House for two owners: project for dividing the house, design nuances

How to divide a house into 2 owners

However, even without formalizing the division, any property may well be in shared ownership or co-ownership. This means that it can be legally divided. But you need to act consistently, strictly following the instructions:

1. First, legal advice.
2. Then complete the necessary documents.
3. Afterwards, the allocation of the share of each of the owners in a specific amount.
4. Then approval of the project (for 2 inputs).

The land on which the house is located is not touched - the actual division of the plot will take place according to the “scenario” of dividing the house.

When is permission not required?

Not in all cases it is necessary to obtain permission to demolish a dilapidated house. Sometimes it is possible to reconstruct a building without contacting the administration (Clause 8, Article 55.30 of the Civil Code of the Russian Federation).

In what cases can you do without permission to demolish a house:

1. Demolition of a dilapidated building while preserving the foundation . A common situation: the owner destroys a dilapidated house and erects a new building in its place. It is quite acceptable to do without permission from the authorities. To do this, you can frame the process not as demolition, but as a “overhaul” or “reconstruction” of the house. True, the new area should not be larger than the old one. Exceeding the “squares” will have to be registered in the BTI.
2. Demolition of part of the house . It also does not require permission, but on the condition that the new rebuilt part will be similar in size.
3. There is no cadastral registration . It happens that a dilapidated house is not registered in the Rosreestr database. Instead of a demolition permit, you need to notify the BTI, and then issue a technical certificate when building a new house.

Objects recognized as an architectural monument, historical heritage and cultural value stand apart. They are under the protection and protection of the state. The demolition of dilapidated houses with historical value is prohibited by law (clause 13 of article 18 - Federal Law No. 73-FZ of June 25, 2002).

Example:

Brother Yuri and sister Olga received an inheritance from their grandmother. She bequeathed to them an old, dilapidated residential building with a total area of ​​120 square meters. meters. The windows were broken, there were gaps between the boards, the roof was leaky and needed repairs. The heirs assessed that there was no point in reconstructing the residential building. It’s easier to demolish it and build a new one in its place. Yuri and Olga turned to a local developer for advice. They were offered several options for constructing a new building, including a cottage of similar size while maintaining the current foundation. The developer’s representative advised us to frame the process as “reconstruction.” The brother and sister took out a mortgage, entered into an agreement with the company and began building a new house. Before this, the dilapidated building was demolished as uninhabitable. No permission from the municipality was required.

Legal side of the matter

Any real estate can belong to several owners at once. This is a legal fact. But when arranging separate entrances of one building, it is shared rather than joint ownership that is considered.
Otherwise the project will not be approved. Quite often, a house is divided between two owners by ex-spouses after a divorce. This is how they distribute property acquired during marriage. And this is the most common example when a property has 2 owners.

The Family Code of the Russian Federation provides that ex-husband and wife divide property strictly equally, unless, of course, they provide otherwise in a marriage contract or simply a personal agreement. That is, in the “classic” version, each of the former spouses gets exactly half of the house and, accordingly, half of the land plot under this house. At the same time, real estate objects do not end their existence; they still retain the same address and cadastral numbers.

Important: if a house has 2 owners (regardless of the reasons), each of them is issued a separate certificate of ownership of the house. And a separate certificate of ownership of the land under this house.

First: choosing a demolition method

There are several ways to demolish a building. The use of explosives is used in the case of high-rise, multi-story buildings. Here, of course, you need to contact a specialized organization, which will calculate how much explosives will be needed for demolition, and also correctly plan its placement so that the subsequent destruction process is controlled.

Residential buildings, such as houses, are most often demolished using the traditional method using heavy equipment. Here, undoubtedly, an excavator, a backhoe loader, pneumatic hammers and jackhammers will be in demand. Small buildings on the site: attics, verandas, gazebos, garages, sheds, etc. dismantled manually using electric and gas-powered tools. This method is used when it is impossible to use heavy equipment, limited space, or impossibility of access.

Difficulties of natural division of the house

The Civil Code of the Russian Federation establishes standards for determining the share of each owner of a particular property. And being divided by law, such shares must be documented. In the future, this approach guarantees any of the owners (more precisely, co-owners) the right to independently and at their own discretion dispose of their share in real estate.

But this is theoretical, and in theory everything is simpler than in practice. After all, members of the same family (or former members of the same family, which is even worse) often find themselves in the status of “co-owners”. And there may be conflicts between them that cannot be resolved peacefully, no matter how hard you try.

In addition, any division of property entails certain administrative consequences. As noted above, such property has one address and one cadastral number. How can “sworn” neighbors resolve issues of, say, registering new residents, major repairs and repairs of communications, planning and redevelopment? Through more and more new conflicts and disputes?

To avoid this state of affairs, many seek to register their own share in real estate as a real premises, and this can be done:

• by concluding a special agreement on the exploitation of a residential building and the land underneath it;
• or by allocating a share in the house and land in kind.

Important: each of the above options has its own pros and cons. But most importantly, they cannot always be translated into reality.

Second: ensuring the safety of the demolition site

Delivery of equipment to the work site

For safe mechanical or manual dismantling of the building, the work area must be properly fenced. Information boards will be required. It is also necessary to use fencing tapes and temporary fences at the work site so that strangers do not have access to the danger zone. Proper demolition is not just a technical issue. It is equally important to maintain safety. We often hear about accidents caused by numerous violations in this regard. complies with all requirements and regulations in the field of ensuring the safety of dismantling work

Weather

It is important that demolition work is not carried out in strong winds. Then there is a danger that the building will collapse. When its speed exceeds 10-12 m/s, we immediately stop the demolition. We also ensure that employees do not remain on the lower floors of the building while working. If something spontaneously collapses during the demolition process, it could pose a danger to them. We also make sure that parts of the building that are being destroyed are regularly removed using gutters. Then there will be no debris either on the roof or on the ceilings of the next floors. Since the dismantled structure loses the strength inherent in the design, and the presence of parts of the house being destroyed can lead to uncontrolled destruction

Employee safety

Our demolition workers wear personal protective equipment. If the air is very dusty in the place where demolition is taking place, protective glasses and respirators are used. Everyone must use protective gloves. They protect your hands from possible injuries. Workers performing work at a height of 3 m or more, on the roof or walls of a building, use safety ropes and seat belts.

Organization and management

Each dismantling and demolition site has its own demolition engineer (foreman). From the moment demolition begins, the foreman keeps a log of demolition and dismantling work. He is also responsible for the placement of fencing and must ensure that the area where work is being carried out is properly protected from bystanders, animals and vehicles.

What to do after demolishing a house

After the demolition of the building, you need to invite a cadastral engineer to draw up a house inspection report. Based on this document, a note about the cancellation of the house is made in the technical passport. Next, the owner needs to submit an application to the local branch of the Federal Service for State Registration, Cadastre and Cartography (Gosreestr) to exclude the house from the Unified State Register of Real Estate. The application must be accompanied by a house inspection report, certified by the signature of a cadastral engineer, and a passport of the owner of the building. Now the demolition of the house is legally documented and a new one can be built in its place.

There will be no questions about the new house from the local administration if the old one is demolished correctly

Dismantling half of an old log house

Question:

Help with advice. We live in a 2-apartment wooden house. The house is already old, well, not exactly a wreck, but 40-50 years old. Half of the house is now uninhabited and the village administration allowed us to dismantle it, otherwise it turns into a garbage dump (whoever wants to, climbs in). We started to dismantle the upper beams from the roof on our side, they moved a little away from the wall by 10 cm, but we didn’t notice it at the time, we sealed everything inside, missed it, and for about 10 years there has been no more progress.

We are advised to make a screed, but won't this lead to the opposite effect? There are plastic windows, well, slanted openings of course, but they stand firmly, what if you touch them and everything starts to crawl? And I also want to know if it is possible to cut an opening for a window in the wall shared with the neighbor’s half? And what's the best way to do it? Otherwise, the wall overlooks the road and the garden, I need to see everything.

Ksenia, Khabarovsk region, Nikolaevsky district, village. Red.

Answer:

Hello, Ksenia from Krasnoye!

In cases like yours, there are no clear recommendations and each time you have to approach the solution of the problem according to the circumstances, showing ingenuity and a considerable amount of imagination.

The basic principle that should be observed is “Do no harm!” So that it doesn’t happen that when you start to disassemble the house, or rather half of it, it will begin to warp, deform, even to the point of some parts collapsing.

Therefore, the first step is to inspect all supporting structures, the impact of which can lead to bad consequences.

It often happens that log houses are a single solid structure only when assembled as a whole, and if you remove one wall from it, the second one will begin to fall apart.

Between yours and the other half of the house there must be a strong load-bearing wall installed on a solid foundation. Then it will be possible to separate the second non-residential half by sawing off, disassembling and removing piece by piece all the elements of this half.

But the most important thing in all this is to maintain the rafter system of the house without changes, and since it was made uniform for the entire house, this is the great difficulty of the reconstruction. The separation of the second half can be associated with big problems.

Without a thorough inspection of your house, it is difficult for me to give any recommendations, but those people who advise you to make a screed, as I understand it, are most likely right. But in each specific case this is done, as mentioned above, in accordance with the existing design of the building.

After which, obviously, a pitched roof with its own autonomous separate roof is made over your half, and the second part over the disassembled half is removed in such a way that the rafter system above yours is not disturbed. The attic partition is made of boards and it faces the outside of the street.

Installing a window in a wall, which will turn from internal to external, in most cases does not pose an insoluble problem. If the wall is log or frame, then they either cut it out or take out a section of it, frame it with a frame of boards or timber, and install a window block of the appropriate size. If you have never done such reconstructions, and apparently this is the case, then without the reconstruction work of a knowledgeable builder and his assistants, it is hardly worth getting down to business.

There is another option for the future fate of your house, when the second half of it is completely preserved, the door and window openings are sealed with wooden, or better yet, metal shields to prevent unwanted guests from entering, and the fence on this side is strengthened. And then they drive everyone away either with sticks or with the barking of a dog whose booth is placed nearby.

So see for yourself what suits you best.

In any case - good luck!

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Construction in Moscow and Moscow region

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• House made of sleepers
• How to cover a log house on screw piles with bricks
• How to strengthen the motherboard in a log house
• Birch log house
• Sauna log - pine or aspen
• The lower crowns of a larch frame as a plinth
• Adjusting anchors for shrinkage of the log house
• How to properly assemble a log house
• Octagonal timber frame
• Is a fifth wall needed in a log house?
• An alternative to dowels when assembling a log house
• Problems after shrinkage of the log house
• What to make partitions from in a log house
• Tongue-and-groove slabs as walls in a log house
• Insulation of the log house inside
• How to strengthen floor joists in a timber frame
• Log houses in Kolomna
• House made of timber or frame house
• Insulation of a log house from the inside
• Work plan after shrinkage of the log house
• Squeezed logs out of the log house
• Where to start after installing a log bathhouse
• Rounded log with Finnish profile
• The timber frame is spreading
• How to align the geometry of a log house
• Large gaps between logs

Construction in Moscow and Moscow region

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• Are dowels needed for profiled timber?
• Is it worth overpaying for profiled timber?
• Repairing the corners of a log house
• How to cover an unfinished log house for the winter
• The beam bends out of the log house
• Construction of a log house in the rain
• Processing and insulation of external walls of a log house made of timber
• How far can the outer ends of the logs be trimmed?
• Ceiling beams 7.5 m in a house made of timber
• How to attach a room attached to a house
• Technology for assembling a log house from timber
• Waterproofing log walls outside
• Replacement of the lower crown of an old house
• Interior finishing of the corners of the log house in the paw
• Dry brown rot in log timber
• Shrinkage of timber frame
• Roof on only installed log house
• How to fill the gaps between the log house and the outbuilding
• When to install a log house for a house
• How far can the ends of logs be trimmed?
• When should a log house be treated with impregnation?
• Cutting the end corners of the log house
• Leveling timber in a log house
• Protection of the log frame from the outside
• Replacing log walls with stone
• How to seal the gaps between the foundation and the log house
• How to cover a timber house
• How and with what to seal the gap between the foundation and the log house
• Bark on logs - to remove or not?
• Sandwich panel or log house?
• Preservation of log wood
• How to change the lower crown
• Settlement of a log house made of laminated veneer lumber
• Log house repair
• What kind of foundation is needed for a log house made of 9 by 12 m timber?
• How much timber is needed for a log house 9 by 12 meters
• Foundation for a log house with chopped gables
• When to put a roof on a log house
• How to seal cracks in a timber frame
• Log house on the spring
• Preparing a log house for winter
• Oak backing for the lower crown of the log house
• Log house repair
• Photo of a chopped log house

Log houses and their maintenance

All questions to Semenych about construction

Semenych (author of materials)

Our site is regularly updated with interesting and unique materials and articles on the topics of lumber, building materials and works, the author's opinion and knowledge of a real coven with more than 15 years of experience are provided. There is a section - funny stories of shabashniks. If you would like to receive information about this, subscribe to our website's newsletter. We guarantee that your address will not be shared with third parties.

Apartment renovation in Moscow and Moscow region

We work with a guarantee!
Wide range of repair work. Professional craftsmen.

+7 (905) 797-20-34

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