Step-by-step instructions for buying a room in a communal apartment: documents, pitfalls, sample refusal from neighbors

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Purchasing real estate is an excellent investment, and if you don’t have enough money to buy a separate living space, you can consider purchasing a room in a dorm or communal apartment. To competently conduct such a transaction, it is necessary to carefully study the possible risks and pitfalls that the buyer may expect.

Independent search or professional help?

Everyone, of course, decides and determines which option is more convenient for him; a lot depends on financial capabilities. You may be able to easily and quickly choose the right option on your own with the help of friends or an ad.

But still, in the process of documenting the transaction, it is better to seek legal assistance , at least of an advisory nature. After all, such a transaction is not simple, there are a lot of nuances.

Without professional help, it will be difficult to take everything into account so that no problems arise in the future.

Availability of redevelopment

The fact of remodeling a room must be formalized in accordance with the law, otherwise it may become an obstacle to the privatization of a residential property.

Redevelopment is considered legal only if there is permission for redevelopment, obtaining which requires collecting the necessary package of documents.

Package of documents required to obtain permission to remodel a room:

• originals or notarized copies of title documents for residential premises;
• written consent from all family members for redevelopment;
• a copy of the room plan and explication of the BTI;
• project for the upcoming redevelopment of the room;
• a conclusion received from the authorities for the protection of architectural, historical and cultural monuments on the possibility of allowing the reconstruction of residential premises, if they are located in a building of cultural value.

After obtaining permission and carrying out all work, it is necessary to hand over the redevelopment object in the prescribed manner.

The completion of the redevelopment of the room should be completed by the drawing up of an act by the acceptance committee. Typically, the composition of such a commission is appointed by the head of the municipality; it may include heads of departments of the local administration.

The drawn up act is sent by the head of the commission to the organization responsible for accounting for real estate (BTI). The redevelopment carried out in the room requires entering data on actual changes into the technical passport of this residential property.

Legally carried out and executed redevelopment allows you to begin further actions to privatize the room.

How to buy: step-by-step instructions

What documents are needed?

1. A document confirming ownership of this living space.
2. Notarized waivers of neighbors' preemptive rights.
3. All technical and cadastral documentation for a room in a communal apartment.
4. Certificates of absence of debts for electricity, telephone, utilities, etc.
5. A certificate containing information about all registered residents.
6. Consent of the second spouse (certified by a notary) to complete the transaction.
7. Passports.
8. Consent from guardianship authorities.

Requirements established by law for the privatization of a residential property

Privatization is possible if:

• the hostel building is included in the register of municipal property and does not belong to the number of buildings from the special purpose housing stock;
• before being transferred to the municipality, the building was owned by a state or municipal enterprise;
• the hostel is used for its intended purpose, that is, citizens live in it;
• The room you occupy in the hostel must have the status of residential premises assigned to it; conversion of the room into non-residential premises is excluded.

If you find it difficult to answer point by point, you can always contact the district administration, which will provide you with reliable information about the legal status of the building in which your dormitory is located.

If all points are met, you can safely begin preparing documents for privatization.

Underwater rocks

It is possible to buy a room in a communal apartment with a mortgage; the law allows it (Clause 1, Article 5 of Federal Law No. 102-FZ “On Mortgage”). But in reality, this is not so easy to implement; banks are not very willing to cooperate in such situations, because they do not want to take risks.

You can identify some specific features when applying for a mortgage loan for a room in a communal apartment.

Bank position

Not all banks are ready to provide a loan for the purchase of a room in a communal apartment , since its liquid value is low. If the borrower experiences financial difficulties (if he stops repaying the loan), the room becomes bank property. But the bank cannot easily sell it to compensate for the damage, so lending conditions are becoming more stringent, and so are the requirements for the borrower.

Neighbors' refusals of priority rights

If the neighbors do not express a desire to buy this room, then the borrower, together with the seller, must collect written refusals from all neighbors and attach them to the package of documents for obtaining a mortgage.

Property collateral

Some banks require that the bank be given as collateral not the room being purchased (for which, in fact, the loan is issued), but other housing available to the borrower.

Banks are happy to provide a mortgage if the last room in a communal apartment is purchased, where all the others already belong to this buyer. In this case, the entire apartment is pledged.

There is a specially developed series of requirements for rooms (to authorize a mortgage):

• the minimum area of ​​the room cannot be less than 12 square meters;
• the loan can only be issued in the area where the property is located;
• housing must be residential in status and cannot be in disrepair (no more than 55% depreciation);
• the presence of a kitchen and a bathroom in a communal apartment;
• availability of heating, running water, electricity;
• wooden floors are not allowed;
• housing cannot be new, only secondary.

If you are thinking about purchasing real estate, then it would be useful for you to familiarize yourself with such options as buying a room in a dorm and a share in an apartment, including from relatives.

Buying a room: important nuances

Standard room area is 10-20 sq.m. In a large space it is easier to create a corner for your own kitchen: install a stove and a refrigerator. Then you don't have to share the table with your neighbors.

The cost of a room depends on a number of factors:

• location of the house (the closer to the city center and public transport stops, the more expensive);
• state of repair;
• floor in a house;
• neighbors (the presence of dysfunctional or antisocial tenants greatly reduces the price).

Have you found a good option, but the seller offers to conclude an agreement with a reduced price? Don't agree. If you indicate in the papers an amount less than what you actually give in your hands, you are putting yourself at risk. In case of possible litigation, you will not be able to prove the real price of the property. In addition, the real amount is important for obtaining a tax deduction: by understating the figures in the papers, the buyer infringes on his own rights.

Sample application

Purchasing a room from the city is carried out in several stages. To start the procedure, you must fill out an application. It can be obtained from a specialist in the housing department. It is important that the application is completed correctly.

The statement states the following:

• passport details of the applicant and other residents;
• exact address of the apartment;
• reasons for residence;
• written consent of all owners of a communal apartment;
• receipt for payment of state duty.

The application contains a request that you wish to purchase the room on the terms of the housing department. Additionally, the period of residence in the apartment, the intended use of the housing and the absence of debt are reflected. The main thing is to correctly and clearly express your desire to purchase a room.

Buyout cost from the city

The cost of redemption is one of the most important and problematic issues for future owners. This is due to the fact that the fee is paid only after a positive decision is made. The specific amount is not known in advance. It depends on the following factors: market value in the city;

1. cost per square meter taking into account the benefits provided;
2. payment of state duty;
3. payment for paperwork for redemption.

As for the last point, this factor depends on the cost of obtaining certificates, privatization forms and the purchase and sale agreement. This cost may vary in different regions. You will end up paying a little more than the room costs. This is due to the fact that common areas are often added to the price.

Buyers want to know the cost in advance. But this is almost never achieved. But no one will give an exact answer to this question until the buyout procedure is launched. First you need to collect and submit documents, and then you can find out the cost. This always happens when it comes to urgent redemption.

The cost can be found out in advance if the room was being prepared for sale, but for some reason the transaction did not take place. This rarely happens. The district administration will calculate the price on the day of redemption.

Is it possible to privatize the adjacent dorm room?

It is possible if you are low-income or needy, that is, you have the grounds specified in Article 59 of the Housing Code of the Russian Federation, and the hostel building was transferred to municipal ownership (the hostel status was removed). In this case, you have the right to be provided with a vacated room.

The refusal of the municipal administration to provide it can be appealed in court.

Categories of citizens recognized as needing residential premises are listed in our material. You will find everything about the rental agreement in a detailed article on this topic. You will learn how to correctly complete a real estate purchase and sale transaction by reading the text at the link.

Compliance procedure

The procedure for observing the preemptive right to purchase is not complicated, but it must be carried out exactly in accordance with the law, otherwise a co-owner or neighbor will have the opportunity to challenge the agreement in court.

The algorithm is as follows:

1. Determine the sale price and draw up a notice.
2. Send notice to co-owners or neighbors.
3. Wait for responses, refusals or the expiration of the response period.
4. Depending on the position of the co-owners, sell the share to one of them or to a third party.

Drawing up a notice

Notification of the sale of a share or a room in an apartment is drawn up in writing. The text should include:

• FULL NAME. seller, address;
• FULL NAME. co-owner or neighbor, address;
• name – “Notice (or notice) of the pre-emptive right to purchase”;
• intention to sell the property, address of the apartment according to the Certificate or Extract;
• selling price is one of the key points;
• deadline for responding to a notice – will help in case of conflict;
• a reference that in case of refusal or silence the property will be sold to a third party;
• date of signing of the notice and signature of the seller.

The price must be indicated exactly as it will be in the contract. If a different amount is specified in the final agreement (more or less does not matter), the preemptive right will be violated.

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Sending a notice to the addressee

If the co-owners are not problematic and are easy to find, then you can get by with a simple written form and delivery of a notice against signature or by registered mail. Evidence must be preserved:

• when delivered against receipt, make two copies of the notice, one to the addressee, and one with a receipt (“Received / signature / Full name / date”) to yourself;
• when sending by registered mail - a shipping receipt. A valuable letter with an inventory and notification will help you be on the safe side.

You should use notary services for sending notices if you have any doubts, for example:

• co-owners or neighbors enter into conflicts;
• It is difficult to determine the address to which the notice should be sent.

The notary will not only help you compose the text of the notice, but will also send it to the correct address, and if you do not receive a response, will certify this fact. This is the easiest way to protect yourself from possible risks.

Important! If there are many co-owners, more than 20, they still need to be notified by letters, in person or by a notary. The opportunity to post a notice on the Rosreestr website is available only if non-residential real estate is being sold.

Reply to notice

There are three options for responding to a notice of preemption, each of which has its own characteristics.

We count the time for the answer correctly

The law gives a vague wording “one month from the date of notification,” so it is very important not to make a mistake when calculating the time for a response. The notification day is the day when the addressee received notification of the pre-emptive right to purchase a share or room in the apartment. When delivered against receipt, the date is affixed by the co-owner himself, when sent by post, the date of delivery is recorded in the notice, and when sent by a notary, the notary takes upon himself the issues of counting the period. If the registered letter was not received and was returned, the month must be counted from the date of expiration of the letter's storage period.

The response period expires on the corresponding date of the next month. That is, if the notification is received on July 19, then the deadline for a response will expire on August 19. Weekends and holidays do not matter in this case.

Attention! In order to exercise the pre-emptive right, within a month the interested person must conclude a contract for the share/room or make attempts to do so, and not just voice consent. As an attempt to conclude an agreement, the courts consider depositing the amount specified in the notice with the notary.

Consequences of non-compliance with the pre-emptive right

A co-owner whose right has been violated has the right to go to court to transfer the buyer’s obligations under the concluded agreement to himself. He has 3 months to do this. The general limitation period of 3 years does not apply; a shorter three-month period is counted.

The period begins to run from the moment the plaintiff learned of the violation of the procedure. Theoretically, this moment can occur within 10 years from the date of registration of the new buyer, but in practice it is almost impossible to prove the good faith of such a long wait.

Read the claim form.

How to purchase?

Dormitories, in contrast to communal apartments, are temporary residential premises, which were previously provided to employees of one enterprise (what are the features of buying a room in a communal apartment?). Now many houses have lost their hostel status and people living in them have the opportunity (not always) to privatize or sell. If the hostel status is preserved, then these people do not own property, but live under a social tenancy agreement.

Privatization

Only the area that belongs to the municipal authorities can be privatized. You can only privatize a separate premises (room or apartment). You cannot privatize a room in a student dormitory or residential building owned by a specific enterprise. In addition, the room must have residential status. The privatization procedure is regulated by Article 7 of Federal Law No. 189 of December 29, 2004 and Article 2 of Law No. 1541-1 of July 4, 1991.

Required documents:

• application for privatization (with certification from the housing department);
• passports of all registered residents or birth certificates (for children under 14 years of age);
• social rental agreement;
• cadastral papers;
• registration certificate;
• a certificate stating that privatization is taking place for the first time for all participants;
• notarized refusal of persons to participate in privatization;
• extracts from the house register;
• paid state duty.

The collected documents must be submitted to the municipal administration, which within 2 months is obliged to consider the application and conclude an agreement on the transfer of ownership. Then this agreement must be registered in the State Register and a certificate of the owner must be obtained.

If your hostel is considered specialized housing, then privatization will go through the court. The collected documents (along with the refusal of privatization from the local municipality) must be submitted to the district court where the hostel is located.