In life, situations often arise when it is necessary to resolve the issue of dividing real estate, combining real estate objects, or allocating a share of real estate. During their resolution, simple questions arise regarding who can act as the initiator of such a division (unification) or allocation, which objects of real estate can be divided, combined, or a share can be allocated from them, as well as what features (conditions) division (unification).
Thus, the initiator of division, unification of real estate objects or allocation of a share from real estate can be the owner of such real estate or co-owners.
Real estate objects that can be divided (united) or allocated a share of real estate include:
- apartments in apartment buildings;
- manor-type residential buildings;
- garden, country houses;
- buildings, structures, non-residential premises, groups of non-residential premises;
- public or industrial buildings.
The main features of the division (combination) of some objects:
Apartments in apartment-type residential buildings can be divided, provided that their separate parts, formed as a result of the division, will consist of an isolated set of entire residential and auxiliary (kitchen, bathroom, etc.) premises, which will have a separate exit to the stairwell, corridor or street and will not have a connection with the rest of the apartment.
Residential houses of manor type, garden houses, country houses can be divided if they consist of two or more separate houses, which will have a separate exit to the street. At the same time, independent objects of immovable property should be formed, which include complete houses with auxiliary farm buildings.
Buildings, structures, non-residential premises, groups of non-residential premises may be divided if their individual parts formed as a result of the division will consist of an isolated set of non-residential premises, which will have a separate exit to a stairwell, corridor or street.
Public or industrial buildings can be divided if, as a result of the division, independent non-residential premises or groups of non-residential premises are formed, which will have a separate exit to a stairwell, corridor or street.
A group of non-residential premises in a building of public or industrial purpose, which will be formed as a result of division (unification), must be interconnected.
A group of non-residential premises may be divided if their individual parts formed as a result of division will consist of an isolated collection of whole non-residential premises and have a separate exit to a stairwell, corridor or street.
The division of the object (objects) of real estate, in which the ownership of land plots is registered (in the case of joint ownership of the land plot), is considered only after determining the possibility of dividing such a land plot in accordance with the legislation. The plot of land, which will be assigned to each newly created independent object, must have an independent exit to the street (alley, square, etc.) with a width of at least 3.5 meters or the possibility of organizing a joint drive-in. To maintain buildings and carry out their current repairs, the distance to the border of the adjacent plot from the most prominent wall structure should be taken at least 1 meter. It is not allowed that the land plot or its parts belong simultaneously to two (or more) newly formed independent objects.
It is not allowed during the division, unification or allocation of one or more co-owners of only auxiliary premises of a residential building or household (homestead) buildings and structures and their parts.
The allocation of a share from an object of immovable property is carried out in relation to an object of immovable property that is in joint partial ownership, provided that it is possible to divide the object of immovable property into two or more independent objects of immovable property that are separate and have a separate exit to the stairwell, corridor or street.
It should be remembered that real estate objects that cannot be divided, combined or not subject to allocation include:
- objects of immovable property that are indivisible;
- objects that were built without complying with the requirements of legislation in the field of construction (these are, as a rule, self-constructed objects. Thus, a residential building, building, structure, other immovable property are considered self-constructed if they are built or are being built on a plot of land that was not set aside for this purpose, or without an appropriate document that gives the right to perform construction work or a properly approved project, or with significant violations of construction rules and regulations);
- if the composition of the objects includes the object built without compliance with the requirements of the legislation in the field of construction.