Allocation of shares in residential premises owned by several owners

The division of premises is a special procedure through which several new ones are formed from one property. This procedure can be carried out in relation to absolutely any object, from a separate room to a huge building. The reasons for division may be different, most often the need arises before making various transactions with non-residential real estate.

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How to divide a room or building into two separate parts?

Non-residential premises or a building can be divided into several parts if they are in shared ownership (Article 244 of the Civil Code of the Russian Federation). According to the legislation of the Russian Federation, such a division is possible if one of the following conditions is met:

All owners of this property have provided voluntary consent to the division in writing and notarized.
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The division is carried out through the courts.

Requirements for dividing premises

Speaking about the regime for the use of shared non-residential property, it should be noted that such a regime will be established by a joint use agreement.

An example of an allocated share with specific meters and a link to a specific room would be a multi-room apartment (communal apartments are still a very common phenomenon in Russia), in which each room has its own owner.

If an agreement is reached between all co-owners of non-residential premises on its division, then current legislation provides for the division of non-residential premises on the basis of a written agreement. This agreement specifies between whom it was concluded, who and on what basis owns a share in the non-residential premises, and to whom and which premises are allocated.

When dividing a house, the court indicates in the decision which isolated part of the house is specifically allocated and what share in the house it constitutes. It is also indicated which auxiliary buildings are transferred to the allocated owner.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Agreement on the division of non-residential premises in shared ownership [place of conclusion of the agreement] [day, month, year] [F.I.

The GARANT system has been produced since 1990. and its partners are members of the Russian Association of Legal Information GARANT.

In cases where there is no protest from other co-owners of commercial real estate, the participants in shared ownership may enter into an agreement allowing the allocation of specific property shares.

A co-owner also has the right to demand payment of compensation to him in the event of a disproportion between the property allocated to him and his share in the right of common shared ownership of non-residential premises.

Agreement on the allocation of a property share in the house. It is necessary to invite the other co-owners of the residential building to draw up an agreement to allocate a property share in the housing in kind. All owners of this property have provided voluntary consent to the division in writing and notarized.

Step-by-step instruction

Where to contact?

There is a certain sequence of actions:

The first step (in the case when everything happens on a voluntary basis) is to draw up a special document - “Agreement on the division of non-residential premises.” This document describes in detail how the premises will be divided and the conditions of this process.
Then you need to contact the BTI and call a technician, who, after inspecting the premises and taking measurements, will produce new technical plans and technical passports for each selected part.
Order cadastral extracts from Rosreestr.
Apply with a complete package of documents to the local branch of Rosreestr.

If there is no way to voluntarily divide the non-residential premises, or it is not possible to reach an agreement by mutual consent, then you will have to go to court in order to forcefully divide the real estate in the future. Then, on the basis of a court ruling, it will be possible to apply to the BTI.

Documentation

To complete the division procedure, the following documents will be required (provided for by Federal Law No. 218-FZ):

An application to Rosreestr, which must contain a request to terminate the right of common shared ownership of this non-residential premises and to register individual ownership for each part (in accordance with technical passports). All owners sign the application.
Agreement on division of premises.
Title documents for this (original) object.
Technical and cadastral documents for the original object.
Extract from the Unified State Register of Real Estate.
Technical documentation for new objects (parts of non-residential premises).
Copies of passports (of all applicants).
Receipts for payment of state duty (separate for each part).

applications for termination of the right of common shared ownership of non-residential premises
applications for termination of the right of common shared ownership of non-residential premises

What are the financial expenses?

The following expenses will be incurred:

Payment of the state fee for registration of property rights is 2 or 22 thousand rubles, depending on whether the applicant is an individual or a legal entity.
Payment of the state fee for registration of property rights is 2 thousand rubles (from an individual) or 22 thousand rubles (from a legal entity).
Payment of the state duty for the production of a technical passport is 1200 rubles (if required urgently, then 2.5 thousand rubles).

How long should I wait for an answer?

After contacting Rosreestr, new documents confirming ownership will be issued within seven working days.
If the application is made through the MFC, the documents will be ready in nine working days.

What is given at the end of the procedure?

At the end of the procedure, the owners (each for their allocated part) receive:

Separate cadastral numbers (how the number of non-residential premises is assigned during cadastral registration is written here).
Extracts from the Unified State Register of Real Estate, which reflect information about the new premises that were formed as a result of the division and about the owner (certificates of ownership are not currently issued).

The division is considered completed once the rights of each owner are registered. Simultaneously with the cadastral registration of new objects, registration actions must also be carried out.

It is worth remembering that after dividing the premises into parts, the rights of shared ownership are retained (Article 250 of the Civil Code of the Russian Federation). Based on this, each co-owner has the right of first refusal in the event of the sale of one of the shares.

Agreement on the allocation of a share in kind in common shared ownership

However, in addition to the norms of the Civil Code of the Russian Federation, when deciding on the division of shares, it is also necessary to take into account the norms of the Housing Code of the Russian Federation (for example, in natural cases), the Land Code of the Russian Federation (when allocating a share of a land plot), as well as regional by-laws. The main requirement set by the legislator for an agreement on the division of property in kind is voluntary consent.

However, in addition to this, it is also necessary to ensure that the premises are isolated from each other and have a separate entrance (in the case of land plots, a driveway). If everything is quite simple with plots of land, then in residential and industrial premises it is often necessary to carry out redevelopment, which must be approved and, accordingly, new technical documentation must be obtained from the BTI.

If there are more than two co-owners of a property, then it is allowed to allocate a share in kind to only one of them.

How to behave in case of refusal?

When conducting a legal examination, based on the documents provided, Rosreestr may decide to register and register ownership of the property of interest, and may also suspend or refuse to complete this procedure.

If the applicant is refused registration, the document must detail the reasons for this decision. It is necessary to contact a cadastral engineer, who must correct all the indicated shortcomings and errors and then independently send the corrected documents to the necessary authorities.

As a result, we can conclude that the division of non-residential real estate is certainly a long and difficult process. You need to be patient and comply with all legal requirements, take into account all the nuances. It is best to try to agree with the remaining co-owners to make a division by mutual consent. If you go to court, the procedure may be delayed, and the financial costs will be higher.

Read more: How to restore a deed of gift for an apartment if lost

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Real estate transactions are individual, and therefore each of them has its own implementation scheme. Sometimes dividing the room into several parts can solve the problem. We will look at how to divide non-residential real estate into two parts in this article.

Various transactions with residential and non-residential real estate require a variety of legal support. Sometimes it is very difficult to manage shares in large premises. And in this case, the situation can be resolved exclusively through the official division of real estate into two parts.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at 8(800)-350-30-02 (the call is free for all regions of Russia)!

Required documents

To obtain permission for the repair and construction work planned under the project, the following documents are required:

Statement from the owner. This application is sent to all state authorities. bodies that participate in the preparation of the relevant decision.
Originals and notarized copies of documents that confirm the official ownership of the relevant object.
Constituent documents for legal entities, as well as their copies certified by a notary.
Written consent to carry out the planned work from the manager of the relevant building.
Documents provided to the owner by the BTI.
A project compiled by a specialized organization.
If the object will be used in a different function than it was previously, then official confirmation may be required about the possibility of its further use for “new” purposes. The owner needs to contact the state. authorities to obtain permission from the sanitary inspection, fire department, etc.
State property insurance contract.

You may be interested in: Options for redevelopment of a one-room apartment: the best ideas for expanding space and functional use

The period for issuing a decision on the owner’s application is 30 days.

What prevents the division of non-residential premises into parts?

The division of non-residential premises provides for the legislative division of the object into several parts, each of which receives a separate cadastral number and a separate certificate of ownership.

The division of premises is not necessary for every transaction that is carried out with parts of the premises. But in the case of renting, buying, selling or subleasing an object, division is mandatory. This will help settle the terms of the transaction and optimize their preparation.

In addition, it is recommended to carry out the division procedure before conducting mortgage transactions. This is due to the fact that with mortgage agreements, part of the non-residential property cannot participate in the transaction. Under such conditions, it is possible to lease out only certain parts of the premises as independent real estate units.

If a non-residential property occupies several floors, then the law establishes the rule that individually they can be rented out (short-term or long-term), but cannot take part in mortgage agreements, unless each floor receives technical documents, including cadastral documents number and certificate of ownership.

The state does not limit the process of dividing premises. It can be divided into as many parts as required, and in the future, during any operations, the owner has the right to dispose of his property interests at his own discretion.

How to divide non-residential premises into two separate ones?

But cadastral documents can only be obtained after the owner contacts the authorized bodies and registers the premises with the cadastral register. As soon as the application is reviewed, a cadastral document will be issued for each individual part of the property, which is the result of registering the property.

In addition to the cadastral passport, other documents are also required. In particular, since 2012, in order to put a premises on the cadastre, it is necessary to initially obtain a technical plan of the building with a specific premises marked on it, which will be subject to registration. Only a qualified cadastral engineer can make this diagram, but on the condition that he has the ability to reserve his actions using an electronic digital signature.

A technical plan can be submitted for registration in 2 options:

The specialist sends the plan using the official Rosreestr portal. In this case, he will be required to endorse the document with his electronic signature;
The specialist can transfer the plan on electronic media (disk, floppy disk, etc.) to the customer, who independently submits it to Rosreestr. Once again, the cadastral engineer must provide his digital signature before handing over the media to the customer.

At the same time, the rule is established that in the case of dividing a non-residential property, it is necessary to use the second option, in which the customer independently brings the technical plan to the competent authorities.

The owner of the premises or their proxies can act as the customer, but subject to the availability of appropriate confirmation reserved by a notary. Particular attention should be paid to the text part of the power of attorney; it should provide the representative with maximum powers to resolve emerging problems.

Separately, it is worth noting that when dividing the premises, several technical plans must be submitted. Therefore, each plan must be issued for a specific part of the non-residential property. Customers can also provide such plans with the help of multifunctional centers, which are present in almost every large city.

Due to bureaucratic difficulties, situations sometimes arise when registration does not go through on the first try. In this case, it is necessary to submit the request a second time and wait for a verdict from the Cadastral Chamber. It is worth noting that the verification is very serious, and any inaccuracy may cause refusal of registration. Therefore, in order to avoid getting into a similar situation, it is necessary to contact only qualified engineers with an impeccable reputation for drawing up a technical plan.

What to do if the division of non-residential premises is refused?

Having received a refusal to register, the customer will also receive a document describing the reasons for such a decision. After the engineer corrects the document, he is obliged to resubmit it independently using the Rosreestr portal and a digital signature. The review period remains the same and is 18 days. After the deadline, the customer must personally contact the multifunctional center and receive cadastral documents if a positive decision is made.

Once the cadastral documents have been received, the second stage of the process begins. It is necessary to obtain a certificate of ownership for each part of the premises. When submitting, it is worth operating with new data, namely the area of each part of the room and its border. The main basis for confirming ownership is the cadastral passport, which contains information about the division of the object and has a technical plan based on new data.

The last step towards completing the procedure is the application for termination of ownership rights. This application is submitted to the Federal Service for State Registration, Cadastre and Cartography. Gradually, this part of the process is transferred to multifunctional centers. For example, since 2014, Muscovites can submit an application to the MFC.

Redevelopment in separately located non-residential premises

For owners of non-residential premises that are located as a separate building, obtaining permission for redevelopment is much easier. Let's look at all the steps step by step:

first, the owner needs to develop a redevelopment plan, which is carried out by a highly qualified specialist;
a specialist assesses the condition of the building itself, its walls and the possibility of carrying out the desired redevelopment;
then the specialist draws up a drawing with the redevelopment, as well as a description of the materials that will be used to implement it;
after completion of the design work, the owner receives a ready-made plan;
the owner submits a redevelopment plan to the MFC or to the public services portal, along with an application and documents establishing ownership;
is waiting for a response from the government agency about the possibility or prohibition of carrying out work on redevelopment of non-residential premises.

When can non-residential premises be divided into two premises?

In accordance with current legislation, the division of non-residential premises is possible only if the resulting parts of the object are considered suitable for living. But it is worth considering a small nuance - rooms cannot be divided into shares.

Read more: How to obtain Moscow registration for citizens of the Russian Federation

In order for an object to be recognized as residential, it must meet the following requirements:

The premises have access to heat, water and electricity;
The room has natural light (that is, there must be windows);
The area of the property is at least 12 square meters for each owner.

How to divide non-residential premises into parts: grounds

Legislative standards of the Russian Federation provide that the division of one property into several parts can be carried out if one of the following grounds exists:

Division of real estate through the courts;
Voluntary consent of all owners of the premises to the division and execution of the corresponding consent in writing in a notary’s office.

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The ability to carry out a division is provided for by law only for homogeneous real estate objects. Consequently, the building can only be divided into several rooms. The premises are an independent object of cadastral registration, therefore, they can be formed within the boundaries of the building or separated from another premises, while it is necessary to take into account the rules established by Federal Law No. 218 “On State Registration of Real Estate”.

The nuances of creating premises in a building

The formation of premises occurs due to the internal volume of the building. In order for the newly formed premises to be recognized as an independent real estate object, during the construction work it is necessary to achieve compliance with two characteristics - isolation and isolation. To do this, the formed premises are demarcated from the rest of the building.

Signs of isolation and detachment include the following:

newly formed premises will be considered isolated if they are delimited from the rest of the building by building structures (walls, ceilings, etc.) and have a separate entrance;
To isolate a room, it is necessary not only to delimit it from the rest of the building, but also to arrange its own access to common areas or to the street.

To divide one room into several new ones, redevelopment or reconstruction is most often carried out. The procedure for approving construction work will depend on its content - for redevelopment you do not need to obtain a building permit. It also matters in which building the division takes place in an apartment building or in a non-residential building.

When constructing a building, including an apartment building, cadastral registration takes place after the object has been put into operation. Since the design documentation initially provided for the formation of premises within the boundaries of the building, they will also be registered in the cadastral register during the initial application. For this purpose, the characteristics of the building and each formed room are recorded in the text and graphic block of the technical plan.

After the building is registered, the formation of new premises can occur through the division or allocation of existing premises. To do this, the following rules are observed:

Allocation occurs only when a share is allocated in kind - a new independent premises is formed, and the original object changes its characteristics (at the same time, the building itself is not removed from cadastral registration). The allocated premises become independent real estate objects;
during division, the original object loses its existence, and in its place two or more new premises will be registered. The division of a structure (building) is also a frequently used operation in the real estate sector and such a procedure requires a professional and high-quality approach.

The cadastral division of non-residential premises is carried out in accordance with legal requirements and the correct preparation of the technical plan will affect the speed of work completion and registration. Just like a division, there is a combination of premises into one property. The united object must also be isolated and separate.

What is the difference between a room and a building - a room is always an integral part of the building. A building can exist without premises registered in it, but premises cannot exist without the building in which it is located. Exceptions include cadastral errors and errors in the USRN information. Information about a building or premises may have been distorted and incorrectly entered into the Unified State Register of Real Estate during the transition period of 2013. Unfortunately, owners of buildings and premises have to correct such errors themselves at their own expense.

For commercial buildings, subdivision and subdivision are carried out in a fairly standard manner. Even if it is necessary to coordinate redevelopment, it is easier to do this in non-residential buildings. If we are talking about part of a residential building as a piece of real estate, for such cases there is a special procedure for approving any changes, which may be accompanied by lengthy procedures for obtaining permits from various regulatory authorities. Technical premises in a residential building, even if it is located in the part where commercial premises are located, are not subject to division, because Most often, such premises require the placement of special equipment or devices.

Now we often encounter the following questions from clients: a new house according to documents, a non-residential building. This is due to the fact that the construction of apart-hotels is gaining popularity. The premises in them are sold as apartments, while the building itself and the premises in it are commercial real estate. If part of a residential building as a real estate object undergoes approval according to the rules of the Housing Code, then for apart-hotels all approval procedures are the same as for commercial buildings.

When dividing and allocating, the technical plan is also of key importance - on the basis of this document, the owner will be able to carry out accounting and registration in Rosreestr.

Expert commentary . The law also provides for the possibility of creating temporary premises that will not be recognized as full-fledged real estate. For example, when renting out part of a building or non-residential premises, the area may be delimited by temporary walls or partitions. In this case, there is no question of the formation of a permanent object, and Rosreestr will carry out temporary cadastral registration for the lease period. Since 2017, such accounting is possible only when registering a lease or other encumbrance on part of the property; it is now impossible to conduct temporary accounting without registering a transaction on it.

If you need the help of experienced specialists and cadastral engineers to carry out the formation, division or allocation of new premises, please contact. We will carry out a full range of technical work on real estate, and help you register ownership of the newly created premises.

Procedure for shared use of the building

In this case, the regime for the operation of premises in non-residential real estate must be established by concluding a special agreement “on joint use” by all co-owners. The first step (in the case when everything happens on a voluntary basis) is to draw up a special document - “Agreement on the division of non-residential premises”. This document describes in detail how the premises will be divided and the conditions of this process.

Most importantly, the initial section and the planned sections derived from it, which appear as a result of the division, must comply with the standard established by the regional regulations.

How is the allocation of a share in kind carried out in non-residential premises? How is the agreement for participation in shared construction completed?

Shared ownership of various real estate objects should be considered such cases when, for some reason, property is registered by several people at once.

Let us note that the agreement on the allocation of a share in kind is drawn up on the basis of full consensus of all participants in the common ownership.

If there is an indisputable relationship between the owners, the agreement on the actual division of a residential building can be certified by a notary.

How to arrange the formation of premises

The creation of new premises within the boundaries of the building occurs by decision of the owner. Accordingly, if non-residential premises are divided into several new objects, such a decision must be expressed by all owners on the right of shared ownership.

Read more: Housing rental agreement between individuals 2018

The results of construction work, after drawing up the act, must be recorded in the technical plan. To do this, the owner of the object performs the following actions:

after signing the act, you need to apply for the preparation of a technical plan of the building, as well as each changed or created non-residential premises;
the engineer carries out cadastral work - requests USRN information and archival documentation of the BTI (technical passport of the building and premises, floor plans, etc.) - if necessary, conducts an actual survey of the property;
as a result of the inspection, the engineer establishes the following parameters - the area and location of each room within the building, the presence of enclosing elements and structures, door and window openings, etc.;
if a building is registered for the first time with the simultaneous formation of premises, it is necessary to carry out cadastral work on the land plot - surveying will allow determining the location of the building on the site and its coordinates;
The engineer records the results of cadastral work in the technical plan - a text description of the characteristics is filled in, the resulting premises are reflected on the floor plan of the building, diagrams and drawings are drawn up.

The technical plan is the basis for applying to Rosreestr - registration occurs at the request of the owner or the parties to the lease agreement. The formation of a premises, division or allotment will be considered completed from the moment the cadastral registration information is entered into the Unified State Register. For each independent property, the owner will receive an extract from the register.

Expert commentary . Since 2020, the law obliges each property to be registered - otherwise, any types of transactions will be prohibited. To submit documents to the cadastre in a timely manner and complete purchase, sale or rental transactions, please contact. Our company’s engineers will provide services and carry out cadastral work and land surveying, quickly draw up a technical plan, which will serve as the basis for registration in Rosreestr.

Redevelopment of non-residential premises in a residential building

Owners of non-residential premises located in a residential building receive permission for redevelopment much less often than in the first case, because when one wall is displaced, the load on the entire building changes and this can lead to bad consequences. In this case, it is very important to find a highly qualified specialist to develop a redevelopment plan, because the decision of the government agency largely depends on this. The specialist carries out a number of works in order to create the correct redevelopment plan, for example:

assesses the condition of the building walls;
directly at the location of the building and all the necessary documentation, assesses the possibility of moving a wall or expanding the room;
creates a sketch of the proposed redevelopment and agrees with the owner.

After all work has been carried out at the site, the specialist creates a detailed plan for the redevelopment of non-residential premises and transfers it to the owner.

Further, all actions are performed by the owner himself. He collects all the necessary documentation and, together with the redevelopment plan, submits an application to the MFC during a personal visit or electronically through the public services portal, attaching photocopies of the entire package of documents. Upon completion of the review of the application, a positive or negative response will be issued.