How to divide a private house into apartments, the procedure for dividing a house into apartments

Home » Division of property » Division of a residential building in kind between the owners

The procedure for dividing a residential building is much more complicated than dividing an apartment, since a certain part of the residential premises is considered indivisible property and cannot be divided. But often the relationship between several co-owners of a residential building becomes complicated for various reasons; they no longer want to live together, then they are faced with the acute question of the real division of the living space they own.

What is a real division of a house in kind

The real division of a residential building in kind is considered to be the termination by its co-owners of their rights to common property and its division into separate shares, each of which becomes the private property of one of the former co-owners.

In practice, such a division is quite difficult, especially if the co-owners are on hostile terms with each other and often simply cannot agree with each other.

But if the house remains in shared ownership, the co-owners often must make some joint decisions on the following issues:

registration of new residents;
repair;
reconstruction of the house, its engineering networks,

and if the relationship is quite complex, this is extremely difficult or impossible, then most owners seek to modify their half into a separate living space.

This can be done by allocating a share of the house and the land under it, in other words, by actually dividing the real estate in kind.

In order to make such a division, home owners must resolve a number of issues:

Determine the exact cost of a residential building, taking into account the cost of outbuildings. This can be done with the help of independent technical expertise.
Based on the results of the examination, determine whether a natural division is possible while maintaining the equality of ideal shares.

An ideal share is a share of property that in reality cannot be seen or touched, since each of the co-owners owns not a real share of this house, for example, half a kitchen or a quarter of a living room, but a virtual share of property, implying a type of ownership of a particular house .

Determine whether division in kind is possible in principle.
Determine whether there is a need for additional work on equipment, for example, a separate entrance; if there is such a need, then determine their cost.

The procedure for dividing a house in kind

Before you start dividing a house in kind, you need to figure out whether it is technically possible to divide it. This requires a construction and technical examination, which will confirm or deny the possibility of a real division.

Such an examination will make it possible to determine whether and to what extent the residential building meets all technical requirements. Also, in the final conclusion, at the request of the co-owners of the house, the expert can include information about the real market value of the property, the options for refurbishment and redevelopment available for this property, and the cost of such refurbishment.

After the expert’s conclusion that real division of the house is possible, the owners must obtain permission to redevelop or rebuild it. Such permission is issued by local governments.

Next, the co-owners can use one of the possible options to divide the house:

Allocation of shares.
Division of jointly owned property.

Both the first and second division options are possible only if it is technically possible to divide the living space into separate, independent parts with a separate entrance for each of them.

Division of land under the house

When actually dividing a house, the question always arises about the actual division of the land plot underneath it.

Such a division is possible only if after it independent land plots are formed that did not change the permitted type of use during the division.

In addition to this condition, the main principle of the possibility of dividing a plot next to a house can be called the unity of fate of a separate part of the house with the land share that is adjacent to this part. In other words, the owner who receives a certain allocated share of a residential building will become the owner of the land plot on which his property is located.

Until the co-owners divide the house in kind, the allocation of a separate land plot is impossible, since all the land remains in the common shared ownership of all co-owners of the residential building.

Thus, in cases where, when dividing a residential building in kind, it is possible to arrange a separate entrance, it is also possible to divide in kind the land plot adjacent to the house. But on the condition that each part of the divided plot will not be less than the minimum norm of land allotment for the corresponding purpose. Otherwise, dividing the land is unacceptable and the plot is considered indivisible.

If, when dividing the house in kind, the land plot turns out to be indivisible among the co-owners of the house and land, they can actually divide the house, but without dividing the land, it will remain in their shared ownership.

Rules for dividing a private house

Dividing a house is not as simple a procedure as it seems at first glance. The fact is that most of the real estate falls under the definition of indivisible property and, accordingly, is not subject to division. However, discord may arise in the relationship between the owners and they begin to look for solutions on how to divide the private house they own.

The division of a residential building does not contradict current legislation and we will tell you how to do it. Please note that along with the house, the land plot and the outbuildings located on it are divided . How to divide real estate to take into account the interests of each party? Let's consider the possible options.

How many shares can a house be divided into?

The real division of the house can be carried out if there are no more than three co-owners, that is, in reality the house can be divided into no more than three parts.

If there are more than three co-owners, then the law allows for the separation of a share in kind from the common property.

When dividing home ownership, like any other joint property, there are certain conditions that such a division must meet:

there should be no legal prohibitions on dividing a house;
each part of a divided house must correspond to the purpose of the whole house;
the totality of all parts of the house must correspond in value to the price of the whole house before its division;
All parts must remain easy to use.

Who can decide on the division of a land plot and on what grounds?

An application for dividing land into two or more plots can be submitted exclusively by the owner of the property. If a land plot has more than one owner, its division can be carried out only with the written consent of all parties. The grounds for dividing land can be different, for example:

when dividing property between relatives, if the original plot is the property of the family;
occurs between former spouses;
after going through the inheritance procedure;
the intention of the owner of the land ownership to sell his share;
division of land is necessary for the owner to use his part for the purpose of conducting business activities or for another purpose;

Let us note that the division of a land plot gives the owner of the newly formed land tenure the right to conduct business activities in the provision of specialized services or in the field of trade. The intended purpose of land plots formed during the division process remains the same as that of the original plot.

Minimum dimensions of premises when dividing a residential building

In accordance with Russian legislation, the standard living space per person is 12 square meters. But in the case of a real division between the owners of a residential building, these rules do not apply.

In situations where any of the parties in the division receives an isolated room less than the established standard while fulfilling all other requirements (sanitary and technical), no one has the right to refuse the division, referring only to the fact that the room is less than the standard.

But splitting the house into tiny shares is also unacceptable. A living space of less than eight square meters is considered a dangerous limit for a person, therefore it is established that the minimum area of any individual share during division is a room measuring 8.1 square meters.

What the law says

The implementation of such a right is enshrined in Part 1 of Art. 252 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), according to which property in shared ownership can be divided between its participants by agreement between them. Participants in shared ownership have the right to demand the allocation of their share from the common property.

However, such an allocation in kind is not possible for every residential building. The types of real estate objects, information about which is entered into the Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate) and in respect of which registration actions are carried out, are provided for in clause 1, part 4 of art. 8 of Federal Law No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Registration Law): land plot, building, structure, premises, parking space, unfinished construction site, single real estate complex, enterprise as a property complex or other type.

Part of a residential building is not provided for by law as an independent piece of real estate. Accordingly, it cannot be the subject of civil circulation as an object for registration of property rights.

Thus, part of a residential building is nothing more than a room or a set of premises in a residential building.

It should be taken into account that the state cadastral registration and state registration of ownership of premises in a residential building (Part 7 of Article 41 of the Registration Law) or residential building (Federal Law of April 15, 1998 No. 66-FZ “On Gardening, gardening and dacha non-profit associations of citizens") are not allowed.

Procedure and rules for dividing a private house into shares

Allocating a share in kind is nothing more than dividing a house into two separate rooms. The essence of this division is the transfer to each of the co-owners of an isolated premises with a separate entrance, suitable for living.

The main advantage of such a section is the ability of each owner to fully dispose of their part of the house:

sell;
give;
leave as an inheritance;
leave as collateral.

The actual division of a house in kind is possible subject to a number of conditions:

each owner must have a separate entrance to his part of the house;
each part of the allocated property must be suitable for permanent residence;
all living quarters must be isolated;
division of a land plot is mandatory, but only if after the division the individual plots do not change the type of permitted use, otherwise the land will remain in joint ownership.

Important. If the building is in disrepair or unsuitable for habitation, dividing the house in kind is impossible under any circumstances.

Before you start identifying a house in kind, you need to go through several stages of preparation:

Obtain permission to redevelop the house and make changes to its technical plan. Since redevelopment always occurs when dividing a house in kind, fulfilling this point is mandatory.
For each allocated share it is necessary to draw up a separate package of documents (cadastral and technical passport). Additionally, it is necessary to order land surveying.
Next, the owners draw up a written agreement on the division.
The next stage is a visit to Rosreestr. There, the documents will be examined, and if department employees do not find any contradictions with current legislation, then in two weeks all owners of their parts of the house will receive documents on ownership.

How to divide a house

The order in which the house is divided will depend on many factors. First of all, from the wishes of the spouses themselves. And also on the technical characteristics of the structure. Plus, the rights of third parties involved (for example, minor children) and the size of the share that each party can claim are taken into account.

Section by shares

The allocation of shares in residential real estate is used very often. If housing is privatized for several owners, this is a mandatory procedure. Plus, when real estate is purchased using a targeted government payment or under a mortgage loan agreement.

But spouses can allocate shares themselves without additional requirements by contacting Rosreestr. They will be determined as desired: as a percentage (for example, 50% of the entire area) or in kind (for example, two specific rooms).

During a divorce, spouses have the right to determine shares in the house and continue to live in it together. Those. The division of the house is carried out on paper. In the future, each party has the right to dispose of its share at its own discretion. This means he can donate it, sell it or pawn it.

In kind with subsequent redevelopment

Although it is easier to divide a private house than an apartment, it is also quite problematic. Therefore, this method is rarely used.

It is as follows. Shares in nature are isolated rooms. The house is divided into parts with separate entrances and a water supply and sewerage system (if they are present in principle).

If the house was not originally built this way, redevelopment will be required. Before it starts, you should contact a cadastral engineer and draw up a plan. Next, obtain permission to carry out redevelopment from the architectural department. After the reconstruction is completed, make a new house plan, register the work performed in the BTI and in the architectural department, where the house will be assigned a new address.

The division of the house is considered completed after all changes are registered in Rosreestr. Further, the husband and wife will be considered the owners of two different houses or apartments in an apartment building.

This division of residential property is expensive and time consuming. Therefore, it is carried out with those houses that were originally built in such a way that they have isolated rooms with all communications.

Allocation by agreement of the parties

Spouses can divide the house by drawing up an agreement. It can be concluded during a divorce or after the dissolution of a marriage. In this case, the parties determine shares in kind without creating separate isolated structures. For example, one of the spouses becomes the owner of three rooms on the second floor, and the other - four rooms on the first floor.

The allocation is registered in Rosreestr. Utility bills are also divided according to shares. The spouses continue to use common utility rooms together. The result is a house similar to a communal apartment. Further, each spouse has the right to dispose of their share regardless of the other party.

Payment of compensation

The most common option for dividing property involves transferring it into the ownership of one party with the subsequent payment of compensation to the second spouse for his share. Its size depends on the size of the share of the spouse who ceases to be the owner.

If the house was purchased as a common joint property, and it has no other owners, then its cost will simply be divided in half, and the resulting amount will be the amount of the compensation payment.

It is not necessary to give it away in money. Spouses can also agree on the netting of property. For example, a wife receives a shared house worth 4 million rubles, and in return gives her husband a private apartment worth 2 million rubles.

How to divide a house into two owners

There are often situations when they try to divide a two-flat house. When dividing such a house, an interesting situation arises - the property was originally intended for separate residence of two owners, each premises has a separate entrance, each premises has its own unique postal address, but Rosreestr refuses to register the property rights. The reason is trivial: the land under the house has a category intended for individual residential construction, and the house has the status of an apartment building.

In such situations, both owners of their halves of the house must first register the entire house as common shared ownership, thus confirming the intended use of the land. Then the division occurs according to the scenario described above: allocation of shares in kind.

Important. If such a house was built in 2006 or later, then before proceeding with the allocation of shares, it is necessary to obtain an act of putting the property into operation.

A two-flat house can be legally divided

There are many semi-detached buildings throughout the republic, especially in rural areas. Most of these houses were built in the 70-80s of the last century for young specialists of agricultural enterprises - there are even settlements almost completely built up with such houses. Mostly such buildings were registered as apartment buildings in common shared ownership. In fact, semi-detached houses are not like that. An apartment building can house a large number of apartments (blocks), with a family living in each apartment. However, in apartment buildings, leaving their own apartment, people enter common areas (front door, entrance), and only after that - into the territory that is owned by all residents of the building.

In fact, almost all apartments in such houses have a separate entrance, which means that the buildings are houses of blocked development. According to clause 2, part 2, art. 49 of the Town Planning Code of the Russian Federation, a residential building of blocked development is considered to be a residential building with a number of floors of no more than three, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall or common walls without openings with the neighboring one block or neighboring blocks. Such a house is located on a separate plot of land and has its own access to the plot.

Specialists of the cadastral chamber explain that for the documentary division of a two- or three-apartment building, it must be officially recognized as a blocked building. Each block will meet the requirements of an individual residential building, since it consists of rooms, as well as auxiliary premises intended to satisfy citizens’ household and other needs related to their residence in the building. Accordingly, it will be possible to register each such block with the state cadastral register as a residential building.

To assign a house the status of a blocked development, you first need to find out whether the placement of such a property on your land plot is permitted. You can obtain such information from the Land Use and Development Rules of the relevant municipality. Next, you should contact the municipal administration with an application to recognize the residential building as a blocked building. After the administration makes a positive decision, you can begin the procedure for dividing both the house and the land plot underneath it. First, you will need to contact a cadastral engineer to draw up boundary and technical plans for the division of the land plot and the house. When dividing land, you should remember the maximum permissible minimum sizes of land plots, which are also specified in the Land Use and Development Rules. In most municipalities of the Udmurt Republic, plots cannot be less than 400 sq.m. Also, the cadastral engineer will have to prepare a technical plan for dividing a semi-detached house into two separate residential buildings.

Having boundary and technical plans, all owners turn to a notary to draw up an agreement on determining the shares of the formed objects. After this, it will be possible to submit documents for cadastral registration and registration of rights to individual land plots and residential buildings. To submit an application, all co-owners will need to contact one of the nearest multifunctional centers at the same time. After registering property rights, owners of plots and houses will be able to dispose of them independently - sell, donate, bequeath, without waiting for the approval of neighbors.

How much does it cost to divide a house into shares?

When dividing a house in kind, the owners will have to pay a certain amount of money, which varies in different situations.

For example, if the co-owners resolved the problem peacefully and agreed to enter into a voluntary agreement, then they will have to pay for the work of a notary to certify the agreement. The cost of such a service depends on the value of the property that the co-owners are going to divide.

So, if the cost of a house is up to 1 million rubles, the cost of the service will be two thousand rubles, plus 0.3% of the cost of the house.

If the property costs more than 1 million rubles, then the notary service will cost five thousand rubles, plus 0.2% of the price of housing construction.

When dividing a house through the court, the owner who files the claim will have to pay a state fee.

The cost of technical expertise ranges from 10 thousand rubles and above, depending on the complexity and volume of the expert report.

Home division expert

Any real division of a house requires technical expertise. The expert conducting the premises inspection must answer the following questions:

Is it technically possible to divide this house in kind?
What are the possible division options in accordance with the shares of the owners of the house.
What actions should be taken to redevelop the house.
What is the approximate cost of the necessary redevelopment.
The amount of monetary compensation that one owner will have to pay to another if it is not possible to divide the home ownership in proportion to the ideal shares.
What is the market value of the house being divided in kind?

If the co-owners of a residential building decide to divide it in kind, it is advisable to contact a qualified lawyer, there are several reasons:

Any real estate has a fairly high value; the risk of losing expensive property during illegal division is quite high.
A lawyer will be able to competently protect the interests of the principal, tell you what documents will be required for dividing the house, what steps and in what sequence will need to be taken, and warn against illegal actions.

If you use the help of a lawyer to divide a house in kind, the entire division procedure will take place in a shorter time, and its result will be more favorable for the owner.

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