Notice of sale of a share in an apartment under the right of common shared ownership (sample) 2023

How to draw up a notice of sale of a share in an apartment

When concluding a transaction for the purchase and sale of residential real estate, a mandatory condition is written notification of the participants in shared ownership.

If the owner of the share of the apartment that he wishes to sell does not have evidence of proper notification to other owners, the official transfer of ownership will not occur. This rule applies to cases when one or more parts of the apartment are for sale.

If an entire property is being sold, notification of other participants in the transaction is not necessary.

The written document does not oblige the parties to enter into a transaction for the sale and purchase of a share between themselves; it serves only to notify the co-owner.

Download the notification form for the sale of an apartment share for free in word format

The notification is drawn up in free form, but must contain certain information:

• in the header of the document the details of the addressee - co-owner are indicated: full name, registration address,
• Below in the center of the page is the name of the document - Notice of sale of a share in real estate,
• in the main text it is necessary to indicate the detailed information of the notifier: his full name, date and place of birth, registration address. Then follows a message about the intention to sell your part of the common property (apartment),
• it is necessary to register on what basis the share in real estate was acquired: by entering into inheritance rights, participating in privatization. Confirm this fact with a certificate of ownership,
• This is followed by the legal grounds for ownership and disposal of real estate. In accordance with Article 209 of the Civil Code of the Russian Federation, a citizen has the right to dispose of property located at a specific address, consisting of a certain number of square meters or rooms, which is part of other property. On this basis, a person intends to sell his part of the property to a third party for a certain fee,
• the buyer’s right to reside and use the property is canceled if the owner’s share is sold at a different price,
• based on Article 250 of the Civil Code of the Russian Federation, the co-owner has the primary right to redeem the share subject to sale at the price specified in this notice,
• if the addressee refuses to purchase or ignores the notice within thirty days, the owner receives the right to sell his share to any third party,
• date of compilation, signature.

ATTENTION! Look at the completed sample notice of sale of an apartment share:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Required documents

The procedure for selling a share of real estate is similar to transferring ownership of the entire apartment. However, the standard package of documents in the case under consideration requires additions.

A citizen registering the purchase and sale of part of an object must prepare:

• an extract from the Unified State Register of Real Estate or a Certificate of State Registration of Property Rights,
• a document evidencing the existence of ownership rights,
• cadastral passport and technical passport obtained from the BTI,
• a certificate from the passport office about the number of persons registered in the living space,
• consent to the sale of the share from the legal spouse,
• refusal of the co-owners to repurchase the share, executed in writing, or a certificate of transfer of notifications, certified by a notary.

 How to arrange the purchase and sale of an apartment yourself?

The Civil Code in Article 250 establishes the procedure for notifying co-owners of common living space:

• if the owner wants to sell the actually allocated share in the real estate, he is obliged to notify his co-owners in advance and offer them to buy his part at a certain price. For example, when it comes to selling a communal apartment, neighbors have priority rights to purchase. The potential seller is obliged to inform them in writing of his intentions and indicate the price at which he is ready to sell them his part. Only if they officially refuse or remain silent for a month can the deal gain momentum,
• if we are talking about the sale of a part of the apartment that is not allocated in reality, the terms of sale remain the same. The seller must notify other owners, offering to purchase his share on the same terms as to an outsider,
• the notification is clearly personalized: a specific citizen personally addresses the co-owner of the apartment.

Important! When the potential seller has proof of proper notification of the apartment’s co-owners about the upcoming sale, their refusal or silence, he can proceed to finalize the transaction with a third party. It is important to note that the thirty-day period is counted from the moment the notice is served on the opposing party. The proof would be, for example, a postal receipt of delivery.

Silence in this situation is equivalent to refusal. Therefore, if the seller is interested in selling a share to co-owners, he can additionally send an offer of consent or offer installment payments.

If there are several co-owners, written notices are sent to everyone, with the same payment conditions.

Agreement on the division of property between spouses.

What share should be allocated to children based on maternity capital, read here.

How to calculate the cost of a share in an apartment, read the link: https://novocom.org/nedvizhimoe-imushhestvo/zhilaya-nedvizhimost/skolko-stoit-dolya-v-kvartire.html

Do I need to get it certified by a notary?

The notary is called upon to testify to the proper content of title documents in order to respect the rights and interests of citizens. Therefore, the sale of part of the residential real estate must undergo a notarial registration procedure.

This will serve as additional protection when registering the ownership rights of the buyer of a share of the apartment and will prove the fact of delivery of notifications. Consequently, it will be almost impossible to challenge the transaction later.

It would not be superfluous to use the possibility of sending notifications about the upcoming sale of a share through a notary, then it will be impossible to question the proper order of this procedure.

The only thing that may confuse the seller is the cost of notary services. As you know, every legal action and testimony of this official has its price. And when we are talking about several co-owners, the amount will increase significantly.

At the same time, the absence of the need to send letters yourself, as well as the positive legal consequences in the form of incontestability of actions, seem more significant.

Who can apply

Most often, standard situations in which shared ownership arises are:

• entry of children into inheritance after the death of parents,
• divorce of spouses if their apartment is registered as shared ownership.

Note! The legislator protects the rights of co-owners, giving them the pre-emptive right to purchase shares in such real estate.

If the co-owners have normal relations, it is possible to reach an agreement without observing minor nuances. Otherwise, a formal notification procedure will have to be followed.

Alienation by minors

In accordance with the law, a minor does not have full legal capacity and cannot independently make transactions and alienate property. His legal representatives can do this for him.

At the same time, unscrupulous representatives of minors may deliberately dispose of real estate not in the interests of their wards. For such situations, the legislator has provided a procedure for approving such transactions in the guardianship and trusteeship authorities.

The same rule applies to the case when a minor has a pre-emptive right to purchase a share. The co-owner notifies him of the sale in the standard manner. If there is no response after thirty days, the transaction may continue.

• If it is not possible to wait a month, then a refusal can be issued only in agreement with the guardianship and trusteeship authorities.
• Watch the video. Notification of co-owners about the sale of a share and refusal to purchase a share:

Notification procedure

When choosing a method for delivering a notification to a co-owner of the intention to sell a share in the apartment, you need to take into account the importance of this step. If he is subsequently able to challenge the proper procedure of this procedure, the transaction will be declared void.

When sending by mail, you need to use all sorts of options: issue a valuable letter with a description of the attachment and a receipt. The notification of delivery will confirm receipt by the opposing party of the document, and the inventory will be evidence that this particular document was sent.

Of particular value is that the notification of delivery will bear the date from which the countdown of the one-month period given for the decision of the co-owner will begin.

Remember! The Supreme Court, in its Ruling, ruled that the seller is not obliged to deliver postal items. He must only take appropriate steps to notify other owners of the possible sale. That is, the seller must take all possible actions to ensure that co-owners receive notice.

The Moscow Regional Court ruled that if the notification was received not personally by the addressee, but by another person, then the notification will be considered improper.

According to the rules, Russian Post employees are required to hand postal items personally into the hands of the addressees. But in practice, they meet people halfway who do not have the opportunity to personally visit post offices, and give correspondence to children, relatives, and neighbors. These actions are not motivated by self-interest or intentional harm, but the result is obvious.

Article 165.1 of the Civil Code of the Russian Federation states that various documents and messages that carry legally significant consequences for a person begin to take effect only after proper delivery of such documents personally to the citizen or his legal representative.

The Supreme Court of the Russian Federation, with its Determinations, has formed judicial practice, on the basis of which it puts forward requirements for proper notification:

• notification of the sale of a share in an apartment is sent to the last place of residence of the co-owner or his last known place of residence,
• a notice cannot be considered delivered if it was not served for objective reasons.

1. There is judicial practice when the court considered a registered letter returned to the seller to be proper notice due to the expiration of the storage period.
2.  How can you sign a person out of an apartment without his presence?
3. To avoid negative consequences, it is necessary to follow a certain procedure:

• first you need to determine the actual address of residence of the co-owner (interview friends, relatives, contact the Federal Migration Service),
• send a written notification by a valuable letter with a list of the contents and a notification of delivery,
• if the addressee received the letter, thirty days are counted from the date of receipt specified in the notice. If the letter was returned as unclaimed, the month begins from the day it was returned.

The option of handing it over personally is possible. In this case, the recipient writes a receipt indicating receipt of the notification, indicating the date of receipt, signature and transcript. The receipt is used in legal proceedings as evidence of proper notice to the co-owner. Such evidence can be challenged only if it is recognized as fraudulent.

Giving notice through a notary is another reliable way.

The notary will draw up the notice himself, the sender will only sign it. The notary sends the document on his own behalf by registered mail with notification.

Attention! If the opposite party received the letter, but did not contact the notary within thirty days, he will issue a certificate of proper notification to the co-owner about the sale of the share in the apartment.

In the event that the addressee has not received the letter, the notary will issue a certificate stating that the seller has taken all possible actions to notify. The issuance of such a certificate is not legally required. Therefore, not all notaries agree to this.

At the same time, this method of notification looks the most convincing. The existing judicial practice confirms this.

Based on the above, we formulate some rules:

• It is better to deliver the notice personally to the co-owner. The copy requires a receipt stamp with date, signature, transcript,
• if a personal meeting is not possible, send two copies of the notice in two ways: through a notary and by mail,
• When contacting a notary, clarify whether he will issue a certificate of proper notification if the addressee does not receive the letter.

Deadline for response

Download the claim form for recognition of the pre-emptive right to purchase a share in the right of common shared ownership of an apartment and transfer of the buyer’s rights for free in word format

The law has established a period during which the seller waits for a response from the co-owners of the property about their desire to buy out the share. This period is one month.

• If within thirty days the addressee has not shown any reaction, then the seller begins to formalize the transaction and sells the square meters to an outsider.
• If a notary was involved in the notification procedure, then thirty days later he will issue a certificate of compliance with the legality of the notification.
• If a person has violated the priority right of co-owners to purchase a share, then the victims can go to court within three months and demand that the rights and obligations of the buyer be transferred to them.
• ATTENTION! Look at the completed sample statement of claim for recognition of the pre-emptive right to purchase a share in the right of common shared ownership of an apartment and the transfer of the buyer’s rights:

 Is it possible to sell an apartment if a child is registered in it?

Consistency of conditions

It is important to remember that the purchase and sale agreement for a share of real estate is subject to mandatory notarization.

In the notice of sale of part of the apartment, it is better not to indicate any information about the payment procedure if there are no agreements with the opposite party on this matter. There is a risk that the document will be rejected by the notary if the conditions change. The procedure will have to start all over again.

1. If the co-owners remain silent for thirty days, you can formalize a deal with a third party.
2. Watch the video. Sale of a share in an apartment without the consent of other owners:

Notice of sale of a share in an apartment and its delivery

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Selling a share in an apartment is possible only after notifying other owners of your intention. If the shared owners were not notified of the upcoming sale of a share in the apartment, then the transaction may be declared invalid through the court or a refusal to register the property in Rosreestr may be received.

It is extremely important to notify the owner of the intention to sell, since the right to ownership of this property extends to as many people as possible. If the property is owned by one person, then there is no need to notify anyone of your intention to sell.

It is worth noting that the notification to other owners does not oblige the sale of the share; this document only communicates the intention.

Important! The notice contains the following information:

• In the upper right corner indicate the details of the co-owner to whose name the notification is sent;
• The following is the name of the document – ​​“Notification”;
• Then the essence of the notification is stated: the citizen (full name, passport details, date and place of birth) informs the owner of the property in shared ownership (full name, year of birth) of his intention to sell his share of the property (indicate the name and address of the property);
• The following outlines the grounds for the right to own a share (privatization, inheritance by law) indicating the certificate number;
• Then follows the legislative justification - Article 209 of the Civil Code of the Russian Federation, according to which the owner has the right to dispose of his property (indicate the property, number of rooms, sq.m., floor);
• When selling a share at a different price, the owner is deprived of the right to reside and use this property;
• Below is information about the intention to sell the share with an indication of the price;
• According to Art. 250 of the Civil Code of the Russian Federation, the co-owner has the right to priority acquisition of a share of the property at the price specified in this notice;
• If the recipient of the notification does not report his intention to purchase the share within 30 days, the owner has the right to sell it to third parties;
• It is important to indicate that failure to respond to this notice will be considered a refusal to acquire the proposed share;
• The date and signature are indicated at the bottom of the page.

ATTENTION! Look at the completed sample notice of sale of an apartment share:

 Is it possible to give up a share in an apartment in favor of another owner?

What it is

Before selling a share in common property, the owner is obliged to notify the co-owners of his intention.

The primary right to acquire shares belongs to other owners of the property. By sending them a notice of intention to conduct a share purchase and sale transaction, the owner exercises the right of the co-owners to purchase the property as a matter of priority.

Therefore, the notice is considered an official document that should be sent to the co-owners of the apartment and any response should be obtained.

Please note! The reaction of the co-owners may be as follows:

• Co-owners ignore the notice;
• Refuse to purchase a share of the property;
• Notify of their desire to purchase a share at the price specified in the notification.

If the co-owners refuse to repurchase or do not respond to this notice, then the owner of the share has the right to sell it at any price to third parties.

Having not received a response to the notification, the owner sells his share to third parties, and in this case the sale and purchase transaction is legally justified and has legal force. Applicable law requires that notice be in writing.

If the owner communicates his intention orally or by telephone, then in the future the sale and purchase transaction of the share will not be registered in Rosreestr due to the lack of written notification to other owners of this property.

In the written notice, it is important to indicate the terms of the future transaction, including the price of the property being sold. However, the law does not describe the manner in which the seller and other owners must act, nor the procedure for serving notices. Therefore, there are often cases when the sale of a share of property is challenged in court.

If the property owner does not provide notice, then some difficulties may arise:

• The Registration Chamber will not register the transfer of ownership, therefore, it will not be possible to register the share in the property to the buyer;
• Owners of shares have the right to challenge the sale in court and demand that the share be re-registered as their property.

In the event of litigation, the seller must provide confirmation of sending the notice, otherwise the court will invalidate the transaction.

 Documents for selling a share in an apartment.

How to send a notification

Deliver in person

If you are on friendly terms with the co-owners of the property, you can contact them personally and ask them to sign the notice. This is worth resorting to if you are sure that the neighbors will not be against the sale.

Send via Mail 

In other options, it is recommended to send the notification by registered mail with acknowledgment of receipt and a list of attachments. This is the simplest and cheapest option.

However, in the event of litigation, there is no guarantee that the court will accept the notice of service as proof of knowledge of the impending sale.

There are often cases when the owner evades serving the notice or goes into hiding. In this case, it is necessary to find out the actual address of the owner by contacting the police. Police officers are required to send a request to establish a place of residence to the central address bureau.

Important! There may be cases when the addressee does not receive a notification due to the expiration of the letter's storage period. Let us remind you that letters are stored at the post office for 30 days. The shelf life is calculated from the day following the day of receipt. At the end of the storage period, the valuable letter will be sent back to the sender.

If the storage period for the shipment has expired, then you should refer to Art. 165.1 of the Civil Code of the Russian Federation, according to which a shipment is considered received if it was delivered to the addressee, but was not delivered for reasons independent of the work of the postal service.

It is worth noting that the court may consider that the seller did not properly notify the co-owner, and be skeptical about this circumstance, and as a result, make a decision not in favor of the seller.

Through a notary

The most common option is notification through a notary.

If you have no experience in such transactions, it is better to use the services of a notary who will prepare all the documents within the legal framework and also help with the registration of property rights.

The only drawback of this notification method is the cost. It is often necessary to notify several co-owners living at different addresses.

The notary, on his own behalf, sends notifications by registered mail to each of the owners of this property. The notice is drawn up on behalf of the owner of the share, contains the necessary provisions and an invitation to notify the notary of your intention to redeem the share. One month after service of the notice, the notary will prepare a certificate of delivery of the notice.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

If the addressee has not received the letter due to the expiration of the storage period, then the notary draws up a certificate of non-delivery of the notice. This certificate states that all measures have been taken to inform the co-owners of the intention to sell the property.

It is worth noting that the notary has the right to refuse to issue a certificate of non-delivery, since this document contradicts the fundamentals of the legislation of the Russian Federation on notaries.

Watch the video. The procedure for notifying co-owners about the sale of a share of real estate:



Is notarization required?

The activities of notarial authorities are aimed at confirming the legality of the actions of citizens, therefore, when selling part of the property that is in shared ownership, notarization will be required in any case.

Since the notary acts within the framework of the law, the document drawn up by the notary will have sufficient weight in court and other government agencies for the transaction to be recognized as legally legal.

In the case of notarial support, the purchase and sale transaction of a share of property will be successful, and it will be very difficult to challenge it.

The seller has the right to involve a notary at any stage, and the notary can also send all notifications on his own behalf, which will once again confirm that the transaction is being carried out within the law. Such a deal is quite difficult to challenge in court.

Please note! It is worth noting that the notary does not provide services free of charge, which will entail significant costs on the part of the property seller.

However, if you hire a notary, there is no need to send registered letters to the co-owners yourself - the notary will do this. Notarial support guarantees the purity of the transaction and the impossibility of challenging it in court.

Deadlines

The law requires other property owners to respond to the notice within a certain time frame. So, one month is given for a response. If at the end of this period the co-owners do not inform about their intention to buy out the share, then the owner has the right to sell his share to third parties.

If the notifications were sent through a notary, then 30 days after the co-owners receive the notification, the notary will prepare a certificate confirming the legality of the procedure for informing property owners of the intention to sell the share.

If the procedure was carried out in violation of the rights of the co-owners, then they go to court to appeal the purchase and sale transaction and obtain the priority right to acquire a share of the property. If the fact of violations is substantiated, there is a high probability that the transaction will be declared invalid and the co-owners will receive the right to acquire the share.

 How to divide a personal account in an apartment with shared ownership?

What is the cost

• Sending notifications to co-owners will be inexpensive if the owner does everything himself, but the cost of informing will increase significantly if you act through a notary.
• However, if nothing is known about the intentions of other property owners, then it would be advisable to carry out the procedure within the legal framework with the help of a qualified notary official.
• When sending notifications yourself, payment is subject to:

• sending letter;
• cost of sending with a list of attachments (valuable letter).

Postal services will cost the sender 100-300 rubles.

If you contact a notary, you will have to pay more:

• registration of a certificate form (technical work) – 600-700 rubles;
• Notary services for notification - about 2000 rubles.

To prepare documents in Rosreestr, you must pay a notary fee (0.5% of the cadastral value of the property), a state duty in the amount of 2000 rubles, and the services of a notary or real estate agency to support the purchase and sale transaction (registration of the contract).

If the notice of sale of a share in the apartment is not sent

Please note! If a share in an apartment was sold without informing other owners, they have the right to go to court to declare the transaction invalid.

1. Within 3 months from the date of receipt of information about the transaction, the owners have the right to prepare a statement of claim in court demanding that the transaction be declared invalid.
2. The application must be accompanied by confirmation that the owner was not notified of the owner’s intention to sell the share.
3. If the purchase and sale transaction is declared invalid in court, the seller is obliged to return the funds to the buyer, and there may also be a need to compensate for moral damages and legal costs.
4. ATTENTION! Look at the completed sample statement of claim for recognition of the pre-emptive right to purchase a share in the right of common shared ownership of an apartment and the transfer of the buyer’s rights:

Watch the video. How to invalidate the sale (donation) of a share in an apartment:



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Sample notice of sale of a share in the right of common shared ownership

Situations where several people own the same property at the same time are quite common in practice.

Shared ownership can arise for various reasons, and each of its owners has the right to dispose of their part at their own discretion.

But if you want to sell your part, you need to understand that you will need to send notifications about the sale of your share in the right of common shared ownership to the other participants.

Why notification is required

According to current legislation, it is the responsibility of each owner to send notice of the sale of his share under the right of common shared ownership. Such a document must contain information that the part belonging to the shareholder will be put up for sale. And the need to send such a notice is so that the remaining owners of the property can exercise the pre-emptive right to purchase a share.

Not only a part in an apartment can be sold, but also a share in a house, an unfinished construction project or a parking lot.

The notice must be in writing and sent to each owner of the common property. After receiving such a form, they must respond to this document. There may be several options:

• give your consent to the redemption of the share;
• refuse the ransom;
• don't give any answer.

When there is no response to the notification, the seller of the share can safely sell the property to unauthorized persons. Since the remaining owners will no longer be able to challenge the completion of such a transaction.

The important point is the written notice. Since without such paper it will be impossible to register the transaction in the Rosreestr branch. And there is also a risk that the remaining owners will want to challenge the deal, and through the court it will be declared invalid.

And if there is a document with notification, the owner of the share will be able to prove that he is right and that he fully complies with all legal norms.

Therefore, in order to have a legal opportunity to sell a share, the following basic conditions must be met:

• written notification to all owners of your intention to sell;
• the notification must contain a description of all the features of the planned transaction;
• when there is no consent from the owners to buy out the share, then it can be sold to third parties.

If the pre-emptive right to purchase a part is violated, then the shareholders will be able to file a claim in court, which in most cases will be approved.

If one of the owners of the common shared property is a minor child, then the guardianship authorities will also take part in the sale. And the pre-emptive right to purchase will also apply here.

What's in the notice

If there is joint ownership, notifying the other participants of the intention to sell their part of the property is a mandatory step. For these purposes, a special document is drawn up. It has a prescribed filling pattern. Therefore, it is possible to draw up such a paper yourself, but you can also seek help from a notary who will fill out the notification.

The notice must contain the following information:

• the exact address where the property is located, part of which will be put up for sale;
• technical characteristics of the property;
• the size of its part that will be sold, as indicated in the extract from the Unified State Register of Real Estate;
• states your desire to sell your personal share;
• information about the possibility of using the pre-emptive right to purchase;
• price of part of the property;
• an offer for the remaining participants to buy out the share being sold and a request to provide a response with the decision made;
• a reference to the point that the property will be sold to a third party if there is no response to the notice.

When within a month there is no response to the sent notice or it is refused, the owner of the share can safely sell it to third parties. There is no need to fear any consequences, since everything was done according to the law.

Buyers of a share in an apartment or other property should know that if the share is purchased in compliance with all legal norms, then the remaining owners will no longer be able to challenge anything in court.

But what is important here is not receiving a response from the owners, but directly sending a notification. Because in this way all required legal norms will be met. It is important to comply with some conditions when sending:

• send a letter to the place of permanent registration of the co-owners;
• the document is sent by valuable letter with mandatory notification of its receipt;
• upon sending, a receipt will be issued; it is better to keep it, as it will serve as proof that the document was sent;
• If you receive a refusal, it is also better to keep such paper.

When a sale transaction is registered, it will be necessary to attach to it the received refusal of redemption or, in its absence, a receipt for sending the letter.

It should be understood that the law sets a certain period within which the remaining owners must give their response to the redemption of the share. This period is one month. If you do not receive a response, you can sell your property to other interested parties.

Notice of sale of a share in an apartment. Sample and download form 2023

A notice of sale of a share in an apartment is a way to notify co-owners of the intention to alienate a share in common shared ownership.

It should be remembered that there can be no talk of any sale if the shares are not determined. We will look at the difference between common shared and common joint property below.

Joint or equity

In order to sell a share, you need to have this share, and in this sense, the legal understanding of a share is very different from the everyday one.

There are two types of common property – joint and shared. In turn, shared ownership is divided into shared ideal and shared real.

Common joint property means the presence of a single object or object in the ownership of two or more persons. In this case, the object or object is documented integral, that is, not divided between the owners.

But legally they have equal rights to each of the rooms, regardless of who occupies them, which means that the sale of part of the common joint property is impossible.

Division into shares can be carried out in court or notarially. Regardless of who allocates the shares, each of the co-owners receives their own certificate of ownership of a certain share. As a rule, during the division, ideal shares are allocated.

In fact, ideal shares differ little from common joint property, since an ideal share is a number, and not a specific object that has its own boundaries, walls, windows and doors. Accordingly, it is very difficult to sell an ideal share in an apartment, because the buyer wants to own a room and a balcony, and not an abstract part of the apartment.

However, selling the ideal share is possible if a buyer is found. Often, the ideal share is purchased by one of the co-owners, who decides to either increase his share or become the sole owner by purchasing the remaining shares.

In order to determine the boundaries of ownership, there is such a thing as allocating a share in kind, that is, converting an ideal share into a real one. This is a complex process during which examinations are carried out, redevelopment is carried out, changes are made to building plans and individual addresses are assigned.

Alienation of a real share is equivalent to the alienation of a separate property.

Preemptive right

Real or ideal shared ownership is the actual transformation of an apartment into a communal apartment. In this sense, the law protects the interests of co-owners, giving them the pre-emptive right to purchase the alienated share.

Selling a share to a stranger is possible only on the condition that all co-owners refuse to purchase.

Notification

Article 250 of the Civil Code of the Russian Federation provides for the mandatory sending to each of the co-owners of a notice of intention to sell a share in the apartment. The text of the notification must contain the following information:

1. Full name and address of the co-owner to whom the notice is sent;
2. expression of intention to sell the share. For example, “I would like to inform you that I intend to sell my ¼ share in apartment 2 of building 4 on the street. Yakira 6";
3. the desired cost of the share and terms of sale, such as installment payment or leasing;
4. date and signature.

• You should not give a collective notice if there are several co-owners, since in the event of a legal dispute, the fact of delivery of the notice must be confirmed.
• As confirmation, the court accepts either the personal signature of the co-owner indicating receipt of the notice, or a return postal notification of delivery if the notice was sent by mail.
• It is possible to serve a notice on representatives of co-owners, but only if they have a power of attorney.

If the notification is not received, the co-owners have the right to file a lawsuit to cancel the share purchase and sale agreement within 3 months from the moment they became aware of the alienation. In this case, the absence of evidence of delivery of the notice will be grounds for cancellation of the purchase and sale agreement.

Answer

1. In the case of a notice of sale of a share in an apartment, the fact of delivery is more important than the presence of a response.
2. That is, co-owners can notify in writing either of their intention to buy a share, or of their refusal to buy a share, or not to respond at all.
3. In any case, the period given by law to the co-owners to decide is one month, after which the seller sells his share either to one of the co-owners or to a third party.
4. Form for notice of sale of a share in an apartmentSample notice of sale of a share in an apartment

Notice of sale of a share in an apartment

When real estate is owned by several persons, the owner intending to sell it is obliged to send notice to the co-owners about the sale of a share in the apartment. True, this information is relevant for common shared ownership, i.e. when the shares in such an apartment are determined (and indicated in the certificate of ownership). If not, then we are talking about the common joint property of the spouses, for example. Then the sales procedure is different. And first it’s worth, perhaps in court, to determine the share.

For your convenience, we have posted an example of a notice for the sale of a share in an apartment, as well as general information about the procedure for disposing of property that is in shared ownership. Additional questions can be asked to the site’s duty lawyer.

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  Notice of sale of a share in an apartment

Example of a notice for the sale of a share in an apartment

• Konovalov Sergei Viktorovich
• address: 142704, Moscow region,
• Vidnoye,
• st. Severnaya, 33-97
• from Konovalova Anna Alekseevna,
• address: 142704, Moscow region,
• Vidnoye,
• Sadovyi Ave., 105

I hereby notify you of my intention to sell my 1/3 share in the right of common shared ownership of apartment No. 97, located at the address: Moscow region,

Vidnoye, Severnaya Street, 33, for 800,000 (eight hundred thousand) rubles with the condition that the contract price be paid at the time of its conclusion.

In accordance with Art. 250 of the Civil Code of the Russian Federation, if you do not acquire the share in the right of common shared ownership that I am selling within a month after receiving this notice, I have the right to sell it to any person.

March 29, 2017 Konovalova A.A.

When is a notice of sale of a share in an apartment drawn up?

A share in ownership is also property. Which you can dispose of as you wish. You can donate, sell, exchange, rent, bequeath. However, the sale and exchange of shares is possible only in compliance with the right of pre-emption.

This means that the disposal of shares when they come into the ownership of a stranger (not the other co-owners) is possible only if the co-owners refuse to purchase the share. The requirement to send a written notice of the sale of a share in an apartment is expressly enshrined in Art. 250 of the Civil Code of the Russian Federation. As well as the features of its content.

Contents of the notice of sale of a share in an apartment

A written notice is drawn up for each co-owner (you should not write a collective notice, since it will be difficult to prove that everyone has read it).

In the text of the document, in addition to the intention to sell the share to an outsider, the price and other conditions (installment plan, sale of part of the share, etc.) must be indicated.

The preemptive right cannot be assigned, so only co-owners need to provide information.

The notification can be delivered in person (on a similar copy, ask for a signature with a transcript and the date of receipt), it can be sent by mail (on the Russian Post website, track the date of receipt, or by registered mail with notification).

Particular caution should be exercised with representatives of co-owners. It is necessary to ensure that such a person has a general power of attorney or a special power of attorney from the owner.

After completing the formalities, all that remains is to wait. If all co-owners refuse to purchase a share in writing, you can enter into a deal.

Well, if one of the co-owners of the apartment intends to buy it, then a purchase and sale agreement is concluded at the price specified in the notice. 

If the notice of sale of a share in the apartment is not sent

The consequences of selling a share without giving notice are not the invalidity of the transaction.

Co-owners who were not offered to buy a share in the apartment may, within 3 months from the date they learned about the transaction, demand in court that the rights and obligations of the buyer be transferred to themselves.

And the former co-owner in such cases is obliged to return the money to the buyer (and there is also the danger of collecting damages and penalties).

Sample notice of sale of a share in an apartment

• Contents of the notice of sale of a share in an apartment
• Form and methods of sending notification to co-owners
• Options for the development of events after sending a notification

Contents of the notice of sale of a share in an apartment 

When making a decision to sell a share in the right of common shared ownership of an apartment (hereinafter referred to as a share in the apartment), the seller must first of all contact the owners of the remaining part of the apartment with an offer to purchase this property from him (Article 250 of the Civil Code of the Russian Federation). The legislator establishes this advantage based on the interests of the remaining owners: owning an entire property is always more convenient than owning a share.

The notification must indicate:

• the exact size of the share being sold, as well as the characteristics of the entire object;
• the price at which the property is offered for sale and the payment procedure;
• list of persons retaining the right to use residential premises;
• condition on the presence of collateral, etc. (clause 4.1 of the Methodological Recommendations, approved by the decision of the FNP board of March 28, 2016, hereinafter referred to as the Recommendations).

A sample notification of the sale of a share in an apartment can be found at the link: Notification form.

Form and methods of sending notification to co-owners 

Notification of the sale of a share in the apartment is sent to the co-owner in writing. The Civil Code of the Russian Federation does not impose other requirements for this process. This rule is specified in the Recommendations (clause 2.3), where 2 preferred methods of transmitting notices are indicated:

1. Contact a notary who will draw up this document, certify the seller’s signature and send it to the address of the co-owner(s), and also issue a certificate of notification in accordance with Art. 86 Fundamentals of legislation on notaries dated 02/11/1993 No. 4462-I. In this case, the notary fully controls the process of sending a notice and receiving a response, which subsequently facilitates the certification of the transaction for the sale of a share.
2. Independently send a telegram to the co-owner(s) through the post office with a purchase offer. A letter with an inventory of the investment will not be accepted by a notary when certifying a transaction for the sale of a share as confirmation of the notification of the co-owner (clause 5, 2.6 of the Recommendations).  

This method of notification, such as posting it on the official website of Rosreestr, cannot be used in relation to residential premises (subclause 4.1, clause 1, article 42 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ).

Options for the development of events after sending a notification 

After receiving an offer to purchase a share, the co-owner has 1 month, during which he must decide on his readiness to make the purchase. If the co-owner raises an objection or remains silent, the seller acquires the right to sell his share to any other person, but precisely on the conditions under which the co-owner refused to purchase it.

IMPORTANT! The monthly period is calculated not from the moment the message is sent, but from the moment it is delivered to the addressee. Moreover, the risk of not receiving the notification is borne by the addressee himself (clause 3.1 of the Recommendations).  

If the co-owner informs about his refusal of the pre-emptive right to purchase and certifies it in writing with a notary, in this case the transaction can be completed before the expiration of the month (Clause 2 of Article 250 of the Civil Code of the Russian Federation). 

*** 

Thus, notification of the sale of a share in the apartment must be sent to the co-owner as soon as a decision on the transaction is made. The law establishes a written form for it.

Notice of sale of a share in an apartment sample form

• Owners of property have the right to dispose of it at their own discretion, including if the property is not the whole object, but only a share.
• If we talk about real estate, and specifically about a share in an apartment, then the sales procedure as a whole is almost identical to the sale of an entire apartment.
• Except for some important points.
• What is a notice of sale of a share in an apartment?

First, you need to understand what ownership of a share in an apartment means. In this case, the area owned by the owner does not depend on the total number of rooms.

One second apartment means half, without defining boundaries.

Due to their specific nature, transactions aimed at the alienation of shares in real estate are distinguished by law. There is a special procedure for them, where the main point is compliance with the established rule that co-owners have a priority right to purchase a share.

This implies the need to properly notify them of such an intention. You can sell your share to third parties only if other owners of the apartment do not want to purchase it.

1. Rules for drawing up a notice to co-owners about the sale of a share in an apartment
2. The legislator does not prescribe strict form when composing such letters, but there are necessary conditions for their content.
3. The notification text must contain:

• size of the owned share;
• intention to sell;
• apartment address;
• cost (price must be indicated in both numbers and words);
• notice of pre-emption right;
• please buy this share and send a response about your decision within one month;
• description of the consequences of refusal - sale of shares to third parties.

The law gives the seller of a share several options for notifying co-owners. Purchase refusals can be collected in person, letters can be sent with notifications of receipt, but the most convenient and accurate option is to notify co-owners through a notary.

In the latter case, the seller receives a notarized certificate stating that all owners have been notified, and none of them has expressed their consent to the purchase. It will be issued in a month - exactly the period given by the state for making a decision. This document will give full right to sell your share in the apartment to a third party.

Below is a standard form and a sample notice of sale of a share in an apartment, a version of which can be downloaded for free.