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Main » Articles » Real Estate » Property

Bid rooms: communal specificity

In the still waters ...

If you are going to buy a room, remember that you are not alone: in communal vseesche home to more than 15% of the population of St. Petersburg. The procedure for acquiring komnatimeet number of distinctive features. And the selection of options neobhodimouchityvat and specific factors that significantly affect potrebitelskiekachestva such housing. Before proceeding to explore options, determine what more important to you: price, footage, district or usloviyaprozhivaniya?

When selecting a room in the commune `` We can not worry about the composition sosedey.Odno matter if public areas you will have to share sintelligentnoy elderly couple and a neighbor, a bachelor, have not gotten izkomandirovok. It is different if you live near by `a little` drinkers (iochen hospitable) is nowhere-working spouses, steam rooms sdanastudentam (no comment - everyone remembers mistakes of youth). And in a side room samoymalenkoy huddle temperamental migrants from southern regions to actively address the problem of our aging demographic crisis of the city - and the positive outcome of their efforts, is increasing every year, neizbezhnovypleskivaetsya in the hallway and into the kitchen with his simpler radostyami.Vprochem children, even if you're after a long search to select a room in the `quiet 'apartment, tune philosophically. Everything flows, everything changes, in tomchisle and composition of the neighbors. Next - the lottery.

Underwater cobblestones

Determine the number of registered today in the apartment tenants vymozhete to help shape 9. She, like several other documents zhelatelnozaprosit from vendors in advance - even before the bail - voizbezhanie unpleasant surprises. In addition, appropriate navestitoblyubovanny corner in the evening when all residents of `fact 'neighbors in the collection, for more detailed acquaintance with the potential environment.

If the experience of communal life you do not specify another while watching: gdebudet your place in the kitchen, what is the procedure for using the bathroom, where sushatbele as paid electricity, what is the timetable for cleaning seats obschegopolzovaniya and other trifles, which are not intended to provide otdelnoykvartire, but that should be know in advance, stopped in a 'commune'.

Apartment historic center often lack the necessary amenities. Therefore pripodbore room is particularly important to examine carefully, if not registration certificate (not likely to have ordered in advance), then at least a certificate in Form 7. In etihdokumentah marked all the `legal 'convenience. And the fact that they are not specified, but is present in the flat (bathroom, shower, water heater), often ustanovlenobez approvals and substantial violations of sanitary norms. Such `partisan 'improvements at any time may be` Extra' and will be subject to liquidation.

Studying information, pay particular attention to the non-privatized zhilesosedey. If citizens are simply not in a hurry with the registration of its shares vsobstvennost, and now have begun the process - there is no trouble. But if oniumudrilis already use their one-time right privatization and snovaokazalis on public square meters - you risk statzalozhnikom new housing legislation. In accordance with komnatytakogo `life 'of the municipal housing stock to make the whole kommunalkuprakticheski nerasselyaemuyu. (Will it ever solved this problem cherezprinyatie local law on communal apartments - is unknown. Zakonoproekttrety year abides shelved in the city Legislative Assembly, iperspektivy on this subject is very vague.)

Pricing policy: how to count?

Lifestyles, habits and the rights of tenants, combined with disabilities udobstvmogut not only affect the price of the room, but make it prakticheskinelikvidnoy in the future. Therefore, it is better not to seek out the cheapest options (still today a very significant amount), and choose from a range of 'average market value', weighing up all the `a` and `against`.

And the notion of `cheap 'options - a very conventional, so that vooruzhiteskalkulyatorom. The most affordable of the available rooms, usually located in densely populated apartments, with floor space not only allows vamne housewarming party with dancing to organize, but also easy to put a stolomneskolkih guests. Dividing the price of the object in its area, you bystroudostoverites that square meter of the most worthless rooms will namnogodorozhe square meter average.

Sometimes, the seller includes in the price of the room brighter prospects supervygodnogorasseleniya. A reasonable question arises: why he did not want to take takoyvozmozhnostyu? So be realistic and not osoboprislushivaytes to assurances in the style of `New Vasyuki`. The concept of `perspektivnayakomnata` - very abstract and directly affect the price should not.

The advantage of co-owner

Taking all `for` and `against 'and defining its capabilities, priorities, and price krugpoiskov border, begin selection of options. Just keep in mind that there are some nuances voformlenii.

Until 1998, the communal apartment could just privatize everything zhiltsyodnovremenno. Cancel this' serfdom 'that occurred after vneseniyasootvetstvuyuschih additions to the Law' On Privatization ...`, ukommunalschikov created the illusion of freedom. Nevertheless, the specific problems prioformlenii transactions remained. If the other inhabitants of the communal poorderu listed as employers, their views on the impending sale sosedskoykomnaty be ignored. And if their housing is also in the property, on the basis of Art. 250 of the Civil Code as they are joint owners preimuschestvennoepravo buy shares (ie, liberated rooms) in their 'commune'. Otkazot this advantage must be completed properly.

Notice of the proposed transaction neighbors often do not have to buy neobhodimoysummoy room, but sometimes have a decent supply of `communal` harm. It is difficult sometimes to convince them to reach notarialnoykontory and place where a written waiver of preemption srazresheniem sell the room to others. Moreover, they do not want to tratitvremya on a visit to the guardianship authority in the municipality if the vsostave owners of their shares are minors (under 18 years) children. But according to Clause 2, Article. Civil Code 37 parents and other zakonnyepredstaviteli `no right, without prior permission of the guardianship ipopechitelstva` (PLO) `make ... or consent to soversheniesdelok entailing abandonment of the rights belonging to the ward '(including iprava pre-emption). The practice prescribed for zaschityinteresov kids in the case of section housing within the family, the absurdity of otnosheniikommunalok. If the parents have no money to buy a neighbor's home, then otkudaoni will set a child? But this requirement is enshrined federalnymzakonodatelstvom.

If the consent of the neighbors do not tear, it is necessary to use the mechanism specified by Clause 2 of the same article. 250 of the Civil Code: 'The seller must notify the form of variance with the other members share ownership of namereniiprodat its share to a stranger with an indication of price and other terms ... If the other members ... not acquire the share sold ... in techeniemesyatsa, the seller may sell his share to any person `. And pokupatelyamkomnaty with `harmful 'neighbors have tricky to notify them so they chtobypoluchenie proposal was confirmed. Optimally do it zakaznympismom with the notification, stating the market value at kotoruyupretenduyut sellers. And then wait a month before the notary and even some tovremya before the General Directorate of Federal Registration Service (GUFRS) register such a contract.

Worthless gift

There is another way that fascinates the ability to quickly design without the knowledge iuchastiya neighbors: a contract of gift. Present your property sobstvennikmozhet anybody, and nobody would prevent. But from a legal tochkizreniya such option processing the transaction (if in reality room prodaetsyaza money) is simply illegal. `` Donee buyer in this case mozhetokazatsya completely defenseless against enterprising neighbors and gramotnymadvokatom. The transaction will be canceled as soon as the court will prove eepritvorny character. Since, according to Art. 170 of the Civil Code, `sham transaction, which is committed to conceal another transaction, is negligible '. In our zhesluchae gratuitous gift transaction is performed in order to protect vozmezdnoysdelki sale.

What is to be in situations where there is joint owners, but no vozmozhnostisvyazatsya with them to notify the upcoming deal? For example, left napostoyannoe residence, privatizing the room, and left adresadlya Christmas greetings. Sometimes (and only in very exceptional circumstances) practiced a two-stage circuit design. Its essence is that vnachaleprodavets gives the buyer a small fraction of its real estate. And etogomomenta future acquirer becomes the same co-owners, as idrugie, and along with them the first option to purchase. Posleregistratsii contract of donation in GUFRS seller and buyer enter into dogovorkupli and sell the rest, most of the housing as it sovershennozakonnyh grounds. And while such deals in principle, be recorded, hitrosteta wrought with white thread. By law, everything seems perfect, as exist for `priority` co-owners. The main thing is that one of nihvospolzovalsya his right. `Ride` this `can` dvuhhodovka tolkotogda when you really do not infringe upon anybody's interests, and communication sotsutstvuyuschimi neighbors really lost. Still, this scheme riskovannayai by the court easily challenged.

In any case categorically advised not to enter into competitive relations ssosedyami interested in buying-selling in their kvartirezhilploschadi. Even if you managed to 'beat off' in the process of litigation (or until it does not reach), to live peacefully under one roof snedobrozhelatelyami you are unlikely to be able to. So it is always advisable zaraneepoznakomitsya with those with whom to share utility meters, and ubeditsyav absence of any conflict of interest

Category: Property | Added by: Дмитрий (21.03.2010)
Views: 344 | Rating: 0.0/0

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