Is it necessary to privatize a cooperative apartment?

• only a person who has joined the housing complex as an independent shareholder has the right to privatize a cooperative apartment;
• if at the time of joining the cooperative a citizen was in a registered marriage, his partner also has the right to receive housing ownership (this rule is provided for by the Family Code of the Russian Federation - all property assets of the spouses are recognized as their joint property if they were acquired during the period of family relations);
• other family members (parents, children, grandchildren, etc.) will not acquire the right to joint or shared ownership, even if they lived with the shareholder at the time of joining the housing cooperative.

How to privatize a cooperative apartment

The final payment of the share is not a legal guarantee of property rights to the cooperative apartment. You can establish your rights as an owner only if you register with Rosreestr.

Before registering for a cooperative living space, the applicant must:

• make sure that you have paid the share contribution in 100% of the amount - late payments can lead to exclusion from the HOA (clause 3 of Article 130 of the Housing Code of the Russian Federation);
• determine the time of making the last payment - in order to know where to put a stamp on the certificate of payment of the share.

Then you can begin collecting documents and applications for registering property rights. Below we will look at the algorithm of actions, where we will clearly demonstrate that the registration differs from the usual privatization of an apartment.

Procedure

The registration of cooperative housing is subject to the norms of housing and civil legislation.

How to approve ownership ( algorithm ):

1. Wait until the house is put into operation.
2. Prepare cadastral documents for the apartment.
3. Repay the share contribution in full (as evidenced by the certificate).
4. Collect documents for registering property rights.
5. Contact the State Budgetary Institution “My Documents” and transfer the package to Rosreestr.
6. Obtain an extract from the Unified State Register of Real Estate on the ownership of a cooperative apartment (see “What does a document on the privatization of an apartment look like”).

There are no particular difficulties - unlike privatization, registration of cooperative housing does not require contacts with the administration. This significantly reduces the time frame.

Procedure

A certificate of payment of the share is issued by the board of the housing cooperative. The applicant must contact the chairman or secretary directly. The issued document is endorsed by the state authority:

• if the share was paid before 1997 - to the BTI;
• if after 1997 - in the territorial body of Rosreestr.

Let us note one more important circumstance: there is one share per cooperative apartment (Clause 1, Article 112 of the Housing Code of the Russian Federation). Even if the living space is occupied by several people, the financial burden falls on the share payer. However, it happens that the share is paid not by one person, but by several shareholders at once. According to this arrangement, the cooperative apartment is also divided into several shares - in proportion to the paid parts.

Question: Hello!

Please tell me! I want to register ownership of a cooperative apartment. I am paying the share contribution, but so far I have encountered financial difficulties. My brother has the funds and offers to help with the payments. But he wants to get his share in this apartment, although he already has separate housing. What should I do? Can I re-register the contract with the housing cooperative in favor of my brother or include him as a second shareholder?

Answer:

Good afternoon

Membership in a housing cooperative, as well as in a homeowners association, is issued at a time for one shareholder. Now you are the payer, because... It is with you that the housing cooperative agreement was concluded. You will not be able to include your brother in it, even if he intends to help with the repayment of the share financially. Your brother will also not be able to apply for a cooperative apartment on the same basis as you. Try talking to your brother: he will probably be able to lend you the missing amounts, and you will return them to him immediately after paying the share contribution. For example, by exchanging a cooperative apartment. The transaction will need to be drawn up in the form of a receipt, and then certified by a notary.

Documentation

Approving ownership of an apartment in a housing cooperative building does not present any particular difficulties. The most important thing is to have documents on membership in the cooperative, as well as a certificate of repayment of the share contribution.

List of documents:

• copies + originals of passports of the shareholder and his family members;
• official certificate of full repayment of the share (the stamp is placed either in the BTI or in the branch of the Cadastral Chamber);
• a warrant to move into a living space;
• registration certificate for a cooperative apartment;
• a copy of an extract from the minutes of the meeting of housing cooperative representatives - confirms membership in the cooperative;
• a copy of an extract from the house register (extended);
• TIN;
• receipt of payment of state duty;
• marriage certificate - if a spouse participates in registration, and the apartment is considered joint;
• children's birth certificate (if necessary);
• will and certificates of inheritance - if after the death of the shareholder, the rights to the apartment passed to his successors.

Example of minutes of a meeting of housing cooperative members

The standard list can be expanded by housing cooperative documents - we are talking about the Charter of the cooperative, minutes of the meeting, technical passport of the house, etc.

If you transfer documents through the State Budgetary Institution “My Documents”, the employees themselves will make inquiries about housing cooperatives from archival sources. The electronic database stores information about registered cooperatives - you need to provide the case number and name of the housing cooperative. Therefore, if the organization is already in the database, additional documents will not be required. But it’s best to prepare them, just in case.

Deadlines

The development of auxiliary departments simplifies the interaction of citizens with government agencies. If earlier people crowded into Rosreestr waiting for an appointment, now documents are submitted much faster - with the help of the State Budgetary Institution “My Documents” or simply MFC, which are available in every locality in Russia. We recommend privatizing an apartment through the MFC - detailed instructions in our article.

Submitting an application and documents takes about 5-10 minutes. The wait for an extract from the Unified State Register to be issued is from 7 to 14 working days , depending on the workload of the Rosreestr office. Thus, registration of ownership of a cooperative apartment lasts 2-3 weeks.

Expenses, taxes

The state fee for approving the right to an apartment is 2,000 rubles per person . The payment is a one-time payment. It can be paid in any convenient way: at the bank’s cash desk, through a terminal, through the Sberbank Online service, etc.

If you need to update or produce a registration certificate for an apartment, you will have to pay from 1,000 to 3,000 rubles (BTI prices depend on the region). The costs of obtaining the constituent documents of a housing cooperative are individual. A certificate of redemption of a share is issued free of charge.

The tax rate is set depending on the total cadastral value of the property. If the price is up to 300,000 rubles – 0.1% of the cost; if a cooperative apartment costs from 300,000 rubles to half a million - 0.3%; everything above is taxed up to 2% of the inventory value of housing. The average rate can be considered 0.3%, because... Most objects fall under this indicator.

Privatization of a cooperative apartment: is it necessary to do it and how to carry out the process

• certificate of payment of contribution;
• warrant for an apartment;
• list of housing cooperative members;
• a copy of the Housing Cooperative Charter;
• an extract from the minutes of the meeting on the admission of the owner to the cooperative;
• certificate of cost of living space;
• land documents;
• registration certificate of the apartment;
• cadastral passport of the object;
• copy of civil passport and TIN;
• receipt for state duty.

We recommend reading: Renting non-residential premises free of charge

The concept of a cooperative apartment

Cooperative living spaces are located in houses belonging to housing cooperatives (HCS).
Such cooperatives are created by future residents for the purpose of construction and subsequent management of the house. The cost of a future apartment for each member of the housing cooperative is equal to the size of the share, after which the tenant has the opportunity to privatize the apartment (Clause 1, Article 129 of the Housing Code of the Russian Federation). The construction of a house is paid for through initial share contributions amounting to 10-30% of the total share amount ; the shareholders repay the rest after the construction of the house for several years. Until the full amount of the share is paid, residents do not have the right to own cooperative premises; they can only live in them and accommodate members of their family, as well as rent out living space for a fee (clause 1 of Article 128 of the Housing Code of the Russian Federation).

Privatization of cooperative housing means registration of ownership rights by paying the share contribution in full.

Legislative regulation of registration of rights to housing in housing cooperatives is carried out:

• chapters 11, 12 of the Housing Code;
• Art. 218 of the Civil Code.

The Housing Code describes the functioning of housing cooperatives, and the Civil Code indicates the emergence of property rights after payment of the share contribution. Until the share is paid, the owner of the apartment is a legal entity - housing cooperative.

What it is

The mechanism for purchasing housing through joining a housing cooperative was introduced during the existence of the USSR. This form of improvement of living conditions was accompanied by the payment of cash shares and was fundamentally different from the usual conditions for allocating living space at the expense of the state fund.

The legal status of an apartment in housing cooperatives (hereinafter referred to as housing cooperatives) is characterized by the following features:

• upon joining the residential complex, the list of future owners of the apartment was determined in advance, i.e. ownership can only be issued directly to the shareholder, and not to all family members (if a member of the cooperative was officially married, the housing will be distributed as joint ownership);
• real estate in housing cooperatives is not state or municipal property, which does not allow the standard rules of a privatization transaction to apply to them;
• Ownership of housing in a cooperative is carried out on the basis of the right of common shared ownership of all shareholders until a specific share is allocated to them.

Based on the legal regime of an apartment in housing cooperatives, it cannot be classified as an object subject to privatization under Law No. 1541-1. Privatization consists of re-registration of rights to state or municipal property, while cooperative housing is not included in the specified fund.

However, the existence of the right of common shared ownership of housing by members of the housing complex does not give individual shareholders the right to independently dispose of the apartment at their own discretion (sell it, exchange it, officially rent it out, etc.). To acquire such a right, the shareholder must allocate the owned share, which is possible subject to certain conditions.

Who is the owner?

To understand this, it is necessary to remember the history of this phenomenon. Cooperative apartments were not originally the property of the state. But it was not transferred into private hands either.

Instead, they were considered to belong to a legal entity - a housing and construction cooperative. And he, in turn, was a voluntary association of people who wanted to become apartment owners.

That is, citizens did not have ownership rights to apartments in the cooperative. But they could use them and were required to pay fees. As soon as the amount paid reached a certain amount - the share contribution, the cooperative participant became its owner.

But this is not the privatization of a cooperative apartment, but the implementation of participant rights.

Ownership does not come automatically. The fact of a change of owner must be recorded, that is, state registration of the right must be carried out.

Only after an entry is made in the Unified State Register and the newly-minted owner receives a Certificate of his right, it will be valid.

Is it necessary to privatize a cooperative apartment in Russia?

A housing cooperative is an association of citizens that is created to purchase apartments provided for legal use. If the purpose of creating an association is to build housing with further provision to members, the organization will be called a housing construction cooperative. Taking this fact into account, it can be understood that a housing construction cooperative initially has broader and more diverse tasks, because it involves not only purchasing, but also preliminary construction.

What is a “cooperative apartment”

During the Soviet Union, a mechanism was introduced that made it possible to acquire ownership of square meters by becoming a member of a housing cooperative (LC). The conditions for obtaining cooperative housing differed significantly from the procedure for issuing municipal apartments. To obtain the status of a shareholder, a person is required to make a one-time entrance fee and pay a certain amount of money monthly to the housing complex fund.

Apartments that are part of a residential complex have the following features:

1. Simultaneously with joining the residential complex, a list of owners was established. As a result, not all persons registered in the apartment could apply for registration, but only the shareholder himself. If a member of the housing complex was officially married, the property was registered as joint property and the legal partner of the shareholder had the same rights to it.
2. Neither the state nor the municipality owns cooperative square meters. Therefore, standard privatization provisions do not apply to them.
3. Housing that is part of a residential complex is owned by all members of the cooperative on the basis of shared ownership, but only until someone initiates registration of the apartment in their name.

Due to the characteristic features of cooperative housing, it is not subject to Federal Law No. 1541-1 “On Privatization...”. In residential complexes, the rule of common ownership applies; individual shareholders cannot independently dispose of the living space in which they live.

Is it possible to privatize a cooperative apartment?

Now let’s remember what cooperative property is. A housing or housing construction cooperative was created through a voluntary association of citizens and/or legal entities interested in housing on the basis of membership. A cooperative apartment is the property of the cooperative or, in the case of full payment of the share contribution, the property of a citizen. At the same time, the adjacent territory and utility buildings remained the property of the cooperative. When a member of a housing cooperative fully paid the share, he received a Certificate of ownership in this housing cooperative, but this is not the same thing as privatization.

Differences between a cooperative and non-privatized apartment

In both cases, a person has the right to live in this apartment, but cannot inherit it, sell it or remodel it. However, a cooperative apartment can be rented out (in whole or in part) in accordance with Article 128 of the Housing Code of the Russian Federation.

In addition, the right to use housing, as well as all paid shares, are still inherited, unlike the situation with a privatized apartment. Otherwise, the general principles are the same. But if you can privatize an apartment (and, as a result, register ownership of it) for free, then in order to become a full owner of cooperative housing, you first need to pay all the necessary fees.

All residents who officially live in it have the right to privatize an apartment. And only the person who is a member of the cooperative has the right to register ownership of a cooperative apartment, and it does not matter how many people are actually registered in the premises.