The division of an entire apartment into shares is not a rare phenomenon.
And, as a rule, each share has its owner.
Despite the fact that such sections of property occur quite often, one of the main issues remains the following: what are the rights of the owner of the share.
Article 224 of the Civil Code of the Russian FederationThe Federation defines the concept of "share" as part of the common property belonging to a particular person. The shares in the apartment can be as much as necessary, as well as the owners. To ensure that the common property does not decline, and also that the laws and regulations of the legislation of the Russian Federation are observed, each owner has his own rights and obligations with respect to his share in the common property. And to observe them it is necessary strictly, because otherwise serious troubles can arise.
Which residential objects can be divided into shares
Legislation quite clearly defines the list of living quarters that can be divided into parts. This is a residential building or a part of it, an apartment or a part thereof, a room.
The shared ownership of variousWays. This can be any deal with the premises - from sale to rent and donation - transfer of ownership by inheritance - privatization of housing, if it comes to a municipal apartment - the recognition of property rights by a court decision. Registration of ownership of the share is the same as in the case of an apartment - through the registration chamber.
What rights does the shareholder have
The share, in fact, is part of the apartment and the possibilityUse common spaces - kitchen, corridor, bathroom and toilet. The share belongs to the identified person, which is documented, i.е. Issued a certificate of ownership (here and should be indicated the size of the share of the total area of the apartment). With its own part of the living space, the owner can do everything the same as with the whole apartment - to live in it independently or to populate tenants, sell, exchange and give. Of course, there are a number of restrictions, since it owns only a part of the property, so it must be considered with other owners of this housing.
The housing issue in the case of shares has moreSubtleties and nuances, than with other forms of ownership. So, for example, the share in an apartment is not the same as a room in a communal apartment. It does not have clear boundaries, and everything depends on how all the owners decide and agree among themselves. Particular difficulty in dividing into shares are one-room apartments. After all, the introduction into a place where someone already lives is fraught with problems and scandals, and sometimes legal proceedings.
But despite this, a number of advantages from usingThe owner has shares in the apartment. For example, his right is to register at this address (ie, register). In addition, at its shareholder can register any other person, without even asking the consent of other owners of housing shares.
The only difficulty that can arise,This is the size of the share and the number of registered. If the authorities of the Federal Migration Service consider that the size of the share is too small for the number of prescribers, the registration will be refused.
Ownership of shares in an apartment gives the owner the rightAnd the ability to make bank loans. True, only consumer. You can not mortgage your share. As well as conduct an adequate estimated value of the share. There are exceptions, when a client can still obtain a loan on the security of his share in residential real estate, but then interest rates will be an order of magnitude higher.
The owner of a share in an apartment or house can sell his share if desired. This rule is stipulated in the law and does not differ from the usual purchase and sale of the whole apartment.
The only thing to consider ifThe previous owner through the courts or legal procedures has determined the boundaries of its share, then upon the sale, these decisions lose their force. The new owner will need to repeat everything.
Duties of the owner of a share
Of course, the owner of a share in the apartment does not haveOnly rights, but also duties. One of them is to pay bills for utilities. So, for example, each owner is assigned his own personal account, according to which the payment for services is calculated. But it should be remembered that the apartment is not communal, but divided equally. Therefore, the total cost of housing and communal services for the apartment will have to be divided into the number of available shares without taking into account those living and registered. And this is a negative, because in the communal apartment each owner pays for his living space and according to how many people he has registered on it.
Also one of the main duties of the ownerShare is usually manifested at the time of sale. To the owner to sell, and the buyer to buy a share in the apartment, you need the consent to the transaction of all other owners. Generally, according to the law, the owner of a share must first offer to buy it to other owners of parts of the disputed real estate. If they agree, the transaction is easy and quick. In case of refusal, they must provide the seller with a written notice of their refusal. This is one of the mandatory documents that will require the registration of the contract of sale and registration of ownership of the new owner.
In addition, there is a provision that you can not sell a share in an apartment at a price less than you offered to other owners. In this case, they can sue and recognize your transaction as illegal.
Naturally, the owner is obliged to monitorThe condition of their living space. After all, as a result of any problems, for example, leakage of pipes, fire, explosion or gas leakage, all claims will be to him, too.