How to sell a share in an apartment to a third party, the second owner step by step instructions (2017)

An individual who owns a share of residential real estate has every right to sell it.

Co-owners of the property have a priority right to this.

But if they refuse, the owner can sell his meters “outside”, i.e. find a buyer who is not one of the owners.

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Legal basis

The Civil Code of the Russian Federation describes the legal basis of equity relationships in Art. 244.

In particular, it states that shares can be allocated to one piece of real estate, the size of which depends on the circumstances of the emergence of this type of property .

In addition, Federal Law No. 172-FZ dated June 2, 2016 “On Amendments to Certain Legislative Acts of the Russian Federation” establishes the obligation to notarize all transactions with shared ownership.

Tariffs for such services, as well as the amount of state duties, are regulated by Art. 333.24 Tax Code of the Russian Federation.

You can perform various actions with a share in an apartment.

It can not only be sold, but also inherited, received or given as a gift..

The only thing that is prohibited from doing with such property is concluding an assignment agreement, i.e. The right to real estate cannot be assigned .

You may be interested in the following articles:

FOR YOUR INFORMATION. Before selling your share in the apartment to strangers, you must offer to buy it out to your co-owners.

If they did not respond in accordance with the procedure established by law or refused to purchase, you can begin the procedure for selling part of the housing to a third party.

Where to begin?

• So, you need to start by checking the fact that the shares are allocated .
• If such a procedure has not been carried out, then it must be done.
• You can then receive an official document valuing your share.
• However, this action is not required for sale.
• And, as already mentioned, you need to offer the shared owners to buy your share.

Where do they apply and where to go?

1. The purchase and sale agreement for a share of an apartment must first be notarized, therefore the first authority where you should contact is a notary office.

2. Then the documents drawn up in the manner prescribed by law must be submitted to Rosreestr or a multifunctional center in order to register the transaction.
3. After the agreement is certified and the transaction is registered, you need to order an extract from the Unified State Register of Real Estate.

4. It must contain information about the new owners of the sold share.

What documents are required?

To complete a transaction with a share of an apartment, you need to prepare a number of documents:

1. The purchase and sale agreement and the deed of transfer thereto, which must be certified by a notary;
2. Documents confirming the owner’s ownership of the alienated part of the real estate;
3. Copies of notifications from the remaining co-owners of the property about the sale of the share, as well as their responses about refusal to purchase or consent to sale to third parties;



4. Russian passports of all parties to the transaction;
5. Technical and cadastral passports for residential real estate;
6. In the case where the transaction is concluded by power of attorney, this document will be required, and it must also be executed by a notary;
7. Receipts confirming payment of state fees, as well as notary services;
8. Application for registration of a transaction.

In addition to the listed documents, others may be required depending on the situation.

So, for example, if a minor is registered on the alienated share, then permission from the guardianship authorities will be required.

Registration deadlines

• You can begin to formalize a transaction for the purchase and sale of a share in an apartment only after responses have been received from the co-owners.
• By law, they are entitled to do this within 30 days from the date the notification was sent.
• If answers have been received earlier from all owners, then you can begin to register the transaction.
• If at least one of the shareholders does not respond, then you will have to wait the entire month allotted by law.

Registration cost

1. The Tax Code of the Russian Federation establishes that the amount of payments when registering a transaction for the sale of a share in an apartment must be at least 0.5% of its value.

2. For this purpose, it is allowed to calculate the payment both from the market price and from the cadastral price.
3. If there is an estimate for both types of cost, then the payment is calculated from the lowest.

The upper limit on the payment amount is 20 thousand rubles.

When can they refuse?

The most common reason for refusal to register such a transaction may be failure to notify the remaining owners of the upcoming sale or if one of them (or several) agrees to buy this living space.

Mutual settlements between buyer and seller

• The transfer of funds is carried out in the manner established by the purchase and sale agreement .
• For example, it may be determined that the buyer transfers money after the notarization of the transaction to the seller’s bank account or transfers cash.
• It is also possible to transfer the agreed amount to third parties.
• In any case, the payment procedure that satisfies both parties must be specified in the contract .

Features and nuances of the transaction

1. You can sell your share in an apartment not only in the way described above.
2. It is possible, for example, to enter into a pledge agreement and receive funds on its basis.
3. After the expiration of this agreement, the party that transferred the money as security for the share of the real estate will be recognized as its legal owner.

• In the case of a transaction between close people, the so-called fictitious gift agreement is sometimes used.
• That is, in fact, the transaction is carried out precisely as a gift, but then, by mutual agreement, the person who received the property transfers the money to the “seller” .
• This scheme allows you to avoid paying personal income tax.
• But such an action is illegal and is punishable not only administratively, but sometimes also criminally.
• Another point that you should pay attention to is the sale of shares by proxy.
• You need to carefully study the document to make sure that such a right is granted to the authorized person.
• After all, it may be that the owner only allowed, for example, to rent out the property, but not to alienate it in any way.
• You can sell your share in the apartment only after the remaining owners are notified of the upcoming alienation in accordance with the procedure established by law and give their consent to this.
• Or one or more owners will wish to purchase this share themselves.
• The transaction must be pre-registered by a notary.
• Only after this is it subject to state registration.

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How to sell a share in an apartment?

July 25, 2017, 6:25 pm • 15084 • Useful articles

The sale or purchase of a share in an apartment is one of the most complex legal transactions, as it has a huge number of risks that must be foreseen in the process of drawing up a purchase and sale agreement.

This may include the right of first refusal, the problem of registering a new owner at the place of residence, etc. Without any problems with paperwork, you can buy a one-room apartment from vyborstroi.

ru in Voronezh in a new building.

These issues are poorly disclosed on the Internet and require a more detailed explanation for legally weakly savvy people. The main motivation of the article is to improve the legal awareness of citizens of the Russian Federation.

In accordance with Article 244 of the Civil Code of the Russian Federation, property owned by two or more people belongs to them under the right of shared or joint ownership.

Joint property is, for example, an apartment acquired by spouses during marriage and registered in the name of one of them.

And although in the property certificate this title belongs to only one person, without the permission of the second party to the marriage certified by a notary, the right of disposal is completely limited.

Co-ownership is a share in the ownership of real estate. It is written in the form of a fraction (for example, 1/2, 1/3,1/10, etc.). The shared part cannot be seen in the literal sense, since it determines only the right, and not a specific living area.

The written offer is sent by letter with notification to the address of the second owner. It contains information about the desire to sell the part, its cost and other conditions. If no response is received within one month, this is equivalent to a refusal to purchase.

In this case, it is very important to keep the postal inventory, receipt of payment for postal services and notice, since they are proof of the absence of any violations of the rights of the second owner. Also, the share must be sold on the same terms and at the same price as set out in the letter.

The exception is an increase in price.

How to sell a share in an apartment: step-by-step instructions

1. Notification of other owners about the sale of their share. In accordance with the Civil Code of the Russian Federation, a sale can be carried out only after one month from the date of notification. The refusal or inaction of the owners makes it possible to conclude a “purchase and sale” agreement with a third party. 2. Sale of a share.

The “purchase and sale” agreement must contain such details as the full names of the parties to the transaction, passport details, apartment address, house number, living area and price. Also, the process of transfer and acceptance of property must be reflected in the transfer deed, which is signed by the seller and the buyer.

All must be properly notarized.

3. Registration in Rosreestr.

To register ownership, you will need the following documents: originals of the contract and the transfer and acceptance certificate (3 copies), an application from both parties to the purchase and sale agreement, documents confirming the refusal of other owners of the right of first refusal, identification passports of the parties to the agreement and other documents, provided for in Article 21 of the Law of April 24, 2008 N 48-FZ. Documents for registration with Rosreestr can be submitted directly, through the MFC or electronically on the official website. A state fee of 2 thousand rubles is provided for registration.

How to sell a share in an apartment to the second owner?

It's quite simple. A written offer must be sent by mail or the sale must be verbally agreed upon with the second owner. After discussing the terms and prices, you can begin processing the documents.

In the case of a sale to a second owner, the first step described in the step-by-step instructions is completely omitted.

Is it possible to sell a share of an apartment to a minor child?

There are often cases when a share in an apartment belongs to a child and any transactions with it can only be carried out with the consent of the guardianship authority, which is rather biased towards the sale of a minor’s share in an apartment.

Therefore, it is necessary to provide evidence that the child has been allocated a share in other housing and his living conditions will not worsen.

Proof that the child’s living conditions are not violated can be a bank account opened in his name, into which funds will be received.

How to sell a share in an apartment without the consent of the owners?

The most effective way to sell a shared part of an apartment without the consent of the owners is to send written proposals.

If the written offer has been ignored, you can safely proceed with the sale process (provided that all the necessary evidence described in the first subheading is present).

Sometimes owners may be categorically against the sale and even try to challenge it in court. If all actions of the seller are done within the law, then the court will reject any claims.

If the location of the owner is unknown, then the written proposal must be sent to the last address where he lived. It also has a period of one month, after which you can carry out any actions related to the sale.

This article is compiled on the basis of the current legislation of the Russian Federation. All regulatory legal acts provide for solutions to certain issues. Sometimes owners deliberately delay the sale process, submit countless court applications, etc. If you act within the law, all this can be avoided.

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How to properly sell a share in an apartment to a third party in 2018

Owning shared property often comes with a lot of difficulties.

Not only is it always difficult to find people willing to buy part of an apartment, but also the owners can conflict with each other, turning each other’s lives into hell.

Of course, the optimal solution is to buy out the share by one of the owners, but if the parties were unable to agree on a price, or for other reasons, the share can be sold to third parties. By the way, the consent of other owners is not required.

Content:

Selling a share in an apartment: a step-by-step guide

If you are selling part of the real estate, it is very important to comply with all the legal details - this will be required by both the seller and the notary when registering the transaction. And in this case, other owners will not be able to challenge the transaction even in court - the law will be on your side. How should you act?

1. Notify other owners that you are selling your share. This must be done in writing, indicating the amount for which you are willing to sell the property, as well as the address for sending a response. The letter must be registered with return receipt requested. Since 2018, there has been a legal possibility of notification via the Internet - you just need to place an advertisement on the website of the authority responsible for registering real estate;
2. As soon as the shareholders have received the letters, the countdown begins for a month, during which they can answer you - refuse or simply ignore the offer. Upon receipt of a written refusal, you can immediately begin re-registration of rights. If a person does not go to the post office to receive a letter, it will return to you in a month, you will have to wait another 30 days, and then make the transaction with a clear conscience. The fact that the addressee refused to receive it is entirely his problem; he was duly notified;
3. In a situation where the owners of shares have expressed a desire to purchase an apartment, an agreement is drawn up with them, since they have a priority right to purchase;
4. If the transaction is refused or the letter is ignored, you can enter into an agreement with a third party.

As you can see, there should not be any difficulties with paperwork. The main thing is to notify other owners in writing, save the mailing stubs and wait a little.

Features of the transaction for the sale of a share in an apartment

The contract for the sale of part of the real estate is concluded according to the general rules:

• The parties to the transaction are indicated;
• The property is described - area, location, technical characteristics;
• The cadastral number is entered;
• The rights of the parties are indicated.

The contract requires notarization and subsequent registration. The only peculiarity of such a transaction is that the price in the contract cannot be lower than that indicated in the notices to other owners.

That is, you do not have the right to sell the apartment cheaper than what was offered to the shareholders. That is why you should first determine the minimum price at which they are willing to buy your share, and only then send notifications.

Difficulties with the sale may arise if the second owner is a minor. In this situation, it would be better to obtain permission from the guardianship authorities, confirming that the child’s situation will not worsen in any way after the transaction.

Sale of unallocated shares

Unvested interests in real estate are a type of community property that most often occurs during a marriage. An apartment purchased by spouses becomes common; often, even in the event of a divorce, shares are not allocated, which is why selling the apartment turns out to be more difficult. However, there is a way out here too. How to sell an unallocated share in real estate?

1. Collect the necessary documents confirming your rights. This includes a marriage certificate, a written document confirming that the housing was purchased during the marriage, and other documents for the apartment;
2. Apply to the court with a claim for the allocation of a share - this must be done at the location of the residential property, the defendant in this case is the other owners;
3. Wait for the case to be decided on the merits - usually the court fully satisfies the requirements. Less often, when the share is insignificant and cannot be allocated in practice - for example, 1/8 in a 1-room apartment, the plaintiff is paid monetary compensation commensurate with the market value of the share;
4. Register ownership of the share and obtain documents from Rosreestr.

By completing these steps, you will become the owner of the already allocated part of the real estate and will be able to sell it on a general basis.

It is quite possible to sell a share in an apartment to a third party; this does not require the consent of other family members, but only their notification of the transaction. You can also sell an unallocated share, having previously formalized the rights properly. A legally correct approach to the matter guarantees success - in the future you will be able to avoid litigation and legal conflicts.

Video 1. Sale of a share in an apartment without the consent of other owners 2018

Video 2. How can one legally deprive the owner of a share in an apartment?

Video 3. What is a share in an apartment and is it worth buying it?

How does the sale of a share of an apartment to a third party or second owner take place: How to properly conduct the transaction yourself + Video

How is the sale of a share in an apartment to a third party or second owner carried out? If you intend to sell your share in an apartment to a third party, you need to keep in mind that this is subject to special rules when you need to comply with certain formalities.

Since this is only a part of the share and it has a special legal status of shared ownership, the opinion of all owners of the apartment must be taken into account when selling it.

There are exceptions in some cases.

What does the owner of a share in an apartment have the right to?

If a person has ownership rights to an apartment or house, then he has the opportunity to dispose of it at his own discretion.

If a person has only a share in the property, that is, part of the property, then the powers to dispose of the property are significantly less, the following features are taken into account.

Peculiarities

• An agreement for the sale of a share in property must be notarized;
• the sale of a share of an apartment for monetary compensation by the owner obliges him to inform the other owners of the apartment about this, because they have an advantage in the right to buy out this share by law;
• gratuitous alienation of one's share in the apartment, that is, its donation, does not require obtaining the consent of the remaining owners of shares in the apartment.

Actions

This means that any agreement on the sale or donation of your share in the property requires certification from a notary, and when selling, you first need to notify the other owners of the shares, that is, offer the other owners of the apartment to buy the share from you first.

Important! This procedure for selling a share in an apartment is mandatory for all shareholders and does not depend on the size of the share or how the person became the owner of the share.

Stages of selling a share in residential real estate

Before starting the process of selling a share, the owner must evaluate it, that is, at what price he is ready to sell and consider other terms of the transaction. The rest of the sales process will depend on this.

• The conditions for the sale of a share in an apartment, which will be specified in the purchase and sale agreement, are discussed only by the seller and the buyer; the other owners of the shares cannot influence this.
• Download an example of a notice for the sale of a share in an apartment - sample
• Download (DOC, 25KB)

A) First, you need to decide on what conditions the purchase and sale transaction will take place

Here you need to agree on the subject of the contract, that this will be a share in the common right to the apartment, you also need to describe the legal characteristics, what is the size of the share, and indicate the remaining data on the residential property.

At this stage, you need to discuss the price for the sale of the share, how the payment will be made, that is, how and what amount the seller will receive for the alienation of the share.

Everything that you agree on, all the conditions, are exactly what you will use when agreeing on the sale of your share with other shareholders.

B) The second stage will be the process of notifying the remaining co-owners of the apartment about the sale of their share

In order for you to be able to sell your share of the apartment in the future on the terms that will be specified in the contract, you need to follow the procedure for notifying the remaining owners of the shares of the apartment and sum it up. If this stage is skipped, then in the future such a transaction may be declared invalid if an interested party goes to court.

Notice to owner

To comply with this requirement, the initiator of the process of selling a share of ownership in an apartment must send a notice to each owner of the right to share in the apartment, which will spell out all the conditions of the sale, and necessarily the transaction price.

The notification must be sent, even if the transaction is concluded with one of the share owners.

The notice must indicate the period, and no later than one month from the date of its receipt, the owners of shares in the apartment can exercise the pre-emptive right to purchase.

The notice must include the following information:

• first name, last name and patronymic of the notification addressee;
• information that a transaction is pending for the sale of a share of the apartment;
• the conditions under which the sale of the share will take place, and necessarily the price for the sale of the share, are specified.

Important! The notice does not need to indicate information about the buyer of the share in the apartment, because from a legal point of view this is not important.

A sample notification can be found on the Internet.

Service of notice

The notice must be delivered in person against signature or sent by mail with acknowledgment of delivery. Documents confirming the delivery of the notice to other owners of shares in the apartment must be preserved, as this may be required if a dispute arises in court in the future.

The fact of receipt of the notification allows all owners of shares in the apartment to buy a share of the property on the same terms as stated in the agreement. And after the seller has given notice to everyone, he cannot increase the price for his share. Then, within a month, all shareholders must express their opinion on the transaction.

Here the situation can develop as follows:

• within a month, none of the co-owners expressed their decision or responded to the notification in any way, which means that the transaction with the buyer can be carried out on the conditions specified in the document;
• all co-owners of the apartment responded with a refusal of the right to buy out a share in the apartment, in this case the transaction can be carried out immediately after the official response;
• one or several owners of shares in the apartment express a desire to exercise their pre-emptive right to buy out the share and sign a purchase and sale agreement. In such a situation, the planned transaction with another Buyer cannot take place; the share will need to be sold to one of the share owners.

Important! If any response is not received within one month, as well as a response received with a refusal, allows the seller to complete the transaction on the conditions that were specified in the contract.

Reducing the transaction price

If, after all notifications have been considered, the seller reduces the transaction price, or changes other important terms of the contract, then the entire notification process will need to be carried out again, otherwise the transaction may again be declared illegal in the future.

If several shareholders have agreed to the transaction, then each of them can buy part of the share being sold.

C) The next step will be notarization of the contract

By law, any process of alienation of a share of an apartment must be certified by a notary. Without fulfilling this condition, the transaction will not be registered in Rosreestr.

To do this, the seller, together with the buyer, goes to a notary, where a specialist checks the terms of the transaction and that all conditions comply with the law on notifying other owners. After this, the notary will enter the new information into the notary register. After completing this procedure, the parties to the transaction can go to Rosreestr to register the transfer of ownership.

D) Register the transfer of ownership of the acquired share of the apartment

This can be done after the transaction has been registered and the data has been entered into the Unified State Register of Real Estate.

To do this, the seller, together with the buyer, goes to the Rosreestr branch or to the Multifunctional Center and pays a state fee of 2,000 rubles.

You need to take with you an application for registration, a receipt for payment of the state fee, a share purchase and sale agreement with a notary mark, a cadastral passport of the apartment, and passports of the parties to the transaction.

Also, depending on the situation, the consent of the seller’s second spouse may be required, if they acquired the share during the marriage, or the official refusal of the other share owners to purchase it.

If one of the participants in the transaction cannot be present in person, then you can issue a power of attorney from a notary for the representative.

After registration has been completed and information about the transfer of ownership of the share in the Unified State Register has been entered, a registration mark is placed on the agreement document. Participants in the transaction are given an extract from the Unified State Register of Real Estate, a cadastral passport for the apartment, and a purchase and sale agreement with registration.

After going through all these stages, we can say that the transaction has taken place and ownership has been registered.

Rights and obligations of the buyer and seller of an apartment share

After the buyer has become the owner of a share of the apartment and registered his rights in Rosreestr, he has new rights and obligations in relation to the share of the apartment, like other owners of parts of the housing. Each owner of a share in an apartment has the right to a part of the common property of the apartment. It is important here that the general joint use of residential real estate should not violate the rights of other people.

After selling the share, the seller must find out whether to pay tax on the profit received. If he has owned the share for more than three years, then personal income tax is not subject to payment.

If the ownership period is less than three years, then an income tax of 13% must be paid if the sale price of the share was higher than the purchase price of the property.

For the buyer, since he has become the new owner of a share of the apartment, there is an obligation to pay tax on his personal property. The tax is calculated based on the cadastral value of housing. You also need to remember to pay a fee for major repairs of the building where the apartment is located.

Step-by-step instructions: how to sell a share in an apartment? Underwater rocks

Buying and selling a share of an apartment is a complex process. The law protects the rights of all citizens without prejudice to any category.

Thus, the state has given all apartment owners a pre-emptive right to purchase. To avoid confusion in documents, we provided additional legal verification of the purchase and sale agreement to a notary.

How to go through the stages of registering a share of living space without problems? We will look into it in detail.

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

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-47-82. It's fast and free!

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Where to start: do I need to highlight my part and how?

Common property is real estate owned simultaneously by two or more citizens.

It can be of two types:

• common share - each owner has his own share in the apartment, for example 1/2 or 1/3, etc.;
• general joint - there are no allocated shares, the entire apartment is used on an equal basis (the property of the spouses).

Spouses at any time in their lives, including during a divorce, can, through the court or through a voluntary agreement, divide their property into shares. If one of the spouses wants to transfer (sell, donate, etc.) his part, then he must first allocate the share, and only then dispose of it.

A share in an apartment does not imply the allocation of a certain square footage or a specific room to each owner, which leads to conflicts between neighbors. Because it is difficult to live peacefully without clear boundaries of personal space in the apartment.

The law provides for the allocation of a share in kind . This means that the owner will be allocated a specific room, but in practice this is difficult to implement.

For example, if there is a three-room apartment, which belongs 1/3 to three owners, and they agree to divide it into three, allocating a separate room to each, then there will be no problems with registration.

It will be enough to draw up a written agreement indicating to whom and which room is allocated, certify it through a notary and register it with Rosreestr.

Allocation is possible through the court. Features of consideration:

• property must be divided without infringing on the rights of other residents of the apartment;
• they can only allocate all the shares at once; it will not be possible to allocate the share of one neighbor while keeping others as shared property;
• if the rooms are different in size, then the owner of the larger room will need to pay compensation to the neighbor for the lost meters.

If it is not possible to comply with all the nuances, the court will refuse to allocate a share in kind. Usually, when neighbors cannot get along, they are asked to establish in court the procedure for using common property.

According to the law (Article 250 of the Civil Code of the Russian Federation), when selling a share of an apartment, participants in shared ownership have the right of first refusal . It is understood that the seller is obliged:

• notify all owners in writing about the upcoming sale;
• indicate a specific price and other conditions of sale;
• wait for a response from other owners within a month or skip this deadline if there are written refusals from all residents;
• sell the share to one of the neighbors of your own choice, if several owners have expressed a desire at once;
• sell a share in the right for a previously specified amount or higher to any person after the month given for the purchase of housing by neighbors.

In the case where the proposed buyer is a relative:

1. if he is an outsider and does not have a share in a shared apartment, it is necessary to follow the standard scheme for notifying all neighbors;
2. if he is one of the owners, you can safely formalize the purchase and sale without notifying other persons.

You can sell to relatives. But there are nuances when taxing such a transaction:

• the buyer does not have the right to receive a property tax deduction if he is a close relative (Article 105.1 of the Tax Code of the Russian Federation) to the seller (spouses, parents, adopted children, adoptive parents, brothers, sisters, guardians, trustees, wards);
• If the purchase and sale agreement specifies the price of the living space below the market price, the tax authorities have the right, after proceedings, to impose a fine for tax evasion, and the tax itself is calculated based on the average price for similar square meters.

Step-by-step instructions: how to properly sell real estate in shared ownership?

How to notify co-owners? It is best to send a registered letter by mail with notification.

The letter must indicate (FNP Letter No. 1033/03-16-3 dated March 31, 2016):

1. object of sale - share of the apartment;
2. cost of the apartment;
3. other conditions that are important, for example, the procedure for settlements, an indication of the persons retaining the right of registration at this address after the sale, the timing of the transfer of property and other conditions (included if necessary, but are not mandatory).

Receiving a refusal

The waiting period for a response from notified owners is 30 calendar days. The days are counted from the day the letter is delivered. The absence of a response after this period serves as the basis for starting the procedure for selling the share to other parties; this must be reflected in the purchase and sale agreement.

The owner of the apartment can also refuse to purchase a share by confirming such a will in a simple letter or a notarized document. A simple written refusal is provided to the notary, who, in turn, can accept it without reservations or carry out work to clarify the fidelity of the expressed will in the document (invite neighbors for a conversation, call, etc.).

If one of the owners is under 18 years of age, in order to give them a refusal, permission from the guardianship authorities will be required , which can significantly extend the period of waiting for a response from neighbors.

Contents of the refusal:

1. Author's full name;
2. legal status (owner, based on what document);
3. link to the seller’s offer (letter, notification);
4. the cost of the living space being sold;
5. waiver;
6. date, signature.

Can one of the owners complete a transaction without the consent of the others?

The following situations are possible:

1. the neighbor refuses to buy on the terms proposed by the seller, and puts forward his own - then the seller has the right to sell the apartment to other persons, considering such objections as a refusal of the proposed conditions;
2. a neighbor refuses to buy a share and at the same time objects to the sale to other persons - such objections are taken into account as a waiver of the pre-emptive right and do not affect the exercise of the seller’s right to sell;
3. one of the apartment owners agrees to buy a share - then notification of other owners is not mandatory and the notification stage can be skipped.

We invite you to watch a video on how to buy a share in an apartment without the consent of other owners:

How to find a buyer and what documents are needed?

Documents provided by both parties to the contract:

• passport;
• marriage or divorce certificate;
• notarized consent of the second spouse to the transaction (if the citizen is married);
• the child’s birth certificate or passport (if one of the parties is a minor);
• consent of the guardianship authority (if one of the parties is a child);
• documents of title for the share of the apartment (the agreement on the basis of which the apartment was acquired, for example, purchase and sale or donation, or inheritance);
• certificate of registration of the right to a share of living space (issued by the registration authority at the time of property registration).

Documents provided by the seller:

• a certificate from the passport office or MFC about all registered persons in the apartment (any of the owners can receive it);
• certificate of absence of debt on utility bills - personal account (issued by the housing department, required only upon request by the buyer);
• cadastral passport (issued at the MFC, or at Rosreestr);
• technical plan (issued by the BTI, required to certify that redevelopment has been carried out or not);
• an extract from the Unified State Register of Real Estate regarding the absence of encumbrances;
• documents confirming the refusal of other neighbors to purchase.

Differences in the package of documents if the transaction occurs between relatives

If the transaction is carried out between relatives, the same documents are provided. No proof of relationship is required.

Is the list different if the owner purchases?

If the share is bought by the owner of another share in the same apartment, then documents confirming the notification of other owners will not be required. The buyer will have to confirm that he is already the legal owner of a share in the apartment being sold.

How to determine the cost?

As soon as the decision is made to sell the share of the apartment, it is necessary to decide at what price the real estate will be alienated. This must be done without delay, because when notifying neighbors, you will need to indicate an adequate price, which cannot be changed in the future.

For the calculation it is necessary to take into account various factors:

• number of shares in the apartment;
• number of rooms in the apartment;
• number of registered persons;
• general living conditions (condition of common areas);
• other conditions.

It is possible to make calculations:

1. On one's own . For example, calculate your share of the total cost of the apartment. This calculation takes place when the entire apartment is sold. When selling a share, the cost of square meters drops significantly.
2. Contact an expert organization and independent appraisers . For a fee, they will draw up an expert opinion, in which they will describe point by point all the pros and cons of the living space being sold and make a rational conclusion about the market value.
3. Consult a real estate agency , or better yet several, where experienced realtors can advise at what price it is best to sell.

Preparation of contract

• The agreement is drawn up in at least three copies (one for each participant + one for the registration service), always in writing.
• In addition to the standard sections, some additional clauses must be included in the purchase and sale agreement for a share of an apartment.
• The specific features of the contract for the sale of a share of an apartment are:

• an indication of the specific share of living space being sold;
• a link to the procedure carried out for notifying all apartment owners with an indication of supporting documents.

If the parties to the transaction are relatives, an indication of the relationship is not necessary.

If the buyer is the owner of another share in the same apartment, then the document must indicate on the basis of which document confirms his right.

If one or both parties are unable to participate in the transaction process, they can issue a power of attorney to another person. Any capable citizen can be a trusted person; most often they choose either a close person or a specialist (lawyer, realtor).

Power of attorney:

• notarized;
• contains information about the authorized person and the relying party;
• contains an indication of specific legal actions that need to be performed (the exception is a general power of attorney, it provides the entire range of actions);
• contains a description of the object of law - the share of the apartment.

The document is drawn up by a notary for a fee . The purchase and sale agreement must include a clause containing information about the authorized representative.

Do you need a notary to certify a contract?

Based on Art. 42 of Federal Law No. 218-FZ of July 13, 2015, the following are subject to mandatory notarization:

• transactions for the alienation of a share in an apartment;
• transactions for the alienation of an entire apartment under one contract, owned by several persons on the right of common shared ownership.

The notary checks the rights of the parties, the legality of their actions, as well as the compliance of the agreement with the law.

The obligation of the parties to draw up an agreement in a notary office is not legally established. You can draw up the document yourself and provide it to a notary for review and verification.

In practice, when alienating shares, the owner immediately contacts the notary, and it is the notary who sends notifications to all owners and tells them what documents each party needs to provide to conclude the transaction. Also, often the notary chamber itself draws up an agreement for a fee and certifies it .

Documents issued by a notary are submitted to the MFC or Registration department. Before submitting documents, you must pay the state fee, which is 2000 rubles.

The registration procedure takes 3 days . But for objective reasons, the period may increase by 2-3 days, since significant time is spent on transporting documents from Rosreestr to the MFC.

The ownership right of the new owner comes into force from the moment of state registration.

Risks and pitfalls: why is such a deal dangerous?

Many citizens are put off by buying a share in an apartment, because there are a number of pitfalls:

1. No notification of neighbors about the sale . If the procedure was not carried out in good faith according to all the rules, other owners can sue and challenge the transaction, demanding the exercise of their pre-emptive right to purchase. The deal is declared invalid.
2. Difficulty in determining specific squares of living space . Since a share in the right does not always make it possible to allocate a separate room for a specific person to live in, there is a risk of conflicts between neighbors over the square meters of the apartment.
3. Fictitious gift agreement . Often, the owner of a share offers to draw up a deed of gift so as not to notify neighbors and not pay taxes. But such a deal is easy to challenge and invalidate.
4. Conflicts with neighbors . It is not always possible to coexist peacefully with other residents. And in this case, the citizen is often inclined to sell such housing and look for a new one.

We invite you to watch a video about the possible risks when buying and selling a share in an apartment:

Buying and selling a share of an apartment is not a simple process. It requires careful study of documents and scrupulousness in observing all formalities. But if you break the whole process into stages and conscientiously fulfill all legal requirements, you can achieve the desired result in the shortest possible time and without losses.

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