Recently entered into force the next “restrictive” law. Now the Russians are not allowed to sell, give and exchange of shares in a residential property without the consent of all owners of the apartment or house. Notaries, with the participation of which is now held every one of these transactions claim that the law is aimed at combating fraud. Experts also believe: “crooks” is just a beautifully designed occasion; the law greatly complicates and increases the cost of the transaction with any housing. And best by and large only the notary community.
photo: Roman Orlov
Try to understand. “Deals with the implementation of a share in the common property is the area where crimes occur frequently. For example, an unscrupulous buyer purchases a small share in the apartment and gets the right to live in it, then creates for the neighbors unbearable living conditions, in order to force them to sell their shares at below market price (or be forced to buy their share at a high price). All these machinations will reveal when registration by the notary of the transaction,” says managing partner of “Metrium Groups” Maria Litinetskaya.
If there were legal norm applies only to those cases, it would be only pluses. But in the interpretation of the law, which we see more disadvantages.
Let’s say you decide to sell you a room in a communal apartment. The reasons for such action may be many: the individual purchase of housing, marriage, moving to another city, etc., etc. whatever it was, they concern only you. However, of your intention you must give a written notice to the other homeowners, detail putting the details of the transaction, including the value of the share. The owners, in turn, have the right within one month to decide whether they want yourself to purchase your share. If you want to — consider yourself lucky. But if you don’t want your share you may sell soon. Or do not sell.
The fact that the notary will register the transaction until then, until you give him the paper from other owners of housing in which they not only pass on the deal, but not in principle oppose it. In other words, if the neighbor is Peter does not want to leave your room lived another person, he will actually put an end to the deal.
Chairman of the Board of Directors of the company “BEST new Building” Irina Dobrokhotova says that the real estate market the innovation was quite unexpected. That law was passed, it became known on may 29, June 2, it entered into force, and its text was published on the 6th.
— Before making any recent changes to notarial certification of the transaction was subject to purchase and sale of the shares to another person. Now even the related transactions or transactions between owners of shares are subject to notarization, — says Irina Dobrokhotova. — The transactions with real estate, held in trust, now notarization not be.
— I don’t see any compelling reason for this law, ” says the owner of the Agency CENTURY 21 Panorama Realty Konstantin Lamin. — Now this law to a greater extent complicate the citizens life. Trades to carry out hard, this formality directly affects the time of the transaction, the majority of transactions postponed or not done at all. Already, the notaries do not have time to cover all requests. If the apartment is two rolevika who voluntarily sell the whole apartment, notarization is simply a formality. If he wants to sell the share of one participant, before he could send the notice in writing, now would requires the presence of both. While one could simply ignore the deal, and then it eventually just won’t take place.
Financial analyst of “FINAM” Timur Nigmatullin expects that innovation will lead to significant delays in transactions involving a large number of part owners. “But the most controversial point is the need to provide written waivers from all other owners. This creates significant risks of intentional delays in transactions” — says the analyst.
We are talking not only about the rooms in communal apartments. The new rules also apply to the sale, donation or exchange of entire real estate, if they are in shared ownership. For example, a husband and wife want to sell the apartment which they own in equal shares. And even in this case, spouses must ask each other permission. Where is the logic? Analysts say there is an inflection in the law, pursuing a significant expansion of powers of notaries.
— The rapid adoption of this rule is difficult to explain. One can only assume that in recent years very actively lobbying for the interests of notaries. I mean giving authority for state registration, and the reduction of the term for registration of the notarial deed, ” says the legal counsel of legal services of INKOM-Nedvizhimost Natalia Kiseleva. The law was positioned as the protection of the rights of buyers and co-owners of a share in the apartments. However, if so, why introduce mandatory notarization of contracts of alienation of entire apartments owned by the owners of the shares (for example, the same situation, when the family sold the apartment in common ownership of spouses). Where is the “protection of stolikov”?
CYANOGEN senior analyst Alexander Pypin suggests that the inclusion of the law cases when the apartment is sold entirely, but it has several owners, on the contrary, quite logical. “This is probably a transitional stage to ensure that all transactions in the secondary market will be certified by notaries”, — says the analyst.
Notarization of the transaction is an additional step in an already rather complicated procedure for the sale-purchase of real estate. “No matter how much said notaries on its openness to the population and readiness to large volumes of work, and yesterday I could not imagine the notary office queue, and that will be today and tomorrow, even afraid to think, — says Natalia Kiseleva. — Another obvious disadvantage are the high costs for preparation time of notarization of the contract. It is also impossible to exclude the possibility of requiring notaries additional documents in the apartment, which would also hinder the transaction itself”.
— There is an opinion that the law is aimed mainly at maintaining the notarial community. At the end of 2015 has already imposed a ban on the sale of shares without a notarization, but the innovations did not concern those who sold the share to the current owner. In the wording of the new law tightening affected not only the transactions of purchase and sale, but also donation, and exchange, — the General Director of company “MIEL” Natalia Shatalina.
Finally, for both sides significantly increased spending. “For each property deal with shares of the notary will have to pay 0.5% of the value of the share (but not less than 300 rubles and no more than 20 thousand) — says Maria Litinetskaya. — If to consider that transactions with shares often are held between the residents of communal apartments or the elderly, for them it can become a big expense. Moreover, notaries often impose their services (for example, for the preparation of the contract), from which it is impossible to refuse. The cost of these services usually starts from 5 thousand rubles”. “The average price of transactions with shares has grown by 2.3 times,” — says Konstantin Lamin.
— If the share is worth several hundred thousand rubles and the services of the notary in this case be about 10% of the transaction, then, of course, the parties will argue as to who paid this amount — continues Alexander Pypin. — And for people in remote areas and villages to the costs of notaries and added transportation costs.
Director of the network of offices of real estate Est-a-Tet Alexey Bernadskiy, however, believes that these costs are justified: “Before after deals for the sale, donation or exchange with the shares other owners shares in the apartment very often pleaded with the sellers. The reasons were many: the request for waiver has been completed correctly, then offer the requested purchase amount was higher than the amount held at the end of the transaction, the purchase transaction are processed as a transaction for the donation, not to get permission from the other owners. Notarization will allow to minimize risks and eliminate a number of problems and subsequent courts between the owners. A notary will cost not as expensive as the subsequent trials”.
— Recently in the courts is considered a large number of cases on cancellation of transactions of purchase and sale of housing on the secondary market. The entry into force of the law on compulsory notarial power of attorney on the “secondary market” — a kind of analogue of the 214 th Federal law on the primary real estate market, — says head of sales of residential real estate Department at NAI Becar Cyril Mochenkov.
Now notaries who know how to work on real estate transactions, due to the entry into force of the new law turns up. To make transactions with shares very difficult and long, not all notaries are now ready to deal with them. So the market has adapted to innovations and turn slept, it will take up to six months, total professionals.Related posts: