How to sell a room without the consent of the neighbors

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Selling a room usually comes with a little more inconvenience than selling an apartment. In addition to collecting all the documents, the neighbors will also need to refuse to buy a room. But it is still possible to sell the room, even if the neighbors resist and do not want to write an official refusal.

Selling a dorm room is much easier if you have a certificate for it, that is, the ownership of this room is registered. In this case, the consent of the neighbors is not required. According to Art. 250 of the Civil Code of the Russian Federation "good" for the transaction is necessary if you own a share. And by law, the same equity holders as you have the right of first refusal.

How to sell a room in an apartment

First find out who owns the neighboring rooms. From the owners it is necessary to obtain a waiver of the right of "first hand". If the adjacent room is not privatized, then its owner is the municipality or another organization. To sell a room in this case, you will have to go to the city committee on housing policy for a refusal.

There are two main options for obtaining a waiver. The first is to invite all owners to the notary and issue official refusals there. For thatwill have to pay. The second is to gather all the owners in the registration chamber when you submit documents for the state registration of the transaction, where your neighbors will write official refusals in the reception.

Sometimes both of these methods are absolutely not suitable. For example, a neighbor has lost his passport or lives in another region. Sometimes there are a lot of owners and it is simply unrealistic to collect all of them in one place. What should be done before selling a room?

There is another legal way out of the situation. You must notify all owners in writing of your intention to sell the room. Be sure to include in the letter the exact details of the person to whom you are contacting; last name, first name and patronymic, exact address, room number and area. All your details must also be complete. The text of the notice must necessarily state the amount that you plan to receive for the sale of the room, the basis for owning the room - a contract of sale (donation, exchange) and details of the document confirming your ownership. And most importantly - clearly and clearly prescribe to the owner of the next room a proposal to take advantage of the pre-emptive right to purchase. And at the end of the notification, add the phrase "I notify in advance that I was pushed to sell the room by circumstances that are developing in such a way that I will not agree to either a price reduction, or a deferral, or an installment payment."

There are several rules for sending a notice. Print out two copies of the notice and sign them. Send one copy to a neighborby registered mail with notification to the address of the room that is for sale, and keep the second signed copy for yourself. Be sure to draw up a postal register in two copies, on each of which the postal worker must sign that he received registered letters and put a seal. Repeat this procedure for each owner.

If you don't get consent or rejection from the owners of neighboring rooms, don't worry. After 30 days after sending the notices prescribed by law, you can sell the room to whomever you want. Documents on notifying neighbors, properly executed, will allow the transaction to be carried out. For the FRS, they will be considered as sufficient.