What size sectional for my room


Sofa scaling: tips for choosing the right sofa for your room

(Image credit: Future / Johnathan Gooch)

Correct sofa scaling is an imperative for a successful interior design, along with selecting its shape and color. After all, this piece of furniture is the main feature of most social spaces – which makes living room seating ideas all important. 

‘Size takes precedence as it is crucial for the perception of a room volume to choose the most appropriate dimensions,’ says BIID registered interior designer Hedayat of  Jam By Hedayat . 

‘We make sure that any piece of furniture has enough circulation around it as well as space, so that it does not dwarf any design details or features in a room.  A sofa that is too large will engulf the room disproportionately and one that is too small will not serve its function.’ 

Below, we list the practical design rules for using scale in interior design along with expert advice from professional interior designers.

1.

Consider the two thirds rule

(Image credit: Bee Osborn)

A sofa that’s the full length of the wall in front of which it is positioned could prove overbearing in a room scheme. But it’s also the case that a sofa can look too small. 

One approach to getting the right proportions is to aim for a sofa that’s about two-thirds of the wall length.

If you’re using this tactic, bear in mind that generally sofas might be around 72, 84 or 96 inches (UK equivalents might be around 175, 210 and 240cm). Accordingly, two-thirds of the wall length in question might fall between two standard sizes. If that’s the case in your room, there’s the option to go a little above two-thirds of the wall length with the larger sofa size in order to seat more people. 

Alternatively, choose the best couch for you that’s less than two-thirds of the wall’s length if the extra seating space isn’t required. Either way, there is room to adjust and an out-of-proportion sofa won’t be the result.

Opting for a bespoke sofa instead? You can commission precisely the length of design you prefer.

It is possible to choose a smaller sofa, however, perhaps influenced by the pieces of furniture nearby. ‘When scaling a sofa to a room as a rule of thumb we tend to make the sofa half the size of the wall it is going on to allow the space around it to breathe and also to place side tables with lamps on either side,’ says interior designer Bee Osborn of Studio Osborn . 

2. Take sofa depth into account

(Image credit: Future / Jon Day)

Be aware of a sofa’s depth in addition to its length. The largest standard size sofa in a style that gives it a depth of 40 inches (around 101cm) might prove overly imposing without a generous room to occupy. 

'Sizing down to a sofa with a smaller length but the same style isn’t the answer if the sofa takes up too much space in this dimension because the seat depth will remain the same. Instead, consider a different shape; more traditional and upright as opposed to modern and slouchy could be the answer,' advises Homes & Gardens Editor in Chief Lucy Searle.

3. Think purpose when deciding on sofa size 

(Image credit: Future / Johnathan Gooch)

While the dimensions of the room are an essential factor when choosing the right sofa, how the room is used will also influence which sofa size is best. 

‘In a TV, cinema or family room where family don’t mind sitting together we frequently use a big squishy corner sofa, often with a footstool which can be moved along for whoever wants to put their feet up and lounge or it can be moved aside,’ says BIID registered interior designer Amanda Meade .

When a room is used largely for entertaining visitors, two sofas facing one another can prove more sociable than one large version that puts sitters in a line, and the sofas will accordingly need sizing down with adequate space between and around them. 

4. Select a sectional

(Image credit: Sims Hilditch)

Its L-shape means an additional dimension of a sectional needs to be considered. If the sectional has a chaise, you might want to plan on taking up no more than half of the length of the wall with which it is parallel.  

A sectional will often work well as a room divider. ‘A large L-shaped sofa is a great choice for an open-plan space as it helps to delineate the sitting room area from the dining area or kitchen,’ says  Emma Sims-Hilditch of Sims Hilditch  

But a sectional can also be a fabulous choice for a small room because it’s more space efficient than a sofa plus armchair combination. In this case, choose one of dimensions that follow the perimeter of the room.

5. Factor in the sofa’s shape

(Image credit: Jam by Hedayat)

The shape of the sofa is also a key consideration. If the room has a low ceiling, opt for a sofa with a lower back to keep the design in proportion to the room’s height. A design with a low back can also create the illusion of extra space below more usual ceiling heights.

How the living room is used can also be important. For a room that’s a library or den, you might want to opt for a taller sofa. ‘The higher backed sofa gives a feeling of a gentleman’s club,’ says Amanda Meade.

A sofa’s lines may be curved or angular. Depending on the other furniture choices in the room, the former may be preferable. ‘We like to use sofas with curved details in rooms to break too much angularity and allow for some softness,’ says Hedayat of Jam By Hedayat.

6. Pay attention to a sofa’s arms

(Image credit: Future / Paul Raeside)

As well as the overall form, or shape, of the sofa, focus on its arms.  ‘We consider the height of the arms and the reach to the side for side tables,’ says Amanda Meade. ‘Bulky arms can often obscure the flow in a room.’

Pay particular attention to how the sofa’s arms will affect sight lines through the space. They shouldn’t block the view of a window nor another of the room’s features.

7. Be aware of the impact of color

(Image credit: Caitlin Miller Photograph: Paul Craig)

The color you choose for the sofa will influence how commanding it appears in the room, so consider its hue in these terms as well as thinking about it as part of the space’s overall color scheme.

‘For this space (see above), I wanted to maximize seating without having a sofa that dominated the space,’ says BIID registered interior designer Caitlin Miller . ‘I ensured the sofa filled almost all of the back wall, while leaving space for a floor lamp and side table – which is important to bring cosiness to the arrangement and provide a location for drinks or a book while snuggled up. 

The sofa wraps in front of the bay window allowing a sofa-back console that provides a great location for low level lighting. I left the space in front of the fireplace clear to keep the space light and uncluttered. 

‘Pale grey was a perfect color for this space to continue the light, airy feel while contrasting with the rich, warm woods in the floor and coffee table.’

For a den, it might be desirable to choose a sofa color that’s bolder.  ‘A large cozy sofa adorned with cushions can be a statement feature in a room, particularly if it is upholstered in a striking color like blue,’ says Emma Sims-Hilditch. ‘If the room is designed to be a comfortable space for relaxing or enjoying a film with the family then it stands to reason that the sofa should be a prominent feature of the room.’

Sarah is a freelance journalist and editor. Previously executive editor of Ideal Home, she’s specialized in interiors, property and gardens for over 20 years, and covers interior design, house design, gardens, and cleaning and organizing a home for H&G. She’s written for websites, including Houzz, Channel 4’s flagship website, 4Homes, and Future’s T3; national newspapers, including The Guardian; and magazines including Future’s Country Homes & Interiors, Homebuilding & Renovating, Period Living, and Style at Home, as well as House Beautiful, Good Homes, Grand Designs, Homes & Antiques, LandLove and The English Home among others. It’s no big surprise that she likes to put what she writes about into practice, and is a serial house renovator. 

Expert Advice for Choosing the Right-Sized Sofa

Home Projects

Living Room

by Ashley Poskin

published Nov 15, 2019

We independently select these products—if you buy from one of our links, we may earn a commission. All prices were accurate at the time of publishing.

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Finding the perfect sofa is not easy. I should know: I’ve been through 16 sofas since moving out of my parents’ house 18 years ago. Sixteen! I’ve been on this journey to find my sofamate for quite some time and have no plans of stopping anytime soon. And as far as knowing it’s the right one? Other than just “feeling it”, and knowing my personal style, I’m finally educating myself as to what it is I need to look for size-wise.

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How Do I Choose The Perfect Sofa?

I’ve made a few mistakes along the way, choosing “cute” but not practical, or “colorful” but obnoxious and hard to live with. Looking back, all were too big for the size room I’d put them in. So I asked interior designers Amanda Norcross and Scott Paterek of Norcross and Scott for help in figuring how how big is too big, and how small is too small. The bottom line: Whether you’ve got the budget for a high-end piece or a Craigslist steal (full disclosure: most of my sofas have come from Craigslist!), the equation for finding the right size sofa is the same every price point. Here’s what Norcross and Paterek have to say.

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Think about your own dimensions, not just your room’s

“First, the sofa has to fit the client,” Norcross and Paterek say. Factor your height into the purchase, as well as whether you prefer low seating or a more upright position. After that, try to allow for at least three feet of space around it for traffic. “We often use a 72″ mid sofa because so many older homes have a 12-foot-wide living room,” they say.

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Factor in your existing furniture

Your furniture doesn’t need to match, but it should all be at roughly the same height, Norcross and Paterek say: “You don’t want to be towering over your guests!” Aim for something that would put you at roughly eye level if you’re sitting and chatting.

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Consider where you’ll place it

Whether you float the sofa in the middle of the room or place it against one of the walls will affect what size and shape works best. “With floating sofas, curvature is frequently a bonus and can create a pleasing visual,” say Norcross and Paterek. “Half-circle sofas or sectionals with curved corners are often optimal for traffic flow.”

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Don’t be afraid to buy a sectional

Sectionals are huge (and heavy), so I’ve never committed to one in my 16 sofas. So I asked if there were a minimum size a room should be for a sectional—and was surprised by the answer. “Often a sectional helps a smaller room,” Norcross and Paterek say. “A sectional following the perimeter of the room, with one interesting chair, takes up very little floor space.”

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Fake the look before you shop

Drawing your plans on paper or viewing them in an app can help you decide what’s right, but there’s nothing like seeing your selection in person. But how do you do that without bringing the couch home first? “Using existing furniture is a great way to get a feel for how the space will be occupied,” say Norcross and Paterek. “There have been times we’ve lined up three dining chairs to show sofa placement.” You can also use painter’s tape laid out on the floor to suit the exact dimension of the sofa so you get the feel.

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Take your measurements with you

Don’t go to the store without everything in hand, including the dimensions of your living room, the locations of your windows, and the height you’re trying to match. Also keep in mind your traffic flow, so you know where you can place your new piece. Happy sofamate searching!

Types of hostels

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07/30/2020 / Comments: 4 / Views: 76957

demand from the population. Students, labor migrants, workers from other cities, travelers and just those who cannot afford to rent an apartment live in them. In Moscow alone, the choice of hostels is huge - there are more than 400 of them. And the first question that arises when choosing temporary housing: how do they differ from each other?

Let's find out what kind of hostels there are.

Types of layouts in dormitories

The arrangement of living and utility rooms largely determines the daily routine and organization of everyday life. There are 4 types of layouts:

Corridor type dormitories

These are traditional dormitories where the rooms are located on both sides of a long corridor. Usually at the end of the corridor there is a toilet, a shower and a kitchen (one room per floor). There are many such hostels in Moscow. Despite the fact that their tenants often have to wait in line for the toilet, bath and even the kitchen, and everyone who passes by tries to look into the room, this type of housing is the most economical and affordable.

Typical corridor-type dormitories are presented in the note to the article.

Block (sectional) dormitories

In these dormitories, there are several sections on the floor, each of which has 2-3 living rooms, its own bathroom and kitchen. The common front door is usually locked with a separate key. Residents of block dormitories feel more comfortable - they have more personal space and a higher level of security. One has only to make friends with the neighbors, and such a room will become a real home.

Here is so , for example, block dormitories in Moscow look like.

Apartment-type dormitories

The rooms of such dormitories were real apartments for 1 or several rooms, which had their own shower, bathroom, kitchen, and sometimes a balcony. Each room usually accommodated 2-3 people. But since October 1, 2019, after the entry into force of the so-called "Khovanskaya Law", which prohibits the provision of hotel services in residential premises, there is not a single apartment-type hostel left in all of Moscow.

Hostels of the hotel type

These hostels offer the most comfortable conditions. There are at least a few rooms for 1-4 people with all the necessary furniture, single beds and private bathrooms. Often they install air conditioners, TVs and even organize a separate kitchen. Rooms in these dorms resemble real hotel rooms, but cost significantly less. This is the most suitable option for families with children.

Hotel hostels in Moscow and the Moscow region, where you can relax in comfort, see the note to the article.

Types of rooms (premises) in hostels

The level of comfort in a hostel (as well as the cost of living) depends not only on the layout, but also on the number of residential and non-residential premises, their size, type and furnishings.

Residential rooms

These include premises intended for living. That is, only those rooms where there are sleeping places (in hostels they are called a bed). The number of beds in a room is calculated based on its living space.

Rooms have an average of 6 to 10 beds. But sometimes there are rooms so spacious that 20 or more people can live in them at the same time. Family rooms are designed for 2-4 people. There are also rooms with 1 bed. Women, as a rule, live separately from men - separate rooms or blocks are allocated for them.

Rooms in modest dormitories are furnished only with simple bunk beds with old mattresses. Better dormitories have a complete set of furniture: comfortable single and double beds, lockers, tables and chairs, wardrobes for clothes and utensils. Often, TVs, refrigerators, electric kettles and even microwaves are installed here.

Non-residential premises

Non-residential premises include corridor, kitchen, bathroom and toilet, as well as other common rooms.

In some dormitories there are only two bathrooms for the entire building: women's and men's, in others there are several on the floor. The kitchen is equipped with stoves and sinks, as well as a small dining area.

If the presence of a kitchen and a bathroom in a hostel is mandatory, then other public premises are not everywhere. Common areas include:

Forms of ownership of dormitories

Living conditions and services in dormitories are completely dependent on the owner. Someone provides their residents with only the most necessary, someone offers maximum comfort and additional services.

According to the form of ownership, they are distinguished:

Student hostels

Former burses are the progenitors of all modern hostels. Here, universities - owners of premises - place their students and applicants for the period of study. Not only those who came from another city live in student dormitories, but also students with a local residence permit. Subject to availability, teachers and employees of universities, institutes and colleges can also settle here. The rules for living in such dormitories are very strict, systematic and gross violations of which can lead to eviction. The commandant strictly monitors the observance of order.

Workers' dormitories

This is a place of temporary residence for foreign and non-resident employees, as well as seasonal workers. Such dormitories belong to one or more enterprises that provide their employees not only with a job, but also with affordable housing. Citizens of foreign countries living here can apply for free temporary registration at the place of residence. Dormitories for workers are usually not settled either with animals or with children. Smoking is allowed only in strictly designated areas, and drinking alcoholic beverages is strictly prohibited.

Commercial hostels

They are owned by private organizations. For a fee, anyone can rent a bed here inexpensively. Enterprises that do not have their own dormitories enter into agreements with management companies to accommodate their employees. The environment in commercial hostels is most often pleasant, the level of service and security is quite high. The staff is responsible for cleaning public areas, and a set of clean bed linen is provided upon check-in. But even here, violations of the rules can be severely punished.

Family dormitories

This type of housing in its original sense has forever remained in the past. In Soviet times, family dormitories belonged to the state or an enterprise, which, as a reward for special merits, provided families with separate rooms. Settled here and those who honestly defended the queue for housing. The bathroom and kitchen, as in other dormitories, were shared and located on the floor, but the family was assigned their own living space, where no one could be accommodated.

Today, the family type of dormitories is represented by commercial facilities with separate rooms for 2-4 people, where children are allowed.

In Moscow, you can stay here with your family.

Hostels of any type can be as bad as bad with poor quality repairs, old furniture and broken plumbing, or so good that they can be compared with economy class hotels. As you can see, there are plenty to choose from. Someone is satisfied with an ordinary bed in a budget corridor hostel, someone prefers a room with amenities in a more expensive hotel-type hostel. Our website will help you choose an inexpensive and convenient accommodation option - there is a detailed description of each object, a list of services provided and up-to-date photos of the rooms. Focusing on personal capabilities and needs, everyone will be able to choose the right option for themselves.

Note. Typical representatives of each type of dormitory:

Representatives of the corridor -type hostels:

"Dormitory Likhobors"

Photo / Read more

"Passenger Painfly"
010 Photo / details

Hostel on Tushinskaya

Photo / details

Examples of block type hostels:

"Dormitory Medvedkovo"

Photo / Read more

"KOSTUKHOVSKAYA"

Photo

Photo / details

Hotel-type dormitories:

"Hostel in Balashikha"0112

Photo / Read more

"DOUNTION in Peredelkino"

Photo / Read more

"Dormitory on Georgian"
Photo on Basmannaya

Photo / details

Paris Hostel

Photo / details

Hostel on Baumanskaya

Photo / details

"Hostel Rational Kutuzovsky"

Photo / details

23. 04.2013, updated on 30.07.20

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what documents are needed and how to find buyers

Living rooms in a communal apartment belong to different owners.

Alexey Kabluchkov

lawyer

Author profile

In addition to the rooms in the communal apartment, there are common areas: kitchen, bathroom, corridor or hallway. They belong to all tenants of the apartment.

Selling a room in a communal apartment is more difficult than selling an ordinary apartment: for example, you first have to offer to buy a room to your neighbors. In the article I will tell you what documents to prepare for the transaction, what to provide if the buyer has a mortgage, and how the sale of a room in a communal apartment differs from the sale of an ordinary apartment.

The history of communal apartments

Communal apartments are a legacy of the Soviet past.

In 1918, private ownership of housing was abolished, and the so-called "densification" began - new neighbors began to move in with the former owners of apartments, most often from the working class. The government calculated that 9 m² is enough for a person to live, and the extra meters should be provided to those in need. This is how the first Soviet communal apartments appeared.

Decree of the Council of People's Commissars of the RSFSR dated 25.05.1920 "On measures for the correct distribution of dwellings among the working population"

It was assumed that communal apartments were a temporary measure. But the number of urban residents grew, and there were not enough apartments for everyone. Therefore, from the end of the 20s of the 20th century, the Soviet state began to build new houses with communal apartments. Each tenant had a separate room or part of it, and kitchens, dining rooms, bathrooms and laundry rooms were shared.

A brief history of the housing issue - "Arzamas"

Now communal apartments are in a semi-legal position. Neither the Housing Code nor other federal laws even contain the concept of a communal apartment - it can be found in some regional laws on the basics of housing policy. For example, the law of the Nizhny Novgorod region states that an apartment is recognized as a communal apartment in which several owners of rooms or tenants live. They share the auxiliary premises of the apartment and the engineering equipment that is located in them.

Section 5 Art. 1 of the Law "On Housing Policy in the Nizhny Novgorod Region"

The authorities of modern Russia are trying to get rid of communal apartments as a relic of the past. Back in the 90s, programs for the resettlement of communal apartments appeared, but it was not possible to finally defeat them.

Program for the phased liquidation of communal settlements in Moscow

Not only the state is dissatisfied with communal apartments. Many owners of rooms in communal apartments try to sell them. Here's how to do it step by step.

Step 1

Make sure that the room has ownership

Previously, communal apartments belonged to the state, and since 1991 they were allowed to be privatized - transferred to the tenants free of charge.

Not everyone managed to privatize the rooms, so both the residents and the municipality — the city or town in which the apartment is located — can have the right to own them. In the latter case, tenants occupy rooms under social tenancy agreements. At the same time, in one apartment, some of the rooms may belong to residents, and some to the municipality.

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How to draw up a social tenancy agreement

To find out if you own a room in a communal apartment, the easiest way is to find a document confirming it. Moreover, the buyer is likely to ask to see such a document before the transaction.

The type of title document depends on the year of registration:

  1. Until 01/31/1998, each region had its own form of a document that confirmed ownership. Most often it was called a certificate or an act.
  2. From 01/31/1998 to 07/15/2016, a certificate of state registration of rights began to be issued throughout Russia.
  3. From July 15, 2016 to December 31, 2016, instead of a certificate, they began to issue an extract from the USRR.
  4. From 01/01/2017, an extract from the Unified State Register of Real Estate - USRN - is issued on the main characteristics and registered rights to the property.

Part 1 21 FZ No. 360-FZ

Part 1 Art. 28 FZ "On state registration of real estate"

Don't worry if there are no documents for the room. You can check who the owner is by an extract from the USRN. Such an extract has the same legal force as any previously issued document for a room. An extract from the USRN is the only and sufficient document of title to real estate; the buyer will ask to show it in any case.

/back-in-ussr/

I bought a room in a communal apartment

If you are the owner of the room, then in section 2 of the extract from the USRN, in the column "Copyright holder" your data will be indicated. If the municipality is indicated in the "Copyright holder" column, then you are not the owner. In this case, you first need to privatize the room.

This is how an extract from the USRN for an ordinary apartment looks like. But the principle is the same: the owner is indicated in the "Copyright holder" column

How to order an extract from the USRN

An extract from the USRN can be ordered at the MFC or on the Rosreestr website. There are several options for extracts, but if the seller does not have special requirements, then the simplest and cheapest one is suitable - about the main characteristics and registered rights to the property. At the MFC, such an extract can be ordered for 460 R in paper form, and on the Rosreestr website for 290 R - in electronic.

Order of the Ministry of Economic Development dated December 25, 2019 No. 839

To order an extract, you need to know the cadastral number of the room. It must be in the certificate of registration of the right. If you have an old-style certificate or no documents for the room have been preserved at all, then the cadastral number can also be found for free on the Rosreestr website.

To find the cadastral numbers of all rooms in a communal apartment, you need to drive in its address From the list that opens, you can find a room by its number

Step 2

If it is necessary to privatize a room

We have detailed instructions for privatization, so I will only tell you the main points.

First you need to collect documents. Each region independently approves the list of documents for privatization - it will be prompted by the local administration. Most likely, it will be necessary to prepare a social contract of employment and passports of those who are registered in the room. It is also necessary to obtain written consent to privatization or written refusals from it from all registered residents.

/nightmare-in-kommunalka/

Definitely not: 3 reasons why you should not buy a room in a communal apartment

After that, you need to apply for the transfer of the room into ownership with a package of documents to the authorized body. This may be the department of property relations, the city property management committee, the state property management department - in each locality it is called differently. You can find out who to address the application to at the MFC or on the official website of the local administration.

The application must be processed within a maximum of 46 working days - two months. As a result, they will either refuse to privatize, if there are legal grounds for that, or they will give the contract for the transfer of the room into ownership for signing. The signed agreement must be submitted to Rosreestr. This can also be done through the MFC.

Art. 8 of the law "On privatization of housing stock in the Russian Federation"

Step 3

Check what exactly you are entitled to

Each region has its own procedure for privatizing rooms in communal apartments. In most subjects, the room itself is transferred to the tenants. But there are regions in which not a room is transferred to ownership, but a share in a communal apartment in the amount of the area of ​​the room.

The difference between a room and a share

A room is a specific part of an apartment with a certain area and a separate cadastral number. A share is not a part of an apartment, but a part of the ownership of it. Here's how it counts.

For example, in a communal apartment there are three rooms with a living area of ​​80 m². There is also a toilet and a kitchen area of ​​20 m². That is, the total area of ​​​​the apartment is 100 m². The tenant privatized a 25 m² room. By virtue of the regional law, the tenant received not the right to a room, but a share in the ownership of the entire apartment, that is, 25/100 or 1/4.

In St. Petersburg, a share in an apartment is transferred to the property. Its size is determined by a simple formula: the area of ​​a room to the area of ​​a communal apartment. One resident of the city even tried to challenge such a privatization procedure in court. But the court refused him: he pointed out that the regional authorities themselves can determine the object of privatization.

Ruling of the Supreme Court of the Russian Federation dated September 15, 2004 in case No. 78-Г04-36PDF, 88 KB You need to look in the column "Type of residential premises" in section 1. If the property is a room, then "Room" or "Premise" will be indicated, and if the share is per apartment - "Apartment".

The size of the share can be seen in the column "Type, number and date of state registration of rights" of section 2 "Information on registered rights".

If the property had a room, instead of the word "Apartment" the column "Type of residential premises" would indicate "Room" or "Premises"

If you own a share in a communal apartment, immediately draw the buyer's attention to this. Few banks are ready to issue a mortgage loan for the purchase of a room, and even fewer for the purchase of a share in a communal apartment.

Part 2 7 FZ "On Mortgage"

When a bank issues a loan for the purchase of a room or share, it takes them as a pledge from the buyer. The owner of a room in a communal apartment is not required to obtain the consent of the neighbors to pledge neither their room nor their share. But a mortgage secured by a share is a different loan product. A bank that is ready to issue a loan for the purchase of a room may refuse to issue a loan for the purchase of a share: in case of debt on the loan, it will be more difficult for the bank to sell the share than the room.

We know everything about real estate

We analyze complex situations with the purchase and sale of housing, talk about laws that apply to property owners

Step 4

Notify tenants about the sale of a room

Residents of a communal apartment have a priority right to buy a room in it. Therefore, you must first notify the neighbors in writing of your intention to sell the room. This must be done a month before the sale.

Part 6 Art. 26 ZhK RF

p. 2 Art. 250 Civil Code of the Russian Federation

It is obligatory to indicate the price of the room in the notice. You can install it yourself, but later you need to sell the room at this price. Otherwise, it would be possible to bypass the pre-emptive right of purchase: offer a room to neighbors at a high price, and sell it to an outsider cheaply.

Template for a notice of intent to sell a room in a communal apartment

If the other tenants of a communal apartment do not buy a room at the offered price within a month, then it can be sold to any other person. But at a price not lower than the one for which the room was offered to the neighbors.

Sample notification of neighbors about the intention to sell a room in a communal apartment. Without it, it will not be possible to sell the room to an outsider

How to send a notice. Confirmation must remain on hand that the neighbors received a notice of the sale of the room. Therefore, you can send it like this:

  1. Hand it over personally and ask your neighbors to sign your copy of the notice that they received it. In addition to the signature, the neighbors must put the date and write their full name with their own hands.
  2. Send a notice by telegram or by registered mail with acknowledgment of receipt and description of the enclosure.
  3. Contact the notary to send the notice.

Rosreestr on the pre-emptive right to buy a room in an apartment

The easiest way is to ask your neighbors to sign your copy of the notice, but officials may not like this method. Proof of sending the notice must be submitted to Rosreestr, and its employees do not always trust a simple signature on a copy of the document: they believe that the seller himself can sign instead of a neighbor. Therefore, it is better to serve the notice through a notary or send it by mail.

p. 46 h. 1 art. 46 FZ "On state registration of real estate"

A notice must be sent to each owner in a communal apartment at the address of his registration. If you do not know where the owner is registered, a notice can be sent to the address of the communal apartment. Keep the postal receipt: it is proof that the notice was sent.

paragraph 1 of Art. 165.1 of the Civil Code of the Russian Federation

clause 2.7 of the letter of the Federal Tax Service of March 31, 2016 No. 1033/03-16-3

How the notice period is calculated

The one-month period is calculated not from the moment the notice is sent, but from the moment it is delivered to the addressee.

You can track when the recipient receives the notification through the Russian Post website by the postal ID number.

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How Russian Post works

If one of the neighbors avoids receiving a letter, the notice is considered delivered from the day it arrives at the post office at the addressee's place of residence. That is, if the letter was returned after the expiration of the storage period, then the monthly period can be calculated by the calendar stamp on the envelope.

paragraphs 3. 2-3.4 of the letter of the FNP dated March 31, 2016 No. 1033/03-16-3

Neighbors may not be the real owners of the rooms. For example, a tenant could be moved into an apartment by an aunt who, on paper, owns the room, but does not actually live in it.

There are two ways:

  1. Ask the neighbors if they are the owners of the rooms.
  2. Check the owners of the rooms according to the extract from the USRN.

Not all tenants understand the difference between a tenant and an owner, or may simply refuse to provide ownership information. Therefore , it is better to double-check the owners according to the extract from the USRN.

If you are the owner of a share, then all right holders will be indicated in your extract from the USRN.

With apartments that were privatized by rooms, it is more difficult. According to them, Rosreestr issues USRN statements for each room, as well as a general statement for the apartment itself. The right holders will be indicated only in the statement for a specific room.

If there are 3-4 rooms in an apartment, then it will not be difficult to get extracts and check the owners. But if there are several dozen rooms in an apartment, then you can easily get lost. In this case, it is better to entrust the notification of neighbors to a notary.

Each notification through a notary will cost approximately 1100 R. The notary fee established by the state is 100 R, but postage and technical work of the notary will have to be paid on top. The exact prices can be found on the website of the notary chamber of the region.

Art. 86 and paragraph 13, part 1, art. 22.1 Fundamentals of legislation on notaries

When the notary sends notices, he will issue a certificate of sending documents. And after it receives confirmation that the neighbors received them, a certificate of transfer of documents.

Alternative option

Get refusal from neighbors

In order not to wait for the expiration of a month for a response from neighbors, you can get a refusal from them to buy a room in a communal apartment.

Such refusal must be certified by a notary. The certificate will cost about 1500 R. The notary fee is 500 R, but the technical work of the notary is paid on top.

clause 4.2, clause 4.4 of the letter of the Federal Tax Service No. 1033/03-16-3 dated March 31, 2016

If one of the owners of the rooms is a minor, then it is also necessary to obtain permission to waive the pre-emptive right in the guardianship and guardianship authority. This is a formality that will have to be observed in order for the notary to certify the refusal.

paragraph 5, part 1, art. 22.1 Fundamentals of legislation on notaries

When buying a room on a mortgage, banks most often ask the neighbors to refuse to buy it, or that a notary send a notice. Therefore, let the buyer check with his bank in advance what his requirements are.

Step 5

Collect documents

The list of documents required for the sale and purchase transaction and registration of the transfer of ownership of the room may vary. The exact list depends on who owns the room and how the buyer purchases it.

There are documents that Rosreestr will request in any case - without them, the agency will not register the transfer of rights to the new owner. These are:

  1. The text of the notice of the sale of the room, as well as evidence of its sending to neighbors. Or the refusal of the other owners in the apartment to buy a room.
  2. Sale and purchase agreement in three copies - one for each of the parties to the transaction and one for Rosreestr.
  3. Buyer's and seller's passports.
  4. Power of attorney, if a representative acts on your behalf.

Part 2 14 FZ "On state registration of real estate"

Also, some registrars require the presentation of an act of acceptance and transfer of the room. But they have the right to do so only if, under the contract, the room is transferred at the time of its signing.

Here are some other documents you may need depending on the situation.

If the room is in common ownership. By law, common property may be joint or shared. In common shared ownership, the shares of each participant are specifically defined, for example, ½, ¼. Shares in common joint ownership are not defined and are recognized as equal. For example, when a room was privatized for all family members without determining shares.

Art. 244 of the Civil Code of the Russian Federation

If the room is in common ownership, the consent to the transaction from the other owner will still have to be attached to the contract of sale. In the case of shared ownership, all sellers-shareholders or their representatives by proxy must be present at the transaction.

Art. 246 of the Civil Code of the Russian Federation

If the room was purchased in marriage. Property jointly acquired in marriage is the common joint property of the spouses, regardless of who bought it and in whose name it is registered.

Art. 256 of the Civil Code of the Russian Federation

If you bought a room in a communal apartment in marriage and you do not have a marriage contract, the buyer will most likely ask for a notarized consent of the spouse to sell the room. This is an optional document for Rosreestr, but consent is a buyer's guarantee in case of possible disputes in the future.

Art. 42 SK RF

If you have a marriage contract and it establishes a separate ownership regime for a room, you do not need to obtain consent.

/truelove/

Marriage contract

If the room or share in the property of a minor is , you must obtain the consent of the guardianship and guardianship authorities for the sale.

If the minor is under 14 years old, in addition to the basic list of documents for Rosreestr, you must attach:

  1. Birth certificate of the minor owner.
  2. Passport of the legal representative and a document confirming his authority, such as a birth certificate of a child, a certificate of a guardian or a certificate of adoption of a child.
  3. Permission from the guardianship and trusteeship authority to dispose of the property of children under 14 years of age.

st. 28 of the Civil Code of the Russian Federation

If the minor owner is between 14 and 18 years old, he independently participates in the transaction. In this case, the written consent of the legal representatives to the transaction for the sale of the room and the permission of the guardianship authority for such consent are additionally required.

Documents for the buyer's bank. If the buyer has a mortgage, no additional documents need to be submitted to Rosreestr. But the buyer's bank will need them to approve a mortgage loan.

/guide/rebenok-sobstvennik/

How to sell an apartment owned by a minor

Each bank has its own requirements, so the buyer will give you the exact list of documents. Here is a sample list:

  1. Preliminary contract for the sale of a room. The bank needs it as a guarantee of the deal.
  2. Receipt for advance payment or deposit.
  3. Certificate of absence of debt for utilities.
  4. Extract from the house book stating that there are no registered tenants left in the residential premises. You can get it at the MFC.

According to the law, no other documents are required to sell a room in a communal flat. But in practice, buyers often ask to see:

  • the previous contract for the sale of the room or other documents of title, such as donation contracts, certificate of inheritance, certificate of privatization of the room;
  • certificates from psycho-neurological and narcological dispensaries;
  • a copy of the financial and personal account, etc.

/real-estate/

What documents to check before buying an apartment

Step 6

Prepare for the conclusion of an agreement -sales.

Pay utility bills. Utility debts are not transferred to the new owner. However, the buyer will probably ask you to confirm the absence of debts, so as not to explain to the public utilities that he is the new owner and does not owe anything to anyone.

Art. 153 ZhK RF

A certificate of no debt can be obtained from the management company, HOA, housing cooperative or other organization that services your home. In Moscow, the absence of debt for utilities is confirmed by the Unified Housing Document - EZhD. It can be obtained through the MFC.

Unlike public services, overhaul debts are transferred to a new owner. A certificate of absence of overhaul debt is issued by the regional capital overhaul fund.

Art. 158 ZhK RF

Check out of the room. Most likely, the buyer will want to make sure that no one is registered in the room. To dispel concerns, it is necessary to provide the buyer with an extract from the house book or EZhD. These documents can be obtained through the MFC.

You can apply for deregistration to the department of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. You can also do this through the website of public services or the MFC.

Conclude a preliminary contract for the sale of a room. This document insures both the seller and the buyer.

The preliminary agreement obliges the parties to conclude the main agreement in the future. If for some reason one of the parties evades the conclusion of the main contract of sale, the other party may, through the court, oblige to conclude it on the terms of the preliminary contract.

Art. 429 of the Civil Code of the Russian Federation

If the buyer purchases a room on a mortgage, the bank will most likely require a preliminary agreement in order to start processing the loan.

The preliminary contract is concluded in the form established for the main contract. For example, if you are selling a share in a communal apartment, then the main contract of sale will need to be certified by a notary, and therefore the preliminary contract too. At the same time, the preliminary contract can be certified by one notary, and the main one by another.

/guide/pre-sale/

Why do you need a preliminary contract for the sale of real estate

Take a deposit or advance. To confirm your intention to buy a room and as a guarantee that you will not sell it to another person, the buyer usually pays a deposit or advance in advance.

Art. 380 of the Civil Code of the Russian Federation

If the transaction goes according to plan, the buyer simply pays the rest of the amount for the room after it has been transferred. If the transaction failed due to the fault of the buyer, the deposit remains with the seller, if vice versa, the deposit will have to be returned to the buyer in double size. The advance payment is returned to the buyer in any case in the original amount.

Art. 381 of the Civil Code of the Russian Federation

A condition on a deposit or advance payment is included in a preliminary contract of sale. Receipt of money must be confirmed by a receipt.

Step 7

Sign a sale and purchase agreement

After the neighbors in the communal apartment have refused to buy a room, or a month has passed since they were notified, you can conclude a sale and purchase agreement. The contract must contain at least two essential conditions: the subject and the price.

Template of a contract for the sale of a room in a communal apartment

The subject of the contract is what exactly you are selling. If you own the room itself, you must indicate its area, cadastral number and address. If a share, indicate its size, as well as the area, cadastral number and address of the communal apartment. All these data are in the extract from the USRN.

Price of the contract - the cost of the room. It cannot be lower than the one you indicated in the notices to your neighbors.

If you are selling a share, then the contract must contain a list of other owners and their shares.

p. 1 art. 558 of the Civil Code of the Russian Federation

If you have the right to own a share in a communal apartment, the contract of sale must be certified by a notary. But with the contract for the sale of a room, everything is not so clear. Legislation requires notarization of the contract precisely when selling a share in real estate. The room, on the other hand, is an independent piece of real estate, and not a share in it.

Part 1 42 FZ "On registration of real estate"

But when a room is sold to the buyer, a share is always transferred to the common property of the apartment: a toilet, a kitchen, a corridor and other rooms that the tenants use together. You cannot sell a room without selling a share in the right to a shared kitchen.

part 3 and 4 art. 42 ZhK RF

Explanations on the sale of the room:
of the Cadastral Chamber of the Chelyabinsk Region
Rosreestr

The Cadastral Chamber of the Chelyabinsk Region explained that if a share in the right to common property is transferred under an agreement, then such an agreement must also be notarized. But Rosreestr writes that such an agreement can be concluded simply in writing, without notarization. Lawyers are still arguing on this issue, and the Supreme Court has not given its clarification. Therefore try to consult at the local MFC - what are the requirements for notarization of the contract for the sale of a room in a communal apartment in your region.

For the fact that the notary certifies the contract, you will have to pay a state fee. The amount is 0.5% of the contract amount, but not less than 300 R and not more than 20,000 R. The fee must be paid once, regardless of the number of participants in the transaction - the amount is divided between them in equal shares. It is also likely that the notary will require payment for his work on drafting the contract.

sub. 5 p. 1 art. 333.24 NK RF

Step 8

Submit documents to Rosreestr

If you have certified the contract with a notary, he himself must send all certified documents to Rosreestr along with an application for state registration of the transfer of ownership. You won’t have to pay extra money for this, and once again go to Rosreestr too.

Art. 18 FZ "On state registration of real estate"

If there was no notarization, the application can be submitted as follows:

  1. Through Rosreestr branch.
  2. Through the MFC - you can take the application to any center, regardless of where the communal apartment is located.
  3. Through the website of public services or on the official website of Rosreestr.

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Rosreestr will not consider the application until you pay the state fee - 2000 R. If you submit documents electronically, the fee is 30% less - 1400 R.

sub. 22 p. 1 art. 333.33 Tax Code of the Russian Federation

Payment of state duties with a 30% discount

Rosreestr will register the transfer of ownership within 3 business days if the application is submitted through a notary, and within 9 business days if through the MFC.

Art. 16 FZ "On state registration of real estate"

When Rosreestr registers the transfer of rights, it will issue an extract from the USRN and put a special registration inscription on the contract. From now on, the buyer will be the owner of the room.

If the buyer pays for the room with a mortgage loan, it will be pledged to the bank until the buyer repays the loan. But this should not worry you anymore: the deposit will arise after the buyer acquires ownership of the room.

Step 9

Settlements

There are several options for settlements with the buyer:

  1. in cash;
  2. through a safe deposit box;
  3. through letter of credit or escrow agreement;
  4. through the notary's deposit.

You can choose any convenient way.

Hand-to-hand cash is the cheapest and most insecure way. You may expect unpleasant surprises in the form of counterfeit money or an insufficient amount of it. Therefore, it is necessary to count the money and check it for authenticity.

Notary deposit. If you draw up a transaction by a notary, it is convenient to carry out calculations through a notary. The buyer can deposit money into a special bank account - a notary's deposit. The notary will transfer the money to you when Rosreestr registers the transfer of ownership of the room.

The cost of the service is 1500 R. But you also need to take into account the cost of the technical work of a notary and bank fees for transferring money between accounts - their amount depends on the bank.

Lease of a depository bank cell. The buyer can place money in a safe deposit box in the presence of the seller and a bank employee. You can rent such a cell for a period of one day, the rental price is from 75 R to 200 R per day, depending on the volume of the cell and bank rates.

What to do? 06/27/18

I want to rent a safe deposit box, but I'm not sure about the reliability

The parties sign an agreement that specifies the procedure and conditions for issuing money. For example, you will be allowed to the safe only after presenting the original contract for the sale of the room and an extract from the USRN. If the transaction does not take place, the buyer will be able to collect his money.

Letter of credit. The buyer opens a bank account in his name and deposits money for the room into it. After registering the transaction, the bank checks the documents and transfers the money to the seller's account. If registration fails, the money is returned to the buyer. The letter of credit costs about 2000 R.

Art. 867 Civil Code of the Russian Federation

Step 10

Transfer the room according to the act of acceptance and transfer

Ownership passes to the buyer after signing the contract of sale and its state registration. But besides this, the seller must actually transfer the room to the new owner. The room can be transferred both before and after registration of the transfer of rights.

The transfer of the room is fixed by the acceptance certificate. After signing the act, it is considered that the seller has actually transferred the room to the buyer.

cl. 1 art. 556 of the Civil Code of the Russian Federation

In the act, the parties state that the room has been transferred to the new owner. They also often reflect the condition of the room and the absence of claims from the buyer. Sometimes the parties indicate in the act that they have completed all the calculations, and the room is transferred without debts for utility bills.

Template of the certificate of acceptance and transfer of a room in a communal apartment

Sample certificate of acceptance and transfer of a room in a communal apartment. After signing the act, it is considered that the seller actually transferred the room to the buyer

If the contract states that the room is transferred under the acceptance certificate at the time of signing the contract, then Rosreestr may refuse to register the transfer of rights without an act.

Is the act of acceptance and transfer mandatory - Rosreestr

If the contract says that the room is transferred according to the act of acceptance and transfer after registration of the transfer of rights, then the act is not needed for Rosreestr.

Is it necessary to submit a deed of transfer:
clarifications from the administration of the Menshchikovsky village council of the Ketovsky district of the Kurgan region,
explanations of the government of the Kaliningrad region

Moreover, if the act is signed before the registration of the transfer of ownership, then it must be stated that the buyer assumes the risk of accidental death and damage to the room.

Remember

  1. To sell a room in a communal apartment, first make sure it is privatized. To do this, find the documents for the room or order an extract from the USRN.
  2. If the room is owned by the municipality, privatize it.
  3. Please note what you own. In some regions, after privatization, a room is transferred to the property, and in others - a share in the right to the entire communal apartment.
  4. Notify your neighbors in writing about your intention to sell the room to an outsider one month before the sale. Be sure to indicate the cost of the room in the notice.
  5. There is an option when you can not wait for the expiration of a month for a response from your neighbors - get them to refuse to buy a room in a communal apartment.
  6. After the neighbors have refused to buy or a month has passed since they were notified, you can conclude a contract for the sale of a room in a communal apartment. The contract must contain at least two essential conditions: the subject and the price.
  7. There are several options for mutual settlements: cash, safe deposit box, letter of credit, escrow agreement or notary's deposit.
  8. After submitting an application for state registration of the transfer of ownership with a package of documents and payment of the fee, Rosreestr will register the transfer of rights, issue an extract from the USRN and put a special registration inscription on the contract.

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