Transactions with rooms of
Fundamental difference of transactions with rooms in communal flats from transactions with certain apartments is caused by existence of other rooms and their owners, or employers in communal flats. Questions of privatization and carrying out transactions with rooms in Moscow it is regulated by the legislation of Moscow (The law of the city of Moscow No. 24 of June 16, 1999). Now in Moscow privatization of the certain room in a communal flat is allowed and permission of neither other employers (neighbors), nor the owner of housing stock is not required. However for sale of such room the consent of neighbors and municipal structures will be required.
three options Can be i>:
- first - all rooms are privatized; all rooms are not privatized by
- third - in the apartment both those, and others are.
, or cannot receive data on form of ownership of all areas in the apartment from neighbors, then it is worth addressing to the Federal Registration Service and to take an extract in which all owners, owners of rooms are listed and also presence of not privatized areas is specified.If all rooms are privatized by
If in your communal flat all rooms are privatized, then neighbors have rights of primary purchase of your room (article No. 250 of the Civil Code of the Russian Federation), but if they do not want to use it, you will be able to sell the room to any other person (but is not cheaper, than offered neighbors). Disclaimer of primary purchase has to be notarized. The notary will make the formal notice in which all terms of sale of your room are stated, including the price, and also makes a reservation that lack of the answer within a month is regarded as disclaimer (the item. 2 articles No. 250 of the Civil Code of the Russian Federation).
the Notice goes the registered mail with the obligatory notice of receiving, i.e. your neighbors have to undersign at its receiving, and in a month in case of their refusal from their party or silence, you can sell the room. If you do not inform your neighbors on sale of the room, then any of them who is the owner of a share in the apartment has the right within three months to demand in a judicial proceeding the translation of the rights for it and duties of the buyer (item 3 of article No. 250 of the Civil Code of the Russian Federation).If rooms are not privatized by
If all apartment is not privatized, you cannot sell the room since it is not your property and belongs to the city. At an exchange with participation of minor children, their rights should not be struck (article 60 RF IC). To such exchanges guaranteed special attention from bureau of an exchange, agencies of guardianship, notaries. The state also developed measures for protection of citizens of so-called risk group which living alone citizens (women after 55 years, men after 60), the disabled people of I and II groups, persons recognized as incapacitated enter or is limited capable (article 26 - 40 Civil Code of the Russian Federation).exchanges From another town are made by
only with a condition of equal number of the driving and leaving persons from the city of Moscow; the citizens who do not have continuous registration and not having citizenship of the Russian Federation, and also the person without citizenship cannot be participants of an exchange.
Both those, and others
At sale of the privatized room and existence in a communal flat of not privatized areas, also the city as the part of the apartment is in municipal property, and other employers living in this apartment has priority rights of purchase. How to be refused from the city? You need to apply in a regional justice for permission to sale of the room to the third parties, and for refusal of the privilege of purchase as soon as you receive these documents, you can sell the room. It is also necessary to be ready to the fact that the justice can demand a consent of other employers of rooms. And, of course, if in the apartment besides you there are still owners of rooms - it is necessary to be refused from them.