Minimum share size in an apartment

A bill defining the minimum share of residential property depending on its total area and limiting the rights of owners to move in “extra” citizens was adopted by the State Duma in the first reading. This was announced yesterday by the head of the Duma Committee on Legislation Pavel Krasheninnikov.

The ability, not limited by law, to “split up” living space almost down to the centimeter, registering it as the property of dozens or even hundreds of people, has led to a lot of negative phenomena in the housing market.

The owner of just a meter in an apartment or room receives all the rights of a property owner.

“Representatives of the election commissions ‘noticed’ that the opportunity to register a hundred people in one apartment is being used in the election campaign,” Pavel Krasheninnikov gave an example.

 “Here’s an “extra” hundred votes for you.” Registration in this way, used, in fact, to legalize guest workers, is much more common.

In addition, Krasheninnikov admitted that the possibility of registering “microshares” in the property helps to cash out maternity capital (however, the deputy did not disclose the specific scheme of how exactly this is done).

But he said that such “dimensionless” apartments are of great interest to law enforcement agencies involved in the fight against extremism. And this is no wonder. After all, as a rule, not all co-owners actually live in the apartment.

The bulk, having received completely legal registration, dissolves in the city.

A heated debate erupted around the bill, which proposed introducing space restrictions when registering shared ownership. A number of experts believed that there will always be ways for scammers to circumvent the law. But law-abiding citizens may suffer.

That is why, when the text of the document was being finalized, reservations appeared in it regarding privatization and inheritance - the limiting framework will not apply here.

In general, it is proposed that with a total housing area of ​​up to 30 square meters, a minimum share of 1/3 can be issued; with footage from 30 to 60 “squares” - 1/6; from 60 to 120 square meters - 1/10 and, finally, if the apartment or house is more than 120 square meters, the minimum share is 1/15.

“Thus, the minimum share that can be registered in the property should be sufficient for one person to live,” Krasheninnikov explained. – In most cities, the registration norm for placing on the housing queue is 9-10 square meters.

So we proceeded from approximately the same parameters.”

Similar rules, the deputy clarified, will apply in municipal housing when drawing up social tenancy agreements. It will be impossible to move someone in if, as a result, the area becomes less than the accounting norm.

An exception will be made for close relatives - children and parents. If a couple living in a tiny room in a communal apartment gives birth to triplets, there will be no problems with registering newborns.

They intend to “settle” the already accumulated problems by limiting the right to sell residential microshares only to co-owners, and not to outsiders.

May 31, 2011

Legal assistance on any real estate issues Find out more about services and prices

Other legal news on real estate

Read all news

Sign up for a consultation right now! Solving any issues related to housing and other real estate.

A minimum size will be established for shares, which gives the right to live in an apartment

One of the most pressing housing problems—share raiding—is being discussed in the State Duma. Thousands of people have already become victims of scammers. The new law must eradicate this phenomenon as a class. How are they going to get rid of the professional neighbors who are pushing the owners out onto the street?

What methods of deception do scammers resort to in order to take over a micro-share in someone else’s apartment, and then survive the main owners - this problem is now being actively discussed and the new bill should solve at least part of the issues of apartment raiding.

What is the essence of the bill on raiding micro-shares in an apartment?

New registration rules. Who will be prohibited from registering apartment owners?

The new bill, which is being considered in the State Duma today, should limit such neighbors from abusing their rights. Parliamentarians are determined to protect respectable owners from those who are trying to do business on square meters.

A package of specific solutions has been developed. If the bill is adopted, the size of the share cannot be less than what is actually necessary for the residence of a particular owner. Otherwise, he simply will not receive the right to use and will not be able to register at the new address. In addition, it will become impossible to resell the share without the consent of other owners.

“What is the essence of the bill? We do not allow splitting shares to third parties - that is, outsiders.

Not to relatives - this will not concern relatives - but to strangers who have engaged in such a business, which, from our point of view, is illegal,” explains Galina Khovanskaya (A Just Russia faction), Chairman of the State Duma Committee of the Russian Federation on Housing Policy and Housing and Communal Services. .

Difficult family relationships, due to which common housing is divided, will cease to be a tool for scammers. If the law is passed, share raiding should disappear.

Rights of the owner of a small share in an apartment: clarification of the Supreme Court

Apartment raiding spread in the real estate market during a period when contracts for the sale and purchase of shares in residential premises were made in simple written form. As a result of inheritance or divorce, property rights were divided into many shares, and the owners, as a rule, could not agree among themselves. Fraudsters successfully took advantage of this situation.  

According to the law, the owner must first offer his share to another owner and only after his refusal, put it up for auction.

In order for this requirement to be strictly observed, the legislator introduced a mandatory notarial form of the agreement for the alienation of a share in common property.

Before certifying the contract, the notary makes sure that the remaining owners are notified of the plans for the sale, and within a month have not expressed their desire to buy the proposed square meters.

But scammers have found a way to circumvent this rule. “In order not to offer their share to co-owners, they give a small share of their share to an outsider,” explains Moscow notary Alexandra Ignatenko. “Then they make a deal that doesn’t require notifying the other co-owners.”

To prevent people from suffering from the actions of so-called “professional neighbors,” it is necessary to eliminate these gaps in the legislation.

A bill has been developed proposing to prohibit the donation of shares and establish a minimum share size that gives the right to live in an apartment - no less than the accounting norm, which, for example, in Moscow is 10 square meters.

When the rights of micro-share owners to use residential premises are detailed based on reasonable approaches, raiders will lose interest in such real estate.

What is the minimum share that can be allocated to children based on maternity capital?

When providing families with financial resources of maternity capital, the executive branch obliges the receiving party to provide children with a share in ownership of the housing space. It follows that property rights must be fixed for the entire family individually.

When paying off a mortgage loan using maternal capital, children should also be given shares in the property. Through the above requirements, the government stands for the protection of the rights of minor citizens.

Obligation to provide shares

The obligation to allocate a share is a document confirmed by a notary on the mandatory division of rights to own shares of living space between members of the entire family, including young and adult children.

The obligation is sent to the Pension Fund, complete with an application for investing maternity capital funds in improving the level of living conditions. Regulated by the “Rules for the use of maternity capital to improve housing conditions”, enshrined in Decree of the Government of the Russian Federation No. 862 of December 12, 2017.

Before transferring capital by the Pension Fund, in order to guarantee the allocation of shares of living space to minor citizens, citizens must give a written commitment to allocate shares.

A commitment is required in a number of cases:

• If, at the time of acceptance of the application for the use of maternity capital funds to improve the quality of living conditions by the Pension Fund, the living space is not recorded by the state register as the common property of the family. That is, under a residence purchase agreement, not all family members own shared property. If the housing has already been purchased with a mortgage by the owner of the certificate, then it is possible to allocate shares only after being released from the debt encumbrance;
• When concluding an agreement in installments, on the condition that the selling party transfers ownership after the final payment;
• Shared construction of housing - property rights can be recorded only after the object is put into operation;
• When participating in a housing, savings or housing-construction association, state registration takes place upon payment of the final contribution;
• When constructing or recreating a private household, ownership rights can be obtained after the issuance of a cadastral passport for a private household.

If the mortgage is taken out by both spouses or they represent parties to the purchase and sale agreement, then both parents sign the obligation.

To compose the text and register a document, you need to contact a notary office with a complete list of papers, including:

• Certificate holder's passport;
• Documentation of the birth or adoption of children (if available);
• Marriage registration certificate;
• Documents confirming the ownership of real estate, such as an extract from the register for members of a housing association, a purchase and sale agreement, etc.;
• Extract from the Unified State Register of Real Estate (documentation of registration of ownership of real estate);
• Mortgage agreement (if any).

The contents of the document depend on the type of acquisition of residential space:

• Purchase of housing by the owner of the certificate under a purchase and sale agreement;
• Release from mortgage debt;
• When purchasing a place of residence in installments;
• When directing maternity capital funds to recreate or build a private home.

It is also required to register a share of residential property for unborn children. If the spouses plan to have children in the future, then the obligation must contain a clause on the redistribution of shares of owners of residential real estate.

Minimum share size

The minimum size of the share in an apartment based on maternity capital for a child has not been established, but any subject of the Russian Federation has its own standard for the amount of living space per person.

For example, in the Moscow region the norm for living space is 18 square meters per person, in the Perm region - 18, in the Nizhny Novgorod region - 13, and so on. Article 38 of the Housing Code of the Russian Federation sets a standard of 12 square meters, and the minimum sanitary standard is 6 square meters.

The national average for a child's share of family property ranges from 9 to 12 square meters. You should familiarize yourself with the regulations of the subject of your residence and proceed from the established values.

If one of the spouses made a large investment in payment for the purchase, then the share of the real estate that was paid for with maternity capital is divided.

The procedure for providing a child with a share in an apartment

According to established legislation, the distribution of shares to children must occur within six months after the selling party receives financial resources of maternity capital.

To record the common ownership of residential real estate, it is necessary to present an agreement establishing the size of shares (may include a list of conditions for the division of jointly acquired property) and a gift agreement.

In the event of a dispute between parents about the distribution of shares or evasion of the obligation to allocate a share, the division of shares takes place in court.

If one of the spouses owns the property, then the procedure for dividing the living space is divided into two stages:

1. Living space is shared by spouses under a marriage contract;
2. Shares are distributed among the children.

If both spouses own the home, the children can immediately be given shared ownership. In this case, there are two types of allocation of shares to children: an agreement on the determination of shares or a gift agreement.

Agreement

• The agreement on establishing the size of shares for children when using maternity capital is regulated by paragraph 4 of Article 10 of Law No. 256-FZ “On additional measures of state support for families with children.”
• The law indicates that citizens who own maternity capital undertake to allocate shared ownership in residential property paid for by maternity capital to adults, minors and subsequently born children.
• In the agreement, spouses play the role of owners of real estate, legal representatives of children and recipients of shares.
• To record the act of establishing the size of shares, you must follow the algorithm of actions:

1. Division of property between spouses;
2. Drawing up by spouses of a notarial obligation on the allocation of shares;
3. Payment of the state fee for state registration (you must present a copy of the receipt). According to paragraph 2 of Article 333.33 of the Tax Code of the Russian Federation, the amount of the duty does not exceed 2000 rubles;
4. Contacting the authorities involved in registering property rights to certify the rights of the parties to the agreement to a share in the real estate;
5. Presentation of documents on the transfer of shares to Rosreestr.

Donation

You can give a child a share of real estate by gift in the following cases:

• Both parents own the living space;
• A marriage contract has been concluded. This agreement implies the possibility of transferring one’s own living space to one of the spouses.

To vest rights to shared property by gift, you need to draw up two agreements for the allocation of shares from the property from each parent and a deed of gift.
If a citizen does not have a spouse, then she needs to fill out a document indicating the children being gifted and the area of ​​shares transferred to them.

In the case of a marriage contract, according to which the real estate becomes the property of the woman, this document also indicates the spouse and his share.

When transferring shares of real estate under a gift agreement, two registrations are carried out: the gift agreement and the transfer of shares to a child.

Registration of property rights

Registration of property rights is carried out by the State Register or universal centers of State Services, such as “My Documents”.

To do this, you need to collect all the necessary papers, fill out an application for state registration of real estate and pay a fee of 2,000 rubles. After this, an employee of the institution will give a receipt for the acceptance of documents with an individual number. It can be used to track the results of your registration request.

To complete the registration, you will need an application for registration, a document identifying the recipient and the transferring party, a receipt for the paid fee and a gift agreement or agreement on determining shares. The process of registering property rights usually lasts no more than 10 days.

Is it possible not to register a share for a child?

Since the state provides maternity capital with the condition that your child must be provided with housing, and the receiving party gives a written obligation to give the child a share of the property, avoiding registration of shares in the name of the child is illegal.

Without allocating shares to children, all real estate transactions will be considered invalid, and the state will be obligated to return the financial resources of maternity capital.

There will also be friction on the part of the prosecutor's office and guardianship, because in this case the rights of minors are violated.

After receiving maternity capital funds, all transactions related to its implementation are controlled by the guardianship authorities and the Pension Fund, which have every right to submit a request for information about transactions in relation to real estate to the competent authorities, such as Rosreestr.

Sample documents

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.

What share should be allocated to children based on maternity capital?

• The state, by allocating funds under the maternity capital program, forces parents to undertake an obligation to provide housing for their children.
• Young families use a mortgage to provide their family with housing, and when the loan is repaid using maternity capital, the child is required to receive a share in the residential property.
• This requirement allows the state to guard the legitimate rights and interests of minor members of society.
• In most cases, a mortgage is issued by spouses who act as co-borrowers and homeowners.

The state, while allowing the use of maternity capital funds to purchase housing, does not indicate what specific share in the housing should belong to the child.

If we turn to the norms of housing legislation, it becomes clear that we are talking about 12 square meters per person. But this size may also be smaller, since the minimum sanitary standard is only 6 square meters.

Therefore, parents, when registering ownership of real estate, must take into account the requirements of the current legislation so that the child’s rights are not infringed.

In order to allocate shares to their children, parents can use one of two possible methods:

• draw up a notarized agreement on what share in residential real estate is allocated to each of the children when using maternity capital funds to purchase housing;
• draw up a deed of donation of shares for your children.

1. Let's consider what an agreement on the allocation of shares in the parents' residential real estate is.
2. First of all, this is a notarized document drawn up in strict accordance with the norms of current legislation, which will be accepted for registration by the relevant government agency represented by Rosreestr without any problems.
3. At the same time, notary services for drawing up an agreement can range from 1.5 to 2 thousand rubles.

The law does not require mandatory certification of an agreement by a notary. It can be drawn up in simple written form, without the need to pay for the services of a notary, however, the legal purity of the document will suffer, and the state registrar may not accept the document for entering data into the Unified State Register of Real Estate.

This is explained by the fact that there is no single form for such a document. Therefore, the approach of state registrars to it is subjective.

If the allocation of shares is made by drawing up a gift agreement, then Rossreestr accepts such documents without comments.

However, there are also difficulties here, which depend on the type of housing ownership, that is, parents own shares in the housing, or the housing is in common shared ownership. There are no difficulties in owning shares. One parent gives part of his share, and the other - his.

• In the event that the housing is in common shared ownership, it is taken into account that each parent owns half of the property, however, registrars in some cases require that the housing be first divided into shares between the spouses and then given to their children.
• In this regard, there is a need for preliminary consultation with the registration authority on what specific requirements they impose, so that later you do not have to redo the documents.
• What are the differences and similarities between an agreement and a gift agreement?
• The difference between them is in form, but in content, each of them must include the following information:

• day, month and year of document preparation;
• personal data of participants, including last name, first name, patronymic, full date and place of birth, registration address and place of actual residence, series, number and date of issue of passport;
• characteristics of the residential property, its postal address, size of the total and living area;
• information on the basis of which document the residential real estate property belongs to the parties to the transaction;
• what is the size of the share for each of the participants in the transaction.

The number of copies of the document depends on the number of participants in the transaction and children. Plus one more copy for the registration authority. So, if there are two children in a family, then five copies of the document are needed.

The gift agreement is signed by all participants: both those who give and those who receive the gift. For minor children, the document is signed by parents, as their legal representatives.

Parents decide on their own which method to use to allocate shares in residential real estate to children.

Once a decision has been made in favor of one method or another:

Submission of these documents is possible both to the USRN division by territoriality and to the MFC. The law allows 10 working days for reviewing documents, and 12 days when applying to a multifunctional center.

1. After the specified period of time, each of the parties to the transaction will receive a document confirming the state registration of their share in the housing.
2. Some nuances
3. By receiving permission from the Pension Fund to use maternity capital funds to purchase real estate, you commit to allocating a share to the child in the purchased housing.
4. The Pension Fund transmits this information to the Unified State Register of Real Estate in order to prevent the alienation of housing without registering a share in the real estate to a child whose funds were used to purchase housing.
5. However, over time, a situation arises when the mortgage is paid off and there is a need to expand housing, which becomes scarce as the children grow up.

How can you sell this home, in which the child’s share is registered, and buy more?

Without the permission of the guardianship and trusteeship authority, such a transaction is impossible. However, as practice shows, guardianship and trusteeship authorities extremely rarely give such permission.

You can try to sell real estate without permission from the guardianship and trusteeship authority. This is possible if for some reason the Pension Fund did not inform about restrictions on the sale, due to the need to register a share for children.

In the future, everything concerns only the conscience of the parents - whether to register shares for children or not to register them. However, sooner or later, this will come to light, and then you will have to answer according to the law.

Therefore, it is best to do everything as required by law, register shares in the mortgaged housing for the children, and then resolve all issues with the guardianship and trusteeship authorities.

If parents have the opportunity to buy a separate home and register shares there for their children, then there will be no problems obtaining permission from the guardianship and trusteeship authorities.

However, it should be borne in mind that the size of shares in new housing should not be less than in mortgaged housing. Otherwise, permission to sell may not be obtained.

• When is the obligation to allocate shares for children considered fulfilled?
• Parents fulfill their obligations to their children for the use of maternity capital when the children’s shares undergo state registration in the Unified State Register of Real Estate.
• However, it will still be impossible to sell the apartment without permission from the guardianship and trusteeship authority until the children become adults.

It should be borne in mind that after fulfilling obligations, there is no need to specifically notify the Pension Fund about this. In the same way, there is no need to withdraw the previously given obligation from the Pension Fund to allocate shares in housing for children.

If a question arises, it is enough to present an extract from the Unified State Register of Real Estate stating that the children’s share in the housing is registered.

Share:

No comments yet

Shares in an apartment and changes in legislation 2018: ban on sale, notification and consent of owners

In order to purchase a share, the buyer may be hindered by some legislative nuances. This also includes the pre-emptive right to purchase, the prohibition on alienation of a share if the owner is a small child, etc. Let’s look at this issue in more detail.

New law on the sale of a share in an apartment, changes in the law on shared ownership 2018

The new law on the sale of part of an apartment includes a number of regulatory legal acts, which include:

1. Civil Code of the Russian Federation.
2. Law on Privatization.
3. Federal Law on state registration of rights to real estate, etc.

Innovations in legislation affected many aspects. The most important change was that all transactions related to the acquisition and alienation of shares must be completed through a notary.

Without a document certified by him, the transaction will be considered unconcluded and the rights to the property will not be transferred. Also in this situation, the registration authority is obliged to refuse citizens to register the transfer of rights and make a corresponding entry in the register.

According to the norms of the legislation of the Russian Federation, the donation of a share is also subject to certification by a notary. The innovations do not concern the procedure for the alienation of part of real estate in situations where the property is not divided into shares.

Is it possible to sell a share in an apartment and how to do it

After he certifies the document presented by the parties, they have the right to state registration of the transfer of property.

The parties are only required to provide a certain package of documents, which includes:

• passports,
• property documents,
• refusal to acquire a share by other owners of such real estate.

Minimum ownership share in an apartment

The innovations to some extent also affected the procedure for determining the minimum share. This is necessary in order to avoid unjustified fragmentation and prevent infringement of the rights of citizens.

If the living area does not exceed thirty square meters, then the minimum you can arrange is one third of the housing, if the footage exceeds the thirty square mark, then one sixth.

In a situation where the housing is more than one hundred and twenty square meters, the share should be no less than one fifteenth.

Microshare in residential real estate: new law

Microshares in apartments bring a lot of inconvenience to both residential property owners and legislators. This is due to the fact that unscrupulous persons, in order to obtain registration for strangers, split housing into small parts, which, in principle, does not allow living in them.

According to the new bill, splitting an apartment into small parts will now be prohibited.

Regardless of the square footage of the residential premises, the minimum share for each registered person in it must be no less than the established standards established by housing legislation. Today it is six square meters.

Procedure for selling a share in your apartment, terms of sale

The conditions for registering the purchase and sale of housing divided into shares include a lot of nuances. You can only sell that share that other share owners have refused to purchase. When completing a transaction, you will have to contact a notary and pay a state fee for performing notarial acts.

Particular attention should be paid to concluding contracts in privatized housing and in housing where the owner is a minor. This will be discussed below.

The procedure for selling a share in an apartment to a third party, another owner

The owner has the right to alienate his share in favor of another participant in shared ownership. In this situation, no questions arise. The situation is different in situations where alienation occurs to a third party.

Here you need to follow the following sequence of actions:

1. Making a decision to sell a share.
2. Sending a written document in the form of a notice to other participants in the common property.
3. Waiting for a response from them (a month is allotted for this).
4. If they refuse to purchase, conclude a purchase and sale agreement with a third party.

In a situation where such a sequence is not observed, any interested party has the right to apply to the court to have such a transaction declared invalid and to make bilateral restitution.

Sale of a share in a privatized apartment

In this situation, the same rules apply as described above. The seller is obliged to offer to buy a part on general terms to all those persons who participated in the privatization. He has the right not to offer a purchase only to those living citizens who did not participate in the process, but retained the right to reside in residential premises and register in it.

Sale of a share in an apartment with a minor owner

The peculiarity of this type of transaction is that the alienation of the property of a minor by his legal representatives is impossible. The right to alienation appears only in a situation where the guardianship and trusteeship authorities have given their consent to this.

This kind of restriction is due to the fact that minors do not have a full range of rights to dispose of their property. In order to protect them from abuse of rights by their legal representatives and to preserve the property of citizens until they reach adulthood, such a ban was introduced.

How to sell a share in a communal apartment

For the sale of a communal apartment, or rather part of it, the same rules apply as for the sale of a share in a regular apartment.

Before selling your share, you must notify other participants in the property in writing, explain to them the procedure and conditions of the sale and indicate the price. If they refuse to buy, you can offer to buy part of it to third parties.

In the event that more favorable conditions are specified for third parties than for other participants in shared ownership, such a transaction will be declared invalid.

Sale of all shares in the apartment to one buyer

In addition to the effect of all those conditions that were described earlier, there is one specific feature.

After a transaction of this kind is completed, the apartment simply ceases to be common joint property and becomes a single immovable object. If desired, the new owner can again divide the apartment into shares in the future.

How to sell: 1/2 share in an apartment, or 2/3, 1/3 of it

In this matter, everything depends on how many owners there are in the residential premises. So, if there are several of them, then all the rules that were described above apply.

In a situation where there is only one owner of the apartment, he can easily sell part of his residential premises without notifying anyone about it and without contacting a notary.

After this type of action is completed, the apartment ceases to be individual property and becomes shared property.

How to sell a share of real estate without the consent of other owners and is it possible?

There are no exceptions in Russian legislation on this issue. Without obtaining consent, a share in an apartment can only be sold in a situation where, after sending a notice of sale, a month has passed and no response has been received.

How to sell your share through court

The sale of a share of an apartment through the court occurs only in situations where the owners of the residential premises have a dispute over a particular issue. The litigation process begins with the filing of a statement of claim. Cases of this kind are considered, as a rule, within a period not exceeding one month.

Notarized notification of owners about the sale of a share in an apartment

Notification of the sale of an apartment must be in writing and notarized. This document includes the following elements:

• title of the act;
• indication of residential premises;
• indication of the owners in it;
• the conditions under which the contract will be concluded;
• price;
• footage of the share;
• the amount of time allotted for the answer;
• signature of authorized persons.

Only if these conditions are met will the notification be considered legal.

Consent to sell a share in an apartment sample

You can download a sample in accordance with the latest legislative innovations here. ⇐

How to purchase a share in an apartment, list of documents for sale

The list of documents includes the following acts:

1. Passports.
2. Consent of other owners.
3. Consent of the guardianship and trusteeship authorities (if necessary).
4. Property documents.

In a situation where we are talking about state registration of the transfer of rights, in addition to the above documents, it is also necessary to provide a notarized agreement. Registration can be done both at Rosreestr authorities and at multifunctional centers.

Purchase and sale of a share in an apartment between relatives, agreement sample

You can download a sample purchase and sale agreement between relatives here.

Features of taxation

Taxation rules are enshrined in the Tax Code of the Russian Federation. Thus, the acquirer of part of the property will be required to pay tax on it annually. The exception is cases when the transaction took place between relatives. This is especially true for gift agreements. In this situation, new owners are exempt from paying property taxes.

Prohibition on selling a share in an apartment

There are no laws prohibiting the sale of part of residential real estate, according to which the owner of one share can limit or prohibit the sale of another.

The body that has the right to impose such prohibitions is the court. It is he who is authorized to seize property, which prohibits the owner from entering into transactions with it.

Ban on communal apartments in Moscow: law

In Moscow and some other regions of the Russian Federation, there are regional legal acts prohibiting the creation of communal apartments.

This means that persons, even if they are in a state of common ownership, do not have the right to split the apartment into new parts and alienate it to third parties. The adoption of this kind of law in Moscow is due to the fact that today there are more than 72,000 communal apartments, some of which are rubber and in which a huge number of migrants are registered.

Thus, the draft federal law on the approval of minimum shares, if adopted, will become an effective subject for regulating share legal relations. It will be possible to obtain rights to a share only in conjunction with a real opportunity to live there. All controversial aspects on this issue can be resolved in court.

Minimum share in an apartment new law

This article describes in detail what the new law requires for a minimum share in an apartment, and everything you need to know about it. Every owner is concerned about the minimum share in the apartment that he can have.

Until 2017, there was no such concept and the division of shares in an apartment occurred either in equal parts or for each owner a certain part. Everything has changed nowadays. Now, a person can donate part of his share or sell it, while maintaining a minimum share in the apartment.

In addition, the government adopted a law that prohibits the sale or purchase of a share in an apartment less than the size established by law.

What is a share in an apartment

A share in an apartment is a part of real estate owned by the owner of the residential premises. Currently, the legislation defines several forms of apartment division. These include:

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

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (800) 555-93-50. It's fast and free!

• Equal, equal, is the division of the entire apartment in proportion to the owners of the living space in equal shares, for example, in an apartment with a total area of ​​80 square meters there are four owners, then 20 square meters should be allocated for each.
• According to the real share, such a division represents a division of the apartment in proportion to the right of ownership, that is, for example, in an apartment with a total area of ​​100 square meters, there are five owners and each of them has a different amount of area determined. For one there are 20 square meters, for the second - 30, for the third - 15, for the fourth - 25, for the fifth -10. Thus, each owner has the right to dispose only of his part of the apartment, which is usually reflected in the document confirming ownership of the share.
• Legislative regulation of ownership of an apartment or part thereof is determined by the Housing Code and the Civil Code of the Russian Federation. The calculation of personal property tax is calculated using the rules of the tax code and is determined by multiplying the tax rate by the value of the property. In the case of shared ownership of an apartment, the tax is determined based on the value of the part of the apartment that belongs to the owner and the tax rate. The tax rate is currently 13 percent.

Minimum share in an apartment for the owner upon sale or donation

There are cases when the owner can donate or sell part of his share, while maintaining the minimum. It is necessary to maintain the right to registration and use of residential premises.

Most often, such cases occur when relatives want to register and give part of their share to their close relatives.

For example, a father wants to give part of his share to his son, but has no intention of leaving the apartment or moving out of the apartment at the moment.

Thus, a father can keep six square meters for himself and give at least ten square meters to his son. This rule is defined in accordance with the federal law adopted in 2017.

In addition, the owner has the right to keep for himself any number of square meters that he owns, and donate or sell at least ten square meters.

Determining the share in the apartment

Currently, some people buy a share in an apartment not to live in it, but to acquire registration. In this case, the owner can sell its minimum part, which is:

• An apartment with an area of ​​30 to 60 square meters - one third;
• An apartment with an area of ​​60 to 120 square meters is one tenth of the apartment;
• An apartment with an area of ​​more than one hundred and twenty square meters is one fifteenth.

• For example, if a person wants to purchase a share in an apartment with a total area of ​​thirty to sixty square meters, then the owner has the right to sell no less than ten and no more than twenty square meters.
• If the buyer acquires a share in an apartment with a total area of ​​sixty to one hundred and twenty square meters, then the owner has the right to sell at least six and no more than twelve square meters.
• If an apartment with a total area of ​​more than one hundred and twenty square meters, then the owner has the right to sell at least eight square meters in it.
• To calculate the minimum size of a share in an apartment that can be sold, you need to refer to the following formula:

• Minimum share = Op / Ch, where Op is the total area of ​​the apartment, Ch is the part established by law based on the total area of ​​the living space, 1/3, 1/10 and 1/15.

It should be noted that if the owner’s share in the apartment is less than the size established by law, then he will not have the right to fully dispose of it, but can be registered on the territory of the given residential premises. That is, he will not be able to sell or give it away, but he has the right to use it for the purposes of residence and permanent registration.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (800) 555-93-50 (Regions of the Russian Federation)

+7 (495) 317-12-91 (Moscow)+7 (812) 429-74-51 (St. Petersburg)

It's fast and free!

Thus, it is no longer possible to include an unlimited number of owners in an apartment. It can only be divided as a percentage of the minimum share.

  In this article you learned what the new law requires for the minimum share in an apartment. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave it on our website.

Page 2

Article 116 of the Criminal Code of the Russian Federation - battery, commission of other violent acts, infliction of physical

What are the minimum shares I can allocate to my spouse and children in an apartment with an area of ​​56 square meters? — Pravoved.RU

528 lawyers are now on the site

Good afternoon, I am the owner of a mortgaged apartment in Moscow, which was purchased before marriage. Now my husband and I have two children. I want to pay off part of the mortgage using mat capital. What are the minimum shares I can allocate to my spouse and children in an apartment of 56 sq.m. after repayment of the loan. The market price of the apartment is about 11 million and of course the share of mat capital in its price is only 4%.

Online legal consultation Response on the website within 15 minutes Ask a question

Lawyers' answers (2)

Good afternoon, Maria!

The state, while allowing the use of maternity capital funds to purchase housing, does not indicate what specific share in the housing should belong to the child. If we turn to the norms of housing legislation, we are talking about 12 square meters per person.

You must allocate a share to your spouse, but it can be as small as possible, 0.1, for example.

According to the provisions of the Government Decree of December 12, 2007, if an apartment was purchased for cash, ownership of all family members must be registered within 6 months after the transaction, if mortgage funds were raised for the purchase - within 6 months after repayment of the mortgage loan . As practice shows, if citizens “forget” to carry out the procedure for allocating shares to all family members, the Pension Fund may not keep track of the fulfillment of obligations. However, if the Prosecutor’s Office starts an investigation, dire consequences may occur for “illegal” citizens. so don’t forget to allocate shares to your children; as for your spouse, if by the time the mortgage is repaid, the marriage is dissolved, your spouse will not be a member of your family, which means you should not allocate him a share in the residential premises.

Best regards, Evgeniya

Maria, hello!

An apartment purchased during marriage using credit funds and maternity capital funds belongs to the jointly acquired property of the spouses and can be divided by agreement of the spouses or in court at the request of one of them.

But the division of such an apartment has a number of features, since such an apartment is pledged to the creditor bank (whose participation in such a division is necessary), and upon receipt of a certificate for the use of maternity capital funds, the spouse (who received such a certificate) draws up an obligation according to which he will have to transfer the apartment into shared ownership of the second parent and children after the termination of the encumbrance (collateral). According to Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children,” shares are determined by agreement of the parents. If the parents cannot come to such an agreement, then this issue is considered in court, where, in accordance with the explanations of the Supreme Court of the Russian Federation in the Review of Judicial Practice in Cases Related to the Exercise of the Right to Maternity Capital (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016 d.), the court will proceed from the principle of equality of shares of parents and children.

Maria, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Registration in an apartment share

Is it worth buying a share in an apartment for registration? Possibilities and limitations of shared ownership.

If you own a share in an apartment, registration is not something that is taken for granted. The ease and speed of obtaining a permanent registration largely depends on how your property is registered.

Types of shared ownership

The share of an apartment for registration in Moscow can be of the following types:

• share allocated “in kind”;
• ideal share.

The first option provides for the allocation of separate residential premises to each of the owners, regardless of its size. This option is optimal if the owners of the object are strangers.

The second option is widespread in real estate properties registered as property during privatization or when spouses purchase housing with a mortgage. In this case, the total area of ​​the object is divided into equal parts between all owners.

Restrictions on registration of shared ownership

There is an opinion that the share of an apartment for registration determines the rights, including that there is an established minimum share in an apartment for registration. This position is absolutely wrong. The owner of the area and his minor children have the right to register in it, regardless of the square footage.

If the basis for refusal of registration at the MFC or other institution was the discrepancy between the available “squares” and the established norm for 1 person, then such a refusal is contrary to the law. In this case, you will have to seek registration in court.

How to register at the place of residence

Registration of the owner of a share in the apartment is issued at the territorial office of the MFC if a package of documents is available:

• certificates of deregistration at the previous place of residence (if both places belong to the same locality, the document is not required);
• passport of a citizen of the Russian Federation;
• confirmation of ownership and foundation.

An MFC employee will conduct a check and prepare everything necessary for registration. During the registration period, the general passport is confiscated to establish a registration mark. In just 3-5 business days the procedure will be completed and you will be able to receive your document. You should also know that there is no state fee for registration at the place of residence.

Also, without any obstacles, the owner can register on his premises a child who has not reached the age of majority. But the registration of third parties on shared ownership will have to be coordinated with other property owners. It is also possible to sell an apartment that is in shared ownership only with the consent of the other owners.

What is the minimum share in an apartment that can be sold?

• Equal, equal, is the division of the entire apartment in proportion to the owners of the living space in equal shares, for example, in an apartment with a total area of ​​80 square meters there are four owners, then 20 square meters should be allocated for each.
• According to the real share, such a division represents a division of the apartment in proportion to the right of ownership, that is, for example, in an apartment with a total area of ​​100 square meters, there are five owners and each of them has a different amount of area determined. For one there are 20 square meters, for the second - 30, for the third - 15, for the fourth - 25, for the fifth -10. Thus, each owner has the right to dispose only of his part of the apartment, which is usually reflected in the document confirming ownership of the share.
• Legislative regulation of ownership of an apartment or part thereof is determined by the Housing Code and the Civil Code of the Russian Federation. The calculation of personal property tax is calculated using the rules of the tax code and is determined by multiplying the tax rate by the value of the property. In the case of shared ownership of an apartment, the tax is determined based on the value of the part of the apartment that belongs to the owner and the tax rate. The tax rate is currently 13 percent.

It should be noted that if the owner’s share in the apartment is less than the size established by law, then he will not have the right to fully dispose of it, but can be registered on the territory of the given residential premises. That is, he will not be able to sell or give it away, but he has the right to use it for the purposes of residence and permanent registration.

The minimum share of residential property will be limited

In general, it is proposed that with a total housing area of ​​up to 30 square meters, a minimum share of 1/3 can be issued; with footage from 30 to 60 “squares” - 1/6; from 60 to 120 square meters - 1/10 and, finally, if the apartment or house is more than 120 square meters, the minimum share is 1/15.

“Thus, the minimum share that can be registered in the property should be sufficient for one person to live,” Krasheninnikov explained. – In most cities, the registration norm for placing on the housing queue is 9-10 square meters. So we proceeded from approximately the same parameters.”

In addition, Krasheninnikov admitted that the possibility of registering “microshares” in the property helps to cash out maternity capital (however, the deputy did not disclose the specific scheme of how exactly this is done).

But he said that such “dimensionless” apartments are of great interest to law enforcement agencies involved in the fight against extremism. And this is no wonder. After all, as a rule, not all co-owners actually live in the apartment.

The bulk, having received completely legal registration, dissolves in the city.

How to sell a share in an apartment? Legal advice: how to sell a share in a privatized apartment

In addition, these may be complete strangers, relatives (children and parents), or persons who have lost family ties (ex-husband and wife). Sooner or later, one of the co-owners of the property will want to “separate” and sell their share. And here many difficulties begin to arise. How to sell a share in an apartment on favorable terms? Let's take a closer look.

Also read: What does a certificate of registration of individual entrepreneur 2023 look like?

And the price for such square meters will be purely symbolic, because it is unlikely that anyone will want to share one living room where another complete stranger lives. In this case, it is better to negotiate with the other co-owner to sell the property entirely, or offer him to buy out your share. If the neighbor does not agree to such options, then this problem will have to be resolved only through the courts.

Juris Info

You should know that transactions with profits up to 1 million rubles are not taxed. If the profit is higher than this amount, then tax is levied on the amount when deducting 1 million rubles. Let's say the transaction took place and the income is 1.5 million rubles. Tax can be calculated using the following formula:

If the area of ​​the owner's share allows, then he can sell only part of it. Next, the property owner follows the above principle, that is, he initially notifies all other participants, and if they refuse, then the seller has a choice of how to proceed:

New rules for selling a share in an apartment

• written refusal of all shareholders to purchase;
• in the absence of the above refusal, evidence of the implementation of actions aimed at notifying the co-owners should be attached;
• a certificate-document on state registration of a share in the apartment, in its absence, an extract from the Unified State Register;
• technical passport from BTI;
• cadastral passport;
• written consent certified by a notary, spouse;
• identification documents of the parties;
• consent of the guardianship authorities if a minor is involved in the transaction;
• the actual purchase and sale agreement for a share in the apartment.

The sale of a share in an apartment involves a number of activities that must be carried out by the owner who wishes to carry out this procedure. On June 2, 2023, Federal Law 172 “On Amendments to Certain Legislative Acts of the Russian Federation” came into legal force. This law made adjustments to the current Federal Law No. 122 “On state registration of rights to real estate and transactions with it.” However, it will expire in January 2020. We will consider in the article how operations with real estate in shared ownership will change.

How to sell a share in an apartment

In addition, you will need to pay the notary for legal and technical services: consulting, drafting documents, technical production of documents in accordance with established tariffs (Article 23 of the Fundamentals of the Legislation of the Russian Federation on Notaries, approved by the Supreme Court of the Russian Federation on February 11, 1993 N 4462-1).