What are the nuances when selling a room in a communal apartment?

Ownership of the room

The Housing Code of the Russian Federation (Article 16) indicates that a room in a communal apartment is an independent object for which a separate right of ownership is registered.
Common areas intended to satisfy vital needs in a communal apartment are subject to division in accordance with Art. 135 of the Civil Code of the Russian Federation. The share of each owner is determined as follows: the area of the room is divided by the area of all residential premises. The resulting figure is correlated with the area of common areas. This is the standard option for shared ownership of common areas; other options are discussed in a separate agreement.

What rooms can there be in a communal dwelling, is it always possible to sell them?

Communal apartments are completely private property, but often some rooms belong to the municipality, and residents live in them under social tenancy agreements. Living rooms in communal apartments must be isolated.

Only the owner or a person who has the appropriate authority to do so can alienate a room in a communal dwelling. You can sell a room only after privatizing it first, and if it was received as an inheritance, under a gift or sale agreement, that is, the seller must have recorded ownership of it.

Alienation of a room in communal housing, which is not a person’s private property (not privatized), is possible only through exchange for similar non-privatized housing. The exchange agreement is concluded between tenants, however, landlords (as a rule, these are departments of local administration) must give permission for this. Under other circumstances, such a transaction cannot take place.

Sample agreement for the sale of a room in a communal apartment in word format – .

How to sell a room in a communal apartment in 2018

The owners (neighbors) of the remaining rooms of the apartment have the preemptive right to purchase real estate (Article 43 of the Housing Code of the Russian Federation). The procedure and conditions for the purchase and sale of a room are contained in the Civil Code of the Russian Federation. In particular, Article 250 of the Civil Code indicates that the owner of a room is obliged to notify neighbors in writing of his intention to sell it. The cost and terms of the transaction must be the same for everyone. Within 1 month, neighbors must report their further actions. In case of refusal, the owner of the room can enter into a deal with third parties.

Please note that if the room is sold to third parties, then you must obtain a notarized waiver of the pre-emptive right from your neighbors. If the room is being sold to neighbors, no document is required. The refusal is attached to the package of documents for registering property rights. In the absence of such a document, refusal to register the right is possible.

If the room is not privatized, then a notice of sale must be submitted to the municipal authority, which, in case of refusal to purchase, will also issue the corresponding document. An agreement on the pre-emptive right to purchase a room is not concluded; however, it should be borne in mind that the notice of intent to complete a purchase and sale transaction is a public offer, which can act as a preliminary agreement.

List of documents required for the sale of a room in communal housing

To alienate a room in a communal dwelling through purchase and sale, the following documents should be prepared:

Establishing title (a contract of sale, gift or exchange, a court decision, a certificate of inheritance or a privatization act).
Certificate of title (certificate of ownership).
Cadastral passport.
Extract from the unified state register of real estate rights.
Documents documenting the absence of debts on utility and other payments.
House book, certificate from the Federal Migration Service about the presence of registered persons.
Consent of the seller's spouse to alienate the property.
Papers proving the seller’s compliance with Article 250 of the Civil Code of the Russian Federation.
Passports of all participants in the transaction.
Approval of the sale by the guardianship and trusteeship authorities, if the owner of the home is a minor or incapacitated citizen.

Preventing conflict situations

Conflicts between the seller of a room and the owners of other rooms in a communal apartment during a purchase and sale transaction are a frequent occurrence. Let's look at the most common cases.

Neighbors avoid meetings, therefore, there is no possibility of transmitting notice of the intention to sell the room. In this case, you need to send a registered letter with a notification indicating the cost of the room and the terms of the transaction. The legislation does not define liability for non-receipt of letters. If the notice is returned marked “return”, the notary will write a letter to the registration authority.
You can entrust the entire procedure of communicating with neighbors to a notary. This will cost more, but will significantly save both nerves and time.
Neighbors create obstacles when third parties inspect the room. The solution to this is to turn to law enforcement agencies, who can bring violators to justice.
The pre-emptive right was violated and neighbors were not given notice of the sale. In this case, neighbors who want to buy a room have the right to apply to the judicial authorities within 3 months to cancel the purchase and sale transaction and transfer the right of first refusal to them.

Selling a room in a communal apartment is associated with numerous problems - from the goodwill of neighbors to contradictions in the law. Before selling, it is recommended to consult with a lawyer who deals with purchase and sale transactions of rooms in a communal apartment.

Waiver of preemptive right to purchase

In accordance with Art. 250 of the Civil Code of the Russian Federation, when selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have a pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions.

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.

Selling a room in a communal apartment without a notary

If the remaining participants in shared ownership refuse to purchase or do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person.

When selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

The above rules also apply when alienating a share under an exchange agreement.

According to the established practice in St. Petersburg, the right of ownership of rooms in communal apartments is formalized not as the right to a separate living space, but as the right to a share in the common ownership of the entire apartment. That is, all owners of rooms in one communal apartment, from a legal point of view, are participants in the common shared ownership of this apartment (co-owners). In this regard, when one of the co-owners sells his room, he must first offer to buy this room to other co-owners at a price determined by him. If one of the neighbors expresses a desire to purchase a room at the specified price, then it will be impossible to sell this room to an outsider at the same price. If several co-owners express a desire to buy a room, then the right to choose a buyer will belong to the seller. In this case, the buyer-co-owner must buy the room within a month from the day he was notified of the upcoming sale.

It should be borne in mind that only the owners of the rooms have the right of pre-emption. If a person occupies a room on any other basis (for example, under a social tenancy agreement or as a member of the owner's family), he does not have a preemptive right to purchase other rooms in this apartment.

After the seller has notified the other co-owners of the upcoming sale (exchange) of his room, he must wait a whole month. And only after a month can he sell his room to a stranger. In order to reduce this period, it is necessary to convince the co-owners to formalize a waiver of the pre-emptive right of purchase with a notary.

To formalize the refusal, it is necessary to present to the notary the passports of the neighbors and provide information about the room being sold (address of the apartment; size of the share in the right of common ownership; surnames, first names and patronymics of the sellers; number of rooms being sold and their footage; sale price).

Minor co-owners of an apartment also have a pre-emptive right to purchase rooms in this apartment. To formalize a waiver of this right on behalf of a minor co-owner, you must first obtain permission from the guardianship and trusteeship authorities. Such permission is usually issued upon request of a notary. If the child is under 14 years old, then in order to register a waiver of the pre-emptive right to purchase, one of the parents of this child must appear on his behalf at the notary with his passport and the child’s birth certificate. If the child is between 14 and 18 years old, then to formalize the refusal he must personally appear before the notary with his passport and birth certificate, accompanied by one of the parents, who also has a passport.

The process of registering waivers will be faster and easier if the interested party (the seller or his representative) provides the notary with all the necessary data in advance.

If the seller fails to convince neighbors to formalize notarized waivers of the preemptive right to purchase, then he can resort to the procedure of notifying neighbors about the upcoming sale by transmitting relevant notices to them through a notary.

Similar rules apply when selling (less) a share in the right of common ownership of other real estate, as well as movable property.

If you have not found the answer to your question on our website, then you can contact our notary office.

We will be happy to provide you with detailed information.

Transactions with communal apartments

Chapter 2. Real estate transactions - what are they?

Ownership rights to the apartment are transferred from the seller to the buyer during the transaction. Usually we talk about a purchase and sale

apartments, but there are many more types of transactions. Let us list the main types of real estate transactions.

When there are only two parties involved in a transaction - the seller and the buyer, it is called direct.

But not too many such transactions take place in St. Petersburg.
The majority of buyers seek to improve their living conditions by selling their old apartment and buying another, usually larger one. The seller, in turn, can refuse a large apartment and move to a smaller one. These types of transactions fall under the category of exchanges.
Exchanges can be
equivalent
when people move from one area to another into identical apartments.
However, it would be more correct to say at the same cost, since even identical apartments located in the same types of houses cost differently in different areas. If one of the exchange participants pays extra to the other, an exchange transaction with an additional payment is obtained.
It is transactions of this kind that prevail on the St. Petersburg market.

This is important to know: Maintenance of common property in a non-residential building

A lot of “exchange” buyers come to real estate agencies, and each one has a relatively small amount of money, which is just enough to pay the difference between the cost of the old and new apartment. Therefore, realtors have learned to create so-called “chains”.

Citizen A. sells his one-room apartment, pays extra and moves to a two-room apartment. Citizen B. leaves his two-room apartment (to which A. will move) and dreams of a three-room apartment - of course, with an additional payment. Family V., who occupies a three-room apartment, is going to move into two one-room apartments. We already have one in our “chain”. All that remains is to find a seller who only wants to sell, but will not buy anything. At least not now. Or a buyer who will move the chain forward with “real” money. This is the most primitive “chain”, with a minimum number of participants. A realtor must “unite” many more people and objects. All contracts are signed and money is transferred on the same day. All participants in the “chain,” without exception, gather under the door of the notary’s office. If at least one “link” of this “chain” changes its mind at the last moment about selling or buying an apartment (it’s not a fact that this will be an ordinary whim or stubbornness, the circumstances are different), the entire deal, painstakingly put together over months, will fall apart. Therefore, when participating in a “chain,” you never know in advance where to “lay the straws.”

One of the types of exchange transactions is long-distance exchange.

This can be done by agencies that either have branches in different cities or enter into cooperation agreements with local companies. Of course, such transactions are convenient for clients, since they do not have to waste time and money on travel. The seller (or buyer) contacts the agency branch in his city, and the selection of an apartment in another city occurs remotely, that is, agency employees accompany the transaction in two cities at once. In intercity transactions, the role of a real estate agency increases enormously, since realtors coordinate the work of insurers, banks, appraisers, and counterparties in two cities at once. (See the transaction diagram for the technology of the MIEL holding in Chapter 5.)

Quite a lot of transactions are taking place, which in real estate slang are called “alternatives” (sale and alternative purchase).

In this transaction, the client first acts as a seller and then as a buyer. While a typical sales transaction may involve two real estate agencies (one with the seller, the other with the buyer), “alternatives” typically take place at the same agency. For alternative transactions, realtors have developed a special form of service agreement: it is important that the sale and purchase occur simultaneously. At a time when prices are rising rapidly, any delay means that the proceeds will be used to buy less comfortable housing than originally expected. If an alternative agreement is concluded, the person will not end up on the street.

There are an unprecedented number of communal apartments in St. Petersburg. The people who live in them naturally want to move to separate apartments, but for this they need someone (the city administration or a private investor) to resettle the communal apartments.

Settlement

The first communal apartments and even entire houses occurred back in the early 90s. Real estate agencies distributed communal apartments at the request of clients who wanted to live in large areas in the city center. By the end of the 90s, such requests became difficult to satisfy, since the most interesting apartments had already become private property, and people with large sums of money did not want to live in the second or third courtyards of even Nevsky Prospekt.

The resettlement of “communal apartments” continues even now, only for other reasons. Houses that are undergoing reconstruction are being resettled: the city has adopted a program for the resettlement of emergency housing stock (and these are mainly communal apartments) and the reconstruction of neighborhoods built with houses of the first mass series (“Khrushchev-era” buildings that will be demolished).

Relocation is a complex and exciting procedure not only for realtors, but also for the residents of the communal apartment themselves. Imagine that 8-10 families live in an apartment. They get the opportunity to improve their living conditions at the buyer’s expense, and move away so that they no longer have to meet unpleasant neighbors in the kitchen in the morning.

For current residents of communal apartments, two points are especially important. Firstly, no resettlement will be possible if at least one inhabitant of the apartment does not agree to move or changes his mind, no matter at what stage. Secondly, a private person who decided to buy this apartment is ready to pay a certain amount of money for it. If the residents' appetites significantly exceed the planned amount, the buyer may refuse to purchase this particular apartment, and realtors will find him another one. We must not forget that the buyer still has to spend money on expensive repairs.

This is important to know: How to get a municipal apartment

As a result of resettlement, each resident of a communal apartment has a chance to move to an apartment that he likes, receive monetary compensation or a smaller area with an additional payment. Sometimes resettlement is the only opportunity for a large family of several generations to move to different apartments. Residents, as a rule, demand apartments with better conditions than those in which they found themselves before moving in. This concerns, first of all, the area of housing. In addition, many do not want to move to a different area or to new homes. Usually, resettlement requires 3–4 times more square meters than is available in the old apartment. It’s good if the potential buyer is ready for this.

Tax on property transferred to individuals by inheritance

Tax on property transferred to individuals as a gift

Since there are no noticeably fewer communal apartments, it is possible to buy a room in a shared apartment, that is, buy a share in a communal apartment. Each resident of a communal apartment has not only the right of ownership of the room in which he lives, but also a share in the remaining common areas: kitchen, bathroom, etc. The share depends on the area of the room: the more square meters the resident owns, the more his share in the common property. To sell a share in the common property, the consent of all co-owners is required. In addition, neighbors have a priority right to purchase a room. That is, the seller must first offer his room to them and only then, after a month, if all the neighbors refuse, can he put his share up for sale. The share of rooms reaches 20% of the total supply.

The apartment can also be transferred into ownership under a gift agreement

and
by inheritance.
Naturally, when a person gives an apartment as a gift, we are not talking about money, especially if we are talking about relatives. However, such a transaction must be completed with the participation of a notary. And you still have to pay tax.

How to sell a room in a communal apartment

Although we are already in the 21st century - a time of great innovations, advanced technologies, ultra-modern housing and civilized life, people still live in communal apartments in all areas of the capital and its suburbs, not to mention other cities and villages of Russia.

In the secondary real estate market, according to analysts, rooms in such apartments account for about five to six percent of offers, in contrast to offers for apartments in Podolsk from the developer. Most of the communal apartments are located in houses from even the Stalin era, which are still “showing off” throughout the country. The second place in this indicator is occupied by typical panel buildings from Khrushchev times. By the way, a room in a communal apartment is now the cheapest housing. It is approximately three times cheaper than a separate apartment of the same class. It seems that implementing a deal for the purchase and sale of cheap housing with small room dimensions will be as easy as shelling pears. But, in reality, selling a room in a communal apartment is fraught with countless obstacles.

Having decided, say, to sell a room in a communal apartment without intermediaries in Podolsk, you need to remember that you are not the sole owner of the apartment.

There is one very important legal catch here - “first right of purchase.” As stated in Article 250 of the Civil Code of the Russian Federation, it is possessed by the neighboring owners of a communal apartment, as well as by local authorities, if it is not privatized by the residents. It follows from this that before completing a purchase and sale transaction in such an apartment, it will be necessary to coordinate it with all neighbors, since they have the above-mentioned right. In this case, you are obliged to notify in writing the other owners of the apartment (potential buyers) of your desire to sell your room to someone from the outside, indicating the price and other conditions under which you are selling it. If the neighbors refuse to purchase in writing within a month, then only then will you have the right to sell your living space to any other person. The refusal is certified by a notary and attached to the sales contract documents submitted to the Federal Registration Service for state registration. However, “it was smooth on paper, but...”. Getting neighbors to refuse is only the first of many problems related to selling a room in a communal apartment without intermediaries in Podolsk.

In this article we will try to touch on all the most pressing questions and problems that the seller of an apartment room without intermediaries in Podolsk faces face to face, and, if possible, give fairly well-founded answers to them.

Situation 1

Neighbors were asked to buy a room in a communal apartment or refuse priority right to purchase. But they haven’t done either for two months now. Is it possible in this case to sell the room without their consent?

You can make an offer, but will there be demand?

The Civil Code of the Russian Federation states that after one month, the owner of the room receives the right to sell it to any other buyer. However, if the buyer does not have consent from his future neighbors, problems arise with state registration of ownership of the future living space. According to Article 24 of the Law of the Russian Federation “On State Registration of Rights to Real Estate and Transactions with It”, in order to register ownership of a share (room) in common shared property (apartment), documents must be available on the consent of neighbors (shared owners) for such registration . If they are not there, registration is suspended for two months. During this time, the Fed Office notifies neighbors so that they submit their objections to this registration. If they do this, the service refuses to register the buyer and invites the parties to go to court. If no objections are received within the specified period, then the ownership of the buyer of the room is registered. In short, the buyer can either agree to overcome the above difficulties by achieving mutual understanding with the neighbors, or refuse the deal.

Situation 2

Three-room communal privatized apartment. One of the neighbors agreed with the proposed price for the room. And the other wants to buy living space at a lower price, otherwise he will not agree to the sale. What to do?

Nothing! Calmly sell the room to a neighbor for whom the price suits, because the right of first refusal only applies to cases of selling a room from an apartment in the Podolsk region to an outside buyer.

This does not apply to the process of registering the buyer's title, as discussed above. If a disagreeing neighbor refuses this, you can safely sue him. It is unlikely that he will have any solid arguments or objections against the court.

Situation 3

The owner of a room in a communal apartment offered his neighbors to buy their living space for a large sum of money. They did not have that kind of money, and the notary signed the corresponding documents of refusal. The neighbor sold the room. Somewhat later, the neighbors found out that the actual price of the room was much less than the stated price, and they could have purchased it. What should they do in such a situation?

The neighbors need to file a lawsuit to transfer the rights and responsibilities of the new owner of this room to them. If the court satisfies it, it will recognize the plaintiffs' ownership of the sold room and, by the way, will oblige them to pay back to the unfortunate owner the price at which he actually purchased this apartment from the former owner.

They must keep in mind that from the moment of receiving information about a violation of the rights of neighbors, a claim is filed in court within a three-month period. In court they will have to prove that the former owner of the room initially offered them to buy housing from him for a larger sum of money. Here, the presence of a written form of the transaction, as well as the content of the documents drawn up by the notary, will be of great importance. In addition, the seller and buyer can present to the court evidence of the actual price paid, that is, evidence that a different price was paid for the room. So, there is an opportunity to sue the sold room.

Situation 4

A little over four years ago, a neighbor went missing. His relatives are not known. He himself was unemployed and suffered from alcohol addiction. His room is currently unoccupied. Recently we looked at new buildings in Podolsk and decided to move to a new apartment. How to sell your part in a two-room apartment? The apartment has been privatized

In order to carry out a transaction with an apartment, you need to submit an application to the court to consider a case to recognize a neighbor’s citizen as a missing person. When submitting an application, it should be noted that such a decision is necessary to carry out a transaction for the sale of a share of joint real estate. The Civil Legal Legislative Code establishes a provision according to which a decision to recognize a citizen as missing is made on the basis of confirmed data on his unknown absence at the place of permanent registration within one calendar year. A police certificate about the search for your missing neighbor can be presented as evidence. The transaction for the sale of shared ownership can be carried out immediately upon the entry into force of the judge’s decision. In this case, a copy of the court decision is provided to the registration authorities, which must contain the seal and personal signature of the judge who made this decision.

Situation 5

A question. We are the owners of a share in a privatized apartment. We want to sell our room. We sent a notice to the neighbors by registered mail, but they refused to pick it up. According to the law, if the joint owners have not purchased the residential space within a calendar month from the moment they received and signed the notice, then the shared owner has the right to sell the residential space to other buyers. A year ago, after looking at new building areas in Podolsk, we moved into a new apartment. The room in the old three-ruble ruble was used by neighbors with “neighbourly rights”. Now the situation is uncertain. What can be done? Thank you!

If a notification of delivery of a registered letter is sent back, then this notification after a month can be considered a document confirming the desire of the neighbors to sell the room to another owner. If such a notification was not returned or the letter was returned due to the fact that no one received it at the post office, then you can send your neighbors a registered valuable letter with a mark for postmen - “hand over personally to a citizen ...”. This option involves delivery of a letter by a postal worker directly to the recipient’s apartment and delivery against a personal signature. The receipt mark contains information about the delivery date and the addressee. Even if this time there are no reactive actions from the neighbors, the transaction can be completed without breaking the law only after 31 days, that is, a calendar month.

Situation 6

A difficult situation. I used to live in a dorm room, but I sold it. The new owner did not complete the documents properly. And now all receipts for utility bills come in my name. Payment for services has not been made for more than a year; housing and communal services workers filed a lawsuit against me and assessed fines for late payments. I myself have been living in a new apartment for a long time in a new building area in Podolsk. What grounds can I have for protection?

If you do not have registration at your place of residence in your old home, are not the owner of this room, and have also kept the sales documents (agreement), then you have every right to refuse these payments. In court, you will need to demonstrate documents confirming the described factors. The utility service doesn’t care who to sue or collect payments from. Therefore, if a verdict is rendered in your favor, all assigned payments must be redirected to the new owner

Situation 7

The room in the shared apartment was received from the grandmother under an inheritance will. Since we recently purchased an apartment from a new building in Podolsk on credit, we decided to sell the room we received. The neighbors made unpleasant demands that the living space be sold to them for next to nothing, otherwise they threatened to refuse consent to register property rights. What can be done in this situation?

You can be denied registration and file a claim in court. As a rule, the decision is made in favor of the real estate seller. This is due not only to expediency, but also to the imperfection of the legal article on this issue. It should be noted that the relevant legislative projects have already been prepared for consideration. After the adoption of the amendments, it will be possible to register and sell residential properties received as a result of an inherited will or gift without the consent of neighbors. Therefore, the second option is to simply wait to register until the relevant bill is adopted.

Situation 8

I live in a communal apartment. I have a relative with me who is registered at this address. I recently looked at new buildings in Podolsk, I want to buy an apartment. Is it necessary, in order to sell this room to a relative, to obtain a mandatory waiver from the neighbors?

This depends on how the living space was registered - as shared ownership or as a separate living space. In the first case, it is mandatory to notify neighbors of the intention to sell the living space and give them the right to purchase a room within one month. In the second case, their permission is not needed. That is, you can sell your room to anyone, regardless of the wishes or demands of your neighbors to sell the living space to them.

Situation 9

The room that is for sale is not privatized.

Features of the purchase and sale of an apartment that is jointly owned by several persons

FEATURES OF PURCHASE AND SALE OF AN APARTMENT WHICH IS JOINTLY OWNED BY SEVERAL PERSONS

Ownership rights of several people arise when:

— inheritance of an apartment by several heirs;

— privatization of a communal apartment; — acquisition (privatization) of an apartment after marriage and until its dissolution; — investing money in the purchase of an apartment by several people; - privatization of the apartment by all family members living in it at the time of privatization.

The acquisition of common property rights raises many difficulties. As practice shows, owners cannot agree on the maintenance and use of their common property, especially if it is indivisible property and it is difficult to allocate shares in kind.

Differences between shared and common ownership of an apartment?

There are two different types of common property: common property in common and common property in common. In the first option, by right of ownership, the property belongs to several persons (with the determination of the share of each). In the second option, the shares are not defined.

When does ownership (common share) arise?

Based on the legislation of the Russian Federation, common ownership of property is recognized as shared ownership, except in cases where the law establishes the emergence of the right to joint ownership of this property. An example of common shared ownership rights is a privatized communal apartment.

Can common joint property become common shared property?

Participants in common joint ownership can convert ownership from joint property to shared ownership. This transfer can be made with the consent of the participants who have the right of joint ownership . The document must be in writing and must be certified by a notary. In the agreement, the owners are required to clearly define the shares due to each of them.

Features of the right to dispose of common shared property?

The peculiarity of the ownership of an apartment , which is based on the right of ownership - common share, is that several persons can be the owners at once. When taking any actions in relation to this property, it is necessary to coordinate them with all co-owners. An agreement must be reached. In the case of apartments, all participants in common shared ownership cannot sell their share, even if they have received consent to do so. A prerequisite for completing this transaction is the allocation of a share in kind. An exception may be communal apartments.

FEATURES OF THE AGREEMENT OF PURCHASE AND SALE OF A ROOM IN A COMMUNAL APARTMENT

What right of ownership arises in communal apartments?

According to the law, a communal apartment is owned by common shares. The shares correspond to the rooms assigned to each. Common areas are considered common property.

What do you need to sell your room in a communal apartment?

Before you sell your room in a communal apartment, you need to decide on the shares in the common areas. To do this, you need to draw up an agreement between the owners, which must be certified by a notary.

If the co-owners were unable to reach a common agreement or they avoid participating in it, each of them has the right to sue.

How can you sell a room in a communal apartment without a share in the common areas?

Your room and the common areas of the apartment cannot be separated from each other, as they are interconnected. Your share in common areas belongs to the owner and follows the fate of the main thing.

Are there possible restrictions when making a purchase and sale transaction for your room in a communal apartment?

To sell your room in a communal apartment, you need to know that there are some restrictions:

1) transactions (purchase and sale), in which the resettlement of citizens leads to a deterioration in living conditions, may be declared invalid by the court at the request of other owners.

2) People whose residence is not permitted by current legislation (for example, people suffering from severe forms of illness) move into a communal apartment.

What does the right of first refusal to purchase a share in a communal apartment actually mean?

If you suddenly want to sell your room in a communal apartment, you will be subject to the law on the right of first refusal to purchase your share to the other owners of the communal apartment. This means that if you, the owner of a room, want to sell it, you must first offer it to other owners.

The remaining owners will have the right to buy this share at a certain price and under certain conditions under which it will be sold. In the event that the owners refuse to buy your room, you can sell your apartment to anyone you want, but only a month after the other owners have been notified.

Which owner has priority when exercising the right of first refusal?

All owners have the same right of first refusal. If a dispute arises between neighbors, the right to acquire a share arises with the one who first concluded the agreement.

In what form should neighbors be notified of the pre-emptive right to purchase a room?

Notice of the sale of a share in common ownership must be made in writing.

Notice of the sale of your share can be sent by registered mail. If there are conflicting relations between the owners, and you are not sure that the neighbors are in good faith (they will not refuse the fact of receiving the notice), then you can submit an application to a notary. All notary offices perform such an action as transferring an application to the owner.

No one of the participants in the common property has the right to transfer his right of first refusal to persons who are not the owners.

What to do when a room in a communal apartment is sold in violation of the right of pre-emption?

If the pre-emptive right to purchase is violated and the room was sold without notifying the neighbors, then each of the participants in shared ownership has the right to demand the transfer of the rights and obligations of the buyer to him. This requirement can be asserted in court.

About painful things. Refusals of neighbors from the pre-emptive right to purchase a room.

What does it mean?

This means that the room is not someone’s property, and therefore the state acts as the seller. The functional rights and responsibilities for the sale of vacant residential space fall on the work of the Department of Municipal Residential Space and the implementation of the housing policy program. The special city commission on the privatization of living space and on the management of the maintenance of housing stock apartments determines the cost of vacated premises in each specific case. After this, residents are notified with an offer to buy the vacant room. Persons registered at this address and permanently residing in this apartment can be approved as buyers. In this case, it does not matter who this person is in relation to the living space of the apartment - the owner of individual premises, a shared owner or a tenant of the room. Priority for purchase approval is given to those owners who need to improve their living conditions. There are other criteria for selecting applicants for living space. Disputes are resolved by court order. If among the described category of persons there were no people willing to purchase a room from an apartment in the Podolsk region, then it can be sold to anyone.

Situation 10

They wanted to sell a room in a privatized apartment, but did not have time to receive a refusal from their neighbor, as he died untimely. Now the notary confirms the purchase and sale agreement. What can you do?

The notary in this situation relies on legal grounds. The right of shared ownership together with the right of priority redemption will be inherited by his relatives. They, in turn, must register their rights before making transactions. Heirs will be able to register a neighbor’s room in their name only after six months have passed from the date of issuance of your neighbor’s death certificate. If the neighbor has no heirs, then his property is transferred to the state fund. However, this will not happen immediately, but only after the necessary time to find heirs.

This article examined the most typical cases of difficulties associated with the sale of shared ownership (rooms, apartments). However, as practice shows, there are many more disputes based on transactions with shared real estate, and the situations can be the most unclear and complex. In any case, one should not forget about the rights of neighbors who are co-owners. They have priority in selecting applicants for sale. In circumstances where the opinions and wishes of neighbors are not taken into account, the transaction may be declared invalid in court.

The cost of a room in a communal apartment or dormitory is much less compared to full-fledged separate housing, and if you correctly fill out the required documents in this case, you can get a good amount of space. But the legal side of the matter will be literally exhausting: in order to obtain permission to purchase and find a truly legal object, it will take a lot of effort and time.

Preliminary agreements – creating a favorable legal environment for the purchase

The main condition is that the purchased room must be privatized, but it is not at all necessary that the hostel as a whole or the entire communal apartment be privatized.

If the choice falls on a privatized communal apartment, you can buy a room in it only if none of the neighbors claims it. The fact is that legislative norms provide for the so-called first priority rule.

Communal apartment: how to quickly and correctly sell a room

It lies in the fact that when the owner of space in a communal apartment wants to sell this real estate, the neighbors can buy it first.

An outsider can enter into a transaction only if the neighbors have written a notarized refusal to purchase. If you try to purchase real estate in circumvention of this rule, neighbors may go to court and force the deal to be annulled.

What to do if the property is not privatized?

If a potential buyer decides to pay attention to a privatized room, which is part of a non-privatized communal apartment or dormitory, the legal registration of the sale and purchase will be complicated. In this case, the property owners will be the city authorities, and all issues regarding the transaction will have to be resolved with them, naturally, after receiving the appropriate permission from the neighbors. Thus, the Kashirskoe hostel or any other, theoretically, may well be a good option for purchasing budget housing, but you will have to be patient - this deal cannot be finalized quickly.

There is another, not at all common, option, and its legality is still the subject of debate - the acquisition of non-privatized space in a non-privatized communal apartment. In principle, it can be purchased from the local city administration, but in order for the newly-minted owner to have the right to sell or exchange it in the future, the room will need to be privatized, which also leads to additional time and financial costs.

Is it possible to take out a mortgage to buy a room?

There is a minimal range of bank mortgage programs here; the buyer has practically nothing to choose from. Financial institutions are already reluctant to issue such loans, and if the housing has poor-quality communications, wooden floors and lacks the required amenities, the mortgage will most likely be denied.

In this case, many people take out non-targeted loans secured by property, and this method is acceptable if there is another movable or immovable object that is of interest to the bank, but you need to keep in mind that the interest on the loan will be extortionate. If the hostel was once a service building, you need to make sure that it has been transferred to the residential category, and find out if the property has any encumbrances or restrictions.

The legal side of the transaction to purchase a room in a communal apartment or hostel, unfortunately, has not yet been fully thought out by the legislator; the process is complex and labor-intensive. Provided that, in principle, the decision of purchase and sale formalities falls on the shoulders of the seller, the buyer will still have to carefully double-check all the documents provided - it is better to entrust this to an experienced lawyer.

How to sell a room in a communal apartment? This question arises for anyone who at one time invested in real estate in this way and for those who have a room as a result of privatization. I’ll say right away - from January 1, 2020, this will be even more difficult and more expensive to do than before.

According to the Civil Code of the Russian Federation (Article 250), in the event of the sale of a share in real estate or a room in a communal apartment, your neighbors have the right of first refusal. That is, first of all, you must offer to buy them.

The state assumes that in this way the number of communal apartments should naturally decrease. But so far it’s not working out very well. And primarily because it is usually impossible to come to an agreement with neighbors. For some reason they want to buy much cheaper...

So, what do you need to do to sell your room to a stranger (not your neighbors)?

Property deduction for a communal apartment

As a rule, the purchase of a communal apartment occurs in parts. First, a room is purchased from one owner, then a second from another owner, etc. And only then, when all the rooms have been purchased, ownership of the apartment is registered as a single object. Let's see what nuances you need to pay attention to when applying for a property deduction for a communal apartment.

Deduction for individual rooms

When purchasing housing, citizens have the right to a property deduction for personal income tax in the amount of actual expenses incurred, but not more than 2 million rubles. (Subclause 1, Clause 3, Article 220 of the Tax Code of the Russian Federation). Its re-provision is not allowed (Clause 11, Article 220 of the Tax Code of the Russian Federation). However, if a citizen has used the right to a deduction in an amount less than its maximum amount, the remainder can be taken into account when receiving a deduction for other residential properties (subclause 1, clause 3, article 220 of the Tax Code of the Russian Federation). This procedure applies to objects acquired after January 1, 2014 (letters of the Ministry of Finance of Russia dated 04/05/2018 No. 03-04-05/22261, dated 03/29/2018 No. 03-04-05/20078, etc.).

Example
A citizen purchased rooms in a three-room communal apartment: the first in 2020 for 900,000 rubles; the second in 2020 for 800,000 rubles; the third in 2020 for 950,000 rubles.
A citizen can claim a deduction in parts: for 2020 - in the amount of 900,000 rubles, for 2020 - in the amount of 800,000 rubles, for 2020 - the remainder of the deduction in the amount of 300,000 rubles. (2 million rubles – 900,000 rubles – 800,000 rubles).

For housing purchased before January 1, 2014, the rules for granting deductions that were in force before 2014 apply. In accordance with them, the deduction could be obtained only for one object (a residential building, apartment, room). Therefore, if in the example considered, a citizen bought the first room in 2013 and used the right to deduct it, he would no longer be able to use the remainder. And since repeated provision of the deduction is not allowed, the citizen would have no grounds for receiving a deduction for the remaining rooms (letter of the Ministry of Finance of Russia dated April 20, 2018 No. 03-04-05/26655).

Apartment as a single object

Let's consider a situation where a citizen claims a deduction after he has bought all the rooms in a communal apartment and registered ownership of it as a single object. The Russian Ministry of Finance believes that since the apartment was not purchased as a single object, a deduction can only be claimed for the rooms in it (letters dated December 28, 2011 No. 03-04-05/9-1113, dated May 16, 2011 No. 03-04-05/ 7-355). However, the Supreme Court does not agree with this approach.

In the case considered in the Ruling of the Supreme Court of the Russian Federation dated December 27, 2017 No. 81-KG17-24, a citizen bought rooms in a two-room communal apartment in 2006 (one in August, the other in October). In 2014, she registered ownership of the apartment as a single object and at the end of that year, she submitted a personal income tax return to the inspectorate, in which she claimed a deduction for the apartment. The tax authorities refused the deduction. They motivated their refusal by the fact that the apartment as a single object was not purchased by the citizen. And the rooms purchased in 2006 were not included in the number of residential properties for which the deduction is provided.

The courts of first and appellate instances supported the tax authorities. But the Supreme Court stood up for the citizen. He noted that in fact in 2006 there was no right to deduct for rooms. It appeared to citizens only on January 1, 2007. However, the courts did not take into account that, having bought two rooms in 2006, the citizen became the sole owner of all the premises in it. Since in Art. 220 of the Tax Code of the Russian Federation refers to the provision of a tax deduction when purchasing real estate precisely in order to satisfy the need for housing; when interpreting this norm, the courts had to take into account the provisions of the Housing Code of the Russian Federation. It follows from them that an apartment is a structurally separate room in an apartment building, providing direct access to common areas in such a building and consisting of one or more rooms, as well as auxiliary premises. In this case, a room is considered to be a part of a residential building or apartment intended for use as a place of direct residence for citizens. Thus, since in 2006 the citizen acquired the right of ownership to all residential premises in the apartment (two rooms), therefore, she purchased the apartment. This means that she has the right to claim a property tax deduction for it.

The Supreme Court also indicated that the legislation does not establish a deadline for applying for a property tax deduction in the event of the acquisition by individuals of residential houses, apartments, rooms or share(s) in them. Therefore, the citizen had the right in 2020 to claim a deduction for the apartment purchased in 2006.

On January 26, 2020, the Federal Tax Service of Russia, based on this Supreme Court Ruling, posted on its official website information that when purchasing all the rooms in a communal apartment and registering them as a single object, citizens can receive a property deduction for it. The information indicates that you can purchase a communal apartment if there are different owners of the rooms only by purchasing them separately. Taxpayers also noted that, according to the Determination of the Constitutional Court of the Russian Federation dated April 15, 2008 No. 311-О-О, taxpayers independently decide when and for what object it is more profitable for them to claim the right to deduction.

The case we described is included in the Review of legal positions reflected in judicial acts of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, adopted in the first quarter of 2020 on taxation issues, which was sent by letter of the Federal Tax Service of Russia dated April 11, 2018 No. SA-4-7/6940 to lower tax authorities for use in their work.

Summarize

A citizen has the right to claim a deduction for a communal apartment as a whole or for individual rooms included in it. If all the rooms were purchased after January 1, 2014, the order in which the deduction is claimed (by room or by apartment as a whole) is not important. In any case, the citizen will be able to fully exercise his right to deduction. If some of the rooms were purchased before 2014, in order to fully use the right to deduction, it is better to wait until all the rooms are purchased and the rights to the apartment are registered as a single object. Then, by declaring a deduction for the apartment (and not for the rooms), it will be possible to take into account the costs of purchasing all the rooms in it (within the maximum allowed deduction amount).

Option 1

Having already decided on the price of the room and the terms of sale, you need to officially (preferably through a notary) offer to buy it to your neighbors.
The notary notifies neighbors of your proposal and records their responses. It happens (rarely) that neighbors are ready to come to a notary and write a refusal to purchase. But most often you have to wait a month. Moreover, a month from the date of receipt of the notice of sale. What is very difficult to do is that the neighbors put a spoke in the wheels and avoid receiving it in every possible way.

Tip : If you bought a room as an investment, try to establish relationships with all your neighbors. It will be too late to do this for resale.

After a month has passed from the moment all neighbors receive an offer to purchase a room, the notary sums up the results. If none of them has expressed a desire to buy the room on your terms, you can sell it to a third-party buyer.

Advice : If relations with your neighbors are no longer going well, you should not warn them that a notice of purchase is due. This way, you have a chance that your neighbors will immediately receive the document, rather than having to run and hide from the postman.

From January 1, 2020, transactions for the sale of a room to a third-party buyer (not neighbors) must be carried out through a notary. Before this, they could be done in simple written form, but now it won’t work. This, of course, is an additional expense for notary services, which needs to be discussed in advance with the potential buyer.

Tip : To send offers to buy a room to your neighbors, choose the same notary through whom you will conduct the purchase and sale transaction. This way you will avoid additional costs and additional unnecessary steps.