Can and how to sell a share of a room in a communal apartment?

The sale of a room in a municipal house is a rather difficult process, but this procedure must be agreed with other tenants, but what kind of paper is needed to resell your share, how to rewrite the documents, how to draw up a sales agreement from other guests, and finally, what to do if the neighbours have taken any action to prevent the signing of the agreement.

The terms of the contract should be negotiated with the prospective client: the cost of the public premises, the method of payment of funds, the time of signature of the documents of sale.

If the permission of the neighbours is formal, it is possible to conclude an agreement.

If there is a risk that one of the neighbours would like to take advantage of the priority of purchasing the premises, it would be advisable for the seller not to take bail or sign any documents to avoid further difficulties.

Privatization of the apartment

The first thing you need to know is that the premises are not privatized, you can't buy them.According to actual data, the commune is a two-tiered room available to fellow citizens on social and cultural lease documents.As a result, private contracts and personal accounts are compiled.

Utilities are the wealth of the USSR (RSFSR), so they are considered communes according to certain circumstances at the time, not according to constitutional terminology.

Also, if some neighbours have unprivatized parts, the seller is not obliged to notify the people of the resale.

Notification of plans to implement the agreement

Is it possible to sell a room in a small family without the permission of the tenants? Unfortunately, it is not easy to sell part of it in a communal house without accepting a positive response from the neighbors. This alternative is acceptable if the part is sold to one of the neighbors.

But don't worry, there's an article 250 of the Russian Civil Code, which gives the tenants the advantage of buying or refusing to buy an apartment.

Refusal to write a recall is perceived as a denial of superiority in buying a dwelling.

Neighbors may also make it difficult to resell by signing documents for the purchase of a room, trying to delay the time of sale by constantly postponing the date of signature of the treaty.

How can a salesman protect himself in this environment?

You don't have to spare money and hire a good notary, and he'll testify to this tenant's agreement.

The documents will have to specify: the price of the sale of the room; the exact time frame of the fraud; knowing that, in the circumstances of the buyer's failure, the buyer is denied the first right of purchase; and the seller has the right to sell the premises to other persons.

When there is no mutual respect with the neighbouring residents and there is little suspicion of a conflict situation, contact an experienced realtor who can shape a resale arrangement.

Right to buy a room

The sale of premises in the commune is considered to be a complex process in legal transactions; this time fraud can concentrate a lot of time.

The main feature of the reselling of the premises in the communal dwelling is that the owners of the dwelling have the first right to acquire a share.

It is regulated by article 250 of the Civil Code of the Russian Federation, which deals with the advantage of owners of property in the resale of dwellings.

How is the exercise of this right established?

Article 42 of Part 6 of the Housing Code of the Russian Federation refers to this primacy as being apparent for a room in a communal house.

All persons who have a part of the house that is not subject to the ownership of the dwelling, except the owners of the uninvited apartments, have the advantage of this right to acquire housing.

The emergence of this right is legitimate, as residents in the commune can increase the chance to improve housing conditions.However, the dignity of buying a piece in a small family arises when an individual sells it to a stranger.

When an agreement is made with the owner of neighbouring apartments, there is no such superiority, which means the seller is able to choose the buyer of the communal dwelling itself.

The notice of plans to carry out a scam is not only superior to those involved in housing, but also carries out an operation to inform them of the resale of their shares in the commune.

This rule is mandatory.

Attention!

The owners of neighbouring dwellings are given one calendar month to make a decision on the purchase of the property to be sold; if no one makes a purchase within a month, the owner of the share has the right to sell it to an outsider.

Transmission of the notice to the tenants of the home

There are three legitimate scenarios for such notification:

1. When the seller gives notice to the tenants in person and immediately asks them to sign an agreement to resell, this method is more or less legal, but if it comes to a judicial investigation, the documents will not have the proper evidentiary value.
2. Sending a notice with a telegram or a registered letter will suit people living in the same place, or whenever the exact address of residence is not secret to the seller; in other cases, it will be difficult to confirm anything in court, despite article 165. 1 of the Russian Civil Code, which sets out the responsibility for the concealment of significant notices.
3. Sending a notice through a notary. The above method is the most reliable, since the notary prepares, assures and signs the notice, and the seller is given a notice document. A large and only minus this method is the price of the notary's services, especially if the owners of several and all the tenants live at different addresses.

Change in the price of the sale of an apartment

The buyer ' s decision to change the price of the apartment ' s sale brings new information to the neighbours.If you're worried they might complicate the sale, you should address your notice through a notary.

The notary will then issue you with a document stating that you have carried out all possible means of notifying the tenants of the scam being prepared, unless you have received any response from them after six months.

This certificate is not sufficient to complete the paperwork.

It is worth re-documenting the deviation from the acquisition of housing by the neighbors, which is worth changing from a notary to a notary.

Relying again on the 250th article of the Russian Criminal Code of Part 3, which implies:The first of the neighbors to challenge the sale of the piece in the commune to a side person for three months.

Therefore, the above refusal is a necessary and important document in a sales transaction, and this paper from a notary will help to keep you safe from surprises.

In what cases is there no need for consent from the tenants?

There are two concepts on which the seller does not need to obtain an agreement to sell from the tenants:

1. Because of the loan contract in which the apartment is mortgaged.The seller arranges for the transfer of the right of the State to pay the debt.
2. On the basis of the giftThe seller enters into a contract for the gifting of a room, and the money is received by the buyer as a loan, in which case two receipts are signed: one for the loan, the other for the loan.

Conclusion

In conclusion, as can be seen from the above, the signing of a paper on the sale of a communal dwelling is difficult, and the fact that all legal and legal relations are followed and all documents are certified by a notary gives the owner a chance to avoid many problems and legal proceedings.

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How Lies Sell Rooms in Communals

Alexander Vertica Real Estate 26 June 2018

Perhaps the most common major purchase for citizens is real estate, and it would seem to be only money, and it would be a small thing to buy an apartment or a room, and in the example of your family choosing a room in a communal apartment, I can say that it's not that simple. Every time a new "variant" opens up to you, leave your emotions behind and concentrate on boring and vague details...

THE RISK OF Igor KYYCO

Utilities

We had a room in Lenoblati, bought by a large family with the funds of the uterus, and we added to the money we received the opportunity to use the funds of our uterus, and it was estimated that there would be enough for room 9 to 10 square metres.

One strategic objective, an investment goal, was pursued to improve housing conditions for children who had grown up.

The criteria for choosing were therefore different from those in which housing was acquired "for surrender" or for personal accommodation.

It follows that it can only be sold after the right of priority purchase in writing has been waived by the neighbours (co-authors).

This is why potential buyers are forced to check all documents with particular care on their back steps.

Those who buy rooms, who expect to live in them, pay attention to the condition of the walls and the ceiling, impute the necessary amount of investment in repairs, etc.

It is important for an investment hunter that the room, in addition to legal purity, has the following desirable qualities for subsequent sale: (a) not the first floor or the last floor; (b) not a mansard or a basement; (c) more or less the correct shape of the room; (g) adequate neighbours (at least socially safe); and the possibility of resettling the entire apartment is not insignificant.

This will increase the "capitalization" of your room, even if you do not claim all the "houses." The list can go further, but we will move from theory to practice — situations that have arisen in our particular case.

A poet's Dream

The first room considered by the author of these lines was at first sight, the fifth floor (not the last), the view of the Fontanca, the height of the ceilings of 3.5 metres, and more or less tidy public spaces.

The only "but" was a pentagonal form, but it gave the dwelling a charm. Alas, the dream was not to come true: the two co-owners, to put it simply, the neighbor owners of the other rooms, could never be found.

The option of sending them notaries by mail was rejected due to the lack of information on the place of registration of the citizens sought.

But it was a commercial offer that had to be set aside before the seller and I went outside, and a well-dressed lady approached us and asked my companion, "When are you gonna deal with the mess in your apartment?"

In short, one of the rooms had a "family" of two people who preferred to spend the evenings in a fun company with alcoholics like them, and the seller pretended to hear about the horrors for the first time, but it seemed to hide the real picture from us.

And that's also something to be prepared for: not every potential buyer will want a seller or realtor to reveal the secrets of a quiet communicator.

At the next stage, we had a clean room in the middle of the city, opposite Moscow Station. Living there with children would be problematic, but from an investment point of view, the room looked attractive: it could be sold and sold.

It would be good if the seller, after learning that we want a portion of the money to be paid for by the uterus, did not tell us: "We will not wait for the money on the uterus, we must sell it urgently, so we can propose such a scheme.

There's one good bank that can solve your problem without credit, you just have to give your certificate, they'll do it all." That's the Pandora's box.

When you have discovered it, you can become an accomplice to a crime, namely, cashing a mammal.

Neighbors are members of the same family, the house may be remodeled or destroyed, but it won't collapse, that's for sure.

While they were receiving them, the vendors were preparing a set of papers for the deal.

The date of the transaction was approaching, but the sales agent, under various pretexts, was not giving us the required certificates and forms; this was the "Forme 9" archive, which had been written down, and the "Forme 12" archive, which indicated, inter alia, whether the convicted citizens or minor children had been discharged from the room, etc.

These papers showed us only half an hour before the deal, but we've already figured out their contents, and as was supposed to be, one resident was recently discharged from this room at the place of execution.

And another, the former owner of the apartment, was still prescribed and retained the right to use the room, which means that we would be able to enter it or dispose of it only by court order.

Consider yourself safe in time.

The lady with the dog.

This time, as they say in the detective novels, there was nothing wrong with her, a small but cozy room with a view to the Griboedov Canal, a repaired parade, a pleasant neighbor, a lady with a dog, she was willing to pay, she didn't fear the need to go to a notary to sign off on the purchase, and then there was thunder.

The notary was supposed to explain to our potential neighbour her rights, and of course she was talking about her right to a cash buyout, or on certificates, for example, on maternal capital.

And that's when our "dog lady" remembered that her daughter, who lives in Moscow, still hasn't used this very mute (main, federal), and the lady is now determined to buy herself a room for which we have already made bail.

The money came back to us, but the mood was ruined for a long time.

This made our task incredibly easy, it didn't have to "test" the addresses of the comrades' propiskas, but here's the problem: the moustache itself has failed.

We re-checked the title data before we presented the documents for the deal.

Turns out our saleswoman's passport's got one last name on it, and the right-posting documents for the room are different, and it turns out the lady hasn't been married that long.

The passport issued a new one, but there was no change in "intelligence" in Rosreestra's documents and in Form 9.

"There's a marriage certificate, it's all written down," this naive attitude shocked us, because when the name changes, the law requires that not only the passport be rewritten, but all the real estate documents.

We've decided to take a pause for hours, but there was an unexpected possibility that the poet's dream could have been claimed if, of course, he had agreed to buy an angle in a ten-room commune.

From a legal point of view, everything was okay, except one nuance: less than three years ago, a minor boy was released from the room offered for sale.

In the case of minors, the law now allows minors who are not owners of housing to be discharged to nothing, on the parents ' word of honor.

However, with the facilities prescribed for minors, no one will buy them, and finding a reliable version of the child's emergency registration is not easy.

Theoretically, parents have to meet their obligations, but there's always a minimum chance, but there's a chance of delay when former minors cross the 18-year-old line without having an angle, in which case the buyer of the room waits for the courts.

It is therefore imperative that documentation be required: (a) the registration of a child who has previously been released at the place of new residence; (b) the fact that new housing is not old and that it is possible to live there at all.

We weren't provided with this evidence, and we had to cancel the purchase.

Anyway, we bought the room we needed, of course, and it took us almost six months with all the tests, and that's with an experienced agent with a legal background, so I'm gonna take the risk of giving advice to those who are still "starting."

In our time, most people can choose, but it's one thing to look for a laptop or a coat and something else, real estate. At every stage of its acquisition, you can be caught up in dangerous traps, ignore which means pinning millions of risks on you. So, as was written on posters before, be vigilant!

How to sell the share (room) of the communal apartment: notification of the co-conspirators.

You're deeply mistaken if you thinkUtilitiesAccording to the latest Population Census, one in 50 Russians lives in a communal apartment, and this is 2.8 million people, most of them in St. Petersburg.

In the northern capital, there are still 447,000 inhabitants (one in eleven) in the communes.CommunalThe rest of Stalinsco is Crushow time, and modern, re-emerging, for example, after divorce and division of property. (I'll tell you a little bit less about it.)

From time to time, ownersshare of flatsThey want to sell, give or trade them.

In order to do so, there are rules of law that every realtor needs to know, in accordance with article 250 of the Civil Code of the Russian Federation:

• Precisely.sale of shareIn a common property right to an outsider, the remaining participants in the joint property have the priority to purchase the share sold at the price for which it is sold and on other equal terms, except in the case of sale from a public tender.
• If the rest of the shareholders refuse to purchase or do not acquire a sold share of the ownership of the immovable property within a month, the seller is entitled to sell its share to any person.
• In case all other participantsjoint propertyIn writing, they will waive the priority right to purchase the share sold, and such a percentage may be sold to an outsider of the previously indicated time frame.
• Precisely.sale of shareIn violation of the priority right to purchase, any other participant in the equity property has the right to request, for a period of three months, a judicial transfer of the buyer ' s rights and obligations.
• An assignment of the priority right to purchase a share is not permitted.
• The rules of this article shall also apply to the removal of a portion of a contract.

It is not lawful for a given party to buy a room, nor is it possible for an unknown person to settle in the former joint nest.

It should be noted that the price of the share or room sold to third parties cannot be lower than the value indicated in the table below.notification to co-conspiratorsThere's bound to be problems with Rostreestro when you make this deal.

Real property may be designated as a "room" or "part of the ownership of the dwelling"! If the documents contain a share, ask whether there is a notary agreement on the right to use the dwelling between all the neighbours.

This Agreement sets up real rooms for each owner and their square; it is not a law-making document, but it establishes the right to use a particular room rather than an abstract share.

A notice of wanting to sell your share must be written, preferably in notary form (all notaries have this form) and sent to all neighbors –AffiliatesI'm sorry, but I don't know what you're saying, but I'm not sure if I'm gonna do it, but I'm gonna have to write you a letter of notification by mail.

If the neighbour does not live at the address in question and does not come for a long time to receive the message, then after a monthOwnerreceives as a return his letter in a post office stamped on the non-payment envelope and attaches it to the rest of the documents required for the sale transaction.

The sender of the letter may be a notary who will certify the transaction.

And in conclusion, I would like to touch on the question that I often ask my clients: what is the risk of the owner-seller failing to comply with these rules?Notification of co-conspirators♪ I say it's a threat to the seller to sue and declare the transaction null and void ♪ ♪ but the biggest trouble is the buyer's share of the apartment ♪ ♪ he's probably gonna have to move out of the purchased room, but the money (if it's already been spent by the seller) ♪ he's gonna have to get the rest of his life back in pieces ♪

Gentlemen Realtors, study the laws, explain them to your clients, and make only verified deals that will bring happiness and satisfaction to all parties!

How do you sell a room in a communal apartment?

photographee.eu/Depositphotos

Alexander Murashov, Head of the Urban Real Estate Division of Savalovsk Real Estate:

The first way to start is to determine the price at which you want to sell the room. The next step is to inform all other owners in your communal apartment of your intention to sell your property.

According to the law, each of the tenants has the primary right to buy your room, and if there is a willing person among them, very well, you can make a deal.

However, the owners of the remaining rooms would need to obtain a notarized waiver of the right of priority purchase.

If you don't find anyone in the Communal who wants to buy your room, then you're gonna have to get everyone to refuse to buy it, and then you can sell the room to third parties legally.

Next, you should focus on finding the buyer.

Once the buyer has been found, the contract of sale needs to be properly processed, safe intercalculations must be arranged and the sales contract and other documents relating to the transaction must be transferred to Rosiester for registration of the transfer of ownership.

What is the best way to manage a 1/4 share of an apartment in an old house?

Could the share of a minor child be sold?

Tatiana Reyhard, Deputy Director-General of Mobile Stroy 21:

First of all, in order to sell the room, you'll need the consent of the neighbors of the communal apartment, and first you'll have to ask them to buy the room from you for a price not exceeding the price you'll be selling it at.

Only if you get permission from your neighbors can you start selling your property.

If there is a good relationship with the other pityes of the apartment, their refusal to give priority to the ransom can be recorded right during the transaction, and if the relationship is tight, the neighbors can unfortunately sabotage the sale of the room in the commune for months.

If no agreement can be reached with the neighbours, or if there is an objective difficulty in processing the waivers (the residence of the owner in another city, the unknown location of the owner, the location of the room in the form of an inheritance or in court), there is an option for the settlement of the transaction by "bone-off" means that the room can be sold through the issuance of bail.

You take money from the buyer in the amount of the room's mortgage for a short period of time, for example, for one week, after which the new owner will sue you for non-compliance with the terms of the contract and will collect the room from you in court, in which case the consent of the owners of the other rooms is not required.

The important thing is that the buyer is not afraid of the process of acquiring housing under such a scheme.

Should I pay a share tax at a price of less than 1 million?

What kind of taxes do I pay when I sell?

The Director-General of the Interregional Housing Programme, Moving to Petersburg, and the Director-General of Real Estate in Petersburg, Nikolai Lavrov, is responsible for:

As of 1 January 2016, article 250 of the Civil Code of the Russian Federation provides that owners of communal apartments have the right to purchase primarily, which means that when they decide to sell the room, first of all they should be asked to buy it to their neighbours (co-owners, since they are the only ones who have priority), and in a notarized form.

You can do this in two ways: the first is co-authors give the seller a notary waiver of the right to buy, but this option is possible only in a very good relationship with your neighbors, when you can convince them to go to a notary office and sign a refusal in writing.

The second option is that the notary sends a notice to the partners of the planned transaction, and if no one wants to buy the offer within a month, the notary gets the right to make a deal with the outside buyers, by the way, the price at which the neighbors refused to buy the share is denied.

If, for any reason, the new price was lower than previously indicated, the document would have to be rewritten.

• Text prepared by Maria Gureeva
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The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.

How do you sell a privatized room in a communal apartment?

This is referred to in article 42, paragraph 6, of the Russian Federation.

With the privatization of part of the dwelling (housing room), the owner passes the right to share in the public place.

The owner may sell, give a room, make any dealings with it, and the right to share in the common premises shall be transferred only with the room.

Several conditions must be met in order to sell a room in a communal apartment

• A room in a communal apartment must be owned by the seller, which is supported by a certificate of ownership and by a document, the basis for the acquisition of ownership of the room (the contract of sale, the gift, the certificate of inheritance).
• If a room in a communal apartment belongs to several owners, their consent must be obtained in order to sell it; if one of the owners is a minor, you must obtain the consent of the guardianship and guardianship authorities.
• A room in a communal apartment is part of a single apartment. All owners in a communal apartment are entitled to the common share ownership of a public place in a given apartment used to service more than one room.

In accordance with article 1, paragraph 1, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women,

250 HC when selling a share of a common property right to an outsider, the rest of the equity participants have priority to purchase the share sold at the price for which it is sold and on other equal terms, except in the case of sale from a public tender.

Thus, the owner of the room is obliged to offer to the rest of the owners living in the communal apartment when it is sold, and the price of offering to the rest of the owners of the room must be the same price as that offered to third parties.

In accordance with article 250, paragraph 2, of the Criminal Code of the Russian Federation (para. 1), it is the duty of the seller to notify in writing the remaining parties to the joint property of the intention to sell its share to an outsider, indicating the price and other conditions on which it is sold.

If the remaining participants in the equity property refuse to purchase or do not acquire a sold share in the ownership of the immovable property within a month, the seller is entitled to sell its share to any person (art. 250, para. 2, of the Russian Civil Code).

This provision establishes a clear time limit within which the owners of the other rooms of the communal dwelling may purchase the room to be sold.

The legislator thus waived the seller ' s obligation to obtain the written consent of the neighbours to sell the room.

In order to expedite the process, the seller of the room may attempt to obtain written refusals from the neighbours to purchase the room. The refusals must be properly processed: certified by the notary or registered with the registration authority.

Article 250, paragraph 3, of the Russian Civil Code provides that, if a share is sold in violation of the priority right to purchase, any other participant in the joint property has the right to request, within three months, a judicial transfer of the buyer ' s rights and obligations to it.

In accordance with article 1, paragraph 1, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women,

24/ FL "On the State Registration of Real Property Rights and Transactions" when selling a share of a common property right to a foreign national, documents are attached to the application for State registration, confirming that the seller of the share has notified the remaining parties in writing of the intention to sell its share of the share of the share of the property, indicating the price and other conditions on which it is sold, and that the application for State registration may be accompanied by documents confirming the refusal of the other parties to share the share of the property to purchase the share and registered with the public registry authority or notarized, in which case the State registration of the share of the share of the share of the share of the other parties shall take place irrespective of the time that has elapsed since the seller's notice of the share of the share of the property. In the event that the application for public registration does not include documents confirming the refusal of the remaining participants to purchase the share, the public registrar shall be required to suspend the registration until the end of the month from the date on which the seller's notice of the share of the other members of the share of the property has expired.

According to article 558 (2) of the Civil Code of the Russian Federation, a contract for the sale of a dwelling, apartment, part of a dwelling or apartment is subject to State registration and is deemed to have been concluded from the time of such registration.

Thus, the Regulators in the State Registration of Real Property Rights require the seller to comply with the above rights of its neighbours.

Failure to submit documents confirming that the remaining parties have waived the right of priority purchase may result in a refusal to register your contract (art. 20 of FL N 122-FZ), which would make the transfer of ownership impossible.

Thus, it is only possible to sell a privatized room in a communal apartment if there is a waiver of the right of priority purchase by the neighbours, or at the expiration of a month after the notice of sale of the room has been given to them; if the seller attempts to sell the room in violation of the right of priority purchase, the seller risks receiving a refusal to register the contract by the State or initiating legal proceedings with the neighbours.

AAA-Invest specialists will provide you with the services of filing a tax tax on the income of individuals and will help to optimize taxation.

Possible problems with the sale of the room

Although the twenty-first century is a time of great innovation, advanced technologies, super-modern housing and civilized life, people still live in communal apartments in every part of the capital, not to mention other cities and Russians.

In the secondary real estate market, analysts believe that rooms in such apartments account for about 5 to 6 per cent of offers, as opposed to housing in Podolsk from the developer, most of which are located in the homes of even the Stalinian era, which are still glittering throughout the country.

The second place in this indicator is in the standard panel buildings of the Cruncheon era. By the way, the room in the Communal is now the cheapest. It's about three times the price of a separate apartment of the same class. It seems that it would be easier to sell cheap housing at a small size.

After thinking, say, of selling the communal apartment room without middlemen in Podolsk, you should remember that you are not the sole owner of the apartment.

As stated in article 250 of the Criminal Code of the Russian Federation, they are owned by the neighbours of the communal apartment, as well as by the local authorities, if not privatized by the tenants.

It follows that before a sale is made in such an apartment, it will have to be agreed upon with all the neighbours, as they have the right to do so.

In this case, you are required to notify the other owners of the dwelling (possible buyers) in writing of the desire to sell your room to someone on the outside, indicating the price and other conditions under which you sell it.

If the neighbors refuse to buy in writing within a month, then only then will you be entitled to sell your dwelling to any other person.

In this article, we will try to address all the most pressing questions and problems faced by the seller of the apartment without intermediaries in Podolsk and to provide, to the extent possible, well-founded answers to them.

Situation 1

Neighbors are asked to buy a room in a communal apartment or refuse to give priority to the right to buy, but they haven't done that in two months. Is it possible in this case to sell the room without their consent?

A proposal can be made, but will there be demand?

The Civil Code of the Russian Federation states that after one month, the owner of the room is entitled to sell it to any other buyer; however, if the buyer does not have the consent of his future neighbours, there are problems with the State registration of ownership of the future dwelling.

According to article 24 of the Law of the Russian Federation on State Registration of Real Property Rights and Transactions, in order to register ownership of a share (room) in a joint equity property (a flat) there must be documents on the consent of the neighbour(s) to such registration; if they do not exist, registration shall be suspended for two months.

In short, the buyer may either agree to overcome the above difficulties by reaching an understanding with the neighbours or refuse the transaction.

Situation 2

A three-room communal privatized apartment, one of the neighbors agreed to the price offered for the room, and the other wants to buy a flat for a lower price, otherwise he won't agree to sell.

Don't worry, sell the room to the neighbor whose price is right, because the preferred right of purchase only concerns the sale of the room from the apartment in the Podol district to a foreign buyer.

This does not apply to the registration of the buyer ' s property rights, as mentioned above; if the dissenting neighbour refuses to do so, he may be tried with courage; it is unlikely that he will have any solid arguments and objections to the court.

Situation 3

The owner of the room in the commune for a large sum of money asked the neighbors to buy their accommodation, which they did not have, and the notary signed the relevant refusal papers. Neighbor sold the room. Later on, the neighbors learned that the actual price of the room was much lower and they could buy it. What would they do in such a situation?

If the court satisfies the rights and duties of the new owner of the room, then the plaintiffs shall have the right to own the room sold and, by the way, shall be obliged to pay back to the unsuccessful owner the price at which he actually bought the apartment from the former owner.

They should bear in mind that, from the moment they were informed of the violation of the right of neighbours, the claim was brought before a court within a period of three months, and the court would have to prove that the former owner of the room had initially offered to buy housing from him for a larger sum of money.

It would be important to have the written form of the transaction, as well as the contents of the documents issued by the notary, and the seller and buyer could prove to the court the price actually paid, i.e. the other price paid for the room.

So there's an opportunity to subpoena a sold room.

Situation 4

A little over four years ago, a neighbor went missing, his relatives were unknown, he himself was unemployed, he was addicted to alcohol, now his room is not inhabited, recently saw the new buildings in Podolsk, decided to move into a new apartment. How do you sell your part in a two-room apartment? The apartment has been privatized.

In order to make a transaction with the flat, it is necessary to file an application with the court for recognition of the neighbour ' s citizen as a missing person, and it must be noted that such a decision is necessary for the sale of a share of the joint immovable property to take place.

The Civil Law Code establishes a provision under which a decision to declare a citizen absent is made on the basis of confirmed evidence of his or her unknown absence from the place of permanent registration within one calendar year.

The registration authorities are provided with a copy of the judgement, which must contain the stamp and the personal signature of the judge who issued the decision.

Situation 5

The question is, we own a share in a privatized apartment, we want to sell our room, we sent a registered letter to the neighbors, but they refused to pick it up.

According to the law, if the joint owners have not purchased the dwelling area within a calendar month from the date of receipt and signature of the notification, the co-owner has the right to sell the dwelling space to other buyers.

A year ago, when we looked at the new estates in Podolsk, we moved into a new apartment. The old three room was used by neighbors on "neighborhood rights." Now the situation is uncertain. What can we do? Thank you!

In the event that a notice of service of a registered letter is sent back, the notice may, after a period of one month, be considered as confirming the desire of neighbours to sell the room to another owner.

In the event that such notice has not been returned or the letter has been returned because no one has received it in the mail, you can send your neighbours a registered, valuable letter with a post office mark, "to hand over personally to the citizen...".

This option involves the delivery of the letter by the postal worker directly to the addressee ' s apartment and the delivery of the letter under personal painting, and the receipt note contains information on the date of delivery and the address.

Even if there is no repulsive action by the neighbours this time, it is only after 31 days, i.e. a calendar month, that is, 31 days, that a deal can be made without breaking the law.

Situation 6

I used to live in a dorm room, sell it, and the new owner didn't get it right, and now all the receipts for the utility payments come in my name.

The service hasn't been paid for more than a year, the LKH workers have sued me and fined me for late payment, and I've been living in a new apartment in Podolsk for a long time.

What grounds do I have to defend myself?

If you do not have a residence registration in an old dwelling, if you do not own the room, and if you have kept the sales documents (contract), you are entitled to refuse these payments.

Therefore, when sentencing in your favour, all charges ordered must be diverted to the new owner.

Situation 7

The room in the co-habitation apartment was obtained from the grandmother on a will of inheritance.

Since they had recently purchased a new apartment from Podolsk on loan, they decided to sell the room they had received.

Neighbors have made unpleasant demands to sell their properties at no cost, otherwise they are threatened with refusing to sign off on the registration of property rights. What can be done in this situation?

It is possible to refuse registration and file a claim with the court, and the decision is generally in favour of the real estate seller, not only because of the appropriateness but also because of the inadequacy of the legal article on the subject.

It should be noted that the relevant legislative drafts have already been prepared for consideration, and once the amendments have been adopted, it will be possible to register and sell the properties of the estate resulting from a will or gift without the consent of the neighbours.

Therefore, the second option is simply to wait for registration before the adoption of the relevant bill.

Situation 8

I'm living in a communal apartment. I'm a relative registered to this address at the propiska. I've been watching the new estates in Podolsk recently, and I want to buy an apartment. Do you have to get a mandatory refusal to buy a neighbor in order to sell this room to a relative?

This depends on the manner in which the housing area was constructed – as joint property or as a separate dwelling.

So you can sell your room to anyone, regardless of the wishes or demands of the neighbors, to sell the premises to them.

Situation 9

The room that's being sold isn't privatized.

This means that the room is not owned by anyone, and therefore the State is the seller, and that the functional rights and obligations of selling a free dwelling are vested in the work of the Municipal Housing Department and the implementation of the housing policy programme.

The Special Urban Commission for Housing Privatization and Housing Management determines the cost of the vacant premises on a case-by-case basis, followed by notification of the tenants offering to buy a spare room.

Buyers may be approved of persons registered at a given address and resident in the dwelling, and it is not important who the person is in relation to the dwelling area of the apartment, whether the owner of the individual premises, the owner of the estate or the employer of the room.

The approval of the purchase is given priority to those owners who need to improve their living conditions; there are other criteria for selecting applicants for accommodation; disputes are settled by a court order.

If there were no persons who wished to purchase a room from an apartment in the Podol district, it could be sold to anyone who wished it.

Situation 10

They wanted to sell a room in a privatized apartment, but they didn't have time to refuse to buy a neighbor because he died without delay. Now the notary confirms the sale contract. What can be done?

The notary's right in this situation is based on legal grounds; the right to share property, together with the right of priority ransom, will be inherited by his relatives; in turn, they must register their right before making transactions.

If the neighbour has no heirs, his estate is transferred to the state fund.

This article dealt with the most common cases of difficulties related to the sale of equity property (rooms, apartments).

However, as practice has shown, there are many more disputes over transactions involving real estate, situations may be the most unclear and complex, and in any case the rights of neighbours who are accomplices should be borne in mind.

They have priority in the selection of applicants for sale. In circumstances where the views and wishes of neighbours are not taken into account, the transaction may be declared null and void by the courts.