Consolidation of shares in an apartment by one owner

Documentation

In order for the application to be accepted, you will need approximately the following list of documents:

Application for merging shares of an apartment (sample)

It is not recommended to fill out an application and go to Rosreestr or MFC (My Documents) with the completed document. Forms often change.

Moreover, each branch may have its own version, which will already contain all the necessary information, which does not depend on the client. As a result, time will be wasted, and no one will accept the form, you will have to rewrite it.

However, if you want to see what exactly will be discussed in the statement, below is a sample:

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A citizen can become the owner of several shares in an apartment for various reasons. If desired, he can combine them. To do this, you need to contact the territorial body of Rosreestr in person, remotely or through a representative with an application for re-registration of property rights, a passport and title documents.

In certain cases, co-owners of an apartment are required to combine their shares. Co-owners have different motives.

For example, when one of them decided to buy out square meters belonging to other shareholders. Or if the share of the deceased owner is inherited by a close relative-co-owner, increasing his part of the home.

Sometimes the shares of several co-owners are accumulated in the same hands, and instead of common ownership, sole ownership is formed.

Methods for increasing shares

In the civil legislation of the Russian Federation there is no term “merger of shares”. There is a concept of “transfer of ownership” of a share to a citizen who already owns part of the living space. Or he is going to purchase several shares from different co-owners. The transfer of ownership to another person is registered by Rosreestr authorities.

There are three main ways to combine shares in an apartment:

• their ransom;
• through the donation procedure;
• by inheritance of one or more shares.

Each method has legal nuances that both purchasers of an apartment share and those who are planning to alienate it should remember.

Ransom

In this case, a purchase and sale agreement is concluded between the owner and the acquirer of the shared property.

Please pay attention! From 2021, an agreement on the sale of a share in residential real estate must be certified by a notary. This rule applies if the apartment is in common shared ownership.

For example, if spouses decide to sell an apartment that they jointly own, they do not have to resort to the services of a notary. But if they own the property in shares, then the purchase and sale agreement must be notarized. It does not matter whether only one of the shares or the entire apartment is for sale.

When an apartment is purchased with a mortgage and the loan has not yet been repaid, the sale of a share in it is possible only with the permission of the bank. Until the borrower fully pays him off, he has the right to control any alienation of real estate, since he is the mortgagee in relation to its owner (Article 346 of the Civil Code).

If the owner of the share is a minor, you will have to not only notarize the transaction, but also obtain written permission for it from the guardianship and trusteeship authorities.

Donation

You can combine two (or more) shares of an apartment into one by registering a deed of gift. This method is often chosen by relatives who are co-owners of the property. If there is a close relationship, this transaction is beneficial, since the donee is exempt from paying a considerable amount of tax on the income received.

Personal income tax - personal income tax - is not paid if the donation of part of the real estate occurs between the following categories of relatives (Article 217 of the Tax Code):

• parents and children (adopted or natural);
• sisters and brothers (including half-siblings who have only one common parent);
• spouses;
• grandparents and grandchildren.

Donees who are related to the donor in other ways and who are not related at all must pay personal income tax:

• 13% of the value of the share – for tax residents (the vast majority of Russians include them);
• 30% of the share value – for tax non-residents.

Having received a share as a gift, it must be declared. The tax authorities will calculate the approximate cost on their own, based on their methods and the documents submitted by the taxpayer (along with the declaration). If the accrued tax amount seems excessive to a citizen, he has the right to challenge it in court.

Since donating a share is one of the ways of alienating it, this transaction will also require notarization.

Inheritance

Consolidation of shares is sometimes required if one of the shareholders receives another share by inheritance. You can inherit a share in a home by law or by will. The transfer of ownership is registered on the basis of a certificate of inheritance issued by a notary.

A special case

Sometimes homeowners are interested in whether it is possible to combine several shares in an apartment that belong to the only owner of the property for different reasons (and according to different documents). For example, a common situation is when two spouses and their only daughter live in an apartment.

The residential premises are in common shared ownership, and each family member has a certificate of ownership of 1/3 of the apartment. Each spouse has a will for their share, drawn up in favor of their daughter.

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

After the death of her father, she receives his 1/3 of housing, and after the death of her mother, she also receives her share. Each time, Rosreestr issues her a separate certificate of ownership (for the parental share).

Thus, after the death of both parents, the daughter remains with 3 certificates of ownership - for her part of the apartment and those that were inherited to her. In 2015, the Ministry of Economic Development of the Russian Federation issued several Letters explaining that in fact, in this case, the owner of several shares is the sole owner of the entire apartment.

Attention! Based on the meaning of Article 244 of the Civil Code, one person cannot be a participant in shared ownership, that is, a joint shareholder for himself. As a sole owner, it should be considered regardless of whether a single document was drawn up at the initiative of the citizen - about ownership of the entire apartment - or whether he still has several papers in his hands (for each share).

Options for combining apartments

There are three ways to merge apartments:

1. Combining living space vertically - when apartments are located on different floors, but on the same riser. Is it possible to combine two apartments into one on different floors in 2021? Yes, you can, the main thing is that there is no third apartment between the apartments. It is possible to reconnect living spaces in this way, although it is extremely difficult to do this for the reason that you will have to cut the opening with high precision, otherwise you will not be able to do without destroying the slabs. The ceilings of apartments will also have to be strengthened with supports (columns), a frame, and a staircase will also need to be installed in accordance with building rules and regulations.
2. Horizontal merging - when apartments are located on the same floor next to each other. The difficulty of such a reunion is that the apartments merge into one through the landing. Is it possible to combine two apartments on one site? Yes, it is possible, but for this you will need to obtain permission to issue common property - a partition. At this stage, it is imperative to organize a meeting of the residents of the building and obtain approval to connect the apartments through a partition from the majority of co-owners. Perhaps this is the simplest option for connecting apartments, since it involves reconnecting living areas from the inside, through the inter-apartment wall. But in most cases the wall is load-bearing, so it will not be possible to completely dismantle it for safety reasons (the walls may collapse).
3. Association of apartments located in different entrances . This is a rare case of merging residential areas, because in many cases it is not possible to expand the living space due to the presence of a load-bearing wall, an elevator shaft or a garbage chute. In addition, in many houses the ceiling and floor levels in apartments may differ, so additional leveling will need to be done.

What is needed to combine two apartments into one? First you need to find out whether the apartments can be combined. You can get an answer to this question from the developer - if the apartments are in a new building or in BTI - if we are talking about secondary housing.

The decision to combine apartments usually occurs to those citizens who want to expand their living space in order to increase the area of ​​the children's room, place a gym, office, etc. in their apartment.

In which buildings can apartments be combined?

You can combine two apartments in different buildings:

• in monolithic houses - they are strong, durable, have improved thermal insulation and ventilation. It is easier to make one out of two apartments in a monolithic house than in a brick one, since the inter-apartment walls are not load-bearing, and there are no internal partitions in such houses at all;
• in brick houses . The chances that the competent authorities will allow reconstruction in a brick house are greater than in a panel house;
• in panel houses . The thickness of the walls in such houses allows openings to be made in the walls without risk not only for the people living in the apartment, but also for the strength of the overall structure.

Combining apartments in a building under construction

Apartments can be combined both in the completed building and during its construction . But developers are reluctant to agree to the desires of shareholders to combine two apartments into one. After all, before the construction of a house begins, the developer prepares design documentation and receives a building permit.

And if the project has already been created and after that the shareholder wants to make changes to it, then the developer will need to go through all the stages of developing technical documentation again. Typically, developers agree to combine adjacent apartments in monolithic buildings.

It is beneficial to combine apartments during the construction phase if the developer himself has made the appropriate changes to the design documentation . Then it will be considered that both apartments are one object. Therefore, in the future, only one object will be registered for cadastral registration.

If the interested party did not have time to notify the developer that he wants to merge the apartments, and he did not draw up documents for the merger of residential areas, then the owner will receive as many extracts from the Unified State Register of Real Estate as the number of apartments he bought. And he himself will have to go through a number of successive stages in order to legalize the redevelopment of two apartments into one.

Basic rules when drawing up a merger project

When drawing up a project for combining apartments, the same rules apply as when redeveloping an apartment without combining.

But in the first case, there are certain rules that should be followed:

• it is prohibited to demolish load-bearing walls;
• openings in load-bearing walls cannot be moved without permission;
• It is prohibited to move utility lines, including ventilation;
• you cannot swap the room with the kitchen;
• It is forbidden to combine a room with a kitchen where there is a gas stove. However, if desired, and subject to approval from the gas company, you can submit a request for a gas cut in one of the apartments.

Procedure for merging shares

A citizen who wishes to combine shares in an apartment must submit an application for registration of ownership of the entire (merged) object. That is, if, for example, for various reasons and documents he owns 2 shares out of three (1/3 + 1/3), he asks to register the right to 2/3 shares in the common ownership of the apartment.

Documents and fees

The application is accompanied by a documentary package:

• applicant's passport;
• all certificates (extracts) of ownership of the shares belonging to him;
• title documents (on the basis of which the applicant became the owner of the shares: gift agreement, notarial certificate of inheritance, purchase and sale agreement, etc.);
• receipt of payment of state duty.

Where to contact

Rosreestr is authorized to register the merger of shares. The owner has the right to contact this department in various ways:

• personally hand over the package of documents to the department official;
• send an authorized person there (in this case, his passport and power of attorney from the equity holder must be added to the package of documents);
• personally or through a representative submit an application and papers through the MFC;
• act remotely - through the State Services portal;
• send all documents by mail.

Rosreestr employees must register within three working days. If the owner or his authorized representative submitted documents to the multifunctional center, the period is increased to five days.

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Common shared ownership involves several shareholders. However, with the end of the regime, the question arises, what to do next? Imagine that there is only one owner left in the apartment. From 2 or 3 transactions with shares he has certificates and extracts from the Unified State Register of Real Estate.

arise :

• whether he is now the sole owner;
• is it necessary to combine the indicated shares in the apartment into a single whole;
• where will the shared form of ownership go?
• what a general title document looks like;
• where to go and what to fill out?

The questions require clarification. If you are faced with the need to combine disparate shares in an apartment, read our guide.

What is a merger of shares?

It is very easy to become the owner of shares in an apartment. Usually these are purchase and sale, donations, exchanges, inheritance. It is more difficult if in the hands of one owner there are 2, 3, 4, 5 - in a word, several such shares.

It does not matter how a person received a share - already in the status of a co-owner or having recently become one. If he acts as the owner of all shares in the apartment, he will have to decide whether to draw up a general document for the property or not? Here you need to understand that you cannot act as a co-owner of your own shares in property rights.

In what cases can it be documented to combine shares:

• for selling an apartment as a single property;
• registration of a general personal account;
• calculation of housing taxes;
• redevelopment, repairs, etc.

Please note that joining is a voluntary procedure . If the owner does not want to re-register the shares into 1 common one, he will still be considered the owner of the apartment. Even if you have documents for each of the shares in hand.

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Party-4: Sidorova Svetlana Evgenievna, born on August 6, 1988, passport 1234 567890, issued on January 30, 2003 by the Department of Internal Affairs of the Zheleznodorozhny District of the city of Novosibirsk, acting with the consent of the legal representative - mother of Petrova Natalya Anatolyevna, registered at the address: Novosibirsk, Uritsky Street , building 123, apartment 123, collectively referred to as the “Parties”,

4. The parties to this agreement, as the owners of an Apartment in an apartment building, along with the premises occupied by them for the Apartment, also own a share in the ownership of the common property of the house - the common premises of the house, the load-bearing structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the Apartment, serving more than one apartment (Articles 289, 290 of the Civil Code of the Russian Federation).

Methods for combining shares in an apartment

How to become a sole owner? First of all, get shares as part of transactions with co-owners. Let’s look at what these deals are and how they differ – using specific examples.

Donation

It is in demand among close relatives and spouses. If one family member wants to donate his share to another, the parties go to a notary and enter into a donation agreement (Art.

572 of the Civil Code of the Russian Federation). The donated share becomes the property of the donee.

If, as a result of the transaction, a person becomes the owner of all shares in the apartment, he has the right to combine parts of the housing into one whole.

Example:

The Vlasov couple and their son owned a 2-room apartment. The sizes of the shares were equal - ⅓ of the share for each owner.

The son got married and was in dire need of living space. The couple agreed that they would register their shares in his favor, and they themselves would leave for the village.

My father was on a business trip abroad. The mother decided not to put the matter off indefinitely.

Together with the recipient, she visited the notary. The specialist offered a sample deed of gift in favor of his son.

Then changes were made to Rosreestr - thus, Vlasov Jr. became the owner of his ⅓, as well as ⅓ of the mother’s part of the housing. Soon the father returned and also gave a share to his son.

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

The owner already had 3 extracts from the Unified State Register of Real Estate - for his share, as well as for the fractions of both parents. To combine them into one, the son can contact the MFC or Rosreestr.

Based on the application and three documents of title, he will be given an extract from the Unified State Register of Ownership of the entire apartment.

Purchase

Another option is to become an owner as a result of their purchase. Co-owners have priority in buying out the shares of the remaining owners of the apartment (Article 250 of the Civil Code of the Russian Federation). Often this allows you to concentrate shares in one hand. If only there was desire and finances.

Four heirs became shared owners of a 3-room apartment. One of them immediately decided to get rid of the share, offering a buyout at the cadastral price.

Another owner expressed a desire to conclude a deal. The parties shook hands and the share was sold.

There are already 3 co-owners left. After 2 months, one of them was preparing to move to the North - he also invited the others to buy out his share in the apartment.

And again the same buyer turned out to be willing. Finally, the “last share” also went to the same heir - as part of the purchase and sale for a mortgage loan.

Thus, the buyer became the sole owner of the apartment. Along with his extract from the Unified State Register of Real Estate, he has accumulated three more similar documents.

He contacted the MFC, wrote an application and became the sole owner of a 3-room apartment. The common share form of ownership ceased to exist.

Inheritance

Owners can leave a share in the apartment to their heirs. Inheritance by law , less often by will . The legal successor of the deceased becomes the new owner of the share in the living space. From here, if he owns 100% of the apartment, but in shares, he can start joining them.

A family of 3 lived in a privatized apartment. All family members had shares: the mother owned ¾ of the share, and the brother and sister each owned ⅛ of the share in the living space.

The sister got married, so she gave her share to her younger brother. Mother and son became co-owners of the apartment.

Soon misfortune befell the family - the mother died. The heirs were her son and daughter.

Since my sister had a separate living space, she renounced her claims to an apartment. Thus, her brother inherited ¾ of his mother's share and became the sole owner.

In order not to be confused about the shares, the brother combined the shares of his mother and sister. The registrars issued a single document on ownership - an extract from the Unified State Register of Real Estate.

How to properly combine shares in an apartment for one of the owners?

The guidelines for joining shares coincide with making changes to the real estate register. The applicant is the owner of the apartment, and the addressee is the registration authority.

Procedure

If you approach the matter responsibly, problems should not arise.

The sequence of actions is as follows:

1. Carrying out a transaction with shares (see above).
2. Preparation of legal documents for shares in the apartment - certificates or extracts from the Unified State Register of Real Estate.
3. Payment of state fees for association.
4. Contacting one of the government agencies in any way:

• personal visit to FKP "Rosreestr";
• sending documents through the State Budgetary Institution “My Documents” (formerly MFC);
• sending a proxy;
• application through the State Services portal or the Rosreestr website;
• registered letter via Russian Post.

1. Draw up an application to merge shares in the apartment (see below).
2. Waiting for documents to be ready.
3. Obtaining a new title document - an extract from Rosreestr.

It is in this order that the existing shares can be combined into an individual form of ownership of the apartment.

Documentation

Along with the application, the shareholder provides:

• original passport;
• certificates or extracts from the Unified State Register of Real Estate - about the shares owned by him;
• a document specified as a title document (donation, exchange, purchase and sale agreement, certificate of inheritance, privatization);
• a paper receipt for payment of the state fee - if required.

The list is not very large, but you need to take the collection of documents seriously. A lack of papers is a reason for refusing to register changes.

Application for merging shares of an apartment (sample)

Let's sort out the appeal to Rosreestr.

Despite its name, an application for “merging shares in an apartment” does not exist in nature. You need to submit another application - for termination of shared ownership and registration of ownership of the apartment . This option is considered correct and will be easily accepted along with your application.

You can view the form from the official website of FKP “Rosreestr” below:

Deadlines

New rules in the work of Roskadastre oblige the processing of applications within 3 days. If you used, the period will increase to 5-8 days.

You can track the readiness of the document on the website of the FKP Rosreestr or via SMS notifications.

Expenses, expenses

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

The cost of registration depends on the method of acquiring shares. You will find the costs of purchasing, donating and exchanging in our other articles. We also recommend that you read “How much does a deed of donation of a share in an apartment cost from a notary.”

Combining shares in an apartment is standard. Applicants pay a state fee for registering property rights. The tax fee is 2,000 rubles , because a single real estate object is formed.

How to combine rooms in an apartment

How to profitably combine rooms in an apartment into one piece of real estate and finally turn a communal apartment into a truly cozy home.

There were times when large and spacious apartments were divided into cramped communal apartments that could accommodate many residents at once. Today, a completely opposite trend has emerged: the owner, who has acquired several rooms of a communal apartment at his absolute disposal, seeks to combine the rooms in the apartment into one piece of real estate and in this way simplify his life. After all, several different rooms at your personal disposal are not only several separate certificates, they are also several personal accounts for each room separately and, in the most literal sense, a carload of receipts for paying utility bills every month.

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Dealing with all this chaos is not the greatest pleasure in life, so the desire to combine rooms in an apartment into one piece of real estate evokes understanding from everyone who deals with these receipts themselves every month. But is it really possible to do this?

Since the classics of Soviet cinema claim that even a hare can be taught to smoke, there is nothing impossible in combining the rooms in an apartment into one piece of real estate and bringing all payments and receipts to a single personal account. And there are two ways to do this. The first is simple, pleasant, fast and a little expensive: We provide this service to everyone and will make the entire procedure effective and comfortable for the customer. The second is independent: it is long, tedious, fraught with mistakes and life-consuming stress from communicating with the domestic bureaucracy, but it trains the will, resilience and saves the budget.

Can they refuse to merge shares for one owner?

A special feature of Rosreestr’s work is a thorough check of the submitted information. The information is studied within 3 days, after which the applicant receives a response. If the registrars identify violations, you will be refused to merge shares in the apartment:

What can cause an application to be rejected:

• lack of certain documents (certificates, extracts, outdated data on ownership);
• corrections, blots, extra characters on the application form;
• lack of signature of the applicant and/or his authorized representative;
• unreadability of the owner’s personal data;
• absence of a notarial form – if shares appear in the transaction.

Make sure that the information you provide is accurate. Errors can lead to delays in registering changes.

What legal methods can be used to combine shares?

The term “merger of shares” itself is not regulated by Russian civil legislation. There is only a rule of law concerning the transfer of ownership of a share to a co-owner who is already the owner of part of this living space. Or it is going to purchase the remaining shares from the remaining co-owners.

Legal relations regarding the transfer of ownership from one co-owner to another are registered through the state registration authority, and all changes are made to the Unified State Register of Real Estate. There are three legal methods for combining shares of real estate:

• buyout of shares;
• registration of deed of gift;
• through inheritance of all or one of the shares.

Each method has its own legal subtleties, which should be remembered not only by those who acquire a share in property, but also by those who alienate it.

Purchase of a share (redemption)

In this situation, a contractual agreement on the purchase and sale of a share in the property is concluded between the owner of the share and the co-owner (buyer).

Important! Starting from June 2021, according to Article 7 of Federal Law No. 172, it is impossible to give, change, or alienate a share between owners without notarization. It is also necessary to certify the official refusal of the shareholders from the transaction (if there is ).

For example:

The former spouses decided to formalize a transaction for the sale of common property, which they had registered in equal parts. That is, everyone’s property document indicated that each of them owns ½ of the apartment.

In this case, notarization is not required. But if the documents indicate that each spouse owns the apartment on the right of shared ownership, then upon alienation of such a property, the purchase and sale agreement must be notarized.

And it doesn’t matter whether a share of the residential property or the entire property is alienated.

When purchasing an apartment with a mortgage loan (if the mortgage loan has not yet been repaid), alienation of a share in the apartment is possible only with the permission of the banking institution where the mortgage was issued. Until the borrower has fully paid off the mortgage loan, the credit institution has the right to control all transactions with property, since the loan object is pledged to the bank (Article 346 of the Civil Code).

It is worth noting that if a child who has not reached the age of majority is involved in the transaction, then the acquirer will need to not only certify the purchase and sale agreement with a notary, but also confirm the consent of the guardianship authority to carry out such alienation of a share in the living space.

Association by donation method

Combining several shares into a single whole is also possible by registering a deed of gift, this is especially true if the share owners are close relatives. If there is a relationship between the co-owners in the first place, such registration of the transfer of shares into the ownership of one owner is the most profitable option for concluding a transaction.

Since relatives (first priority) who have drawn up a deed of gift among themselves are exempt from a significant tax fee - payment of personal income tax.

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

Personal income tax is not payable if the participants in such a transaction are persons whose family relations are confirmed by the first degree of relationship (Article 217 of the Tax Code). They are:

• children, parents (adopted, adoptive parents or blood);
• brothers, sister (independently, both parents are natural or one of them is common, i.e. half-brothers, sisters);
• spouses;
• as well as family ties between the first and third generations (i.e. grandparents and granddaughters, grandchildren).

Other categories of citizens receiving a share(s) as a gift should know that they will have to pay a certain amount from the gift received. Since this will be the income of an individual. The amount of the tax fee will depend on who the donee is:

• 13% of the amount donated as a share – if the donee is a resident of our country;
• 30% of the value of the share donated – if the recipient of the gift is a foreigner (non-resident).

Even when receiving only part of the real estate as a gift (share under gift), the acquirer is obliged to indicate this in the declaration. Its cost will be calculated by independent cadastral service specialists. And the tax service, when calculating the fee, will proceed precisely from these data.

Providing information on the cost of housing (share) is received by the tax office through electronic communication between government agencies and the information provided by the owner. So, if the citizen who received this property as a gift does not agree with the amount of tax payment, he has the right to file a claim to revise the amount of the tax contribution.

Since a deed of gift for a share of living space is an alienation transaction, it is also subject to mandatory notarization.

Some nuances

In some cases, property owners have well-founded questions regarding other nuances of combining shares and for other reasons. So, for example, a married couple also has a child, and the residential property is registered as shared ownership with equal distances for each.

Each property has 1/3 of the living space. Each parent has an individual testamentary agreement, which states that their child receives his share after his death.

Due to the death of his mother, he will receive her 1/3 of the property, and due to the death of the second parent, his share. And in each situation, the state body that registers the child’s rights to the share of one of the parents issues a separate document.

As can be seen from this situation, after the death of both parents, the child is left with three documents of ownership. In particular, one document is her share and the other two remain from both parents.

It is also important that the co-owner of the property right cannot register his share of the real estate as his own. If the registration authority refuses to record this transaction, you can use the position of the Supreme Arbitration Court, but this does not mean that this rule of law, applicable in the practice of a court of this rank, can be heard and applied by other courts.

Since, according to Russian legislation, the practice of higher courts can only be applied if it is a decision of the Presidium of the Supreme Court of the Russian Federation.

Regime of common shared ownership in a communal apartment

Owners of rooms in a communal apartment must remember that the disposal of common property is possible only with the consent of all owners, i.e. redevelopment/reconstruction of a communal apartment is possible without the consent of all owners only in case of emergency to prevent damage or loss of common property.

In joint ownership, the community of property is manifested to a greater extent than in shared ownership. This is explained by the fact that relations between participants in joint property (between spouses, for example) are more trusting and long-lasting than relations between participants in other shared property. Shared ownership differs from joint ownership in that with shared ownership, the shares of each of its participants are, as a rule, determined in advance, while with joint ownership, the shares are determined only upon division or allocation of common property, i.e. upon termination of joint ownership relations or for all or for some of its participants. In this case, the shares, both in shared and joint ownership, are assumed to be equal, unless otherwise established by law or agreement.

We recommend reading: Register of real estate pledges

The process of combining shares

The procedure for combining shares, as mentioned above, is no different from the general procedure for combining parts of a real estate property into ownership. That is, the whole process consists of recording the consent of other shareholders to transfer the ownership rights of their share to the only owner (provided that they are alive), or in registering the property in “one hand” if there are no other owners left alive.

The package of documents depends precisely on the grounds for registration of the transaction (death of the shareholder, transfer by inheritance, donation procedure, etc.).

The likelihood that the entire process of transferring shares of a residential property into “one hand” will be regulated by legislators in 2021 is only 55%. Since it is these shares that most litigation is associated with. And it is these shares that are a tasty morsel for the fraudulent schemes of “black realtors”.

Last modified: January 2021

As a result of various factors, there are often cases when one owner owns an entire property, which is listed according to documents as fragmented parts. Consolidation of shares in an apartment in order to bring the documentary component into compliance with legislative norms is necessary for alienation, registration of a common personal account, redevelopment and payment of real estate tax by the sole payer of the entire object.

How can you combine rooms in a communal apartment into a separate apartment by purchasing them?

If there are no residents in a communal apartment who could be entitled to a room that does not belong to anyone on the basis of a social tenancy agreement, then the remaining residents will have the right to receive it on the basis of a housing contract. However, this will be possible only on the condition that they live in the communal apartment permanently, that is, they are officially registered there. The parties to the agreement will be the housing stock, as well as the citizen. If a room that has received the status of free is purchased within the limits of the provision rate, then the price will be preferential. If the provision rate is exceeded, the market price will be set.

As for the specific cost of purchasing rooms vacated in a communal apartment, it will be established by the City Privatization Commission.

Origins of the situation

In legal terms, ownership of several parts implies shared ownership. Since there is only one owner, continuing the logical chain of reasoning, it turns out that the citizen acts as the owner of the component parts in relation to himself, which contradicts the norms of the Civil Code.

The following events may be the origins of such a situation:

1. Entry into inheritance. A typical example is joint ownership by spouses, upon the death of one of whom the survivor enters into inheritance on the basis of law or a will. The original design of the apartment for two owners becomes the property of one, but consisting of two halves that require unification into a whole.
2. Share repurchase. The legislation does not prohibit shared ownership of an object by persons not united by family ties. As a result of an agreement reached or on the basis of a court decision, one of the owners buys out the part belonging to the other. Consolidation of shares in an apartment by purchase requires bringing the documents into compliance, since with the initial presence of four owners with the subsequent transfer of ownership rights to one owner, according to the requirements of various authorities, one will be forced to submit four separate extracts from the Unified State Register of Real Estate.
3. Receipt by deed of gift. If a gift agreement is concluded between co-owners, for example, each of whom has an allocated share in the form of a room in a two-room apartment, then the owner’s decision to combine the rooms into an apartment is necessary, since formally the donee becomes the sole owner, having received the second part from the donor.
4. The action of a combination of factors. Any combination that involves at least two transfers of ownership is suitable as an example. A living family of three (mother and two children), after the death of the mother, divides her third into two, and then one of the children gives the owned part to the second child, which implies two transfers of ownership to the sole owner, who received a separate object in absolute possession without co-owners.

Main nuances of approval

Combining two or more rooms is the most common redevelopment option, as it has the least problems when translating wishes into reality. After all, the answer as a result of agreeing on the combination of rooms will in most cases be positive, since this does not contradict the law - any living rooms can be combined with each other (of course, if we are not talking about load-bearing walls).

Let's consider the nuances of combining rooms in an apartment with other premises in accordance with current legislation:

1. You cannot combine a living room with a gasified kitchen. This follows from the Appendix to Government Decree No. 508, according to which a kitchen with a gas stove must be isolated from living quarters. The only option may be to demolish the wall (if it is non-load-bearing!), but in this case it is necessary to install a sliding partition (French window) with tightly closing doors in place of the wall, so that there is no danger that if there is a gas leak, it will penetrate into the living room. Attention: Chinese accordion doors are not a full-fledged door, and their installation is prohibited in this case.
2. If the kitchen is equipped with an electric stove, then in fact it is also impossible to combine it with the living room; only demolition of the wall is allowed, and it is not necessary to install a partition. But according to the documents, the kitchen will remain a kitchen, and the living room will remain a living room, so a clear boundary between these rooms should be visible (different flooring, small walls, etc.).
3. You cannot combine a living room with a toilet or bathroom, as this will lead to a deterioration in living conditions, since your room will be located in the so-called “wet” zone.
4. Living rooms can be combined with any other non-residential space (with a corridor, pantry, built-in wardrobes, etc.).

These rules are relevant for all types of houses, be it a combination of rooms in Khrushchev, Stalin, panel or modern monolithic houses.

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Algorithm of actions when merging shares in an apartment for one owner

If a citizen does not plan to alienate the property, then owning “pieces” causes inconvenience when paying utility bills and paying taxes once a year. But is it necessary to combine shares of an apartment for sale if the apartment consists, for example, of four parts and is completely owned by one owner? On a formal basis, neither Rosreestr nor the buyer can make claims; it is only necessary to list all four grounds on which the apartment belongs in the context of each component part.

When a decision is made to merge shares, ownership will not be considered from the new date.

The algorithm of actions includes:

Preparation of legal documents for shares:

certificates of ownership when receiving a part before 2016; extracts from the Unified State Register of Real Estate when the right arises from 2021, excluding the usual pink certificates from the supporting documents.

personal visit to Rosreestr; contact through the multifunctional center; execution of a power of attorney to act through a selected representative; sending an application electronically to the relevant websites; sending a valuable letter with a description of the attachment.

general passport identification document; title documents for each component for combining shares in an apartment by one owner (privatization certificate, purchase and sale agreement, deed of gift, certificate of inheritance, share participation agreement for the construction of a new facility).

Combine rooms in an apartment yourself

For those who are not looking for easy ways, we offer step-by-step instructions to achieve results. So, legal advice is at your service!

Five steps to help you achieve what you want

1. Step one: personally drawing up a decision to combine the rooms into a single apartment. At this stage, the owner of the rooms draws up a statement in which he indicates not only his own data, but also information about all the rooms being combined, about all the documents that confirm his ownership of these rooms, and about all the future parameters of your new home.
2. Step two: ordering a technical plan for the united housing The next step will be a visit to the BTI, where you should receive a technical plan for the planned housing. This service, in addition to the natural payment in the form of a state fee, will require the owner of the room to provide a set of documents in the form of his own passport, originals and photocopies of ownership documents, floor plans and explications, an application, and will also take from a week to two.
3. Step three: registration of the united apartment with state cadastral registration and receipt of the appropriate passport. To implement this step, you will need to visit the MFC and provide there another set of documents in the form of your own passport, confirmation of payment of the state duty, technical plan of the apartment, application, as well as the owner’s decision on the association rooms into a single apartment. If everything goes well, the united apartment will acquire its own cadastral number and will be entered into the cadastral passport using it. When the document is ready, you can not only pick it up at the office during a second personal visit, but also receive it by e-mail in electronic form and by courier service - in hand in paper form.
4. Step four: state registration of rights to a new united apartment This part of the process is carried out by Rosreestr, and this event takes ten days. The necessary documents are again submitted through the MFC and this time include, in addition to the natural passport and a new application, a freshly received cadastral passport, the owner’s decision to combine the rooms into a single apartment, the absolutely mandatory confirmation of payment of the state fee, as well as documents on ownership of each room. As soon as the certificate is received, the process is formally over. All this lasts about a month in total and requires mandatory expenses in the amount of 3 thousand rubles. for state registration and your own for transport, waiting, alterations and other little things. But this stage is not the final one, since the main thing for which all this was started is not yet ready - this is the next stage.
5. Step five: creating a single personal account Each such account is a document issued for the housing as a whole, reflecting a complete picture of all aspects of payment for the supplied utilities for this housing and the maintenance of the entire house as a whole. The start of the procedure for bringing the list of accounts for each individual room to a single account begins with a new visit to the MFC, and its duration varies greatly in speed and result depending on your specific situation. Once this has been done, you can be congratulated - you have successfully managed to combine the rooms in the apartment into one property!

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