Registration of purchase of a share in an apartment

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Co-owners of the apartment are required to respect the pre-emptive right to purchase shares. This means the following - if a share is put up for sale, the first buyers are the current shareholders, and not third parties. In order to exercise their right, owners send consents or refusals to purchase a share. It would seem that everything is simple. But in practice, disputes, misunderstandings and missed deadlines happen.

How to draw up an agreement to purchase a share in an apartment? What should it include? Do I need permission from the second spouse? From our article you will learn about all the intricacies of the transaction stage.

What is consent to purchase a share in an apartment?

Housing in common shared ownership belongs to several owners. Their shares may differ, but this does not affect the pre-emptive right to repurchase shares. Conventionally, if Ivanov owns 5/20 of the share, and Petrov only 1/20 of the share in the apartment, both co-owners can purchase square meters of Sidorov, the third owner of the same apartment.

Consent to purchase a share in an apartment is an official response from the co-owner about the desire to buy a share on the proposed conditions regarding price and calculations (Article 250 of the Civil Code of the Russian Federation). It is sent in response to a notification from the seller. The deadline for making a decision is 30 days from the date of receipt of the notification.

In general, consent is a right, not an obligation of the shareholder . If you are not satisfied with the price or terms of the transaction, you can refuse to purchase a share in the apartment. It is also advisable to notify the seller about this (optional).

Please note that consent is considered only as a desire to buy out the share. If, in addition to your approval, consent is received from other co-owners, the seller will choose the buyer. He can enter into a purchase and sale agreement with one of the candidates or divide his share among everyone. Unfortunately, there is no way to challenge the actions of the share owner.

Pre-emptive right to purchase

Encyclopedia MIP » Civil law » Property » Pre-emptive right to purchase

These are civil rights of a subjective nature, which are granted to a specific person in the form of the possibility of making demands regarding the actions of another person.

For all participants in shared ownership, the legislation provides for such a process as the right of first refusal.

This means that in the event that one of the owners decides to sell his part of the property, he is obliged first of all to notify his co-owners of the property, who, within the time limits established by law, must decide whether they want to buy back the share.

The concept of preemptive right to purchase

The legislator establishes that in the case when the property mass is divided between several owners on the basis of equity participation, then in such a situation special relationships are established between them.

And if one of the owners decides to get rid of his share, he is first obliged to notify all co-owners about this.

This is necessary so that they can exercise their right of pre-emption to purchase a share.

The pre-emptive right to purchase is understood as civil rights of a subjective nature, which are granted to a specific person in the form of the possibility of making demands regarding the actions of another person.

Thus, this subject receives an advantage over the capabilities of other persons.

The peculiarity of this type of right, such as the right of pre-emption, is that it cannot exist independently without the application of other absolute rights. In domestic legislation, all issues that relate to this process are subject to the actions of Article 250 of the Civil Code of the Russian Federation.

Preemptive right to purchase a share

In a situation where several citizens are the owners of certain property and exercise their rights in accordance with agreements on shared ownership of property resources, the legislation carefully regulates the relations between them.

In Art.

250 of the Civil Code of the Russian Federation states that in the case when one of the co-owners decides to sell his share of the property, he is obliged to notify the other co-owners about this, who will make a decision regarding the repurchase of the share within a specified period of time. This is done in order to prevent the emergence of new participants in the shared ownership rights, who could provoke conflict situations through their actions.

The fact that the owner has decided to sell must be notified within a specified period and in a certain manner. If the co-owners waive their rights to pre-emption of the share, then in this case the property can be sold to any person who expresses a desire to purchase it.

Notice of intention to sell a share

In the case when a participant in shared ownership decides to get rid of the property mass belonging to him, he is obliged to take into account the interests and rights of other citizens who act as co-owners. In Art.

250 of the Civil Code of the Russian Federation states that before deciding to sell his share, he is obliged to notify all owners of specific property about this.

Thus, the right of first refusal will be exercised in their respect.

In order to comply with all formalities, the seller must send a written notice to all co-owners, which should contain information regarding the object of sale, its value and other features.

This notification can be made in any way that is extremely convenient for the seller. Among the notification methods, the most popular are:

• personal delivery of letters to the co-owners notifying them of the intention to sell their share;
• sending a notification using a registered telegram with notification of receipt. Here, sending can be carried out either by the seller himself or by a realtor who helps him complete the transaction. Moreover, in the latter case, the realtor must have written permission from the owner to carry out such an operation;
• carrying out the procedure with the active participation of notary offices.

In Art.

250, Civil Code of the Russian Federation states that notification must be in writing, but notification by email, using social networks or via SMS will not be considered properly executed.

The pre-emptive right to purchase the sold share of a joint-stock company provides that all co-owners of a particular property must decide on the advisability of this purchase.

In the event that there is a waiver of the pre-emptive right to purchase, the owner of the part of the property being sold receives the right to transfer it into ownership to an outsider who is not one of the participants in the share agreements.

Pre-emptive right period

Many users have a question: “How to bypass the pre-emptive right, and can this be done legally?” The most comprehensive answer to this problem is provided by the provisions of Article 250 of the Civil Code of the Russian Federation. It is stated here that the preemptive right of owners to specific property owned by them in equal shares is priority.

And the only opportunity for the seller to exercise his right to dispose of the property in relation to a third party is a complete waiver of the pre-emptive right of purchase on the part of all co-owners.

As for the specific deadlines for exercising the priority right to purchase shared ownership, the law sets a specific deadline at 3 months. If the seller sent notices and did not receive an intelligible response within 3 months, he has the right to sell his share to third parties.

As for the co-owners of the property mass, they have the right to consider the proposal within 3 months and make an appropriate decision. This period is allocated by law so that the owner of the shared part of the property assesses the feasibility of the transaction and makes a final decision.

Please note that the deadline may be adjusted. It is determined by law that if the seller changes the terms of purchase, then the new 3-month period begins to count from the moment the change was notified.

Waiver of preemptive right to purchase

If the co-owners do not consider it advisable to buy out a share of the company’s property, then in this case they are obliged to formalize a refusal to exercise the pre-emptive right to purchase. It must be drawn up in writing and certified by a notary.

The legislator establishes that all owners of shared shares in a specific property may refuse to exercise their priority rights to repurchase property assets.

However, to do this, they need to respond to the notice in writing and indicate that they waive the exercise of their rights and have no objections to the free sale of the share.

If several co-owners decide to buy out the seller’s share, then he makes the choice between them independently, or between them a concession of the preemptive right to purchase the share is made in relation to a specific citizen.

Violation of the right of pre-emption

Clause 3 of Article 250 of the Civil Code of the Russian Federation states that the process of exercising priority rights to buy out a share of a joint-stock company must take place according to the standards established by law. Otherwise, all violations will be noted in law and violators will be subject to penalties for ignoring the law.

A violation of the pre-emptive right to purchase may be ignoring the legally established principles of transactions regarding property that is in shared ownership. It is also a violation to ignore the 3-month period during which the co-owners make the final decision.

Source: //advokat-malov.ru/sobstvennost/preimushhestvennoe-pravo-pokupki.html

Do you need your spouse's consent?

Married owners should remember to coordinate the transaction with their spouse. This is, in particular, stated in paragraph 2 of Article 34 of the RF IC - if one spouse uses common income to purchase real estate, he must obtain permission from the husband or wife.

Thus, in the case of an official marriage, the buyer must provide the consent of the second spouse .

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

There are three exceptions:

• cohabitation, i.e. joint housekeeping without registering a marriage relationship;
• divorce of spouses;
• the presence of a marriage contract - with the condition that the property of the spouses is not joint, but personal (for example, the husband buys a share in the apartment and becomes its owner, but the wife does not).

The consent of the spouse is drawn up in simple written form. A mandatory requirement is a notary signature and seal.

Spouses need to visit a notary, present their passports and marriage certificates, and then draw up a consent form. Of course, the service is paid. The notary will take money for certifying the document (expression of will). The total amount is from 1100 to 2300 rubles, depending on the region.

New law on the sale of a share in an apartment, changes in the law on shared ownership 2020

The new law on the sale of part of an apartment includes a number of regulatory legal acts, which include:

1. Civil Code of the Russian Federation.
2. Law on Privatization.
3. Federal Law on state registration of rights to real estate, etc.

Innovations in legislation affected many aspects. The most important change was that all transactions related to the acquisition and alienation of shares must be completed through a notary.

Without a document certified by him, the transaction will be considered unconcluded and the rights to the property will not be transferred. Also in this situation, the registration authority is obliged to refuse citizens to register the transfer of rights and make a corresponding entry in the register.

According to the norms of the legislation of the Russian Federation, the donation of a share is also subject to certification by a notary. The innovations do not concern the procedure for the alienation of part of real estate in situations where the property is not divided into shares.

Sample consent to purchase a share in an apartment

The response to the notice of sale of a share is drawn up by analogy in free form. The consenting owner must have the letter certified by a notary. If this is not done, the document will not have legal force.

Key points of agreement:

• document's name;
• city ​​and date of compilation;
• Full name of the owner who expresses a desire to purchase shares in the apartment - place and year of birth, passport information, residential address;
• confirm that the notice has been received;
• the size of the proposed share (for example, ¼ of the apartment);
• address of the location of the object;
• the price for which they want to sell the share (for example, 350,000 rubles);
• willingness to enter into a transaction on the seller’s terms;
• counter conditions, details - if required;
• information about familiarization with the notary’s explanation;
• owner's signature;
• signature and seal of the notary.

If you have confidence in the seller, you don’t have to spend money on consent, but sign a preliminary purchase and sale agreement (PPSA). Include in it the terms of the transaction, price, method of payment and secure the rights and obligations of the parties. Below you can see an example:

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We recommend reading: Sample certificate of work performed with an individual

The court found the claim to be justified and ruled in favor of citizen O. The transaction was canceled, and entrepreneur O. was required to return the entire amount spent to his wife and pay moral damages to the injured wife.

How to obtain consent to purchase a share in an apartment?

A positive response regarding the purchase of a share must be conveyed to the seller. Choose the method that will allow you to record the sending of consent to the addressee.

Submission procedure

It is most convenient to send a letter through a courier or a notary. However, if you're going to answer it yourself, here's a quick guide:

1. Draw up a consent and have it certified by a notary.
2. Go to the post office.
3. Fill out a blank Form-107 - indicate what you are sending, the number of letters, their value, and the item “notification of delivery/delivery to the addressee.”
4. Write down the seller's address (specified in the notice) and put your signature.
5. Fill out other forms (for example, for an inventory of attachments or for notification via SMS messages).
6. Wait for notification of delivery to the addressee.

Even if it is possible to hand over the consent to the seller personally, try not to use this method. The risk is that the owner will receive a notice from you and then may say that he did not receive anything. Proving the fact of transfer “from hand to hand” is very difficult, especially if there are no witnesses. The best option is through a notary or by registered mail with acknowledgment of receipt.

We talked about other tricks, schemes and troubles in the article “Pitfalls and risks when buying shares in an apartment.”

Price

You probably think that sending consent will be free. But in reality, costs cannot be avoided. Especially if you plan to act through a notary.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

How much does it cost to agree to purchase a share to the seller:

• sending a registered letter – 132 rubles;
• *additional option “notice of delivery” – from 27 to 68 rubles (simple and custom);
• inventory of the attachment (compliance check) - according to the tariff of branches of the Russian Post (for example, in Moscow - 72 rubles, in St. Petersburg - 50 rubles);

500 rubles for certifying consent . The fee for UPTC will be about 1,000 rubles. The total amount is 1,500 rubles . The notary himself will send the papers, so you just need to wait for a response from the seller.

How long does it last?

The pre-emptive right to repurchase shares is limited in time. Co-owners are given only 30 days to respond with consent/refusal. If you do not meet the specified deadline, priority in the redemption is lost.

You need to understand that the letter may take more than one week. Especially if the recipient lives in another city. It is advisable not to delay in responding: if you receive a notification, respond to the seller . Play it safe and call the seller, letting them know that you sent him a notice. Otherwise, there is a risk of missing the monthly deadline.

Don't worry if the 30-day period has already expired and your letter is “on the way.” Before certifying the purchase and sale agreement, the notary expects responses from all co-owners. This usually takes 2-3 weeks.

If you have expressed a desire to buy out the share, but the seller has already concluded a deal with a third party, not one of the owners of the apartment, challenge the deal. A lawyer from our portal can provide assistance in this difficult matter. An expert will analyze your situation, advise on how best to send a notice, what to include in it and how long to wait for a response. Contacting a lawyer will protect you from risks and missing a month’s deadline.

Watch a video about a husband or wife’s consent to purchase a property:
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Waiver of the preemptive right to purchase: validity period, sample

There are often situations related to the need to sell your share of an apartment and this is not prohibited by law. But this is not so easy to do, since other owners have an advantage in purchasing it. And only after receiving a waiver of the priority right from them, you can freely dispose of your part of the real estate.

Preemptive right to purchase a share in an apartment

This is the right of each co-owner to purchase a share of the property being sold before the property is put up for sale. But the proposed conditions should not differ - it is impossible to declare a price lower than the value that was offered to the owners in an open sale. In case of price changes, all owners must be warned, otherwise, when going to court, the transaction will easily be invalidated.

⇒ This right is also often called “primary”.

The legislative framework

The law provides for the sale of one's share of the apartment to any buyer, but on the condition that the owners of the remaining part of the home do not apply for its acquisition. In this case, the owners must waive their rights in writing. It is necessary to draw up a notarized refusal (such a document will eliminate various disputes and disagreements). Article 250 of the Civil Code of the Russian Federation regulates relations in this area.

Federal Law No. 122 of July 15, 2020 obliges all transactions related to the sale of real estate shares to be notarized.

It happens that the owners are far away or their location is not known at all. Therefore, on January 1, 2020, some changes were made to the legislation, which are also valid in 2020.

It states that the owner, if he wishes to sell a share of the home, can publish this announcement electronically on the official website.

This is a website of a government organization that registers rights to real estate.

The owner must attach to the remaining documents a written notice of this method of notifying other co-owners.

Notification of share sale

Having decided to sell his share of the apartment, the owner is obliged to notify the other co-owners about this, indicating its value.

The notice must be in writing. It must be sent by registered mail with a list of attachments. Receipts and acknowledgment of delivery will serve as evidence that the consent or waiver of the right of first refusal was executed in accordance with the law.

⇒ A sample notification of the sale of a share can be viewed at this link. ⇐

It’s good when part of the real estate owned by the seller is clearly stated in the documents. For example, there is a whole room in the property.

When the meters are not indicated anywhere, but only their ratio to the area of ​​the apartment, you must, through the court, allocate your square meters and assign them to yourself. The court often agrees to meet this requirement.

If a sale suddenly takes place in a communal apartment, the seller of the share will need to send a request to Rosreestr to obtain information about the owners of other rooms. This statement is paid, so the request is accepted with a receipt of payment.

Validity period for waiver of pre-emptive right to purchase a room or other part of the apartment

The seller of a real estate share, having sent notices of sale to all owners, must wait some time to receive a response from them. The letter must contain consent to purchase the property or refuse it.

⇒ The validity period for the waiver of the pre-emptive right to purchase is established by law and is 30 days. ⇐

After this time, you can obtain a certificate from the notary’s office that the letters were actually sent and the co-owners received them.

To obtain such a document, you must provide the notary with:

• postal receipts confirming the sending of letters;
• copies of letters.

Having received such a certificate, the seller can put his share of the property up for sale.

Selling without consent

You can sell your share in an apartment without obtaining the consent of the owners, if the co-owners did not respond to the notice of sale within the established time frame.

Consent to purchase a share in an apartment

⇒ If one of the owners decides to purchase another part of the real estate, then he is not required to draw up any written consent to purchase a share in the apartment; the most important thing is to conclude an agreement establishing the terms of the transaction as soon as possible. ⇐

If there are several co-owners, and they all claim the part of the property being sold, then the owner of the share has the right to choose with whom to conclude a transaction. Or the property will be divided in proportion to their shares of property.

But it is very important that before signing the contract, the seller notifies other owners who may also have a claim on the share you are about to purchase. At the same time, written consent from other applicants to conclude this transaction is NOT required.

The main thing is that there are no objections.

After identifying a buyer for a share of the apartment, you can formalize the purchase and sale. To conclude a transaction, you must present the following documents:

• passports;
• property agreement;
• written consent of neighbors to the transaction being made;
• certificate of right to share;
• technical documentation;
• certificate of absence of debt for public services.

They may also be useful, depending on the situation:

• Marriage certificate;
• an extract from the Unified State Register of Legal Entities stating that the owner has no encumbrances on the property;
• consent of the spouse that he does not object to selling the share.

The purchase and sale agreement contains the following information:

1. Share size;
2. Payment procedure for real estate;
3. Information about the parties making the transaction.

Deal with a minor child

Minors can also purchase a share of an apartment, but their parents must sign it before they turn 14 .

At the same time, it is impossible to sell his share of property without the permission of the guardianship authorities. They must make sure that the child has housing of at least the same size. And the money for the sale of his part of the apartment will be credited to his own bank account, which the child will be able to use upon reaching the age of 18.

Only after checking all the data will the guardianship authorities issue a certificate within 2 weeks.

How to challenge a transaction

It is easy to challenge a transaction if the seller violated the process of notifying owners about the sale of the property.

But how can you find out how long the waiver of priority right to an apartment is valid if the co-owner was not properly informed about the sale of the share in the home and its value?

In such cases, the Civil Code of the Russian Federation gives the co-owners the right to revoke the rights and obligations to the apartment within 3 months through the court, even if it is already registered by another buyer. But at the same time, the calculation of the period begins from the moment the co-owner learned of the violation of his rights.

It is also not difficult to challenge a deal concluded between relatives to purchase a share in an apartment using maternity capital.

A deal that violates the rights of young children is also considered illegal.

The relatively short period of validity of the neighbors’ refusal to buy a room allows you to quickly collect all the documents for the sale of a share of the property and start looking for a buyer.

But it is important to understand that if the co-owners do not agree to the purchase, then finding a buyer for the apartment’s share will not be entirely easy. Because the resident owns and disposes only of the right to this share.

It is not physical and the new owner will need to try to improve relations with the neighbors.

Source: //zakondoma.ru/sdelki/otkaz-ot-preimushhestvennogo-prava-pokupki-doli-kvartiry-obrazets-dokumenta.html