What do you need to sell a room in a communal apartment? How to quickly and profitably sell a room in a communal apartment? If you have problems

Selling a room is considered, according to experts, to be one of the most difficult real estate transactions, from a legal point of view. But they are bought willingly - because of the budget price as affordable housing, or by families moving away. Other types of residential real estate are significantly higher in cost. Even for a room in a “small family” you have to pay half a million more.

Main Buyers

The categories of citizens who decide to purchase living space are different. Their requests differ depending on the location of the property. If the room is located in Moscow or other big cities, then most of the buyers are visitors. The goal for them is to obtain metropolitan registration or city registration.

Another group in this segment are those who are counting on resettlement after the demolition of the house under the renovation program. In other cases, rooms are purchased for the purpose of investing funds and then renting them out. There are also owners of neighboring premises who want to buy the living space for sale in order to eventually become the owners of individual apartments.

Stages of selling a room

The rules for the sale of shared ownership properties, which include communal apartments, are established by law. The neighbors' rooms are their shares according to the law. The requirements established by Art. 42 clause 6 of the Housing Code and Article 250 of the Civil Code of the Russian Federation. According to the regulations, other owners can take advantage of the pre-emptive right to purchase living space in a communal apartment.

Before opening the procedure for selling a share, the owner must invite neighbors who own parts of the apartment to buy their property from him. Actions are documented and, preferably, by a notary. A letter of intent to sell a property is sent by registered mail to the neighbors' residential addresses. It specifies the terms of the transaction and the assigned price that the owner wants to receive from the sale. A month is provided for consideration from the date of receipt of the notice. If they do not express a desire, then they write a written refusal. The document is drawn up in Rosreestr or certified by a notary.

Where it is located, its area. Mark it on the apartment plan and attach it to the contract.

To accompany the agreement, draw up an act of acceptance and transfer of the room. It contains information about the seller and buyer, information about the room and information that the room was handed over in good condition. The act, together with the agreement, is submitted to the Rosreestr authorities for registration. You must have three copies of the agreement (for the seller, buyer and Rosreestr authorities) and three copies of the act.

Collect the remaining documents that need to be submitted to the Rosreestr authorities for registration. The buyer will need applications for state registration of the contract and transfer of rights to the room, a passport and a receipt for payment of the state registration fee. The seller will need to submit the same statements, a passport, a certificate of ownership of the room, an extract from the house register, the consent of the guardianship and trusteeship authorities if minors live in the apartment, the consent of the spouse to sell the room, a notarized refusal of the other owners of the premises in the apartment from the priority right to purchase a room.

Submit documents to the Rosreestr authorities. You can find out about their work schedule on the corresponding website: www.rosreestr.ru. After 30 days the transaction must be registered. The seller must receive from the Rosreestr authorities his copy of the purchase and sale agreement with the registrar’s mark, and the buyer must receive the same copy and a certificate of ownership.

Selling a room, especially in a communal apartment, requires a significant amount of time due to the specifics of preparing the transaction. In addition, the demand for rooms is much lower than for apartments, since when buying a room, a person also acquires neighbors with whom he will have to share common areas in the apartment.

To sell a room in a communal apartment, first of all, it is necessary to collect refusals from all owners of other rooms who have the right of first refusal to purchase the premises being sold. If not all rooms in the apartment have been privatized, then consent to sell the room must be obtained from the local administration. In cases where the co-owner is a minor or a disabled person, there must be consent to the sale from the guardianship authorities.

How to collect refusals from other owners

Notifications about the sale of a room are sent in writing to all owners of rooms in the apartment. In this case, the message must indicate the price at which it is planned to sell the premises. The fact that the letter was sent is confirmed by a postal receipt. Responses must be received within a month. If no response is received, it is considered that the owner agrees to sell the room. It is recommended to notarize the responses received with a refusal to purchase a room. If the location of one of the owners is unknown, you should contact the passport office, BTI or reg. service, or, as a last resort, send a notice of sale to the address of the communal apartment.

If one of the neighbors agreed to buy the room, then the purchase and sale agreement must be concluded with him. If several owners agree to purchase, the decision is made by common consent, and if agreement is not reached, it is made in court. Selling a room to one of your neighbors is the best way to sell a room quickly.

How to sell a room

When the refusals are collected, you should begin searching for a buyer and preparing documents for the transaction. To sell a room profitably, you should look for people interested in buying this particular room (for example, relatives of your apartment neighbors or residents of other apartments in this building).

The final price of the room in the purchase and sale agreement must be no less than the price for which the neighbors were offered to buy the room.

To sell a room, you must prepare the following documents:

certificate of ownership of the room indicating its size and the size of the entire apartment as a whole;

BTI certificate with an assessment of the cost of the apartment and the premises being sold;

agreement for the transfer of ownership of the premises (purchase and sale agreement);

certificate of absence of debt on utility bills;

extract from the house register;

copy of personal account;

refusals of neighbors from the pre-emptive right to purchase a room;

consent of the guardianship authorities (if minors are registered in the room).

Transactions for the sale of rooms undergo state registration in the same way as transactions for the sale of individual apartments.

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How to sell a privatized room in a communal apartment

Almost every city in our country has houses with communal apartments. For most city residents, the only way to get a room in a communal apartment is to buy it. This type of real estate is popular due to its low cost; up to 10% of all transactions for the purchase and sale of real estate on the secondary market are for communal rooms.

Instructions

First of all, the most popular options are in demand, that is, rooms in a large apartment of small size, but with many neighbors. You can find such a room both in remote areas of the city and in the very center, and the cost when purchased is practically the same. Liquid ones, located in sparsely populated apartments with no more than 3 rooms and with adequate neighbors, have become especially popular.

In fact, hardly anyone wants to live their whole life in a communal apartment, so first you need to decide why you want to get a room in this particular apartment. That is, do you intend to buy rooms from your neighbors in the future or move to another place in the future? After all, there is always an alternative, for example, a small apartment in a regional center or an apartment in a building under construction.

Any citizen of our country who needs housing, which is provided under a social rental agreement, can get a room in a communal apartment. To do this, you must not be the tenant of another residential premises under a contract or the owner of the residential premises. Family members should also not own residential real estate. In addition, families living in premises that do not meet established standards and requirements also have the opportunity to obtain a room.

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Buying a room in a communal apartment is a longer and more complex operation than buying a regular home.

Helpful advice

When inspecting your future home, be sure to get to know your neighbors, as you will have to meet them more than once a day. Pay attention to adequacy.

Selling a room is more difficult than selling an apartment. Because besides you, there are other people living there, whose rights must be respected. You must have good relations with your neighbors.

You will need

- documents for the room;
- passport.

Instructions

When you decide on the price, visit all your neighbors (the owners of the rooms in your apartment) and offer them to buy your room at this price. If you have good relations with your neighbors and they themselves do not want to buy your room, they must write you a waiver of the pre-emptive right to purchase your room from a notary. As a rule, payment for notary services is at your own expense, since you need it. If all your neighbors - room owners - are responsive and responsible people - you are lucky. It's just a matter of organizing and paying for the process.

If you have a non-peaceful relationship with your neighbors and they want to take revenge on you for something, or they are simply unkind neighbors, or are pursuing some of their own interests and refuse to go to the notary to sign the document you need, you will have to offer them in writing to buy the room at the specified price and send your purchase offer by registered or certified mail with an inventory to their place of residence. After all, it happens that the owners of the rooms do not live in their own, but rent it out to tenants. In this case, you will have proof that they have been notified by a postal receipt or acknowledgment of delivery of the letter. And if they do not respond to your offer within a month, this will mean their refusal.

Next you need to find technical documents for the room. And if, since 1998, it has at least once been the subject of sale and purchase, technical documents do not need to be submitted to the Registration Service (Rosreestr), since they are already there. An extract from the house register about registered persons is taken no earlier than 10 days before the transaction. You also need the consent of your spouse to sell this particular room, certified by a notary, if the room was purchased during marriage and not as a gift, not privatized, or acquired before marriage.

Then you draw up a purchase and sale agreement, sign it by the parties, pay the state fee and register the transfer of ownership in Rosreestr. Of course, make monetary payments, making sure to write a receipt in accordance with all the rules of civil law.

note

If one of the owners in the next room is a minor child, you will need to ask his parents to obtain permission from the guardianship and trusteeship authorities at the place of registration of this minor child to sell your room. If they do not want to do this, then write them a letter notifying them and after a month it will be considered that the refusal has been received. Only after you have collected all refusals or postal documents from all neighboring owners, can you offer to buy the room to a third party.

Helpful advice

If your neighbors don't want to buy the room at the price you're offering, it may be easier to lower the price. After all, you will spend a lot of time on paperwork and searching for new buyers, and this also requires material investments.

To find out how to sell a room in a communal apartment, you should decide on the rules that establish the status of property divided into shares. The procedure for the sale of common shared real estate by the owner is regulated by the rules of the Civil Code on the pre-emptive right to purchase living space by co-owners.

Legal status of the owner

The seller of a room in a communal apartment must have the necessary written confirmation on hand. This will be a certificate of ownership. The document indicates the area of the room, the presence of the type of property, encumbrances; information about the owner of the room.

The Civil Code of the Russian Federation does not contain any prohibitions on the ownership of a room by legal entities or municipalities.

A room in a communal apartment can be sold through public auction. This is possible if the owner has outstanding loans, and the bank forecloses on the common property.

If the remaining shareholders refuse to purchase such living space, then the bank has the right to demand through the court to hold an auction - in accordance with the rule of Part 2 of Art. 255 of the Civil Code of the Russian Federation. The forced sale of a room in a communal apartment for debts is also possible in the event of bankruptcy of commercial organizations and individual entrepreneurs.

Preparatory stage

According to the “Rules for the Use of Residential Premises,” the owner must treat the property in a communal apartment with care and make his share of payments for mandatory services - electricity, hot and cold water, sewerage, gas, heating. There is an obligation to make timely payments for major repairs.

If the owner decides to sell his part in a communal apartment, then it is advisable to have certificates that will confirm the absence of debt on the above mandatory payments. It is advisable to show these documents to the applicant for the purchase of real estate at the stage of inspection of the property.

Before selling, it is necessary to remove the encumbrances on the living space - mortgage, arrest - by paying off or writing off existing debts. The law does not prohibit the owner from selling part of a communal apartment as collateral, but the buyer must be notified of the existence of such restrictions - otherwise he may subsequently demand that the contract be invalidated.

The possibility of selling such real estate with encumbrances is established in Part 2 of Art. 460 of the Civil Code of the Russian Federation, i.e. The seller of a room in a communal apartment must transfer it free from the claims of third parties, unless the buyer himself agreed to buy the room with encumbrances.

If the room is rented out, the tenant has the right to continue to live in it even after the owner changes - until the lease expires.

When the owner has gathered his thoughts, paid for the “utilities”, and deregistered the persons registered in the room, it’s time to pay attention to the rights of the neighbors. This is required by law.

Features of interaction with neighbors

Selling such housing quickly can be difficult, since the shared owner is required to send written notices of his intention to neighbors. In one communal apartment there are both privatized rooms and shared real estate assigned to local authorities.

Municipal premises in a communal apartment are issued to citizens on social rent. They have nothing to do with the owners. In such a situation, a notification should be sent to the address of the local authority - city administration, housing inspection.

Procedure for notification and its form

The notice can be sent by regular registered mail to the actual location of the remaining residents who have the right to a communal apartment. They are the ones who have the right of first refusal.

The text of the notice should contain information about the cost of the room for which the owner wants to sell it, other nuances of the transaction - the method of payment with the seller, features of the living space - its area, ceiling height, possibly the presence of furniture and household appliances.

The law does not oblige you to issue a notification to a notary, but it is worth doing in the following cases:

if neighbors in a communal apartment do not react in any way to a regular letter;
if the neighbors do not agree to the purchase, but do not formalize their refusal in the required written form;
if nothing is known about the real location of the recipient of the letter;
if a neighbor in a communal apartment has died and the legal successor refuses to accept the inheritance.

As a general rule, if the neighbors did not respond to the notice within a month from the date of familiarization with it or refused to purchase at the proposed price, then the owner of the room can sell it to other persons.

Possible difficulties

The simplest option is when a neighbor refused to accept the letter, in which case it will be returned to the sender with the appropriate mark on the envelope. But a situation is possible when nothing is known about the location of the addressee.

Then it is enough to send a notarized notice to the address of his intended residence, although some experts recommend applying to the court to recognize the unknown absence of a citizen on the basis of Art. 42 of the Civil Code of the Russian Federation and Art. 276 Code of Civil Procedure of the Russian Federation.

This will cause additional expenses and is relevant if the cost of a communal apartment and its individual rooms is high and there is a risk that one of the neighbors will demand that the rights of the buyer be transferred to themselves.

Another difficulty is that the heir refuses to accept the inheritance. You can also turn to the court for help - file an application with the court to recognize the ownerless room as escheatable property, i.e. owned by the state and then send a notice of sale to the body that manages state real estate.

If the new successor neighbors have not registered an inheritance for part of the communal apartment, but continue to actually live in a separate living space and fully bear the costs of its maintenance, then they will be considered the actual owners, regardless of the availability of supporting documents.

“Gray schemes” - is it all that simple?

Situations are common when the shared owner of a communal apartment is interested in a quick transaction, but does not want to communicate with neighbors. Then some lawyers recommend doing the following:

donate a small share to an interested third party buyer, and then sell him the remaining part;
provide the buyer with “square meters” as collateral under a loan agreement, then intentionally fail to repay the loan, which will automatically become a reason for foreclosure on the property;
“sell” the room under a gift agreement, i.e. actually receive the money in your hands, and register the property as a gift from a tenant of a communal apartment.

All these methods are fraught with great risks. If you donate a share in the room itself, you may encounter a situation where the recipient refuses to buy the rest, but will have the right to live in a communal apartment.

If you register housing under a sham transaction, i.e. covering up the real intentions of the parties, then you may encounter opposition from neighbors who are really interested in buying shared real estate.

What happens after proper notification to neighbors?

It is assumed that part of the communal apartment is being sold legally and other shareholders have received proper notice. It is possible that one of the neighbors, a participant in shared ownership, will agree to buy the room at the proposed price and even offer a higher price in order to get rid of other legitimate contenders for the housing being sold.

Or all the neighbors will refuse to buy the living space at the price desired by the seller, but there will be another buyer for the room. In any case, sooner or later a citizen will appear with whom you can sign a contract for the sale of real estate - according to Art. 546 of the Civil Code, and the act of acceptance and transfer of real estate.

The contract should indicate personal information about the parties to the transaction, the value of the property (in numbers and in words). It is imperative to indicate that the part of the communal apartment being sold is not pledged. In the transfer act, it is advisable to indicate the actual living condition of the room and the absence of complaints on his part.

To register ownership rights, you must submit the following documents:

sales agreement;
act of acceptance and transfer;
information about notifying neighbors - copies of registered or notarized letters;
technical documentation for the apartment;
receipt of payment of state duty (in the amount of 1000 rubles) – Art. 333.33 Tax Code of the Russian Federation.

A notarized power of attorney may be attached to the documents if the registration is handled by a qualified intermediary. Money for a room should be received only after mandatory registration of property rights with Rosreestr. It is from the date indicated in the new “pink” certificate that the buyer will be considered the legal owner.

Selling part of a communal apartment will not cause difficulties if you properly notify neighbors about the transaction and find an interested buyer. If necessary, the services of qualified real estate agents or lawyers should be sought.

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This is stated in paragraph 6 of Art. 42 Housing Code of the Russian Federation.

By privatizing part of the apartment (living room), the owner receives the right to a share in the common areas. The owner can sell, donate a room, or make any transactions with it, while he transfers the right to a share in the common premises only together with the room. The owner of privatized housing (rooms in a “communal apartment”) must remember that the right of first refusal belongs to the neighbors. After a month, if none of the neighbors wants to purchase the room, it is put up for sale to other persons.

In order to sell a room in a communal apartment, several conditions must be met

A room in a communal apartment must belong to the seller on the right of ownership, whichconfirmed by a certificate of ownership and a document - the basis for acquiring ownership of the room (sale and purchase agreement, gift, certificate of inheritance).
If a room in a communal apartment belongs to several owners, it is necessary to obtain their consent in order to sell it. If one of the owners is a minor, then you need to obtain the consent of the guardianship and trusteeship authorities.
A room in a communal apartment is part of a single object - an apartment. All owners in a communal apartment own, by right of common shared ownership, common areas in the apartment used to serve more than one room.Therefore, it is necessary to take into account the right of first refusal that the owners of other rooms in a communal apartment have

In accordance with Part 1 of Art. 250 of the Civil Code, when selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of sale at public auction.

Thus, when selling a room, the owner is obliged to offer the purchase to the other owners living in this communal apartment. The offer price for selling the room to other owners must be identical to the price offered to third parties.

In accordance with Part 2 of Art. 250 of the Civil Code of the Russian Federation (Part 1) provides for the seller’s obligation to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he is selling it.

If the remaining participants in shared ownership refuse to purchase or do not acquire the sold share in the ownership of real estate within a month, the seller has the right to sell his share to any person (Part 2 of Article 250 of the Civil Code of the Russian Federation).

In this provision, the legislator has established a clear period during which the owners of other rooms in a communal apartment can purchase the room being sold.

Thus, the legislator relieved the seller of the obligation to obtain written consent from neighbors to sell the room.

To speed up the process, the seller of the room can try to obtain written refusals from the neighbors to purchase the room. Refusals must be properly executed: certified by a notary or registered with the body that registers rights.

You can also draw up written notices to each neighbor in a communal apartment and send them by registered mail with notifications. Notice of service letters with signatures from neighbors will indicate that neighbors have been properly notified.

Part 3 art. 250 of the Civil Code of the Russian Federation provides that when selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

In accordance with Part 1 of Art. 24 Federal Law “On state registration of rights to real estate and transactions with it”, when selling a share in the right of common ownership to an outsider, documents are attached to the application for state registration confirming that the seller of the share notified in writing the other participants in the shared ownership of the intention to sell his share with an indication prices and other conditions on which it sells. The application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and drawn up by the body carrying out state registration of rights or notarized. In this case, state registration of the right to a share in common property is carried out regardless of the period that has passed since the seller notified the share to the remaining participants in shared ownership. If the application for state registration is not accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase the share, the state registrar is obliged to suspend state registration until the expiration of a month from the day the seller notifies the remaining participants in shared ownership, if such period has not expired on the day of filing the application for state registration. Disputes between participants in shared ownership that arose during state registration of the right to a share in common property are subject to resolution in court.”

According to Part 2 of Art. 558 of the Civil Code of the Russian Federation, a contract for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.

Thus, during the state registration of rights to real estate, registry authorities require the seller to comply with the above rights of neighbors.

Failure to provide documents confirming the refusal of the remaining participants in shared ownership of the right of first refusal may result in a refusal to register your agreement (Article 20 of the Federal Law No. 122-FZ), which will make it impossible to formalize the transfer of ownership.

Thus, it is possible to sell a privatized room in a communal apartment only if the neighbors refuse the right of first refusal or if a month has expired after sending them notice of the sale of the room. If you try to sell a room in violation of the right of first refusal, the seller risks being denied state registration of the contract or starting litigation with neighbors.

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The owner determines the price and terms of sale for his room.
Notarized notification for neighbors indicating the price and that the room is for sale.
Collecting a package of documents necessary for selling a room.
Registration of permission to sell your share from a notary if the room belongs to several owners at once.
Checking out all residents from the room before placing the room, obtaining a certificate of discharge from the passport office.
Concluding a transaction, drawing up a purchase and sale agreement for the room with a notary.

How to get neighbors' consent

It is difficult to obtain consent from neighbors, which often leads to difficulties when selling a room, since the owners of neighboring rooms have a preferential right when selling a separate room. As a result, the sales process may be significantly delayed.

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By law, the seller must fulfill a requirement when putting a room up for sale, that is, first offer to buy out the neighbors’ share. To do this, you need to notify them in advance by writing a notice and handing it to neighbors or sending it to the address by registered mail with notification.

You should also know about putting a room up for sale:

The district administration or the Housing Committee in the case of neighbors living under a social contract. hiring
Guardianship department if there are room owners: disabled people, minor children.

You can notify your neighbors either independently or with the help of a notary, having issued and certified the notice to him. The notice should reflect your request that the neighbors write a written refusal to buy out the share.

The received refusal must be registered and certified by a notary. Within 1 month, neighbors may express a desire to buy out the offered share and inform the seller of this decision.

Consent to the sale of the room from the neighbors is not required; if within 30 days they have not given an answer, it means that they are considered to have refused the purchase. If the neighbors still want to buy the room, then they have a priority right to do so. The purchase and sale agreement will be concluded directly with them; selling to an outsider in such a situation is illegal.

It happens that 2-3 neighbors - the owner - want to buy the alienated room at once, then the seller has the right to decide independently to whom to sell the room, since the neighbors' pre-emptive right only applies to the purchase of the entire apartment, and for the price set by the seller.

The sale of the alienated room to an outsider is possible only at the price indicated in the notice or higher, but not lower. In case of undervaluation, neighbors have the right to challenge this fact and prove the illegality of such a transaction.

The buyer must be careful when drawing up the contract; the actual price of the transaction must be indicated in the notice. Many sellers are cunning, trying to lower the cost of a room in order to avoid paying taxes. Tricks of this kind are illegal; a purchase and sale transaction indicating a reduced price for a room can be challenged by neighbors, and the buyer will simply be left homeless.

1. What to do if you have problems with neighbors

Problems with neighbors arise frequently and are possible due to:

Refusal of neighbors to receive notification.
Keeping neighbors silent after receiving notification.
Unknown whereabouts of the owners from the neighboring rooms.
Neighbors living in other cities.

All these problems can be solved, the main thing is to know how to do it correctly.

2. Refusal of neighbors to receive notice of sale

If your neighbors refuse to receive your letter, it will be returned to you with the mark “refused to receive.” You also need to present the envelope to Rosreestr, thereby confirming that your neighbors ignored your notice.

3. Neighbors ignoring notifications

If your neighbors have received a notice but do not respond to it, contact a notary. The certified notification will be sent to the neighbors again and again. If they continue to remain silent, the notary will issue you with a certificate confirming the sending of this notice and the lack of response to it.

4. The location of the owners of adjacent rooms is unknown

Missing neighbors present particular challenges when selling a room. Only if a roommate is absent from the room for more than 1 year will it be possible to go to court and declare him missing. If your neighbor has been absent for more than 1 year, you can look for him yourself by contacting the passport office, the Federal Registration Service department, or the address bureau.

If the neighbor is not found on your own, you need to write a statement at the notary’s office indicating the reason for the application to recognize the neighbor as missing. Still, the pre-emptive right according to the law must be respected.

Court representatives will determine the reason for the citizen’s absence by interviewing neighbors and relatives and submitting a request to their possible location. If the absent neighbor is still not found, then the court will appoint a manager for his room, then the seller needs to send a notice to the manager and wait for a response to it.

5. Neighbors who own the room live in another city

If the neighboring owners do not agree to sell the room because they live far away, you need to contact a notary in another city and provide a certified notification that will be returned to you by mail. This will serve as the basis for conducting a transaction with an outside buyer.

6. The owner of the room neighbors died, and the heir does not enter into the inheritance

This situation is also problematic. Advice! File a claim in court. It is important to recognize the room of the deceased neighbor as escheat, going to the state. Local authorities will be required to accept this property on their balance sheet, and the court will determine an heir to whom you will send your notice of the sale of the room.

Documents for the sale of an apartment that is part of a communal apartment

Selling a room must go through the registration procedure, so you need to take care of collecting documents:

Passports of all persons who will participate in the purchase and sale transaction.
Certificate of removal of tenants from the apartment being sold.
Notices indicating the terms of sale and price.
Documents of an outsider, if he is presented as a buyer.
Purchase and sale agreements.
Explications.
Extracts from the BTI.
Cadastral plan for the alienated premises.
Certificate of acceptance and transfer of premises.
Title documents for the room.
Permission from a notary to complete a purchase and sale transaction from neighbors.
Permits from guardianship authorities in the presence of minor owners in the apartment.

After collecting documents, you can submit an advertisement for the sale of the room, draw up a purchase and sale agreement at the registration chamber. Next, you need to wait for a response from your neighbors, that is, wait 30 days, and then provide the newly sent notice to the registration chamber.

Once all the formalities have been resolved, you can begin to finalize the transaction, which is no significantly different from the usual sale of any other apartment.

What is the right of first refusal in a communal apartment?

According to Art. 250 of the Civil Code of the Russian Federation, it is the neighbors who have the right of preference if they wish to purchase an additional room. Based on the notice, they can purchase the alienated housing (share) on the basis of shared ownership. The priority right is valid for neighbors for 30 days. During this time, they can agree to purchase the share or refuse, indicating their decision in writing.

If there is agreement, a regular purchase and sale agreement is drawn up between the seller of the room and the neighbor, which then goes through the registration procedure with the registering authorities. If several neighbors agree to buy a room at once, the seller of the room makes the choice independently. The issue can be resolved through the court or by common agreement between all neighbors.

Many people try to get around the pre-emptive right when there are missing neighbors, or the time allotted for resolving problems with neighbors has expired. The main thing is that each neighboring room has an owner, and in some ways the right of advantage can be circumvented.

You can bypass the pre-emptive right:

Having concluded a gift agreement with the found buyer, that is, give the buyer a share in the apartment. There will be no need to comply with the pre-emptive right, because according to the law it does not apply to an unauthorized third party, although the rights of all neighbors remain the same.
By concluding with the new buyer not a purchase and sale agreement, but a gift agreement (without formalizing the transfer of money during the transaction). However, this transaction can be challenged by neighbors, the transfer of rights will be demanded to them, although when concluding a gift agreement, the rights and obligations of neighbors will not be violated, and therefore there will be no reason to challenge the property.
By exercising the right of pledge, concluding a pledge agreement and a loan agreement with the potential buyer. This is what creditors often do to get their money back. The right of priority does not work if the seller intentionally missed the deadline for repaying the loan, allowing the buyer to foreclose on the mortgaged property. All transaction schemes do not violate the laws, but if neighbors file a counterclaim, they can be considered void, although it is difficult to prove that the transaction is sham, because the rights of neighbors are not infringed, no one is encroaching on their property.

Selling a room in a communal apartment often causes difficulties, since there are several owners, and there will always be those who disagree for various reasons, in particular, personal hostility. Nevertheless, it is quite possible to sell your legal share, if you take into account all the nuances and act according to the law.

You may not be able to sell the room as quickly as you would like, but in this case the court will always be on your side.