Registration of ownership of a cooperative apartment - 140 tips from lawyers and lawyers

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Published: 01/28/2018

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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.

When exactly will free privatization end in Russia?

Privatization in the Russian Federation began back in 1991. Over the years, the public housing stock has shrunk by two-thirds. The remaining share should also go into private hands, but the process was quite delayed and because of this, the authorities of our country extended it several times.

Not long ago, many sources published data according to which 2020 will be the last year when those who wish will be able to receive (completely free of charge) the apartments they occupy.

In fact, this information turned out to be inaccurate - in reality, privatization is now an open-ended action. This status was assigned to it by the 14th Federal Law, adopted at the end of February 2017.

Thus, now citizens who still live in state apartments have nowhere to rush.

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.

Inheritance process

The period for entering into inheritance is 6 months. During this period it is necessary to have time:

submit an application for inheritance;
provide documents: death certificate, identity cards, will (if any), confirmation of kinship, certificate of payment of the share (if payments have been made), legal documents for real estate, certificate of assessment of the value of property, receipt of payment of state duty (for spouse, parents, children, brothers, sisters - 0.3% of the value of the property, but within 100 thousand rubles, for others - 0.6% within 1 million rubles);
obtain a certificate of inheritance.

Afterwards, the property must be registered with Rosreestr.

The heirs are given the opportunity to renounce their share of the property or divide the apartment by agreement.

Each of the owners will be able to sell, donate, or bequeath their share if the co-owners do not mind. The latter have a pre-emptive right to acquire a share. They have a month to make a decision.

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.

Are heirs required to join a cooperative?

Membership in any association is voluntary. No one can force citizens to join a cooperative.

But there are some nuances. It all depends on whether the testator managed to pay the cost of housing and register ownership.

The obligation to join a cooperative arises in the following cases:

The shareholder did not have time to pay the full cost of the apartment. The applicant will have to apply to join the housing cooperative, and after being accepted into the association, make payments. Otherwise, the recipient is deprived of the right to inherit the apartment.
If the shareholder has paid the full cost of the apartment, but has not registered ownership of it, then the recipient will have to become a member of the association. The apartment is the property of the cooperative. Only members of the housing cooperative can live in it.

Important! If the cost of housing has been paid in full and the testator has completed all the paperwork, then it is not necessary to become a member of the cooperative.

Who has a priority right to membership in the housing cooperative? Priority is given to the spouse of the testator. The only condition is that she must have the right to a share.

If the spouse did not participate in payments or refused membership in the housing cooperative, then the preemptive right passes to the heir who lived with the deceased subject. If the priority applicants refuse or are absent, then the right to membership in the association passes to the heir who lived separately from the deceased citizen.

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.

Question answer

Question: The title to the cooperative apartment was not registered. After the death of a member of the cooperative, the notary refused to issue a certificate of inheritance to the applicants. What do we have to do?

Answer: If the share has been paid in full, you must request all supporting documents from the housing construction cooperative. Next, a lawsuit is filed in court to recognize the heir's right of ownership. Subsequently, registration of real estate will be carried out on the basis of a court decision.

Question: After the death of a woman, a cooperative apartment remained. The share payment has been made, but the documents for the property have not been received. The woman was survived by 2 daughters, one of whom lived with the deceased, and a granddaughter. Who will the documents be issued to?

Answer: In accordance with Art. 131 of the Housing Code of the Russian Federation, the daughter who lived with the deceased has a preemptive right to be accepted as a member of the Housing Committee. Both daughters can claim equal shares of the share. The second daughter can become a member of the cooperative if the first daughter refuses this opportunity. If both heiresses do not wish to join the housing complex, the granddaughter can do so by pre-paying the share contribution. An heiress who has not become a member of the Housing Committee may demand payment of an amount commensurate with her share of the inheritance.

The payment period is determined by agreement of the parties or in court, but not later than 1 year from the date of death of the testator.

Despite the fact that the process of transferring property after death is clearly defined by law, many disputes arise regarding the inheritance of cooperative apartments. The main problem is that relatives do not know what cooperative real estate means, who should become a member of the cooperative, is it possible to receive financial compensation without becoming a member of a public association, what to do if the payment amount is not fully repaid?

The lawyers of the portal ros-nasledstvo.ru will answer these and many other questions. Explanations from specialists will help you make the right decision and coordinate actions to acquire an inheritance.

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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.