How can you sell a room in an apartment. Selling a room in a communal apartment, a share in a communal apartment or a room in a dorm. Preemptive right to purchase a room in a communal apartment

25.02.2024

Selling a dorm room is similar in requirements and consistency to other real estate transactions. But still, there are some nuances that need to be taken into account when performing the procedure. How to sell a dorm room is described in the article.

Nuances

When answering the question of how to sell a room in a dorm, it should be borne in mind that such transactions cannot be carried out with living space if it is part of a specialized fund. But even from this situation there is a way out of the Housing Code of the Russian Federation. For example, it will be possible to sell the premises on the condition that after this it will become private property and will not be on the balance sheet of the municipality.

Is it possible to sell a dorm room if it is owned? Such a transaction is possible only if there are prepared documents and contracts. If the room is municipal, the owner needs to draw up a social tenancy agreement, which will be the basis for issuing a certificate of title in Rosreestr. Only with a certificate can transactions be concluded. You can sell your dorm room to intermediaries, who usually sell the property more profitably.

Start of registration

According to the law, the right to privatize a room that is needed for sale is exercised if:

1. The hostel is on the balance sheet of the municipality.

2. At first it was the property of the state.

3. The property is used for its intended purpose.

If 3 conditions are met, the individual needs to contact the municipality and conclude a social rent agreement, if it has not been drawn up before. Then the room needs to be privatized. The procedure is similar to the classic privatization of any real estate.

Going to court

How to sell a dorm room if it was not possible to privatize the premises? In this case, you need to go to court. You will need to file a claim and attach documentation:

1. Technical plan and passport.

2. A certificate from the Unified State Register, which confirms the basis for privatization.

If the claim is satisfied, the municipal body will not be able to disobey the court decision. After this, the owner can start selling the home.

Preparation

How to sell a dorm room quickly if it is registered as a property? For this transaction, a mandatory list of documents is required:

1. Certificate for the room, without which the sale will not be possible.

2. Extract from the house register about registered persons.

3. Grounds for obtaining ownership rights.

4. A copy of the personal account, if funds will be transferred by non-cash method.

5. Certificate of absence of debt for utilities.

6. Permission from the board of trustees for sale if a minor or incompetent citizen is registered in the room.

All specified papers must be obtained in advance, since each one takes 5-30 days to complete. After collecting documents, you need to look for a buyer. It should be taken into account that some papers have a limited validity period, for example, an extract from the house register is valid for a month from the date of issue.

How to sell a dorm room profitably? It is necessary to prepare not only documents, but also living space:

1. Remove furniture that will not be sold with the property. This is necessary to visually enlarge the room.

2. Carrying out minor cosmetic repairs.

3. Freeing the balcony from unnecessary things, if there is one.

4. Cleaning the premises, including bathrooms.

It is advisable to show the living space when the neighbors are not at home. This requires a calm environment. You need to talk to the buyer about the cost. It should be taken into account that the amount fixed in the contract does not change after signing.

Selling a dorm room is a difficult transaction, for which you need to think through all the nuances. First of all, this concerns the preparation of documentation. Only then will it be possible to implement it correctly and at a favorable price.

Sale to neighbors

You can sell a dorm room without intermediaries. To do this, you need to notify your neighbors about the upcoming deal. By law, they are priority buyers. If the owners of the remaining rooms want to buy the living space for sale, you should make a deal with them, and not with third parties. But the right to set the price and conditions remains with the seller.

To comply with the requirement, it is necessary to send out notifications to neighbors with notification of delivery one month before the date of sale. This is done through registered mail, or even better, with the help of a notary. In the future, it will be necessary to prove that no one wanted to purchase the property. The notice records the conditions, cost, characteristics, and address.

The owners of other rooms should be notified of the sale of real estate, and not everyone registered there. If there are minor children among the residents, you need to send notices to the guardianship authorities. To sell a room in a dorm, although you do not need to obtain the consent of your neighbors, you do need to offer them the opportunity to purchase housing.

Search for buyers

The following can be used to help sell a home:

1. Real estate firms. Although intermediaries charge money for their work, their assistance usually makes it easier to sell the property.

3. Special sites. Advertisements are published free of charge, as well as communication. There are many platforms for selling real estate. Additional services can be ordered for money.

5. Traditional methods. In small towns, regular advertisements, newspapers, and word of mouth are used.

The ad will be viewed by many interested parties, so it must attract attention. Therefore, it is important to assess the condition of the living space and indicate the advantages.

The speed of finding a buyer is influenced by many factors. It is much easier to sell a room located in an area with developed infrastructure. It will be easier to find a buyer if the property has all the amenities. To sell the room more profitably, renovations must be made. The view from the window is also of great importance. If you wish, you can sell furniture and appliances at a lower cost. But you should not reduce the price of the room, because then considerable funds will be lost.

Sales procedure

After 30 days have passed, the property can be sold. The buyer can be either a neighbor or a third party if the other residents do not want to buy. If you receive refusals from the owners before a month, you can sell the room after receiving these papers. It also happens that several people want to buy a home. The right to choose a buyer remains with the seller.

The seller is not obliged to notify relatives and family members about the plans if they are not co-owners, but only residents/registered. But this is a matter of ethics and relationships between people. And the written consent of the co-owners is required. You can sell two dorm rooms this way.

What should a seller consider?

It is necessary to remember some features of the procedure:

1. It is not necessary to provide a technical passport at the time of concluding a contract, since a cadastral document serves as its replacement.

2. A certificate confirming the absence of debt on utility bills is required by the buyer only to reassure him.

3. Certificates from the house register and expert assessment reports are not considered valid for an indefinite period, so it is advisable to receive them after the details of the transaction have been agreed upon and the seller has received an advance payment.

4. If the surnames on the papers do not match due to the registration of a marriage or its dissolution, you must submit papers confirming the official change of surname.

5. Before signing the agreement, it is advisable to show it to a notary and, if necessary, record changes.

Of course, each situation has its own characteristics. It is often difficult to cope with them on your own without experience in this field. Then you should seek help from specialists. Their work is much cheaper than the risks that people take to make unjustified savings.

Today, many Russians are the owners not of an entire apartment, but of a room or a share. This is due to joint privatization, as well as various exchange transactions with real estate. Often living in such a living space, especially if the neighbors are relatives, does not cause much trouble for the owner. The main difficulty begins when you think about how to sell a room. Firstly, because the majority of Russians do not consider such housing a worthy option, even without the funds for a separate apartment. Secondly, the success of the transaction directly depends on interpersonal relationships with neighbors. You will learn about the legal subtleties when selling a room and ways to successfully negotiate with other tenants from this article.


Where to begin?

In order to sell your room in an apartment profitably and within a reasonable time, you can take the following action plan as a basis:

The features of each stage are determined by the characteristics of your room. Depending on the specific situation, you can seek the help of a realtor or real estate agency. Now let's take a closer look at each of the listed points.

Action 1

Room rating

The starting point when selling a room in an apartment is to determine its value. As a rule, the decisive factors when setting a price are:

  • Square footage of the room;
  • Total number of rooms;
  • Location of housing;
  • Number of neighbors;
  • The size of your share in the total area of ​​the living space;
  • Sales exposure period. An important factor that inexperienced sellers often forget about. The fact is that the longer your property is on the real estate market, the less attractive it becomes to potential buyers. In addition, while waiting for a profit, you may miss out on those who are ready to urgently buy your room.

You can determine the approximate cost of a room without the help of professional appraisers. To do this, you should use one of the many real estate databases, for example, such as on the site GdeEtoDom.RU. By setting all the basic parameters, you will have access to advertisements for rooms for sale. This way you can get an idea of ​​how much similar rooms are valued on the real estate market in your city.

Tip: If you need to sell a room urgently, be prepared to set a lower price than your competitors.

Act 2

Preparing a room for sale

The main feature of selling a room, as opposed to a separate apartment, is the dependence on the other owners of the joint living space. The fact is that, according to Art. 250 of the Civil Code of the Russian Federation, your neighbors have a pre-emptive right to purchase. This means that before submitting an ad or contacting a real estate agency, you are obliged to inform them of your desire to sell the room and provide the exact conditions (price, terms). Moreover, we are not talking about oral agreements, but about notification in writing, which should be sent by registered mail. And the most reliable option would be to obtain a notarized refusal. If there is no opportunity to sell the room to your neighbors, you can start looking for a third-party buyer. It is best to discuss with your neighbors in advance the issue of completing the necessary papers in order to quickly sell your room later.

Important: The issue of agreeing on a deal with your roommates often turns into a difficult task. This applies to cases where the whereabouts of some owners are unknown or one of them deliberately slows down the sale by avoiding receiving notifications.

Act 3

Putting a room up for sale

Having your neighbors' refusal in hand, you have the opportunity to sell your square meters to anyone. On the one hand, this gives you the necessary freedom of action, on the other hand, the question arises of where and how to look for buyers.

Before you start inviting people to view the room, it is better to warn your neighbors about this, because they can make a negative impression and scare away the buyer. It would be a good idea to once again clarify the procedure for using common areas. This will help prevent “kitchen wars” with new tenants. A small cosmetic renovation will help improve the “presentation” of the room. However, you should not undertake large-scale and expensive work: it is not a fact that the taste of the future owner of the living space will coincide with yours. Before the next person who wants to inspect the room comes, the room should be put in order. Remove unnecessary things that create a feeling of clutter. Keep common areas clean.


How to sell a room yourself?

If you decide to search for a buyer relying on your own, there are several options available. Among them:

  • Placing information in the real estate database;
  • Placing advertisements for sale on specialized portals, in the media and online publications.

Advantages:

  • Reduced costs. You don't have to pay for the services of intermediaries;
  • The opportunity to form your own opinion about a potential buyer.

Placing information about the room in the real estate database will allow you to present the property for sale in the most favorable light. You will be able to indicate the exact location of the residential building, list all the main characteristics of the apartment, attach photographs and contact information.

Flaws:

  • This method requires free time;
  • You will have to independently monitor all legal aspects or consult with a specialist.

Many sellers don't take the visual presentation of their property very seriously. However, blurry photographs taken in a hurry can completely discourage the desire to see the apartment “live.” Before photographing, you should remove all unnecessary objects (clothing, dishes, children's toys) from the frame. It is best to shoot during the day in natural light. If you want to capture the view from a window, choose a time of day when you can take the photo without glare. Try not to attach more than 10-15 photos to your ad.


Do you need the services of a realtor?

If you do not have time to independently search for a buyer and organize a pre-sale inspection, you can resort to the help of a realtor or real estate agency. Specialists typically have large client bases and can help present your property in the best possible light.

Important: Even if you have a total lack of time, you should not choose a real estate agency just by visiting its website on the Internet. Only with a personal visit to the office can you evaluate the success of a realtor and the quality of the services provided.

Advantages:

  • Opportunity to save energy and time;
  • Safety. Most agencies offer risk assessment services when making a transaction.

Flaw:

  • Quite a high cost of services.

Advice: If you are going to sell several rooms in one apartment at once, try to find one buyer for them. This will significantly simplify the transaction process.

Act 4

Collection of necessary documents

Having found a buyer and reached a preliminary agreement with him, you should make sure that you have all the paperwork necessary to conclude a contract. To complete the transaction, you will need to prepare the following package of documents:

  1. 1 passports of the parties to the transaction;
  2. 2 title documents (sale and purchase agreement, donation agreement, etc.);
  3. 3 certificate of state registration of rights;
  4. 4 an extract from the Unified State Register of Rights confirming the absence of an encumbrance;
  5. 5 written confirmation that other owners have been notified of the sale (letter, telegram). If a month has not passed since the notification, a notarized refusal is required.

Action 5

Conclusion of a purchase and sale agreement

When making a transaction, pay attention to the correctness of the contract. It must indicate: the exact address of the property, price, passport details of the parties without errors or typos. The signed agreement along with other documents is sent for registration. It is carried out by the Rosreestr authorities at the location of the property and takes a month from the date of submission of documents. It is also worth preparing in advance for the procedure for transferring money. The most popular and reliable way is to rent a safe deposit box. The buyer places funds in it, and the seller gains access to them only after registering ownership.

One of the pitfalls is concluding a gift agreement instead of registering a sale and purchase. For example, it is proposed to use this move when, for some reason, it is not possible to obtain neighbors’ consent to a deal. In this case, the buyer is given a couple of meters in the room, and he buys the rest, using the preemptive right. Under no circumstances should you participate in this scheme: such a deal can easily be challenged in court. In addition, you risk becoming a victim of fraud and having uninvited guests in your living space.

  1. The owner determines the price and terms of sale for his room.
  2. Notarized notification for neighbors indicating the price and that the room is for sale.
  3. Collecting a package of documents necessary for selling a room.
  4. Registration of permission to sell your share from a notary if the room belongs to several owners at once.
  5. Checking out all residents from the room before placing the room, obtaining a certificate of discharge from the passport office.
  6. 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:

  1. The district administration or the Housing Committee in the case of neighbors living under a social contract. hiring
  2. 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:

  1. Refusal of neighbors to receive notification.
  2. Keeping neighbors silent after receiving notification.
  3. Unknown whereabouts of the owners from the neighboring rooms.
  4. 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:

  1. Passports of all persons who will participate in the purchase and sale transaction.
  2. Certificate of removal of tenants from the apartment being sold.
  3. Notices indicating the terms of sale and price.
  4. Documents of an outsider, if he is presented as a buyer.
  5. Purchase and sale agreements.
  6. Explications.
  7. Extracts from the BTI.
  8. Cadastral plan for the alienated premises.
  9. Certificate of acceptance and transfer of premises.
  10. Title documents for the room.
  11. Permission from a notary to complete a purchase and sale transaction from neighbors.
  12. 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:

  1. 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.
  2. 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.
  3. 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.

How to properly sell a room in a communal apartment in 2019 is described in detail in the current legislation of the Russian Federation.

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Knowing the existing features, you can eliminate the possibility of various misunderstandings with all the ensuing legal consequences.

Every year the number of communal apartments decreases. This is largely due to the fact that most of these residential buildings are in disrepair and are subject to demolition.

Despite this, there are still a considerable number of communal apartments in Russia. Many owners of rooms in communal apartments are trying to sell them for various reasons. Let's take a closer look at the procedure for selling a room in a communal apartment.

Basic moments

Initially, you need to pay attention to some features that are directly related to the purchase of a room in a communal apartment before signing the relevant agreement:

The seller must prepare a notice to other room owners It is necessary to pay attention to the fact that if the owner is a municipality, then it also needs to be notified of your intentions
Upon obtaining the consent of one of the neighbors It is impossible to formalize the transaction, since this would be contrary to Russian legislation
During the period of obtaining legal rights to the room after its acquisition The new owner must receive square meters from the total living space in the apartment (in particular, from the bathroom, kitchen, toilet). You can find out the size in advance by referring to the documentation provided by the seller.

It must be remembered that the sale of a room in a communal apartment on the external market is significantly complicated by the presence of a pre-emptive right, the owners of which are the rest of the tenants.

The main essence of the pre-emptive right is that, first of all, before proceeding with the ownership procedure to third parties, it is mandatory to make an offer to purchase to neighbors.

It is extremely important to remember that similar sales terms apply. A proposal of this kind can be drawn up in any form.

Based on the letter received, immediate neighbors must:

  • provide the refusal in writing;
  • make a decision to purchase the proposed property;
  • ignore the response for 30 days.

If the answer is ignored, this allows us to talk about the possibility of concluding a deal with third parties.

How can you prove ownership?

To be able to initiate a transaction to transfer real estate to another person, it is extremely important to have the appropriate rights.

On the territory of Russia, in accordance with legal norms, a certificate is considered to be a document capable of confirming ownership of a residential property.

Starting in January 2017, owners are issued an extract from the property, which serves as the legal basis for obtaining a certificate of ownership.

List of documents to be prepared

On one's own

If you independently try to sell a room in a communal apartment, in 2019 you must adhere to the following mechanism of action:

  1. Initially, an assessment of the cost of housing is carried out.
  2. After this, it is necessary to obtain written consent from the neighbors in the living space.
  3. Next, the process of searching for buyers who have expressed their interest in concluding a transaction is initiated.
  4. After this, it is necessary to assemble a package of mandatory documentation and conclude a purchase and sale agreement.

The procedure for assessing the market cost of living space and determining the real value upon its further sale is rightfully considered the success of the transaction.

The cost of real estate directly depends on such basic parameters as:

  • footprint;
  • number of neighbors living nearby;
  • level of infrastructure development;
  • territorial affiliation;
  • the general current condition of the apartment building and apartment in particular.

If you want to conclude a deal as quickly as possible, it is recommended to carry out cosmetic repairs before selling. This will have an especially positive effect if the neighbors’ rooms look worse.

In most cases, during the implementation of a residential property, difficulties may arise that are directly related to the intractability of neighbors.

In any situation, it is imperative to respect the neighbors’ preemptive right to purchase housing. It is in this case that the transaction is legal under the law.

Before proceeding with the procedure for selling a room, it becomes necessary to provide written notification to other owners regarding the existing intention to sell the property.

It is extremely important to indicate the terms of the transaction, in particular:

  • full cost;
  • terms of provision and so on.

Property owners are given exactly one month to make an appropriate decision regarding the possibility of purchasing housing or to refuse.

If there is no desire of the owners of the rooms to purchase the seller’s housing, then, in accordance with the norms of Russian legislation, you can proceed with the sale to third parties who have expressed personal interest.

In the case of searching for buyers, there is no single answer to this question. You can find clients:

  • on one's own;
  • or using .

In this situation, it all depends on whether the seller himself is ready to spend his personal time on assembling the necessary documentation and whether he has at least basic knowledge of the legal side of the transaction.

If you try to find clients on your own, it is recommended to take the following steps:

  • place an appropriate ad on numerous websites and in the real estate database in particular;
  • Submit an advertisement in newspapers and other similar magazines.

The main advantages of selling a room independently are considered to be the absence of additional financial costs and the ability to personally negotiate with direct buyers.

The negative side is the need to spend personal time, since everything needs to be done independently.

Through a realtor

If the seller has no desire to spend his time searching for potential buyers, or lacks at least basic knowledge of the legal side, contacting a professional realtor is considered the best option.

Such specialists have sufficient skills in working with real estate, which is why they can:

  • put together a package of documents, without which the transaction is impossible;
  • negotiate with buyers;
  • finding clients - having a client base for a real estate agency is not difficult.

The main advantages of using it are considered to be the ability to save personal time, as well as providing guaranteed protection from possible buyers who pretend to be buyers.

In addition, it is possible to avoid the behavior of personal negotiations - if sellers, for example, do not know how to behave in a given situation.

Disadvantages include the need to pay for the provision of intermediary services. Selling a room in a communal apartment in Moscow in this way is a guarantee to avoid falling for scammers.

How to sell a room in a communal apartment without the consent of neighbors

Neighbors in a communal apartment do not always express their consent to a legally significant transaction and the subsequent move-in of citizens unfamiliar to them.

It is for this reason that refusal can often be heard. In this situation, it is possible, in accordance with Russian legislation, to use several methods without obtaining prior consent, in particular:

It is necessary to pay attention to the fact that each indicated scheme includes personal characteristics.

In the first option, it is necessary to sign an agreement with those citizens who, after the deed of gift procedure, do not decide to refuse to sign the agreement regarding the purchase of a room, otherwise the housing will remain divided into several owners.

In the second situation, the interested citizen reserves the right to go to court in order to demand recognition of the transaction as sham. In this situation, it is considered invalid.

Emerging nuances

During the period of concluding a transaction for the purchase and sale of residential real estate of this type, numerous features may arise.

Do I need a notary?

In 2019, during the sale of a real estate property, there is no need for mandatory notarization.

At the same time, in order to protect personal interests, having previously agreed upon the treatment with clients, it is possible to contact a notary.

In this case, employees of the notary authority will initiate verification of the authenticity of the information provided in the contract and will confirm its correctness.

In addition, do not forget about the possibility of contacting a notary office in order to make settlements between the parties to the transaction.

Is the transaction taxable?

Many citizens do not know whether they need to pay tax on a concluded transaction or not.

In this case, it is necessary to remember that due to the fact that during the sale of the room the owner receives a kind of income, in accordance with the norms, a tax of 13% will have to be paid on the income received.

Video: how to sell a room

Tax exemption is provided for the sale of residential real estate only if ownership was obtained 3 or more years ago.

What to do if the room is privatized

A communal apartment can be not only in full, but also in part, and the remaining share can be used as a right.

It must be remembered that the sale of a room in a communal apartment is possible only by the owner or an authorized representative on the basis of a notarized document.

In other words, if the owner has expressed a desire to sell a room, it must be privatized or received as a gift.

The sale of a non-privatized room can only be initiated through an exchange for similar real estate.

The definition of “exchange” means a special form of agreement between the direct tenants of the rooms under a rental agreement in full accordance with the rules.

A special role in this situation is played by authorized representatives of local executive authorities.

Without obtaining prior consent from the direct lessor, it is impossible to carry out the procedure for exchanging such real estate under Russian law.

Is it possible to exchange

As noted earlier, Russian legislation allows for the possibility of exchanging rooms if citizens express such a desire.

The main criterion for concluding this type of transaction is:

  • availability of privatized housing;
  • or the existence of rights to own it.