Refusal to purchase a room in a communal apartment (sample)

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Rooms in communal apartments are actively bought and sold due to the fact that they are a fairly cheap type of housing, although not the most comfortable. However, such transactions have their own characteristics, including, in particular, the pre-emptive right to purchase such an apartment from neighbors. If the purchase is not planned, the seller will ask for a waiver of the purchase. Let's take a closer look at why it is needed, how to compose it, and what the consequences may be if it is not given.

Why you might need to refuse to buy a room in a communal apartment

A communal apartment is in shared ownership of all residents. Each of the premises is dedicated and has its own entrance, as well as a significant part of the communications necessary for a relatively comfortable life.

Thus, each of the neighbors in a communal apartment is essentially a co-owner of the entire apartment as a whole. This means that when selling any of the rooms (shares in the apartment), you first need to focus on the pre-emptive right to purchase this apartment.

This right allows neighbors to buy this property as a priority, regardless of what agreements were reached between the seller and the buyer. The only thing that must be observed in all cases is the terms of sale. Thus, the neighbor must be subject to the same conditions of sale as the potential buyer.

If the neighbors do not intend to purchase this property, the seller may ask (but not require) to write refusals to purchase the room on the basis of the pre-emptive right. This is necessary in order to close the deal as quickly as possible. However, neighbors are not required to provide such a document.

On the other hand, in order to maintain a good relationship with a person and, potentially, make friends with a new neighbor, it is still recommended to do this, especially since the refusal itself is not something difficult or dangerous, it only indicates the fact that the neighbor does not is going to buy the apartment in question in this case.

Is it possible to sell a room in an apartment

Can. Rooms in communal apartments are separate, dedicated real estate units. They have everything necessary for independent living. In particular, a separate entrance. In some cases, common areas are assumed, such as a kitchen and a toilet with a bathroom, but often all such necessary premises are available in separate rooms, albeit to an extremely minimal extent.

However, when buying and selling such a room, you need to take into account the preemptive right of other neighbors to purchase this room. For more information about it and the features of the sale, see below.

How to refuse to buy a room in a communal apartment

For the refusal to have legal force, everything must be done correctly, according to the instructions below.

Procedure

Receive notification from the seller that the room will be for sale. Without this document, the neighbor actually has no grounds for drawing up a refusal to purchase a home.
Draw up a refusal. This can be done independently or with the help of a notary.
Contact any suitable notary and have the document notarized.
Provide a refusal to the seller.

Documentation

To waive the right of first refusal to purchase a room in a communal apartment, you must provide the following documents:

Passport. Shows that the neighbor is indeed the person who was notified of the sale of the room.
Legal documents. They indicate that this neighbor is indeed a co-owner of the apartment.
Extract from the Unified State Register of Real Estate. Confirms that as of the time of drawing up the refusal, the neighbor is still a co-owner of the property.

Expenses

The only type of expense in this case will be payment for notary services for certification of the refusal. The amount varies widely depending on the region of residence. The minimum level is about 1 thousand rubles. Most often: 2 thousand rubles and more.

Considering the fact that it is not they who need the neighbors’ refusal, but the seller, it would be logical to demand this money from him in order to pay for the services. Most often, they make it even simpler: the seller and his neighbor go together to the notary, where the seller pays for certification of the document and immediately takes the completed papers.

The preemptive right to purchase is the right of each of the participants in common ownership to have a preferential right over outsiders to acquire a share, which is sold by one of the participants at a set price on equal terms.

If the owner of the shares decided to sell his share to a specific member of the company, then even if two or more holders of common shared ownership expressed a desire to exercise the preemptive right to purchase shares, the seller can independently choose the buyer of the share. But, if a person has not been selected in advance, and there are several interested parties, then the seller enters into contracts with each of them, and the sold share is divided among all buyers in proportion to their participation in the authorized capital. With such a distribution of shares, assignment of rights of first refusal is not permitted.

Registration of the pre-emptive right to purchase shares, real estate and other property and the waiver of pre-emptive rights are regulated by Article 250 of the Civil Code of the Russian Federation.

Preemptive right to purchase real estate: land, room, apartment and other property

Before selling his share to an outsider, the seller must not only notify other participants in the common property of his intention to sell the share, but also indicate the price and other conditions of sale. The transfer of a share to another person (buyer) can be carried out only after a documented refusal of the other participants from the purchase, as well as if within one month none of the participants buys the sold share in the ownership of real estate and within ten days for movable property .

If the sale of a share is carried out in violation of the right of first refusal, any participant in the common property may, within three months, legally demand the transfer of the rights and obligations of the buyer to him. At the same time, the right of first refusal does not allow assignment to another person.

As mentioned above, the seller can sell a property that is in shared ownership only after receiving a waiver of the right of first refusal.

Waiver of the right of first refusal - consent to sale

The presence of such a waiver will allow participants to sell shares to ordinary buyers who are not co-owners of the common property. To obtain a waiver of the priority right to purchase, the owner of a share of the common property is sent a notice by registered mail with a notarized notification. Failure to respond to a letter within one month is automatically recognized as a waiver of the right of first refusal. In this case, the seller receives a notarized certificate of lack of response from the addressee, which is considered as a refusal of the right to purchase.

Also, in order to carry out state registration of rights and obtain refusals, it is possible to gather co-owners of property together to submit applications, but in practice it is rarely possible to organize a meeting of all participants who, as a rule, are not interested in promptly concluding a transaction for the sale and purchase of a share.

Peculiarities of notarization of the pre-emptive right to purchase a share

To obtain a waiver of the right of first refusal in notarial form, you must:

personal presence of the co-owner of the property that needs to be sold;
documents confirming ownership of the property being sold;
identification document (passport).

Registration of the pre-emptive right to purchase provides for the issuance of waivers of the pre-emptive right to purchase a share of the property, the originals of which must be with the owners. They, in turn, can use them in court in case of disputes.

Waiver validity period

The refusal, as such, does not have a specific validity period. It concerns a clearly defined situation. It is impossible, for example, on the basis of one refusal to sell a completely different room, and not the one that was originally intended. Thus, the refusal is a one-time document, relevant only in certain conditions and for an extremely limited period of time.

By law, a potential neighbor buyer has exactly 30 days from the date of receipt of notification of the sale of the room. This period can be considered as the validity period of the refusal.

Waiting period for refusal

The owner who sells the premises is obliged to notify other residents of his decision. After this, he must wait until those living in the apartment give their written answers. Each resident has exactly thirty days to review the papers. If no response is received for the current period, this is automatically considered a refusal to repurchase the share.

In the case when all actions of the owner go through a notary, the owner can receive a certificate of sending letters to other residents. To obtain documents of this type, you must prepare:

copies of sent letters;
receipts taken from the post office that confirm the sending of these letters.

Interesting! If you have a certificate issued by a notary office, you can sell property without fear of litigation.

What happens if you don’t write a refusal and don’t buy a room?

It's OK. As mentioned above, the neighbor has exactly 30 days to write a refusal. If he does not do this, then he simply loses his pre-emptive right to purchase this room. The seller will be able to sell it without any refusals, but in such a situation he will have to wait all these 30 days, which is not always convenient. That is why most sellers ask to write a refusal in advance.

Buying and selling housing that is in shared ownership is a rather complex and risky procedure that can lead to numerous problems. At a free consultation, experienced lawyers will talk about the most common controversial issues. They can also accompany the transaction, thereby eliminating almost all potential problems.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Links to the law

If the housing is registered in the name of several owners who jointly own the property in shares, the priority right to purchase, if one of the owners decides to sell his part, belongs to the other owners.

Before looking for a buyer on the side, the seller is obliged to offer the living space he owns for purchase to other co-owners. If a buyer is found on the side, it is necessary to agree on the upcoming transaction with the others and document the fact of refusal to annex another part of the property to your own. This norm is specified in the Civil Code, namely in Article 250.

An important nuance for the successful approval of the transaction is that the purchase must take place on the same terms that were offered to the other owners. And if the sale parameters change, the upcoming transaction will have to be agreed upon again.

In addition to the obligation to comply with the requirement for approval of the transaction specified in the Civil Code of the Russian Federation, the remaining conditions for the procedure comply with the standard requirements for the transfer of property to a new owner, in accordance with the norms of the Family and Housing Code.

Is it possible to sell a room in a communal apartment?

To fully dispose of real estate, it is necessary to obtain appropriate ownership rights. It is impossible to sell a non-privatized room, since a different owner (municipality) is indicated in the Unified State Register of Real Estate (USRN) database.

After completing the procedure for transferring state property (privatization), the new owner has the right to sell the living space at the market price.

Significant differences from similar transactions with apartments:

mandatory notarization;
the need for neighbors' consent to sell.

The remaining actions follow the standard rules:

real estate is freed from debt obligations and other encumbrances;
obtain the permission of the spouse when selling jointly acquired property;
coordinate the alienation with the guardianship authorities (CCA), if the room completely (partially) belongs to a minor child.

Documents are prepared in advance to complete the transaction. A detailed list is provided below. In any case, the status of the title agreements is checked. If necessary, worn-out originals are restored using samples from the archive departments.