Is it necessary to privatize a cooperative apartment: what are the nuances and how to register it correctly?

According to the law, in particular the law on cooperation, housing cooperatives are an association of persons whose activity is to build a house. Each person who is a shareholder receives living space in the form of an apartment. Cooperative housing becomes property only if all requirements are met, including full deposit of share funds. Registration of ownership rights is necessary for independent disposal of your property.

The process has several nuances that distinguish it from similar procedures with other real estate properties.

What is a cooperative apartment

For any actions with property, state registration is required. An example would be the sale of real estate in a housing cooperative. A cooperative apartment is considered to be a piece of real estate that is located in a house built through the association of a number of persons with the allocation of living space. If all obligations and conditions are fulfilled, the person is considered the owner. The necessary conditions:

membership in a cooperative;
housing use;
full payment of shares;
absence of violations that led to exclusion from the cooperative.

Important! A person has rights to real estate even without state registration, for example, if the cooperation has existed since the times of the USSR. But under the law, carrying out various transactions with housing requires the availability of certain documents, including registration of property. This is due to the fact that in order to carry out certain procedures, in particular division or sale, it will be necessary to withdraw it from the cooperative for your personal use.

Basis of ownership is based on membership in a housing cooperative. A person receives the right in full only after paying the share contribution in full, that is, state registration is necessary for actual confirmation of title, which will be required in various processes related to housing.

It turns out that corporate housing is considered an object that is built jointly with the invested funds of shareholders who are members of the cooperation.

Grounds for termination of membership in the LCD

The Housing Code provides for situations when membership in a housing cooperative is terminated. First of all, the joint activities of members of a cooperative can be disrupted by the liquidation of the housing cooperative itself or its legal entity. Each owner of a cooperative housing stock has the right to voluntarily - on the basis of an application - withdraw from the housing complex. The application is considered at a general meeting in order to determine the future fate of cooperative housing. After the death of the owner of the apartment, who is a member of the housing complex, the rights to inherit the housing stock are transferred to the heirs according to the order of inheritance. Even an heir who lived separately from the testator can receive an inheritance share if the other owners of the apartment agree. The charter provides for the entry of heirs into members of the housing cooperative on the basis of a decision adopted by the general meeting of members of the housing cooperative.

Procedure for eviction from cooperative houses

The general meeting has the authority to remove from the cooperative an owner who grossly violates his duties and the rules of cohabitation provided for by the charter of the residential complex. From the moment the general meeting makes a decision on eviction, the right to use the apartment by those excluded from the cooperative is terminated. He and his family members are obliged, according to a legal obligation, to leave their previously owned housing in the next two months, of which he is given a corresponding notice. The shareholder must be paid the full amount of his contribution for the apartment. The general meeting of shareholders may, by its decision, reserve the right to use the vacated apartment to the relatives of the excluded shareholder.

If the expelled shareholder disagrees with the decision of the meeting, or if he refuses verbally or in writing, the cooperative has the right to file a lawsuit to evict this person and his family members. After satisfaction of the claim and eviction, other residential premises are not provided to violators of the law.

Features of buying and selling a cooperative apartment

Cooperative housing has a number of features that appear when buying or selling. Nuances:

The main act of title is a special certificate, which records the full payment of the share. This paper is obtained from the chairman or accountant of the cooperation. The certificate indicates that the person has the right of ownership;
You will need a certificate of ownership and an extract from the Unified State Register;
the extract is issued after a written application to Rosreestr, and certificates are no longer issued, but those issued have full legal force;
the contract must be drawn up correctly and not have unacceptable terms;
absence of housing and communal services debts, including to the housing cooperative itself. This can be confirmed by a certificate from an accountant.

Before the sale, the seller must not only draw up all the acts, but also write out the persons who are registered in this living space.

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Expenses, taxes

The first payment that will need to be made at the registration stage is payment of the state duty. As of 2021 (based on paragraph 2, paragraph 1, Article 333.33 of the Tax Code of the Russian Federation), the amount is 2,000 rubles for each owner. This money only needs to be deposited once.

Example : If there is only 1 family member in the cooperative, then he needs to pay exactly 2000 rubles. And if there are several participants living in the same room, for example 3, then the total payment amount increases to 2000 * 3 = 6000 rubles.

Next, if for some reason the registration certificate has not yet been issued, you will need to do so. This procedure is also paid. Price: from 1000 rubles and above, but rarely more than 3000 rubles. And after registration of ownership, you will need to pay property taxes annually. Specific numbers depend on the region of residence. Usually this is something around 2% of the inventory value of the property (it is often several times less than the market value).

Example : Let's assume that the inventory value of an apartment is 1 million rubles. Thus, 2% of the amount is 20 thousand rubles. This is how much you will have to pay annually.

Rights of the owner of a cooperative apartment

After paying the due funds and receiving the property, the person receives a number of rights. Among them:

the ability to use the premises and its purpose according to your wishes;
transfer of an object for use to another person on the basis of free use, rental agreement or lease;
the right to exchange housing with another member of the cooperative, if both agree.

It is worth considering that the rights of the owner are limited by the charter of the cooperative, as well as its regulations.

When registering your legal rights and receiving legal documents, it is possible to carry out various operations related to the donation, sale or division of housing. But such procedures are specific, and therefore require extracts from Rosreestr.

Any issues that cannot be resolved within the settlement agreement can be litigated through the court system. Such cases are especially common during inheritance or divorce. For the latter option, it is necessary that the housing was purchased during the marriage.

Is it possible to privatize a cooperative apartment?

Privatization refers to the public housing stock, which is used by citizens on the basis of rent, including social rent.
The cooperative object is initially the property of the residential complex, which does not allow privatization. Another difference is that the state fund allows all residents to register and share shares, while a cooperative-type apartment is the property of the shareholder after all funds have been deposited.

The object will be considered legal property only at the construction stage. At the same time, all economic and residential facilities, as well as the territory, will be the common property of all shareholders represented by a cooperative of citizens or legal entities.

It turns out that privatization is not necessary, since ownership is obtained through other processes.

Privatization - definition

You can find a clear concept in Law No. 1541-1 on the procedure, in force since July 4, 1991. An apartment can be privatized or transferred into ownership by a tenant living in the apartment with the permission of the current owner. The latter is usually a municipality or state.

The difference between privatization and the acquisition of a cooperative apartment

The concept in question is not entirely applicable to cooperative apartments. The following regulations will help you figure out how to transfer ownership of a cooperative apartment and whether privatization is necessary:

Law No. 1541-1;
Housing Code of the Russian Federation;
Federal Law No. 215-FZ;
Law No. 3085-1, dated June 19, 1992.

According to Article 1 of Law No. 1541-1, the definition conceals the transfer of housing from the property of the state or municipality to the private ownership of a citizen. But the cooperative apartment initially belongs to the created housing association. This means that its transfer into the private property of a citizen is carried out according to different rules.

To obtain possession of the designated housing, you must be guided by the provisions of Article 129 of the Housing Code of the Russian Federation. Point 1 directly states that you can become a full owner only if you pay the share contribution in full. And then register as the owner, going through a special procedure.

Registration of ownership

Registration is carried out after the house is put into operation and all necessary funds have been paid. It is necessary to draw up papers for property through registration in the Unified State Register of Real Estate. Standard order:

collection of documentation and payment of receipts with state duty;
transfer of the application package;
After completion of the procedure, the received documents are taken away.

Each stage has its own characteristics.

List of documents

For the registration procedure, you need to collect a full package of papers. It will include:

applicant's passport. If the procedure is carried out by a proxy, then it is necessary to provide two passports and a power of attorney, which will spell out all the powers of the legal representative;
certificate indicating full payment of the share. It must have the signatures of the chairman and accountant;
USRN extract;
a copy of the order for living space, which is signed by the chairman;
a copy of the protocol according to which the person became a member of the association;
state duty receipt.

The application can be completed on the spot. Additional data that may be required will be papers and acts of cooperation, including the charter, as well as technical documentation for the property.

Important! In a number of regions, an expanded package of papers may be required, which will need to include a list of shareholders, as well as various acts on the formation of cooperation.

If there is a history of housing, for example, the shareholder transferred his share to another even before the construction of the object, you will need to provide executed agreements that recorded this process.

Where to contact

To make entries in the Unified State Register, you will need to contact the registrar, that is, an employee of Rosreestr. Transfer of documentation is possible using several methods:

MFC. This method is the most common;
via postal service with mandatory certification of all copies by a notary;
through the Rosreestr website. But for this you will need to have an electronic signature. In addition, the service is not available in all regions.

Additionally, there is an appeal to the specialists of the legal office, who draw up all the necessary documentation. This method is suitable for those who cannot do everything themselves. But with this option, you will need to pay for the services of lawyers who will deal with this issue in accordance with the concluded agreement.

Refusal to accept documents is rare, but if there is no passport or factual errors in the documents that are the main ones, the package of papers will not be accepted.

Registration deadlines and state fees

Registration times vary between 7-14 days. The period can be extended only if additional documents are required. You will also need to take into account that postal requests and return delivery of documents may take longer.

The amount of the state duty when registering your right to the specified property is 2 thousand rubles.

Registration result

The registration result will be negative if the documents were collected incorrectly or violations were found. In this case, a second application may be required. If the decision is positive, then the owner receives an extract from the Unified State Register of Real Estate, since the certificates have been canceled and are no longer issued.

Order of succession

A cooperative apartment can bring difficulties during inheritance. The main consequence, if the apartment is not registered as ownership, is that the heirs do not receive housing, but a share - the cost of the apartment. The key point is the fact that the share has been paid in full.

General inheritance procedure

Inheritance in general is possible in two ways - by will or by law. A will may not be known until the last moment, but if there is none, inheritance is carried out in accordance with the queues given in the Civil Code.

What to do for heirs:

The day of death opens the inheritance. The testator's relatives should first contact a notary to open a case on the distribution of the remaining property. It is better to choose a notary in the area where the deceased lives. You have six months to complete these actions.
The next step is to find heirs and property that needs to be distributed. The composition of the inherited things will be determined by the notary himself based on the available documentation.
Based on the results of the distribution of the inheritance, supporting documents - certificates - are issued. Real estate forms must be presented for registration in the Unified State Register of Real Estate.

Citizens will need the following documents:

death certificate;
application for opening an inheritance case - written in the presence of a notary, a sample can be viewed here;
documents on relationship with the deceased;
all documents for property that remains after death.

To register a share, you will need either documentation of acceptance into the cooperative, or papers for registered real estate.

If the apartment is registered as a property

This is the simplest option when the previous owner issued his rights on time. The heirs simply receive ownership of the housing, and they do not need to contact the cooperative. Having received a certificate of right to inheritance, the heirs contact the MFC to transfer the papers for registration. After 7-14 days, they will receive an extract from the Unified State Register of Real Estate with a record of the new owners of the apartment.

The share has been paid, but ownership has not been formalized

The shareholder's ownership of a cooperative apartment arises from the moment the share is paid in full. Even if the cooperative apartment is not registered in the Unified State Register of Real Estate, the shareholder is still considered the owner. In this regard, the right to the housing itself passes to the heirs.

IMPORTANT! If the share contributions have been repaid, then there is no need to join the cooperative association.

To register, you will need to obtain from the cooperative:

Next, the notary will issue the certificate. With a certificate, a certificate of payment of the share, protocols, state fees and a passport, the heir applies to the MFC. The cooperative apartment will be registered in the name of the heir.

Share not paid

This is the most difficult situation for heirs. The ownership right belongs to the cooperative, and the heirs receive only the savings of the deceased. The right to use an apartment is not inherited, since it is directly related to the fact of joining the cooperative.

IMPORTANT! Family members of the deceased who lived with him receive the right to use housing only if they join the cooperative.

What to do with the received cooperative share:

join a cooperative association, pay off share payments and register ownership of the apartment;
do not join the cooperative and receive compensation for the share.

If there are many heirs, then Art. 131 Housing Code of the Russian Federation. The preemptive right is distributed as follows:

First of all, the spouse who has the right to the share enters;
if the husband/wife is absent or refused to join, the heirs who lived with the deceased can enter;
if they all refuse to join, then the right passes to other heirs.

If the heirs do not wish to join the cooperative, they are paid the share amount. The procedure is carried out within the framework of Art. 13-14 of the Law “On Consumer Cooperation”. Additionally, you need to read the charter of the cooperative.

If the cooperative refuses to pay compensation, this can be regarded as unjust enrichment and can be taken to court.

Problems of registration of cooperative property

Several problems may arise during the registration process. The main situation is that the shareholders will actually be users of real estate, which in the general format refers to the property of the cooperative .
It is for this reason that donation or sale is not possible until ownership is confirmed in the form of registration. To complete the registration, you must provide the government agency with a full package of documents, which will also contain information about the cooperative itself. If these documents have been lost, they will need to be restored. In some cases, confirmation of rights is carried out through the judicial system.

The main problem is considered to be the stage of collecting papers, since various certificates will be required, which are prepared with the help of an accountant and the chairman, as well as obtaining papers related to the activities of the cooperative. But in practice, certificates may turn out to be changed and not registered in the prescribed time and manner. Because of this, there are delays in registering your rights.

Please note that in most cases, if problems arise with documents, court decisions cannot be avoided.

Advantages and disadvantages

Registration of ownership of a cooperative apartment has a lot of advantages and, in fact, only one significant drawback:

pros	Minus
Can be passed on by inheritance	Required to pay property tax
Can be given
Can be sold
Can be divided into parts
You can do redevelopment
Can be provided as collateral

Among other things, if the building in which such an apartment is located is subject to demolition, the owner may qualify for substantial compensation. But the user will either receive less, or, what happens more often, will be forced to accept the housing that will be given to him in return for the destroyed one. Without options and choice.

Who is the owner of the cooperative apartment?

The owner is the shareholder. In some cases, an apartment is considered joint common property acquired during marriage. In this case, the living space will be their common one, but in the shares established according to the contributed funds.

A minor who lives in the specified living space cannot be evicted, but after reaching legal age, one of the family members can transfer his share to him. But this will require the absence of prohibitions in the charter of the residential complex and the consent of the spouse, who is the second shareholder.