Home » Buying and selling an apartment » Refusal to buy a room in a communal apartment

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Rooms in communal apartments are actively bought and sold due to the fact that they are a fairly cheap type of housing, although not the most comfortable. However, such transactions have their own characteristics, including, in particular, the pre-emptive right to purchase such an apartment from neighbors. If the purchase is not planned, the seller will ask for a waiver of the purchase. Let's take a closer look at why it is needed, how to compose it, and what the consequences may be if it is not given.

Why you might need to refuse to buy a room in a communal apartment

A communal apartment is in shared ownership of all residents. Each of the premises is dedicated and has its own entrance, as well as a significant part of the communications necessary for a relatively comfortable life.

Thus, each of the neighbors in a communal apartment is essentially a co-owner of the entire apartment as a whole. This means that when selling any of the rooms (shares in the apartment), you first need to focus on the pre-emptive right to purchase this apartment.

This right allows neighbors to buy this property as a priority, regardless of what agreements were reached between the seller and the buyer. The only thing that must be observed in all cases is the terms of sale. Thus, the neighbor must be subject to the same conditions of sale as the potential buyer.

If the neighbors do not intend to purchase this property, the seller may ask (but not require) to write refusals to purchase the room on the basis of the pre-emptive right. This is necessary in order to close the deal as quickly as possible. However, neighbors are not required to provide such a document.

On the other hand, in order to maintain a good relationship with a person and, potentially, make friends with a new neighbor, it is still recommended to do this, especially since the refusal itself is not something difficult or dangerous, it only indicates the fact that the neighbor does not is going to buy the apartment in question in this case.

Sample refusal to purchase a share in an apartment

Individuals are property owners who can agree or refuse the pre-emptive right granted.

They submit their refusal in writing in one of two options:

1. An application containing a refusal to purchase an apartment.
2. Notification of the owner of the share being sold by registered mail with notification also certified by a notary office.

There is another option, which in practice is used quite rarely - submitting applications for refusal to Rosreestr.

If it is possible to gather all the owners together in this government body, then they can simply submit an application in writing.

If the owner of the share is a legal entity, then they formalize the refusal by means of a response letter. You can choose another option - issue a refusal on the organization’s letterhead, certified by the management’s signature and seal.

A sample refusal to purchase a share in an apartment is presented here.

It is important that the sample refusal to purchase a share of an apartment in 2020 can be drawn up in any form.

The main condition is that the meaning must be preserved and basic documentary information must be conveyed.

This is important to know: Deed of acceptance of transfer of share in an apartment: sample

Content

The notice of waiver of pre-emptive right must indicate the most important points.

These include:

• descriptive characteristics of the object - from what share, what object, its location;
• description of the proposal put forward - cost, etc.

As a rule, in most cases, the refusal only indicates the price at which the owner of one of the shares in the apartment refuses to purchase its other part.

In some situations, it is necessary to additionally indicate the payment term or payment method.

The refusal must indicate the name of the document, the date of its preparation and place. Indication of passport information and full name of the citizen who issues the refusal.

The signature of this citizen with a transcript, the signature of the notary and his seal.

How to refuse to buy a room in a communal apartment

For the refusal to have legal force, everything must be done correctly, according to the instructions below.

Procedure

1. Receive notification from the seller that the room will be for sale. Without this document, the neighbor actually has no grounds for drawing up a refusal to purchase a home.
2. Draw up a refusal. This can be done independently or with the help of a notary.
3. Contact any suitable notary and have the document notarized.
4. Provide a refusal to the seller.

Documentation

To waive the right of first refusal to purchase a room in a communal apartment, you must provide the following documents:

• Passport. Shows that the neighbor is indeed the person who was notified of the sale of the room.
• Legal documents. They indicate that this neighbor is indeed a co-owner of the apartment.
• Extract from the Unified State Register of Real Estate. Confirms that as of the time of drawing up the refusal, the neighbor is still a co-owner of the property.

Expenses

The only type of expense in this case will be payment for notary services for certification of the refusal. The amount varies widely depending on the region of residence. The minimum level is about 1 thousand rubles. Most often: 2 thousand rubles and more.

Considering the fact that it is not they who need the neighbors’ refusal, but the seller, it would be logical to demand this money from him in order to pay for the services. Most often, they make it even simpler: the seller and his neighbor go together to the notary, where the seller pays for certification of the document and immediately takes the completed papers.

Waiver validity period

The refusal, as such, does not have a specific validity period. It concerns a clearly defined situation. It is impossible, for example, on the basis of one refusal to sell a completely different room, and not the one that was originally intended. Thus, the refusal is a one-time document, relevant only in certain conditions and for an extremely limited period of time.

By law, a potential neighbor buyer has exactly 30 days from the date of receipt of notification of the sale of the room. This period can be considered as the validity period of the refusal.

What happens if you don’t write a refusal and don’t buy a room?

It's OK. As mentioned above, the neighbor has exactly 30 days to write a refusal. If he does not do this, then he simply loses his pre-emptive right to purchase this room. The seller will be able to sell it without any refusals, but in such a situation he will have to wait all these 30 days, which is not always convenient. That is why most sellers ask to write a refusal in advance.

Buying and selling housing that is in shared ownership is a rather complex and risky procedure that can lead to numerous problems. At a free consultation, experienced lawyers will talk about the most common controversial issues. They can also accompany the transaction, thereby eliminating almost all potential problems.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Refusal procedure

Having sent notices to the remaining co-owners about the sale of the share and offers to buy it out, the seller may be faced with a situation where several applicants begin to lay claim to the property being sold. In this situation, the seller is allowed to choose any buyer at his discretion. At the same time, it is impossible to divide the sold share among all applicants. If consent to purchase a part of the apartment is received, a month is given for registration.

When compiling a list of citizens with whom it is necessary to coordinate the transaction, persons who do not have rights to the apartment are excluded, but are classified only as ordinary residents. The priority right applies only to owners of residential real estate.

The rejection procedure consists of the following steps:

1. Notification of co-owners about the sale of shares.
2. Owners' decision to refuse.
3. Visit to a notary's office.
4. Drawing up the text of the refusal.
5. Transfer it to the seller.

This is important to know: Protocol of disagreements to a lease agreement for non-residential premises: sample

The main features of the implementation of the extraordinary right to acquire a part in residential property include some features, namely:

• there is no need to comply with such a condition if the share is not subject to sale, but to exchange or donation;
• if consent to purchase is received from several neighbors, then only one is selected as the buyer;
• the terms of sale in favor of the co-owners should not differ from the conditions under which the transaction will be carried out with a third-party acquirer.

In addition, each co-owner is given three months to challenge an already completed transaction and the transfer of the preemptive right to him.

Failure Transfer Methods

After receiving a notice of intention from the owner who intends to sell his part in the common shared property, the remaining co-owners are given several options for action. The simplest option for rejecting an offer is to ignore the notice. If the co-owners do not react in any way to the message about the intention to sell the share within 30 days, the rejection of the offer will be counted automatically and the seller will have no obstacles to transfer the property to a third-party acquirer.

However, a month-long wait does not always suit sellers and potential buyers. In this case, the owner of the part of the residential property being sold can ask the other property owners to draw up a document on refusal earlier, in order to sign the contract more quickly.

If the remaining shareholders agree to expedite the procedure, they can submit a refusal in the following ways:

• hand over in person - the easiest option is to put the document in writing and give it to the seller. However, it is not a relevant option in cases where the co-owner is located far from the object of sale or the seller;
• by registered mail - in cases where personal delivery is impossible or documentary evidence is required that the seller has received the document, you can write a refusal and send it by mail to the place of residence of the person selling his share, with acknowledgment of delivery;
• through Rosreestr - the co-owner together with the seller can come to Rosreestr and formalize the refusal there. The method is the most reliable, but owners do not resort to it often, since refusing citizens rarely agree to spend time on it.

It must be remembered that the rejection of an offer to purchase a share must be certified by a notary.