Selling, buying a room in a communal apartment in 2023: documents, procedures, what you need to know - how to quickly sell a room in a communal apartment

You need to sell your room in a communal apartment, we will not touch on the reasons for this decision, we will focus on how to do it.

Selling real estate is already a difficult matter, but in our case the seller only owns a share in a communal apartment . You either have to wait a long time for a suitable client, or sell the room at a significant discount.

But how to sell a room quickly and not make a mistake? Let's try to figure it out.

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

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Where to begin?

A communal apartment is the common property of several citizens, each with their own share in the apartment and in the common household, which includes corridors, bathrooms, and a kitchen..

First of all, you need to find out how such transactions are made, the procedure, what documents will have to be drawn up and determine the cost of the room.

Rules for selling a room in a communal apartment

When starting a sale, we determine the cost of the room we own. You can do this in three ways:

• Invite independent appraisers, for example, realtors . After conducting an assessment, they will give you a price for which the existing property can be sold. And it’s your right to agree with this price or not.
• Expertise of a specialized organization . The option is interesting in that the assessment is documented. It is possible that the buyer may need appraisal documents when applying for a loan for this property.
• Evaluate yourself.

In the latter case, the assessment is quite simple. It is necessary to compare the prices prevailing on the market for a similar product.

When assessing yourself, you need to take into account factors that affect the cost of the room:

1. The floor on which the apartment is located . Upper and lower floors reduce the cost.
2. The area of ​​the apartment itself, room, kitchen. Naturally, the larger it is, the higher the price.
3. Availability of auxiliary premises : utility room, pantry, combined bathroom or not, area of ​​corridors.
4. What is the condition of the room and the apartment as a whole, the condition of the house itself?.
5. District infrastructure . Are there shops, schools and kindergartens nearby, and are public transport stops far away? The price of real estate in an area with developed infrastructure, including utilities, is higher.
6. Neighbours . Their characters, relationships with them and the like. However, we can say that the fewer neighbors, the higher the cost.

If the housing was not maintained in proper order, no repairs were made to the house, apartment, or room, then it will be difficult to sell such real estate.

Procedure

In order to sell our room we will have to do the following:

• Rate her.
• Prepare for sale.
• Find a buyer.
• Complete the necessary documents.
• Make a deal.

You may be interested in the article, an agreement on determining shares in an apartment - we are drawing up a sample, you can read about it here.

Preparation

If necessary, you will have to make repairs to the room, that is, bring it into proper condition.

Then you must fulfill one mandatory requirement of the law. Article 250 of the Civil Code of the Russian Federation. The seller must fulfill the requirement of this article .

The law requires that the seller of a room must first offer to buy it to his neighbors, the owners of the remaining premises. This is their pre-emptive right.

Only after the neighbors refuse can he sell his property to third parties.

If the neighbors refuse the ransom, the refusal must be documented. It must be certified either by a notary or at the registration chamber.

In this case, the presence of each refuser is required. His signature on the document is certified .

We invite you to download a sample notice of sale of a room: Download the form.

For a number of reasons, for example, a neighbor prevents the sale of a room in various ways, it can be difficult to get consent to a deal from other residents of the communal apartment, but there is a way out of this situation; you will have to be patient and wait a month before selling the room.

You need to do the following:

1. Find out at the registry office who exactly is the owner of the premises in your communal apartment.
2. Specify the addresses of the owners.
3. Draw up notices that you are selling a room (2 copies per owner).
4. Send them by registered mail (preferably with return receipt requested).
5. Create your mailing list.
6. Have the register certified by a postal worker . Be sure to put a mail stamp on the document (register) and indicate the date of mailing.

Whether your neighbor agrees or not to purchase a room from you, he must answer you in writing. Duration – 30 days.

During this period, you can do other things. For example. Prepare documents.

What documents are needed?

To make a sale you will need:

• Certificate of ownership of the room;
• Registration certificate;
• Help - F 9 (about registration);
• Receipt for payment of utilities.

You can also prepare a purchase/sale agreement. That is, we submit the prepared documents to the registration chamber and draw up an agreement.

• While the chamber is considering your papers, the deadline for responding to notifications will expire.
• After this, you can submit the mailing register and copies of notifications to the chamber and look for a buyer.
• There are two ways to sell a room:

1. With the help of a realtor. At a cost, but quickly.
2. On one's own. To do this, we place advertisements and wait for the client. It will take more time, but the transaction costs will be less.

Which method to choose depends on the owner. We will not give advice in this case.

Consent of neighbors or waiver of pre-emptive right to purchase

What does a notice of sale of a room in a communal apartment contain?

After contacting the owner, there is a message that the notifying citizen is the owner of a share in the apartment, a full description of the share, then an offer to buy it, using the preemptive right (Civil Code, Article 250). A link to the Civil Code is required .

Finally, please agree or refuse the purchase within 30 days.

Read the article, valuable tips: how to quickly sell an apartment during a crisis here.

The refusal is given in writing. It must indicate that the citizen (full full name, passport details, where he lives) received a notification from the citizen (full full name).

1. The following is the content of the notice, the owner is selling his share (its size) in the common property, which is located, you need to indicate the exact location of the apartment, at such and such a price.
2. Next, the refuser informs the seller that by this application, letter or notice he waives his right to pre-emptive purchase of the share (link to Article 250).
3. It must be indicated that the text of the letter was read by the refusenik personally and it was read aloud to him.

Next is the signature of the refusenik. It is given with a transcript. Next is the signature of a notary or an employee of the registration chamber, and a seal.

We invite you to download a sample waiver of the pre-emptive right to purchase a room in a communal apartment: Download the form.

What does the owner of a room need to know before selling it? We invite you to watch the video.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: It's fast and free!

Selling a room in a communal apartment 2023: to a neighbor and without consent

Transactions with communal real estate are considered quite complex. In some cases, even an experienced realtor takes a lot of time to obtain all the necessary approvals. Before conducting such a transaction, you need to study all the features that are hidden in the sale of a room in a communal apartment.

What to pay attention to first

It is necessary to start with the main nuances that determine the high complexity of this transaction. The seller should note that:

• neighbors must be notified of the sale of a room in a communal apartment (preemptive right);
• Sometimes it is necessary to have a transaction certified by a notary.

Before buying and selling, it is also necessary to find out who is the title owner of the room in the communal apartment. This can be done by ordering a current extract from the Unified State Register of Real Estate.

IMPORTANT. Only the owner can sell a room in a communal apartment. If the statement indicates a municipality (for example, a city or rural settlement), then the transaction will not take place.

Read more about what features there are when you buy a room in an apartment below.

Pre-emptive right to purchase

This means that neighbors in a communal apartment (owners of other premises in a communal apartment) have the opportunity to buy the room first before any outsider. In this case, compliance with this condition is the responsibility of the seller.

IMPORTANT! The Housing Code establishes an independent basis for the emergence of a preemptive right - the sale of premises in a communal apartment. It differs from the case when it is necessary to sell a share, because the room may also be under personal ownership.

Ignoring the requirements for pre-emption will lead to the cancellation of the transaction based on the claim of interested parties.

If neighbors decide to sell the entire apartment to one buyer, there is no need to notify each other about the sale. In this regard, selling a communal apartment is completely easier.

Consent of neighbors

The preemptive right is exercised by sending a notice of the sale of a room in a communal apartment and an offer to buy it at a set price. In response to a notification, there are three possible reactions:

• buy out a share;
• provide a written refusal;
• They don't react at all.

In the last two cases, the seller has the right to begin the alienation of real estate to any third party. The term “consent of neighbors” is used in everyday life precisely to indicate compliance with pre-emptive rights. However, the law does not require a document called “consent to sell” for a transaction.

Is it possible to sell without the consent of neighbors?

If you do not notify your neighbors, the transaction simply will not be registered with Rosreestr. But even if the registrar misses this point, interested parties will have the opportunity to cancel the sale through the court, taking all the rights of the buyer to themselves.

As a result of the trial, the neighbor will become the new buyer of the apartment, and the former owner will have to return the money to the third party, as well as compensate for damage caused by these circumstances.

At the same time, practice has developed the following strategies that do not require consent to sell:

1. Through the conclusion of a gift agreement. Instead of a purchase and sale agreement, citizens enter into a deed of gift, and the money is paid according to a receipt (most often issued as a loan).
2. A loan agreement is drawn up, which is secured by collateral in the form of premises in a communal apartment. Next, the transfer of ownership of the lender (buyer) to the housing is formalized to pay off the loan debt.

You need to understand that, if desired, both the deed of gift and the loan can be declared invalid through the court as sham transactions. This will bring even more problems than the usual non-compliance with the pre-emptive right.

It is much safer to respect all the rights of your neighbors and carry out the sale in full compliance with the law.

Do you need a notary in 2023?

When purchasing and registering a purchase and sale in 2023, a notary may be needed to perform the following actions:

• send notarial notices of priority rights to neighbors;
• formalize notarized refusals of neighbors to purchase an apartment;
• certify the transaction if we are talking about the sale of a share.

Notarized notifications to neighbors are one of the ways to enforce the right of pre-emption. Some regions require a notarial form, but according to the law, proof of compliance can also be a simple written document. Having received a refusal to register with reference to the lack of a notarial form of notification, the seller has the right to appeal it in court as illegal.

Waiver of the pre-emptive right to purchase is formalized through a notary or directly with the registrar when submitting an application to register a transaction. For notarization, your neighbor needs to bring the received notification of the sale of a room in a communal apartment and your passport. The notarial waiver is then provided to the registrar.

IMPORTANT! It is not necessary to indicate in the contract that in addition to the premises in a communal apartment, the buyer is transferred a share in the right of common shared ownership of common areas (kitchen, bathroom). The share will be transferred automatically, and the parties will be able to avoid notarization.

Selling a room in a communal apartment: step-by-step instructions

To complete the transaction, the following procedure for selling a room in a communal apartment applies:

Find a buyer and discuss the main details of the transaction

It is necessary to discuss the terms of the future transaction with the potential buyer, including the price of space in a communal apartment, payment procedure, and the deadline for concluding the main contract.

If the consent of the neighbors is a simple formality, then a preliminary purchase and sale agreement can be concluded.

If there is a possibility that one of the neighbors will exercise the pre-emptive right, then it is safer for the seller not to accept the deposit and not to sign documents with the buyer at this stage in order to avoid problems in the future.

Notify neighbors about the right of first refusal

To do this, you need to identify the title owners of rooms in a communal apartment by ordering a current extract from the Unified State Register of Real Estate. If the owner is a municipality, then the city (village) administration must be notified.

Notification of the sale of a room in a communal apartment must be in writing. There are the following notification options, including those that affect how quickly you can sell a room:

IMPORTANT. If the notice is sent by mail, then the recipient’s address can be indicated according to his registration (legal address - for companies), and if it is not known, then at the location of the room.

If there are problems in relations with neighbors, the neighbor does not want to make contact, it is recommended to contact a notary or combine the methods of sending by mail and through a notary.

Receive a refusal or wait until the deadline to respond expires

Article 250 of the Civil Code of the Russian Federation establishes that from the date of receipt of the notice the period for a response is 30 days. During this time, the neighbor must express his decision in writing - grant a refusal or buy the property.

The refusal is issued in a notary office on a special certificate. The neighbor must take to the reception the notice and passport received from the seller, on the basis of which the specialist will prepare an application. Having received refusals for housing from the owners (owners), signed by all owners, the owner of a room in a communal apartment does not have to wait until the end of the month, but complete the transaction.

If the neighbor ignores the notice and does not receive it, then you should simply wait until the deadline expires and then sell the room. For cases of sending by mail:

• the seller sends a registered letter with notification, receives a track code for tracking;
• from the moment the letter arrives at the post office, the storage period begins - 30 days;
• After the expiration of the retention period, you must begin counting the 30-day response period.

If the notice was submitted through a notary, he will independently calculate all the deadlines.

IMPORTANT! According to the law, it is important not to deliver the notice, but to send it - therefore the seller should not worry about the receipt of letters by the addressees.

Prepare documents for the transaction

The documents must be prepared according to the list presented below. Each one is designed differently. How to apply - general recommendations:

• the agreement and the deed of transfer are prepared in three original copies;
• all documents printed on 2 sheets or more are stapled;
• in some regions it is necessary to personally certify copies with the inscription “Copy is correct / date / signature / transcript”;
• It is necessary to make copies of all originals, except for the agreement and the deed of transfer (copies will go into the registration file).

Each region has its own rules regarding the procedure for accepting documents, so it is recommended to clarify this point with the office where you plan to submit the papers.

Submit documents for registration to Rosreestr and wait until it is completed

Documents for registration are submitted personally by the parties to the transaction or their representatives under a notarized power of attorney. Personal participation is required, otherwise the documents will not be accepted. You can submit papers through:

• MFC (“My Documents”);
• Rosreestr directly;
• notary in electronic form (if he certified the transaction).

The registration fee is 2,000 rubles, usually paid by the buyer, but sometimes by the seller or both in half (depending on the wishes of the parties). If registration is through a notary, you will need to pay an additional 1,500 rubles for this service.

The registration period will be from 5 to 14 days when submitted through the MFC or Rosreestr, and only 3 days when registering electronically.

Final payment for the room

The law provides for several different payment methods. The moment can also be any: full prepayment, installments, deferment or full payment immediately after registration.

All options are acceptable, so the parties always choose the most convenient procedure.

What documents will you need?

This is one of the most important questions when making a transaction. Whether the registration is successful depends on the correctness of the documents. The list of documents for selling a room in a communal apartment includes:

1. Agreement for the sale and purchase of a room in a communal apartment.
2. Transfer deed.
3. Consent of the seller's spouse to sell (if the seller is married).
4. Information on compliance with the pre-emptive right (evidence of notification or notarial refusals).
5. An extract from the USRN for the room being sold (or a certificate of ownership).
6. Technical plan of the room.
7. Information about those registered in the room.
8. Certificate of absence of debt for housing and communal services.
9. Receipt for payment of state duty of 2,000 rubles.

In some cases, additional documents may be needed, so it is recommended to check the final list with the regional Rosreestr or the nearest MFC.

Sample notice to neighbors

The finished notice must contain the following information:

• Full name of the owner of the room and full name of the neighbor;
• an accurate description of the room (as in the future contract);
• Selling price;
• an indication of the existence of a pre-emptive right.

It is important to indicate the same price as in the future policy, otherwise the notification will be considered invalid. Additionally, you can specify the payment procedure and other terms of sale.

You can download the notification form here.

More information about the purchase and sale agreement

The contract must contain a number of mandatory clauses that are necessary to give it legal force. These include:

1. Full name of the parties.
2. Description of the room - the subject of the contract.
3. Selling price.
4. List of persons who have the right to use housing (for example, by testamentary refusal).

Without any of the above conditions, the contract will be considered invalid. The remaining conditions - the procedure for payment and transfer of the apartment, terms, responsibility of the parties and guarantees of the seller, ensure a balance of interests of the parties. If they are not spelled out in the text, then the law will apply.

A mandatory addition to the contract is the transfer deed.

Is it possible to sell housing with other registered persons?

The sale transaction itself with registered persons is not prohibited by law. It should be remembered that these persons will have the right to use the room until they are deregistered, which entails some risks for the buyer, especially if there are minors among them.

IMPORTANT! All persons registered in the room must be listed in the purchase agreement.

Conclusion

To properly sell your room in a communal apartment, you must follow the rules of sale. First of all, they relate to compliance with the preemptive right of purchase of neighbors, as well as the collection of supporting documents. Using the recommendations and forms given in the article, any citizen can quickly sell a room in a communal apartment.

We are waiting for you for a free consultation with a lawyer if you have any questions. Record in a special form in the corner of the screen.

• You can find out more about a mortgage for a room and the procedure for such a transaction below.
• We are waiting for your questions and will be grateful for your like and repost.

The procedure for selling a room in a communal apartment

Home / Apartment / Communal apartment

Selling a room in a shared communal apartment is one of the most complex legal transactions with real estate.

Firstly, the owner of the room must be the owner of the alienated property, since the room can only be sold in a privatized communal apartment.

Non-privatized housing is the property of the municipality, and it cannot be sold, since commercial transactions with non-privatized residential real estate, including rooms in a communal apartment, are prohibited by law .

Secondly, the neighbor who owns the room must take into account that the other neighbors of the communal apartment, by law, have a pre-emptive right to purchase the alienated room.

To ensure the implementation of this legal requirement and avoid possible adverse consequences in the future, the seller must strictly follow a specific procedure for obtaining the consent of neighbors to sell his room.

Thirdly, the sale of a share in a communal apartment has many legal nuances and legal difficulties, so you need to very carefully study the entire procedure for selling such property, and, if possible, use the help of a qualified specialist who has conducted similar transactions with a room in a shared communal apartment.

Stages of selling a room in a communal apartment

To sell a room that is part of a communal apartment, the owner needs:

1. Determine the terms of sale, including price;
2. Draw up (preferably notarized) a notice of the terms of sale, which indicates the assigned price, and send it to all owners of rooms in a shared communal apartment;
3. Collect the package of documents required for the sale of residential real estate;
4. If the room belongs to several owners, you need to obtain permission from them to sell the common room, certified by a notary;
5. Discharge all residents from the room and obtain the appropriate discharge certificate from the passport office;
6. Draw up a contract for the sale and purchase of a room and conclude a deal.

How to get neighbors' consent

In most cases, the problem when selling one of the rooms in a shared communal apartment is precisely to ensure the neighbors' preemptive right to sell their home, since many neighbors deliberately delay the sale process.

It is immediately worth noting that the consent of neighbors in a communal apartment to the sale of one of the rooms is not at all necessary. The seller only needs to have evidence that he has complied with the law and first of all offered his neighbors to buy his room. To do this, the seller must notify in writing of the intention to sell the room:

• neighbors who are the owners of other privatized rooms in a common communal apartment;
• the district administration or the authorized Housing Committee - if one of the neighboring owners lives in a communal apartment under a social tenancy agreement (in this case, the owner from a legal point of view is considered a municipal entity);
• department of guardianship and trusteeship of the district - if the owner of one or more rooms in a common communal apartment is a disabled person or a minor citizen.

Notifying neighbors of the intention to sell a room, indicating the assigned price and terms of sale, can be done in two ways:

• independently draw up a notice in writing and send it to your neighbors in the communal apartment by registered mail with notification;
• use the help of a notary to draw up the relevant notice.

The seller may, in his notice, contact the neighboring owners of the communal apartment with a request in writing to refuse to purchase the relevant room.

If such a refusal is received, it must be formalized either by the registration authority or certified by a notary.

In this case, the seller may no longer comply with the one-month period established by law for neighbors to express their desire to buy the room offered to him.

If the neighbors do not respond within 30 days, that is, the period established by law, from the date of receipt of the notice, this is equivalent to a refusal. From now on, the owner of the room can sell his property without the consent of his neighbors.

If one of the neighbors has expressed a desire to purchase a room, the seller does not have the right to sell his housing in a communal apartment to an outsider. In this case, it is necessary to conclude a purchase and sale agreement with the neighbor.

A situation is possible when several neighbors who own rooms in a common communal apartment give their consent to the acquisition of the alienated room. In this case, the question of who to sell the room to must be decided at the request of the seller, since the right of first refusal applies only if there is an intention to sell the room, which is part of a communal apartment, to an outsider.

Neighboring owners have a preemptive right only to purchase an apartment; they have no other prerogatives (regarding the price or terms of purchase). This means that neighbors can buy a room that is part of a communal apartment only for the price set by the seller.

In this case, the buyer of the corresponding room also needs to be careful. The contract must indicate the actual transaction price.

Many sellers, wanting to avoid taxes, offer to indicate a reduced price for the property in the contract.

By agreeing to such conditions, the buyer of the room exposes himself to significant risk, since the transaction may be contested at the request of the neighbors (if the price in the purchase and sale agreement is lower than in the notice).

Find out what rules of living in a communal apartment exist and what the law provides for their violation.

Documents for the sale of a room that is part of a communal apartment

To register the sale of a room, the owner needs to collect the following documents:

• passports of all citizens participating in the relevant purchase and sale transaction;
• certificate of discharge of residents from a room in a communal apartment;
• a notice of intention to sell a room with the terms of sale and the price of the room indicated therein, sent by registered mail to other owners of rooms in a shared communal apartment (this is necessary if the buyer is an outsider and not one of the neighbors);
• contract of sale;
• an extract from the BTI with an explanation;
• cadastral plan of the alienated residential premises;
• act of acceptance - transfer of the room;
• title documentation for the room;
• notarized permission to make a sale from other owners of the room;
• permission from the guardianship authorities if one of the owners of the room being sold is a minor.

If the neighbors prevent the sale of the room

The situation is more complicated if the neighbors deliberately prevent the sale of the room or there are other objective reasons when sending a notice is problematic (for example, the neighbors do not live in this communal apartment and it is impossible to find them).

Neighboring owners who for some reason do not want one of the rooms to be sold to an outsider may deliberately avoid receiving written notice of the sale of the room. Accordingly, in the absence of a mark on receipt of this document, the seller cannot exercise his right to sell real estate.

The best way to resolve such an issue is to try (through a notary, courier service or other means) to deliver the written notice. If this is not possible, you can draw up a gift agreement instead of a purchase and sale agreement.

Within this scheme, the seller of the room can do the following:

• receive money from the buyer, but draw up not a purchase and sale agreement, but a gift agreement;
• draw up a gift agreement for only a small part of your share in the name of a potential buyer, and then offer him, as your neighbor in a communal apartment, who has become the full owner of the share, to buy the entire room.

Using these schemes, it is worth considering that such a transaction at the request of neighbors can be recognized as void, although in this case it will be very difficult for neighbors to prove the sham of the transaction. However, if possible, try to use a legal mechanism for selling a room in a shared communal apartment.

How to sell a room in a communal apartment in 2023?

A transaction for the sale of a room in a communal apartment can hardly be called simple. In this case, the law gives the priority right to buy it from the owner who wants to sell it to the owners of other rooms. You should also consider whether the room is privatized.

Housing owned by the municipality cannot be sold according to law. Other difficult issues may arise, so before deciding on a deal to sell a room, you need to study the regulatory framework and consult with specialists.

Below you will find answers to the questions: is it possible to sell a room in a communal apartment and how to sell a room in a communal apartment in 2023?

Question from readers: Is it possible to sell a room in a non-privatized apartment? In short, no! Why, we recommend that you read - What is public housing?

Step-by-step instructions for selling a room in a communal apartment

Before selling, you must be guided by Article 42, paragraph 6 of the Housing Code, which states that

“When selling a room in a communal apartment, the remaining owners of rooms in this communal apartment have a pre-emptive right to purchase the alienated room in the manner and under the conditions established by the Civil Code of the Russian Federation.”

The algorithm can be divided into the following stages:

1. Determining the terms of sale, clarifying and establishing the cost of the room.
2. Notifying neighbors as priority potential buyers. To do this, a notice is drawn up specifying the terms of sale and price.
3. Clarify the list of documents required for the transaction and collect them.
4. If there are several room owners, notarized permissions from each will be required.
5. Check out everyone registered from the room, and at the same time obtain a statement from the management company or passport office stating that there are no registered people in the living space.
6. Draw up a transaction agreement and sign it by the parties to the agreement.

Form of contract for the sale and purchase of a room in a communal apartment

Sample preliminary contract for the purchase and sale of a room

You can read more about filling out a contract for the sale and purchase of a room in a communal apartment in this article.

Sample notice to neighbors about the sale of a room in a communal apartment

Selling a room to a neighbor

The desire to buy a room by neighbors in a communal apartment is a response to notification and agreement with all terms of purchase. Moreover, all neighbors have an equal right to purchase. The main thing is to do it right.

All conditions for the transaction must be written down in the preliminary agreement, where a clause must be drawn up indicating a month’s period for the other neighbors to make a decision.

The calendar month that begins from the date of delivery of the notices is of fundamental importance.

If only one of the neighbors wants to buy the room after this period, you can sign a transaction agreement with the conditions that were specified in the notice.

Another option is to want multiple neighbors. Then you have the right to announce an auction and sell the home to the highest bidder.

To outsiders

Before posting an advertisement for the sale of a room, you must first notify all neighbors. Therefore, care must be taken to notify each of them.

Refusal to purchase a room must be certified by a notary or an employee of the Rosreestr authority.

Notification methods:

1. Personally. The notices can be delivered to neighbors living in the rooms in person, but with a note on your copy indicating the date of receipt.
2. By post with notification. It will be marked with receipt or refusal of delivery. The calendar month can be counted from this date. All evidence of notifying neighbors will need to be included in the package of documents submitted to Rosreestr for registration of the transaction.

It is likely that the seller has a third party in mind who wants to purchase the room. Then it is necessary to seal it with a preliminary agreement. After a month has passed and none of the neighbors have declared a desire to buy the room, you can safely sell it to a third party.

Clarification of issues related to the consent of neighbors

The problem with obtaining consent from neighbors is often cited as a problem with such a transaction. It is a legal obligation to notify them of your intention to sell the room. Therefore, the seller will act illegally if he refuses this procedure and the transaction may be declared invalid.

It should be clarified that you do not need to obtain the consent of neighbors in a communal apartment. The requirement is only a notification and an offer to buy the room at the indicated price.

To do this, the seller must notify of his desire to sell the room:

• all neighbors - owners of other rooms;
• guardianship and trusteeship authority, if one of the owners of other rooms is a minor or incapacitated.

Neighbors can express their refusal to purchase in writing, having it certified by a notary. Then there is no need to wait for the mandatory month period to expire. The situation when neighbors during this period did not express their desire to buy the room being sold is also equivalent to refusal.

The pre-emptive right of neighbors applies only to the priority purchase of living space. Therefore, they can either agree to the terms and price set by the neighboring seller, or refuse the purchase.

Contract for the sale of a room in a communal apartment

The law does not establish a strict form for purchase and sale agreements. Therefore, the preparation of this document follows generally accepted standards.

Transaction - Do you need a notary?

Notarization of the transaction for the sale of a room in a communal apartment is not required, but there are a number of significant points:

• in case of sole ownership of a room in a communal apartment (one owner), the agreement is drawn up in simple written form;
• the sale of a room in common shared ownership requires notarization of the transaction;
• a room on the right of common joint ownership (owned by spouses) can be sold under a simple written agreement. It is necessary to obtain the consent of the second spouse to the transaction, certified by a notary.

What documents will be required?

To sell a room that is part of a communal apartment, the owner will need to collect a number of documents:

• identity cards of the parties to the transaction;
• a certificate stating that no one is registered in the room;
• a notice that the owner intends to sell the room, with neighbors’ notes on receipt or refusal of receipt (extremely important if the buyer is an outsider who is not one of the neighbors);
• extract from the personal account;
• documents confirming ownership (certificate or extract from the Unified State Register of Real Estate, purchase and sale agreement for a room with a transfer deed);
• if there are several owners of the room being sold, it is necessary to obtain their notarial permission for the transaction;
• if the owner or one of the owners of the room is a person under the age of majority, permission from the guardianship and trusteeship authorities will be required.

Tax

Taxation of real estate sold is subject to the norms of the Tax Code of the Russian Federation. It is necessary for everyone who owned the property to calculate and pay tax to the budget on income received:

• less than three years for housing purchased before 2016;
• less than five years for housing purchased after 2016.

The tax rate is 13%, but will not be taken from the entire amount of income received, but from the difference after applying one of the tax deductions at the seller’s choice:

• 1 million rubles. For example, a room was sold for 1.3 million rubles. To calculate the tax, it is necessary to reduce it by 1 million rubles. and from a difference of 300,000 rubles. tax will be calculated at a rate of 13%;
• for the amount of expenses incurred. For example, a room was purchased for 1.3 million rubles and after a year of ownership was sold for 1.4 million rubles. The difference will be 100 thousand rubles, from which tax will be charged.

If you own a room for more than a specified period and sell it, personal income tax is not subject to accrual and payment to the budget.

Read more here - What tax do individuals need to pay on the sale of an apartment?

Underwater rocks

Among the significant nuances of a transaction for the sale of a room in a communal apartment are:

1. Issue price . The seller can sell the living space only for a price equal to or higher than that specified in the notice. The buyer must pay attention to this point. If the contract price turns out to be lower, the neighbors have the right to challenge the deal.
2. Neighbors are against the sale . They may hinder the transaction for various reasons and refuse to receive notification. Another option is when they do not live in the apartment and it is not possible to find one. Without notification, you simply will not be able to exercise your right to sell the room.

It is advisable to try to serve the notice by any means: by mail, courier service, through a notary, etc. If you refuse to receive it, there will be a mark indicating this (the postal service puts it on the postal notification accompanying the letter). It will serve as proof for Rosreestr of what you tried to deliver.

It is more difficult with that neighbor who does not appear for years and may even be considered missing. This can only be done in court if there is no information about the neighbor during the last year.

Video: Selling a room without the consent of the neighbors!

Selling a room in a communal apartment without a notary

Selling a room in a communal apartment is a longer transaction than a regular one and a little more complicated. That is why the parties turn to a notary and unjustifiably overpay. But in most cases the law does not require mandatory certification of such a transaction by a notary.

Article updated 24.08. 2023

This transaction cannot be completed quickly, since other owners of rooms in a communal apartment have a priority right of purchase over third parties and an equal right of purchase with other owners.

Let's take a closer look:

Selling a room in a communal apartment

Selling a room in a communal apartment and completing the transaction in general is no different from selling an apartment.

It is only necessary to observe the order of purchase rights. Neighbors have the first right of purchase, subject to other equal conditions of the transaction - the price of the room, the availability of installment payments, conditions of release, size of the deposit, terms of the transaction, etc.

Read more: Pre-emptive right to purchase

Housing Code of the Russian Federation:
“When selling a room in a communal apartment, the remaining owners of rooms in this communal apartment have
a preferential right to purchase the alienated room in the manner and under the conditions established by the Civil
Code of the Russian Federation.”

In accordance with the requirements of the Civil Code of the Russian Federation, the owner of a room in a communal apartment must notify his neighbors about the sale, indicating the terms of the transaction.

What conditions must be specified?

• Room price, deposit or advance
• Payment terms: simultaneous full payment, installments, deferred payment, payment according to schedule.
• Conditions for releasing a room: after full payment or at other times.

The terms of sale cannot be changed! Otherwise, a new notification to neighbors is required.

Transaction form. Do you need a notary?

• If you own a room in a communal apartment alone . Your purchase and sale transaction is formalized by a contract in simple written form.

• If the ownership of the room is carried out on the basis of common shared ownership , that is, the right to the room is registered for two or more owners - the transaction is certified by a notary until July 31, 2022.
  (the changes have entered into legal force). After this date, the alienation (sale, donation) of a room in shared ownership can be formalized by a purchase and sale agreement in simple written form, subject to the simultaneous alienation of shares by all participants under one agreement? Changes in the law > > >

• If the ownership of the room is carried out under the right of common joint ownership by spouses, the sale of the room is formalized by an agreement in simple written form.

• Attention!
• If your share in the right to common property in a communal apartment is registered, this circumstance does not mean that your transaction must be certified by a notary.
• Register the sale of only a room and there is no need to include common property in a communal apartment in the purchase and sale agreement.
• The share in the right to common property “automatically” passes to the new owner.

Selling a room in a communal apartment to a neighbor

All neighbors have an equal right to purchase your room on equal terms.

Of course, you have the right to sell to someone who will pay more or offer other, more favorable conditions for you.

If several neighbors have announced their intention to buy a room, announce an auction. Whoever offers the best price buys.

When selling a room in a communal apartment, the owner of another room does not need to provide evidence of notification of neighbors to Rosreestr.

Selling a room in a communal apartment to a stranger

Before you put your room on the real estate market, offer it to your neighbors.

Often the owners of the rooms do not live in them and communication with them is lost, think about how you will notify them.

If there are non-privatized rooms owned by the municipality, then the administration of the locality must also be notified of the sale, since it also has a priority right of purchase over third parties. A notice of sale may take up to 30 days to process.

In order not to lose a third-party buyer, you need to draw up a Preliminary Agreement with him, which describes the terms of the transaction and, of course, the possibility of priority purchase by neighbors, if the period of their notification does not exceed a calendar month.

The notification form and more details about the notification read > > >

If your notice was not delivered to the addressee, that is, he did not receive it, or deliberately evaded it, it will be returned to you with a note about receipt at the addressee's post office. From this date we count the calendar month and can sell to someone else.

We provide Rosreestr with receipts for sending correspondence.

Donating a micro share

Notifying neighbors is often the most difficult part of the deal. Previously, to eliminate this procedure, the parties resorted to donating a microshare of the room . Thus, the Donee became the primary buyer and the obligation to notify neighbors was eliminated.

Now this approach is becoming risky.

-Why?

-After registration of shared ownership on the basis of the Share Donation Agreement, the need arises for notarization of the alienation of the larger share.

Notaries, as a rule, see an imaginary transaction (of a gift) and refuse to certify the contract for the sale of a larger share of ownership of the room.

And the seller of the room finds himself in a very unpleasant situation - it is impossible to sell the room at all!

Assess these risks.