Division of a real estate property and registration in Rosreestr in 2021

The division of real estate and registration in Rosreestr can be carried out by allocating shares to two or more owners, or by forming new objects. In the first case, the basis for division will be an agreement or agreement between the owners, or a court decision. The division and formation of new objects is carried out on the basis of the project, and as a result of construction work, isolated and separate premises should appear. Rosreestr can register shares or register newly formed objects for cadastral registration.

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Read in the article what conditions need to be met for the division of real estate and registration, how to go through mandatory approvals, what documents need to be prepared for Rosreestr.

Property division options

Real estate in Russia includes buildings and premises, unfinished construction projects, plots, and parking spaces. Rights to real estate may belong to one person or several owners. Taking into account the characteristics of real estate objects and their inextricable connection with the land, division can be carried out in the following ways:

• by redistributing shares between copyright holders, introducing changes to the Unified State Register of Real Estate regarding property rights;
• through the formation of new objects, while the original premises will lose their existence in kind;
• by dividing the plot into two or more new plots, and there are practically no restrictions on their area.

Any real estate object can be divided into shares, including a non-residential building, private house, apartment, premises. With the division into new objects, everything is more complicated. Firstly, an object can only be divided into something similar to itself. For example, a building cannot be divided into rooms, since these are objects of different types. Premises can be formed due to the internal volume of the building, but in a legal sense this is not a section. Secondly, based on the characteristics of the object, division in kind may be impossible. For example, it is almost impossible to divide a small one-room apartment in real life.

The division of premises in kind is carried out by creating two or more new objects. For this purpose, enclosing structures are erected, a separate exit is made, and other work is carried out.

Section with allocation of shares

If the object belongs to the right of joint ownership, the copyright holders can divide it at any time and allocate shares. This section option is possible:

• on the basis of an agreement between all copyright holders, after which the document is submitted for registration to Rosreestr;
• under the terms of agreements that provide for the division of real estate into shares (a typical example is a marriage contract, which comes into force upon the divorce of the owner spouses);
• on the basis of a judicial act that approved the division of shares for each owner.

In the listed cases, division into shares does not entail the formation of new objects. Shareholders will receive an extract from the Unified State Register of Real Estate confirming their rights and will use the common property of the property on equal terms. In rare cases, it is possible to actually divide the property in kind under the share of each owner.

Expert commentary. The division of real estate into shares is possible at any time at the request of each of the co-owners. To do this, you need to send a demand to all other owners and prepare a draft agreement. If it is not possible to agree on a division, you can file a claim in court. If you need to divide real estate to form shares, our company’s lawyers will provide assistance in preparing documents and completing procedures.

Section with the formation of new objects

For the division of real estate to form new objects, an agreement of the copyright holders and a judicial act will also be required. Such grounds are not needed if the objects are owned by one person who himself makes decisions about the fate and status of his property. For example, the owner can divide the property in order to sell one formed premises and use the second for his own needs.

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Here are a few important nuances to consider when dividing an object:

• it is necessary to determine whether a division under building regulations is possible. according to safety requirements, according to the type of facility (for example, dividing one building into two new ones is possible only in rare cases through reconstruction);
• in order to register newly formed objects with Rosreestr and register rights to them, it is necessary to observe the signs of isolation and isolation;
• division in kind is carried out through construction work, so the customer needs to receive a project and undergo mandatory approvals.

When construction work is completed, technical plans for each new facility must be submitted to Rosreestr. Based on these documents, records will be carried out with registration of rights. Naturally, data about the original object will be deleted from the Unified State Register and the cadastral number will be cancelled.

Expert commentary. Before starting construction work, you need to make sure that the division is technically and legally possible, and formalize a project for redevelopment or reconstruction. Our experts will conduct a preliminary examination and study the documentation for the property in order to determine the indicated opportunity and select an acceptable section option.

You can do without the actual division when renting out part of the premises. It is enough to describe it in the contract and technical terms.

Voluntary partition order

The parties come to the notary and enter into an agreement to divide the house into shares. Let us recall that the Family Code establishes that property purchased during marriage is divided between spouses in equal shares.

In order to conclude the said agreement, the parties must present the following documents to the notary:

• passports;
• documents confirming ownership of the house;
• certificate of divorce, or marriage certificate if the family union is still in force.

Next is a matter of technique: an agreement is concluded, and the parties are sent to the Rosreestr authorities in order to register ownership of the shares of the house.

How to properly conduct a section

Property can be divided with the consent of all copyright holders, and in its absence, on the basis of a court decision. If there is only one owner, he himself makes this decision. Note that if there are several owners, it is almost impossible to make a division exactly according to the size of the shares. Therefore, the owners of the original property will have to agree on the order of division. For example, a cash payment may be provided to compensate for the difference in the area of ​​the newly formed facility and the size of the share.

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How you can and cannot divide real estate

Division in kind is possible if it is possible to ensure isolation and separation of the objects being formed. These signs consist of the presence of a separate exit to the common areas of the building or directly to the street, and the fencing of the internal volume of the premises with structures. It is not possible to achieve compliance with these requirements for every object. Therefore, at the initial stage, experts and technicians. designers and engineers conduct surveys, study the possibility of division, its options.

There are a number of prohibitions and restrictions associated with certain types of objects and their mandatory characteristics. For example, when dividing apartments, it is necessary to ensure the minimum required living space and natural light standards, the availability of a kitchen and bathroom for each new property, and compliance with sanitary and hygienic requirements. Therefore, residential real estate can be divided only in exceptional cases, and without the consent of the housing inspectorate, this is generally impossible to do.

For each new premises after the division, a technical plan must be prepared. Based on this document, Rosreestr will register the property for cadastral registration.

What project should I order?

If the division of real estate is carried out by forming new objects, construction work can only be carried out according to project documentation. Depending on the list of upcoming work and the features of the object, you need to order the project:

• for reconstruction, if as a result of the work the main characteristics of the building will change (for example, if, when creating new premises, an extension is made, a new floor is erected);
• for redevelopment/reconstruction, since the formation of new objects is associated with a change in the configuration of the original premises, the transfer of plumbing equipment and utilities.

In the above two cases, the list of works and the requirements for their safety are significantly different. For example, it is almost impossible to carry out reconstruction without temporarily decommissioning the facility, and work can begin only after examination of the project and obtaining permission from the state construction supervision. Redevelopment, on the contrary, is carried out within one room or with a partial impact on the common property of the apartment building, load-bearing structures and external walls of the building. Therefore, it is easier to coordinate such work.

Approvals, construction work

To be divided during reconstruction, the project must be sent for examination. After receiving a positive expert opinion, you must contact the state construction supervision office and obtain permission for construction work. After completion of the work, the same department issues a permit for import into operation. Additional approvals may be required with resource supply organizations and other departments.

When remodeling, the approval section may require:

• with the owners of apartment buildings, since it is necessary to carry out work on common property, to provide separate exits from each new object;
• with the housing inspection, if the division is carried out in an apartment building;
• with the SES, if you need to confirm compliance with sanitary, epidemiological and hygienic standards.

Approvals may require documents from the BTI (technical passport, floor plans), technical expert opinion on the safety of load-bearing structures. To speed up the approval process and avoid refusals, it is better to use the services of our specialists.

The newly created room must be isolated and separate. For this purpose, a separate exit is made to the street or to common areas in the building.

Technical plans for new facilities

The division with the redistribution of shares does not entail changes in the characteristics and configuration of the real estate. Therefore, in such cases, there is no need to contact a cadastral engineer and order a technical plan. For each newly formed premises, on the contrary, without this document it is impossible to register and register with Rosreestr.

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To prepare technical plans, the engineer will take measurements and surveys, indicate the coordinates and characteristics of each room in the text description and on floor plans. The information specified in the technical plan will be transferred to the Unified State Register by Rosreestr employees. From our company you can order technical plans for any real estate, including their division.

Section of the property and registration in Rosreestr. Questions to the expert

Soloviev Petr

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

Is it possible to start dividing real estate if the second owner refuses to sign the agreement? Is it possible to oblige him to make a division through the court?

Before starting design and work on the division, it is necessary to resolve disagreements between the owners. In particular, in court it is possible to determine the specifics of the division, the exact size of the area for each owner, and other nuances. Based on the court decision, you can order a project and begin work.

Rosreestr denied us cadastral registration of premises after the division. We presented the project and the work acceptance certificate, but they demand technical plans from us. Is Rosreestr right?

Yes, in this case, refusal of cadastral registration after division is legal. The basis for registering a new object for cadastral registration is the technical plan. It must be issued for each new premises after division.

The law says that a property must be isolated and separate. Are these signs also checked during division?

Yes, these are mandatory requirements for recognizing new premises as independent real estate objects. Signs are provided by erecting enclosing structures and arranging a separate exit.

When can you sell or rent out premises formed after the division of real estate?

Any real estate transactions are allowed only after the property has been registered in the cadastral register with Rosreestr. Information about the object and its cadastral number must be in the Unified State Register of Real Estate.

How to divide a semi-detached house into two houses

Situations arise when a two-flat house appears in a real estate division case. At first glance, everything is simple: the building was originally intended for separate residence, there are separate entrances and even two apartments are registered at the same address. But when submitting an application to Rosreestr, the owners are denied registration of property rights. There is only one reason: the house received the status of an apartment building, but the land belongs to the category of individual housing construction. What to do in this case?

First, you will need to convert the house into common shared ownership. Accordingly, each owner receives ½ share in the house. This will help confirm the intended use of the land. After all, the house ceases to be an apartment building. Then the owners collect the necessary package of documents and write an application for the allocation of shares in kind. We described above how this procedure occurs.

Please note that if the house you want to divide was built after 2006, you will need a building occupancy certificate to allocate shares . For this purpose, a commission is appointed that determines the fire and sanitary conditions of the house and identifies violations committed during construction.

Rosreestr will not register property rights until the identified violations are eliminated. If the house falls under the dacha amnesty law, this document is not required.

To minimize problems with dividing a house, we recommend using the services of a qualified lawyer. The specialist will advise you on how to resolve the problem out of court or help you defend your interests in court.

List of useful documents

Documents for download:

The procedure for accounting and registration in Rosreestr

Accounting and registration in Rosreestr is the final stage of the section. As a result of the procedures, the following consequences arise:

• changes are made to the Unified State Register of Real Estate regarding the new size of shares of owners;
• information about the object that was divided into new ones is canceled;
• newly formed premises are assigned cadastral numbers, and their main characteristics and identifiers are entered into the Unified State Register of Real Estate.

Rosreestr will issue applicants with extracts from the Unified State Register of Real Estate, which will indicate the new sizes of shares and information about the newly formed objects after the division.

Expert commentary. We talked only about the main nuances and options for dividing real estate. It is impossible to carry out the division without the involvement of specialists and approvals. Our company provides turnkey real estate division services, will help you prepare documents and go through all stages of approval. up to accounting and registration in Rosreestr. You can learn more about the terms of cooperation at a consultation with our experts.

Advice from a lawyer on the topic “Division of a house”

• It is better to divide the house as soon as the right to shares appears. Then a fairer version of the agreements is possible. Everyone will get approximately equal space (if such a thing is even possible).
• If you do not use the house for years, other users may consider the house their sole property and make (in violation of the law) redevelopment, complete or destroy parts of the house, or fence off the area. In practice, there was a court case when the second owner built a brick fence and got three evil dogs guarding the entire territory...
• It is necessary to complete the documents completely. Half measures here may cause future problems. For example, when inheriting part of a house, it is not enough just to submit an application to a notary to enter into an inheritance; you must obtain a document on ownership. When dividing property under a marriage contract, it is imperative to properly inform the Registration Chamber (register the contract) and notify third parties (for example, the chairman of the SNT).
• If you divide the house and land into shares, you cannot delay this issue at all. Legislation on land changes quite often, the rules of registration, assignment of cadastral numbers, and the very possibility of division may change over time. And sometimes performance may be “temporarily unavailable.” It is important to understand when such an opportunity exists and get down to business very quickly.

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Timing and cost

The cost and timing of all procedures and services depend on the characteristics of the section, the list of necessary works and documents. Contact our specialists, who will study all the nuances of the upcoming division of real estate, determine the necessary approvals, and estimate the timing of all work. Preliminary prices can be found in the table below.

How to resolve conflict and divide a house after divorce

Fierce disputes between husband and wife regarding the division of common property occur very often. People are usually not used to meeting each other halfway if the separation occurs against the background of acute personal hostility.

The situation can be prevented and resolved:

1. Through negotiations (peacefully).
2. By concluding a prenuptial agreement before marriage.
3. By filing a complaint with the court.

Each of the solution options requires its own course of action.

Often people, in conflict with each other, do not want to reach an agreement and try to resolve disputes in court. Sometimes, achieving a different result, more unfavorable than the one previously expected.

Compromise

This is the least expensive way to resolve the problem of dividing common real estate. The spouses discuss through dialogue which part of the building will go to each in the future.

After reaching a consensus between citizens, an agreement on the division of property is drawn up.

The document sets out the agreements reached. The parties approve them and can register the document with a notary, which gives it greater legal force.

In the event of a divorce when a dispute arises over property, the agreement is provided to the court, which will take it into account when making its decision.

It is possible to resolve the issue verbally, but often people’s words do not match their actions.

Presence of a marriage contract

This agreement greatly simplifies the procedure for dividing house construction and land. The document regulates and stipulates the property rights of the spouses, both during the marriage and after its dissolution. 40 IC RF.

The contract prescribes the principles for the use and disposal of the property of a woman and a man in the course of family life. The most important thing: it gives an answer to how property will be distributed after people officially dissolve their relationship.

It is on the basis of the specified document that the division occurs, and not in the general order.

If it states that one of the parties receives the majority or nothing at all, then this will happen in practice. Only by proving in court that the contract was concluded on enslaving conditions for one of the parties can one hope to receive part of the real estate.

Judicially

This happens when there is misunderstanding and heated disputes between people over the issue of dividing the house with the land.

Taking into account the fact that the total cost of the object is over 50 thousand rubles, it is necessary to file a claim with the city or district court located in the locality where the building is located.

The court resolves disputes between citizens based on the law. An application can be submitted by a spouse who believes that his rights have been violated. This circumstance does not deprive the defendant of the right to file a counterclaim for division of property.

It is recommended to conduct an assessment of the property before filing a claim, so as not to delay the proceedings.

During the hearing, the judge will determine the future of all material assets acquired by people, taking into account objective and subjective factors, which we will discuss below.

We pay attention to what to do. It is better to carry out the assessment without reducing the value of the acquired property, since during the hearings an additional examination may be assigned.