How to calculate the share in an apartment

Shared ownership can be registered in the name of relatives or strangers. From the point of view of the law, this is not so important, but the accuracy of determining the share of each owner is an important point. The share is calculated based on the total area and taking into account the number of residents of the house.

The law allows three options for allocating shares:

• Based on the agreement of the owners.
• Separation of one owner's share from common property.
• Division of property in court.

Of course, it is better to divide the shares by agreement of the parties and not bring the matter to court.

How are shares in an apartment calculated?

Before dividing shares, it is important to accurately determine the size of the total area of ​​the house. This value can be divided proportionally to the number of owners.

The calculation is affected by:

• Number of shareholders. If there are many of them, then the share of each owner may turn out to be very small.
• Indivisibility of property owned by several people on a common basis.
• Equality of shares established by Article 245 of the Civil Code of the Russian Federation. This requirement can be circumvented through an owner agreement.
• Allocation of a share in kind by remodeling the house and separating the premises with its own entrance. For such allocation of shares there must be technical capabilities.
• A one-room apartment can only be divided into shares legally, since the type of premises itself does not allow the allocation of real shares in the form of rooms.
• By agreement of the co-owners, shares can be of any size. Equality of shares in this case is not a mandatory requirement.
• If one of the owners received a room whose area exceeds the size of his share, he must pay compensation to the other owners of the house or apartment.

In addition, there are a number of nuances that need to be taken into account when dividing shares.

From the common share or residential

The area of ​​the apartment includes both residential and non-residential premises, which are in common ownership and cannot be allocated to someone’s separate share (kitchen, bathroom, etc.).

But in this case, the shares are calculated based on the total area.

Therefore, to allocate a separate room within the framework of an agreement between the owners, one must proceed from the size of the share of this owner in the total area of ​​the apartment. The remainder of his share in common facilities (bathroom, corridor, kitchen, etc.) will be equal to the shares of other owners in them.

How to calculate the share of a land plot in common shared ownership

The share of the land plot is calculated using a similar previous method. Unless there will be fewer problems with it (if there are no buildings on the site), because the land can be divided evenly between all owners.

The wording of the question in this case is not entirely correct, because common shared ownership already presupposes divided property.

Example: There is a plot of 300 sq.m. which is planned to have 3 owners. As you can easily guess, the section will look like this: 300/3=100 sq.m. – this is exactly how much land area each of them receives. You can fence off your territory, build a house on it, and generally do whatever you want. The area of ​​the house in this case will not play any role. Let's assume that on our 100 sq.m. one owner planted a garden and built a small one-story house to relax in the summer and store agricultural equipment. Another owner, on exactly the same territory, erected a multi-storey cottage, the area of ​​which, taking into account several floors, is already 300 sq.m. All this is not prohibited and has nothing to do directly with the division of land into shares.

Agreement on determining shares

If there are good relations between the owners of the living space, then it is possible to agree on the division of property without any conflicts or litigation. This is the best option because it allows you to take into account the interests of each owner. The court, based on the law, will simply divide the apartment into equal shares. And the agreement can determine each owner’s share of a different size. For example, some will get a larger room, and some will get a smaller one, but with a balcony. As a result, everyone will be satisfied, especially since their property will not include abstract shares in square meters, but their real embodiment in the form of specific rooms in the apartment.

If the apartment is communal

How to calculate the share in an apartment if it is communal? A feature of such housing is the presence of isolated rooms and common space. This space includes non-residential premises, the right of use of which is available to all residents. Specific rooms are allocated into shares on the basis of Article 42 of the Housing Code of the Russian Federation.

The owner has the right to dispose of his share without taking into account the opinions of other residents of the communal apartment. The calculation of the share includes an isolated room and a part of the common space.

If maternity capital was used

Using maternal capital to buy out a share requires taking into account the interests of the children and husband, namely, allocating them a percentage of this share. You can calculate the share of each family member in advance, or within six months after the purchase and sale transaction.

At the same time, the law allows the determination of shares by concluding an agreement between spouses. For example, they can allocate half of the apartment to themselves, and a third to their children. But it is important to comply with the requirements for the minimum allowable size of living space per person. Sometimes this is very difficult to do if the apartment has a small area.

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How to calculate the share of common ownership in an apartment building

Common shared ownership of common property in an apartment building is all the premises and areas that belong to all residents in accordance with the size of the living space they occupy. This includes landings, the attic, the ground under the house, and so on.

In practice, it is almost impossible to use these premises. To do this, firstly, permission is required from other owners, and secondly, from utility services. The fact is that almost all common areas must remain freely accessible in order to clean them, make repairs, eliminate leaks, damage, and so on.

The calculation of the share in this case is made based on the living space the owner occupies.

Example: There is a house of 10 apartments, of which 3 are 20 sq.m., 5 are 30 sq.m., and another 2 are 100 sq.m. The total area of ​​all apartments in this situation is (20*5)+(5*30)+(2*100)= 100+150+200=450 sq.m. 100 sq.m. from 450 is 0.45 shares. 20 sq.m. – 0.02 share, and 30 sq.m. – 0.03 shares. As a result, the common property of the entire house will be divided in the same way, the owners of two large apartments will have the right to use almost all the common premises (provided that they can somehow do this in a way that does not violate the law and the rights of other owners).

Calculating the share in common property is a rather complex task. If the other owners are ready to negotiate, then the property can be divided in a way that suits everyone. If not, you will have to go to court, prove your case, and so on. It is almost impossible to do this without an experienced lawyer. At a free consultation, specialists will answer the most common questions, and they can also represent the client’s interests in court, which, as practice has proven, makes it possible to achieve exactly the result that is needed.

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Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to calculate the share in an apartment: formula

The specific calculation of shares in an apartment occurs as follows. The first step is to determine:

• Total area of ​​the apartment.
• The size of residential and non-residential space.
• Number of co-owners.

The next step is to determine the ratio of the total area, residential and non-residential square meters.

From the calculation of both spaces, it is necessary to determine the share of each owner.

The calculation formula looks like this: a/c + b/c = d, where:

• a – living area.
• b – non-residential.
• с – number of shareholders.
• d – share of one tenant.

This formula allows you to calculate equal shares in common property.

In an apartment building

Article 37 of the Housing Code of the Russian Federation determines the procedure for the distribution of property. According to which all objects are divided between residents proportionally depending on the area of ​​which they own.

That is:

D = D1 x S1 / S

Where:

• D – part belonging to the owner of the property in the right of joint ownership of apartment buildings;
• D1 – part belonging to the owner of the right of ownership of the apartment;
• S1 – size of the apartment area of ​​a particular owner;
• S is the total area of ​​square meters and private non-residential premises in the house.

When calculating the size of the joint property of an apartment building for residents of communal apartments, corridors, kitchens, bathrooms and other shared objects should be taken into account.

There are special formulas for this:

1. In square meters - Dkk = OIK/KK.
2. In percent - Dkk = OIK/Sk.

In which:

• Dкк – is a share in the communal apartment;
• OIC - is the joint property of the owners of the communal apartment;
• КК – number of separate residential premises in the apartment;
• Sk is the area of ​​the share that is privately owned by the resident.

Having determined the size of his share in a communal apartment using the above formula, the owner can calculate the part of the joint property of the apartment building that legally belongs to him, this is done as follows:

D = Sкк+Dкк/ Soik

Where:

• D – the size of the share in the common property in the apartment building;
• Sкк – the size of the area of ​​communal housing;
• Dкк - size of the share in a communal apartment;
• Soik - the size of the area of ​​​​all joint property in the apartment building.

Determining shares in square meters may be required, for example, to calculate utility bills. Knowing the size as a percentage is necessary for counting votes when making decisions on important issues at a meeting of residents.

How to calculate shares in an apartment in fractions

The above formula is simple and convenient, but it is not suitable if you need to divide the apartment into unequal shares. Article 245 of the Civil Code determines the possibility of increasing the share through inseparable improvements to the living space. These are considered to be repair work that cannot be separated from the room itself (hanging wallpaper, installing new plumbing, etc.).

In this case, to calculate the share, you need to use a formula that takes into account fractions.

For example, three owners want to share an apartment in which each of them occupies rooms of 14, 12 and 9 square meters, respectively. The area of ​​the total space is 15 meters. It is divided equally, each owner's share will be equal to 5 square meters.

In this case, shares in the apartment can be calculated using the formula:

14/100 + 5/10 = 19/100

12/100 + 5/10 = 17/100

9/100 + 5/10 = 14/100

These values ​​can be fixed in the agreement of shareholders.

How to calculate the cost of a share in an apartment

The cost of housing can be cadastral and market. The price depends on many factors, such as the location of the apartment, the infrastructure of the area, etc.

Naturally, the share in the apartment will also have a certain value, calculated from the total cost of the apartment.

If the cost of the entire apartment is 8 million rubles, and three people own it, then the value of each of them’s share will be equal to 2,666,666 rubles.

But if the shares are unequal, then to calculate the cost of each of them you need to multiply the size of the share by the price of the entire apartment.

So for the owner of two-thirds, the cost of the share will be 5,333,333 rubles, and for the two remaining owners of one-third - 1,333,333 rubles for each share (that is, for one-sixth of the entire apartment).

How to calculate tax on a share in an apartment

Shares in an apartment must be calculated not only to conclude transactions for the sale of this property, but also to correctly calculate property taxes.

This value depends on the cadastral value of the apartment. This amount is indicated in the cadastral passport and extract from the Unified State Register of Real Estate.

For 2021, the following system of real estate tax rates is in effect in Russia:

• The cost of the share is less than 300 thousand rubles - 0.1% of it.
• Cost 300-500 thousand rubles – 0.3%.
• Over 500 thousand – 2%.

However, it must be taken into account that at the regional level, rates may differ, both up and down.

Market indicators of the discount amount

As part of its professional independent assessment activities, our company constantly monitors the Moscow housing market and tracks changes in the size of the discount on sales of shares in apartments since 2010.

Some useful data regarding the average discount on the sale of shares compared to the market value of 1 sq.m. We summarized the total area in the “whole” apartment for all years of observation in the following table:

Table 3. Changes in the average value and intervals of the discount value when selling a share in an apartment for the period 2010-2017.

Note to Table 3: The indicated discount amounts for the sale of a share were calculated for the apartment market in Moscow and the nearest Moscow region. When applying these discounts to the home appraisal process in other regional markets, adjustments must be made accordingly.

The territorial distribution of discount values ​​for the sale of shares in apartments in various districts of Moscow can be viewed on our interactive map.

Features of valuing a share in an apartment

Sometimes an additional assessment of the share's value is required. This may be needed for:

• Transactions with shares.
• Her insurance.
• Use in the authorized capital.
• Resolving disputes during divorce.
• Collateral when receiving a loan.

It should be taken into account that the assessment of the share is possible only after determining the cost of the entire apartment.

Only a specialist can carry out an assessment. This is not a simple procedure, since the share price depends on a number of additional factors. A reduction factor is usually applied to it, because the presence of other owners and tenants in the apartment reduces the real market price of the share. But what exact coefficient will be applied depends on many factors, including the size of the share.