Lawyer practicing real estate, construction and land law.
Apartment division in kind
The division of an apartment in kind is the process of dividing a common object between its co-owners. As a result, each co-owner is allocated a separate share. The key principle of dividing an apartment is to take into account the legitimate interests of all co-owners, ensure the possibility of independent use of each share, and compensate in case of inequality of shares (by agreement or court decision). After the procedure is completed, the newly created real estate objects are registered for each of the owners in the relevant Register. The article is intended to outline the main features of this procedure.
Which apartment can (not) be divided in kind between the owners?
Current legislation establishes that an apartment can be divided between co-owners if there are no illegally built or reconstructed objects in its composition. The division of such real estate is possible only after the recognition of the right of ownership of the illegal construction. In addition to apartments in multi-storey residential buildings, rooms and blocks in dormitories can also be divided in kind.
Basic rules for dividing an apartment in kind that is in joint partial/joint ownership
Firstly, the right of joint partial or joint joint ownership of the object after the division is terminated, instead, the right of private ownership arises for each of the subjects for a separate share. The co-owners can independently settle the issue by concluding an appropriate agreement, or take this issue to court.
Secondly, the division is carried out in accordance with the law, and therefore must include conducting a technical inventory, developing documentation for newly created real estate objects and registering the property accordingly. An important condition is also the assignment of a separate postal address to each object.
Thirdly, the division must comply with current building codes, which provides for compliance with the requirements for ensuring engineering communications in real estate objects (separate functional exits, water supply, electricity supply, etc.). Often, after initiating such a procedure, there is a need to arrange separate bathrooms and kitchens in each allocated part.
Thus, the division of an apartment in kind is possible for most residential real estate objects in the absence of arbitrarily reconstructed or constructed objects, the presence of a technical possibility of division and confirmation of the right of joint partial or joint ownership of co-owners to a specific apartment.
What documents are needed to divide an apartment in kind?
Owners must prepare the following package of documents:
- technical passport for the apartment (contains detailed information about the layout, area, engineering communications in the apartment), BTI certificates;
- passports and identification codes of all owners;
- a document confirming the rights to the apartment (original, notarized copy of an extract from the Property Register, purchase and sale agreement, donation, etc.);
- consent of the owners to the division in any form or an appropriate agreement;
- project documentation for the division (in the case of redevelopment);
- conclusion of a construction and technical expert;
- court decision (if the co-owners have applied to it to resolve the issue).
The procedure for dividing an apartment in kind by court decision
In the absence of agreement between the co-owners, the division is carried out in court. When considering the case, the size of the shares, the technical possibility of division (for this, a judicial construction and technical examination is appointed), other important circumstances are taken into account, including the need for compensation for uneven shares. The whole procedure is as follows:
- the interested co-owner files a claim for the division of the real estate object. It is necessary to attach evidence to it (you can read the list of documents above);
- during the consideration of the case, the submitted evidence is examined, the explanations of the parties are heard;
- based on the results of the consideration of the case, the court adopts a decision on the division (the specific parts that pass into the ownership of each co-owner are determined);
- a court decision that has entered into legal force is the basis for registering ownership of the allocated parts through the state registrar (notary, ASNAP). The logical conclusion of the procedure will be the entry of information into the DRRP and the consolidation of the right for each of the co-owners.
To summarize, the procedure for dividing an apartment in kind can be voluntary based on an agreement between the co-owners or forced by a court decision. Usually, after dividing an apartment in kind, a number of additional issues arise, such as the reconstruction of the newly created real estate, obtaining a BTI certificate, etc. It is recommended to seek professional help from real estate lawyers “Prikhodko and Partners” for quality advice, preparation of documents and prompt resolution of your issues.
Prikhodko and Partners Law Firm is your guarantee of success when dividing an apartment in kind. We provide various legal services, starting with a consultation and ending with representation in court. To find out the cost of legal support, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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Apartment rental agreement between individuals
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Read moreA claim for recognition of ownership of a house/apartment/real estate
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Read moreCommissioning of an apartment building
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