Is it necessary to privatize a cooperative apartment - 229 tips from lawyers and lawyers

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Published: 01/28/2018

Reading time: 6 min

All members of the cooperative have the right to live in a cooperative apartment, but in order to sell, exchange or inherit such an apartment, it must be privatized. Registration of rights to cooperative living space is possible subject to a number of conditions.

The concept of a cooperative apartment
How to privatize a cooperative apartment? List of documents
Procedure

Conclusion

Features of the privatization of cooperative apartments

The term “privatization” refers to the process of transferring municipal or state-owned residential space to private space . It does not apply to cooperative square terms because they were not previously owned by the state. However, these are legal subtleties.

Registration of property rights is a procedure that is the same for everyone. The nuances of terminology are due to certain legal formalities. We will dwell on them later and in more detail.

The owners of privatized apartments are shareholders who bought the square meters at market value. No one can oblige them to register their own property as their property.

The Code of Administrative Offenses of the Russian Federation does not provide for liability for this. Whether or not to privatize a cooperative apartment is decided by its owner individually.

But when making a decision, you need to know the following:

cooperative housing that has not been registered as a property cannot be sold, bequeathed, donated, or disposed of in any other way;
Without documents, you cannot issue a mortgage or transfer an apartment as collateral for a mortgage loan;
if controversial situations arise, it will be difficult to prove full payment of share contributions; it will be necessary to look for witnesses and retrieve archival documents;
You cannot divide the apartment between children.

The issued rights can be confirmed at any time by an extract from the Unified State Register of Real Estate.

The privatization procedure frightens citizens by “going through the pain” - collecting and visiting various authorities, wasting money. But, in fact, there are no particular difficulties in how to privatize a cooperative apartment.

Step-by-step instruction

The algorithm of actions on how to privatize a cooperative apartment includes several steps:

Collection of documents.
Submitting an application for registration to Rosreestr.
Receipt of final documents.

Let's look at the steps in more detail.

Preparation of documentation

To privatize a cooperative home, you need to prepare:

documents for the shareholder;
papers for living space;
documents for the cooperative - if no one from the housing cooperative has applied for privatization and registration of rights before the shareholder.

passport - the original is presented to MFC employees;
protocol on admission to membership of the cooperative or an extract from it - original or certified copy;
marriage certificate - original and copy, if the share was paid during marriage;
receipt for repayment of state duty - 2,000 rubles, original. Paid in advance.

Papers for cooperative living space:

certificate of full payment of the share - 2 originals and a copy;
extract from the Unified State Register of Real Estate for the cooperative area - original;
a copy of the housing order certified by the chairman.

The document on repayment of mandatory share payments looks like this:

If the applicant is the first shareholder of a housing cooperative who applies for the privatization of a cooperative living space, you will also need:

the charter of the housing cooperative - the original and a copy certified by the chairman;
protocol on the election of the chairman and chief accountant of the housing cooperative, as well as on the inclusion of members;
certificate or extract for the land plot.

Legal regime of cooperative apartments

The mechanism for purchasing apartments by joining a housing cooperative (LC) was introduced during the Soviet era . This form of improving housing conditions differed from the standard procedure for allocating square meters from the state fund, since it was accompanied by the payment of cash shares.

The legal status of residential complexes is characterized by the following features:

the list of future owners is determined in advance;
ownership is registered in the name of one shareholder, and not in the name of all members of his family (but if a member of the cooperative is married at the time of joining the housing complex, the housing will be considered joint property);
ownership of an apartment in a residential complex occurs on the basis of common shared ownership of all shareholders until the allocation of a specific share;
real estate in a residential complex is neither state nor municipal, therefore it is not subject to the rules of a standard privatization transaction. However, the existence of the right of common shared ownership of housing does not allow shareholders to independently dispose of the living space.

This is, in fact, how a cooperative apartment differs from a privatized one.

The procedure for registering ownership of a privatized apartment

The actual emergence of rights to a cooperative apartment occurs after the MKD building is put into operation and the shareholders receive a certificate confirming that the share contributions have been made in full.

This document has no legal force, since the registration system of the Russian Federation is based on other principles. A reasonable question arises: is it possible to privatize a cooperative apartment at all?

This can be done by contacting the relevant registration authorities. But first, the following conditions must be met:

Only those citizens who have fully transferred share contributions and have no debt to the housing complex can register property rights;
the residential complex must necessarily have constituent documents - they will need to be submitted to the government agency when registering ownership of the first apartment (in the future, the provision of documents will not be required, since they will be stored in the Rosreestr database);
membership in the housing complex presupposes the presence of a specific share in the common law - its size will correspond to the number of square meters of the apartment, if it is owned. A member of the cooperative can register ownership only of the area that is part of the apartment and paid for by share contributions.

The management of the housing complex is obliged to issue shareholders any forms of documents and certificates that may be required at the initial stage of registration of housing ownership, so the preparatory stage will not cause any complications.

Algorithm for further actions

Step-by-step instructions for registering ownership of a privatized apartment begin with collecting and preparing a package of documents.

To complete registration steps, you will need the following forms and certificates:

application for registration;
application for registration of an object for cadastral registration (registration of an apartment building for cadastral registration occurs in parallel with the first application for registration of ownership rights to cooperative housing);
applicant's passport;
form for payment of share contributions to the residential complex (the certificate is issued in the BTI archive);
technical plan of the apartment - the document is ordered from a cadastral engineer in person;
documents confirming legal ownership - inheritance proceedings, donation, etc.;
receipt of payment of state duty (in 2020 this amount is 2 thousand rubles for one property).

The list of documents can be expanded if this is the first application to Rosreestr. Then you will need the following forms and forms:

constituent documents;
the decision to admit a citizen to the number of shareholders is a certificate confirming the applicant’s membership in the LCD.

The second and subsequent requests do not require the provision of additional documents, since they will already be entered into the Rosreestr database.

It must be taken into account that when registering an apartment building for cadastral registration, the owner of each residential premises must receive an independent technical plan for the apartment.

This can be done by contacting a cadastral engineer . The technical plan contains a complete list of the characteristics of the object that are required for inclusion in the state register of the Unified State Register of Real Estate.

Design nuances

The procedure for privatizing a cooperative apartment consists of separating an independent living space from the general composition of the apartment building. The right to receive housing ownership, according to the rules of the privatization program, has the entire circle of tenants.

But when registering a cooperative object, a number of features should be taken into account:

Only an independent shareholder has the right to privatization;
if at the time of joining the housing complex the citizen was married, then in accordance with the Family Code of the Russian Federation his partner also has the right to receive ownership of the apartment;
other family members (children, parents, grandchildren) do not acquire ownership rights, even if they lived together with a member of the housing complex.

Once ownership is confirmed, the applicant will be given a title document - an extract from the Unified State Register of Real Estate.

Having this document in hand, the owner has the right to dispose of the housing at his own discretion, including distributing shares among family members.

Required documents

In order to become the full owner of a cooperative apartment, the shareholder must provide the registrar with the following documents:

statement;
shareholder's passport;
certificate from the Residential Committee on full payment of share contributions (if this happened in 1997 and later);
a certificate from the BTI confirming payment of the contribution (if this occurred before 1997);
technical plan for the real estate being registered (prepared by cadastral engineers upon request of the property owner);
a document confirming the transfer of rights from the shareholder to another person (for example, by inheritance);
a receipt confirming payment of the state duty.

If in this cooperative your apartment is registered earlier than others, the registrars will require you to provide a number of additional documents:

application for cadastral registration of an apartment building;
package of constituent documents of a housing cooperative;
a certificate confirming the applicant’s membership in the Residential Complex.

These documents will be entered into the cadastral database after the initial application and their subsequent provision will not be required.

Actions if the share was paid before 1997

There is an opinion that privatization of a cooperative apartment is not required if the share contributions were fully repaid before 1997. In reality, the differences relate to the procedure for confirming property rights.

In 1997, a document appeared at the legislative level on the registration of real estate and the creation of the Unified State Register of Real Estate. Until then, the registration procedure took place through the BTI.

Therefore, if contributions were paid before 1997, registration of ownership is limited to obtaining a certificate from the Bureau of Technical Inventory . If desired, the owner of square meters can register with the Unified State Register of Real Estate.

A more preferable option is to have an entry in the Unified State Register of Real Estate . Therefore, even if the contributions were paid before 1997, it is better to still contact Rosreestr and register your property rights.

Inheritance

In inheritance matters, everything depends on whether the share has been paid in full or not:

If the ownership right is paid and registered, the cooperative apartment is inherited like all other property. There is no need to join a cooperative.
If it is paid, but the right is not formalized, the heirs will have to take a certificate from the cooperative about full payment and take it to the notary. The notary will issue a certificate of inheritance, which you need to contact the MFC. The right will be registered on the basis of a certificate and certificate. There is no requirement to join a co-op.
If payments are not repaid, then one of the heirs needs to join the cooperative, repay the share and after that privatize the cooperative apartment. In this case, it is not the housing that is inherited, but the share.
If there is no desire to join a cooperative, you can receive compensation for a share for a deceased shareholder. The apartment will remain the property of the housing cooperative.

Regarding the question of whether it is possible to bequeath a non-privatized apartment, the answer also directly depends on the payment of the share. A will is drawn up for housing if it has already been registered as a property. In practice, the notary will not draw up a will, even if the share has been paid out and the right has not been registered.

Timing and cost of privatization

The application and documents for the privatization procedure for a cooperative apartment are considered within 14 days . Separately, you should consider the time for collecting and preparing documents, especially if the housing cooperative has ceased to exist.

If the residential complex no longer exists, you should contact your local archives with a request. This institution will help you restore lost protocols and certificates. If you do not find the necessary documentation in the archive, you will need to go to court.

To prove the existence of property in the residential complex, you will need to call witnesses to confirm the identity of the shareholder and the fact of payment of funds.

The cost of privatization consists of the prices for obtaining securities . Certificates from housing cooperatives will be issued free of charge; copying protocols will cost approximately 10 rubles per sheet. The state duty for the privatization procedure is 2 thousand rubles.

Some are interested in what will happen if the cooperative apartment is not privatized. No one will evict you from your living space, but you will not be able to dispose of it, that is, draw up a will, deed of gift, purchase and sale transaction and other administrative documents.