Refusal to purchase a room in a communal apartment: a sample of how to receive a document from neighbors and correctly execute it when selling real estate?

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When buying or selling living space in a communal apartment, it is necessary to obtain a refusal from the persons who have the pre-emptive right to purchase.

This rule is specified in Article 42 of the Housing Code of the Russian Federation. Otherwise, there is a high risk of the transaction being annulled in court.

Who should I notify?

Each owner has the right to dispose of his own room. This rule also applies to home sales. At the same time, it is necessary to inform those who have the right of first refusal. According to Article 250 of the Civil Code of the Russian Federation, these are the owners of neighboring rooms.

Employers do not have this advantage.

If the apartment has non-privatized premises, then notifications must be sent to the municipality.

The terms of implementation should not be different. That is, the seller must offer equal prices and terms, both for neighbors and for other persons. The age of the owners should be taken into account. If the room belongs to a child under fourteen years of age, then notification must be sent to his legal representatives. At the age of fourteen to eighteen, a person himself can express his will, but the answer must be signed by a parent or a person replacing him.

Problem situations

Having not always faithfully followed all the instructions and kept up with the law, the owner receives the same thing in return.

There are several rather difficult cases, but they can also be resolved:

refusal to accept notice. In this situation, the sender will receive a notification about. By providing this document in the registry, the seller will not experience any obstacles from this side;
boycott by neighbors. If the co-owner nevertheless received a notification, but there was no reaction, then he should contact a notary. The latter will send a repeated appeal to the recipient, and if there is no response, he will issue the client a corresponding certificate;
unknown location of the neighbor. In this case, you will have to spend a little more time and it will not be possible to sell your home quickly. It is necessary to carry out the procedure for accepting a person unknown to be absent. The reason for initiating the process is the lack of information about his whereabouts throughout the year. For this purpose, you must apply to the judicial authority with a claim. The court will conduct interviews with close people and neighbors, and send inquiries to the area where the individual is expected to be present.

ATTENTION !!! If the missing person does not appear, a property manager will be appointed. It is to him that you can address your message and finally receive the long-awaited refusal;

the owner of the next room actually lives in another area. A notary can also help here. Having received the message, the recipient verifies it and sends it back to the sender. Such a document will allow concluding a sales agreement with a third-party acquirer;
the owner of the neighboring property has died, and the legal successors are in no hurry to initiate the procedure. This is the most unpleasant of all the above situations. You can file a claim to assess the inheritance as escheated property and oblige the municipality to take control of it. Then the administration will be the recipient. When submitting a package of documentation to the registry, you must also attach a court decision, notice and refusal documents.

Implementation procedure

The procedure for selling a room in a communal apartment does not differ significantly from the standard scheme for buying and selling real estate. The key difference is the need to send notices to priority buyers - neighbors. After registration of the refusal, negotiations are held with the potential purchaser.

Afterwards, an agreement is drawn up and signed and mutual settlements are made between the parties to the transaction. An acceptance certificate is drawn up and signed. Finally, the new owner registers his right with Rosreestr.

Form and content of refusal

Waiver of the pre-emptive right to purchase a room can be submitted in writing in one of 2 options:

notification to the owner of the share being sold by registered mail with notification certified by a notary;
a statement containing a refusal to purchase a share.

There is another refusal option - submitting an application through Rosreestr . But in practice this happens extremely rarely.

If the owners gather at one time in one place, it will be easy to draw up a refusal.

If the owner of the share is a legal entity, the refusal is formalized by means of a response letter. Another option is also acceptable - the application for refusal is drawn up on the organization’s letterhead, certified by the management’s signature and seal.

The refusal document does not have a state standard, but in accordance with the rules for the preparation of legally significant documentation, it must contain the following data:

last name, first name, patronymic, place of birth, address of permanent residence, passport information of the persons filing the refusal;
address of the property in question;
share size;
description of the identification characteristics of the alienated object;
estimated cost;
recording the fact of refusal of the pre-emptive right to purchase;
date of document preparation;
owner's signature;
seal and signature of the notary who certified the refusal.

Before writing a refusal, you should carefully read the rules for its execution.

The refusal can be drawn up in any form, but preserving the meaning and conveying basic documentary information.

The refusal form also requires indicating the name of the document, the place of preparation, text describing the property and the absence of intentions to purchase it by a specific person.

How to issue a refusal?

All neighbors are notified in writing.
The refusal to purchase is agreed upon and the date and time of the visit to the notary is agreed upon. Personal presence of all owners and documents required:
passports of the owners of neighboring rooms;
certificates of ownership of shares;
information about the property (address, area, cost, etc.).
The document is being drawn up.

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.

Cost of paperwork

First of all, the costs will be associated with notary services. The cost of his work varies from 1000 to 2000 thousand rubles. It is also necessary to pay for delivery of the notice to the owners. If postal delivery is used, the letter is sent by registered mail with acknowledgment of delivery to the addressee. The cost of shipping will depend on the remoteness of the recipient’s residence (see tariffs on the Russian Post website).

Features of transactions with minors

In a situation where there are minors among the co-owners, the procedure for the seller depends on their age . If the child is under 14 years of age, the minor’s refusal can be formalized by one of his parents or legal representatives.

You will need to have with you the child’s birth certificate and the passport of the parent (guardian). The presence of the child himself is not necessary.

If the owner of the share is between 14 and 18 years old, the refusal can be issued by him, but in the presence of one of the parents (guardians).

In both the first and second cases, the refusal is agreed upon with the guardianship and trusteeship authorities.

After all approvals, the refusal is certified by a notary in the presence of one of the parents. The child may not be present. A signature is placed on the document only if the minor is between 14 and 18 years old.

Common problems with neighbors

They don't want to receive or ignore the notification

If neighbors do not pay attention to the notification received, this is an obstacle to completing a real estate transaction. It is enough to have a receipt for sending the letter, or a notification that it was not received. Then you can make a deal. You can turn to the services of a notary who will legally certify and forward the letter. This will be a fact of proper informing of neighbors.

How to find the owner of a living space in his absence?

If the owner is absent, then information can be obtained from Rosreestr. It is necessary to fill out an application and pay the state fee. The applicant cannot be refused.

The owner of the neighboring premises has died, and the heir does not enter into the inheritance

If the heirs of the deceased owner have not yet accepted the property, then you should wait until the end of the procedure. Its period is six months from the moment of death. The inheritance can be transferred earlier if there are no other claimants to the property.

The situation can become more complicated if there is a dispute between potential recipients. In such a situation, you will have to wait until the court makes a decision. In any case, it is necessary for the new owner to take ownership and register them with Rosreestr. Then the deal can be implemented without legal violations.

Features of refusal to purchase agricultural land

The procedure for transferring agricultural land into ownership is regulated by Article 8 of Federal Law No. 101 of July 24, 2002. It directly states that municipal and regional authorities have the priority right to purchase such land plots.

Agricultural lands have a special status, which is expressed as a strategic resource that ensures the survival of the state in a difficult economic situation.

Therefore, the legislation has granted the preferential right to municipalities of the constituent entities of the federation to acquire land without hindrance if they have an interest in this. Moreover, it is worth noting that this right is absolutely so strong that the land plot can even be withdrawn from circulation.

An exception will not even be the fact that the site has already been put up for auction . But this does not mean that the former owner will not receive monetary compensation. The price will be based on market value.

The privilege of municipalities entails confirmation of the waiver of the preemptive right to purchase agricultural land. Receipt of this document means that the state does not object to the sale of the land plot at the discretion of its owner.

It is unacceptable to ignore the requirement to obtain a foreclosure waiver . Without it, it is impossible to register ownership. A transaction made without fulfilling this condition is considered void.

The owner of agricultural land must notify local authorities of his intention to sell his property. The application is reviewed within 30 days. During this time, the municipality must notify higher authorities (regional). The authorities must confirm their consent to the sale of the land.

If the state does not express interest in purchasing such land, the seller will receive an official refusal. The procedure covers a certain period of time, and you need to be prepared for this circumstance.

If government authorities decide to exercise their right of first refusal, and such a transaction is unprofitable for the seller, the problem can be solved in two ways.

In the first case, you can sell the plot in parts. To do this, it must be divided into two or more shares and sold alternately.

In the second case, you can try to issue a deed of gift. However, you should carefully consider every step. Otherwise, such a transaction will simply be considered void and without legal force.

Implementation without consent: is it possible?

Notifying your neighbors of your intention to sell your room is a prerequisite for completing a real estate transaction. Otherwise, there will be grounds for legal action.

Legal practice shows that it would still be correct to obtain the consent of neighbors. If any of them is interested in the offer, then there is no need to issue additional notifications. A purchase and sale agreement is simply concluded and mutual settlement is made.

What if the owner is against it?

Sellers often face this situation. When any or all of the neighbors object to the transaction. This fact is not an obstacle to the transaction. It is necessary to inform each owner properly (see above) and in a month the room can be sold.

The sale of a room in a communal apartment is carried out according to the rules established for any other housing. A distinctive feature is the fact that it is necessary to inform neighbors of your intention. If they are properly notified, the transaction can be carried out without legal violations.

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Description of the procedure

When an offer is made to other co-owners to purchase a share, a situation may arise that instead of one applicant, several appear . Then the seller can choose who exactly to sell his share to, without distributing it among all co-owners.

After receiving consent for the sale from other owners, 1 calendar month is allotted for the preparation and execution of documents for the transaction under Russian law.

When determining the list of persons involved in coordinating the sale, neighboring residents who do not have property rights to the living space are excluded . Priority remains only for those who are documented as co-owners.

If within a month the applicants from among the owners have not expressed a desire to purchase, the housing is offered to unauthorized persons. On the part of the other co-owners, a notarized waiver of the pre-emptive right to purchase is issued.

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.