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The procedure for buying a room is more complicated than buying an apartment and has a fundamental difference - the need to waive the priority right to purchase from neighbors.
Only neighbors who own other rooms are meant.
If the right of first refusal has been violated, the transaction may be invalidated within 3 months from the date of registration.
You should also pay attention to the fact that the sale takes into account the interests of all homeowners and persons registered in it. Of particular difficulty are cases where among the owners there are minor children or spouses who are married at the time of purchase of housing, or one of the owners has died, and the heirs have not yet entered into ownership. In such a situation, you should seek the advice of an experienced realtor and lawyer.
Be sure to check the legality of property ownership and under what circumstances it was acquired. For a room in a hostel, it is important that it be privatized before the sale, and for a room in a communal apartment, it must be purchased at least 3 years ago ( general term statute of limitations).
Procedure
Step-by-step instructions on how to buy a room in a communal apartment or hostel:
- Inspection of the room, acquaintance with the neighbors.
- Checking documents and their authenticity.
- Refusal of neighbors.
- Conclusion of a contract of sale.
- Deal registration.
- Signing the act of acceptance and transfer, handing over the keys.
Explore and meet neighbors
How to check the authenticity of papers?
If there are doubts about the authenticity of the documents provided by the seller, it is necessary to check them. For confirmation of passport data, you should contact the regional police department. In case of suspicion of the owner's sanity, you should ask him for a certificate from the neuropsychiatric and narcological dispensary.
And applying to the Unified State Register of Real Estate (EGRN) will make sure that the seller is really the owner of the home. It is enough to order the appropriate certificate from this institution. The seller must provide all documents from the list before the transaction in the original. In the absence of the original of any of the documents, a certified copy will do (except for the passport and title documents).
What documents are required from the buyer?
For family citizens passports of all family members over 14 years old are required, birth certificates of children and marriage.
In the case when the buyer attracts borrowed funds, you will need a mortgage loan agreement, certificates or subsidies.
They must be presented before the conclusion of a preliminary contract for the purchase of real estate.
Refusals of neighbors
In accordance with the requirement of the Civil Code of the Russian Federation, co-owners in a communal apartment have a pre-emptive right to purchase.
That is, you can sell living space to a third party only when none of the neighbors express a desire to purchase it. There are 2 ways to get a refusal from neighbors:
- Send registered letters with a notice of sale. The notice must include the characteristics and address of the property, the price and terms of sale, and the payment procedure. If, after 30 days, none of the owners wants to buy the room, their actions will be equated to a refusal. If there are non-privatized rooms in a communal apartment, you should send information mail to the municipal property management body.
- Contact a notary with the owner for a written waiver of the priority right to purchase. This method is faster, however, it requires the direct participation of neighbors, which is not always possible.
Conclusion of an agreement
The signing of the contract of sale of the room takes place in the presence of a notary and is subject to mandatory state registration. Documents are drawn up in 3 copies: for the seller, for the buyer, and one copy remains with the notary. In general, the document does not differ from a similar one when buying an apartment, however, it must necessarily indicate the size of the alienated share and confirmation of the fact that the co-owners of the apartment have refused the pre-emptive right to purchase.
Deal registration
After signing the contract of sale, it is necessary to register the documents with Rosreestr. To do this, a set of documents is submitted to the MFC:
- a copy of the buyer's passport;
- the original title document of the seller;
- original contract of sale (2 copies);
- receipt for payment of state duty.
After 7 days from the date of application, the new owner of the property will be called to obtain an extract from the USRR confirming ownership.
Signing the act and handing over the keys
The final stage of the real estate transaction is the signing of the act of acceptance and transfer of living space and the transfer of the keys to the new owner.
Before signing the document, you should make sure that all agreements are observed and that the room is in proper condition.
How to sell non-privatized housing?
According to the rules of the purchase and sale transaction, a non-privatized room in a communal apartment cannot be sold or bought. With the consent of local governments, such living space can only be exchanged for a similar one. To carry out financial transactions with real estate, it is necessary to formalize the right of ownership.
How to sell a non-privatized room in a communal apartment or hostel? The first thing you should start selling square meters in a communal apartment or hostel is to contact the State Services portal, you should conclude a social lease agreement. Based on it, you can apply for privatization. Only housing owned by the municipality and having the status of "residential" is subject to privatization. After receiving title documents, the owner has the right to make any transactions with housing.
Sale in the hostel
When we are talking about selling a dorm room, you need to make sure that:
- the premises were at first the property of the state;
- the room was privatized on the basis of a lease;
- the premises have the status of "residential" and are operated for their intended purpose.
The room can be sold as part of a common fractional ownership or as an independent living space. In the first case, the procedure for buying and selling will be the same as for a room in a communal apartment. In the second, it is a separate property located in an apartment building (former hostel). In this case, neighbor failures are not needed.
The list of documents for buying a dorm room includes:
- an agreement on the registration of a room in the property (privatization agreement);
- title papers (certificate or extract from the USRN);
- technical documentation (registration certificate and cadastral passport);
- extract from the house book and refusals of neighbors (if the property is shared).
Participation of a notary in the transaction
Since 2016, all transactions with real estate in shared ownership require mandatory certification by a notary. Without this, Rosreestr will not register the operation.
This innovation is designed to exclude illegal schemes for the sale, donation or exchange of housing.
Risks and pitfalls
When buying a room in a communal or hostel, you need to be aware of the possible "pitfalls":
Thus, the procedure for buying and selling a room has its own characteristics and "pitfalls", knowing which you can save time and money.
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Selling a dorm room is virtually identical in terms of requirements and sequence to any other home sale transaction. However, just like any other object, the design is not devoid of some individual nuances, knowing about which you can sell a room not only quickly, but also as profitably as possible.
The first thing to note when answering the question of how to sell a room in a hostel is the fact that no transactions are possible with this living space if it is classified as a specialized fund. Moreover, even from such a situation in the Housing Code Russian Federation has an exit. For example, you can sell a room on the condition that after that it will not become private property, but will remain on the balance sheet of the municipal authority.
To complete the transaction, pre-prepared documents and an agreement will be required. However, before that, it is important that the current owner of the dormitory room draw up an agreement on social hiring with the municipality, which will serve as the basis for issuing a title certificate in Rosreestr. Only after this certificate is in the hands of the owner, we can talk about the conclusion of any transactions.
Where does the design start?
Russian law states that the exercise of one's right to, which is mandatory in most cases for its sale, is possible if:
- The hostel is listed on the balance sheet of the local municipal authority;
- The building was originally owned by the state;
- The operation of an immovable object is carried out solely for its intended purpose.
If all three of the above conditions are met to an individual it is necessary to apply directly to the municipality and conclude a social contract with them, if it has not been signed earlier. Next, the room needs to be privatized. In general, the procedure is identical to the standard privatization of any other immovable property.
If for some reason it fails, the issue can only be resolved through the courts. To do this, you will need to submit a claim and attach the following documents to it:
- Technical plan and passport;
- Certificate from the USRR confirming the grounds for privatization.
If the statement of claim is satisfied, the municipal body will not be able to contradict the court decision and has no right to disobey.
Preliminary preparation
A deal with the sale of a dorm room requires that the seller has a mandatory package of papers prepared in advance.
Documents for the transaction:
All of the listed papers should be obtained in advance, since the execution of each of them takes from five to thirty days. Only after the package of documents is collected, you can start looking for a buyer. In addition, do not lose sight of the fact that some papers have a limited validity period, in particular, an extract from the house register, which is valid for only a month from the date of its issuance.
In order to sell real estate as profitably as possible, it is important to prepare not only all the necessary documents, but also the living space itself for presentation to potential buyers:
Demonstrating to potential buyers the real estate for sale is best in the daytime, when the neighbors are at work. The calmer the environment, the better.
When negotiating with the buyer about the price of the room, it is important to understand that the amount paid into the contract does not change after it is signed. In addition, you should not indicate the amount less than the parties actually agreed. Such a move reduces the amount of tax for the seller, however, in the event of conflicts that the sold object can cause, the problem will only get worse.
What the seller needs to consider
There are a few more nuances of the procedure for selling a room in a hostel, namely:
Of course, each individual case will have its own characteristics. Sometimes it can be extremely difficult to cope with them on your own, having no experience in selling real estate. In this case, do not neglect the help of specialists. Their services are much cheaper than the risks that a person takes for the sake of unjustified savings.
Is there any way to sell the room without notifying the co-owners?
Since it is not always possible to notify the co-owners (for example, they live far away or their location is unknown), the practice of selling a room through a donation has developed: first, a donation agreement for a part of the room is drawn up, after which the owner sells the room to a previously fully gifted citizen, having received his consent and not caring about receiving refusal from other owners.
This way of "going around the law" is quite risky - neighbors-co-owners can go to court to recognize the donation transaction as sham, that is, carried out in order to cover up another transaction - the sale. If the donation agreement is recognized by the court as fictitious, the transaction on the basis of Articles 166, 167 and 170 of the Civil Code of the Russian Federation will be considered void, which may lead to the recognition of the sale and purchase agreement as invalid.
The material was prepared with the help of Marina Emelyantseva, lawyer at the Delovoy Farvater bureau, Olesya Spiricheva, lawyer at Borodin & Partners, Tamaz Mstoyan, lawyer at Leontiev & Partners, and Vladimir Starinsky, managing partner at Starinsky, Korchago & Partners.
What documents are needed to sell a room?
In order to sell his room, the seller needs to collect documents confirming the ownership of the room being sold, the technical passport of the property, a certificate from the managing organization that there are no outstanding utility bills, evidence of notification of the owners of other rooms in the communal apartment about the intention to sell the room.
Can I contact the MFC myself?
The certified contract is given by the notary to the buyer and seller, who are entitled to submit documents for registration of ownership in the MFC. If this is done through a notary, then you need to be prepared to pay about 5 thousand rubles, not counting the fee.
Is it necessary to go to a notary when making a transaction?
One more important nuance that in connection with new changes in legislation, which are designed to reduce cases of fraud in the market when selling shares, now all transactions for the sale of such areas go through a notary.
By the way, notification of other owners can be sent through a notary. If within a certain period the notary does not receive any responses from the owners of other rooms, a contract of sale is concluded with an "outside" person (not another owner), certified and submitted for registration. The document of ownership is issued 3-4 days after submission. In Moscow, notary services, including state duty, can cost 25,000 rubles.
What are the tricks or conditions when selling or buying a room in a communal apartment?
The main nuance here is the rights of third parties, other owners of rooms in the apartment, who have the right of first refusal to purchase the room. The fact is that a communal apartment is always in common shared ownership. These shares are defined, since each has its own room. Common areas are considered common property of all co-owners and are not subject to division between them.
So, in the case of a decision to sell his room, its owner must send a notice to other owners. This is a document that indicates the price, characteristics of the room, address. Other co-owners have the right, within 30 days after receiving the notice, to either refuse or buy housing.
If the term has expired, and none of the co-owners agreed to the purchase, then the owner has the right to sell it to any third party.
In the case of buying an apartment, it is better for the buyer to request notarized refusals from the purchase of other co-owners.
Another fundamental important point: the owner does not have the right to sell the room for less than the price that was announced to other owners in the notice. Otherwise, he is obliged to send a new notice to the co-owner indicating the new price. At the same time, the law does not say anything about selling for a high price.
The difference between a hostel and a communal apartment is that the hostel involves only temporary residence. Privatization of such housing became available in 2007, when it was allowed to receive ownership and disposal. The procedure for buying a room in a hostel is similar to purchasing housing in a communal apartment.
In both cases, it is important to understand that it will be possible to sell only the room that is owned, that is, privatized. Naturally, it is impossible to sell the area that belongs under a social lease agreement, first it must be privatized. The buyer also needs to ask the seller to provide confirmation, which is an extract from the USRR.
