How to calculate the share in the right of common ownership of common property, calculation of the share of a land plot in an apartment building

Recently, I was again struck by a discovery in the real estate industry. It turns out that many lawyers, cadastral engineers and other persons related to the relevant issue do not have a common opinion on the issue of determining the share in the right of common shared ownership of common property in an apartment building.

[1]. Share in the right to common property in an apartment building

It's no secret that in accordance with Part 1 of Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building:

• – premises in a given house that are not parts of apartments and are intended to serve more than one room in a given house;
• – other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of the premises in this house;
• – roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;
• – the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot.
• Thus, common property includes a plot of land, some premises in an apartment building, and even structures and equipment - that is, a certain complex of objects.

This complex of objects, together with residential and non-residential premises (which do not belong to the common property in an apartment building) constitutes an apartment building in the broad sense, and this apartment building needs management, maintenance, etc. Also for these purposes, the legislator introduces the concept of “share in the right of common ownership of common property in an apartment building.”

[2]. Determination (calculation) of the share

According to Part 1 of Art. 37 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises.

Simply put: the size of the share directly depends on the size of the owner’s respective premises.

And the share of a particular owner of a premises is the result of dividing the total area of ​​his premises by the sum of the total areas of all premises in an apartment building (which do not belong to the common property in the apartment building).

This also correctly correlates with the definition of “share” as such in the literature, in particular, “a share (and any) is a certain ideal category used to designate the scope of rights of a particular person in property owned by several persons and which cannot be divided” – Practice of application of the Civil Code of the Russian Federation, part one / Under general. ed. V.A. Belova. 2nd ed. M., 2011.

And the legislator indicates: the scope of powers of the owner of a premises in an apartment building directly depends on the total area of ​​the premises of this owner.

[3]. Small apartment example

For example, there is an apartment building that consists of 2 residential and 2 non-residential premises (which do not belong to the common property in the apartment building). The area of ​​all premises (residential and non-residential) is the same - 30 m².

Approximately this apartment building (non-residential premises on the 1st floor, residential premises on the 2nd floor):

The sum of the total areas of all premises in this house is 120 m².

Thus, the share of each owner is 30/120 = 0.25 (or 25%, or 250/1000).

Let's check: 0.25 + 0.25 + 0.25 + 0.25 = 1. Correct.

If the owner of an apartment on the 2nd floor buys an apartment from a neighbor, then his share will be equal to – (30 + 30)/120 = 0.5 (or 50%, or 500/1000). Nothing will change for owners of non-residential premises on the 1st floor.

Let's check: 0.5 + 0.25 + 0.25 = 1. Correct.

As you can see, no miracle formulas or miracle coefficients are required. It's simple: the size of the share in the right of common ownership of common property is determined through the ratio of the total area of ​​the owner's premises to the sum of the total areas of the premises of all owners. This is the proportionality from Part 1 of Art. 37 of the Housing Code of the Russian Federation.

As we can see, add to the “calculations” the area of ​​​​premises that belong to the common property (inclusion of unknown coefficients through the area of ​​the MOP, that is, common areas: stairs, corridors, basements, etc.

, - especially popular, judging by my observations), area of ​​land, dimensions of sanitary equipment, etc. not required. Moreover, such absurd additions and coefficients lead to the fact that the sum of the shares of all property owners deviates from 1 (or 100%).

And this, among other things, means that the number of votes of all owners of premises becomes equal to 146%, 69%, or acquires another dubious value.

Share is an ideal category. Ideal category relative to other owners.

This is by no means the actual volume of square meters (especially since, as previously stated, “common property includes a land plot, some premises in an apartment building, and even structures and equipment - that is, a certain complex of objects”).

Are there colleagues or other portal visitors who think differently?

How to calculate the share in the right of common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code)

IP/Host: 88.84.218.— Registration date: 01/10/2010 Messages: 2,392	Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) Remembering the rule of proportion: 2000 - there is 1,300 - there is x, we get: x = (300*1)/2000 = 0.15 or 15/100
#2

IP/Host: 90.188.95.—

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) Is this accurate? I also thought about this option, but it seems wrong, because... We are talking about a share in the right to common property, and the size of the share is calculated based on the area of ​​the entire house, and not on the size of the common property……….. I also don’t understand how to calculate the size of the common property……

#3

IP/Host: 88.84.218.— Registration date: 01/10/2010 Messages: 2,392

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) according to Clause 1 of Art. 37 the share in the right of common ownership of common property in an apartment building is proportional to the size of the total area of ​​​​the premises. You are probably right that you also need to know the total area of ​​​​all apartments. let’s put it at 1500, then the share of the total property (area of ​​the total property 2000-1500=500) will be different: x=(300*1)/500=0.6 0.15 less than 0.6 it’s better to pay for 0.15: smiling:

#4

IP/Host: 90.188.95.—

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) So that’s the question: it’s proportional... But the common property consists not only of entrances and storage rooms, the area of ​​which can be easily determined on the basis of documents. And also roofs, pipes, walls, heating units, heat-electric systems……. (Ga-ha-haaaaaaaaaa, I have hysteria ...) How is it all to be considered together?! Well, we took the area of ​​the entire house... So this is only the area... And, by the way, depending on what it is, 0.6 and depending on what it is, 0.15 - right? Maybe 0.6 will be much less than 0.15.

#5

IP/Host: 88.84.218.— Registration date: 01/10/2010 Messages: 2,392

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) Lay down! Expensive! I beg you - 0.6 or 0.15 is only a fraction of an absolute value. They cannot be compared with each other (I was humorous), because... they are taken from completely different wholes: 500 and 2000!!!!! There, the adjacent territory may also be common property. Earth. How to count it around the house or under the house?! Why is it necessary? if you only maintain common property, then take option 0.6 All costs for the monthly maintenance of the common property are multiplied by 0.6 - this will be the ruble share of the maintenance of the common property proportional to the area of ​​the owner of the premises of 300 sq.m.

#6

IP/Host: 90.188.95.—

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) I beg you - 0.6 or 0.15 is only a fraction of an absolute value. They cannot be compared with each other (I was humorous), because... they are taken from completely different wholes: 500 and 2000!!!!! Well, I’m talking about the same thing, in principle... Oh, why do you need it...... oh, you need it... well, yesssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss]--------- she  everyone . . . .    I be keeps at the  top,  All  on  the  same  topic,  I  have  already  messed  up  everyone's  heads  with  my  (or, rather, other people's)  problems...  The  main  thing  for  what  is  needed  is  that  the  residents  are  gathered  to  come  to  their  senses...  And  from  which  side  to  approach ... So they called a meeting, but there are no documents on these damn shares! How are they going to count the votes?!

#7

IP/Host: 90.188.95.—	Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) My whole story about this http://forum.garant.ru/read.php?7,1521344 http://forum.garant.ru/read.php?7,1522023
#8

IP/Host: 88.84.218.— Registration date: 01/10/2010 Messages: 2,392

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) Well, if literally according to clause 3 of Article 48 of the Housing Complex of the Russian Federation, then the total area of ​​​​common property is needed. Then the thought came to me, why only the share in the common property based on the area?! Property is subject to valuation: pipes, elevators, apartments - everything has its price. Share in the right to property, trace. If you know the total value (inventory) of all property, separately of apartments (premises), you can determine the value of common property. And count proportionally. When we actually divide a residential building into several owners, we can make the division according to actual use, or we can do it according to the value of the shares owned. Maybe this will help?! You need to take a technical passport for the entire building. There will be an assessment of all the property in the house. You can ask the BTI for a methodology for calculating shares by cost and area... I think this is a real way to reduce maintenance costs

#9

IP/Host: 90.188.95.—

Re: How to calculate the share in the common ownership of common property in an apartment building! (Clause 1 of Article 37 of the Housing Code) I found a confident formula in the article: the owner’s share is equal to: the area of ​​the premises belonging to a particular owner divided by the total usable area of ​​the house and multiplied by 100 percent :creepy: All that’s left is to find out what the usable area is!

#10

Calculation of the share of land under a building - questions for a lawyer - 2023

16 of the Federal Law of December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation.”

This Procedure also determines the procedure for submitting the above information to the territorial tax authorities of the Sverdlovsk region for the calculation and collection of land tax. 1.2.

This Procedure applies to land plots on which apartment buildings and real estate included in such a building are located (hereinafter referred to as land plots). 2.1. In accordance with paragraph 1 of Art.

16 Federal Law No. 189-FZ, paragraph 1, Art. 36 of the Housing Code of the Russian Federation in the existing development of settlements, the land plot on which the apartment building and other real estate objects included in such a house are located are the common shared property of the owners of the premises in the apartment building.

These Guidelines are the basis for the development of a methodology for calculating the standard sizes of land plots in condominiums by constituent entities of the Russian Federation or local governments.

This Code of Rules contains references to the following documents: “Urban planning. Planning and development of urban and rural settlements" "Regulations on determining the size and establishing boundaries of land plots in condominiums", approved by Decree of the Government of the Russian Federation of September 26, 1997 No. 1223. 3.

1 The Methodological Guidelines for calculating the standard sizes of land plots in condominiums transferred to the common shared ownership of homeowners free of charge are based on the principle of determining the value of specific indicators of the land share for buildings of different number of storeys on the basis of urban planning standards of various periods of mass housing construction.

SP 30-101-98 Guidelines for calculating standard sizes of land plots in condominiums

The development of a project for the boundaries of a land plot in a condominium is carried out taking into account the urban planning documentation of a specific quarter (neighborhood), subject to the requirements of paragraphs 3 and 7, approved.

Territory surveying projects when establishing the boundaries of land plots in condominiums are developed within the boundaries of planning units of the city, another settlement (neighborhoods, blocks or parts thereof).

The specific indicator of land share is the area of ​​residential territory within the boundaries of a planning unit per 1 m

the total area of ​​residential premises included in the condominium.

2 In newly developed territories of cities and other settlements, the determination of the standard sizes of land plots in condominiums is carried out in accordance with current federal and territorial urban planning standards, on the basis of urban planning documentation for development and land surveying projects developed in accordance with urban planning documentation for territory planning and land use rules and developments.

On approval of guidelines for calculating standard sizes of land plots in condominiums

The development of a project for the boundaries of a land plot in a condominium is carried out taking into account the urban planning documentation of a specific quarter (neighborhood), subject to the requirements of paragraphs 3 and 7, approved.

Territory surveying projects when establishing the boundaries of land plots in condominiums are developed within the boundaries of planning units of the city, another settlement (neighborhoods, blocks or parts thereof).

The specific indicator of the land share is the area of ​​residential territory within the boundaries of the planning unit per 1 m_2 of the total area of ​​residential premises included in the condominium.3.2.

In newly developed territories of cities and other settlements, the determination of the standard sizes of land plots in condominiums is carried out in accordance with current federal and territorial urban planning standards, on the basis of urban planning documentation for development and land surveying projects developed in accordance with urban planning documentation for territorial planning and land use rules and development.3.3.

Calculation of the share of land in proportion to the occupied area

, taking into account certificates of shares in the right of common ownership of common property, in accordance with an extract from the state land cadastre dated year No., Art. 36, 37 of the Housing Code of the Russian Federation, clause 10 of article 3 of the Federal Law

• “On the entry into force of the Land Code of the Russian Federation”
• Should we simply calculate the share of the area of ​​the entire shopping center (including public parks), or should we still subtract the area of ​​public spaces from the total area?
• Or do you need to first calculate the share in the store space, then the share in the municipal enterprises, and only then, adding them up, begin to calculate the share in the land plot?
• damn... a simple question, but something makes me doubt the many options.

How to calculate the share in a land plot calculator

How to correctly calculate the share in an apartment Let's look at the example of calculating shares in an apartment with a total area of ​​71 m2, in which the rooms have an area of ​​10, 15 and 20 m2, and the area of ​​common areas is 28 meters:

1. For a room of 15 square meters – 21/100.
2. The share of the total area - according to the same scheme will be 0.36.
3. For a room of 10 meters, the calculation procedure is as follows: the total area is divided by the area of ​​the room = 0.14 / 100 of the total area.
4. For the 3rd room – 0.28.

1. Each owner of the rooms is allocated equal shares in the right of common ownership, regardless of the size of the room at the rate of 0.36:3 = 0.12.
2. The certificate of ownership specifies both the residential share and the common use share in the common apartment. Attention ConsultMill - legal advice How to calculate the share in an apartment - formula and instructions Contents:

1. How to correctly calculate the share in an apartment ↓
2. How to calculate the share in an apartment online ↓
3. Articles of the law ↓
4. Agreement on determining shares ↓
5. Ask a lawyer a question → free consultation ↓
6. Section by shares of communal apartment ↓
7. Division of apartment by shares ↓
8. How to calculate the tax on the share of an apartment ↓
9. Formula ↓
10. Instructions ↓

Division of an apartment by shares Division in this case involves the allocation of an isolated room for one or several owners with the right to a common living area, for example, in a multi-room apartment, each of the residents is allocated a room.

On approval of the Procedure for calculating the share of the owner of premises in an apartment building in the right of common ownership of the land plot under the apartment building

Calculations of shares in the right of common ownership of each owner for common property in an apartment building are made on the basis of information received from the bodies carrying out cadastral registration, maintaining the state real estate cadastre and state registration of rights to real estate and transactions with it, as well as technical inventory bodies. Share of the owner of the premises in the right of common ownership of common property in an apartment building is calculated according to the following formula: D = S (premises of the owner) / S (all premises in an apartment building), where: D is the share of the owner of the premises in the right of common ownership of common property in an apartment building, S (owner’s premises) - the total area of ​​residential and non-residential premises belonging to a specific owner, S (all premises in an apartment building)

How to calculate the share of land under an apartment building

Hello, please fill out an application in accordance with Art.

131 of the Code of Civil Procedure of the Russian Federation - it must contain: information about the parties to the case (about the plaintiff, defendant, third parties), the essence of the dispute, the plaintiff’s demands, justification of the plaintiff’s demands, calculation of claims (for a property dispute). Article 131. Code of Civil Procedure of the Russian FederationForm and content of the statement of claim1 . The statement of claim is submitted to the court in writing.2.

Share of land for multi-apartment calculator

1.2.3.In accordance with Art.

46 of the Town Planning Code of the Russian Federation, the decision to prepare documentation on territory planning, including land surveying projects, is made by the local government on its own initiative or on the basis of a proposal from individuals or legal entities to prepare documentation on territory planning.

1.3. State cadastral registration and valuation of land plots on which apartment buildings are located is provided without charging fees to the owners of premises in the apartment building.

Head of Kamyshlovsky urban district

Determination of shares in common property in an apartment building

MIP Encyclopedia » Housing Law » Housing Fund » Determination of shares in common property in an apartment building

The share of common property is allocated strictly in proportion to the living space of the apartment owner.

Content

Today, modern legislation distinguishes two key types of common property - joint and shared, as stated in Art. 244 Civil Code of the Russian Federation.

In other words, real estate can be listed as common shared property, where all subjects are vested with powers in relation to shares, or it can be classified as common property of joint use, in which the process of allocating a share is not carried out.

It is necessary to realize that the size of the share in such a building will depend directly on the area of ​​private property in the house. This rule is laid down in Art. 37 part 1 of the Housing Code of the Russian Federation.

This legal norm applies to owners of residential buildings and buildings used for non-residential purposes.

The size of the share in the right of common ownership of common property in an apartment building

A share in the right of common ownership of common property, as stated above, is allocated to each of the shareholders of the premises strictly in proportion to the living space of the apartment belonging to him. If you draw up a calculation formula, you can summarize that the total amount of shared ownership in the house is equal to 1 unit (or if calculated as a percentage - 100%).

In addition, having analyzed the Housing Code of the Russian Federation, namely Art. 48 part 3, it can be understood that these 100% are not only the total area of ​​shared ownership, but also the number of votes of all property owners. Such a calculation is correct and logical.

A share in the right of common ownership of the common property of an apartment building is not an actual square footage, but a more abstract unit that gives the owner a certain list of powers.

When determining the size of shares in the right of common ownership, the circumstances listed above are taken into account. Let’s say the equity share of an apartment building is 100%.

To withdraw a certain share in such a house, it is necessary to divide the area of ​​the apartment owned by one or another owner by the total shared area of ​​the premises (100%), which are not included in the common residential property.

From the mathematical calculation presented above, it can be understood that when determining the size of the share, it is not necessary to derive any long and confusing formulas. On the contrary, everything is logical and simple. It is precisely this proportionality that is fixed by the current norms of the Housing Code.

To summarize, we can come to the conclusion that a share in the right of common ownership of common property is an ideal category for every owner of premises in an apartment building. 

Changing the size of shares in common shared ownership

According to the current legal regulations in the Russian Federation, a change in the size of the share in property classified as common property of a shared nature occurs only in a few cases:

• When implementing inseparable modifications of common property. In other words, these improvements cannot be carried out without violating the integrity or causing harm to the economic area of ​​the common property.
• When the owners agree to renovate the house at their own expense, which will not entail an increase or decrease in usable space.

Due to the fact that shares in the right of common shared ownership are determined taking into account 100% of the area, even if they are changed, it is necessary to obtain consent from all owners in the multi-apartment building. If such changes are made by one of the participants, then other shareholders have the right to go to court to resolve the issue of correct calculation of the size of the share of each of them.

After the court decision to change the size of shares acquires legal force, it is necessary to register the new rights of the owners with government agencies.

Share of common property and ownership

A share in the right of common shared ownership is a category that has repeatedly become a determinant for conflict situations between the owners of apartment buildings. In particular, the key factor for the emergence of property conflicts is the right of common shared ownership.

The definition of the right to common shared ownership can be considered in an objective and subjective sense.

In the first case, we are talking about a set of legal norms that regulate relations regarding ownership of property (which is a single whole) by several persons at one time, but in clearly demarcated shares.

The right of common shared ownership can arise taking into account the grounds of various and varied legal facts.

However, drawing a conclusion based on practice, in most cases the right arises after the completion of a civil transaction that was carried out by several persons, for example, a sale and purchase.

The share in the right of common ownership in common property duplicates the fate of the right of a residential apartment. In other words, if the prerogative to use real estate passes to another owner, then the powers of disposal will correspond to the scope of the rights of the previous owner.

Registration of shared ownership rights in an apartment building

Registration of a share in the right of common shared ownership is regulated by Art. 23 Federal Law No. 122-FZ. This rule of law determines the derivative nature of such a transaction, since it directly depends on the registration of rights to real estate, including in an apartment building.

In order for the registration of a share in real estate to be successful and in accordance with the law, it is necessary to provide a complete package of documentation:

• Application for state registration of shared ownership rights. It can be submitted by: each of the owners of such property personally or through his representative, representatives from the HOA, or persons representing the interests of all owners.
• A document confirming the fact of payment of the state fee for registration of property rights (original and additional copy).
• Documentation that records the size of each share, the full names of the owners of real estate, information about all premises in an apartment building.
• Technical passport of the object, and if an additional land plot is registered, then a cadastral plan.

In addition, it is necessary to provide title documents that confirm the fact that the owners have the ability to dispose, use and own property in an apartment building by law, in particular:

• an act of a government agency is required, which confirms the transfer of land into common shared ownership;
• an act on the commissioning of public buildings and structures after reconstruction work;
• contracts for the sale and purchase of common shared buildings and other buildings;
• additional documents if there was a change in shares.

Only if you have the entire package of documents is it possible to register the right of shared ownership. Otherwise, a refusal will be issued.

Prohibition on alienation or allocation of a share of common property by the owner

The issue of alienation or allocation of a share of common property is regulated by Art. 37 Housing Code of the Russian Federation. After the determination of shares in the right of common shared ownership has occurred, prohibitions regulated by law are imposed on the participants in the agreement. In particular, the article regulates the ban on the alienation of shares.

According to Art. 290 clause 2 of the Civil Code of the Russian Federation, a property share cannot act as an independent object of civil transactions.

Accordingly, the principle follows from this norm that a share in common property cannot be alienated separately from real estate.

In addition, the owners of a residential shared building are not given the right to implement in practice other actions that entail the provision of this share separately from the rights of ownership of the apartment.

Determining shares in the right of common ownership of common property is a rather complex procedure that requires the participants to have good legal knowledge. Therefore, when registering rights, it is recommended to contact professional lawyers who will bring all the documentation into proper form.

How to calculate the share of a land plot in the common ownership of mkd

Krasnoufimsky district of May 18, 2011 N 351 PROCEDURE FOR DETERMINING SHARE OF LAND LOCATED UNDER MULTIPLE BUILDINGS 1. GENERAL PROVISIONS 1.1.

This Procedure for the actions of the local government body of the municipal formation Krasnoufimsky District for determining the shares of land plots located under apartment buildings (hereinafter referred to as the Procedure) defines the rights and obligations of the local government body of the municipal formation Krasnoufimsky District in determining the shares of land plots located under apartment buildings, the grounds for the emergence of the right common shared ownership of premises owners in apartment buildings after the formation of a land plot under an apartment building and a unified procedure for calculating shares in the right to land plots of premises owners in apartment buildings, in order to implement Art.

How to calculate the share in the right of common ownership of common property

• Without the participation of a notary, the execution of a transaction for the sale of a certain part of the land cannot be legal.
• Content:

• Head of Kamyshlovsky urban district
• Calculator for calculating shares in the right of common shared ownership
• How to calculate shares of a land plot
• Plots of land that are in common shared ownership of several persons
• Calculation of the share in the right to common property in an apartment building
• Allocation of a land plot from common shared ownership: step-by-step instructions
• Shared ownership of land
• Calculation of the share of a land plot in common shared ownership

Head of the Kamyshlovsky urban district The period for consideration of the case will be 60 days. Any court decision has the legal force of a traditional title document.

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Hello, please tell me how to calculate the ratio of shares in the right to the common joint area of ​​a land plot - total. area -1400 sq.m. one owner has 600 sq.m., and the second has 800 sq.m.

Needed to draw up an agreement on determining shares, I calculated it this way: one gets: 600*1000/1400=428/1000;
and the second, respectively, has 571/1000, is this correct or not, if it is correct how to indicate in the ratio for example: 1/4 or 1/6 calculate the shares Collapse Online legal consultation Answer on the website within 15 minutes Ask a question Answers from lawyers (1) All legal services in Moscow Challenging the right to a building Moscow from 20,000 rubles. Challenging the right to a house in Moscow from 15,000 rubles. Share in the apartment Calculation of the share of the apartment owner in the common property Share of the apartment owner in the common property Total living area 1,000 2. Address of the land plot: st. (house number) 3. Cadastral number of the land plot: 4. Total area of ​​the land plot, sq. m. m.

: Calculation of the area of ​​the land plot according to the share of the apartment owners in the common property Apartment No. Full name of the owners Share of the owner in the apartment Calculation of the area of ​​the land plot according to the share per apartment Area of ​​the land plot according to the share per apartment (sq. m.

) 1.0000 TOTAL The calculation was made by: Specialist of the 1st category of the Committee for Property Management and Land Resources of the Administration of the Kamyshlovsky Urban District Appendix of 2011 No.

Kamyshlov On the recognition of a land plot under a storey residential building on the street as the common shared property of the owners of the premises For the purpose of executing Art.

Calculation of the share of a land plot in common shared ownership

The size of the share of the owner of an apartment (premises) in the common property (D and) of an apartment building is calculated using the formula: S sq – area of ​​the apartment (premises) in accordance with the data of the technical inventory authorities; S house – the total area of ​​an apartment building owned by individuals and legal entities, including the area of ​​residential and non-residential premises necessary for the operation of the building; D – owner’s share in the premises. 3.4. The calculation of shares in the right to a land plot under an apartment building is carried out according to the share per apartment (room) (S building) is determined by the formula: S building = S building * D and, where S building is the total area of ​​the land plot located under an apartment building, indicated in the cadastral passport of the land plot; D and – the share of the owner of the apartment (premises) in the common property of the apartment building.

Head of Kamyshlovsky urban district

Attention As a result, the common property of the entire house will be divided in the same way, the owners of two large apartments will have the right to use almost all the premises common to everyone (provided that they can somehow do this so as not to violate the law and the rights of other owners) . Calculating the share in common property is a rather complex task. If the other owners are ready to negotiate, then the property can be divided in a way that suits everyone. If not, you will have to go to court, prove your case, and so on. It is almost impossible to do this without an experienced lawyer. At a free consultation, specialists will answer the most common questions, and they can also represent the client’s interests in court, which, as practice has proven, makes it possible to achieve exactly the result that is needed.

How to calculate the shares of a land plot relative to the shares in a house

Mechanism for determining the shares of premises owners in apartment buildings of the Kamyshlovsky urban district 3.1. Share in the apartment Calculation of the share of the apartment owner in the common property Share of the apartment owner in the common property Total living area 1,000 2. Address of the land plot: st. (house no.) 3.

Cadastral number of the land plot: 4. Total area of ​​the land plot, sq. m. m.

: Calculation of the area of ​​the land plot according to the share of the apartment owners in the common property Apartment No. Full name of the owners Share of the owner in the apartment Calculation of the area of ​​the land plot according to the share per apartment Area of ​​the land plot according to the share per apartment (sq. m.

) 1.0000 TOTAL The calculation was made by: Specialist of the 1st category of the Committee for Property Management and Land Resources of the Administration of the Kamyshlovsky Urban District Appendix of 2011 No.

The right of common shared ownership of the owners of the premises of an apartment building to a land plot located under an apartment building arises by force of law without additional registration of the transfer of rights. 2.4. Due to the principle of payment for land use (clause 7, part 1, art.

1 of the Land Code of the Russian Federation), the transfer of a land plot under apartment buildings into the ownership of the owners of the premises means that they will become obligated to pay land tax, and payers are organizations and individuals who have the right of ownership of land plots located within the municipality on whose territory a tax was introduced (Articles 15, 387 and 388 of the Tax Code of the Russian Federation). 2.5. Based on paragraph 1 of Art.

Calculation of the Share of a Land Plot in the Common Shared Property

When calculating the size of the joint property of an apartment building for residents of communal apartments, corridors, kitchens, bathrooms and other shared objects should be taken into account. There are special formulas for this.

If you have disputes with your neighbors and you cannot decide which of you owns what share in the common property, we advise you to seek help from professional lawyers.

By using this service, you will be able to argue your point of view and convince other neighbors of this.

How to calculate the share in the right of common ownership of common property

The calculation of shares applies not only to an individual apartment, but also to common property in an apartment building. And what’s surprising is that there is currently no consensus on the issue of determining shares. Notaries, lawyers, engineers are still confused with the calculation formula. Of course, this is even more difficult for ordinary people to understand.

But the results will allow you to calculate the amount of utility bills. If it turns out that the housing office is charging more than the standard, residents can apply for a recalculation. For information about who to write an application for, what to collect and where to apply, read the article “Payment of utilities for shared ownership.”

Calculation of the share of a land plot in common shared ownership

The Tax Code of the Russian Federation “Responsibilities of bodies, institutions, organizations and officials to report to the tax authorities information related to the accounting of organizations and individuals” has been supplemented with clause 9.

2, which obliges local governments annually, before February 1, to report to the tax authorities at their location information about land plots recognized as an object of taxation in accordance with Art. 389 of the Tax Code of the Russian Federation, as of January 1 of this year. 4.2. According to paragraphs. 10 and 11 art.

85 of the Tax Code of the Russian Federation, the forms and formats of the information provided for in this article submitted on paper or electronically to the tax authorities, as well as the procedure for filling out the forms, are approved by the federal executive body authorized for control and supervision in the field of taxes and fees.

Moreover, local government bodies submit the relevant information to the tax authorities in electronic form.

In the process of dividing land, the rights of citizens who have not reached the age of majority, have limited legal capacity or are completely incompetent must be respected.

Indivisible plots Determining the shares of each person who has the right of ownership of an indivisible land plot is not a complex legal procedure, but it is often deliberately complicated by the parties to the transaction as a result of the fact that they do not want to agree with the will and want to register as large a share as possible in their name.

The plot on which the building was erected is considered indivisible, and therefore the division of the land or the designation of boundaries is not possible without violating the integrity of the house.

How to calculate the share in the right of common ownership of common property

The division of property always begins with determining the share that will belong to each owner.

Depending on the situation, this can be either an equal division, in which everyone receives the same share as the others, or an unequal division, in which some owners receive more than others. It all depends on the terms of the division, agreements between the owners or a court decision.

Common shared ownership of common property in an apartment building is all the premises and areas that belong to all residents in accordance with the size of the living space they occupy. This includes landings, the attic, the ground under the house, and so on.

What property is subject to land tax.

The size of the land share is calculated in hectares and ballohectares.

Thus, the size of the land share in hectares is calculated by dividing the total area of ​​agricultural land transferred into the common ownership of the participants (members) of the agricultural organization by the number of persons entitled to receive ownership of land shares. The total area of ​​land shares is determined according to inventory data, and in their absence - according to a state act. How to calculate land tax for an entrepreneur. For more information about this, see.

The procedure for determining the shares of land plots located under apartment buildings in the Kamyshlovsky urban district

1. Recognize a land plot from the category of land in settlements with cadastral number__________, total area______sq.

m, located at the address:________, building No.___, common shared ownership of the owners of premises in an apartment building in proportion to the share in the right of common ownership of the common property of an apartment building, in accordance with the explanatory note on the calculation of shares in the right to a land plot under an apartment building (attached).

The right of common shared ownership of the owners of the premises of an apartment building to a land plot located under an apartment building arises by force of law without additional registration of the transfer of rights.

2. The tax base for land plots that are in common joint ownership is determined for each of the taxpayers who are the owners of this land plot in equal shares.

1. In cases where housing relations are not regulated by housing legislation or an agreement between the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, housing legislation regulating similar relations is applied to them, unless this contradicts their essence ( analogy of law).

How to divide a land plot that is in shared ownership

Be sure to provide a certificate confirming the right of common shared ownership. This document is required at any stage of the legal process regarding the division of land ownership between co-owners. This paper is proof of the authority to own, use and dispose of the site.

Interesting: Where do I need to register after changing my tax registration?

Common shared ownership is the ownership of land by several persons who are endowed with equal rights to the object and do not have the right to dispose of it of their own free will, without obtaining the consent of the others.

How to calculate the share in the right of common ownership of common property

• X is a specific share that will belong to one owner.
• Y is the total size of the property. In our case it is equal to 1.
• Z – the number of owners into whom the property must be divided. In our case - 4.

Any real estate object is always conditionally equal to one. And this unit is divided among all owners depending on the very agreements mentioned above.

An approximate calculation formula for 4 people might look like this:

Legal questions and answers

4.3. Municipal authorities in the Sverdlovsk region submit to the territorial tax authorities information about land plots to the extent they have, and first of all, information that is not in the state real estate cadastre and in the unified state register of rights to real estate and transactions with it .

Step 2.

Calculation of shares in the right of common ownership of common property and the number of votes of each owner. The share of the owner of a premises in the right of common ownership of property in an apartment building is proportional to the size of the total area of ​​​​the specified premises (Clause 1 of Article 37 of the Housing Code of the Russian Federation). The number of votes of each owner at the meeting is determined in the following order: - the share in the ownership of the property and the number of votes possessed by each owner of the premises are calculated.

Allocation of a share in kind of a land plot from common shared ownership

Let's imagine that a citizen received an inheritance in the form of a share in the common ownership of land. But he doesn’t want to use the land, but he really needs money. Consequently, the heir can separate his share from the common property (and/or receive compensation), and then find a buyer and sell him the separate plot.

Before making an extension to the house, you need to obtain the consent of the remaining shareholders. Allocating your share in kind will eliminate the need to consult with members of the partnership (cooperative). If everything is done correctly, the summer resident will receive land for individual housing construction and will be able to start construction.

How is the share of a land plot in common shared ownership in an urban district calculated?

Hello! Unfortunately, it is not possible to answer quickly, since answers to your questions require not only a certain investment of time, but also some clarifications, including in relation to the title documents of each owner for the land plot and the buildings erected on it, which you wanted would like to get acquainted. For detailed advice, you can write to me at: [email protected] All the best! With respect to you!

Hello! The division of the plot is carried out on the basis of allocated land plots (as in the household register) and in accordance with the actual boundaries. If the boundaries and size of the plots cannot be agreed upon, the dispute is resolved in court

Interesting: How can a Chernobyl survivor get a car?

Division of a land plot in shared ownership

Dividing a plot into two parts is a fairly simple task. Even if the second owner does not agree to the division, the plot will still be divided equally in court. However, difficulties arise when the site is divided between several users at once.

There are many facts that characterize the division of land. For example, if a land plot is burdened with debt, then it, like the land plot itself, is in principle divided among the owners. Also, a nuance is the fact that the presence of buildings also leads to an uneven division of the land plot.

What is common shared ownership of a land plot?

After the collective farms and state farms that existed during the Soviet Union were disbanded, in the late 1980s it was decided to transfer their lands occupied by agricultural land into the ownership of former collective farmers.

Since these plots had previously been intensively used, at that time there was no point in dividing them - for some time the reorganized agricultural enterprises operated as before.

After cheap products from European countries began to be exported to Russia, domestic agriculture became unprofitable and land plots in common shared ownership gradually fell into disrepair.

To do this, the cadastral engineer will carry out land surveying and draw up a land survey plan, on the basis of which the plot will subsequently be registered with a new cadastral number in the Unified State Register of Rights to Real Estate and Transactions with It (USRP).

An announcement is placed in the local media that the shareholder wants to allocate his share and set a date for the general meeting of the owners of the land plot.

How to allocate a share from the common shared ownership of a land plot

The court decision comes into force after ten days. This period is given to the parties to challenge the decision with the regional court. If there is no appeal, if the court’s conclusion is positive, the plaintiff can carry out land surveying.

• Preservation of the category of intended use of land;
• Compliance with allotment sizes allowed by urban planning standards;
• Compliance with local building codes if the site is located within the city;
• Absence of crossings of the allotment border with the border of municipal property and other populated areas;
• Strict compliance with geometric boundaries, excluding intersection with other land holdings and construction projects;
• No obstacles to the use of land by other owners of the common allotment.

How to allocate a land share in kind from common property

If the consent of the co-owners for the allotment has been received, but the participants cannot agree on the boundaries of the area being formed, then a draft boundary plan and a resolution of the cadastral engineer should also be attached to the application.

At the meeting, holders of the right to a share who wish to allocate it in the form of a plot must obtain consent to this action from all co-owners of the common plot, drawn up in the form of minutes of the meeting, signed by the assembled persons.

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