Buying a room in a communal apartment– the decision is important, controversial and very risky. Pay attention to some of the subtleties that can make it easier for you to continue living and prejudge possible problems.
One of the main aspects in choosing a room is neighbors. Students, drinkers and unemployed or migrants from southern countries are the main residents of communal apartments. Spend a little time and energy on “watching” the apartment. Take a walk under the windows in the evening, when everyone gathers in the apartment. Listen to their behavior and project yourself into this din. If you find a quiet place, follow on.
To begin with, we determine the number of residents who are officially registered in the apartment at the moment. This information can be found in the Form 9 Help, which can be requested from sellers. It is worth immediately clarifying such features as the use of the bathroom, the cleaning schedule, the rent rules – something that does not come to mind in a private apartment. Ask the owners if the apartment has been privatized. Pay special attention to this issue, since rooms of this type are not settled if the apartment is public.
Moving on to price issues. Do not rush into cheap options, but look at the average apartments. For example: if you divide the price for a “cheap” room by the number of meters in it, then it will be higher than in a room with an “average” price. This is due to the fact that budget options are densely populated, as they are in great demand due to their virtual cheapness. Also, do not listen to the sellers who will definitely start telling you that in the near future you will get a profitable settlement option. Think about why he himself will not take advantage of this opportunity, and do not spend extra money.
If you have found a profitable option, then start choosing the apartment itself. But first, let’s talk about the nuances that relate to documents..
Until 1998, the apartment was privatized entirely and by all tenants at once. Now, if the neighbors are listed as tenants, then you can sell the room without their knowledge. If the apartment is owned, then they have a pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation). If they refuse such a “bonus”, then the documents must be properly drawn up.
This is usually very difficult to do, because the neighbors do not have enough time to walk to the notary office and issue a waiver of the advantage. And if neighbors have children, the problem becomes global. Clause 2 of Art. 37 of the Civil Code of the Russian Federation says that parents cannot decide to sell a room or not until the child’s 18th birthday. In other words, the Law believes that if the parents do not have money to buy out part of the living space, then the child will have them by the age of 18.
If the neighbors still do not give in to persuasion, then according to paragraph 2 of Art. 250 of the Civil Code of the Russian Federation, the seller can notify in writing of the intention to sell part of the apartment, while setting a deadline for the redemption of this part. And the neighbors, who did not want to sign the document, based on the fact that they might find the money, will be faced with the fact of “finding” it for some time. Otherwise, the living space can be sold to a third party.
Another possible way of selling is a gift document. It is possible to donate property according to documents to anyone, but from a legal point of view, such a transaction is illegal. In fact, donation takes place for money. And if the court proves that this is so, then the transaction will be canceled.
And the last tip: in any case, we do not advise you to get involved in a war with your neighbors. Even if you reclaim your part of the territory, even if according to the law, it will be very difficult to get along with the “lost” neighbors. Therefore, try to get to know your neighbors before the money goes to the seller of the room..