Refusal to purchase a share in an apartment (sample)

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The sale of a share in privatized housing is possible only if there is an official refusal of other owners from their right of pre-emption.
To avoid any disagreements in the future, it is important to formalize the refusal correctly, taking into account all the legal subtleties.

Let's take a closer look at how the procedure is carried out and what is needed to successfully waive your right of first refusal.

○ What is a pre-emptive right?

The right of first refusal means that if the owner of a share wants to sell it, he must offer it first to other owners. Only if they refuse to buy can he put the home up for sale.

It follows that if you are planning to sell your part of the apartment, you will have to warn the co-owners in advance about your intention. It is advisable to do this in writing to eliminate the risk of accusations of non-compliance with this condition.

If the relationship with the co-owners is good, they will issue a refusal to purchase without any problems, after which you can calmly begin searching for a buyer. But if there are any difficulties in the relationship, you will have to send a registered letter with an offer to purchase and wait for a response. If it does not arrive within 30 days from the date of notification, you have the right to sell.

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○ What does the law say?

The main legal act regulating the legal relationships of participants in shared ownership is the Civil Code of the Russian Federation. In Art. 250 of this law provides rules that specifically regulate the right of pre-emption.

When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure (Clause 1 of Article 2150 of the Civil Code of the Russian Federation).

At the same time, the Civil Code of the Russian Federation regulates not only the right of other owners to purchase a share, but also the opportunity to do so under the same conditions on which the object will be offered to a third party.

The procedure for selling a share of an apartment is also regulated by:

• Family Code of the Russian Federation.
• Housing Code of the Russian Federation.

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○ Waiver of the shareholder’s preemptive right

Rejecting an offer to purchase part of an apartment means giving its owner the opportunity to conclude a deal with a third party. Let's look at how to properly formalize your refusal.

✔ What documents are needed

You can use one of two methods:

• Write a written refusal in free form in compliance with the formal style of speech and have it certified by a notary.
• Fill out the refusal and personally submit it to Rosreestr (used least often).

In each of these cases, you will be required to:

• Personal passport.
• Title documents for the apartment confirming the fact of ownership of the share.

✔ Features of the procedure

The opt-out process is not very difficult. All that is needed is to formalize the rejection of the purchase offer in the proper form.

If the owner of the share is a minor, his legal representative will formalize the waiver on his behalf.

In addition, each co-owner has three months to challenge the sale of the apartment and demand the transfer of the rights and obligations of the buyer to themselves.

The exercise of the pre-emptive right has other features:

• It may not be observed if the share is not sold, but is changed or given as a gift.
• Even if several owners have expressed their consent to purchase a share, the transaction can only be concluded with one of them.
• The conditions under which the share is offered to the co-owners must be the same as when concluding a transaction with third parties.

✔ Sample refusal to purchase

Although the document does not have a strict form, there are certain requirements for its completion. So, in the text you need to write:

• Address of the apartment and its characteristics (you must indicate the area of ​​the property or its percentage of the entire apartment).
• The fact of a buyout offer indicating the cost.
• Period for consideration of the proposal made.
• Information about the person issuing the refusal (full name, contact and passport details).
• Date, signature, notary seal.

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○ What are the consequences of refusing the pre-emptive right to purchase?

The pre-emptive right to purchase cannot be ceded; a written refusal must be issued. And he, first of all, threatens that the share may be sold to a third-party buyer, who will receive the right to live in the apartment.

✔ Sale of shares to third parties

The share can be sold to a third-party buyer if the remaining shareholders have already issued a refusal to purchase or 30 days have passed since their notification of the sale. In this case, the transaction is carried out according to the standard purchase and sale scheme. In this case, the buyer has the risk:

• Challenging the transaction by co-owners who changed their minds.
• The emergence of disagreements with new neighbors.

But many are attracted by the lower cost of real estate when only a share of the apartment is sold. Accordingly, everyone determines the level of risk for themselves personally.

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○ How to challenge a refusal?

When selling a share in violation of the preemptive right of purchase, 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 (clause 3 of Article 250 of the Civil Code of the Russian Federation).

Fraud is extremely common in equity transactions. If the refusal was issued in violation of legal norms, the owner has the right to challenge it in court. To do this, you need to submit a statement of claim to declare the refusal invalid. Three months are given for this from the date of the intended notification.

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○ How to restore the pre-emptive right?

The pre-emptive right to purchase can also be restored only through the court. To do this, you need to provide convincing evidence that the rights of co-owners have been violated. The most common reasons for restoration are:

• Lack of notification of the proposed sale of the share.
• Offer to purchase at an inflated price.
• Violation of the rights of an incapacitated or partially capable co-owner, etc.

Thus, the sale of a share in an apartment involves many nuances, failure to comply with which threatens to invalidate the transaction.

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○ Advice from a lawyer:

✔ Another shareholder offered to buy his share at a very high price, but we refused. Is it possible to challenge the refusal of a preemptive purchase if the price was previously too high?

This issue is being resolved in court. You need to send a statement of claim indicating the fact of violation of your preemptive right to purchase. It is advisable to attach a purchase offer indicating the transaction price.

✔ We bought a share in the apartment using the pre-emptive right, other shareholders are outraged and demand that the deal be declared invalid. What is the chance that the deal will be canceled and we will have to return the share?

It depends on how much time has passed since the transaction was concluded. Co-owners have the right to challenge it within 3 months. Therefore, if so much time has not passed, the transaction may indeed be cancelled.

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Specialist Maria Kuznetsova will talk about waiving the pre-emptive right to purchase in shared ownership.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

How to give up your share in an apartment in 2023: instructions and cost

There are situations when a citizen, for a certain reason, does not plan to own part of the real estate. This may be due to both high taxes and the desire to save yourself from unnecessary worries. Below we will consider how to give up a share in an apartment in full compliance with the current law.

How to refuse in favor of another owner: existing methods

You need to choose the option of transferring it to another owner, who also owns part of the apartment, depending on the specific circumstances. Situations may be different:

1. The share already exists and needs to be re-registered.
2. The share will arise as a result of inheritance or privatization and must be abandoned.

Each has different features for registering a refusal. Let’s look at how to apply in more detail.

Note. Be sure to order a fresh extract from the Unified State Register of Real Estate - this way you will understand the current status of the housing.

If you already have a share

Most often, the need to re-register as a co-owner arises when one of the owners moves or wants to concentrate the right to the entire apartment. It does not matter on what basis the right arose - as a result of privatization, shared construction in Russia or the acquisition of secondary housing under any document.

The following options are available:

The share will go to the person indicated by the recipient or buyer. The purchase and sale procedure differs from donation in a significant way - this must be taken into account when making a decision.

We draw up a deed of gift

The simplest procedure for re-registration of an existing share in the ownership of an apartment. Today, a deed of gift is formalized through the signing of a gift agreement. The algorithm for the owner’s actions when donating is as follows:

1. Obtain the spouse's consent to the gift if the share was acquired during marriage. Consent is certified by a notary.
2. Three copies of the gift agreement and deed of transfer are drawn up and signed. The gift agreement must be certified by a notary.
3. Next, you need to collect a small set of documents: a technical plan of the apartment, a current extract from the Unified State Register of Real Estate, a receipt for payment of the fee (2,000 rubles).
4. The parties are sent to Rosreestr to register the donee's property rights. You can organize it through a notary office - faster, but a little more expensive.
5. Upon expiration of the registration period, the donee takes ownership of the apartment, and the donor loses ownership of the share.

Important. When donating a share, you do not need to obtain the consent of the co-owners.

As for taxes, the donor does not pay anything to the budget (since he did not receive any income), and the donee is exempt from personal income tax if the share is received from a close relative (parents, children, grandparents, grandchildren, brothers and sisters) . In other cases, the new owner of the share must calculate and pay 13% of the price of the property to the treasury.

You can download the donation agreement form here.

We arrange purchase and sale

The algorithm of actions for buying and selling is as follows:

1. It is necessary to notify the co-owners in writing of the pre-emptive right to purchase the share.
2. The seller must obtain the consent of the spouse for the sale in notarial form.
3. The DCT and the transfer deed must be drawn up in triplicate. The contract is certified by a notary.
4. The agreement, act, technical documents for the apartment and a receipt for payment of the fee (2,000 rubles) are submitted to Rosreestr for registration.
5. After registration, the buyer assumes the rights of the owner.

You can download the Practitioner Agreement form here.

If the share must be abandoned at the stage of its acquisition

It often happens that a person is destined for a part in an apartment, but for some reason he does not want to accept it. We are talking about inheriting housing for the deceased or about privatization. Let's consider these situations in more detail.

How to refuse inheritance

After the death of the testator, an inheritance case is opened. Within 6 months, the notary searches for all the property that was left after the person, as well as all heirs. Distribution occurs by law or by will. At the same time, the heirs have no obligation to accept the inheritance.

Refusal of a share of the inheritance is permitted only in writing. Ideally, visit a notary and draw up a waiver document with him.

If this is not possible, you can send a refusal to the authorized notary by letter, but in this case, the signature of the heir must, in turn, be certified by a notary.

Another way is to send your representative to the notary using a notarized power of attorney, which contains the right to refuse inheritance.

When refusing an inheritance, you need to remember the following:

1. It will not be possible to take back the refusal - if the heires refused, the property cannot be returned.
2. You cannot refuse your obligatory share in the inheritance.
3. It is possible to refuse either in favor of a specific heir or without regard to certain persons.
4. It is impossible to refuse in favor of a third party who is not an heir. To do this, you must first accept the inheritance and then sell or gift it to such a third party.

Attention. You can only accept or refuse an inheritance in full. It is impossible to partially receive one property and refuse another. The refusal form can be downloaded here. The form for renunciation of inheritance in favor of another heir can be downloaded here.

How to refuse to participate in privatization

It is quite simple to renounce a share in an apartment during privatization - you need to have the refusal certified by a notary, and then attach it to the privatization documents. The vacated part will either be equally redistributed between households, or, with the consent of the remaining owners, transferred to one of them.

Remember that a minor cannot refuse privatization on his own. This requires the consent of the guardianship and trusteeship authority.

You can download an example of a waiver application here.

How much does a refusal cost?

Any of the above actions will require certain costs. Most of the paperwork is done by notaries. Let's look at how much a refusal costs.

Method of refusal	A document base	Fee for registration in the Unified State Register of Real Estate	Other expenses
Gift deed	Donation agreement From 2,000 rubles	2,000 rubles	Consent of the spouse from 1 to 2 thousand rubles. Electronic registration through a notary up to 3 thousand rubles.
Purchase and sale	PrEP from 5,000 rubles	2,000 rubles	Consent of the spouse from 1 to 2 thousand rubles. Electronic registration through a notary up to 3 thousand rubles.
Refusal of inheritance	Witnessing signature on waiver from 500 rubles	Not required	Power of attorney for a representative from 1,000 rubles Postage costs
Refusal from privatization	Witnessing signature on waiver from 500 rubles	Not required	No

Note. The drafting of contracts by a notary depends on the transaction price. You can find out the exact amount in your case during a preliminary consultation.

What documents are needed

If a waiver of a share in an apartment or house is formalized through a deed of gift or sale, you will need:

1. Passports of the parties to the transaction.
2. Technical documents for the apartment (technical passport).
3. Extract from the Unified State Register for the apartment.
4. The gift agreement or DCT is drawn up by a notary.
5. Transfer deed.
6. Receipt for payment of state duty.
7. Consent of the spouse to donation (sale).
8. An application for transfer of rights is drawn up by an employee of Rosreestr, MFC or a notary for electronic registration.

For a purchase and sale transaction, you will also need evidence of compliance with the pre-emptive right of purchase of co-owners - notices, postal receipts or notarial waivers of the share.

If the refusal is carried out during inheritance or privatization, to register the refusal itself with a notary, you need a passport and payment for the services of a notary office.

Advantages and disadvantages

What to choose if you already have a share in the apartment and need to give it up?

Advantages	Flaws
Gift deed	It is not taxable to the donor. The recipient is not subject to personal income tax if the share is received from a close relative. Co-owners do not have a preemptive right. Cheaper than PrEP.	You cannot apply for a tax deduction when purchasing a home. If the gift was not received from a close relative, you need to pay 13% of the price of the property to the budget.
PrEP	A universal form of transfer of rights to housing. It is possible to obtain a tax deduction when purchasing a home.	It is necessary to respect the pre-emptive right to purchase from co-owners. The seller must pay personal income tax on the sale amount.

The choice between these methods of transferring a share to another person is made depending on specific conditions.

Features of refusal in favor of parents (mother or father)

If the share in the apartment is already owned, it is better to use the design of the gift agreement. Parents will be able to avoid taxes on the purchase, and you will not have to pay personal income tax for the alienation.

When making a transaction with relatives, you should remember that they should not cover up other goals. The fact of tax evasion through a gift can be very easily revealed during a tax audit. If the transaction was sham, the department can challenge it in court.

Features of refusal in favor of the state

The share is transferred to the state as a result of deprivatization. This is a procedure for canceling a privatization agreement and returning property to the country. This procedure is carried out exclusively through the court. The initiator of the proceedings can be any owner of the apartment or the relevant control authorities if a violation of rights has been identified.

You can file a claim to invalidate the privatization agreement within three years from the date of transfer of the apartment for privatization. You can only return the apartment in its entirety.

Peculiarities of giving up a share in an apartment purchased with maternity capital

Shares in an apartment purchased with maternity capital are distributed among all family members. Most often, a situation arises when one of the spouses wants to give up his part.

This can be done by drawing up a refusal from the notary to exercise the right to participate in determining the shares. The spouse does not receive a share, but he retains the right to common property.

In case of divorce, the second spouse's share will be divided.

Features of refusal in favor of a child

When determining the method of relinquishing a share in favor of a child, one must proceed from specific conditions. An adult child can independently act in a transaction on his own behalf. When re-registering a share, the interests of children under 18 are represented by their parents. Most often, a gift agreement is used to renounce a share in favor of a child.

The form for waiver of pre-emptive right (refusal to purchase a share in an apartment sample) can be downloaded here.

How to waive the pre-emptive right

You can register a waiver of the pre-emptive right to purchase a share through a notary. Then the paper must be handed over to the seller of the share, who will submit it to Rosreestr employees when registering the transaction. If it is not possible to issue a notarized refusal, you can ignore the message about the pre-emptive right. The consequences will be the same as with a written refusal.

The law provides several ways to refuse a share in an apartment. Most often, citizens use a gift agreement, since it does not entail the payment of personal income tax. However, when accepting an inheritance and privatization, special documents are used - waivers, which are drawn up by a notary.

You will learn more about how the allocation of shares occurs below.

We remind you that if you need to give up your share in the apartment, and you do not know how to do everything correctly, then it is best to consult a lawyer about this. Sign up for a free consultation in a special form on our website in the corner of the screen.

We are waiting for your questions and will be grateful if you rate the post and like it.

Sample refusal to purchase a share in an apartment

When selling the property part of an apartment that is in common ownership, it is very important to comply with all legislative aspects. This procedure is regulated by the norms of the Civil Code, namely Article 250. If the sale is carried out in violation of the conditions, other owners have the right to challenge the transaction in court and regain the rights and opportunities of priority buyers.

You need to avoid such troubles from the beginning. Before sale, it is necessary to notify all co-owners in writing with notification of receipt, or with the help of a notary, of the desire to sell their share. If within 30 days the co-owners do not show a desire to buy it at the specified price, it can be sold at the same cost to anyone.

Is it necessary to formalize a refusal to buy out a share?

According to the rules, documentary evidence is required. But the owner of part of an apartment or a room in a communal apartment does not always know all the owners and communicate with them. In this case, you need to contact Rossreestr for an extract in which all co-owners will be indicated. It is issued by passport and to receive it you need to pay the specified state fee for services.

Having received this information, you need to send notifications to all co-owners. It is important to keep documentation of this procedure. In case of an attempt to challenge the transaction, they are evidence of full compliance with legal norms.

The refusal to purchase a share in the apartment must be notarized. To do this you need:

• the presence of a co-owner to whom a proposal was sent to exercise his preemptive right;
• availability of documents confirming shared ownership;
• Identity cards of the owners of parts of the property.

If the co-owner cannot be present in person, a proxy carries out the procedure for him. The person acting in his capacity must have a correctly drawn up power of attorney.

If a refusal to buy out a share in an apartment is issued, it is most convenient to use the sample. You can get it from a notary. But the document can also be compiled in any form. The main thing is that it contains the following information:

1. Passport details of the co-owner issuing the refusal.
2. Information about the share, its size and address.
3. The price offered by the seller.
4. Date and signature.

The cost of registering a waiver depends on the region and corresponds to the price of notary services.

What to do if you can’t contact the co-owner

The extract from Rossreestr indicates the place of registration of shared owners, but it does not always coincide with the real address of residence. In some cases, notifications never find their recipient. If no response is received within 30 days, you can sell the share to a third party.

The co-owner has the right to challenge the transaction, but only within three months from the date of receipt of information about the fact of the sale. When filing a claim during this period, the court may take the plaintiff’s side if the seller does not have documents confirming the sending of notices of sale. Therefore, it is better to send several notifications to the registration address.

Also, the court may cancel the transaction if there is evidence that the seller knew the exact place of residence of the other shared owner, but deliberately did not send notifications about it.

To avoid litigation and associated costs, it is better to make every effort and formalize a waiver of the share repurchase.

If there are several share owners, documentary evidence of the lack of interest in the acquisition must be obtained from each, regardless of the size of his share.

The document will not cost that much, in the range of 1,000 - 1,500 rubles. But its presence will save you from possible problems in the future.

Refusal to purchase a share in an apartment - you can download a sample from the link.

How to refuse to buy a share in an apartment

to ask a lawyer . It's free!

Selling a share in a residential property is a process that can cause certain difficulties. According to Art.

250 of the Civil Code, the owner must first offer the remaining owners to buy out their part of the property . If they refuse, the living space can be sold to any person.

In order for the transaction to be completed correctly, you need to know how to refuse to purchase a share in an apartment and what documents are required for this.

Features of the transaction

According to the law, participants in shared ownership have a preemptive right to buy part of the apartment being sold. The exception is cases of sale of a share at auction, as well as some transactions with land. In other cases, you will have to obtain a written refusal from the remaining owners.

The owner of the share must warn others about his intention to sell square meters. This must also be done in writing . The easiest option is to send a registered letter. Shipping receipts should be kept in case of legal disputes. It is worth starting the notification procedure as early as possible. After all, it can take a long time, and buyers are not always ready to wait.

Download a sample application - notification from the owner about the sale of a share in the apartment

If the owner does not want to sell, but exchange the home, the procedure will look the same. The owner simply must indicate this in the notice and indicate for what amount he is willing to give up his share to the others.

Receive an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property

The message must indicate the price of living space and other important points. The remaining owners should be given the right to buy housing under the same conditions under which it goes on sale. If several people agree to the ransom, the seller has the right to choose which of them to conclude a deal with.

How to formalize a waiver of share

Another pressing question is how to act as a co-owner and whether the refusal needs to be certified by a notary. If a co-owner intends to buy a share, he must send a counter message to the seller. In case of refusal, you must contact a notary within a month and document your decision .

It happens that a person has, for example, a room in a communal apartment, but he has never even seen his neighbors. In this case, you need to submit an application to Rosreestr and receive an extract. This document will contain the details of all owners. For an extract you will have to pay a fee of 200 rubles; to obtain it you only need a passport.

There is a third way to secure refusals from the owners: each of them must come to Rosreestr and write an application. In this case, there is no need to contact a notary. But since it is problematic to gather several people in one place, this option is rarely used in practice.

Registration of waiver of the share of minors

Sometimes children are the owners of property. Minors also have the right of first refusal. But the decision is made for them by their legal representatives: parents, guardians. If they do not show interest in the real estate being sold, they may refuse the transaction.

True, there is a condition: you will have to obtain the written consent of the guardianship authority. To obtain a resolution from the executive body, you must write an application. It is worth attaching documents confirming the inappropriateness or impossibility of acquiring a share.

Relinquishment of a share at the stage of its acquisition

Sometimes a person is assigned part of an apartment, but for certain reasons he does not want to accept it. This happens, for example, in inheritance cases, if the testator’s debts significantly exceed the cost of his home.

The notary will look for heirs within six months. To renounce your part of the housing, you need to come to him and fill out the renunciation paper. Another option is to send the letter by mail, but the signature will have to be notarized.

There are several points to consider. You can renounce a share either without regard to any persons or in favor of a specific heir. This cannot be done in favor of a third party: the inheritance will first have to be accepted. In addition, you will no longer be able to change your decision and demand the property back.

There are also refusals during privatization. It’s even simpler here: just draw up the paperwork from a notary and attach it to the documents required for privatization. The remaining part will be divided among other owners or, by common decision, will go to one of them.

List of required documents

To formalize the refusal, you must provide the following documents to the notary office::

• Passport.
• Notice that the property is for sale.
• Legal documents.

Notary services cost on average from 1,000 to 1,500 rubles, depending on the region.

Structure of the refusal document

Most often, clients of notary offices are offered to fill out ready-made forms. But if you wish, you can issue a refusal in any form: sample 2023 can be found online and also downloaded from our website.

Download a sample application for refusal to purchase a share in an apartment

This document should contain the following points:

1. Detailed characteristics of the object: its address, area or percentage of the share of the total area.
2. Cost, and sometimes also the period and methods of payment. The redemption price will not be revised in the future.
3. The period for consideration of the proposal (usually 1 month).
4. Personal information of the person who issues the refusal.

Also, the paper must contain the name, date and signature of the owner of the share who does not want to redeem it. The refusal is certified by the signature and seal of a notary.

It happens that the owner does not wait for the decision of the others. In this case, he needs to take receipts for sending notifications, take the notification itself and contact a notary office. Based on these documents, the notary will issue a certificate of refusal. After receiving it, you can safely start selling square meters.

Right to inheritance

Another important question is how long the waiver of share is valid . It does not have an expiration date as such. But if the owner reduces the price compared to the original one, the process of notifying co-owners will have to start all over again.

How to challenge a contract

Cases of fraud in share transactions are common. If the rules for selling a share have not been followed, the co-owners have the right to challenge the agreement in court. The law allows three months for this from the date of its conclusion.

The plaintiff has every chance of winning the case if he did not receive a message about the sale or, for example, the property was offered to him at an inflated price. There are also situations when, as a result of a transaction, the rights of disabled persons are violated.

In the end, the seller will not suffer much, because he will still receive money for his share. But the buyer finds himself in an unpleasant situation. The court may terminate the contract, and the right to purchase square meters will be transferred to one of the co-owners.

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Refusal to purchase a share in an apartment. Sample application

​The process of selling a share in a privatized apartment is quite complicated. In many ways, the difficulty lies in the fact that Art. 250 of the Civil Code of the Russian Federation gives all co-owners of an apartment the preemptive right to buy out the shares of the others. Only the official refusal of the co-owners provides grounds for putting the share up for sale on the real estate market . On the one hand, the law does not require that the refusal of the remaining co-owners to renounce their pre-emptive rights to repurchase be formalized with a notary, but practice shows that observing such an order is in the general interest, in order to avoid possible disagreements in the future. Today we will talk about how to refuse to buy a share in an apartment.

What does the law say?

The Civil Code not only establishes the right of the remaining co-owners to buy out a share in the apartment, but also to do so under the same conditions under which the share will be put up for open sale.

For example, by offering the co-owners to buy out a share for 300 thousand rubles, and then putting it up for sale at 200 thousand rubles, you may be faced with the fact that the co-owners will later easily challenge such a deal in court, declaring it illegal.

The seller of the share is obliged to inform the other co-owners that he intends to sell the share, as well as the true sale price. It is at this price that the co-owners can buy out this share or offer theirs. The remaining co-owners have no reason to demand a reduction in the price of the share, but this does not prevent them from bargaining.

The same rule and procedure apply to transactions that do not involve the sale of the said share. If the owner of the share intends to exchange for some other real estate, then the procedure does not change in any way . Only the notice to the remaining co-owners will indicate that the share will be exchanged, not sold, and indicate the amount for which the co-owners can redeem the share themselves.

Since there may be several co-owners, and several of them may also agree to a buyout, the law gives the right to choose a buyer to the seller. He can choose at his own discretion: to which of the co-owners he will sell his share. There are no restrictions in this case.

Terms and conditions of sale

First of all, having decided to sell a share at a certain price, the owner is obliged to notify the other co-owners about this. This is done in writing. It is best to send a registered letter with acknowledgment of delivery and a list of the attachments. Postal receipts will serve as evidence that legal notification procedures have been followed.

Download a sample notice of sale of a share in an apartment.

A share in an apartment can be put up for sale after the owner has received refusals from the other co-owners to buy out this share.

If the share is a room in a communal apartment, then you can find out all the other co-owners by sending a request to Rosreestr. The statement will contain information about all owners.

For the extract you will have to pay a state fee of 200 rubles. The request is accepted upon presentation of a payment receipt and passport.

Refusal cannot be formalized in words . This must be a notarized document.

The service is provided for a fee. The cost of notary services is determined depending on the region and on average ranges between 1000-1200 rubles.

Finding a buyer for the share may take some time. Therefore, it is in the interests of the seller to begin implementing the procedure required by law to notify co-owners of a future transaction as soon as possible. Perhaps the future buyer will not want to wait for the period required by law, so it is better to already have properly completed refusals in hand by that time.

Deadlines

The law determines the deadlines for each stage of the share sale procedure . In particular, the seller of the share is obliged to send an official notice to all co-owners before the sale, and then wait for their decision within 30 days. Failure to respond within this period is understood as a refusal to repurchase the share.

After 30 days, you should go to the notary’s office, present copies of letters, postal receipts for sending letters, and in return receive a certificate, which in the future will serve as proof of sending letters and their receipt by the addressees. Having such a certificate in hand, you can freely sell the share to anyone.

Article 250 of the Civil Code of the Russian Federation gives the right to co-owners to demand the transfer of the rights and obligations of the buyers of the share to them through the court. This procedure will take only 3 months, counting from the date of filing the statement of claim with the corresponding requirement.

For the seller, it does not matter who ultimately becomes the buyer, but a failed third-party buyer may find himself in an unpleasant situation when the court terminates the completed transaction and transfers the right to buy out the share to one of the co-owners.

How is the refusal of a share formalized?

The pre-emptive right to buy a share in an apartment allows co-owners to agree to a buyout offer or refuse such an offer. The refusal must be made in writing. The following options are possible:

1. Application for refusal to buy out a share in an apartment.
2. Notification of the owner of the disputed share in the form of a registered letter with notification, which includes a notarized refusal.

There is a third option, although in practice it is used quite rarely. An application for refusal to repurchase a share can be submitted to Rosreestr. To do this, you will need to collect all co-owners from Rosreestr and submit the appropriate application. A simple option is complicated, as a rule, by the impossibility of gathering all the co-owners in one place at the same time.

The text of the waiver of the pre-emptive right to purchase a share in the apartment must include the following information:

1. Characteristics of the share, address of the apartment. The legal address is indicated, and the characteristics describe the share - its area, or the percentage of the whole apartment.
2. The essence of the ransom offer is the ransom amount. The amount is indicated in rubles and is not subject to further revision.
3. Deadline for consideration of the buyout offer. As a general rule, this is 30 days.
4. Method of making payment for a share with the consent of the co-owners. Usually they accept a transfer to a bank account, or cash, but again through a safe deposit box.
5. Full name and passport details of the co-owner refusing to buy out.

The document is affixed with the date, the signature of the person with the pre-emptive right of purchase, and the notary’s seal.

Download a sample refusal to purchase a share in an apartment.

Registration of sale of a share in an apartment

According to Art. 24 Federal Law No. 122 of July 21, 1997

“On state registration of rights to real estate and transactions with it”, when there is a sale of a share in an apartment owned by co-owners on the right of common ownership, documents are submitted to Rosreestr for state registration of the transaction, which certify that the seller has notified all other co-owners of his intention to indicating the transaction price.

The same law specifies that documents certifying the refusal of the remaining co-owners to buy out the share can be But you don’t have to apply it. Depending on this circumstance, registration will be carried out immediately (when refusals are attached) or after the period allotted by law (without refusals).

Rules for drawing up a refusal to purchase a share in an apartment: sample application

The procedure and rules for the alienation of a share of real estate are regulated by the Civil Code of the Russian Federation. Typically, the right to acquire a share arises in connection with the pre-emptive right to purchase part of the property that is in shared ownership. However, the law provides for the possibility of refusing a purchase; you need to know the rules for implementing this action for speedy and correct registration.

How is a refusal to purchase a share in an apartment formalized?

You must refuse to purchase part of the residential premises in writing. This is necessary so that the owner can legally sell it to another person, and the buyer has no doubts about the safety of the acquisition. In the absence of such a document, buyers may doubt that those with the right of first refusal will not challenge the purchase transaction in the future.

The refusal is issued as part of the home sale process, which is implemented in several stages:

1. Making a decision by the owner to alienate a share.
2. Notifying all potential buyers who have a preferential opportunity to purchase.
3. Drawing up a refusal by those applicants for the purchase who do not want to purchase part of the living space.
4. Submission of written confirmation to the owner.

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That is why, in order not to disrupt the sequence of sale of a real estate share, you should promptly abandon the acquisition if it is not planned.

What documents are required?

To formalize a written expression of the will of an interested person regarding the acquisition of part of the real estate, certain documents are required. Their set in this case is minimal, so no advance preparation is required. So, to draw up this type of application you will need:

• applicant's passport;
• documents confirming ownership of another part of the property or others, from which it follows that there is a pre-emptive right to purchase.

Usually no additional paperwork is required. The collected package is enough to fill out the waiver and enter all the necessary data.

Recorded by whom?

The refusal is made by the applicant for the acquisition of the share. Subsequently, a written document will confirm that the applicant for the purchase has refused it.

Additionally, there is no need to certify it by anyone.

Required items

When drawing up a waiver document for the purchase of a share of housing, it is necessary to indicate certain data. This is necessary so that it becomes unambiguously clear what kind of object we are talking about, who exactly refuses to purchase, etc., therefore, in the paper being drawn up, some points and types of data should be given that will allow the position of the compiler to be unambiguously interpreted:

• FULL NAME. the applicant;
• passport details;
• information about the situation regarding the part of the housing under discussion;
• on documents clearly confirming the right of first refusal;
• the applicant’s position regarding his reluctance to purchase property;
• reference to a legal act regulating the possibility of refusing to purchase a home, etc.

It should be clear from the text that the originator does not wish to acquire part of a specific object. To unambiguously determine it, the cadastral and technical characteristics of the living space should be provided. At the end of the document, the date of its preparation and the signature of the interested person must be indicated.

Sample

Registration must be done in writing. This is necessary for the owner to preserve the document and present it to interested parties if necessary. There is no single sample of such a document, but when drawing up generally accepted norms and rules of writing are observed.

In order to avoid errors or inaccuracies, you should familiarize yourself with the sample in advance.

Download a sample refusal to purchase a share in an apartment.

Validity

The wait for the decision of the interested party for the seller will be up to 30 days. During this time period, the recipient of a written offer to purchase a share has the opportunity to refuse it.

If a waiver document is drawn up, the validity period is not limited by law. That is why, after receiving it, the owner has the right to begin selling the property. However, the person who refused the acquisition has the right to cancel the refusal through a notarial procedure.

As a result, a written refusal is drawn up from each holder of the preemptive right to acquire a part of the real estate if there are no plans to purchase the share. To do this, it is enough to draw up a refusal with your own hand and present it to the owner.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

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