How to divide non-residential premises

Under article 1 of Federal law No. 122-F3 is considered non-residential premisesnot intended for habitation. If the property is in shared ownership (article No. 244 of the civil code), then each owner has the right to allocate its share in voluntary or involuntary, and dispose of it at own discretion.

How to divide non-residential premises
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You will need

- the statement in the BTI;
- an application to the court;
- cadastral extract;
- title documents;
- the statement in FPRZ;
- receipt of payment for registration.

Instruction

To share non-residential space in a share you can also the division of property between spouses, if the premises belong on the property rights of one of the spouses, but acquired during the marriage registered (article No. 34 of the RF, article 256 of the civil code).

Voluntary division of residential premises is possible by sale and division of the funds or method of registration of individual ownership rights to share rooms. For the voluntary partition of the share in kind, all property owners are required to contact the BTI, call a technique to design a separate technical certificate for the shares. On the basis of the inspection, taking into account your wishes, you will be two or more technical plans and prepare technical and cadastral passport, after which you will be able to separate the extract from the cadastral records and apply to PPRC for registration of individual property rights.

If voluntary division of non-residential premises between the owners is impossible due to the fact that a joint agreement cannot be reached, refer the application to the court for the implementation of the enforcement section.

Present documents of title to the premises, a copy of the cadastral plan. Having reviewed your papers, the court will issue a decree determining the share of each owner according to the certificate of ownership. On the basis of a court order you can go to the BTI and to force the division of property in a specified way.

The extract from the cadastral passport, copy of cadastral plan, a statement, a receipt for the check present in, FUHRT. After 30 days, each owner will receive a separate certificate and will be able to dispose of their shares of the premises at their own discretion.

Split non-residential premises shall have the rights of equity ownership (article No. 250 of the civil code). So if you are planning to sell its share, it shall notify in writing all owners of all conditions. Each co-owner has a preferential right of purchase, which he can use within 30 days of receipt of the notarial notification.

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