Privatization of a cooperative apartment, how to privatize a cooperative apartment

Cooperative housing – a concept that emergedin the second half of the 1980sIn the years of the last century.

At that time, this type of real estate enabled citizens to have their own square metres as soon as possible.

However, it is now necessaryreview of the status of cooperative apartmentsCo-operative apartment: Do you need privatization? Let's figure it out together.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- use the form of an online consultant on the right or call on the phone at +7 (499) 577-04-19. It's quick and free!

Hide Content

Find out on our website where to find out if the dwelling has been privatized, whether there is a need to privatize the dwelling on all the applications, and how to privatize the apartment with public payments debts.

Determination of housing status

• Cooperative real estate in the Soviet period was built with the help ofCashier ' s contributionswhich gradually contributed to its construction.
• People who want to build housingby its own meansWithout waiting for the state to make an apartment available, they became members of the Housing Cooperatives – building cooperatives – and invested in real estate.
• The construction of the apartment building was under wayfrom the cashier ' s fundsThat's what's called a co-operative apartment.

The JSC was an organization with relevant constituent documents and economic activity, and the building house was the property of the organization.

Up to full repayment of the living quarterswas the property of the JSC.Once the full amount had been paid, the right of ownership of the specific premises belonging to the cooperative house had been secured.

1. OwnerHousingwas exclusively a member of the cooperativethat is, the citizen on whose behalf payments to the construction fund have been made.
2. In this regard, the cooperative house –It's not public housing., since the rights to it belong to a group of shareholders, or to a partnership of owners.
3. You can learn from our articles about how to start privatization, how to privatize an apartment, if a warrant is lost, and how to restore a contract of transfer to real estate.

What's the necessity?

Is it necessary to privatize a cooperative apartment? Since cooperative housing is not a municipal property to talk about the privatization process against itwrong..

The privatization is the transfer of State real property to citizens ' property, and the process is under way.exclusion from local governments.

The very notion of "free privatization" runs counter to the status of a cooperative apartment.He built a house for his own money..

A cooperative apartment is part of a house owned by a group of citizens belonging to the JSC. A member of the partnership who has paid the full amount of the contribution for his or her apartment is already the owner of square metres, on an equal basis with other members of the cooperative.

After the entry into force of the Russian Federation ' s 2004 LKS, the association must be transformed into the LKS. In the process of such conversion, the certificate for the apartment issued by the former JSC,becomes null and voidand citizens must receive another document confirming their rights.

Thus, the process of registration of housing rights cannot be called "privatization", as this is another legal procedure.

Member of the former cooperativeshould be in the process of public registrationThe right to a dwelling, to submit information to the EGRP and to become its full owner.

A particular feature of a cooperative apartment is:A sole right to own itThe owner is the only citizen who was a member of the cooperative and paid the rations.

The exception is:joint property of spousesIf, at the time of payment, the member of the cooperative was legally married, the spouse has the right to own half of the apartment.

Read on our website about who is entitled to reprioritization, how to deprivatize the apartment, and on what grounds the privatization of the apartment can be refused.

Procedures for processing

The manner in which privatization is carried outThe cooperative dwelling has two options:

1. If the pai is paid before 1997, the proof of rights isBTI certificate,And you can get a certificate of ownership on the basis of it.
2. In the case of payment of the full amount after 1997, when the State Registration of Real Property Rights Act entered into force..., the procedure shall be conducted with the participation of:of the Rostreestra organsIt's a place of residence.

The owner of the dwelling should write an application for registration of rights and attach the following package of documents:

• The certificate of payment of the contribution;
• A warrant for the apartment;
• List of members of the JSC;
• A copy of the Statute of the JSC;
• An extract from the minutes of the proceedings concerning the admission of the owner to a cooperative;
• A certificate of the value of the dwelling;
• Land documents;
• Travel of the dwelling;
• The object ' s cadastral passport;
• A copy of the civil passport and the INS;
• A receipt for the public service.

The documents are submitted in the form of originals and attached copies.30 daysso the whole package needs to be assembled quickly.

If any of your JSC membersI've already processed the property documents.in Rosreestre has all the organization's papers, and you'll need to give the file number in which they are located (for information, please contact the chairman).

After checking all the papers by Rosreister's staff, a certificate for the apartment is issued.full ownerA former cooperative apartment and can make any dealings with it.

An application and a package can be submitted through the IFC or the State Services Portal.electronic signatureInformation on property rights is provided to the EGRP.

Time and price of question

• According to the Act, the examination of documents is conducted by Rostreestra staff within two weeks, and in some cases the procedure may be delayed by 30 days.
• Secretary of StateThe cost of processing is 1,000 rubles.
• There's a possibility of making an application.Because of the incomplete package of documents submitted, and if the person applying for registration does not have rights to the real estate in question.
• If a member of the JSC is unable to apply for registration of rights independently, a notarized power of attorney may be issued.
• You can learn from our article about whether it is beneficial to privatize an apartment through a real estate agent.

Is it possible not to register?

Should a cooperative apartment be privatized? The law does not require a member of the former JSC to issue a certificate of ownership of a cooperative dwelling.Boi payment certificate, warrantand the existence of some of the records of the JSC are proof of the right to a dwelling.

1. However, documents issued by the JSChave no legal effectand it is not possible to make transactions for the removal of housing.
2. So if you decide to sell, give or bequeath an apartment, you'll still have to register your rights to it properly.
3. In addition, there may be unpleasant moments in some situations.
4. If a member of the cooperative has paid the price,for inheritanceAfter his death, the certificate of payment and the warrant will be used as documents.

The case is more complex in the case of incomplete payment of the contribution.Incomplete paymentIt means that the apartment is owned by the JSC, and the heirs have the right to return only the portion of the money paid, in which case there may be a will on the board.

If the heirs lived together with the farmer and were registered in the apartment, theyhave the right to join a co-operative in the first place..

The right to rations is transferred to a family member, most often included in the JSC ' s Constitution. The only limitation is thata family member must be of age.

The acquisition of cooperative housing is much easier than the privatization of municipal housing.is already the owner of real estate,and only to obtain the relevant document.

If you're living in a cooperative apartment and you don't have a certificate, it's better to get things right, so you don't have any problems.

You didn't find the answer to your question?How to solve your problem, call me right now:

+7 (499) 577-04-19 (Moscow)

It's quick and free!

Is privatization of the cooperative apartment compulsory?

In order to determine whether a cooperative apartment needs to be privatized, the very notion of privatization should be addressed.

Privatization is referred to as the form of the transition of public housing to a private person, meaning that the privatization process involves the removal of the municipal housing area owned by the housing stock from the citizen ' s side.

It is worth noting that cooperative apartments are not State (municipal) property.
It is further important to know what is co-operative property.

A housing or building cooperative (HSC) is established on the basis of a voluntary decision by natural and/or legal persons interested in the accommodation on the basis of membership, and the co-operative housing is transferred to a member of the JSC upon full payment of the contribution.

In this case, the home territory and any economic facilities shall remain in the possession of the JSC and the participant who has paid his or her rations shall receive a certificate of ownership in the JSC, which shall have nothing to do with privatization.

At present, under the legislation of the Russian Federation, associations of this kind, whose members have made mutual contributions, must be transformed; the cooperative form of ownership becomes a partnership of the owners of the dwelling; every ZSC that will not be reorganized will be eliminated by the courts.

How do you get a place to own it?

In response to the question raised at the beginning of the article, it is clear that no is necessary.

However, the citizen must be required to make the property available on the premises.

Who owns the cooperative apartment?

Further clarifying whether a cooperative apartment needs to be privatized, some important nuances also need to be clarified; there is a mistaken view that the owners of a cooperative apartment should be considered as all the persons living in it, but this is not the case.

Privatization of residential property

In the privatization of State-owned housing properties, the right to privatization is in fact enjoyed by all citizens who live there and are family members for the employer, provided that they do live there and have a sign at that address.

In the case of a housing cooperative, unlike the privatization of a public flat, the opposite is true: only one citizen who is a member of the cooperative passes the right to an apartment.The rest of the citizens can only live in it.

For example, if a member of the JSC was legally married when paying the contribution, the dwelling would be considered as the common property of the spouses, and if the divorce results in the division of property, the spouse who is not a member of the cooperative may claim his or her share of the dwelling.

One of the spouses may obtain the right to some of the real estate either by mutual consent of the parties or he must apply to the court.

♪ and it's written in the JSC Constitution ♪

Top

How to formalize ownership of a cooperative apartment: details

According to Domik.ua, in order to establish ownership of a cooperative apartment, the premises must be privatized; under the law, ownership of real property arises only when it is entered into a public register; without such a procedure, you cannot sell real estate or give it, nor can you have it registered as an inheritance.

This legal rule has been in force since 2010 and some Ukrainians have owned cooperative apartments received since the 1980s and 1990s, and have not yet acquired them, and the owners of cooperative housing believe that there is enough pay for the cooperative.

• Very often, the owners of cooperative apartments learn about the need to register only when they try to sell their property and, after having been refused by a notary, to make a deal.
• Real property registration: how the procedure has been simplified
• How to register ownership
• In order to register ownership, the following package of documents must be prepared:

• A co-operative agreement or certificate of membership in a co-operative;
• Transport;
• The certificate of acceptance/transfer of the dwelling;
• Documents that certify the identity of the owner;
• Taxpayer ' s personal code;
• A written certificate from the cooperative for the full payment of the blow.

The co-operative must provide a certificate indicating the date on which the owner of the drinking is admitted to the cooperative and the regularity of the payment of contributions, certified by the signature of the chairman of the co-operative and the stamp.

The Registry also has the right to request additional documents for a number of reasons, namely:

• The co-operative did not hand over to the registration office a full package of documents after the house was put into operation;
• The ownership of apartments is registered by the cooperatives themselves.

In this case, a man ' s contract is concluded between a member of a co-operative and the co-operative itself; according to the terms of the agreement, the rations are changed to an apartment, and only then may the right of ownership of the dwelling be registered as a member of the co-operative.

The registration package includes:

• The issuance of a certificate from the housing and construction cooperative;
• Presentation of the taxpayers ' code;
• Presentation of the owner ' s passport;
• :: Identification and presentation of travel documents for the apartment.

1. If there is no transport service, you should contact the BTI.
2. Which housing can be privatized in Ukraine
3. 
4. Registration process

The centre for the provision of administrative services is responsible for the registration of the owners of apartments, and the notary may also be contacted. Since 2013, there has been no provision requiring the submission of an inventory document more than a year before registration; nor does the notary have the right to request that the document be rewritten.

Another necessary step for the registration of co-operative housing is the payment of mutual contributions, only if the full contribution is received by the co-operative, the owner has the right to transfer the housing to personal ownership.

Cash contributions are not sufficient for final ownership of the dwelling; in any case, ownership must be registered.

How to privatize a cooperative apartment

In order to be able to dispose of your own housing, whether it was owned by a cooperative or by the State, you need to go through the privatization process. The right to own a dwelling arises only from the moment it is registered by the State. If this procedure is not carried out, you will not be able to use it at your own discretion: to sell, to inherit, to give to others.

Very often, cooperative owners learn of legislative innovations only after the notary has refused during the course of the sale of housing.

Commencement of the procedure for the issuance of property rights

• In order to go through the registration of your right to own your property, you will need to prepare the following list of documents:
• The certificate must specify the date on which you were admitted to the cooperative, as well as the date on which you paid your contributions, the painting of the cooperative chairman and the corresponding stamp.
• If you rewrite the certificate, it is necessary to state that a duplicate is issued, otherwise there may be questions and concerns regarding the clarification of property rights.

The owners should also be prepared to request a more extended package of documents from the registration authority.

This is due to the fact that the co-operative may not have submitted to the public registration authority a complete list of documents at the time of entry into the house, and that there may also be subtleties in the processing of property rights directly under the co-operative.

Thus, a co-operative may use a scheme where legal ownership of all apartments is registered under a co-operative.

In such situations, there is a need for men to enter into contractual arrangements between cooperative members and the cooperative; under the terms of the agreement, the rations are changed to an apartment, and only then may legal property for housing be registered to a member of the cooperative.

Collection of documents

The process of collecting documents for the registration of property rights is as follows: first, you need to visit the housing and construction cooperative to issue a certificate, then take an INS, a passport, and go to the technical inventory office to process your apartment's technical passport.

The technical passport may be issued by applying to the BTI, paying the price according to the tariff established at the time of the application.

Next, you must contact a specialized centre that provides administrative services or a notary with a list of all the documents in order to register the property of the cooperative apartment.

It should be noted, however, that the statute of limitations requirement was lifted in 2013 (the document had to be issued no later than a year ago).

The notary registering the procedure could only recommend updating the documents, but could not insist.

The registration of the legal property of an apartment from a cooperative is possible only after the payment of the full unit, until such time as the apartment is owned by the cooperative and is not transferred to private property.

Once contributions have been made, the co-operative ' s apartment cannot be automatically appropriated as property.

Legal property must be registered and it is only after the procedure that the owner can dispose of the dwelling at his discretion.

Also, let us note that only a member of the cooperative is the owner of the apartment, and that members of his family are not, and even if they live in the dwelling in question, they cannot exercise their right of ownership.

The processing procedure can be much easier and easier for you to understand if you first contact a specialist who deals with such matters in the industry, who can be well advised and/or assisted by an accompanying service, and you can rest assured that the process has been completed in accordance with the legislation in force.

How to privatize a cooperative apartment?

Some of the owners of cooperative apartments are not interested in privatization, believing that they already own property, but this is not always true: many of the owners of cooperative apartments still have no title to property.

Cooperative apartment – what is it?

The concept of cooperative housing began in the 1980s, and for the Soviet citizens of the ZSC (housing and building cooperative), it was the only way to obtain an apartment, not from the state after long waiting, but to build it on its own.

Picture: Eugenia Remizova

There were no billionaires in Soviet times, neither were there private banks, nor did the government lend, so the only way to buy real estate was through mutual contributions, gradually contributing money.

The payment process began even before the foundation of the house was laid and lasted for years, and after drinking, he became the owner of the house, which was owned by a group of citizens, who were already living in his apartment, and he continued to pay the debt.

The process could take 20 years or more, as it is now with the purchase of mortgage housing.

It was long, but not scary, because salaries in the USSR were stable, working in one job for years, the risk of losing a job in the USSR was virtually non-existent, the wage differentials in one professional category were small, and a person with 300 Soviet rubles could decide to build a co-operative.

Not to privatize, but to formalize ownership

Let's go back to the question of whether you need to privatize a cooperative apartment, let's say that you and your parents live in a cooperative that Grandma once built, and that's when Grandma is the only owner of an apartment, but if she hasn't written her property over the years, it's time to do it.

In general, it is wrong to talk about the privatization of a cooperative apartment; privatization is the transformation of public property into a private one, but a cooperative apartment is not a public one, because the rights to it belong to a group of people or a partnership of owners.

And he became the owner.Co-operative onlyHis children, grandchildren and other relatives living in this apartment were not entitled to it.

The fact that a member of a co-operative is paid out does not in itself make him the owner; housing becomes the property once it is registered in the state register; then the apartment can be donated, sold, bequeathed, etc. It must be said that the inheritance of a co-operative apartment that is not registered as the property is not easy, especially if the food is not paid in full.

Whether the right to inherit such an apartment will depend on many factors, including whether the heir is registered in the apartment, the charter of the JSC and the goodwill of the members of its board; therefore, if the rations are not paid in full and the member of the cooperative wants to make a will, it is better to make a bequest than the apartment, but rather to make a bequest.

If you're paying for a co-operative apartment, you need to sign off on your property rights.

What's important about the ownership of a cooperative apartment?

1. The fact of the payment of the drink.
2. When it happened, before or after 1997.

Why 1997?

The Federal Act on State Registration of Real Property Rights and Transactions of 21 July 1997 N 122-FZ came into force in 1997.up to 1997You're gonna need it.BTI certificate.It is on the basis of this certificate that ownership can be registered.

If the pi was paidsince 1997,the procedure shall be carried out throughRosreister.The owner of the dwelling must write an application for registration of ownership and attach the documents listed on Rossestra's website.

Alice Orlova

How to privatize a cooperative apartment

In order to manage an apartment, whether it was a state-owned or a cooperative one, it must be privatized, since ownership of real property arises only from the moment of its compulsory State registration, without which it cannot be sold, gifted, inherited.

Read also: How to make a grant in a loaned apartment

But, although this rule has been in operation since 2010, so far many Ukrainians, especially the owners of cooperative apartments received in the 1980s and 1990s, have not registered their rights, believing that by paying for the co-operative, they automatically became full owners.

The owners of cooperatives often find out about new legislation only when notaries refuse to sell real estate, and as the BTI Consulting said, up to 10 people applied to their firm on this issue last year alone.

The case concerns the registration of ownership of cooperative apartments in the 1990s, and the owners did not apply to the BTI, did not register ownership, and are now unable to do anything about this property," noted BTI lawyer Consulting Jana Lysenko.

Read also: In Kiev, sales of elite real estate increased.

How many owners of cooperative apartments in Ukraine have failed to complete the process of establishing property rights — there is no exact figure due to the lack of a single base, and the lack of statistics is not the only problem.

We had a client who paid for the construction in a scheme similar to the cooperatives, and even received a certificate of payment, left the country for a while.

When he returned, he found out that he had no property rights and that the apartment had already been sold.

When the apartment is owned by the cooperative, the dishonest leader can easily pull any tricks, " said the managing partner of the Suprema Lex legal association, lawyer Victor Moroz.

• Where to start
• The registration of ownership rights requires:
• Read also: How Ukrainians will pay a real estate tax in 2017

• A co-operative agreement or certificate of membership in a co-operative;
• Transport;
• The certificate of acceptance/transfer of the dwelling;
• Personal identity documents;
• Identification code,
• Co-operative ' s full payment certificate.

The certificate of the co-operative must include the dates of admission of the owner to the co-operative, payment of contributions, signature of the chairman of the co-operative and printing.

As our practice has shown, cooperative presidents often make inquiries in a free form, missing a portion of the data, and the registrars return the applications. A person is wasting time or perhaps money paid for registration activities.

Read also: How many years do you have to save for an apartment in different cities around the world?

If the certificate from the JSC is rewritten, it must be stated that it is a duplicate; otherwise, there will also be problems in determining ownership rights.

If the right to a co-operative was registered with the BTI in the 1990s on the basis of an old certificate, but the document has been lost, the new certificate will have a different date and number. And the notary/adminal service centre will refuse to write the data on the BTI apartment because of the lack of data. You have to go back to the co-operative's owner again, Liesenko added.

It is also necessary to be prepared that the registrar may require an expanded list of documents; first, the co-operative may not have provided the registrar with a complete list of documents once the house has been put into operation.

As noted in the JCC de jure JSC, cooperatives can apply a scheme whereby ownership of apartments is registered with cooperatives.

Read also: How Ukrainian developers save square metres

In this case, a man ' s contract is concluded between a member of a co-operative and the co-operative itself; according to his terms, the rations change into an apartment, and only then can the property rights of a member of a co-operative be registered," warned JCC lawyer De jure Ivan Axor.

The following is the list of actions for the collection of documents for registration: first, you have to apply to the housing and building cooperative, then to the bags of these papers, the identification code and the passport to go to the BTI for inventory and registration of the transport document (if it is not available).

It can be processed in the state BTI, where the cost is 400 hryvnias or 800 hryvnias under the accelerated procedure. In the private BTI, this service will cost 1,000 hryvnias.

For 3,000 hryvnias, you can order a full process follow-up from the private sector.

This will avoid delays due to incorrect documentation or lack of necessary data.

Read also: What the Ukrainian Real Estate Market will offer in 2017

The last step is a full package of documents, and a person can apply for registration of ownership of a cooperative apartment to the Administrative Services Centre (the cost of registration is Hrv 160) or to any notary (the cost is 400 hryvnias).

The time frame for the issuance of inventory documents (Techpasport) that have been issued for a long time may still be questioned in the registration process.

And the notary who carries out the registration can only recommend, not require, the rewriting of the document.

This is now the responsibility of the owner of the apartment, but often people don't know how to change legislation, and they don't know enough about old traffic. They go and pay the money, and you can just change the notary, Ian Liesenko suggested.

Cooperative nuances

Read also: This is the average cost of apartments in the new buildings of Kiev.

It is not possible to register ownership of a co-operative apartment until the full amount of the contributions has been paid, until such time it cannot be transferred to a private property; it is owned by a co-operative.

At the time of payment, a member of the cooperative may be allowed to stay in the apartment until the full payment is made, as Ivan Axor added.

Once the last contribution is paid, the cooperative apartment does not automatically transfer to private property; ownership must be registered; only then will the owner be able to dispose of the dwelling at his discretion.

Read also: Remodelling can now be done without permission.

It is worth noting that only a member of the cooperative acquires the right of ownership of the dwelling upon payment of the drink; his family members, even when living in the apartment, cannot claim ownership, as in the case of privatization; the exclusion of JLC's lawyer, De jure Ivan Topor, from marriage obligations.

1. If the apartment is the common property of the spouses and the mutual contributions were paid during the marriage, the second party (provided that it paid the contributions) may claim the right to the apartment and obtain it by agreement or through a court of law, explained the managing partner of the law firm Pravovest Gleb Segida.
2. Children have the right only to live in a cooperative apartment.
3. If the recruiter dies without registering ownership of the apartment, the registration procedure becomes more complicated.
4. Read also: In Kiev, fraudsters began to distribute apartments in new buildings.
5. First, through a court of law, a person must inherit, since only the owner of an apartment or a power of attorney can legalize the property.

Without formal rights and power of attorney, the heirs must go to court, whether there is a will or not, because the notary is bound to need a document of ownership of the deceased person's property in order to register the property other than the will, otherwise registration cannot be carried out, Ian Liesenko explained.

What laws to read:

• The Civil Code of Ukraine (art. 334),
• The Cooperative Act (art. 4),
• Decree of the Council of Ministers of the USSR of 30 April 1985 No. 186 on the model statute of the Housing and Construction Cooperative,
• CMC Regulation No. 1127 of 25 December 2015 on State registration of property rights in real property and their encumbrances,

Read also: How Ukrainians buy apartments from collectors

Privatization of a cooperative apartment — Do you need documents in Moscow, 2023, Law

Individual citizens or legal entities associate with each other in cooperatives in order to be able to collectively enjoy the material benefits that are in their possession.

The right to collective property equal to that of all members of the community shall be paid for through the provision of appropriate drinking water.

Thus, the member of the association gradually buys his or her share.

When all the value has already been paid, most citizens believe that the next stage should be the privatization of the cooperative apartment.

Concepts

• The privatization procedure is a free transfer of ownership of public real property to citizens.
• But who owns a cooperative apartment, does privatization need to take place after drinking?
• Such facilities are not owned by the State.

They don't need to be privatized, they're already property.

Until they are fully paid, voluntary associations of citizens (cooperatives) that are legal entities and exist to meet housing needs (art. 110).

But a non-registered right to square metres prevents co-owners from carrying out any legally meaningful action with that property.

In other words, it is not possible to privatize a cooperative apartment because it does not belong to the State, but it is possible to own it, especially since the Russian Federation ' s housing and building co-operatives (Cap. 11-12) point to the need to transform them into other legal forms.

Video: "Who shouldn't rush privatization"

Legislation

Legislation regulating the legal aspects of the JSC includes:

The latter should not, however, contain provisions inconsistent with federal laws and the Russian Housing Code.

Who owns

Citizens wishing to become members of the JSC should take into account the need for mutual contributions and compliance with established rules of procedure.

Once the contributions made by the participants fully compensate for the cost of the dwelling, they become full owners of the dwelling (art. 218 of the Criminal Code of the Russian Federation).

But this rule does not apply to members of the family of a member of the JSC or to citizens simply living in an apartment, as is the case with normal hospitality.

There are also several points that need to be taken into account regarding ownership of cooperative housing:

• It is subject to civil rules relating to the common property of the spouses;
• If the division of property or the distribution of its shares by the courts is organized, each participant has the right to dispose of his or her part of the property if he or she so wishes;
• Until the final payment of the contribution, the ownership of the flat is retained by the cooperative, but each member of the association may use the property;
• If the owner of the pai wishes, he or she may waive his or her right of ownership, for example, in favour of a relative living in the apartment.

The Supreme Authority of the JSC is the full assembly of its members, each with one vote.

Family members and other tenants do not have a voice at this meeting.

Where to start the privatization of the cooperative apartment

Cooperative housing is not public or municipal, so it simply does not need to be privatized.

However, in the case of the HSC (which has been legally replaced by the HKV – housing owners' partnership), the facility is owned by a legal person and therefore cannot be obtained free of charge.

So we have to start with the payment of the drink, and then we have to start the registration of our property, because it's not automatically registered, even if all the conditions are met, and we have to do it on our own.

Without registration of ownership rights, there will be no sale, bequest or exchange.

Benefits

Contrary to all the difficulties involved in registering cooperative housing, it also has a number of undeniable advantages:

• Participation in the TWV is much cheaper than mortgage;
• You don't have to wait too long as you're part of the construction;
• A small package of documents is required for participation in the CMW and for the subsequent realization of rights.

As a result, the citizen becomes a full-fledged owner as soon as the necessary records are entered into the EGRN database (until 31 December 2023 – EGRP) and the relevant certificate is obtained.

Mode of action

As soon as full payment has been made, the member of the community will need to:

1. Upon a warrant or withdrawal from the decision of the Regional Administration, confirm that a residence has been established (not only originals but also copies are required).
2. To obtain a certificate from the Board confirming the full payment of the contribution.
3. Register the paper provided and certify the BTI seal (for cases where the blow payment was completed before 1997) or the Rosreestra office at the place where the house is to be registered (for reimbursement of the sum after 1997).
4. To issue a declaration to the REM on the implementation of State registration.
5. Collect all the necessary documentation and provide it to the authorized staff member of Rosreest, or to the IFC, together with the application.
6. Commence the State registration procedure.

These structures are recorded in person and by telephone as well as online through an official website.

Documents

In order to confirm the actual right of a citizen to a cooperative dwelling (art. 218, para. 4, of the Russian Civil Code) in Moscow or other Russian cities, it will be necessary to collect a package of necessary documents, including:

• A certificate provided by the cooperative board confirming full satisfaction of the drinking;
• An extract from the minutes of the CMW meeting indicating the membership of the citizen submitting the application;
• A similar statement indicating the transfer of the dwelling to the owner ' s property;
• An extract from an apartment book containing information on the number of registered citizens;
• An apartment transport document (with a complete description of the facility) and a cadastral passport;
• BTI certificate;
• Partner ' s passport (with a photocopy of the document);
• Marriage certificate (copy and original);
• Birth certificates for all children who are written in an apartment (for those over 14 years of age, a passport and a copy thereof);
• A receipt confirming the payment of the mistress.

If the applicant is replaced by his or her trustee, a notarized power of attorney, along with a passport of the trustee and a copy of the document, will have to be provided.

All the papers are provided to the Rostreestra office at the place where the cooperative property is located, although some of them may not be necessary if the cooperative house has already registered the apartments; this will have to be clarified in person by the staff of the institution concerned.

Do you have to take possession of the property?

According to article 129 of the Russian Housing Code, the participant who paid the full amount of the rent automatically becomes the owner of the dwelling.

It is not necessary to document ownership.

However, the lack of the necessary paper makes it impossible to deal with the real estate (including its disposal to others).

Some nuances

Because of the confusion that arises between the concepts of "registration of ownership of a cooperative apartment" and "privatization", some points need to be clarified:

• The right to property belongs to only one tenant who is a member of the partnership (except in situations where he was already married at the time of his entry into the VC, the apartment would then be owned by both spouses);
• If there is such an assumption in the co-operative ' s Statute, the recruiter may transfer his or her share to a family member (but only if the successor has already reached the age of 18);
• May be passed on by inheritance (the existence of a will is not necessary);
• Until the full payment is made, the owner of the dwelling requires that the majority of the members of the cooperative give their consent.

1. All of this needs to be taken into account by joining the SCW.
2. Note that privatization has been extended until 2023 (Rosreestra's official website confirms this information).
3. So those who really need to own public housing still have time.

Time and value

An application (and all the documents attached to it) takes 30 calendar days (in some cases it may be twice as long) after which the applicant obtains a certificate of ownership of the dwelling.

Any refusal to issue the paper must be supported by a written justification provided to the applicant.

• Usually, the reason for the return of the application is a lack of a complete package of documents, or an irregularity in the form.
• In terms of the cost of the procedure, the State party ' s share of the registration of ownership is 2023.1,000 rubleswhich is half the size of 2023.
• With all the other documents available, it'll be the only expense, but if it isn't, it's gonna cost a lot more:

• Landmark passport..........................................................................2-7000 rubles;
• Transport...............................................................1.5-2.5 thousand rubles;
• Notary-certified power of attorney -500 rubles.

It is therefore difficult to answer clearly the question of how much ownership of a cooperative apartment is worth.

Questions and answers

In Russia, citizens living in cooperative apartments are concerned about many questions about the legal plan and the answers to the most common ones are given below.

Who owns the property?

The right of ownership belongs only to the citizen who joined the partnership and paid the rations.

In some cases, it is transferred to the legal successor.

The rest of the persons registered in the dwelling only have access to it if the owner permits it.

The spouses shall pay the rations together, and thereafter the dwelling shall be owned by both of them in equal shares, unless the marriage contract is otherwise established, and the children may claim the cooperative dwelling from their drinking parents only in the form of an inheritance.

How to Get a Certificate for a Daughter

A member of a building cooperative cannot hand over his food to a minor child.

1. The only way to make children owners of an apartment is through a procedure of State registration of housing obtained from a partnership.
2. After that, the recruiter can dispose of the estate in favour of the offspring in any suitable way.
3. There is no need to pay a tax on the donation of housing to close relatives.

Is it possible not to register

Registration is not mandatory.

A member of the SCW retains the right to write in his or her family ' s apartment or to hand over his or her rations to one of them.

However, it will not be possible to sell or lease the premises.

Can you sell it without making it into property?

No, it is not possible to sell an apartment without a public registration procedure.

Only by obtaining a certificate of ownership will it be possible to issue a sales transaction.

Privatization of the garage

There may be garages similar to apartment cooperatives.

How do you sell a municipal apartment without privatization?

Can you re-participate in privatization? Read next.

Its regulations state that such an area can be purchased, but only after the ownership of the garage has been officially registered.

The main thing to say about being a member of cooperatives is that they don't need to privatize their homes. Once the money has been paid, all they have to do is register their ownership of the apartment. If you have all the documents, you can do so almost at no cost.