How to register a donation of a share of an apartment in 2020?

Extract from the Unified State Register of Real Estate

General and detailed information about any type of real estate registered on the territory of the Russian Federation is stored in the Unified State Register. All data contained in its databases is open. Both interested parties and owners have the right to access them. To obtain an extract from the Unified State Register you will need:

• pay the state fee;
• sign a statement about the need to issue a certificate of a certain type;
• wait for the paper to be issued.

You can contact the MFC, State Services, Cadastral Register and Rosreestr. The time frame for document generation will be no more than 5 working days . To avoid mistakes, you need to find out in advance the exact address of the real estate or its registration number.

How to find out if there is a share in a privatized apartment?

You can find out whether you have a share in the apartment, and how exactly the housing is distributed among all its inhabitants, by contacting the “My Documents” MFC or the unified information and settlement center.

Please note that such information by employees of these organizations is disclosed only to the owner or person registered at the address about which information is requested.

If you are not included in this category of people, you can obtain information in other available ways. To do this, find out the cadastral number and address of the property in advance. There are many services on the Internet that provide, for a fee, information about co-owners of housing and the size of shares.

In addition to basic information about the requested object, you will need to fill in other required fields about you, such as:

• email address (the requested certificate will be sent there);
• FULL NAME;
• passport details (series, number).

In order to submit an application you must:

• go to the website of the selected service;
• register in your personal account;
• log in with your username and password;
• place an order to receive an extract;
• As soon as the statement is compiled, it will be available for download in your Personal Account and will be sent to you by email specified when registering your account.

As a rule, responses to such requests are generated by commercial services within one hour after sending the application and making payment for the service.

The advantage of unofficial online services is their speed. For example, at the MFC, where you can also order an extract from the Unified State Register for a small fee, it will take 3 days to generate the document.

But, at the same time, it is very important, before paying money for a service, to study the reputation of the service and the source from which it requests information. Be sure to make sure that only official, current Rosreestr databases are used, and not stored outdated data.

What information will the extract from the Unified State Register contain?

The information provided in the certificate will be current at the time of its issuance. The document contains :

• complete information about the person who placed the order for the certificate;
• serial number of the extract;
• the exact date of its formation;
• place of registration of the requested immovable property;
• the purpose of the apartment and its actual address;
• general information about real estate: registration number in the cadastre, area, etc.;
• features of the right of ownership of the object;
• information about all owners (co-owners, shared owners);
• existing restrictions and other data.

Since the registration of real estate is maintained by federal government services, the information provided in the extract from the Unified State Register of Real Estate will be 100% reliable . If the document indicates 3 share owners, then during the transaction there will not be 4 of them.

Fractional values ​​will also be indicated in the legally approved form

They can be equal or unequal.

The Rosreestr Office for the Perm Territory draws the attention of purchasers of premises in an apartment building: an apartment or non-residential premises - during state registration of ownership of an apartment or non-residential premises in an apartment building, state registration of a share in the right of common ownership is simultaneously carried out (if the seller had such a right previously registered) on the premises and land plot constituting the common property therein; State registration of ownership of an apartment building is not carried out. When submitting documents for registration of rights, two applications are filled out accordingly.

The common shared ownership of the owners of premises in an apartment building includes the land plot on which the apartment building is located, and other real estate objects included in such a building (Article 16 of the Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation”). Federation").

The Law “On State Registration of Real Estate” determines, as a general rule, the declarative nature of state registration of rights. It is initiated by the copyright holder (parties to the transaction) by submitting a corresponding application to the rights registration authority. Without an application, state registration of rights is carried out only in certain cases, for example, during state registration of arrest, prohibition, etc.

At the same time, the Procedure for maintaining the Unified State Register of Real Estate (USRN) establishes the structure of the EGRN registers and the rules for making entries in them, and not the grounds for carrying out state cadastral registration and (or) state registration of rights.

Therefore, when submitting an application for state registration of rights to premises in an apartment building, an application for state registration of the right of common shared ownership of real estate objects that are common property in this apartment building (if there is information about them in the Unified State Register of Real Estate) is simultaneously submitted to the registering authority. Applications are accompanied by a corresponding package of documents and a state fee is paid in the amount established by subparagraph 23 of paragraph 1 of Article 333.33 of the Tax Code of the Russian Federation. For example, if the Unified State Register contains information about the seller’s right to a share in the common property of the house, then when purchasing an apartment by one owner, the buyer-citizen pays a state fee of 2,000 rubles (for registering the right to an apartment) and 200 rubles (for registering the right to a share in the common property). property of an apartment building).

When submitting an application for state registration of rights (transfer of rights) to premises in an apartment building, the absence of an application for state registration of the right of common shared ownership of real estate objects that are common property in this apartment building (if there is information about them in the Unified State Register of Real Estate) is grounds for suspension implementation of state registration of rights.

In order for the registration of rights to an apartment to proceed without delay, Rosreestr recommends paying attention to the need to submit an application for the transfer of rights and registration of rights not only in relation to the purchased premises (apartment, non-residential premises), but also for the common property in the apartment building in which the specified premises are purchased .

Why find out the owner's share in the apartment?

The main reason is that a share of the property or the entire apartment can be put up for sale and sold without the knowledge and consent of all co-owners. Violations of the rights of owners cannot be ruled out . An extract from the Unified State Register will help avoid the following situations:

• purchasing a share of an apartment owned by a minor child;
• acquiring part of the property that belongs to an incapacitated person;
• purchasing a share of property owned by a person currently in prison.

In all these cases, the person whose rights have been infringed has the legal right to challenge the completed sale transaction. This risks litigation and additional costs. Therefore, when identifying share owners, they insist on conducting the transaction with consent. It would not hurt to order an extract from the Unified State Register of Real Estate for a person who is not sure (does not know, doubts) that he has his own share.

You can also find out the ownership share in an apartment through intermediary companies. But contacting them may result in the issuance of false certificates. Therefore, it is wiser to contact Rosreestr.

ORDER USRN

Certification of documents for housing and how much does a contract of donation of a share of an apartment cost with a notary?

The execution of some documents does not require the presence of a notary or his certification. A deed of gift applies to such cases, but only if the entire apartment is donated. If a share is involved in the transaction, then the execution of the agreement must be official. That is, certified by a notary.

There are a number of exceptions. For example, if there is only one owner and wants to donate only a certain share in the apartment. Then the participation of a notary is not necessary.

Is it necessary to certify the donation agreement for a share of an apartment?

This section will provide information on whether the document should be notarized or not.

A deed of gift is the simplest way to transfer property to another person.

The contract can be handwritten in simple written form. It does not have to be certified by a notary. It is enough to put the signatures of the parties.

But in the case of donating a share of an apartment, things are different. There are several cases when certification by a notary is inevitable:

1. The apartment belongs to shared property. That is, there are several owners, and they are not close relatives (how to formalize the donation of a share of an apartment to a relative?). In this case, it is necessary to notarize the share donation agreement. You can avoid serious costs if the notary does not carry out the entire transaction, but only certifies the agreement written in his presence. If the property is personal, then the consent of the other owners will not be required (find out whether it is possible to donate a share in an apartment without the consent of other owners here).
   That is, you do not need to obtain permission for the deed of gift from them; it is enough to have the agreement certified by a notary, and it will be considered valid.

   For example, if the owners are Ivanov and Petrov, and their shares are 50% each.

   Ivanov wanted to give his 50% to another person. Then the contract must be registered. Moreover, consent from Petrov is not required.

   Read also:  Judicial practice in cases of apartment flooding
2. The share is joint property. In this case, it is also necessary to notarize the document (where can a gift agreement be executed?).
   Moreover, it does not matter whether this share is registered in the name of one spouse or both (as a joint share). For example, Petrov and Ivanov bought an apartment 50% to 50%. Ivanov was married at the time the deal was concluded, but Petrov was not. Ivanov’s share is property acquired jointly during marriage, so certification by a notary is required. The situation is also the same if Petrov and Ivanov and his wife bought an apartment. Petrov's share is 50%, Ivanov and his wife's share is 50%. The marital share is registered as joint. The contract must be signed.
3. Gift deed for the second spouse. In fact, when purchasing an apartment during marriage, it becomes common property.
   In the event of a divorce, it will be divided in half. For the apartment to become completely at the disposal of one spouse, it is not enough to draw up a deed of gift. It is necessary to draw up a marriage contract, which must be certified by a notary. For example, Petrov and his wife bought an apartment while married. But Petrov wants to give his share to his wife, then he needs to draw up a marriage contract with a notary, which will indicate that the wife is the owner of the entire apartment.

If the situation falls under one of these points, then a trip to a notary cannot be avoided.

1. There is one owner in the apartment. For example, if Petrov wants to donate a share in his apartment, then there is no need to have such a document certified by a notary.
   It is worth remembering that the apartment must be personal property. That is, it must have been purchased before marriage, given as a gift, or Petrov received it as an inheritance. Then he can dispose of the property at his own discretion.
2. The share is jointly owned by the spouses, and the gift is not intended for the second spouse. In this case, you need to draw up a regular gift agreement, which will indicate that a share of the common property is donated to a third party (for example, a child), and the remaining share remains in joint ownership.
   In this situation, consent from the second spouse is not required. The contract must indicate both spouses as owners. And a share is given on their behalf.

Only in these cases, notarization of the share is not necessary.

Even if certification is not required, contacting a notary provides a number of advantages:

• In controversial situations, he can act as a witness in court.
• If the contract is lost, a copy will be kept by the notary. It can be restored.

However, each owner must decide for himself exactly how to draw up documents, if the law does not require a notarized signature.

A notary can conduct the entire transaction or certify only the contract. In the first case, all responsibility lies with the specialist.

He will fill out all the forms, help you collect a package of documents, send documents for registration yourself, and may even receive an extract from the Unified State Register for the new owner.

We described in more detail what documents are needed to formalize a deed of gift for a share in an apartment in this article.

All these services are not free. Full registration will cost a lot. In Moscow, the cost starts from 10,000 rubles. This amount includes state duties and additional expenses.

If you entrust the tax preparation to a notary, then you will have to add 13% of the cost of housing to the basic amount.

So that the notary can deposit this money himself. Clients will need to visit the office twice. The first time is to give money and documents and write an agreement. Second time to get a certificate.

There is no difference in the certification of the contract in both cases. First, the owner needs to choose a notary whom he wants to contact. Prices for services are practically the same. You need to pay attention to reviews and location.

After this, you need to come to the office for a consultation. Having described the entire situation to a specialist, the client will be able to understand the approximate cost of the services and will know exactly the list of necessary documents. The list depends on the situation, but the following are required:

1. Participants' passports.
2. Document confirming ownership.
3. Extract from the house register (certificate of family composition).
4. Consent of other owners (if required).
5. Cadastral passport.

After all the documents have been collected, it is necessary to write an agreement in the presence of a notary. He will help you with your writing. After which, he will certify it with his signature and seal.

Then you need to contact Rosreestr to register ownership. If you prepare the paperwork yourself, you will need to pay a state fee of 2,000 rubles at this stage. Attach a payment receipt to the package of documents.

Next, Rosreestr specialists will review the application and issue a certificate of ownership. The review will not take more than 30 days.

How much does registration cost?

From the table you can find out how much notary services cost in Moscow, St. Petersburg, Chelyabinsk and Sochi. Please note that the prices shown are average prices.

Only the state fees of the notary office and Rosreestr are fixed. Moreover, the notary must pay more for the state fee than specified in the law (2000 rubles).

This is due to the fact that the cost of specialist services is added to the amount of the state duty. The remaining amounts are regulated by the company’s internal guidelines, so discrepancies in prices for services are possible. Find out more details about the state duty for donating a share in an apartment and the amount of tax for the transaction in a separate material.

The participation of a notary is highly desirable when drawing up a deed of gift for a share. In some cases, one cannot do without his services. But sometimes you can save money. In any case, contacting a notary provides additional guarantees for the client.

Source: https://urexpert.online/nedvizhimost/kvartira/darenie-kvartiry/doli-kv/uchastie-notariusa.html

Where do you live"I live in a CFT building with two-level apartments"

The large-scale ensemble, covering the territory on both banks of the Smolenka estuary, is a kind of open-air museum of Soviet architecture. Vivid examples of Leningrad architecture of the last three decades of the USSR are demonstrated here.

An ambitious urban planning project, one of the goals of which was the formation of the sea facade of Leningrad, began at the turn of 1950–1960. In the 1960s, design studies were carried out to justify major changes in the landscape of the western part of Vasilyevsky Island. It was planned to regulate the bed of the Smolenka River, reclamation of new territories with the unification of a system of small islands, construction of underground structures, including a new metro line, as well as the organization of the Morskaya Embankment. A separate task was to create a spectacular monumental image of Leningrad, which would also work for perception from distant points—from high water. The development of the ensemble was entrusted to Workshop No. 12 of the LenNIIproekt Institute. In the conditions of a planned economy and the absence of private initiative from the client, architects managed for three decades to weave a stylistically integral urban lace, covering this spacious territory with a single neat pattern. Much here was built according to individual projects. In late Soviet times, this was always something special. The last buildings - the famous dotted “houses on legs” - were completed already in the 1990s. Even the collapse of the Soviet Union could not prevent the completion of this grandiose megaproject.

By the mid-1980s, an extended stepped wall of the house at 1 Novosmolenskaya embankment had taken shape. The residential building, raised on a high plinth protecting from floods, is often called by Vasileostrovsk residents by the perestroika abbreviation CFT (Center of Corporate Trade). In the second half of the 1980s and early 1990s, the center's premises were occupied by an arcade covering the entire first floor. And in the very word “branded” there is a hint of elitism, well known to Soviet people. Having a south-eastern facing façade, the extended house emphasized and volumetrically reinforced the straightened bed of the Smolenka - a subject of special pride for the architects, the axis of the ensemble. This composition was conceived as one of the demonstrative spaces that set the strict rational tone characteristic of modernist Soviet Leningrad. On the opposite bank, the “houses on legs” have a northwest-southeast orientation, which makes both facades viewable and comfortable in terms of natural light.

Problems with neighbors and high utility bills

The process of converting housing into non-residential stock is quite complex. “When transferring an apartment to a non-residential property, it is necessary to take into account the significant financial costs of obtaining the necessary documents. In addition, it will take a lot of time to collect all the documents, complete the project and get it approved. Don’t also forget that maintaining a commercial premises will cost more than maintaining a residential apartment (utility bills will increase),” says Inna Ignatkina, director of the department. In addition, neighbors may be against such alteration of the apartment.

By renting out housing for commercial purposes, without officially transferring it to non-residential stock, the owner takes on a certain risk: such activity is illegal. If the tax inspectorate receives information about such exploitation of a residential premises, the violator will be subject to a fine (from 1 to 1.5 thousand rubles) or a warning.

What can you do with half the apartment?

1) You need to go to court with a statement of claim “On moving in, on the defendant’s obligation not to interfere with your use of the residential premises - apartment and on determining the procedure for using the residential premises - apartment.” I am attaching sample claims below for you.

2) You can also sell your share. But your mother has a pre-emptive right to purchase your share. Therefore, send your mother a notarized offer to purchase your share. Send the letter via mail with an inventory and notification. After a month, if she doesn’t buy it, start selling to another buyer.

Article 250. Pre-emptive right to purchase

[Civil Code of the Russian Federation] [Chapter 16] [Article 250]

1. When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the preemptive right to purchase the share being sold at the price for which it is sold and on other equal conditions, except in the case of sale at public auction.

2. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it. If the remaining participants in shared ownership refuse to purchase or do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person.

3. When selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

4. Assignment of the pre-emptive right to purchase a share is not permitted.

5. The rules of this article also apply when alienating a share under an exchange agreement.

Your mother does not have the right to rent out the entire apartment without your consent; she can only dispose of her share, and only by mutual agreement with you.

1.You can legally invalidate the rental agreement, evict the tenants, and determine the procedure for using the apartment.

2. In addition, you can sell your share. Since your mother has the right of first refusal, you must send her written notice of your intention to sell your share, indicating the price and terms of sale (must be sent by registered mail, return receipt requested). If she does not buy your share within a month or refuses to purchase it, you have every right to sell your share to any third party.

3.You can demand the allocation of your share in kind.

Article 246 of the Civil Code. Disposal of property in shared ownership

1. The disposal of property in shared ownership is carried out by agreement of all its participants.

2. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.

Article 247 of the Civil Code. Possession and use of property in shared ownership

1. Possession and use of property in shared ownership is carried out by agreement of all its participants, and if no agreement is reached, in the manner established by the court.

2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property falling on his share.

Article 252 of the Civil Code. Division of property in shared ownership and allocation of a share from it

1. Property in shared ownership may be divided between its participants by agreement between them.

2. A participant in shared ownership has the right to demand the allocation of his share from the common property.

3. If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property.

If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership.

4. The disproportion between the property allocated in kind to a participant in shared ownership on the basis of this article and his share in the right of ownership shall be eliminated by payment of the appropriate amount of money or other compensation.

Payment of compensation to a participant in shared ownership by the remaining owners instead of allocating his share in kind is permitted with his consent. In cases where the owner’s share is insignificant, cannot be realistically allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of the consent of this owner, oblige the remaining participants in the shared ownership to pay him compensation.