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Share in the apartment: the owner's rights

Share in the apartment: the owner's rights

Dividing the whole apartment to share - a phenomenon not too rare.

And, as a rule, each share has its owner.

Despite the fact that such division of property occur quite often, one of the main issues is the following: what are the rights owner is at stake.


Article 224 of the Civil Code of the RussianFederation defines a "share" as part of the property owned by a particular person. Stakes in the apartment can be as much as necessary, as well as owners. To the common property of not falling into decay, as well as to ensure compliance with the laws and regulations of the Russian Federation legislation, each owner has their rights and duties with respect to their share in the common property. And they need to comply strictly, because otherwise it may be in big trouble.

Which residential development can be divided into shares

The law quite clearly defines a list of premises that can be divided into parts. It is a residential house or part thereof, flat or part of a room.

Share ownership issued by differentways. This can be any deal with the room - from the purchase and sale and to rent dareniya- nasledstvu- transition on housing privatization of property rights when it comes to municipal kvartire- recognition of property rights by a court decision. Making the ownership share is the same as in the case of apartment - through Companies House.

What rights does the owner of the share

Share, in fact, this part of the apartment and the possibility ofUse common places - kitchen, hallway, bathroom and toilet. Share opredennyh belongs to the person that is enshrined documented, ie It issued a certificate of ownership (here must be specified the size of the share of the total area of ​​the apartment). For its part housing owner can do the same thing as with the whole apartment - live in it yourself or tenants to inhabit, sell, trade or give. Of course, there are some limitations, as it belongs to only part of the property, so it should be considered with the other owners of the property.

The housing problem in the case of shares has moresubtleties and nuances than with other forms of ownership. For example, the proportion in the apartment - this is not the same as a room in a communal apartment. It has no clear boundaries, and it all depends on how you decide to agree among themselves and all owners. A particular challenge in terms of the division into shares are one-bedroom apartments. After check-in so that already someone lives fraught with problems and scandals, and sometimes litigation.

But despite this, a number of advantages from the use ofstake in the apartment of the owner is. For example, its right - to be registered at this address (ie to register). In addition, its share of the owner can register any other person, without even asking the consent of the other owners of shares.

The only difficulty that may arise,It is the size of the proportion and the number of registered. If FMS authorities feel that the share is too small for the amount prescribed in the registration will be denied.

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Owning shares in an apartment gives the owner the rightand the ability to make out bank loans. However, only the consumer. Laying its stake impossible. As well as to conduct an adequate share of the estimated value. There are exceptions when a client can still get a loan against the best of its share in the residential real estate, but then interest rates will be much higher.

The owner of a stake in an apartment or house can sell its stake if desired. This norm is stipulated in the law and does not differ from the normal purchase and sale of an entire apartment.

One thing to consider ifthe previous owner through the courts or legal proceedings determined the boundaries of its share, then in fact sell these solutions lose their power. The new owner will need to repeat everything.

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Duties of share ownership

Of course, the owner of the share of the apartment is notonly rights but also responsibilities. One of them - to pay for utility bills. For example, for each owner is assigned their own personal account on which the payment is calculated and services. But we should remember that the apartment is not communal, and is divided into equal shares. Therefore, the total cost of utility bills for the apartment will have to share the number of existing shares excluding living and prescription. And this is a minus, because in a communal apartment each owner pays for your living space, and according to how many people had been registered therein.

It is also one of the main duties of the ownerthe share is usually shown at the time of sale. To the owner to sell, and the buyer to buy a stake in an apartment, you must consent to the transaction of all other owners. In general, according to the law, the owner must first share offer to buy out its other owners of the disputed real estate units. If they agree, the transaction is carried out easily and quickly. In case of refusal to sell, they must provide written notice of its rejection. This is one of the mandatory documents that will be required when you make a contract of sale and registration of title to the new owner.

In addition, there is a position that you can not sell its stake in the apartment at a price less than you suggest to other owners. In this case, they can sue and recognize your transaction illegal.

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Naturally, the owner is obliged to follow thethe state of their living space. After all, as a result of any problems, such as leaking pipes, fire, explosion or gas leaks, and all claims will be for him, too.

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