Registration of ownership of a cooperative apartment

The term “cooperative apartment” appeared in the late 80s of the last century. Until this moment, all residential properties were in state ownership, and citizens used them for living without the emergence of property rights. The concept of private property did not exist then.

The situation changed with the advent of housing construction cooperatives or housing cooperatives, which were engaged in the construction of cooperative housing. Such objects were owned by a legal entity, and the residents were shareholders. We will talk below about how to register ownership of a cooperative apartment.

What does the term “cooperative apartment” mean?

Many people confuse the concepts of “cooperative apartment” and “municipal housing”. However, this is not the same thing. The difference lies in the status of the owner. If the owner of municipal housing is the state, then the cooperative apartment belongs to a legal entity - housing cooperative. Members of housing construction cooperatives pay share contributions. Having paid for the apartment, the shareholder can become its legal owner on the basis of the first paragraph of Article 129 of the Housing Code of the Russian Federation.

Some changes in the activities of housing cooperatives occurred with the introduction of the new Housing Code in 2004. In particular, the very name of cooperatives has changed. Now housing cooperatives have been replaced by homeowners' associations. However, the change in organizational form did not in any way affect the housing legal relations of the shareholders. Starting from 2016, the fact of payment of a share is confirmed not by a certificate, but by an extract from the Unified State Register of Real Estate.

Thus, in order to become the owner of cooperative housing, a citizen must pay off the share contribution. Until this happens, he can live in the apartment, but not dispose of it. He cannot donate cooperative housing, sell, exchange or bequeath. But rental is permitted on the basis of the first paragraph of Article 120 of the Housing Code of the Russian Federation.

Is it necessary to privatize a cooperative apartment?

The term “privatization” itself is not applicable to cooperative housing. Initially, such objects are not state-owned, and therefore cannot be privatized. Having paid the share contribution, a citizen can register the living space in Rosreestr. Having received an extract from the Unified State Register of Real Estate, the shareholder becomes the full owner of the property. Then he can dispose of it at his own discretion.

Registering a cooperative apartment has the following advantages:

ownership is registered quickly and simply;
you can freely register friends, relatives and third parties in the apartment;
the possibility of selling, renting, exchanging, donating, bequeathing housing;
the right to marital division of property.

The disadvantages of registration include:

increase in utility bills;
the need to pay an annual real estate tax, the amount of which depends on the cadastral value of the property.

The main advantage of registration is the ability to manage cooperative housing. If a person is only interested in accommodation and does not intend to enter into transactions regarding the apartment, then it is not necessary to register the property.

Advantages of cooperatives

What are the advantages of cooperative financing for home purchases?

Firstly, a cooperative apartment is significantly cheaper than an apartment purchased with credit funds.

Secondly, the cooperative has a differentiated approach to the return of its funds. Considering that a significant part of our fellow citizens are constantly at risk of losing their stable income, this is the optimal model for paying for a purchased apartment.

Thirdly, the housing complex, unlike the bank, is interested in being paid as quickly as possible, therefore it does not put obstacles in the way of early return of funds.

Fourthly, the cooperative provides an optimal regime for owning an apartment. The residential property becomes the property of the cooperative (and the shareholder as a member of the cooperative) until the shareholder has fully settled with the cooperative. At the same time, the cooperative in a number of regions is exempt from paying property tax.

Only the shareholder and his family members have the right to register in the apartment purchased at his request; he receives the apartment for temporary use free of charge. Since the apartment is purchased by the cooperative exclusively for transfer into ownership of a specific shareholder, it is not accepted by it for accounting as part of fixed assets. In accordance with the provisions of housing and civil legislation, a member of a housing cooperative who has fully paid his share contribution for an apartment acquires ownership of it - by law, and not by the will of the cooperative.

Fifthly, the apartment cannot be foreclosed on in the event of a citizen’s insolvency. In case of insolvency, he can leave the cooperative, receive back the invested share funds, and the cooperative will sell the apartment and thereby compensate for the loss of share funds.

How to register cooperative housing

Having paid the share, the citizen does not become the owner of the cooperative apartment. Property rights arise as a result of registration of an object in Rosreestr. The procedure is of a declarative nature. You need to prepare documents and contact the regional office of the registration authority.

Before registering property as a property, a citizen must do the following:

Pay the share contribution in full. If there are delays, the shareholder may be expelled from the HOA on the basis of clause 3, article 130 of the Housing Code of the Russian Federation.
Determine the time of making the last payment. This is necessary to affix a stamp on the document indicating payment of the share.
Collect documents for registration.

Procedure

The registration process of cooperative apartments occurs in accordance with the norms of civil and housing legislation. The shareholder will need to complete the following steps:

Wait for the facility to be put into operation.
Prepare cadastral documentation for the property.
Pay the share contribution in full, having received the appropriate certificate.
Prepare documents for registration of ownership of a cooperative apartment.
Visit the Rosreestr branch and submit the collected papers.
Receive an extract from the Unified State Register of Real Estate confirming ownership of the property.

The main difference between the registration of a cooperative apartment and the privatization of municipal housing is the lack of contact with the administration. Accordingly, the procedure time is reduced.

Obtaining a certificate of payment of the share

This document is issued by the housing cooperative board. To request a certificate, a citizen must contact the secretary or chairman of the cooperative.

Having received the document, it must be endorsed by one of the following government agencies:

if the share was paid out after 1997, contact Rosreestr;
if the payment occurred before 1997, then you should contact the BTI.

There is one share for each apartment. This is stated in paragraph 1 of Article 112 of the Housing Code of the Russian Federation. Sometimes several shareholders pay out one share. This happens if several people live in a cooperative apartment. Then, as a result of registration, they all become co-owners of the property. The sizes of shares are distributed in proportion to the amounts of payments.

What documents are required

To register ownership of a cooperative apartment, the shareholder needs to collect the following papers:

identity cards of the applicant and his family members;
move-in warrant;
certificate of redemption of the share with the stamp of the registration authority;
identification code;
technical passport for the facility;
document confirming membership in the cooperative;
receipt of payment of state duty;
a copy of an extract from the home book;
marriage certificate (if the object is registered by spouses);
children's birth certificate.

If the cooperative real estate was inherited by the applicant, then a notarial certificate and a will (if available) must be attached to the above papers. Additional documents also include the minutes of the meeting, the charter of the cooperative, and the technical passport of the building.

Deadlines

You can submit papers either in person to Rosreestr or through the MFC branch. If there are no queues, the entire procedure takes no more than 10 minutes.

The process of preparing an extract from the USRN takes 1-2 weeks. This time is required to check the documents received from the applicant, make changes to the register and issue the extract itself.

Taxes

When registering real estate with Rosreestr, the applicant must pay a state fee. Its size is fixed and amounts to 2000 rubles. You can deposit funds at the cash desk of any bank or using Internet banking.

The applicant will incur additional costs if it is necessary to produce a registration certificate for the apartment. This service costs between 1-3 thousand rubles.

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.

Reasons for refusal

When planning to register an object in his own name, the shareholder may receive a refusal. This is possible even if the citizen is a member of the housing cooperative and has paid the share in full.

Most often, refusals to register property rights occur for the following reasons:

an incomplete list of documents was provided;
one of the papers turned out to be fake;
the building was erected illegally;
the applicant does not have the right to register an apartment (often found when issuing a power of attorney for a representative);
The housing cooperative turned out to be fictitious.

The refusal is made in writing, indicating the reasons for such a decision. If the applicant believes that he was refused illegally, he can send a complaint to a higher-ranking employee. If the request is rejected, the shareholder has the right to go to court.

Problems of registration of cooperative property

Quite often, the right of a cooperative member to paid living space is violated due to untimely state registration. Despite the fact that the documents submitted for registration confirm the fact of the emergence of ownership rights, the owner is limited in the right to dispose of the property. In addition, he cannot receive a property tax deduction in accordance with Article 220 of the Tax Code of the Russian Federation, although the share contribution has been paid in full, since he does not have a document on hand confirming the registration of the right to the apartment he built on shares. In such a case, you will have to go to court with a claim to recognize the legal ownership of the housing cooperative fund on the basis of full payment of the share contribution and repayment of its value. If a cooperative apartment was registered with the Bureau of Technical Inventory many years ago, it is not necessary to undergo re-registration in the Unified State Register of Rights to Real Estate. If necessary, a previously arisen right, in accordance with the law, will be registered in the Unified State Register and transferred to the acquirer through a sale or other transaction.

Nuances of registration of cooperative housing

When submitting documents for registration of a cooperative apartment, a citizen must take into account the following points:

Only the shareholder can register ownership of the property.
Housing is automatically transferred to the category of matrimonial property if the citizen was married at the time of payment of contributions.
The shareholder and his wife are the only persons claiming a share in the cooperative apartment. Close relatives living with them will not be considered owners of the living space as a result of registration.

Upon completion of registration activities, the shareholder receives an extract from the Unified State Register of Real Estate. Now he can dispose of the object at his own discretion.