Risks that arise when purchasing a share in the ownership of an apartment

Share in the apartment and procedure for use

Having shared ownership of housing, it is necessary to take into account the rights and interests of all co-owners, regardless of the size of their share in the apartment. When it comes to a share in an apartment, you need to understand that it cannot be measured in square meters, draw a boundary and prohibit other co-owners from entering “other people’s territory”. Each owner of a share in an apartment has the same rights, regardless of the size of the share. Having a 1/4 share in a 2-room apartment, it is quite possible to live in a separate room, of course, provided that there is only one co-owner.

If the procedure for using the residential premises in shared ownership , this means that they use all the residential premises equally. None of the apartment owners has the right to restrict

other owners of the apartment's share in use.
Only if a court decision determines the order of use can any of the rooms be closed. Owning a share in an apartment is not the same as owning a room. A share in an apartment cannot literally be seen, touched, or said that a share in an apartment that belongs to you corresponds to some part in the apartment, unless there is a court decision to determine the order of use or the order of use has not been established by consent of the owners of the apartment. A share in an apartment
can only be expressed as a fraction, for example, 1/2, 1/5, or 3/16; no one can prohibit the owner of a 1/5 share in an apartment from sleeping in one room today and another tomorrow.
For many, this situation has become key. Now there are a lot of people and financial structures who know how to make money on a share in an apartment .

Procedure for purchasing a share in an apartment

Verify seller's identity

It is worth verifying the legal capacity of the seller , as well as the legal capacity of the person who issued the power of attorney, if the transaction is carried out by an authorized person.

The power of attorney must be notarized; it is imperative to check the validity period of the power of attorney and check with the notary whether it has been revoked.

Check the seller's title documents

Collect the necessary documents:

• an extract from the register of rights to this property. It makes sense to familiarize yourself with the document, which will show how often and what kind of transactions were made with real estate, as well as whether there are encumbrances and restrictions. To obtain such an extract, you must contact the registration chamber or MFC with an application or send such an application via telecommunication channels, having previously paid the fee.
• cadastral passport. It can be obtained by sending a request through the form on the Rosreestr website or by submitting an application in person to the cadastral chamber or MFC, having pre-paid the fee. If the apartment is not registered, only the owner can apply for cadastral registration.
• technical passport and certificate of alienation of property - the document can only be obtained by the owner by contacting the BTI.

Notify all apartment owners in writing about the sale and receive a written refusal to purchase:

It can be notarized or the owners can sign it in the presence of employees of the registration authority.

An alternative document may be a notary's certificate of delivery to the owners of a notice of sale of a share in the apartment, in the event that there is no response (participants in shared ownership are obliged, within thirty days from the date of delivery of the notice to them, to purchase a share in the apartment put up for sale, or to sign a waiver of it acquisitions).

You may be interested in where to start restoring documents of ownership of a property

How a real estate transaction is registered is described in detail HERE

Law on silence in the Moscow region:

Spouse's consent

Obtain the consent of the spouse to purchase real estate, check the availability of such consent from the seller (if the parties to the transaction are married).

The consent must be certified by a notary.

The buyer is not required by law to obtain the consent of the spouse, but registrars, as a rule, request it.

Draw up a purchase and sale agreement

It must be in writing and contain the signatures of the parties.

Mandatory to indicate in the contract are information that allows you to identify the property , namely: address, type, area.

The contract specifies the full cost (that is, exactly the amount that is actually transferred to the seller).

If the court previously determined the procedure for use, then these conditions can be specified in the purchase and sale agreement.

However, the court decision does not apply to the new owner; if one of the owners is not satisfied with a certain procedure, he has the right to go to court.

It is recommended to include a transfer and acceptance certificate in the contract.

Registration

The purchase and sale agreement of a share in the ownership of an apartment is subject to mandatory registration.

In order to register ownership of real estate, participants in the transaction can contact the registration chamber or MFC in person, send documents electronically or via Russian Post.

Set of documents for registration:

• application for state registration;
• passports of the parties to the transaction . In cases where there are minor registered owners, their birth certificates will be required;
• documents on ownership of real estate;
• extract from the Unified State Register;
• technical passport and certificate for alienation of housing;
• cadastral passport;
• confirmation of sending a notice of sale to all participants in shared ownership or a written refusal of the co-owners to purchase the specified share;
• notarized consent of the spouses or a statement from the participant in the transaction that he is not married. If you have a prenuptial separation agreement, you will need a copy of it;
• documents confirming the absence of rent arrears and to the Federal Tax Service;
• a notarized power of attorney with the participation of a representative of one or both parties in the transaction.

The registration authority may require additional documents: for example, if one of the owners is incapacitated, has limited legal capacity or has not reached the age of 18, permission from the guardianship authorities will be required to complete the transaction.

Additional documents will also be required if the registrar has doubts about the authenticity of the documents provided or the correctness of the information specified in them.

How can you dispose of your share?

According to Article 244 of the Civil Code, your part of the apartment can be:

• sell or donate;
• bequeath;
• lay down

However, since this is still a share, and not the entire apartment, it will not be possible to sell it without demand. Article 250 of the Civil Code established the advantage of co-participants in purchasing a share upon its sale. For example, if you are going to sell your share, you must first offer to buy it from you to the other co-owners of the apartment at the announced price . Moreover, the proposal must be written, for example, in a registered letter with notification .

Please note: You can give, bequeath or pledge your share without asking .

If you are faced with the question of whether to sell or donate a share , you need to consider several nuances:

• if you own the share for less than 3 years, you will need to pay 13% tax on the sale;
• when making a gift, the donee will pay the tax (close relatives - children, parents, spouse - do not pay tax);
• a gifted share will not be divided between spouses during a divorce , unlike a sold one (this means the case when the owner of the share alienates it in favor of his child, who is already married).

But before disposing of a share that is not defined (joint property), it must first be determined .

Options for purchasing a share in an apartment: step-by-step instructions

The acquisition of shared ownership is legally formalized by a real estate purchase and sale agreement, the procedure for concluding which has nuances in each specific case. Based on amendments to Article 24 of Federal Law No. 122 “On State Registration...” dated July 21, 1997, the transaction must be certified by a notary.

A citizen who wishes to sell part of an apartment informs the other owners in writing about the impending transaction. Permission to transfer ownership of housing to third parties is considered to be receipt of a written refusal from the co-owners to purchase a share or the absence of objections on their part within a month from the date of sending the notice. If there is evidence that the addressee has received notifications, the owner has the right to put his part of the apartment up for sale after 30 days.

How to register a share in an apartment

As already explained, the share can be determined either by agreement or in court.

This is required by Article 244 of the Civil Code.

If all co-owners of a common apartment decide to amicably determine their shares, you need to do this:

• draw up a written agreement on the determination of shares;
• register it with Rosreestr.

Previously, all real estate transactions were notarized, but now this is not required. But it's not prohibited either.

And if there is no agreement among the partners, only the judge has the right to determine the shares . By default, shares in a common apartment are equal. But an increase in someone’s favor is also possible if:

• money was not invested equally in purchase or construction;
• one of the co-owners improved the condition of the apartment at his own expense (for example, installed water supply).

In this case, in Rosreestr the main document will not be an agreement, but a court decision.

What are the pitfalls when buying an apartment on the secondary market?

Real estate transactions in general represent a complex category of civil law relations: this concerns checking the “cleanliness” of apartments, the stages and timing of transactions and settlements, and legal registration. In addition, the serious money that accompanies the purchase of an apartment is a bait for various kinds of scammers and swindlers.

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Very often, residents of secondary housing make redevelopments in the apartment, removing unnecessary partitions and combining rooms. However, such changes are not always documented. Often, due to legal illiteracy and reluctance to spend money and time, citizens refuse to contact the competent authorities in order to legalize redevelopment.

Goals and associated risks

When weighing the pros and cons of whether it is worth buying a share in an apartment, a prospective owner of part of the home needs to compare the acquisition goals with the associated risks.

The sales advertisements provided contain information about the benefits of “three in one” at a low price:

• right to property;
• the possibility of permanent registration in a region of interest to non-residents;
• right to reside in the territory.

The danger of buying a share in an apartment that has a small part lies in the difficulties with registration and accommodation. The size of alienated and acquired living space is not limited by law, up to division into meters and even centimeters. Owning a share below the standard is exclusively the right of a citizen.

What is the danger of buying a share in an apartment for those who want to get registration and a roof over their heads? In practice, FMS employees refuse to carry out the registration procedure, arguing the connection between registration and residence, but you cannot live on 1 square meter, therefore registration is of a formal nature.

The purchase of living space below the established regional standards leads to refusal of registration, and the courts tend to support the registration authorities. Thus, the St. Petersburg City Court made a decision on the legality of refusal to register in a living space below the minimum (for the northern capital, 9 sq. m per person) with the wording that it was impossible to actually move in.

The Migration Service carefully monitors “rubber apartments”, since the purchase of shares and fragmentation has caused mass move-in and registration with the subsequent creation of living conditions that are impossible for the co-owners.

When assessing whether it is profitable to buy a share in an apartment, the only positive point is the price factor. A simple mathematical law fails because the whole apartment will cost more than its component parts. However, it is necessary to “look back” at the footage standards established in the region.

Shared ownership: main nuances

Purchasing housing in shared ownership has a number of features. Of course, the owner has the right to independently dispose of personal property, but only when we are talking about part of the joint property: there are some restrictions on the possibility of this disposal.

When purchasing a share in an apartment, you need to know about many of the intricacies of the legal plan, since incorrect registration entails the danger of declaring the transaction illegal.

Reasons for the emergence of shared ownership of an apartment

According to the law, housing that belongs to more than two owners is common property, which, as we have already found out, can be shared or joint.

With shared ownership, the apartment is divided into shares, which may or may not be equal. The allocation of these shares is carried out based on the wishes of the owners, or according to a court verdict. Each owner receives title documents for his personal share within one apartment.

Reasons for the emergence of shared ownership:

1. If privatization occurs for all persons who are interested in it, at the time of privatization.
2. If the marriage is dissolved and the former spouses share an apartment that was previously in their common possession.
3. If housing is inherited by several heirs at the same time.

Note! The share of housing that is sold must be allocated in kind, or as a ratio to the total area of ​​housing. The owner of the share must have a document in his hands where his share is indicated in fractional (or percentage) indication.

A share is a legal definition when owners can share housing, selling which is required to obtain consent from their co-owners for the new owner to move in.

Buying a share in a cottage

In order to answer the question about allocating a share, you need to know what 1/3 of what you want to buy consists of, which requires a construction and technical examination. Such a transaction is doubtful, since it is impossible to accurately determine the possibility of allocating a share and predict the adequacy of the behavior of the remaining owners.

My opinion is this: if there is a title document for the share that you want to purchase, and there is also the technical possibility of allocating the share in kind (you can make a separate entrance, toilet, shower, kitchen), then if you have financial resources and your patience, the question acquiring a share is not dangerous and has prospects.

26 Apr 2020 glavurist 155

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Preemptive buyout

After purchasing an apartment as shared ownership, the law imposes certain restrictions on the possibility of selling your own share.

Article 246 of the Civil Code of the Russian Federation determines that all manipulations that affect the interests of shared owners can only be carried out in accordance with their mutual desire.

Article 250 of the Civil Code of the Russian Federation defines the procedure for the priority right of redemption: when a share in common housing is sold to a person interested in this purchase. First of all, the owner must offer to buy out his share to other owners of this property (they can make a decision to purchase within 30 days). Only after receiving a written refusal from them, the owner acquires the right to sell his share, but to third parties.

When making a transaction with third parties, it is prohibited to set a price lower than what was previously offered to the co-owners.

Keep in mind! Violation of property rights when selling a share of joint property allows co-owners to easily protest the illegal transaction within 90 days from the day it took place.

Buying shares in an apartment: nuances and recommendations

— When buying and selling a share, you don’t have to talk about fraud in the form in which we see it in the secondary sales segment. Here the problem is of a different kind and poses a danger not to the buyer, but to other co-owners. There are often cases when the sale of a share is associated with an irreconcilable situation between the owners (divorce, division of property, inheritance). The person selling the share wants to “annoy” the co-owners as much as possible. The logic is simple, we buy a share, then we buy out the rest. Thus, buying an apartment in parts will cost much less than buying the entire apartment. Another question is how the remaining shares, the owners of which are not ready for sale, will be redeemed.

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— The share is abstract only physically. According to the law, a transfer and acceptance certificate is required for any paid transaction - this is security for the parties. As they say, the material right is transferred, the money is received. But it is not required to register a purchase and sale agreement. Therefore, in the interests of the parties, I would advise including this clause in the contract and signing the acceptance certificate.

Spouses: buying a home in shared ownership

Since the purchase of housing by spouses implies that there will be joint ownership, and not shared ownership, the procedure for registering such a transaction has a number of its own nuances.

When selling housing purchased in joint ownership, you will need to obtain consent with notarization from your spouse.

On a note. Despite the fact that during a transaction of acquisition of joint ownership it is necessary to decide on the issue of for whom the documents will be drawn up, in reality this aspect does not play a significant role, since regardless of who the contract is concluded for, both spouses have equal rights in relation to housing.

Taking care of simplifying the situation in the event of a possible divorce, the husband and wife have the opportunity to use any of three methods:

1. Re-register and re-enter a new agreement for two.
2. Draw up an agreement between each other, where you note the size of each person’s share in the event of divorce.
3. Initially, carry out a reasonable drafting of the marriage contract.

Spouses, if desired, can draw up documents not only for one, but also for two at once. In this case, if registration is made in the name of both spouses, you will need to allocate a share and be sure to indicate in the papers exactly which share belongs to which of the spouses.

One way to get rid of the danger of further disagreements is to conclude a marriage contract. It should indicate in detail what property the husband and wife had before their marriage. From here it will be easy to find out what property was acquired during the marriage and, accordingly, should be divided during a divorce. Among other things, the contract can specify the ratio of shares of each spouse in jointly acquired property upon its acquisition and upon divorce.

Keep in mind! Concluding an agreement is the most civilized and preferable option, due to the fact that it can indicate not only the amount of shares for each person in the purchased apartment, but also indicate the right of ownership of all other things and valuables.

Buying a house

— The first and most important rule when buying is: It’s better to look at a house in the spring! Many people make the mistake of inspecting a house in winter. There are, of course, advantages here, one of the downsides is that you can fully evaluate the heating of the house in winter, understand how warm it is in each room. But at the same time, in winter, especially when there is a lot of snow outside, it is very difficult to assess the general condition of the house. Snow may be hiding the foundation of the house, the roof, or some dump in the back of the yard. The foundation may be damaged or cracked. The slate on the roof may also become cracked or overgrown with moss, making it difficult for you to see anything due to the snow.

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— When inspecting a house, you should pay attention to how doors and windows open. Make sure that door and window openings are not warped (you can check this using a level). If there is still a slope in the structure, this indicates improper shrinkage of the house. If possible, you should inspect the house with the lights on and the windows open, so that the twilight does not hide the defects.

Pitfalls and risks when buying shares

Seemingly insignificant nuances can create a number of problems when purchasing a share in real estate. Before making a transaction, the future owner should communicate with the residents and find out the composition of the co-owners in order to monitor compliance with the algorithm and the presence or absence of problematic registered persons.

What pitfalls exist when buying an apartment in its part:

1. Conflict neighbors leading an immoral lifestyle. Acquiring a share in an apartment with similar co-owners is fraught with difficulties or impossibility of both further sale and cohabitation.
2. Presence of registered minors. At the initiative of the guardianship and trusteeship authorities, whose consent is mandatory, the transaction may be declared invalid, and the goal of purchasing a share for registration has not been achieved.
3. Obtaining consent from your spouse. If the part being sold belongs to the jointly acquired property, then the notarized consent of the partner is required.
4. Compliance with the algorithm for granting pre-emptive rights to purchase. In accordance with Article 250 of the Civil Code of the Russian Federation, before selling to a third party, the remaining co-owners should be offered priority. The addressees should be sent a notice of the planned sale, after which they should receive their decision in the form of:
   written refusal of the offer;
5. consent to buyout;
6. 30-day silence, equated to refusal and giving the owner the right to look for a buyer on the side.

Emerging nuances

The risks when purchasing a share in an apartment between close relatives are usually minimal. Therefore, if you need to purchase real estate in this way, you should contact them.

First of all, for a simple reason - this way it is possible to track as accurately and in detail the issue regarding the legality of the sale of real estate.

There is a fairly extensive list of issues that will need to be studied before purchasing property of this type.

Video: risks when buying a share in an apartment

The basic ones at this point in time include:

• procedure for concluding an agreement;
• risks when purchasing a share in an apartment without the consent of other owners;
• what to do if part of the property belongs to a minor;
• What you should pay attention to.

Procedure for concluding an agreement

The procedure for concluding a transaction of this type has a standard algorithm. This includes the following basic steps:

Registration of property rights is carried out in person through Rosreestr or by submitting documents to the MFC. Subsequently, the authorized body will issue a document that confirms the fact of ownership of the property.

Risks when purchasing a share in an apartment without the consent of other owners

In the absence of consent, the sale of a share can only take place if the sales algorithm was violated on the part of the seller.

Other owners have the right to challenge and invalidate the transaction in court if notification of the sale was not carried out.

If there is a lack of consent, but the purchase proposal was put forward to other owners, then such a protest will not have legal significance.

What to do if part of the property belongs to a minor

The situation with real estate is much more complicated if part of the share belongs to a person who has not reached the age of majority.

In this case, the consent of the guardianship and trusteeship authorities will be required for the sale.

Moreover, if the sale is carried out without the knowledge of this body, the transaction can be canceled in court. For government agencies, the observance of children’s rights is a priority.

Who can I sell my share to?

A transaction with ownership shares has several options.

To co-owners

Sale to co-owners can be voluntary or forced. In the first case, the owner sets the price himself and offers part of the property to the co-owners. The second option implies the following: if the owner’s share is considered significant (the largest relative to other owners), then the issue can be resolved in court, recognizing the residents’ shares as insignificant. To make a redemption, all conditions must be met:

• the share is insignificant;
• real allocation is impossible;
• the owner is not interested in using the common property;
• the interests of a minor child are not affected.

To third parties

If the apartment has several owners, then one of them has the right to dispose of the property if the co-owners refuse the agreement. Inflating prices intentionally and then lowering them when selling to another person is a variant of deception, which leads to termination of the contract in court. The same applies to a gift agreement, which can be challenged in the case of a compensated transaction, knowing all the intricacies of the legislative framework of the Russian Federation in 2020.

To creditors

In the case of real estate pledge or by court decision (loan debt), real estate auctions are held without the consent of the shareholders and the owner himself.

Note!

If you were sold an apartment or part of it with two co-owners, one of whom was not present at the transaction and did not give consent, then the risk of deception and termination of the transaction is high. The interested party has the right to apply to the court within 3 months to demand that the sale be declared invalid.

All the pitfalls when buying a house with a plot in the village

Parents cannot deprive their child of a share of the house. If a transaction is concluded on the basis of improper documents, it may subsequently be declared invalid in court, and this is the last thing you, as a buyer, need, so sellers must ensure that the child can receive a share of the house or apartment in exchange for the one being sold.

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Request from the seller copies of the full package of documents, incl. certificate of ownership of the house, title documents confirming the transfer of rights to the sellers (privatization agreement, purchase and sale, donation, technical and cadastral passports, payment documents confirming the absence of debt for housing and communal services and utilities. It is better to check the authenticity of the certificate from the guardianship authorities in the authorities themselves.Check out what the area of ​​the land plot allocated for the house is, even if it is not registered, because subsequently you will be able to register and use the plot in accordance with the existing land allotment.

Buying an apartment in shares

Buying an apartment at the same time by two citizens is especially common today, since such a transaction allows you to solve housing problems at low financial costs. This is a way out for citizens who do not have sufficient funds to purchase a separate apartment or other housing.

The real estate market today is filled with offers for the sale of apartments that were purchased as shared ownership by common-law spouses who are not married, or by ordinary people who are related or simply friendly. In this way, people gradually acquire their own apartment, buying part of the property from each other or selling shared ownership in full, and then buy a separate property according to their financial capabilities.

Procedure for purchasing shared ownership

Before purchasing the selected shared real estate, the buyer must:

• make sure that the seller has a refusal from other co-owners to purchase his share. Talk to your neighbors and understand that they really have no claim to the property put up for sale. At the same time, the buyer will be able to understand whether the neighbors are friendly;
• agree on the terms of the transaction with the seller on price, terms of payment, re-registration and timing of transfer of real estate. Make sure that the seller has collected the entire package of necessary documents and there are no obstacles to canceling the transaction;
• sign the drawn up contract after preliminary agreement on all conditions. The agreement is signed in the presence of a notary, who must certify it;
• accept property under a transfer and acceptance certificate, which is drawn up in the form of a written document and has the signatures of the parties. The act is attached to the agreement;
• register the property in your name with Rosreestr, presenting there the transaction agreement and the documents necessary for re-registration of the property.

What should you pay attention to when buying a share?

When choosing shared real estate from the proposed options, you should consider the following points:

• is it possible to access the apartment;
• what is the nature of the relationship between other residents, will they interfere with the move-in of a new resident;
• make sure of the real size of the share being sold, whether it exists in a conditionally allocated form;
• how many separate rooms and how they are located, whether the room being sold is adjacent to the room of another co-owner;
• whether the redevelopment has been carried out, since it is important that it be agreed upon;
• if the share being sold belongs to a minor child, then you need to make sure that the seller has the consent of the guardianship authorities to alienate his property;
• where is the apartment itself located, and what is its technical condition.

Features of purchasing a share in an apartment in 2020

Discussion of the upcoming sale of the share with the remaining owners If someone decides to buy out the share, then you can do without written notice. In other cases, you should not rely on verbal assurances. It is necessary to prepare an official notice indicating the conditions and price. Receiving a response from the owners. If a refusal is received, you can proceed to finalize the transaction with a third party. Otherwise, you must wait until the end of the month. Search for a buyer if the owners refuse to purchase. Search for a buyer is allowed by any available means (media, real estate agencies, Internet) Agreeing on conditions with the buyer. Once the buyer is found, the terms of sale are negotiated with him. In this case, the conditions must correspond to those specified in the notification. When the buyer insists on changing the terms, he must be prepared to wait a month to receive a new response from the co-owners. In this case, it is quite possible that someone will agree to buy out the share. Conclusion of the purchase and sale agreement. The agreed agreement is signed by the parties. Then the agreement is certified by a notary. Execution of an act of acceptance and transfer. According to this act, the transfer of the share is carried out. The act itself is attached to the agreement. Application to Rosreestr. The buyer submits documents to register the transfer of ownership. The presence of the seller is not required, since the contract is certified by a notary

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According to civil law, all citizens are entitled to equal rights. When applied to shared ownership, this rule means that the owner of the share has the right to dispose of it at his own discretion, but in compliance with the interests of the remaining owners.

Changes in legislation on transactions with shared ownership

Relationships with apartment neighbors are one of the main reasons for future problems, since recently transactions for the sale of shares in apartments using fraudulent schemes have become more frequent. To prevent the spread of various illegal transactions, the state adopted amendments to Federal Law No. 122 on June 02, 2016 on the registration of rights to real estate. According to the amendments, mandatory notarial support is established for all transactions relating to shared ownership

. If at first the notary participated in the registration of the transaction when selling shares only to non-owners of the apartment, now only all transactions with shared real estate are formalized by the notary.

The meaning of notarization of a transaction is for the notary to verify the legal purity of all presented documents.

What to check when buying land with a house

To understand how effectively the drainage system functions, you should monitor its operation during rain. If water does not accumulate near the wall of the house and does not wash out the adjacent soil, creating holes, then the drainage system is working correctly. If you observe the opposite picture, then you will have to start refining the drainage system.

In order to carry out such a transaction, a transfer of ownership of each property must be carried out. Accordingly, the transfer of ownership must be registered in relation to both the house itself and the land plot on which it is located.

05 Aug 2020 toplawyer 464

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What you should always remember when buying a share in an apartment

The risk of running into unscrupulous sellers and being left without money and without housing when dealing with shares is higher than when buying an apartment. This is why it is extremely important to check the property before the transaction:

1. Preemptive right of repurchase . Before selling his share, the owner is obliged to offer it to the owners of the remaining shares, and the price cannot be higher than the one at which he is going to offer it to third-party buyers. If this is not done, co-owners may challenge the sale and purchase transaction in the future. All proposals must be made in writing. Therefore, be sure to request from the seller not only written notifications to co-shareholders, but also their notarized refusal to purchase the share.
2. Encumbrance in the form of third parties . Be sure to ask the seller to provide an archival extract from the house register. This way you will find out who was registered in a given living space and when, and who was deregistered. If third parties are registered on the acquired share, even if they are relatives of the seller, it is necessary to remove them from the registration register before completing the purchase and sale transaction. If third parties are not deregistered before the transaction is completed, the new owner will only be able to deregister them through a judicial procedure.
3. Transaction involving a minor . If the owner of the share is a minor, then parents or guardians must act on his behalf. When selling children's shares, the consent of the guardianship authorities is required, which ensure that the minor will be provided with other housing, the living conditions will not worsen and he will not be discharged from the apartment “to nowhere.” Without the official consent of the guardianship, the court recognizes the transaction as invalid.
4. Forced sale of a minor share . If you want to buy a microshare, which, due to its smallness, cannot be allocated in kind, then remember that based on the claim of the other owners who own a larger area in the apartment, your share may be recognized by the court as insignificant. This is especially true when the owner of a microshare does not live in it, does not store his belongings there, etc. The court may oblige the remaining owners to pay the redemption price for it to the owner of a small share, after which the latter loses the right to it. In this case, the consent of the owner of a minor share is not required (clause 4 of Article 252 of the Civil Code of the Russian Federation).

Incomplete cost of the apartment in the purchase and sale agreement

Who might be interested in shares in apartments?

“Problem” shares in apartments are a specific object in the residential real estate market. Firstly, it is difficult to determine the average market value of shares: the spread of prices is very wide. Secondly, these objects do not have high liquidity: it is very, very difficult to sell them. However, demand for shares still exists, although it is not high. Who buys shares in apartments in St. Petersburg?

All potential buyers of shares can be divided into 3 large groups - professionals, experienced laymen and casual buyers.

Professional players in the real estate market:

Professionals are people whose work involves the acquisition and sale of “problem” shares. These people negotiate masterfully and quickly agree to purchase a share from owners who could not find a common language with other co-owners of the apartment. “Problem” shares in apartments are not redeemed at par (the market value of part of the whole), but at a large discount - at a discount, since they are illiquid due to the great complexity of further use for residential purposes. Professionals purchase shares not to live in apartments, but to make a profit. For them, purchasing “problem” shares is a short-term investment project that brings in significant income.

Having practical experience in these matters, having perfect knowledge of all the norms of the current legislation and using proven negotiation scripts, they persuade the second arrogant and stubborn owner to sell the apartment and distribute the received amount of money in proportion to the available shares. If the owners are intractable, the apartment turns into a springboard for “domestic wars”: this order of things does not bother professionals who are accustomed to everything, but the rest of the owners have to leave the apartment. As a result, they, one way or another, are inclined to the idea of ​​​​selling their home, having pretty much frayed their nervous system.

Experienced people who know the situation:

Housing in St. Petersburg is quite expensive, especially for residents from other regions. Visitors are looking for rooms in communal apartments and are thinking about renting, but there are also experienced residents who are ready for conflict situations. They acquire a share in the apartment at an affordable price, move into it, having in their hands the procedure for using housing determined by the court. If necessary, they resort to the help of the Federal Bailiff Service and gain access to the room, which they immediately occupy (install locks, etc.). Not just one person, but a whole family, sometimes people of other nationalities who come to St. Petersburg to work, can live together with other owners. Experienced ordinary people are ready for everyday conflicts; they will defend their interests to the last, and other owners are more likely to agree to sell their shares than “new residents”. By the way, in the end, these “lucky ones” get a chance to buy out shares from their former neighbors at a good discount.

Ordinary people - random buyers: Shares are often purchased by people who do not have information about this market segment. The realtor representing the interests of the seller of the share talks only about the “advantages” - the cheapness of such real estate, the legality of the transaction, the integrity of the neighbors, etc. As a result, as for the previous owner, the share becomes “problematic” for the new co-owner: a person without experience will not be able to endure uncomfortable living conditions and will not be able to profitably resell the share.

Goals and preferences of share buyers

All 3 groups have different goals:

• A professional is not interested in purchasing a share in an empty apartment. He needs to negotiate with other owners, forcing them to sell their home. The professional is interested in the share without access: he does not plan to live in an apartment. As a rule, he does not even inspect the apartment: the condition of the housing is indifferent to him.
• Experienced residents and casual buyers are looking for an apartment that is empty. They believe that by purchasing a share in an apartment where no one lives, they will be able to provide themselves with comfortable living conditions at least for some time. Experienced ordinary people and casual buyers carefully inspect the property in which they intend to purchase a share. Often professionals, having overdone their opponent’s pressure, lead negotiations with other owners to a dead end and they simply “run away”. People for whom the purchase of shares is a business will not wait a year, two or three, so they put such a share up for sale. Ordinary people can buy it, and for some time they will enjoy complete solitude.

Residents are trying to buy a significant share in the apartment: this allows them to determine the procedure for use in court. Such buyers are not interested in shares in one- or two-room apartments with adjacent rooms: the order of use in such housing is impossible to determine. At the same time, ordinary people still do not seek to buy out significant shares in large apartments, since for this price they could purchase a separate housing (room or studio), albeit without renovation.

Professionals, on the contrary, are not interested in one of the parties determining the procedure for use, because this would allow other owners to "hide" in their rooms. The size of the share is a secondary factor, the main thing is the market value of the entire apartment and the amount of the final profit from the transaction. However, professionals have little interest in shares of a significant size (9/10 or 4/5) or, on the contrary, insignificant (1/5 or 1/10).

Professionals, unlike ordinary people and casual buyers, are not interested in purchasing shares in apartments where the owners are elderly, minors, or incapacitated people; residents registered in a psychoneurological dispensary. Firstly, it is difficult to conduct a dialogue with them, and secondly, it is difficult to find a buyer who would agree to buy out the shares from such owners (when selling the entire apartment). Ordinary people and casual buyers, on the contrary, are looking for apartments in which the other owners are elderly people, married couples, degenerate intellectuals, etc.

Also, professionals are rarely interested in apartments in the Leningrad region, on the first floors and in old houses without amenities.
Common people are a little less concerned about such factors, since they are not interested in the final cost of the entire apartment. Have questions? Call back?

Are there any advantages to buying a share in an apartment?

Buying a share in an apartment has its advantages:

1. Possibility of registration on your share . This option is suitable for those who need to resolve registration issues once and for all (for example, nonresidents for work).
2. Redemption of remaining shares . Some buy a share in a promising apartment in order to later, after agreeing with the other shareholders, buy the entire living space. This is much cheaper than buying similar living space at once. But the human factor cannot be ignored here - not everyone can come to an agreement.

To summarize: buying a share in an apartment can be a good investment if you soberly assess the future prospects of owning such real estate.

New communal apartments: is it worth buying a share in an apartment?

As a rule, the division includes three-room apartments on the first floors of houses that are being rebuilt. Concrete partitions are dismantled and new frame partitions are installed in their place.

As a result, one apartment turns into 4 separate living spaces, each of which has its own bathroom combined with a toilet and its own entrance from the street.

Sellers have not yet chosen a single name for such apartments, but they are often presented on the real estate market as “new format studios.”

“Such apartments can formally be compared with communal apartments, but there is one very significant difference - these studios are completely autonomous and do not have common areas. And this is precisely the main problem of any communal apartment,” explains Olga Solodovnikova, head of the secondary real estate department of the Big Realty agency.

pros

Price

This is the most budget option for purchasing a separate home. Within the Moscow Ring Road, such studios cost from 1.5 million rubles. True, the area of ​​such housing will not be more than 12 meters.

For comparison, the average cost of a one-room apartment with an area of ​​12–15 square meters in Moscow in the Cian service is about 3 million rubles, and a room of comparable size in a communal apartment will cost 2.3 million.

Underwater rocks

1. Uncertainty

When purchasing, the new owner does not get a specific room, but only a share in the apartment - without indicating which part now belongs to him. The owner will receive, for example, one fourth of the entire apartment.

How to stay safe

To determine the ownership of the rooms, lawyer Anatoly Panfilov advises, when concluding a transaction to purchase an apartment, to draw up an agreement that will indicate which of the owners uses which room. Since rooms are usually of different sizes, this should also be reflected in the agreement.

2. Problems with redevelopment

Sometimes the apartment has already been remodeled, renovated, and only after that it is put up for sale. But often the realtor will not even be able to show the buyer his future real place of residence.

In order to assess the scale of the living space and materials, there is a showroom where potential clients are invited. And the redevelopment of the actual apartment will begin only after all buyers have been found and a preliminary contract has been signed.

That is, the buyer will not be able to quickly move into his new home.

Moreover, if the redevelopment is carried out with violations, there is a risk that in the future the studio owners will have to restore everything back. “And it will turn out that everyone will live in one large communal apartment,” says Irina Kasinskaya, a real estate market expert from the Apartment Master agency.

How to stay safe

Before purchasing such an apartment, you must make sure that the redevelopment took place in accordance with all current legislative norms and the housing code. The head of the group, Azat Galimzyanov, advises asking the seller for a registration certificate for the premises.

3. No loans

Banks do not take shares in apartments as collateral, so when buying such studios there can be no talk of a mortgage or maternity capital - only “real” money.

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4. Household inconveniences

To equip a separate bathroom, you need to connect the pipes in the basement and cut them into the general sewer system. If it is not possible to connect the pipes, a special pump is installed.

But this is not very comfortable for living, since the system is quite noisy. In addition, there is a risk that the pump will break and the tenant will be left without amenities in the apartment.

Ventilation in the new bathroom should come from the communal toilet, and neighbors do not always approve of this.

How to stay safe

Group leader Azat Galimzyanov advises paying attention to the materials that were used in the repair.

Cross-linked polyethylene is considered the most reliable for such non-standard pipe routing.

Before carrying out work, engineers must prepare an electrical project, calculate all the loads and install circuit breakers, laying wires of the appropriate sections. It is worth finding out whether this work has been carried out.

5. Dependence on neighbors

According to the law, only the owners themselves and their minor children can register in a divided apartment, and to register the rest, they will have to obtain the consent of the owners of other shares. It is quite possible that they will be against renting out housing, and their opinion will have to be taken into account.

It is necessary to take into account the opinion of the neighbors in the apartment even if someone wants to sell their part. The owner of one of the shares, who decides to part with it, is obliged to inform in writing of his intention to sell the share for a certain price and offer to buy it back to other owners.

If they immediately issue a refusal or do not buy the living space within a month, then they can offer their studio to third parties, but only at the same price that was set for the owners of other shares.

There may also be problems paying utility bills. If suddenly one of the neighbors stops paying, then the debt falls on all owners.

How to stay safe

When completing the initial transaction for the purchase of shares, all owners write a notarized waiver of the pre-emptive right to purchase. But over time, new legal owners may appear in the apartment, for example, who received a studio by inheritance.

Olga Karaseva for Sravni.ru, photo source – shutterstock.com

Source: https://www.Sravni.ru/text/2018/2/19/novye-kommunalki-stoit-li-pokupat-dolju-v-kvartire/

Preemptive right

The preemptive right needs to be said separately. In accordance with Article 250 of the Civil Code of the Russian Federation, co-owners of an apartment have the right to purchase a share with high priority.

Example : Before selling a share to a third party, the seller must first offer to buy this share to other co-owners. And only if they refuse or cannot purchase it, the seller will be able to sell it to another person.

Typically, such offers are made in writing and issued to the owners against signature. If within 10 days they have not expressed a desire to buy a share, it can be sold “outside”. When purchasing a share, it is imperative to require waivers of pre-emptive rights or, at a minimum, proposals conveyed to other owners with their signature indicating that they are familiar with them.

Minor owner

Minor owners can sell a share in an apartment, but only on the condition that official guardian representatives (for example, parents) act on their behalf. But this is not enough. Permission from the guardianship authorities is also required. This document must also be required, otherwise the transaction may again be declared invalid.

Procedure

1. Request from the owner all the above documents and check their authenticity.
   Copies are not permitted. All papers must be original. It is quite logical that the seller may refuse to hand over the original documents. In such a situation, you can make copies, but only with personal control that they are made from the originals, and not from some other copies or other dubious papers.
2. Prepare a purchase and sale agreement.
   This can be done by both the owner and the buyer. In any case, it must be read very carefully. Any questionable point is a reason to refuse the deal or demand its reconsideration.
3. Sign and have the contract certified by a notary.
   You can choose anyone, there is no territorial reference. However, each notary sets prices for his services individually. Therefore, it is logical that you should contact the notary who asks the least.
4. Transfer to the seller the amount at which he valued the share in the apartment.
5. Based on the purchase and sale agreement, make changes in Rosreestr and pay the state duty.
6. Receive an extract from the Unified State Register of Real Estate, which will indicate the new owner of the share in the apartment.

Selling a share in an apartment - how it happens and what is the benefit to the buyer

Understanding what it is, a share in the right, a person must be aware of the presence of problematic issues when selling. It will be easiest to sell such a property if all owners want to sell the apartment at the same time. Then it will be possible to find a buyer who will agree to buy the entire living space at once.

But if you have to trade only a part, then certain problems may arise. First of all, it will take a lot of time to find a client who is interested in buying a share. The owner should understand that it will not be possible to receive a large amount in such a situation. After all, most people want to buy an entire apartment, and not a percentage of it.

The process becomes more complicated if other owners are against the person selling his share. Perhaps they simply do not want to live with someone outsider in the same territory. But at the same time they cannot purchase a part themselves due to their poor financial situation. As a result, they can interfere with the deal in every possible way, and they are really capable of delaying it.

By law, other owners have a pre-emptive right to purchase, that is, they must first be offered to purchase a part, and then look for other clients. If they agree, then the process is quite simple and quick. If they immediately refuse and put their answer in writing, then no difficulties arise either. It’s another matter when they are going to interfere with the process, and they can do this in different ways.

Options:

1. They won’t write a refusal, although they don’t intend to purchase. Then the person will not be able to start searching for a buyer.
2. They will agree, although they will not actually buy. Thus, they will delay the process, and the person will not be able to sell the living space for a long time.

In the first case, it is recommended to take certain measures. It is necessary to write a notice for each owner about the sale of the share. Next, you need to send it by mail with a notification so that you can find out about the receipt of this document. Once this happens, you will need to wait for a response. If a person does not contact the seller within 30 days, then it will be possible to start looking for clients among strangers.

Some citizens resort to cunning when they are unable to sell their property in the usual way. They use a gift agreement because it does not require the consent or refusal of other owners. However, this is an illegal and dangerous route, due to which, first of all, the buyer may suffer.

If the interested party provides evidence of the transfer of money for the gift, then the contract will be canceled. After all, a gift is a gratuitous transaction, therefore, no profit should be made for it. With this outcome, the buyer may be left without money and without an apartment. There is also a minus for the owner - the need to pay 13% of the value of the share, unless he has issued a deed of gift to a close relative.

If other owners do not interfere, then the purchase and sale will be successful. The main thing is to fill out all the necessary documents and go through the required stages, and then you will be able to change the owner of the share.

What pitfalls can there be when buying a share in an apartment and how to formalize the deal correctly

Previously, for a share purchase and sale agreement concluded between the owners, notarization was not required. However, with the entry into force of the Federal Law “On State Registration of Real Estate” the situation has changed. Art. 24 of this law indicates that any transactions related to the alienation of a share in the right of common ownership of real estate must be notarized.

1. Indication of the apartment in which the share is purchased. You can use both the full address (city, street, house number, apartment number) and the cadastral number under which it is registered in the Unified State Register of Real Estate.
2. The size of the share in the right that is transferred under the agreement. It should be no more than what is registered with the seller. However, it is possible to sell part of your share, in which case the buyer will become a new co-owner of the apartment.
3. The price at which the share is sold and the payment procedure.

Risks when purchasing shared real estate

The purchase and sale of any real estate has its own risks, so people should be especially careful and vigilant. Otherwise, there is a chance of losing money or purchasing a problem apartment. In the case of a share, there are some unpleasant situations that the new owner may find himself in. Therefore, if possible, you should try to prevent them, so that later you don’t have to look for solutions to the problem.

It is important to find out before purchasing why part of the property is being sold. Of course, there are ordinary situations when a person no longer needs this property, perhaps he moves to another city or becomes the owner of another house. Then you can understand the desire to sell the share in order to get money for it.

It’s a completely different matter if the apartment is problematic, and the owners cannot agree for years on the rules of use, boundaries, and moving out. Therefore, one of them gets tired of the conflict and decides to get out of it, putting the buyer at risk. In such a situation, the appearance of a new person will only worsen the situation.

As a result, you will not be able to live peacefully in your unit due to constant conflicts with neighbors. Moreover, it may even turn out that the remaining owners simply will not let the new owner home. And even the police will not be able to help in such a situation, since they will consider that the conflict is of a civil nature. Another disadvantage is that human actions with real estate are significantly limited. For example, without consent, he will not be able to rent out space or even invite all his family members to live. The maximum that is possible is to use the property yourself and register your children there.

People are often tempted by the opportunity to purchase property at a low price, but they need to understand what problems buying a share can entail. It’s good if the other owners turn out to be pleasant and adequate people. But it’s a completely different matter if problems arise because of them, and in general you won’t be able to live peacefully.

That is why it is necessary to check not only documents before buying and selling, but also get to know your future neighbors. It is necessary to talk with them, discuss their attitude towards the appearance of a new owner and clarify other points of interest. Only then will it be possible to decide whether it is worth buying a specific part of the apartment or whether it is better to look for other options.

Buying a share in an apartment: necessary documents and pitfalls

If one of the parties takes part in a transaction by power of attorney, you need to find out from the notary who issued it whether this power of attorney was revoked a couple of days before the meeting with you. Illegal fraud in the real estate market is carried out quite often and this is one of the most common.

The difficulty is that it is impossible to verify that the notification was delivered to the recipient. Unscrupulous sellers often practice the following scheme: they send a notice addressed to the co-owner, and upon delivery they present it to the postal service employee as the recipient. The notice was both served and not served.

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We prepare a sales notice correctly

Notification of the upcoming sale of your interest is important. It is necessary to compose it correctly. If a lawyer or an experienced realtor is not involved in its preparation, the owner will have to take into account all legal requirements in the document himself.

Important! An incorrectly drafted notice may become a reason to challenge the actions of the seller.

So, in a letter to other shareholders you need:

• Notify about your desire to sell a share in the apartment. Offer another owner to purchase it;
• Indicate the full address of the location of the real estate;
• Specify the size of the share put up for sale;
• Indicate the full value of the alienated property in rubles.

Once the interested party receives the notice, he has 30 calendar days to purchase the property or abandon it.

Don't forget to tell the postal worker that you need:

• send a registered letter,
• create an inventory of the investment,
• additionally pay for notification of delivery of the letter to the addressee.

Compliance with these will allow you to prove that you communicated your intentions within the period established by law, the other party actually received the letter, and it contained a notice of sale.

Is it possible to circumvent the legal requirement for preemption?

This possibility exists - you can alienate your share through a gift agreement. In this case, the law allows the owner to disregard the wishes of neighbors and other co-owners. The method has negative sides.

The most unpleasant moment is that you can be left without a share in the apartment and without money. Registration will be carried out by a gift agreement, according to which the owner transfers property owned to another person free of charge. No one is immune from fraudsters, so the transfer of funds must be organized before registering the agreement with the Rosreestr authorities. But the buyer may not agree to such conditions - suddenly the owner changes his mind and disappears with the money.

The second point is the need to pay tax. Receiving a gift, even a share in an apartment, is income. This must be indicated in the annual declaration and a tax of 13% of the cadastral value of the acquired property must be paid. Payment of the fee can be avoided if the seller has owned his part for more than 3 years and gives it to a close relative. (For example, a mother gives her share to her child, a sister to her brother). If you alienate property from an uncle to a nephew in this way, you will have to pay a tax fee.

Risks that arise when purchasing a share in the ownership of an apartment

Additional expenses may be added to the main expenses: when obtaining a written consent of the spouse for the purchase of housing (for legal work you will have to pay 500 rubles , fees for technical work vary and can range from 500 to 1500 rubles ) or when contacting a legal service for advice or registration contract and checking the seller’s title documents.

If a share is purchased for living, it is worth clarifying with whom you will have to live in the same apartment, even if the seller claims that the co-owners live in a separate area, there is a risk that you will have to live in a tense psychological environment with extremely unpleasant neighbors.