Is it possible to divide a two-room adjacent apartment into two owners in Moscow?

Is it possible to divide the apartment into two apartments?

According to practice, dividing one apartment into two equal ones is a rarer occurrence than combining two premises into one.
At the same time, there are still situations that require the separation of one large apartment, for example, when such real estate is inherited by several relatives or during the divorce process of a married couple. Most often, the following circumstances become the reasons for the division of housing located in an apartment building:

1. Due to the divorce of husband and wife, in order to divide one apartment into 2 parts, with the aim of acquiring separate living quarters for each of the spouses.
2. In the case of inheritance of real estate, in which relatives do not consider partition or sale of the apartment with subsequent division of the proceeds for it as an option, and also do not want to dispose of the said property in a joint manner.
3. When a child reaches adulthood and enters into a marriage relationship, which requires separate housing, which can be obtained by allocating a share in kind from a common family apartment.
4. The residential property was purchased for commercial purposes, in view of the fact that the purchase of two separate apartments may require significantly more material investments than one larger one, but with an identical area.

All these reasons are more of an everyday rather than legal nature and are by no means exhaustive. Other situations may arise in life when the division of an apartment is required.

Is it possible to share an apartment if it is large?

It is much more difficult to actually divide a two-level apartment or a large one, for example, consisting of three or four rooms. Current legislation determines that each newly created residential premises must have separate bathrooms (bath/shower and toilet), a room equipped for a kitchen, as well as a separate exit to the landing.

At the same time, the rights of other residents of the apartment building must not be violated and their safety and comfort cannot be jeopardized.

Important! If, in the case of the division of housing that previously consisted of two apartments, the bathroom could simply be returned to the previously allocated place, then when dividing an entire apartment, the planned places for installing a bathroom and toilet must be transferred from the status of residential premises to non-residential. This procedure seems quite difficult to implement, and in most cases, completely impossible.

Similar problems can arise when creating two kitchens. Since the apartment already has space for one, it is necessary to draw up an appropriate project for the second, which also has its own nuances:

1. Current legislation prohibits the arrangement of a kitchen space if there is a living room under its intended location, due to the fact that such actions can significantly worsen the living conditions of neighbors living on the floor below.
2. It is also prohibited to install a gas stove in a kitchen niche, which is located in a one-room apartment, due to the fact that a room with a gas stove in it cannot, in principle, have a residential purpose.

Important! Only in view of compliance with all the above conditions is it possible to divide the apartment into two separate ones, which is practically impossible in old-plan houses.

In addition, difficulties may arise when creating a separate entrance for the second apartment. This is due to the fact that to carry out these actions it will be necessary to break through the load-bearing wall. If the door opens onto the landing, you must obtain permission from all owners of other apartments.

There is another option for creating a separate exit - building a vestibule inside the original housing. However, such actions can lead to the loss of part of the living space and, as a result, a forced reduction in the size of the remaining rooms.

If the apartment is formed of 2 apartments

The division of such residential real estate, as a rule, does not cause any special complications, however, this is not a reason to believe that to carry out the division of this apartment, it is enough just to erect a partition in the designated area.

To implement these actions, you will need to make some efforts and resolve many issues.

This is just a short list of organizational and technical measures related to the division of one apartment into two objects. In addition, the list above is relevant for situations when both owners are in contact with each other and are ready for division. Otherwise, even if it is technically possible to partition in kind, the division will have to be done through the courts.

When you can't share an apartment

Along with the above requirements for the redevelopment of residential premises, there are also a number of conditions that make it impossible to divide an apartment in a multi-storey building, namely:

1. Reconstruction/redevelopment of an apartment can lead to deterioration in strength, as well as destruction of the load-bearing structures of the building, disruption of the safety or appearance of the facades of a multi-story building, malfunctions of engineering systems or similar equipment, and deterioration in the operation of fire-fighting mechanisms.
2. These actions entail a violation of the protected rights and legitimate interests of residents of neighboring apartments.
3. Redevelopment or re-equipment of housing is prohibited if, as a result of such work, the premises will not have a source of natural lighting or heating devices.
4. Ventilation ducts related to the kitchen, bathroom and toilet will be combined with ducts that have access to the living areas.
5. In case of violation of other norms and rules provided for by law.

These conditions are mainly relevant for 1- and 2-room apartments, which, due to their small area and difficulties with communications, are unsuitable for division in kind. The simplest way to divide property is to sell the property and then divide the funds.

Also, the land plot under an apartment building is not subject to division.

If the apartment building is low-rise

Often in the vast expanses of both the capital and the country as a whole, you can find low-rise construction projects of 1-2 floors, containing 4-8 apartments. In fact, these are almost private houses, where each apartment can have a separate exit or a common vestibule-entrance for 2-4 apartments.

In these cases, the chances of division are greater, since redevelopment and arrangement of communications and a separate exit are still simpler than in a 9 or 16-story building.

All the requirements listed above also apply to the division of an apartment in a low-rise residential building.

Example . Ivanov N. and A. decided to share an apartment in an apartment building and low-rise residential building voluntarily. In a house with 8 apartments and 2 floors, all exits from the living quarters opened into a common vestibule - 4 apartments on the first floor and 4 apartments on the second floor.

Based on the results of the construction and technical examination, it was established that it is possible to physically divide the living space, however, there are a number of problems with arranging a separate exit - due to the specifics of the layout, there is nowhere to put the door in the vestibule.

As a result, dividing the apartment in kind was considered impossible for the Ivanovs.

Design

To develop a project for dividing an apartment, you must contact a specialized design organization and provide them with a technical passport of the residential premises or a floor plan and explication.

A specialist visits the apartment to inspect and measure all the premises, as well as clarify the measures for the proposed redevelopment. If the apartment owners have already tried to draw up a sketch of the redevelopment, an employee of the design organization will check the possibility of carrying out alterations according to the customer’s sketch.

After the preliminary examination, the specialist draws up a conclusion, which includes the following information:

1. Data about the property and design characteristics of the divided apartment.
2. If present, all identified defects.
3. Conclusions about the admissibility (or inadmissibility) of carrying out measures to divide the living space into two separate ones. In this part of the document, the specialist also indicates whether the planned division of the property violates (or does not violate) building codes and regulations, as well as the rights of neighbors.

If the specialist concludes that dividing the apartment is technically possible, then a redevelopment project is prepared; the preparation time for such a project is 2-7 calendar days. The finished redevelopment project contains:

1. General information about the residential premises.
2. What measures are proposed for redevelopment.
3. Plan of the primary living space before work begins.
4. Plan of secondary apartments after completion of subdivision.
5. A plan of all structures that are subject to dismantling.
6. Plan of structures proposed for installation.
7. Applications.

The project is certified by the signature of the head of the design organization and the seal.

If an employee of the design organization comes to the conclusion that dividing the living space into two separate ones is impossible, then we can put an end to this. No authority will allow redevelopment work without a positive conclusion from the design organization, but if you carry out it without permission, you will not be able to register secondary apartments, you will not be able to sell or donate them in the future. Moreover, if in the future it becomes known that you carried out unauthorized redevelopment apartments, then local authorities will file a claim to return the object to its previous form, and at the expense of the owner. And there will be no prospects for a positive court decision for you.

Coordination

Coordination of the planned redevelopment with local authorities is a mandatory procedure, otherwise all work carried out to divide the apartment will be considered illegal.

Stages

The entire approval process is divided into several stages, the order of each of them must be followed, and it is also necessary to fulfill each of the following points:

• drawing up a project and obtaining a positive opinion from a specialized organization;
• collection of documents necessary to obtain permission;
• visiting the housing inspectorate and submitting there an application for permission to redevelop with the obligatory attachment of all required documents to the application;
• after obtaining permission, work on dividing the apartment is carried out;
• the commission checks the work performed and draws up an acceptance certificate for the division of residential premises;
• commissioning of secondary residential premises.

Documentation

To obtain permission to divide an apartment, the following documents must be submitted to local authorities:

• application for permission to actually divide the property;
• title documents for residential premises;
• redevelopment project;
• conclusion of a specialized organization on the possibility of carrying out work on dividing the apartment;
• photocopy of the applicant's passport;
• registration certificate for the apartment;
• consent to the redevelopment of all owners of residential premises;
• if necessary, the consent of neighbors for reconstruction (required when arranging the exit from a newly created apartment to a common landing);
• permission of gas services (if you plan to install or move gas equipment);
• permission from electricians to install new metering devices;
• if the apartment is located in a building that is an architectural, cultural or historical monument, then an additional conclusion from the monument protection authorities will be required on the possibility of carrying out redevelopment work.

Drawing up an application to obtain permission to carry out redevelopment has certain requirements; it must contain the following information:

• personal data of the apartment owners;
• form of ownership of the object;
• a description of the circumstances under which the actual division of the apartment was required;
• signature of all owners of residential premises.

Further, already in the municipality the following is stamped on the document:

• date of receipt of the application and attached documents;
• serial number according to the registration book;
• number of the receipt issued by the official when accepting documents;
• a note indicating that the application has been accepted;
• position and signature of the responsible person.

Deadlines

If a division of an apartment that was previously combined from two into one is planned, a sketch of the redevelopment will often be sufficient; in this case, the approval period will be minimal: no later than one to two months from the date of submission of the application to the municipality. Redevelopment in accordance with the project is considered within four months. Coordination of work that involves manipulation of load-bearing walls and capital structures takes the longest; in this case, it can take up to six months until local authorities consider the application for division of the apartment.

After receiving permission for redevelopment, it will be necessary to record all changes in the BTI and obtain new title documents; this may take about two months.

Local authorities may refuse approval; this is possible in cases where:

• the necessary documents have not been submitted or some of them are missing;
• documents have been collected and submitted, but not to the proper authority;
• The redevelopment project does not comply with the requirements of the current legislation of the Russian Federation.

If a citizen has received a refusal of approval, but is sure that the refusal is unlawful, he can appeal it in court.

Privatized living space

If ownership arose as a result of privatization, then the owners can divide the object at any time. To do this you need to do the following:

• negotiate the size of shares with all family members;
• contact the guardianship authorities if there are minors among the owners;
• prepare a package of documents;
• submit an application to the Companies House.

To register the division of shares in a privatized apartment, you must provide the following documents to Rosreestr:

• agreement;
• passports of all participants in the transaction;
• birth certificates for minors;
• permission from the guardianship authority;
• technical documentation for the facility;
• privatization agreement;
• receipt for payment of state duty.

The size of real estate owned by each family member is established on the basis of a privatization agreement.

The cost of work on approving the division of an apartment

The cost of work on coordinating the division of a turnkey apartment varies from 150,000 rubles. up to 500,000 rub. At the same time, obtaining permission from the Moscow Housing Inspectorate is only one of four stages. Next come such stages as acceptance of the Act by the commission after division, making changes to the BTI database and to the Unified State Register of Real Estate. If you only completed the first stage and stopped there, then the division will not be considered legal, and the permit will lose its validity a year from the date of issue.

What determines the cost of approving the division of an apartment:

• Area of ​​the apartment according to BTI;
• Type of apartment building (monolith, panel, brick);
• Apartment location (district);
• Planning decisions;
• Type and complexity of separation.

Prices for approval of apartment separation

Isolation methods

Most often, shares are allocated in residential premises in the following ways:

1. Actually. It is this option that requires redevelopment and obtaining new cadastral passports for each allocated share.
2. In an ideal share. This method is most often used, since the size of apartments usually does not allow for separate entrances and division of common areas (kitchen, bathrooms, corridor, etc.). In this case, part of the housing is considered conditional (ideal) and is expressed in a share ratio. Each owner is allocated a room, and common areas remain jointly owned. The procedure for use is determined by judicial or voluntary agreement.
3. In monetary terms. If the apartment is small enough or there are many owners, then each person’s share is so insignificant that it is almost impossible to allocate it. In this case, the value of the entire residential premises is established (at the cadastral price or based on the results of an appraisal examination) and the court obliges the remaining owners to pay the owner who wants to allocate his share its value.

Regardless of which method of allocating a share in a privatized apartment is chosen, not only a judicial determination is possible, but also a voluntary one (conclusion of an agreement).

How to legalize the division of an apartment

Have you divided your apartments and now don’t know how to legalize it? In the case of an already completed division, you will need a Technical Opinion on the admissibility and safety of the work performed for each newly formed property. If there are gross violations of sanitary standards and building rules, as well as in case of infringement of the rights of neighbors, the redevelopment will have to be redone, but if all the work is completed without violations, then the next step will be to call a commission from the Moscow Housing Inspectorate to accept the apartments according to the acts. Next comes the stage of obtaining new floor plans for each apartment and making changes to the Unified State Register. Only after passing the last stage with receiving USRN extracts for each object will the approval of the division of apartments be considered completed.

FAQ

?Reasons for legalizing redevelopment with separation of the apartment:

• Any changes to the apartment must be legally secured, otherwise you may face constant visits from inspection services and receiving fines;
• If you plan to sell any apartment in the future or register ownership of another person, you will not be able to do this without agreeing on the changes made;
• A conflict with neighbors or a homeowners association, and you don’t know what it might lead to, since the situation is aggravated by illegal redevelopment
• Refusal to receive a loan due to unapproved redevelopment of the apartment;
• Problems with obtaining a loan secured by unapproved real estate.

Algorithm for the separation procedure

Before carrying out the procedure, you must contact the design organization to draw up a project. Design engineers will tell you how to divide one large apartment into two, whether there are technical possibilities for the division, and will draw up a project with approval from the authorities. Then the procedure is carried out technically and new properties are registered.

Drafting

The design stage includes an engineer visiting the site to compare the characteristics with the technical passport and carry out additional measurements. At the initial stage, the specialist draws up a technical report, which reflects:

• structural data about the property;
• a descriptive part of the residential premises with identified defects, if any;
• conclusions about the possibility of dividing the apartment into two or prohibiting the procedure.

The conclusion of the design organization about the impossibility of dividing the apartment into two puts an end to the process. Unauthorized partition will not only not allow registration, but also risks filing a lawsuit with the local authorities with demands to urgently return the housing to its original appearance and attributing all costs to the defendant.

If the procedure is technically possible, then the next step will be to draw up a project that includes:

1. Arrangement of a separate entrance for the second apartment. Since the perimeter walls are solid, when organizing a separate entrance, reinforcement of the supporting structure is required, as well as the consent of new neighbors on the landing. As an option, you can use the design of a vestibule.
2. Design of bathrooms and kitchens taking into account the listed restrictions on the number of storeys with annexes of project plans:
   drawing of the primary living space;
3. view after division into two independent objects;
4. diagrams of structures to be dismantled;

The descriptive part contains a list of measures for redevelopment. The finished project is sealed with the seal of the design organization and serves as the basis for further actions.

Coordination with local authorities

The planned division activity must be agreed upon with local authorities, otherwise the work carried out will be considered illegal.

To obtain a permit, you must submit the following documents:

• a statement signed by all owners and containing a description of the motivating factors for carrying out the procedure for dividing the apartment into two;
• title and title documents for residential premises;
• technical plan of a housing facility;
• technical report with the conclusions of the design organization on the possibility of redevelopment and reconstruction project;
• consent of neighbors when planning a separate entrance for the second apartment;
• permission from gas services when installing or moving equipment;
• permission from electricity and water supply services to install new metering devices (water and electricity meters).

After agreeing on the division of the apartment into two, you can begin to carry out the work.

Drawing up an act and putting it into operation

After completion of the work, the owners are required to inform the municipality about the reconstruction. An appointed housing inspector visits the site to check:

• compliance of the redevelopment with the drawn up project;
• accessibility of utilities;
• compliance with building codes and regulations;
• the strength of the building materials used and their compliance with standards.

The result of dividing an apartment into two apartments is documented in an act of acceptance of secondary apartments, which is transferred to the BTI for drawing up a new technical plan of the premises. After recording the redevelopment in the BTI, owners can receive new title documents.

Often local authorities respond with an unfounded refusal to carry out the procedure, which is disputed in the courts. Qualified lawyers will help you prepare a package of documents, draw up a statement of claim and represent your interests in court. It is possible that the owners cannot come to an agreement on the division. When drawing up a competent claim, the court may impose the obligation to carry out reconstruction on both homeowners.

Sample agreement

The agreement must include the following information:

• passport details of the parties to the transaction;
• grounds for the emergence of the right to own property;
• information about the property being shared (footage, number of rooms, etc.);
• the size of each person’s share (either in proportion, or a specific description of the part of the housing, or its cost);
• the signature of each participant in the transaction (for minors under 14 years of age, the parents sign, and after 14 years of age they only certify it);
• certification by a notary, his signature and personal seal.

Sample agreement on the allocation of a share in kind from the common shared ownership of a privatized apartment

The procedure for dividing an apartment

The need to turn a large apartment into several separate, autonomous residential premises is a rather long process, which, in addition to repair work, includes the approval of separate entrances, obtaining new postal addresses, and registration of property rights. And if a simple layout is agreed upon quite quickly, then the division of apartments in Moscow will take more time. It is necessary to decide on the redevelopment, develop a technical report and create an appropriate project. These documents are also supplemented by the following documents:

• Technical passport for the apartment;
• Owner's application for redevelopment;
• A notarized copy of the certificate of ownership;
• If a new entrance to the apartment is being installed, then the consent of the neighbors is necessary;
• When moving gas equipment, approval from Mosgaz is required;
• A document indicating Mosenergo's consent to the redevelopment.

If the separation process is handled by a reconciliation specialist, then it is necessary to issue a power of attorney for him. A complete package of documents is submitted for consideration to the Moscow Housing Inspectorate. You can expect a response within 45 days. It is not recommended to begin repair work before receiving instructions.

How to divide real estate

Project development is the most important stage of the entire process. It is necessary to agree on the design of individual bathrooms in each home. The complexity of the process lies in the apartment itself, or more precisely in what it is: large, previously united or communal. A similar issue can be resolved most quickly with previously united apartments, since a common building-type riser must remain in each newly formed property.

Methods for arranging a separate exit to the home:

• The opening is made on the landing (the approval of two thirds of the residents of the apartment building is required);
• The opening faces the street (changes to the façade require additional approval);
• A common corridor is being established between the formed residential buildings, each of which has its own exit.

If it is necessary to divide an apartment into shares, then in this case it matters whether the apartment is communal or municipal. In the latter case, the ownership share is distributed by the municipality.

Documentation

Along with the claim, you will need to provide the following certificates and papers:

• a copy of the plaintiff’s identity document;
• an extract from the Unified State Register of Property Rights;
• technical documents for shared living space;
• receipt of payment of state duty;
• other documentary evidence of the legality of the claims.

If the judge does not have enough documents to make a verdict, he will either independently request them from the relevant authorities or oblige the parties to the dispute to provide them.

Order an examination

In private, it is difficult to determine the potential for partition; to do this, you should have knowledge and information about:

• Technical characteristics of the house itself (where are the load-bearing walls, common area, etc.).
• The layout of the neighbors (not all neighbors allow an inspection, especially if unauthorized redevelopment has been done).
• Possibility of additional gasification and electrification of newly created apartments, provision of water and sewerage.
• Subtleties and nuances of fire and engineering safety.

Therefore, it is recommended that an examination of the division of the apartment be carried out by those who are professionals in this field. There are campaigns (participants of self-regulatory organizations) that engage in such analysis on an ongoing basis and have experience working with all the necessary information.

Based on the results of the examination, an expert opinion will be drawn up on the technical feasibility of separating individual apartments from one. Based on it, you can order a redevelopment project, legalize it and begin to implement the section in practice.

Important: Unauthorized redevelopment is a violation of the Housing Code of the Russian Federation (Article 29). The court may force the premises to be returned to their original appearance or the property to be sold at auction. Yes, and you will have to pay a fine (2 - 2.5 thousand rubles) according to Art. 7.21 Code of Administrative Offenses of the Russian Federation.