Buy a room: law and reality

St. Petersburg is called the capital of communal apartments. Perhaps, Russia is hardly a city that could offer a more diverse offer to sell rooms in communal apartments. Buying a single room - offer tempting its cheapness. This is the most accessible and cheapest accommodation options in this price category is not there. However, as real estate agents say the leaders of the Association of Realtors St. Petersburg and the Leningrad region, to carry out a transaction of sale to the room is much more complicated than buying a full apartment. After all, when choosing a real estate need to take into account not only the area of ​​residence, quality homes, clean entrance and the view, but also to understand how well the situation in the apartment, is there room for general use, how many people actually live there and whether legal grounds. Rate prospects purchase, at last! And only then proceed to the consideration of legal documents in the room. If the documents are in order, then the fun begins. Painful legacy of "sale rooms in the northern capital has its own peculiarities, since the room we had been privatized as throughout the country as a separate entity, but as a share of the apartment, - says Sergey Slobodyanuk, AN attorney" lawyer-real estate "- in connection with so if you want to sell privatization share (room), raises the question of the preferential right of co-owners (neighbors) to buy. Very often, neighbors, co-owners abuse this right. Not being able to buy a room neighbor, or not wanting to buy it, a neighbor in every way prevents sale of shares / rooms (do not give a waiver of preemptive rights do not receive notifications, etc. etc.). " The question of pre-emptive right to buy shares is governed by Article 250 of the Civil Code of the Russian Federation. It says that the sale of shares in the common ownership stranger the co-owners have preferential right to purchase shares sold at a price for which it is sold. This means that your buyer to sell the room can be used only if your neighbors are formally renounced the purchase - as they have priority. "The most important thing - keep all the formalities - recognizes Zhiltsova Oles, director of Pushkin Branch of" Kolvey "- Denial of neighbors purchase shall be secured by a notary. If the waiver is not received, sent a written offer to purchase at a specified price. If no response is followed - the room can be sold to others. Mandatory requirement - the market selling price of the room should not be lower than that for which it offered to buy the neighbors. " And if the neighbor, for example, not sure of his desire to terminate the pre-emptive right to buy? Or another option and he is not going to buy, sell and not give. Or a third option: the location of the neighbor is not known at all, or with him can not be reached, for example, he is wanted, and perhaps permanently residing abroad. Way, the causes and consequences Realtors do not recommend the procedure to be avoided pre-emptive right of purchase, because with such a perfect violation of the purchase and sale may be declared invalid. "But there are always ways to overcome difficulties!, - The Roman Grachev, Deputy Director of the Academy" Olympus 2000 "- In any case, I advise you not to come into conflict with its neighbors. Even if you managed to "fight back" in the process of litigation, to live peacefully under one roof with a malevolent force is unlikely to succeed. So it is better to ensure that no conflict of interest. " The first way - to show the contract overpriced. But this method have the drawback - the seller at the last moment may require exactly the amount that is specified in the documents. And if not - then the contract is not, and made advances not returned. The second way - to deal the donation contract. Less - 13-percent income tax. In addition, giving quite a stranger looks suspicious, especially if the share was sold recently, and now suddenly daritsya. The third way, a much more elegant - it's called "cleavage". The owner gives the prospective buyer some tiny fraction of their share - 1 / 100. Income tax for the donee becomes small. After that, the donee becomes the owner of shares, and has exactly the same with the other owners of rights to purchase shares of the remaining 99/100. Less - obviously suspicious transaction of the donation of 1 / 100. In addition, the transaction is stretched in time, may have differences among the participants. The fourth option - a loan with a fall-back. The parties entered into a contract of loan, the collateral which is the proportion in the apartment. Then, the debtor does not return the money, and bail becomes the property of the lender. Disadvantage - the owners of other parts can repay, and in this case the court is likely to recognize that the percentage should belong to them. Expert Commentary Valery Boychuk, Director General of the Academy "Lawyer": - The sale room in a communal apartment buyers and sellers often try to arrange a deal giving. It is vulnerable in terms of reliability, since such a transaction, you can optionally appeal in court. That's why real estate agents, of course, always advise against such moves, insisting on carrying out transactions in compliance with the law, despite the fact that this approach takes more time. However, to be honest, for many years in real estate, I can not remember when in reality, would someone win a lawsuit, recognizing the fictitious transaction donation room in a communal apartment stranger. In any case, even if the buyer and seller are constrained in the timing, it is better to decide in detail previously consulted with an expert and understand all possible consequences. Valery Starostenko, Deputy General Director of JSC "Municipal Housing Agency": - Buying a room in a shared flat in terms of legislation is a complex transaction and involves great risk. After all, we are talking about not only the buyer and seller, but a third party: co-owners, whose rights are protected Civil Code, and which may significantly complicate the transaction. Only a specialist can understand all the intricacies of the situation, to help negotiate properly, prepare the necessary requirements and documents necessary for legal registration of the sale. You can certainly save on the services of experts and do everything yourself and expect from this venture succeed, but adventurous variations in respecting yourself and your work Realtors do not find support. Natalia Lavrov, Executive Director of "Darko" - rooms cost an average of two times cheaper than the cheapest apartments, and the number of resales are usually more than two from the time of privatization. That is the story check for defects of previous transactions, be sure! The process of obtaining the contract of sale also requires additional effort on the part of sellers. After all, they must provide a notarized waivers co-owners of pre-emptive right of purchase, and if as a part-owner stands a child, you must provide permission from the municipality. Alas, the failure to collect can be problematic. However, a qualified specialist depending on the situation differently solves this problem. Sometimes it is enough to repair the mixer in the kitchen. In severe cases, to send requests to the notary with an offer to buy shares an apartment, waiting for answers over a month.