Very often there are such situations when, due to circumstances, it is necessary to divide the apartment into two separate ones. This is quite a difficult process. In most cases, we are talking about the division of inheritance between spouses after a divorce or between 2-3 relatives who received real estate as an inheritance. As a result, co-owners are obliged to coordinate their actions with each other: sale of an apartment, rent, registration, etc. If you need to divide the apartment into two separate ones, the specialists of our law firm Prykhodko and Partners will help you with this.
Conditions under which an apartment can be divided into two separate apartments
Before partitioning an apartment located in an apartment building, the following conditions must be observed:
- Obtaining consent from each of the apartment owners.
If an agreement cannot be reached, disputes can be resolved in court.
- Availability of a technical possibility for the division of an apartment in a residential building.
In addition to the lack of technical possibility, the division of property is not carried out in cases where the apartment is under judicial arrest or is in a mortgage. The division of the real estate object is impossible when carrying out arbitrary redevelopment of the apartment.
- The division of the apartment is carried out after the right of ownership in kind is recognized.
It is necessary to confirm ownership of each of the new real estate objects. The owners must sign the relevant contract or comply with the relevant court decision.
Thus, one of the options can be used to divide the apartment into two separate ones:
- Obtaining a conclusion is confirmation of the technical feasibility of separation.
A mandatory condition is the absence of interference with supporting structures.
- Issuance of a permit for the reconstruction of the real estate object with its subsequent division into 2 parts.
This option can be used in cases where direct intervention in the load-bearing structures of the apartment is foreseen.
The stages of dividing the apartment into two separate ones
Among the main stages of dividing an apartment into two separate ones:
Stage №1. Appeal to representatives of BTI for the implementation of the technical section of the apartment.
A specialist assesses the possibility of dividing the apartment. In the end, the new owners receive their technical passport for each of the new apartments.
Stage №2. Preparation and submission of the apartment owner’s application for assigning a new address to each of the apartments.
Stage №3. Application to representatives of the notary office for state registration of a new apartment after its division.
Thus, the owner receives two apartments with the entire package of necessary documents.
Another issue is the division of the apartment based on the square footage. In this matter, highly specialized specialists cannot be dispensed with. They will do everything in the best way. In this version of division, each of the new apartments will have such important separate components as a bathroom, kitchen, corridor, bathroom. Important: the building itself should not be damaged in the course of redevelopment and repair actions. Everything must be done as carefully as possible, without touching the load-bearing walls.
Assistance of lawyers in dividing the apartment into two separate apartments
The issue of real estate, in particular, the division of an apartment into two separate ones, is very complicated.
That is why it is best to use the help of professional lawyers. The staff of our law firm Prykhodko and Partners includes professionals with appropriate qualifications and extensive work experience. When contacting us, a cooperation agreement is drawn up. This contract specifies all issues related to the terms of service provision and their cost.
Our specialists individually approach issues related to the division of an apartment into two separate ones. We draw up all documents exclusively in the legislative field. Thus, our clients are protected from trouble from representatives of regulatory bodies. With us you will save precious time and nerves.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for dividing an apartment into two separate ones, fill out the form below.