How to buy a room in Moscow

G. Alekseev Author of the article
Operations with rooms - communal or dorm rooms - are classified as complex. To successfully carry out such alienation, and even quickly, you should not rely on yourself, but rather entrust the issue to a real estate agency. They will not only find a profitable buyer and convince him to purchase your option, but will also quickly resolve the issue of finding the necessary papers.

The necessary conditions

In order to sell a dorm room, you will have to meet a number of specific conditions:

1. You are the sole owner. If there was no privatization, the square meters are officially considered municipal housing. Then it can be exchanged or sold, first privatized (RF Law No. 1541-1). If the hostel belongs to the departmental category, then the plan will not succeed at all.
2. Participants in the transaction have no restrictions on sanity.
3. If the issue involves the interests of minor co-owners, you will have to obtain the consent of the board of trustees and only then proceed with alienation.

If the room was purchased during an official marriage, you must obtain the consent of your life partner.

Non-privatized living space can be transferred to private ownership in accordance with the general procedure, by concluding an agreement with the municipality, or through the court.

What information you need to clarify before purchasing:

• How many people are registered in this apartment and how many of them live.
• Do the owners of the remaining rooms have a desire to improve living conditions at the expense of the housing being sold?
• How and on what grounds do neighbors use common property.

It is important to make sure that all owners of communal housing have refused to buy out. A purchase and sale is considered legal if it is made on terms identical to those offered to neighbors. If one of the rooms of a communal apartment is owned by the municipality, then local authorities also have the right to lay claim to the living space being sold.

If the owner of any rooms died, then the heirs must refuse the ransom. Within six months from the date of death of the owner, they have the right to claim rights to the property. A purchase without their consent may be contested, and rights and obligations will be transferred to the heirs.

It makes sense to talk to the residents of apartments nearby in order to find out information about the owners of the room and inquire about the past of the property. For the same purpose, you can request a detailed extract from Rosreestr, namely the history of the transfer of rights, in which past transactions will be visible.

Algorithm

The entire sales process, starting with privatization, will consist of several stages:

• clarification of the status of the hostel with the administration;
• privatization (if required);
• contacting a real estate agency or posting advertisements on information platforms yourself;
• collection of necessary documentation;
• candidate selection;
• drawing up a purchase and sale agreement;
• payment of state duty;
• registration of property in the Cadastral Chamber;
• handing over the keys.

Selling a room requires the mandatory participation of a notary.

Transaction agreement

A standard contract form can be found on the Internet, Rosreestr offices or from realtors. The document must include:

• date and place of compilation;
• passport information of the parties to the transaction (last name, first name, patronymic, date of birth, series and number of passport, when, by whom it was issued, address of permanent registration);
• characteristics of the object of the transaction (area of ​​the room, exact address, where it is located, on what floor of which building, the number of utility rooms, their characteristics (especially for public spaces);
• information by what right the owner owns the room (when and by whom the title documents were issued);
• transaction price;
• terms of transfer (cash or non-cash);
• clause on additional conditions;
• signatures.

The agreement is drawn up in two copies - one for each participant, after which it is endorsed by a notary. Then you can proceed to registration of the transaction in the Cadastral Chamber. To do this, you will need to pay a fee and collect a package of papers.

Documentation

The owner will need:

• general civil identity card;
• privatization agreement;
• extract from the Unified State Register of Real Estate;
• technical plan;
• a copy of the financial and personal account;
• extract from the house register;
• certificate of absence of debt on utility bills;
• paid receipt of state duty (Article 333.33 of the Tax Code).

The buyer only needs two documents: a passport and the consent of the marriage partner for the purchase. The latter is not mandatory, but it is highly desirable so that the purchase cannot later be challenged by the husband or wife of the future owner, citing neglect of their rights (Article 35 of the Family Code). Increasingly, Rosreestr refuses to register a transaction if this document is not presented.

A representative of Rosreestr will check the package of papers and take it away, in return issuing a receipt with the registration end date. The issue usually takes up to ten days from the receipt of the correct set of documents. On the appointed day, the new owner comes to receive an extract from the Unified State Register in his name. From this moment on, he is the absolute owner of the property and has the right to mortgage it, donate it, exchange it or resell it.

Quickly selling a corner in a hostel, if you are not masterful in sales techniques and finding clients, is only possible by contacting a real estate company. You won't have to worry about questions from bidders or whether your sale is legitimate. Professionals will take care of all these issues.

What troubles need to be taken into account?

When purchasing part of the property in any apartment, you may encounter difficulties. The main feature is that the area is acquired by all living people together. To avoid any serious consequences, you need to check all the documentation and also get refusals from your neighbors. But, nevertheless, it is worth considering in detail all the pitfalls.

These include the following features:

1. Communal apartment. Before completing the transaction, check all the accompanying papers. If the transaction takes place with a power of attorney, then all transactions must be genuine. In addition, you need to pay detailed attention to ensure that the owner of the room is legally competent. To do this, he will need a certificate from a neurologist and psychiatrist. In addition, unauthorized persons must not be registered. Don't forget about debt obligations. They should be absent here.

1. Neighbours. This is another pitfall that can occur to absolutely every person. Many of the residents may be blackmailed with a certain amount of compensation so that they formalize the refusal. This cannot be done, because it is not legalized, and then you will have even more problems, giving away large sums of money in the future.

1. Preparation of paperwork. You need to remember that no matter how many rooms you purchase, common areas remain. They have separate rights. These rooms include the bathroom, toilet and kitchen. The owners of this premises are not specified in the contract, and the rights are distributed equally.

1. Loan or installment plan. If real estate is purchased with a mortgage, then you need to take care of completing the relevant papers. This can only be done when the seller himself does not mind and agrees to the procedure. It is also worth paying attention to maternity capital from relatives. With its help, you can completely purchase the desired home for yourself.

1. Donation as a way of giving up property. It is quite difficult to obtain a waiver of pre-emptive rights from neighbors. This is a lengthy procedure that can even take several years. To avoid this, today many notary offices resort to concluding a gift agreement. But there is a nuance here. The papers do not indicate the monetary side. All real estate is transferred free of charge. Subsequently, if the contract is terminated, the funds will not be returned. In addition, if the truth is suddenly found out, the deal will become invalid.

1. Notice to all neighbors. The buyer must ensure that the seller notifies all of his neighbors in advance about the procedure. If written notice is not sent, then questions may arise and the transaction will be invalid later. The best option is only the one when all neighbors refuse the purchase in a certified notice.

1. Notify local authorities. When a municipal authority is involved in a property, the owner must notify the other participants of the sale. But the apartment may also have rooms that have been privatized. The buyer must be notified that there are no claims with the municipal property, and that he can independently purchase this room. In addition, the buyer cannot purchase a room at a lower price than was indicated in the notice sent to neighbors. All movements in an ideal situation are formalized by a notary.

1. Total area. You need to remember that when you buy a room in a shared apartment, you get several square meters from the kitchen, toilet, bathroom, corridor and other auxiliary rooms. The exact size can only be found out when you visit a notary. In addition, there are situations when shares in an apartment are not distributed. Before the sale, you will have to carry out this procedure and divide the total area between all owners. This clause is stated in the contract and must be complied with.

1. The contract can be terminated at any time. This applies to situations where a person is incapacitated or suffers from diseases that prevent others from leading normal life activities. At the same time, this procedure is carried out through a bailiff and only after an application from neighbors.

1. Legislation on the issue. If the seller has not received refusals from neighbors, and any of them wants to purchase this room, then it is better for a stranger to refuse. If you go against the law, you can lose money and also lose your room. Neighbors can, within 90 days after the transaction is completed, express their desire to purchase through court proceedings and challenge the concluded agreement.

1. Inspection of the apartment. One important component that should not be forgotten is the inspection of the apartment. Experts recommend carrying out this procedure and paying attention to all existing defects and changes for renovation. In addition, you need to make sure that there are no illegal alterations in the apartment. This will allow you to find out the real footage of the entire room, which is established in the documents. You also need to talk to people who live in the neighborhood. You should discuss with them all issues related to life activities. Then you won't have any problems.

1. Read the contract. Very often, the contract contains clauses that you could not even think about. That is why it is better to study the contract not with a notary, but in the silence of your home. In addition, you can additionally involve specialists who will double-check all the information provided there.

IMPORTANT !!! As you can see, when carrying out the procedure, it is best to initially study the legal nuances. This will avoid problems in the future during operation. Data should only be found in legal documents. In addition, you can use the help of a professional lawyer.

FAQ

How to quickly sell a dorm room that is signed under a social rental agreement?

It will not be possible to sell something for which the proprietary right has not been registered. But you can exchange it for exactly the same social housing.

Having a social lease agreement, you have the right to privatize your corner, but weigh all the possibilities again. After all, if you exchange your living space, the right to free privatization will not disappear, and for the second time in your life it will not be given.

How quickly will they buy a room in a dorm and where to look for clients for this? We need money urgently, all documents are ready.

Selling rooms is not as popular as selling entire apartments, but the chances of selling square meters in a short time are very high. Especially if you are willing to offer a reasonable price.

It’s better not to look for a buyer on your own, leave the question to professionals and contact a real estate agency with a good reputation. You still won’t be able to complete the task faster than them, that’s their job. Moreover, you have no problems with documents.

Agents will also take care of the legal purity of the transaction. You still won’t be able to check your client thoroughly on your own: for example, as regards his sanity.

The nuances of buying a dorm room

The difference between a hostel and a communal apartment is that it involves only temporary accommodation. Privatization of this housing became available in 2007, when it was allowed to be privatized, that is, to be taken into ownership and disposed of. Buying a room in a dorm is similar to buying housing in a communal apartment.

Before buying a home, you need to make sure that the property has “apartment status”. The technical passport must contain technical specifications. The owner of the living space must indicate a specific room in the certificate of title.

Due to the considerable number of co-owners, it is almost impossible to waive the pre-emptive right to purchase living space in dormitories. Therefore, it will not be possible to obtain a mortgage for this purchase.

Buying a room is a rather labor-intensive process and requires careful attention to detail. All methods of protection must be used in combination. A competent approach will allow you to protect yourself from the actions of fraudsters, save the property and your own funds. The recommendations outlined will help you purchase real estate by profitably investing your accumulated capital.