When selling your share of real estate or a room in a communal apartment, according to the current legislation, the other co-owners have the priority right to acquire your property on the same terms as when selling to third parties. One of the conditions for the sale of your property to third parties is to obtain the consent of the other owners to this sale (i.e., their refusal to purchase). The proper execution of these documents is a guarantee of the transaction and its registration with the appropriate authority.
Necessary
Documents confirming ownership, passports of all owners
Instructions
Step 1
One of the ways to obtain the consent of other owners for the sale of shared ownership or a room in a communal apartment (waiver of the preemptive right to purchase) is to issue a notarized waiver. This requires the personal presence of other participants in shared ownership or owners of other rooms in the communal apartment, so that the notary can certify the authenticity of their signature in the waiver of the pre-emptive right to purchase.
This method will speed up the timing of the transaction, avoid the statutory monthly period provided to other owners if they are notified of the sale of a share of the property or a room in a communal apartment.
Step 2
The second method of obtaining consent also requires the personal presence of the participants in the shared ownership or the owners of other rooms in the communal apartment. This is the receipt of a written refusal of these persons, drawn up in the body that registers the purchase and sale transaction. It can be carried out at the time of registration of the transaction (signing the contract of sale to a third party).
This method also does not require compliance with the monthly period from the date of notification of the participants in the shared ownership or other owners of rooms in a communal apartment.
Step 3
The third option is convenient in cases where it is impossible to meet personally with persons who have a priority purchase right. In this case, send to these owners at the place of their registration a notice of the desire to sell their share (where you indicate the price and other conditions of sale) with confirmation of its receipt (certified letter or telegram with acknowledgment of receipt). From the moment they receive this notice (from the mail you will receive a delivery notice), they can declare their right or refuse to purchase within a month. After the one-month period from the date of delivery of the notification expires, the share in ownership or a room in a communal apartment can be sold to a third party.
