You want to sell the room in a communal flat? Warn neighbors!
If you the happy owner of the apartment, then this article, most likely, not for you. But it is worth remembering that in case the apartment is in share property, and you, perhaps, sometime should sell the share, then the rules described in this article are applicable also for you.
So what to do if the decision on sale of the privatized room in communal flat is made ?
The first that the seller needs to make, it to notify other residents of a communal flat on sale of the room. According to the Housing code of the Russian Federation “ at sale of the room in a communal flat other owners of rooms in this communal flat have the privilege of purchase of the alienated room in an order and on conditions which are established by the Civil code of the Russian Federation “. by
it is Also legislatively fixed that the right of purchase is possible only at the price at which it is on sale, and on other equal conditions. Thus, except the privilege to purchase, owners of other rooms of other prerogatives upon purchase of the room have no.
The seller is obliged to inform in writing other owners of rooms in a communal flat on the intention to sell the room to the stranger with the indication of the price and other conditions on which he is going to sell it. At the same time neighbors have exactly a month from the date of such notice to show the willingness in implementation of the privilege to acquisition of the sold room.
If the seller does not want or cannot wait for will of owners the whole month, then he can appeal to neighbors to give written refusal of purchase of the room. At the same time such refusal is made out or in the body which is carrying out the state registration of the rights for real estate or properly certified at the notary. In that case the seller can not observe the required monthly term.
In addition it is worth paying attention that consent of neighbors per se to sale of the room to the other person is not required on condition of observance of the above-stated order.
If at sale of the room the seller violates the privilege of purchase, any other owner has the right within three months to demand in a judicial proceeding the translation of the rights for it and duties of the buyer. Thus, the neighbor in a communal flat can become the buyer of the room in a judicial proceeding even if the room already has a potential buyer.
The legislator establishes the additional requirement at the conclusion of the contract of purchase and sale of real estate. So, the contract of purchase and sale of inhabited property including its parts, is subject to obligatory state registration and is considered the prisoner from the moment of such registration. When entering record into the Unified State Register of Rights on real estate, registering body puts down on the Contract a stamp with the corresponding requisites.
But it should be noted that in that case if the room, that is part of premises is on sale, then the registering body on the basis of the relevant law without fail will demand from the applicant of providing the documents confirming observance of the privilege of purchase of owners of the neighboring rooms in a communal flat.
If such documents are not provided, then you quite lawfully are refused in registration of this transaction that will make impossible registration of transition of the property right.