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Sep 21, 2022
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We buy a room in a communal apartment: step by step instructions

We buy a room in a communal apartment: step by step instructions

Many citizens, having accumulated some funds, cannot decide how to use them in our difficult time.

A great many swindlers are trying to take away these funds from us. In order not to give them such an opportunity, you need to be very careful and not get involved in dubious adventures.

According to experts, today the best way to invest small capital is to buy real estate. Yes, ordinary citizens, as a rule, do not have enough money to purchase a separate living space or a country house. But we may well buy a room in a communal apartment or hostel. And in order to make a profitable investment and then there are no misunderstandings, you need to be aware of some of the nuances, risks and pitfalls of such transactions.

WHAT IS IMPORTANT TO KNOW

Keep in mind: from a legal point of view, the procedure for buying a room is more complicated than buying an apartment. The main fundamental difference is the need for waivers of the priority right to purchase from neighbors who own other rooms.

If the right of first refusal is violated, the transaction may be invalidated within three months from the date of registration. You should also pay attention to the fact that the sale takes into account the interests of all homeowners and persons registered in it. Of particular difficulty are cases where among the owners there are minor children or spouses who were married at the time of purchase of housing, or one of the owners has died, and the heirs have not yet entered into ownership. In such a situation, you should seek the advice of an experienced realtor and lawyer.

Be sure to check the legality of ownership of real estate and the circumstances under which it was acquired. For a room in a hostel, it is important that it be privatized before being sold, and for a room in a communal apartment, it must be purchased at least three years ago (the general limitation period).

PROCEDURE

Stages of acquiring a room in a communal apartment or hostel:

  • inspection of the room, acquaintance with neighbors;
  • verification of documents and their authenticity;
  • refusals of neighbors;
  • conclusion of a contract of sale;
  • registration operations;
  • signing the act of acceptance and transfer, handing over the keys.

During the inspection, pay special attention to the condition of the room itself and common areas. It will not be superfluous to know when the last replacement of communications and meters took place, what furniture or appliances the owners plan to leave. It is also necessary to establish the exact number of neighbors actually living in the apartment, to ask if there are any drinkers, aggressive or insane people among them.

THE DOCUMENTS

The seller must have the following documents:

  • original passport of the owner;
  • the original document of title to the ownership of the room (certificate of registration of ownership or extract from the USRN);
  • the original of the document confirming the basis of ownership of the living space (purchase and sale agreement, will, donation or exchange agreement, privatization document);
  • original cadastral passport of the premises (issued by Rosreestr when registering housing for cadastral registration);
  • original technical plan of the facility (issued by the BTI);
  • certificate of the absence of debts for utility bills (taken from the accounting department of the HOA or housing office);
  • original certificate in form No. 7 and No. 9 (available at the passport office). Certificate No. 7 indicates the characteristics of the occupied living space, and Certificate No. 9 contains information about all registered persons. Certificates at the time of presentation should not be older than two weeks.
  • refusals of neighbors from the priority right to purchase or notification of the sale of a room (refusals are made by a notary, notifications are sent by registered mail by mail).

During the verification of documents, it is necessary to verify the data in the owner’s passport with the data in other documents. If the surname was changed after the conclusion or dissolution of marriage, a notarized certificate of this will be required. If the owner acts through a trustee, the latter must have a notarized document.

From the buyer, if the purchase is made for cash, it is enough to have a passport. In the case when he attracts borrowed funds, you will need a mortgage loan agreement, certificates or subsidies. They must be presented before the conclusion of a preliminary contract for the purchase of real estate.

FAILURE NEIGHBORS

As we have already said, it is possible to sell living space to a third party only when none of the neighbors expresses a desire to purchase it. There are two ways to get rejection from neighbors:

send registered letters with a notice of sale. The notice must include the characteristics and address of the property, price and terms of sale. If, after 30 days, none of the owners wants to buy the room, their actions will be equated to a refusal. If there are non-privatized rooms in a communal apartment, before selling, an information letter should be sent to the city municipal property management authority;

contact the owner with a notary public for the preparation of a written waiver of the priority right to purchase. This method is faster, but requires the direct participation of neighbors, which is not always possible.

Inga Gerasimenko

Photo: ADOBESTOK

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