Refusal to purchase a room in a communal apartment (sample)

The current legislation does not define the concept of “communal apartment”, and therefore there are some difficulties when selling rooms.

A communal apartment is not the usual case when an apartment as a whole is in shared ownership of several persons (for example, heirs). From a legal point of view, the following rules apply in a communal apartment:

• each room as a separate object is individually owned by a specific resident;
• common areas (corridor, bathroom) are in common shared ownership of all residents;
• When a room is sold, the share in the right to common areas automatically passes to the new owner.

Thus, when buying a room, make sure that it is the room that is being sold, and not a share in the common ownership of the entire apartment. To do this, you need to order a current extract from the Unified State Register.

Preemptive right of neighbors

The main difficulty when selling a room in a communal apartment to an outsider is the need to obtain a waiver from the neighbors of the pre-emptive right to purchase .

Any neighbor has a special, statutory right to be the first to buy the room at the price offered to a third party.

Failure to comply with the pre-emptive right rule entails the risk of transferring the buyer's rights to the interested neighbor. This is a significant risk for the buyer, so when preparing the transaction, make sure that the rights of the owners of adjacent rooms are not violated.

Procedure for compliance with the law

1. Request an extract from Rosreestr about all copyright holders of rooms located in the communal apartment.
2. Write a written notice of sale, in which you indicate the property (write down the address of the room, ideally the cadastral number), the sale price and the offer to buy the room.
3. If possible, deliver the notice in person against your signature on receipt. This means that a copy of the notice with the signature “Received /full name/date/signature” must remain in the hands of the seller.
4. The rest need to send written notices by mail. This can be done by registered mail with a list of attachments and a simple notification of delivery, or through a notary.

From the moment of receipt of the notice, the owner of the adjacent share has one month to decide whether he buys the room under the stated conditions or chooses to refuse the purchase.

In an ideal situation, all neighbors refuse the offer. To formalize the refusal, you should invite everyone to a notary, who will draw up and certify written refusals. These refusals must be presented to the registrar at Rosreestr.

If the neighbor’s room is not privatized, then the purchase offer should be sent not to the tenant, but to the owner - the municipality.

If there is a problem with your neighbor

• retain all postal receipts, inventories, return receipts, and returned envelopes as evidence of dispatch of the offer;
• if it is known that the neighbor is problematic, it is better to send a notice through a notary, who in the future will be able to attest to the fact of the lack of response.

In such cases, it is not necessary to wait for a definite answer; it is enough to just wait a month from the date of receipt of the notification. If the envelope with the notification is returned, then the neighbor is also considered notified, and the month period begins to run from the moment the letter is returned.

Silence in this situation is regarded as a refusal to purchase.

Is a written refusal required upon registration?

To submit documents to Rosreestr, you need to collect evidence of a notice of priority right for each:

• if you have issued a written refusal from a notary, attach such refusal;
• for those who received the notice but ignore it - a copy of the notice, notification of delivery of the letter, inventory; or a certificate from a notary;
• if you have not received a notification letter - a returned envelope with postage stamps about dispatch and return, an inventory.

To ensure the purity of the transaction, it is safest to send notifications to all known addresses of neighbors, including the address of the communal apartment itself.

Features of the agreement

You should pay attention to some terms of the contract that are of significant importance.

1. Firstly, the price of the property in the contract must exactly correspond to the price indicated in the neighbors’ notices of the pre-emptive right. If it differs more or less, the interested neighbor will be able to challenge such a transaction in court, which entails the risk of losing money for the buyer.
2. Secondly, you need to carefully look at whether the subject of the contract includes a share in the ownership of common premises, for example, a bathroom. If the phrase “share in the right of common shared ownership” appears in the agreement, then this entails a mandatory notarial form of the transaction.

The notarial form has its pros and cons:

On the one hand, the notarial form is a guarantor of transaction security for the buyer. The notary will check compliance with the neighbors' preemptive rights, issue the spouse's notarized consent to the sale, and collect all the necessary information about the apartment based on current data from Rosreestr. Electronic registration of the buyer's property rights through a notary saves significant time.

On the other hand, notary services are quite expensive. The amount to be paid depends on the transaction amount - but not less than 5,000 rubles.

If only a room is sold under the contract, the contract is drawn up in simple written form without the participation of a notary. The law does not prohibit specifying only a room; the share in the right of common ownership will be transferred automatically.

You can download a sample contract for the purchase and sale of a room in a communal apartment in its entirety here.

It is safer for the new owner to purchase the full complex of property: both the room and the share. In the future, the document on the share will help in the event of a property dispute to fully protect your rights.

Alienation of housing to a neighbor

When selling a room to a neighbor, some features appear in the procedure:

• there is no need to submit evidence of notification to other neighbors to Rosreestr - one of the neighbors has already exercised their right to purchase;
• If several neighbors express a desire to buy a room, an auction should be held for the most advantageous offer.

Otherwise, the procedure for selling a room is no different from a regular real estate sale.

Ways to circumvent the law

If you do not want to receive a refusal from all your neighbors to exercise your pre-emptive right to purchase online, you can find various workarounds. For example, it is recommended to donate a room and receive the payment amount without an agreement - then the rule of priority rights does not apply.

It should be remembered that such “gray schemes” entail a very high risk for both the seller and the buyer. The risk is not only the loss of property. Even if the transaction went well, there is always the possibility of it being challenged in court on the grounds that it was imaginary or pretentious. Neighbors interested in the property have the right to file such claims.

Adviсe

1. Carefully study the documents for the room. It should be clear from them that it is the room that is being sold, and not a share in the apartment.
2. Take the time to notify your neighbors about your purchase. Problematic neighbors can cause a lot of trouble in the future.
3. Use the services of a notary - this way you can guarantee the purity of the transaction.
4. Do not use circuits to bypass neighbor failures. The deal can easily be challenged in court.

How to get a refusal from neighbors when selling a share

•  How to get your neighbors' refusal of the preferential right to purchase.
• Due to the many calls and questions asked on the topic - refusal of neighbors when selling a room or share , I decided to write a short article that will definitely be useful to those who have decided to sell their share in an apartment or communal apartment.
•     How to get a refusal and sell a share if the co-owners do not agree to dialogue, the neighbors do not want to give up the right to buy , but they are not going to buy!

If you decide to sell your share , then you need to take care of the refusals of your “co-owners” - in other words, your neighbors.

Because without them it’s simply impossible to sell - the transaction will not be registered. We advise you to do this simultaneously with searching for clients to buy your home so as not to waste time. It’s good if you have good relations with your neighbors, and they agree to go to a notary and sign a statement refusing to buy your part, then everything is generally simple.

1.                                                  
2.                                                                           
3.  In the opposite case, when it is not possible to come to an agreement with your neighbors and they begin to “put a spoke in your wheels” and for some reason do not want or “cannot” meet you, there are three ways out of this situation:
4. The first one is the easiest for you and unprofitable for the buyer:

You offer the buyer to complete the transaction by donating your property. Draw up a Donation Agreement and enter into a deal. When donating, waivers of the right to purchase are not necessary. There is one BUT - the buyer (and in this case, the donee), in addition to money for your property, will have to pay a tidy sum in the form of 13% income tax on the cadastral value.

Second common method:

Send notarized letters to all co-owners notifying the sale of your share. There is one drawback - the price of a letter is from 2500 - 3500 rubles. A bit expensive! Terms from 1 to 2 months. Considering that there is a third equally effective and inexpensive way.

The third profitable and effective way:

Send letters yourself. There is absolutely no difference when registering a transaction; the terms are the same, from 1-2 months. But sending such a letter will cost you only 150 rubles. What we do:

•   1) Compose the text of the letter - Insert your own and the information of the person being notified.
•                                                      
•   2) Go to the post office (any) and buy a regular envelope in A-4 format. Fill in:  

1.  We announce a valuable letter worth one ruble (more than that makes no sense)      
2.  3) At the post office, along with the envelope, take an inventory and a delivery notice based on the calculation - for each co-owner, two inventories and one “delivery notice.” Filling form:
3.                                                         Inventory
4.                                                        
5.        You need to fill out two such inventories (one is put in an envelope, the second one remains with you)
6.    4) We fill out the notification of delivery on both sides:
7.                                                         

  All that remains is to put the letter and one inventory in the envelope (we do not seal the envelope; the postal worker will check the correspondence of the inventory with the actual attachment and confirm it with a signature and seal. We keep receipts for sending the letter.

 The letters are now sent only a matter of time; if the neighbors deign to sign the notices with the postman and go to the post office to get the letter, then it will come to you faster and exactly a month after the date of delivery of the notice, you can calmly go to the registration chamber and submit documents to register the sale and purchase.

In case of complete ignorance, if the neighbors do not want to give up the right to purchase your room or share , after a month at the post office you will pick up all the letters (under no circumstances open) and attaching a second inventory to them (which you will have in your hands), checks and unsigned notices are submitted along with other necessary documents for registration.

  By sending letters notifying you of the sale of your share, you acted within the framework of the law and it doesn’t matter whether they received them or not - the law is on your side because For your part, you did everything possible. Rest assured the transaction will go through without interruption.

 And for dessert:

The fourth way to sell a share in a (communal) apartment

It happens that there are up to 30 co-owners from whom you will have to obtain consent (refusal) or notify about the sale of your part, you must agree that this is expensive and problematic. And the buyer is in a hurry, wants to buy your property as soon as possible.  

  To a buyer who agrees to transfer a deposit, but is not ready to wait long, and does not want to carry out the transaction by donation, offer the following:

 1. Give the “buyer” a part of your share corresponding to the amount of the deposit he made (conditionally 1 meter) - the tax there will be a penny. after 5-7 days you receive a new certificate where the footage is 1 meter less, he receives a certificate for the slice that was given to him.

 2. According to the law, your buyer (now a co-owner) has a pre-emptive right to purchase your remaining part; feel free to prepare a purchase and sale agreement and submit documents to the registration chamber. NO NEED TO COLLECT REFUSES!

 We are always ready to help you with your transaction

                services home

Selling a room in a communal apartment: waiver of the right of first refusal

Waiver of the right of first refusal to purchase a room in a communal apartment is a necessary step, without which the transaction will not be recognized as legal.

If the buyer does not secure a waiver from the other owners, the deal may be canceled through the courts. This is due to the fact that other owners have the right of first refusal.

How to get waivers from co-owners when buying a room?

Normative base

The seller and buyer need confirmation that owners have been properly notified. For this reason, it is necessary to provide written notice to each of the other owners. It should contain the cost of the room and its detailed description.

There are the following ways to waive the right of first refusal to purchase a room:  

1. the owner personally submits the completed application to the Rosreestr employee in simple written form;
2. The seller confirms the shipment using Russian Post, by telegram or registered mail with notification.

In the latter case, if the owner avoids answering or receiving notice, you must wait 30 days. This is not enough if the child has the right of first refusal. Additionally, consent from the guardianship authorities will be required.

Notarized refusal

To complete the waiver you will need the following documents:

• title documents;
• passports.

These documents are necessary to identify the person and confirm ownership of the property.  

If it is not possible to involve co-owners in notarizing the refusal, a notification is sent. It must be in written form. Send it by mail, even if you live in the same apartment. This will provide documentary evidence that the legal procedure was followed.

Price

The cost of filing a waiver depends on the method you use. If you act through a notary, it is equal to the cost of his services. As a rule, it is 1000-1500 rubles. But the exact cost depends on where you live.   

If we are talking about notification by registered mail, the cost depends on the tariffs of the postal service. If you send a letter through the nearest post office, the cost will be minimal.

Waiver of the right of first refusal to purchase a room

If the co-owners do not provide written notice, the refusal is considered automatic after 30 days. Only after this can you offer the room to outside buyers.

The refusal can be issued according to the sample. It is important that it contains the following points:

1. full address of the apartment;
2. a description of the room, which is a clearly defined area and location;
3. redemption price indicated in rubles;
4. the period during which a decision can be made to purchase the room;
5. the name and passport details of the co-owner who announced his refusal of the room;
6. date and signature of the co-owner.

In the case of notarization, the form is stamped and signed by the notary.

Waiting period for refusal

After this time, we can assume that the co-owners refuse to buy the room. If the owner acts through a notary, it is possible to obtain evidence that letters were sent to the co-owners. To obtain this document you will need the following:

• copies of letters;
• receipts issued by post office confirming the sending of notifications.

After receiving the certificate, you can put the room up for sale without fear of prosecution.

Selling without consent

In this case, any of the co-owners has the opportunity to challenge the transaction through the district court. If the defendant does not provide supporting documents, the judge will side with the injured party.

If one of the co-owners agrees to purchase a room on the seller’s terms, he has no obligation to formalize it in writing. In this case, a purchase and sale agreement is simply concluded and payment is made.

After this, you can submit documents to Rosreestr to transfer ownership to the new owner. It is important that the contract contains all important terms, such as a full description of the room, payment terms, and the rights and obligations of both parties. The rights of minor owners, if any, must be taken into account.

Thus, before putting a room in a communal apartment up for sale, it is important to obtain waivers from other co-owners or obtain consent to purchase. This is due to their right of first refusal. If their rights are violated and the room is immediately sold to a third-party buyer, the transaction is considered invalid and can easily be challenged in court.

How to sell a room in a communal apartment 2018

What does the seller of the room risk if he violates the provisions of Art. 250 GK?

The seller does not bear any risks except that he may be summoned to court. All risks in this case are borne by the buyer of such housing. After all, he may lose the specified room and at the same time the seller of the room will have to return the money paid for it to him.

If the seller no longer has the money, then the payment may take a lifetime.

Roommates whose priority right has been violated have the right to file a claim within 3 months to transfer ownership of the property to themselves, paying the price specified in the purchase and sale agreement.

The best way to sell a room in a communal apartment is to enlist the support of your neighbors and get from them a notarized waiver of the pre-emptive right to purchase.

In such a situation, the room will be more liquid and more likely to be bought. Nobody wants to buy rooms where the neighbors are against new tenants moving in.

If your neighbors are categorically against selling the room, but you still need to sell, then you need to notify your neighbors about the upcoming sale a month before the proposed transaction.

Please note that due to changes in legislation dated August 3, 2018, transactions for the alienation of shares in the ownership of real estate are subject to mandatory notarization!

• Sample statement  of intent to sell a room in a communal apartment
• To: Full name address
• From. Full name and passport details
• NOTICE
• about the intention to sell a room in a communal apartment

Moscow _________2017

 I, _________________________________ hereby notify you that I am selling a room belonging to me measuring ____ sq. m. m. for No. 2 in communal apartment No. _____ in house No. _______, bldg. _______, on the street. ______________for 2,900,000 rubles (two million nine hundred thousand rubles).

The alienated room _____ m² for No. 2 belongs to me by right of ownership on the basis of the Sale and Purchase Agreement of the room No. ___________ dated ________, which is confirmed by the Certificate of State Registration of Rights ________ dated _________. We invite you to take advantage of the pre-emptive right to purchase in accordance with Article 250 Civil Code of the Russian Federation.

1. If we do not receive a response from you after the specified period, the room belonging to me will be sold to another person for the price indicated above.
2. I inform you in advance that I will not reduce the price or provide deferment or installment payment.
3.    ___ ___________ 2017
4. _______________       ______________________________________
5. It is necessary to send the above notification by a valuable letter with a list of attachments with acknowledgment of receipt. In the investment description you must write the following wording:

Download inventory doc

If your neighbor avoids receiving the letter, you can use a trick and send the above letter by parcel post. A neighbor may think that he has received some kind of package and may still go to the post office and receive a notification. Otherwise, the transaction for buying a room is no different from a regular transaction.

As I wrote in other articles, you can, when selling or buying an apartment or room, independently find a buyer or seller while saving up to 80% of the cost of real estate services. But the transaction can and should be entrusted to a lawyer or realtor.

In such a situation, you will save and not lose money.

The cost of our services to support real estate transactions starts from 30,000 rubles, more details here. Attention! Those companies that do not post prices on their websites usually hide their high costs!!!

Notice of sale of a room in a communal apartment: sample

A notice of intention to sell a room in a communal apartment is a mandatory document required to complete the transaction. Its necessity is due to the pre-emptive right of purchase of neighbors, regulated by Article 250 of the Civil Code of the Russian Federation. Taking into account this factor, the question of the rules for registration and the procedure for sending notification becomes relevant.

Necessity of notification

In accordance with the law, neighbors in a communal apartment have a preemptive right to purchase a room. Accordingly, in order to sell shared ownership to an outsider, the shared owner must obtain the consent of all other owners.

This procedure is expressed in drawing up a notice that is sent to each neighbor who has shared ownership in a communal apartment. The document is sent only to owners; tenants do not need to be notified.

The key aspect of the notice of sale of a room in a communal apartment is the terms of the transaction. They should not differ depending on the addressee, that is, neighbors should be offered the same price and terms as the potential buyer.

If this procedure is not followed, the neighbor may, within three months, legally demand the rights and obligations of the buyer. Accordingly, the concluded deal will be challenged. To avoid such situations, pay attention to the rules for drawing up notices.

Drawing up a notice

Notification of the sale of a room in a communal apartment must be issued in writing . The document must contain the following information:

• full name and passport details of the originator;
• the full name of the neighbor to whom the notice is sent; if the owner of the share is a legal entity, then its full name is written down;
• a brief statement of the intention to sell a share in a communal apartment, full address, description of the room, size of shared ownership;
• the cost of the proposed premises;
• clear formulation of the pre-emptive right to purchase a share in a communal apartment, reference to Article 250 of the Civil Code of the Russian Federation;
• notification of a period of 30 calendar days for a response;
• seller contact information;
• date of writing the letter, signature.

The cost of a room in a communal apartment should correspond to the future transaction. If the price is changed, the notifications will have to be drawn up again. Taking this aspect into account, notices are issued in cases where there is already a preliminary agreement with the buyer.

When specifying a period for a response of 30 days, the consequences of its absence are also prescribed. To do this, indicate that if there is no response within the specified period, the room will be sold to third parties.

Contact information is required. If neighbors live nearby all the time, a telephone is enough. However, if one of the parties lives in another place, all available methods of communication are prescribed.

Sample notice of sale of a room in a communal apartment

The notice of sale of a share may be written entirely by hand or printed. If there are several co-owners of a communal apartment, it is recommended to use one printed sample and change the name of the recipient.

The notice of sale of a room in a communal apartment is drawn up in free form and does not have an approved template. The document is drawn up with the mandatory inclusion of key conditions.

All written provisions of the letter document must correspond to reality. If the neighbor is offered conditions different from the deal concluded later, the sale of the room in the communal apartment can be appealed.

Below you can download a sample notice of sale of a share in a communal apartment. If necessary, the letter can be supplemented with current provisions and data.

How to send a notification?

When selling a share in a communal property, it is necessary to take into account the likelihood of neighbors agreeing to purchase a room. To avoid misunderstandings with customers, follow a certain procedure:

• verbally negotiate with other owners of a communal apartment the possibility of buying and selling a share and its approximate cost;
• in the absence of consent from the neighbors, they find an outside buyer and enter into a preliminary agreement;
• after this, they send a written notice to all neighbors indicating the main terms of the transaction;
• after receiving a written refusal from the remaining owners, the main contract is drawn up with the buyer;
• When registering a transaction with Rosreestr, they provide documents indicating that neighbors have been notified of the pre-emptive right to purchase a room.

The most difficult thing in notifying neighbors about the sale of a share in a communal apartment is handing over the completed notice. With good relations, this can be done in person, immediately receiving a written response to the notice.

To comply with the procedure for notification of a pre-emptive right, you must:

• receive a written refusal to purchase a share of a communal apartment;
• if you agree to complete the purchase and sale transaction;
• do not receive a response within a month.

The last aspect applies to cases where the neighbor gives neither consent nor refusal. In this situation, it is necessary to have confirmation that the notice was sent. To do this, it is recommended to send it by registered mail with acknowledgment of receipt.

Refusal to accept such a notice is recorded in the mail with a special stamp. When registering a transaction in Rosreestr, an envelope with such a mark is presented as confirmation of compliance with the established procedure.

Another way to issue a notice of sale of a share in a communal apartment is to contact a notary. He can resend the required letter, and if there is no response, he will draw up a document confirming compliance with the prescribed procedure and the lack of response.

Drawing up a registered letter and contacting a notary is also relevant in cases where a neighbor deliberately refuses to receive notification. If the whereabouts of the other owner are unknown and there are no ways to contact him, a lawsuit is filed to declare the citizen missing.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

How to sell a room in a communal apartment? Right of first refusal when selling a room in a communal apartment +Video

A large number of Russians continue to live in communal apartments. Therefore, issues related to the sale of rooms in a communal apartment continue to be relevant.

The most frequently asked question when selling a communal room is the need to obtain a waiver of the neighbors' preemptive right to purchase a share.

Communal apartment

The concept of communal apartments arose in the 20-30s of the 20th century during the period of resettlement of citizens, when other families were moved into the rooms of citizens living in large and spacious apartments. Communal apartments hardly fit into the realities of modern society. Even the term “communal apartment” itself is absent in legislative documents at the federal level.

In some regions, there are still regional bills that operate with this concept. For example, “Resettlement of communal apartments in St. Petersburg.”

Based on this document, we can give the following definition to the concept of “communal apartment” - this is an apartment that consists of more than five living rooms that have different owners - owners who are not related to each other.

Distinctive features of a communal apartment include:

• Accommodation in an apartment for several families paying separate bills for housing and communal services,
• Each family or individual resident owns an entire room as property or under a rental agreement; common areas are either shared ownership or can be used on the basis of a social tenancy agreement,
• Each resident in the apartment received rights to a room for one reason or another, separately and independently from the other residents.

Rooms in communal apartments today can be privatized. Since the privatization process is an individual process, there may be both fully privatized communal apartments and partially privatized ones.

In addition, some communal apartments and rooms can still be arranged under a social tenancy agreement.

It is possible to sell only those rooms that residents use as property, regardless of the reasons for their occurrence (purchase, donation, inheritance, privatization).

The law establishes the pre-emptive right to acquire a share in real estate for other owners of the property. Without their consent or refusal, it is impossible to sell a share in the apartment to third parties.

Therefore, when selling a share, it is necessary, first of all, to offer its purchase to neighbors under the same conditions and price, and if they do not plan to purchase a share in their own property, it is legally correct to prepare a waiver of the pre-emptive right to purchase.

To do this, the remaining owners must visit the notary's office and write a waiver of the share being sold. Without this document, the transaction cannot be registered in the State Register at all.

We answer your questions

How can I get around the need to obtain a waiver of the right of first refusal?

In practice, it is not always easy to get this refusal from neighbors, especially if relations with them leave much to be desired. Neighbors may refuse to sign this document due to their own reasons or principles, and sometimes they will even create obstacles out of nowhere.

In such situations, there are several options for resolving the issue:

1. Conduct a transaction under a gift agreement. It is necessary to agree with the buyer that the transaction for the purchase and sale of a share in the apartment should be formalized as a gift transaction. When registering a change of ownership based on a gift agreement, it is not necessary to register a waiver of the right of first refusal by neighbors. It is important to understand that in this case, in addition to the money for the share in the apartment, the buyer will need to pay 13% of the value of the property as income tax to the state.
2. Send notarized notifications to the remaining owners about the planned sale of a share in the common property. Sending one such notification will cost 2500-3000 rubles. It will be possible to sell shares to a third party after 30-60 days.
3. Sending notifications about the sale of shares to other owners of common property on your own. For registration, the sender does not matter much; the deadline of 30-60 days will also remain the same, but the cost of the procedure will be reduced significantly; sending a notification to one addressee will cost about 150 rubles.
4. Not all buyers are willing to wait one to two months until all the evidence is collected that the owners have been notified of the sale of a share in the apartment. There is a faster way that does not require collecting refusals from neighbors at all. As we have already found out, waivers are not required in case of donation of a share. Therefore, you can consider the following option with the buyer without the need to collect waivers of pre-emptive rights from neighbors. A gift agreement is drawn up for the amount of the deposit. Since the area to be donated will be insignificant, conventionally one or several meters, the tax on the gift for the buyer will also not be large. But this will make it possible to obtain ownership rights to a share in the apartment. Thus, the buyer has become the owner of a share in a communal apartment and, as an owner, receives the right of first refusal to purchase other shares. In this case, waivers from other owners are not required.

ATTENTION, the option of “donating” an apartment is essentially a “gray scheme” and carries serious risks, so when implementing it you need to be completely confident in the buyer and his intentions, otherwise you risk being left with a rather “interesting” piece of real estate - a room in a communal apartment , which is also in shared ownership.

In addition, any neighbor in a communal apartment can challenge a pretend donation transaction, which is actually a purchase and sale transaction, and demand that the ownership of the housing be transferred to him.

Create a pledge for the share and sell it to a third party. The buyer must sign a loan agreement secured by existing real estate. The seller of the room intentionally fails to pay the loan amount, this gives the buyer the opportunity to legally recover the mortgage on his property.

How to prepare notifications for neighbors about the sale of a share in a communal apartment yourself?

It is worth remembering that only the owners of privatized rooms have the right of first refusal; there is no need to coordinate the sale with those who live on the basis of a social tenancy or lease agreement. It is possible to find out the actual rights to rooms in a communal apartment in Rosreestr.

IMPORTANT: if there are rooms in a communal apartment that have not been previously privatized, then the administration is considered their owners. In this case, the notification must be sent to the municipal property management department.

Prepare notification text

The text of the notification should indicate

• Personal data of the room seller and the addressee of the letter,
• The information part that the seller is selling a room that legally belongs to him (which ones are indicated, as well as details of the certificate of ownership of it),
• Size, price and address where the share of the property being sold is located,
• Reference to the legal grounds for the pre-emptive right to purchase within a month, or sale to a third party (Article 250 of the Civil Code of the Russian Federation),
• Informing about actions in case of failure to receive a response - selling the room to third parties without his consent,
• Date of preparation of the notification, signature of the applicant and its transcript.

A sample and notification form can be downloaded here.

Download (DOCX, 68KB)

1. At any branch of the Russian Post, you must fill out an A-4 envelope, indicating the addressee and sender. The value of the letter is declared to be 1 ruble.
2. In addition to the text of the letter, it is necessary to include an inventory (the form can be obtained at the post office, or can be downloaded here) and a notification of delivery.

   Download (DOCX, 97KB)
   The inventories are compiled in two copies, and the notification of delivery in one. One copy of the inventory remains with the sender. The notification of delivery must be completed on both sides.

   The letter with the inventory is sent in an envelope, the postal employee packs the envelope, checking the contents of the envelope for compliance with the compiled inventory, and certifying the document with his signature and seal.

Receipts for sending letters must be kept.

After the letters are sent, all that remains is to wait. If neighbors sign notices with the postman or pick up the letter at the post office, the notice will be returned approximately a month after it was sent. If the neighbors refuse to accept and receive them, then after two months you will be able to get your letters back at the post office. They will have a mark indicating that the addressee refused to receive them. They must be kept sealed with all postage marks. In the first case, in order to register the re-registration of ownership rights to a share in the apartment, you will need to attach a receipt of delivery to the documents. In the second case - all remaining documents confirming the attempt to notify the owners about the sale of the share: sealed letters, an inventory left with the sender, unsigned notifications, a receipt for payment for the service.

How to obtain a waiver of the pre-emptive right if the location of the neighbor is not known?

Resolving this situation will take time, as there is a need to declare him missing in court. The basis for establishing the status of “missing person” is the absence of information about a citizen for more than 12 months.

In a statement of claim to declare a citizen missing, you must immediately indicate the reason for this - compliance with the pre-emptive right to purchase a room in a communal apartment. In the absence of this information, the claim will not be accepted for consideration.

As supporting documents, you can attach responses to requests from address bureaus and an extract from the house register. The court will conduct interviews with neighbors and relatives of the disappeared person, and send inquiries to the place of his probable whereabouts.

How to get a waiver of the pre-emptive right to purchase if a neighbor died and the heirs did not have time to take over the rights?

This is one of the most difficult situations. In this case, it is necessary to follow the workarounds that were described above or apply to the courts to recognize the deceased’s share in the apartment as escheatable property and the administration is obliged to accept it on its balance sheet.

During court proceedings, the person to whom the property of the deceased is inherited is identified, or the share in the apartment is recognized as escheat and passes to the state.

And, therefore, a person appears to whom notifications can be sent with information about the sale of the room.

In this case, when registering a transaction in Rosreestr, it is necessary to attach a court decision to all submitted documents.

As you can see, selling a room in a communal apartment involves many legal subtleties and formalities.

The main thing that remains is timely notification of neighbors about the planned sale of the room and obtaining an official waiver of the right of first refusal.

Only in this case, a transaction to sell a room to a third party cannot be declared invalid by the neighbors in court.

Nuances of issuing a notice of sale of a room in a communal apartment: sample document. Is it possible to do without the consent of neighbors?

One of the most difficult types of legal transactions is the sale of a room in a communal apartment. It takes longer and also has its own characteristics.

In this article, we will look at how to draw up the necessary documents and how long the neighbors’ waiver of the pre-emptive right to purchase a room lasts. We will also tell you what to do if the neighbors are categorically against the sale and in every possible way interfere with the transaction.

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

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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Features of this type of property

First of all, it is worth deciding what kind of residential premises has the status of a communal apartment?

1. All owners of residential premises own it on the basis of various documents (social tenancy agreements or certificates of ownership).
2. Payment for housing and communal services is made through different personal accounts created for each of the owners.
3. The common areas in the apartment are shared ownership of the owners.

Let's take a closer look at the features of selling a room in a communal apartment or dormitory.

Pre-emptive right to purchase

Important! The main feature of selling a room in a communal apartment is the pre-emptive right to purchase from the co-owners of the premises.

The law is regulated by Art. 250 of the Civil Code of the Russian Federation, which indicates the advantage of participants in shared ownership when selling a share, and also establishes the procedure for exercising this right. But part 6 of Art. 42 of the Housing Code of the Russian Federation indicates the same right specifically for a communal apartment.

Who has it?

All persons who own a share in the apartment have an advantage, regardless of the size of their participation in shared ownership. The emergence of such a right is quite natural, because people living in communal apartments will be able to improve their living conditions.

However, the preemptive right when purchasing a share in a communal apartment appears when a person sells it to an outsider , but if the transaction is made with another shared owner, then no advantage arises.

That is, if other shareholders in the apartment also want to buy a room, then the seller has the right to choose a buyer at his own discretion.

Notice of intention to complete a transaction

After receiving the notification, the owners are given a month to make a decision on purchasing the room . If within a month none of them bought the room, then the owner has the right to sell it to strangers.

There are three legal options for transmitting such a notice:

1. Personally in hands. The seller personally gives notice to each neighbor and obtains their signatures agreeing to sell.

   Attention! This method is possible, but in the event of a trial, such refusals to purchase will have weak evidentiary value.

2. Sending by registered mail or telegram with notification . This method is possible if all co-owners live together, or if the seller knows exactly their residential address. In other situations, it will be extremely difficult to prove anything in court, despite the fact that the Civil Code has introduced liability for evading important messages (Article 165.1 of the Civil Code of the Russian Federation).
3. Sending a notification through a notary . The main and only disadvantage of this method is the price of notary services, especially if there are several owners and they all live at different addresses. Otherwise, this is the most reliable option, since the notification is drawn up by a notary, certified by him, sent to the co-owners, and as a result, the Seller is issued an official certificate of filing of notifications.

Expert opinion

Vasiliev Oleg Borisovich

Many years of experience in various areas of law

Waiver of the pre-emptive right to purchase a room in a communal apartment

• Have questions? Consult a lawyer (free of charge, 24 hours a day, seven days a week):
• 8 (800) 350-13-94 - Federal number
• 8 (499) 938-42-45 — Moscow and Moscow region.

8 (812) 425-64-57 - St. Petersburg and Len. region

When selling any type of real estate in a communal apartment or any actions with an allocated share, there are a number of mandatory rules, failure to comply with which leads to termination of the transaction in court proceedings. According to Art.

250 of the Civil Code of the Russian Federation, when selling a room, the rest of the residents of the communal apartment have priority in purchasing this part of the property. The seller has the right to sell his part of the property to strangers only if the other applicants refuse.

How to obtain a waiver of the pre-emptive right to purchase a room will be described in detail in this article.

The success of a transaction with an outside buyer depends on the correct implementation of preparatory measures, otherwise any agreement may be challenged in court.

Therefore, notification must be made in writing, indicating the value of the real estate with a detailed description.

Options for providing a waiver of redemption to Rosreestr:

1. In the form of a written application when submitting the main documents for registration.
2. Via Russian Post by registered mail with notification or telegram.

Important! If disputes arise regarding the price or the applicants ignore the appeal, then you should wait a month, after which the transaction can be completed. If the potential buyer with priority right is a child, then an additional response from the guardianship and trusteeship authorities is required.

Refusal from a notary

The most reliable and legally significant is a notarized waiver of the pre-emptive right to purchase a room or a share of real estate.

Despite the fact that the service is not free, after the document is signed by all residents of the apartment, the seller can safely put it up for sale.

If one of the residents cannot be present himself, then it is necessary to issue a notarized power of attorney for another person. Each potential applicant must have with him:

1. Title documents for your share or room.
2. Identification.

  Forum of shareholders of the Ramensky residential complex VKontakte - problem solving

In the event that the owners refuse to visit the notary, it is necessary to send a notification by registered mail, even if they live in the same apartment.

Having received a message about the sale, relatives or neighbors in a communal apartment must decide to buy the property or refuse, and then send a response to the seller. Thus, the legal formality will be observed.

And if within one month from the date of delivery of the registered letter there is no offer to purchase, then this guarantees complete freedom of action.

The letter can be written in any form or based on a sample downloaded from the Internet. Information that must be provided:

1. Address and location of the apartment.
2. Description of the room with exact dimensions and area.
3. Cost in rubles.
4. Period for making a decision.
5. Full name and passport information from the owner who refused the room.
6. Date and signature.

If a document is drawn up by a notary, it is additionally signed by a notary and affixed a seal.

Service cost

The costs of registering a disagreement to buy a room or share will depend on the method of notification. When notarized, the service can cost up to 1,500 rubles depending on the region, and through registered mail - according to postal tariffs.

Attention! The owner can additionally obtain a certificate from a notary that the co-owners have been notified of the sale. To do this, you must provide the notary with copies of each letter and postal receipts. After receiving the certificate and waiting 30 days, the owner can be guaranteed to sell his home without any fear.

According to the law, it is possible to sell without consent only if the notification procedure is correctly completed. That is, the co-owners were notified, but did not respond to the notification. It is prohibited to look for a new buyer without using the pre-emptive right of the co-owners.

The purchase and sale is immediately formalized, and then the package of documentation is transferred to Rosreestr for re-registration of the owner.

  Agreement for the sale and purchase of a share in an apartment through a notary

In addition to describing the parameters of residential real estate, the contract must contain the following information:

1. Terms and methods of payment.
2. Responsibilities and rights of the parties.

If you have minor children, you will need to obtain permission from the guardianship authorities.

Often in practice, the seller cannot agree on the price with the applicant for the purchase of a room. In this case, it makes sense to invite an independent appraiser or use the services of a realtor who knows the real estate market well and will help determine the price.

Unrealistically inflated figures can also be a reason for a dissatisfied co-owner to go to court. In addition, the owner of the room does not have the right to sell his home for less than the price he indicated when notifying.

In this case, the transaction can also be challenged by one of the contenders, especially if he was ready to buy for a final amount.

conclusions

Before selling a room or share in an apartment, the owner must obtain either written consent or a refusal to purchase from other cohabitants of the apartment.

Without this documentation, Rosreestr will not re-register the transfer of ownership to another individual. But even if the deal goes through, it can easily be challenged if desired.

By complying with all procedural norms, the property owner relieves himself of a lot of problems and the possibility of persecution by law enforcement agencies.