a gift, not donated), not mortgaged, is not in dispute, is not under prohibition or arrest and is free from any rights of third parties, debts on utility bills , including no arrears in payment for electricity. The seller is responsible for the concealment and unreliability of the information provided. 1
9. The Buyer’s ownership of the room is subject to state registration. The buyer acquires the right of ownership (possession, use, disposal) from the moment of state registration of ownership rights.
10. The Seller and the Buyer undertake to submit a corresponding application to the registration authority within five working days from the date of signing the Room Acceptance and Transfer Certificate. The costs of state registration of property rights are borne by the Buyer.
11. The buyer is obliged to carry out at his own expense the maintenance and repair of the room coming into his ownership.
12. This Agreement contains the entire scope of agreements between the Parties regarding the subject matter of this Agreement, cancels and invalidates all other circumstances and representations that may have been accepted or made by the Parties, whether in writing or orally, prior to the conclusion of this Agreement.
13. This Agreement is drawn up in three copies having equal legal force, one for the Seller, one for the Buyer, one for the registration authority.
SIGNATURES OF THE PARTIES
Salesman
- Registration address: ________________________________________________
- Mailing address: __________________________________________________
- Phone fax: _____________________________________
- Passport series, number: _______________________________
- Issued by: _______________________________________________________
- When issued: ______________________________________________________________
Buyer
- Registration address: _________________________________________________
- Mailing address: ___________________________________________________
- Phone fax: ____________________________________
- Passport series, number: ______________________________
- Issued by: ________________________________________________________
- When issued: _______________________________________________________
- Signature: ______________________________
(name of municipality)
(day, month, year in words)
We, gr. (indicate last name, first name, patronymic), residing at the address: ___________________________________________, passport series ____________ N _____, issued (indicate the date of issue and the name of the authority that issued it), hereinafter referred to as the “Seller”, on the one hand , And
gr. (indicate last name, first name, patronymic), residing at the address: ___________________________________________, passport series ____________ N _____, issued (indicate the date of issue and the name of the authority that issued it), hereinafter referred to as the “Buyer”, on the other hand , have entered into this agreement as follows:
1. I, gr. (indicate the surname, name, patronymic of the Seller), I undertake to transfer ownership, and I, gr. (indicate the surname, first name, patronymic of the Buyer), I undertake to accept and pay in accordance with the terms of this agreement for the following real estate: one room No. 2 in a two-room communal apartment located on the (indicate floor) floor (indicate the type of house: block, panel, brick , log) house, located at the address: ___________ region, city (town, village) _____________________, street _____________, house _____, apartment N _____.
2. The specified room has a common usable area (indicate the area in numbers and words) sq. m. m, including living area (indicate the area in numbers and words) sq. m, and is located in a two-room apartment with a total area (indicate the area in numbers and words) sq. m. m, living area (indicate area in numbers and words) sq. m, including the area of room No. 1 - (indicate the area in numbers and words) sq. m. Together with room No. 2, forty hundredths (40/100) shares in the right to the common areas of this communal apartment are alienated (the size of the share in the right is indicated in accordance with the Seller’s title documents).
(The technical characteristics of the rooms and the apartment must correspond to the technical accounting data contained in the extract of the technical passport of the apartment or the BTI certificate. If the room does not have a total usable area, for example, there are no built-in wardrobes, but only has a living area, then the total usable area is not indicated.)
3. The specified room and share in the right to the common property of the apartment belongs to the Seller by right of ownership on the basis of (indicate the name of the title document, for example: agreement for the transfer of ownership of housing dated May 24, 1999, registered in the BTI of N-ska, registration certificate N 355 dated May 30, 1995), which is confirmed by the Certificate of state registration of the right dated (specify the date, month, year) series ___________ N _________, issued by (specify the name of the body that carried out the state registration), registration number (specify the number of the state registration of the right in the Unified State Register of Rights) from (specify date, month, year).
(Another document on the basis of which the Seller has ownership of the room may also be indicated as a title document: a gift agreement, an exchange agreement, a certificate of inheritance. In any case, the details of the document to which reference is given must be fully indicated, and information about its registration. Attention: the BTI registration certificate is not a document of title!)
4. The inventory assessment of the specified room No. 2 is (indicate the amount in figures and words) rubles, which is confirmed by certificate No. _____ issued by (indicate the date, month, year) of the BTI (indicate the name of the municipality).
(The inventory assessment of the apartment specified in this paragraph is used to calculate the property tax payable.)
5. The specified room and share in the right to the common property of the apartment is sold for (indicate the amount in figures and words) rubles. Agreement on price is an essential term of this contract.
(The amount indicated in this paragraph is determined by the parties independently and may differ from the BTI inventory estimate.)
6. The owner of residential premises - room No. 2 does not have the right to alienate his share in the ownership of common areas in a communal apartment, as well as to perform other actions entailing the transfer of this share separately from the ownership of residential premises.
7. The Buyer undertakes to pay the Seller the amount specified in clause 5 of the contract in full within (indicate the number of days in words) days after the state registration of the agreement.
(The proposed option seems to be the most preferable, since under this condition of the contract, payment is associated with the registration of the contract, i.e. with the moment with which the legislator connects the conclusion of the contract (see clause 17) and the Seller’s obligation to transfer the property, and the Buyer’s - accept and pay. The content of this clause may vary depending on how the parties determine the payment procedure.)
8. The Buyer is satisfied with the quality condition of the room and common areas, established through an internal inspection before concluding this contract, and did not discover during the inspection any defects or shortcomings that the Seller did not inform him about.
9. In accordance with Art. 556 of the Civil Code of the Russian Federation, when transferring room No. 2 parties draw up a transfer act.
10. The Buyer acquires ownership of the specified room and a share in the right to the common areas of the communal apartment after state registration of the transfer of ownership of the room, which can only be made after full payment by the Buyer under the contract and the execution of a transfer deed by the parties.
11. The buyer carries out, at his own expense, the repair and operation of the specified room and participates in the costs of operation and repair of the common areas of the apartment in an amount proportional to his share, in accordance with the rules and regulations in force in the Russian Federation for the state and municipal housing stock.
12. With the content of Art. The parties are familiar with Articles 167, 209, 223, 288, 292, 549 and 556 of the Civil Code of the Russian Federation.
13. In accordance with current legislation, an essential condition of the purchase and sale agreement for residential premises is the listing of persons who have the right to use the room. In this regard, three options for wording this paragraph can be proposed.
Option A (if no one lives in the room).
The specified room is sold free of occupancy by third parties who, in accordance with the law, have the right to use this room.
Option B (if the room is occupied by persons who, in accordance with the law, retain the right to use this residential premises (family members of the Seller or the Seller himself) after its acquisition by the Buyer, then in accordance with clause 1 of Article 558 of the Civil Code of the Russian Federation they must be indicated in the contract ).
The right of residence is retained in the specified room: (the surnames, first names and patronymics of the persons retaining the right to use the residential building and their rights are listed).
Option B (if the Seller, at the time of signing the contract, is registered in the room that is the subject of the contract, he may undertake the additional obligation to deregister within a certain period of time. This provision is applicable only to the Seller and cannot be applied to persons who are not a party agreement).
A gr. is registered in the indicated room. (indicate the surname, first name, patronymic of the Seller), who undertakes to deregister and release it within (indicate the number of days) days from the date of registration of this agreement.
14. Before signing this agreement, the specified room has not been sold to anyone, not given as a gift, not mortgaged, not encumbered with the rights of third parties, is not in dispute and is not under arrest (ban).
15. The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship or guardianship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances forcing them to enter into this agreement on extremely unfavorable terms for themselves.
16. This agreement contains the entire scope of agreements between the parties regarding the subject matter of this agreement, cancels and invalidates all other obligations or proposals that may have been accepted or made by the parties, whether oral or written, prior to the state registration of this agreement.
17. This agreement is subject to state registration and in accordance with Art. 433 of the Civil Code of the Russian Federation is considered concluded from the moment of its state registration. The costs of state registration of the contract are borne by (indicate who exactly bears the costs of state registration - the Seller or the Buyer).
18. This agreement may be terminated in accordance with the procedure established by law.
19. This agreement has been drawn up in three copies, one of which is kept by the Seller, the second by the Buyer, and the third by the body that carries out state registration of rights to real estate (indicate the name of the body in full).
(The number of copies of the agreement is established by agreement of the parties; there may be either more or less than specified in clause 19. However, given that the agreement is drawn up in simple written form, it is recommended to leave the original copy of the agreement at the justice institution for registration of rights to real estate property or other body carrying out state registration.)
SIGNATURES OF THE PARTIES:
Seller buyer __________________
Preliminary agreement for the purchase and sale of a room
in a communal apartment
city_______ "___" ________________20___
We, citizen of the Russian Federation __________________________________________________________________________________________________year of birth, place of birth__________________________________________________________________________
Passport _________________________________, dated ________________________________ issued by _____________________________________________
hereinafter referred to as the SELLER, on the one hand,
And citizen of the Russian Federation ___________________________________________________________________________________
The year of birth
Place of Birth___________________________________________________________________________
residing at: ________________________________________________________________________________,
passport: series ____________, No. ____________, issued “______________.
hereinafter referred to as the BUYER, on the other hand,
collectively referred to as the PARTIES, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The SELLER undertakes to sell, and the BUYER to buy and pay, in accordance with the terms of this agreement, a room in a communal apartment with an area of ______ sq.m., located at the address: ___________________________________________________________________________________
Cadastral number:_____________________________________________________________________________
1.2. The cost of the room is ______________________________________________________________________________ rubles.
1.3. The room belongs to the SELLER
on the basis of __________________________________________________________________________ that
is confirmed by the Certificate of State Registration of Rights No._____, dated _______.
1.4. The price of the apartment is fixed and cannot be revised.
2. OBLIGATIONS OF THE PARTIES
2.1. The SELLER assumes the following obligations:
2.1.1. Prepare and provide to the BUYER for review, before ____________________ 20__, the documents necessary to conclude the main Sales and Purchase Agreement:
1. Cadastral passport.
2. An extract from the Unified State Register confirming the absence of arrest and encumbrance on the room.
3. Certificate of registered persons or their absence and apartment card.
4. Certificate of payment of utility bills.
5. Your bank account details.
6. Notarized consent of the spouse for the sale if the apartment was purchased during marriage.
2.1.2. Do not take actions leading to a change in the legal status of the property or its technical characteristics.
2.1.3. Transfer the property to the Buyer ___________________________________________________________________________________
2.1.4. Do not dismantle sanitary and electrical fixtures, do not make other changes to the facility, maintain it in the condition corresponding to the time of inspection
2.1.5 Notify all other owners of rooms in the above communal apartment about the sale of their room to a third party, indicating the terms of the transaction, no later than 3 days from the date of signing this agreement. Inform the Buyer about their intentions to purchase.
2.2. The BUYER assumes the following obligations:
2.2.1. Pay the SELLER the amount of _______________(________________________________________________________________) rubles in the form of a deposit towards the cost of the property upon signing this agreement.
2.2.2.Pay the amount of _________________(________________________________________________________________) rubles at your own expense on the day of signing the Sale and Purchase Agreement in any legal way
2.2.3. THE PARTIES agreed to enter into an Agreement for the sale and purchase of an apartment within _________________________
3. RESPONSIBILITY OF THE PARTIES
3.1. The period specified in clause 2.2.3 may be changed by mutual agreement of the parties, formalized in a written additional agreement to this agreement.
4. DURATION OF THE AGREEMENT
4.1. This agreement comes into force from the moment it is signed by the PARTIES and is valid until execution.
5. ADDITIONAL CONDITIONS
5.1. The Parties undertake to resolve all arising disputes and disagreements through negotiations, and, in case of failure to reach an agreement, in the manner prescribed by the current legislation of the Russian Federation.
5.3.The transaction amount includes the following property: _______________________________________________________________________________________________________________________________________________________________________________
5.4. The Agreement is drawn up in ____ copies having equal legal force, and one copy is kept by each party.
5.5. If other owners of rooms in a communal apartment take advantage of the priority right to purchase, the deposit transferred by the Buyer is considered an advance and is subject to return in full until ________________________________________
6. SIGNATURES OF THE PARTIES
Salesman__________________________________________________________________________
Buyer_______________________________________________________________________
Selling a room in a communal apartment still remains a pressing issue in the field of real estate transactions. The execution of a territory purchase and sale agreement includes a number of features discussed in the article. You will have to face various difficulties, including the difficulty of separating and completing the necessary package of documents.
The main thing is to respect the pre-emptive right to purchase housing in a communal apartment, which is established by the legislation of the Russian Federation.
Selling a room in a communal apartment
If we consider a communal apartment as a real estate object, then it differs in the following:
- It is home to several families who pay monthly utility bills;
- A resident or family owns one room in a communal apartment, but is additionally allowed to use the kitchen, bathroom, toilet, corridor and hallway;
- Each tenant or family purchases housing in a communal apartment on grounds that do not depend on the other people living in the apartment :
- contract of sale;
- rent;
- exchanges and others.
- Selling a room in a communal apartment under a purchase and sale agreement requires sufficient knowledge of the current legislation.
Many people wonder whether the consent of neighbors is necessary for the sale of a room?
The consent of neighbors to sell the territory under a purchase and sale agreement, if it is personally owned, is not required. Their responsibilities include only formalizing the refusal of the purchased premises or providing a response within 30 calendar days.
It is worth noting that only those neighbors who also own other premises have a priority right. The document is not provided to those who rent an apartment on a mortgage or lease basis.
To sell a room, you need to draw up a notice. It is written on behalf of the seller. It contains the following information:
- Last name, first name and patronymic of the neighbors who live in the living area;
- Terms of the transaction that contain a pre-emptive right;
- Room price;
- Date of preparation of the document (notification);
- Seller's signature.
Who has the right of first refusal?
Selling a room in a communal apartment to a stranger is not so easy. After all, the first in line are the neighbors in the apartment. They can either confirm the decision to purchase, write a refusal, or not respond anything for 30 calendar days. If they write a refusal or do not respond to the notification within one month, then the transaction can subsequently be completed with a third party.
This means that before you sell your own home to a third-party buyer, you must offer your neighbors a share at the same cost under similar conditions. Offers should only be made in writing. As a rule, the most optimal means of communication: by mail, sending yourself a letter of delivery and notification.
There are situations when neighbors deliberately delay the sale of a room under a purchase and sale agreement, reducing its price or leaving it empty for an indefinite period.
Find out which of your neighbors has priority rights to purchase residential real estate. For such information, contact Rosreestr. You will need an extract for the residential premises and all copyright holders. Notification, as a rule, is issued only to the owners of rooms in a communal apartment. If you find that there are rooms in the apartment that have not undergone the privatization procedure, then notify the municipal property management body about this.
There are also situations when a minor is considered the owner of one of the rooms. The legislation of the Russian Federation divides such citizens into two groups:
- Children under 14 years of age. They do not have civil legal capacity, therefore only guardians have the right to sign a waiver of the room;
- Children aged 14-18 have some rights. They are allowed to independently express their point of view, but only with the consent of their parents.
Drawing up a purchase and sale agreement
As a rule, in the case of selling a room, a preliminary agreement is used. This is a relevant document for this type of transaction. It will take time to notify neighbors about the sale of a room. The owners of adjacent rooms have the right to purchase, under the same conditions as with third parties. A preliminary contract for the purchase and sale of a room is required:
- The law obliges the agreement between the seller and the buyer to be formalized in writing and without fail.
- It is required to prepare the necessary documents to submit them to Rosreestr. To register the transfer of ownership of a room from the seller to the buyer, Rosreestr employees must provide the relevant documents. This also includes proper notification of neighbors who have priority rights to purchase a room.
- If one room in a communal apartment belongs to several sellers, then the main contract must be certified by a notary, and in the preliminary contract it must be written who will pay for its services.
Is it necessary to have the transaction certified by a notary?
In 2016, the provisions of the legislation of the Russian Federation regarding the preparation of a contract for the sale and purchase of a room in residential real estate were changed. Thus, the Government plans that thanks to the adopted law, the fact of fraud in such transactions is practically excluded. That is, now all such transactions go through the services of a notary.
Notification of other owners about the sale of an apartment can also be sent through a notary. If within a certain time the notary does not receive a response from the remaining owners, the room can be sold to a third party. After submitting the necessary papers, the title deed is issued within 3-4 days. In the capital of Russia, the cost of notary services (including state fees) is 25 thousand rubles.
Certification of documents by a notary is mandatory.
Can I contact the Multifunctional Center myself? The document must be certified by a notary. And then you can register the right to a third party yourself.
If you register a purchase and sale agreement through a notary, then the citizen pays an additional 5,000 rubles, not counting the state duty.
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