In today's realities, it is not uncommon to find situations when you need to sell an apartment, but there is no possibility to discharge all the registered persons from it. Many families are abroad and not everyone can come to Ukraine. In such a situation, the owner or a person who acts under a power of attorney will have to sell real estate with registered people. We tell you whether it is possible to conduct such a sale transaction, whether it is worth buying housing with a registered stranger, and also consider other important nuances.
Is it possible to sell an apartment with a registered person
It is possible to sell residential real estate with a registered adult person without any restrictions. The main thing is for the buyer to agree to this, as some still require first to discharge everyone, and only then to conclude a contract of sale.
Why some buyers refuse to buy housing with a registered person:
- many people still believe that propiska has a significant impact on something (earlier propiska could indeed be the basis for privatization of living space);
- there are also those who think that a person has the right to live in an apartment if he/she is registered in it, but is not the owner;
- if a pensioner buys an apartment, the people registered in the apartment may become an obstacle to the subsidy;
- the psychological aspect of having a stranger registered in one's apartment also plays a role.
If you have to sell an apartment with a registered person who is not a co-owner of the property, it is important to explain to the hesitant buyer that the right of ownership and the right of residence are different things. A propiska, i.e. registration, gives the right of residence, but it does not give the right of ownership. A person registered in an apartment has no rights to it: he or she cannot discharge or register other people in it, change or sell it, or carry out any other operations with it.
If the registered person is not the owner or co-owner of the property, the owner does not need to obtain his consent to sell the apartment. Consent is required only from those who are co-owners.
How to write a person out of an apartment when selling it
When selling an apartment, the owner of housing has the right to write out of it a relative, a former husband (wife), the former owner of the living space and his family members, strangers who have nothing to do with the property.
The easiest way to discharge a person is to ask him to go to the CPAP and write an application for deregistration. Together with the application, he or she must provide a passport and a military ticket or enrollment card. But this option is possible only if the landlord can contact the registered person. If there is no such possibility or the registered person voluntarily does not want to be discharged, there are other ways to deregister him/her.
If the apartment was sold with a registered person, the new owner independently applies to the CPAM, writes an application for discharge and provides a copy of the housing sale and purchase agreement. The CPAU makes a decision within 10 days. Most often the result of consideration of such applications is positive.
If the CPAU for any reason refuses to discharge a person, the property owner has the right to appeal to the court, and the defendant will be the registered person, who must be deregistered. The court will have to provide evidence that the person has not lived in the apartment for the last year or longer (for relatives) or for 6 months (for non-relatives). The proof can be an act of the service company (OSBB, Housing and Utilities Department) about the absence of the registered person. The fact of long-term non-residence can also be confirmed by several neighbors-witnesses.
When you receive a court decision that has come into force, you will need to go back to the CPAU, write an application for discharge and attach a copy of the court decision to it.
Is it possible to sell an apartment in which a child is registered?
It is possible to sell an apartment in which a child is registered, but in this situation there are nuances. If you need to sell the property with registered minor children (up to 14 years old), you need to do the following:
- Apply to the guardianship and custody authority, specify in the application what property will be provided in exchange for the child or children to live in, and obtain permission to sell the object.
- Apply with the buyer to a notary and conclude a contract of sale of the apartment.
The new owner should have no problems in deregistering the children of the previous owner. According to the CMU Resolution No. 265 of February 7, 2022, an application and a document that confirms the right of ownership are sufficient for this purpose. Still, it is better to resolve the issue with the discharge of minors or young children before the sale of real estate.
Is it worth buying an apartment with people registered in it?
If there is a favorable option for purchase, but there are people registered in the apartment, many buyers will refuse such a deal. But do not miss out on a good real estate object, as the issue with the registered persons can be solved quite simply and additionally protect yourself. In addition, it is a good reason to bargain with the seller and try to reduce the price of housing a little more.
In order to protect yourself when buying an apartment with a registered person, it is worth notarized and registered sale and purchase agreement to prescribe the seller's obligation to ensure the discharge. If the obligation will not be fulfilled, the new owner has the right on the basis of Art. 391 of the Civil Code of Ukraine to appeal to the court to remove obstacles to the use of living space. It is also possible not to pay the full price until the fulfillment of this obligation, while the buyer acquires the right of ownership at the time of proper conclusion of the contract. This contributes to the fact that the seller in the shortest possible time to solve the issue with the discharge of people.
If you need to sell an apartment with a registered person in Kyiv, with this question you can turn to the real estate agency "Mayak". In our agency work not only realtors, but also lawyers and a notary. A team of professionals will help you quickly find a buyer and sell your home, even if it is not possible to write people out now.
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