Tip 1: How to sell a communal apartment

Tip 1: How to sell a communal apartment



Communal apartment, in isolated roomswhich resides in a separate family, can be located both in municipal and state ownership. Each room in it has its own owner, so the sale of such an apartment should be carried out only with the consent of all owners.





How to sell a communal apartment


















You will need




  • - Certificate of state registration of ownership;
  • - cadastral passport of the apartment;
  • - an extract from the house book;
  • - Extract from the Office of Rosreestr;
  • - Notarized consent of the apartment owners for the transaction;
  • - copies of financial and personal accounts.




Instructions





1


There are two ways to sell utilityapartment entirely. In the first case, the neighbors agree and, after uniting, sell the communal apartment, and the amount received from the transaction is divided among themselves in proportion to the areas of its room. The second option is that one of the owners buys out the rooms of their neighbors, and then sells the whole apartment.





2


The process of registration of the necessary documents and registration of rights during the sale of a communal apartment practically does not differ from the sale of any other apartment with several owners.





3


Once you have prepared all the basicdocuments, decide on how much you will sell your housing, because buyers are primarily interested in the price of the apartment. Create an objective opinion about how much you can sell this or that apartment, will help in the comprehensive collection of information.





4


To do this, view the ads in the newspapers orInternet, ask for help from real estate specialists or make an independent evaluation from professional appraisers. As a rule, it is quite difficult to determine the most accurate cost of housing, as it depends on many factors. Therefore, it is best to seek the help of specialists.





5


To find buyers place an ad innewspapers, free and paid bulletin boards, the Internet. It is not superfluous to attach to them photos taken from different angles. The buyer can also be found through relatives, friends and just acquaintances or ring all the numbers that are indicated in the ads for buying an apartment.





6


After the buyer is found, you canwill begin to conclude a contract for the sale of a communal apartment. It must be in writing, and in order to protect yourself, certify it by notary.





7


The contract is registered inRegistration Chamber, after which the transfer of ownership of the apartment from the seller to the buyer. Obtain the amount from the sale between all owners of the communal apartment.




























Tip 2: How to sell an apartment to a relative



In terms of procedure, there is no difference between selling an apartment relative or any other person. The seller and the buyer go to the notary with the standard set of necessary documents. However, this method for all its popularity has a number of shortcomings, which gives reason to think about such alternatives as donation and inheritance.





How to sell an apartment to a relative








You will need




  • - package of necessary documents (passports of the parties and papers for the apartment: certificate of ownership, technical passport from BTI, etc.);
  • - notarial services.




Instructions





1


The first and main drawback is the seller, ifowned an apartment for less than two years, must pay a tax of 13% of the amount of the transaction amounting to more than 2 million rubles. The amount of the same tax will be considered in the inspection, based on the market price for the day of sale. And if the amount in the contract will be different from that of more than 20%, the right to establish the amount of tax and accrue penalties at its discretion. In this case, the buyer in view of the fact that the transaction is committed between relatives, the right to a tax deduction when buying a home does not.





2


The second minus. If a relative buying flat, is married, the acquisition will automatically be considered jointly acquired property of the spouses. And in case of divorce, it is subject to division in half.





3


There is a third. After the sale of housing, the previous owner will not be able to influence the relative if he wants to dispose of this property against his will. For example, parents sell flat son or daughter, and that or that decides to then sell it without their consent. They will not be able to prevent this transaction.





4


Almost all of these disadvantages does not have a gift option. In this case, there is only the need to pay tax, if the gift is made to one not close relative (children, parents, spouses, grandparents,grandchildren and granddaughters). Close relatives also do not pay tax. In addition, you can withdraw the donation if the new owner makes actions that threaten the life and health of the former, or is going to take steps leading to the irretrievable loss of this property. When receiving the same housing as a gift by a married person, such an apartment is not considered jointly acquired property of the spouses. A gift (gift contract) through a notary is formalized.





5


Another option is to transfer housing according to the will. The only drawback is that the relative can enter into the property rights only after the death of the previous owner. At the same time, the tax on the value of property received as inheritance is not necessary to pay, and the inherited apartment jointly acquired by the spouses 'property is also not considered. Children are considered to be parents' heirs automatically (but for reliability it is possible to write a will on them), in other cases, a notary has a will.












Tip 3: How to sell a room without the consent of neighbors



When selling a room in a communal apartmentit is necessary to make a notarial refusal to purchase from all tenants of other rooms. Because, in accordance with the Civil Code of the Russian Federation, articles number 250, all other owners of rooms in one apartment have the pre-emptive right to purchase.





How to sell a room without the consent of neighbors








You will need




  • - notification to all neighbors
  • - notarial refusal




Instructions





1


Notify Neighbors about the sale of the room and the terms of the transaction. For notification, make a notarial document on all conditions for the sale of the room with the price for which you sell it.





2


Send copies of the notification to all neighbors by registered mail with the list of attachments.





3


The preferential right to purchase is possessed only bythose neighbors who own the room. If a person lives under a contract of social hiring and the owner is the city administration, the administration should be notified about the sale.





4


If there are minors among the owners,invalids, incompetent persons, refusal of purchase should be received in guardianship and trusteeship agencies, that is, in addition to send a notice to these bodies.





5


Usually people agree among themselves and neighbors without problems give a notarial refusal from the right of primary purchase. If neighbors buy A room do not want and the refusal of the pre-emptive rightdo not wish to give, then a month later by default you can sell it to an unauthorized person, since silence within a month is equated with a refusal according to the article of the Civil Code of the Russian Federation No. 250, point 2.





6


If several owners wish to take advantage of the right of pre-emption and the impossibility of peaceful negotiations, the case for sale is considered in court.











Tip 4: How to sell a municipal apartment



The municipal property is ownedadministration, and to dispose of real estate, including selling it, can only its owner. Therefore, in order to sell a municipal apartment, it is necessary to privatize it and register the property rights, in accordance with the Federal Law 122-F3 and the Civil Code of the Russian Federation, Article 131.





How to sell a municipal apartment








You will need




  • - passport and photocopy of all its pages from all participants in privatization;
  • - certificate of non-participation in free privatization;
  • - an extract from the house book;
  • - account statement;
  • - an extract from the cadastral passport and a copy of the cadastral plan;
  • - Notarial refusal from residents who do not want to participate in privatization;
  • - warrant or contract;
  • - Administration decree;
  • - certificate of ownership;
  • - Notarial permission to sell from all owners who have issued ownership after privatization;
  • - contract of sale;
  • - certificate of acceptance;
  • - receipt of payment for registration.




Instructions





1


To sell a municipal apartment, decorate itprivatization and register ownership rights. To do this, apply to the department of housing policy of your district. Provide an order or a contract for the right to use the apartment. Get an extract from the house book about all registered at the living space. If several are registered, then everyone should participate in the privatization, then apply from all privatization participants. If one of the registered residents does not want to participate in it, you must get a notarial refusal from privatization.





2


Get an account statement from the housing department. Contact the BTI and receive an extract from the cadastral passport of the apartment and a copy of the cadastral plan. Take a certificate from all districts where you lived that you and your family members did not participate in free housing privatization. You can get this document in the district administration at your place of residence.





3


Remove photocopies from all pages of the passport of allparticipants of privatization and from the birth certificate of all children. Submit all received documents to the Department of Housing Policy. You will be issued a decision to transfer the apartment in own.





4


Contact the Federal Officestate registration center, fill out the application for registration of the apartment, pay the state registration fee, present all received documents. In 30 days you will receive a certificate of ownership of the apartment, after which you can dispose of it at your discretion, including sell.





5


Further sale carry out with the standardnorms. Get notarial permission from all the owners who participated in the privatization and formalized the property rights. Conclude a notarial or written contract of sale with buyers of housing, the act of acceptance and transfer and file documents for registration of ownership of the buyers.











Tip 5: How to sell an apartment with several owners



An apartment on which the ownership of several persons is formalized is considered to be a common share property (Article 244 of the Civil Code of the Russian Federation). To sell it you need to get a notarial permission from allowners.





How to sell an apartment with several owners








You will need




  • - Notary permission from all co-owners;
  • - the decision of the guardianship authorities;
  • - cadastral statements;
  • - account statement;
  • - an extract from the house book;
  • - application to the FUGRC;
  • - Passport of the seller and buyers;
  • - certificate of ownership of the apartment;
  • - contract;
  • - certificate of acceptance;
  • - receipts for payment for registration;
  • - photocopies of all the above documents.




Instructions





1


To sell flat, owned by several people, contact all owners in the notary's office and get permission to sell.





2


If someone from the co-owners of the apartment does not havethe opportunity to personally apply to a notary office, you can do it for him if you have a notarized power of attorney to perform any legally significant actions on behalf of the principal.





3


If there are persons in the number of owners,under the trusteeship of the state, obtain a notarial permission from parents, legal representatives or guardians. Contact the guardianship and trusteeship authorities with a written notice of the alienation of housing and obtain a resolution without which you can not complete a sale transaction. The persons to be cared for are minors, persons with limited abilities and incompetent citizens.





4


The apartment you bought while inregistered marriage, is also considered common property of spouses (Article 34 of the Criminal Code of the Russian Federation, Article 256 of the Civil Code of the Russian Federation). Therefore, in order to sell it, you must obtain a notarial permission from the spouse (s).





5


Further sale is no different from the designapartment, which is in sole proprietorship. To conclude a transaction, you will receive a cadastral statement in the BTI, an extract from the house book and a personal account, which is issued to the housing maintenance department. Before receiving these documents, remove all from the registration in the sold apartment.





6


Conclude the contract of sale with the buyers, make a written certificate of acceptance and transfer.





7


The moment of conclusion of the transaction is itsstate registration (Article 433 of the Civil Code of the Russian Federation), without which the transaction is not considered concluded and legally valid, so contact the FUGRTS. Fill out the application, present the package of documents and their photocopies, pay the state registration fee.











Tip 6: How to make an apartment from an apartment



You can only make a flat out of an apartment,having made division of the general share property in a judicial order. In accordance with the Housing Code of the Russian Federation, since 2005, it is impossible to recognize housing as communal, but according to articles 244, 256 of the Civil Code and No. 34 of the Family Code, the allocation of shares in kind is still possible, therefore, several owners appear in the apartment, on its own makes it communal.





How to make an apartment from an apartment








You will need




  • - certificate of ownership;
  • - application to a single center;
  • - passport;
  • - Extract from the cadastre passport.




Instructions





1


The apartment will turn into communal, if you are injudicial procedure, make a section between co-owners or spouses. Large apartments can be divided into shares in kind, when each former co-owner or spouse receives isolated rooms, common areas become a joint territory.





2


When registering a separate property rightAfter the division of property, a single settlement account is forced to divide the common account. The basis for this is a certificate of ownership, since after the division in kind and the registration of its share by each owner in the ownership, certificates of ownership of one apartment becomes several. Consequently, it becomes a communal, regardless of the fact that the new Housing Code in principle prohibits it.





3


To register a separate title toyour share is obliged to issue a separate technical and cadastral passport. This is done in the Bureau of Technical Inventory, after which it is possible to register the property right by submitting an application, extracts from cadastral documents to the State Real Estate Registration Center and transactions with it.





4


In your room or in public placeseach owner is obliged to supply individual meters for the consumption of electricity, hot and cold water, as well as establish common meters to pay for consumed resources in public places.





5


Each owner after the partition and clearancea separate property right has the right to dispose of their property at their own discretion, sell, exchange, donate. As a result of legally significant transactions in the apartment may appear owners who are each other completely outsiders.











Tip 7: How to sell a room in a communal apartment



When you sell a room in the communal apartment there are a number of nuances that must be considered. Room can only be sold privatized,which formalized the right of ownership. If it is not privatized, upon its release, the ownership right passes to the city municipality. We must not forget that the owners of the remaining rooms have the right of pre-emption. Without taking this into account, the sale and purchase transaction will be declared invalid by the court.





How to sell a room in a communal apartment








You will need




  • - passport of all participants in the transaction
  • -delivery certificate
  • -Document on the terms of sale and the price of the room sent by registered letter to all owners of other rooms
  • -contract of sale
  • extract from BTI
  • receive-transmit act
  • -registration documents for a room
  • - Notarial permission to sell other room owners




Instructions





1


The pre-emption right mayTo use only tenants of the privatized rooms which have issued the habitation in the property. If the room is not privatized and registered under a social employment contract, then in order to take advantage of the preferential right to purchase it must be privatized.





2


Notify the notary about the terms of salewith the price for which you want to sell your room. This document must be photocopied, notarized and sent to all owners of other rooms by registered mail. A registered letter with this document will be delivered to all upon receipt. At the end of the month, by default, other owners can sell their room to an unauthorized person. If such conditions are met, the court will not be able to recognize the contract of sale and the registration of property rights as invalid.





3


To sell your room, take an extract fromcadastral passport in the BTI. If the cadastral passport was made more than 5 years ago, before you receive an extract it will be necessary to update the technical documents for the room. To do this, call the BTI technician. Based on the inspection of housing you will be given an extract.





4


From the room you need to write out all and get a certificate that all are written out.





5


If there are more owners in the room, then take from them a notarial permission to sell.





6


With the buyers of the room, sign a contract of sale with a notary. Make an act of acceptance - transfer of the room.





7


All. Your customers can register their ownership in the registration center.











Tip 8: How to sell a non-privatized apartment



The owner of non-privatized housing isstate, and not the people who live in it. Sale of non-privatized apartments is impossible by law, because you can not sell what belongs to others. But there are several options for "selling" non-privatized apartments. How can you sell non-privatized housing without violating the law? It turns out that you can resort to quite legitimate options for transactions.





How to sell a non-privatized apartment








Instructions





1


You can sign a contract of social hiring for real estate, which you have, on the buyer. For this, having agreed with the buyer, you register it in your flat under the contract of social hiring. Receive the agreed amount between you and then leave the apartment. After that, the buyer will be able to issue a social employment contract for flat in his name and privatize it in ownership.





2


You can first privatize your flat on yourself, and then sell.Collect the necessary documents for this: - an extract from the house book about the people registered in the apartment (including all the children) - birth certificates of children and the passport of the adult family members - if you moved since 1991, you need a certificate from your previous residence of non-participation in privatization; - the social employment contract for flat and other documents on it - copies of paidreceipts for utilities. Further submit all these documents to the Department of Housing Policy and Housing of your city and write an application for the privatization of the apartment. After the decision of the municipality in the Federal Office of the Registration Service, register your ownership. Pay all associated fees and fees. After privatization, already as the owner, deal with the sale of the apartment. Now you have the right to do what you want with your apartment. Be it a sale or an exchange.





3


In order to sell flat in a short time, contact the agency. Specialists will help not only find a buyer, but also save time. If you do not have time to collect information about privatization - in the agency you can also offer an exchange. You will have to exchange your home for a buffer - this is a residential building owned by a company that is engaged in buying and selling real estate. You and the buyer apply for an exchange in a state organization. And waiting for permission. Upon receipt of a permit, the buyer receives your flat in use. Do not be afraid of such transactions, it is quite profitable and convenient.











Tip 9: How to make a communal apartment



Housing can become a communal flat, if it is in common ownershipseveral people. If the tenants want to leave and the section by selling or exchanging someone from the owners does not agree, then it should be in court order to allocate the share of each owner in kind.





How to make a communal apartment








You will need




  • - appearance in court
  • -registration of a separate cadastre passport
  • -registration of property rights




Instructions





1


Municipal housing, which is located inproperty on the basis of the contract of social hiring to divide by sale or the allocation of shares in kind is impossible. Only in the case of privatization and registration of ownership of all involved in privatization.





2


Housing that is owned,can be divided into shares in kind only in the event that each owner, perhaps, allocate an isolated room and the rights of all owners will not be infringed.





3


To allocate a share in kind to each ownershould apply to the court and submit a plan of the apartment indicating the possibility of partitioning into separate rooms. Only isolated rooms can be considered as a separate room in the reading of Article 16 of the LC of the Russian Federation.





4


Each owner has the right to receive his share in the apartment in accordance with Article No. 252, paragraph 2 of the Civil Code of the Russian Federation.





5


The court will appoint a commission that will determine whether it is possible to divide the apartment in the form of a shareholding in kind or not.





6


After the court decision on the allocation of shares in kind, each owner draws up new technical documents for his share, receives a cadastral passport and registers a separate property right.





7


After registering the ownership of each apartment resident, the housing department is divided into personal accounts for utility bills. The apartment turns into a communal one.





8


If someone from the owners of a communal apartment wants to sell their share, then the sale should take place in accordance with the rules for the sale of communal housing.





9


All co-owners of apartments have the rightpreferential purchase of a room in an apartment. Therefore, all co-owners should send a notarized notice of the terms of sale and the price, by registered letter with an inventory of the investment.





10


If after one month no one has declared a desire to buy your room, then by default the co-owners can be sold to a stranger.








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Tip 10: How to sell an apartment yourself



Everyone who decides to sell his flat without the help of realtors, should be ready for a solutionCertain issues. The procedure for selling real estate is not that difficult, the main thing is to prepare all the necessary documentation. You can make a deal only with privatized housing.





How to sell an apartment yourself








Instructions





1


If you decide to sell an apartment yourself,without the help of intermediaries and agencies, you should start by looking for potential buyers. Promote ads by place of residence and other areas, apply to newspapers and magazines, notify colleagues, friends and relatives, perhaps in their circle you will find those who will buy your home.





2


Estimate the cost of own apartment. This can be done by comparing similar apartments in different areas, to correlate their price and layout. In any case, be prepared to bargain with the buyer. The cost of such housing can be found on the Internet, newspapers and ads.





3


Once you have found a potentialbuyer, show your apartment. It must be clean and ready for inspection. Usually pay attention to the height of balconies, the location of rooms and the condition of plumbing and pipes.





4


It is best to discuss in advance the terms of the advance payment in order to be sure of the transaction. You can take a written receipt from the buyer, an advance or a deposit.





5


To make a deal, you need to contactregistration chamber. To do this, prepare all documents, keep track of the dates of their issuance, the validity period and the availability of necessary signatures. You will need a receipt for payment of state duty, a certificate of ownership of housing, a certificate from the BTI, an extract from the house book, a certificate of absence of public debts, a copy of the passport with residence permit, family status and date of issue, written statements of the seller and buyer about registration of the contract of purchase- Sales, technical passport of the apartment, an agreement with all changes and additions, an act of acceptance and transfer. The list of documents is not exhaustive, as it can be supplemented if in the apartment are registered minor family members, incompetent citizens.





6


All documents must be presented in twocopies - the original and a copy. After the contract of sale was registered and you were given a certificate of state registration of ownership, you must receive cash for the apartment. Submit information about the transaction to the tax authority.









note

If an under-age family member is registered in the apartment, you should take a sales permit from the guardianship and custody authorities.




Helpful advice

Try not to sell the first apartment to the buyer, study the market of applicants and give preference to the most conscientious.









Tip 11: How to sell an apartment with a tutelage



When the share in the apartment or even the whole living spacebelongs to a minor, it will be problematic to sell it. And all this is due to the fact that it will be necessary to obtain the permission of the guardianship authorities, who are in charge of this issue. This process is quite lengthy because of the number of required papers. And not everyone knows with what exactly it is necessary to start selling the apartment "with tutelage."





How to sell an apartment with a tutelage








Instructions





1


To begin, make a request from a notary.As a rule, the original of this document is required. By the way, the entire list of documents is needed not only when selling an apartment, but also when it is exchanged, donated, etc. If you are the parent of a minor proprietor of a living space, you will also need a corresponding application for the sale of the apartment. If the parents do not have a child, and you are just the person who was entrusted with the process of selling the living space, then provide the guardianship authority with a special document confirming the absence of the parents. This may be a death certificate, a judicial decision to forfeit parental rights or the recognition of a missing parent.





2


Of course, we need a statement from thea minor owner of a dwelling. True, only in the case when he has already reached the age of 14. In other cases, an application is required from the child's guardian (in the event that he does not have parents). If you work with a certain percentage of a minor in an apartment, then take care to collect statements that they do not object to the sale, from all adult owners of the rest of the dwelling.





3


Also, provide the guardianship authority with a certificate ofbirth of a child and those documents that confirm his ownership of this living space (a gift agreement, a will, etc.). Of course, in order to easily sell the apartment "with care" take care of paying all the necessary bills - utilities, pay for light and phone. After all, extracts from each of them will also need to be submitted to the guardianship authorities.





4


Collect most of the documents in the original,but a copy of them must be removed. Just in case. But put the date and signature under your statement do not rush. Do this in the presence of a specialist in the guardianship authorities. He immediately signs your autograph and signs his signature. Remember, that all the persons who are involved in the process must come to hand over the documents to the guardianship authorities. This is the child himself, his parents or guardian and those owners who do not mind selling a share in the apartment (if it's a share).





5


It should be borne in mind that the guardianship authorities are easierwill agree to a deal if you already have an equivalent option of housing in exchange for the sold one. This should be taken care of in advance. In some cases, guardianship gives its good with the wording: "with simultaneous, and not with a consistent purchase of an apartment." This will mean that you have to first buy a new apartment, and then sell the old one.










Helpful advice

Remember that all the documents that you submit tothe guardianship authorities should still have a sufficient stock of "validity". After all, if at the time of consideration of your application at least one of the papers is overdue, you will be sent to collect everything anew. That, of course, significantly prolongs and complicates the process of selling an apartment.





Sources:


  • http://ikitaeva.ru/perechen-dokumentov-dlya-organov-opeki-i-popechitelstva-na-sdelku-kupli-prodazhi-kvartiry/

  • guardianship of an apartment












Helpful advice

Before the arrival of the buyer, carefully clean theapartment, and in some cases you can even make a small renovation to give the room a more fresh look. In connection with the fact that the evaluation of the apartment starts with a stairwell, take care of the cleanliness of your entrance beforehand.





Sources:


  • Sale of a communal apartment.