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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 purchase right from neighbors.
This refers only to the neighbors who own the other rooms.
In the event that the right of priority purchase has been violated, the transaction can be declared invalid 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. A separate complication is presented by cases when among the owners there are minor children or spouses who are married at the time of acquiring housing, or one of the owners has died, and the heirs have not yet entered into ownership. In such a situation, you should seek advice from an experienced realtor and lawyer.
It is imperative to check the legality of ownership of real estate and the circumstances under which it was acquired. It is important for a dorm room that it be privatized before the sale, and for a room in a communal apartment it should be purchased at least 3 years ago (general statute of limitations).
Procedure
Step-by-step instructions on how to buy a room in a communal apartment or dorm:
- Inspection of the room, acquaintance with neighbors.
- Verification of documents and their authenticity.
- Refusals from neighbors.
- Conclusion of a sales contract.
- Registration of the transaction.
- Signing of the acceptance certificate, handover of keys.
Inspection and acquaintance with neighbors
How to check the authenticity of papers?
If you have doubts about the authenticity of the documents provided by the seller, you need 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 drug addiction clinic.
And an appeal to the Unified State Register of Real Estate (USRN) will make sure that the seller really is the owner of the property. It is enough to order the corresponding certificate from this institution. The seller must provide all documents from the list in original before the transaction. 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 will be required from the buyer?
For family citizens need passports of all family members over 14 years old, certificates of birth of children and marriage.
In the event that the buyer attracts borrowed funds, a mortgage lending agreement, certificates or subsidies will be required.
They must be presented before concluding a preliminary contract for the purchase of real estate.
Neighbor rejections
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, it is possible to sell the living space to a third party only when none of the neighbors expresses a desire to purchase it. There are 2 ways to get refused by neighbors:
- Send out registered sales letters. The notification must indicate the characteristics and address of the property, the price and terms of sale, as well as the settlement procedure. If, after 30 days, none of the owners wants to redeem the room, their actions will be equated to a refusal. If there are non-privatized rooms in a communal apartment, before the sale, you should send an information letter to the city municipal property management body.
- Contact the owner with a notary to draw up a written waiver of the priority purchase right. This method is faster, however, it requires the direct participation of neighbors, which is not always possible.
Conclusion of a contract
The signing of the sales contract for the room takes place in the presence of a notary and is subject to mandatory state registration. The 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 document when buying an apartment, however, it must necessarily indicate the size of the alienated share and confirmation of the fact that the owners of the apartment have refused the preemptive right to purchase.
Trade registration
After signing the purchase and sale agreement, it is necessary to register the documents with Rosreestr. For this, a set of documents is submitted to the MFC:
- copy of the buyer's passport;
- the original of the seller's title deed;
- original sales contract (2 copies);
- receipt of 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 USRRconfirming ownership.
Signing the deed and handing over the keys
The final stage of the real estate transaction is the signing of the acceptance certificate for the 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 make sure that the room is in good condition.
How to sell non-privatized housing?
According to the rules of the sale and purchase 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, you must register ownership.
How to properly sell a non-privatized room in a communal apartment or dorm? The first thing to start with selling square meters in a communal apartment or hostel is to contact the State Services portal and conclude a social rent agreement. On its basis, you can apply for privatization. Only the living space belonging to the municipality and having the status of "residential" is subject to privatization. After receiving the title documents, the owner has the right to make any transactions with housing.
Dorm sale
When it comes to 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 used as intended.
The room can be sold as part of a shared property 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 dormitory). In this case, refusals from neighbors are not needed.
The list of documents for buying a dorm room includes:
- an agreement on the registration of a room in ownership (a privatization agreement);
- title papers (certificate or extract from the USRN);
- technical documentation (technical passport and cadastral passport);
- an 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 when buying and selling, donating or changing housing.
Risks and pitfalls
When buying a room in a communal apartment 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 in terms of its requirements and consistency is almost identical 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, the Housing Code of the Russian Federation has a way out. For example, you can sell a room on the terms that after that it will not become private property, but will remain on the balance sheet of the municipal authority.
To complete the transaction, you will need pre-prepared documents and an agreement. However, before that, it is important that the current owner of the dorm room draws up a social employment agreement with the municipality, which will serve as the basis for the issuance of a certificate of title in Rosreestr. Only after this certificate is in the hands of the owner can we talk about the conclusion of any transactions.
Where does the design begin
Russian legislation states that the exercise of one's right to, which is obligatory in most cases for its sale, is possible if:
- The hostel is 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 exclusively for its intended purpose.
If all three of the above conditions are met, an individual must contact the municipality directly and conclude a social employment contract with it, 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 is not possible, the issue can be resolved only through the court. To do this, you will need to file a statement of claim and attach the following documents to it:
- Technical plan and passport;
- Certificate from the Unified State Register of Legal Entities confirming the grounds for privatization.
Upon satisfaction of the statement of claim, the municipal authority will not be able to contradict the court decision and has no right to disobey.
Preliminary preparation
A dorm room sale requires the seller to have a binding package of papers ready in advance.
Documents for the transaction:
All of the listed papers should be obtained deliberately, since each of them takes from five to thirty days to complete. Only after the package of documents has been collected, you can start looking for a buyer. In addition, one should not lose sight of the fact that some papers have a limited validity period, in particular, an extract from the house book, 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 the property for sale to potential buyers is best during the day, when neighbors are at work. The calmer the environment, the better.
When agreeing with the buyer on the price of the room, it is important to understand that the amount entered into the contract does not change after signing it. In addition, you should not indicate an amount less than the parties actually agreed. Such a move reduces the tax for the seller, but in the event of conflicts that the sold object can cause, the problem will only worsen.
What the seller needs to consider
A few more nuances of the procedure for selling a room in a hostel can be noted, namely:
Of course, each individual case will have its own characteristics. Sometimes it can be extremely difficult to cope with them on your own without having experience in selling real estate. In this case, you should 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 it possible to sell the room in any way without notifying the 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 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 completely gifted citizen, having received his consent and not caring about receiving a refusal from other owners.
This way of "bypassing the law" is rather risky - co-owner neighbors can go to court for recognition of the donation transaction as sham, that is, carried out in order to cover up another transaction - sale. If the court recognizes the gift agreement as fictitious, the transaction on the basis of Articles 166, 167 and 170 of the Civil Code of the Russian Federation will be considered null and void, which may lead to the recognition of the sale and purchase agreement as invalid.
The material was prepared with the assistance of Marina Emelyantseva, a lawyer at Delovoy Fairvater, Olesya Spiricheva, a lawyer at Borodin & Partners, Tamaz Mstoyan, a lawyer at Leontyev & Partners, and a managing partner of Starinsky, Korchago and Partners, Vladimir Starinsky.
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 real estate object, a certificate from the management organization about the absence of debts for utility bills, evidence of notification of the owners of other rooms in the communal apartment about their 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 have the right to submit documents for registration of ownership at the MFC themselves. If you do this through a notary, then you need to be ready to pay about 5 thousand rubles, not counting the fee.
Is it obligatory to go to a notary when making a transaction?
Another important nuance is that due to 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, the notice of other owners can be sent through a notary. If during a certain period the notary does not receive any answers from the owners of other rooms, a purchase and sale agreement is concluded with an "outsider" person (not another owner), certified and submitted for registration. The title deed is drawn up 3-4 days after submission. In Moscow, notary services, including state fees, can cost 25 thousand 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 an apartment, who have the right of preferential purchase of a room. The fact is that a communal apartment is always in common share ownership. These shares are determined, since each has its own room. Common areas are considered the common property of all co-owners and are not subject to division between them.
So, in the event 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 notification, to either refuse or buy a living space.
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 to purchase from other co-owners.
Another fundamentally 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 says nothing about selling at a high price.
The difference between a hostel and a communal apartment is that the hostel assumes only temporary residence. The privatization of such housing became available in 2007, when it was allowed to receive ownership and dispose of. The procedure for buying a room in a dormitory 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 to the social lease agreement, first it must be privatized. The buyer needs to ask the seller to provide confirmation, which is an extract from the USRR.
