How to register ownership of a cooperative apartment?

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The word “privatization” itself does not apply in this case, since it refers to the transfer of state property to private individuals/companies. A cooperative apartment is the property of a certain legal entity. Thus, here we can talk about a buyout, but not about privatization as such.

What is a “cooperative apartment”

The concept of “cooperative apartment” appeared during the Soviet era. At that time, a significant part of all residential premises belonged to the state and were distributed to individuals for certain merits, length of service, and so on. It is quite logical that citizens wanted to obtain real estate in other ways. This is how cooperatives appeared.

They were an association of a group of individuals, forming, in fact, a legal entity - a company. This company bought, built, or otherwise acquired ownership of a certain house or several apartments/houses, after which all members of the cooperative received the right to use these residential premises.

As part of fulfilling their obligations, they were obliged to regularly pay share payments for housing and only when the required amount was reached did they receive full ownership of the apartment.

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.

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.

Is it necessary to privatize a cooperative apartment?

It is absolutely necessary, but not to privatize it, but to register it as property. Residents of such real estate are in any case obliged to pay share contributions with enviable regularity. And therefore, sooner or later they will receive the right to register ownership of the apartment. Depending on the terms of the cooperative, it may be possible to pay the entire amount due in advance, which will allow you to register ownership ahead of schedule.

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.

How to privatize a cooperative apartment

As already mentioned, there is no need to privatize a cooperative apartment. But the ownership right needs to be formalized. Let's take a closer look at exactly how this can be done.

Order (algorithm of actions)

Pay all share contributions.
Obtain a document confirming this fact.
Prepare documents for registering property rights.
Submit an application for registration to Rosreestr or MFC (My Documents).
Receive an extract from the Unified State Register of Real Estate. The new owner must be indicated in it.

Procedure

Unlike privatization, registering ownership of cooperative housing is not particularly difficult. If the house has already been put into operation, then all that remains is to pay all the fees.

If this has not happened yet, then you will have to wait. After this, documents for the apartment are drawn up. As a rule, this is done directly by the cooperative itself, since the housing actually belongs to it. And after all fees have been paid, the documentation is transferred to the new owner.

The next step is to collect documents. They should be submitted to the MFC (My Documents) or Rosreestr. The first one is simpler. The second is a little faster. And after a few days you can pick up an extract from the Unified State Register with new data. That's it, from this moment the applicant is considered the full owner of the property. Formally, he is one at the time of submitting the application, but without an extract, nothing can be done with the housing.

Registration of ownership

Ownership of the apartment passes to the shareholder at the time of full payment of the share. This fact must be confirmed through state registration of ownership of a cooperative apartment in the Unified State Register of Real Estate. Registration is possible if the house has already been put into operation.

General procedure for registering property:

Collect documents according to the list and pay the state fee.
Go to “My Documents” to transfer papers.
After the registration period expires, pick up the finished result.

Let's look at the stages in more detail.

List of documents

To register ownership of a cooperative apartment you will need:

The list of documents for registration of ownership of an apartment may be supplemented depending on the practice of the region. Based on the submitted documents, the employee will issue an application. There is no need to fill out an application at home in advance.

Where to contact

The entry into the Unified State Register is made by a registrar - an employee of Rosreestr. You can transfer documents to him in one of the following ways:

in person through the MFC - the most common and reliable option;
by mail - an expensive and unpopular method; all signatures will have to be notarized;
via the official website of Rosreestr - the opportunity is new, not implemented in all regions, it requires a special digital signature.

The most convenient way is to select the nearest My Documents office and make an appointment with its specialist.

IMPORTANT! They can refuse to accept documents only if the applicant has not brought a passport. In other cases, documents must be accepted, even if they are made with errors or some paper is missing.

Registration deadlines and state fees

Registration takes from 7 to 14 working days, depending on the complexity of the situation and the completeness of the documents. If the applicant forgot to attach a certain certificate, the registration will be suspended. The document will also need to be submitted through the MFC.

The state fee for registering property rights is 2,000 rubles.

Registration result

Based on the results of registration actions, specialists issue an extract from the Unified State Register of Real Estate, in which the owner of the living space will be indicated. The certificates (pink on the form) of ownership have been canceled, and now the rights are confirmed by extracts.

The registrar may refuse registration if it finds deficiencies in the documents or their set is incomplete.

Documentation

When submitting an application to the MFC (My Documents) or Rosreestr, you must attach directly to the application itself:

Passport of a member of the cooperative.
A document confirming the fact of participation in the cooperative.
Receipt/certificate of payment of all share contributions.
An order regarding the right to reside in a given property.
Technical certificate.

In some cases, passports of other family members and/or birth certificates may be additionally required. In addition, if the share was paid out after the original member of the cooperative died, a certificate of inheritance and a death certificate are required.

Example : The apartment was received for use several years ago. An accident occurred and a member of the cooperative died. His heir formalized the right to inheritance and thus actually became a member of the cooperative. Now, when registering ownership rights after paying all contributions, he is required to additionally submit a death certificate and a document confirming receipt of the inheritance.

Deadlines

Unlike privatization of an apartment, registration of ownership is much faster and easier. On average, from the moment of repayment of all outstanding contributions (provided that the house is put into operation) until receiving an extract from the Unified State Register of Real Estate, about 1 month passes. Less often - more. Much depends on how actively you engage in this issue. If you wish, you can do everything in a few days.

Approximate processing times:

Submitting an application: from 5 minutes to half an hour.
It takes approximately 7-14 days to prepare an extract from the Unified State Register.

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.

Shareholder documents:

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.

In some regions, they are asked to certify copies with the signature of the applicant himself. This is done by affixing the inscription “Copy is correct”, date, signature and transcript.

Procedure

With documents in hand, the procedure for privatizing actions is as follows:

Select the nearest MFC to submit your application. It is not necessary to choose an office in the area where the apartment is located or where the shareholder is registered. Any will do.
Make an appointment in advance or come on a first-come, first-served basis.
An MFC employee will fill out an application. The specified data must be carefully checked and then signed.
Based on the results of the reception, an inventory will be issued, which will indicate the registration deadline.

Attention! In some regions, the service of submitting electronic documents for registration through. You will need a special enhanced digital signature.

Duration, cost and result of privatization

From the moment of transfer of documents for privatization, no more than 14 days will pass until the entry is made in the Unified State Register of Real Estate. Separately, you need to take into account the time it takes to search for documents, especially if the cooperative has been gone for a long time.

Attention! If the cooperative is liquidated, contact the local archive with a request - this way you can restore lost certificates and protocols. If there are no documents in the archive, a statement of claim to the court with the calling of witnesses will help. The testimony will confirm the identity of the shareholder and the fact of payment of money.

The cost of privatization of a cooperative apartment consists of the cost of obtaining documents. As a rule, housing cooperatives' certificates are issued free of charge; for copying protocols they may charge a commission of approximately 10 rubles per sheet. The state fee for registering a license with Rosreestr is 2,000 rubles.

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.

The procedure for registering property rights

The emergence of rights to cooperative housing, after the actual construction of an apartment building, was carried out by the shareholders receiving a certificate from the housing cooperative, which in fact only confirmed the completeness of the transfer of share contributions.
This document has no legal force, since the registration system in the Russian Federation is based on completely different principles. To contact the registration authorities, you must ensure compliance with the following conditions:

registration of ownership is possible only for those citizens who have transferred share contributions in full, otherwise the debt to the cooperative will have to be fully repaid;
membership in a cooperative implies the presence of a certain share in the common law, corresponding to a specific number of square meters of the apartment - a member of the housing complex will be able to register only the number of meters of housing that is part of the apartment and was paid for in contributions;
the cooperative must have constituent documents that must be submitted when registering the first apartment in the house as private property (for registering subsequent apartments, the submission of these documents is not necessary, since they will be at the disposal of the Rosreestr service).

The housing cooperative is obliged to issue its shareholders with any forms of documents that are required at the registration stage, so the preparatory stage should not cause significant difficulties.

The full set of documents that will be required to complete registration actions includes:

an application for registration, and, if necessary, registration of the property with cadastral registration (registration of an apartment building with cadastral registration will be carried out simultaneously with the first application of shareholders to register property rights to housing);
the applicant's general passport;
an official form confirming the full payment of the share contribution to the cooperative (as a rule, the purchase of housing through residential complexes took place before 1997, so a certificate of payment of the contribution must be obtained from the BTI archive);
technical plan for residential premises - this document must be prepared by a cadastral engineer upon application by the apartment owner;
a document confirming the legality of the transfer of rights from the shareholder to other persons (for example, as part of inheritance proceedings);
payment order confirming the transfer of state duty (as of 2021, the amount of the specified payment is 2,000 rubles for each property).

The list of required documents will be expanded if there is a first application for the registration procedure among members of the cooperative. In this case, the following forms and forms are additionally sent: constituent documents of the residential complex; a certificate confirming the applicant’s membership in the cooperative (decision of shareholders to admit a citizen to the housing complex). For each subsequent application for registration, these documents do not need to be submitted; they will already be entered into the cadastral database of Rosreestr.

It must be taken into account that even when registering a cooperative apartment building with cadastral registration, the owner of each residential premises must obtain an independent technical plan for his apartment. This can be done by contacting a professional specialist - a cadastral engineer. The completed technical plan will contain an exhaustive list of the characteristics of the object necessary for their inclusion in the state register of the Unified State Register of Real Estate.

Reasons for refusal to privatize a cooperative apartment

The cooperative has the right to refuse registration of ownership of an apartment only if all contributions have not been paid. However, refusals from the state may follow. Thus, it will not be possible to obtain ownership of housing in the following cases:

The building in which the apartment is located was built illegally.
The cooperative was not formalized.
An incomplete package of documents was provided.
There were errors in the documents.
The state duty has not been paid.
There is suspicion of document forgery.

Any controversial issues will have to be resolved exclusively through the courts. Resubmitting can lead to success only if the package of documents was indeed incomplete or there were errors in them (of course, you need to resubmit only after all the problems have been eliminated).