Privatization of a cooperative apartment in Kyiv

The vast majority of housing and building cooperatives are a relic of the Soviet past. Cooperatives were created back in the 80s of the last century. That is why the privatization of a cooperative apartment in Kyiv is a very urgent issue. This is one of the areas of activity of our specialists – lawyers Prykhodko and Partners.

Legislative framework of the issue

The Law of Ukraine “On Cooperation” clearly specifies the meaning of the term “cooperative”. Note that a cooperative is a legal entity created by legal entities/individuals to ensure the conduct of joint activities. The purpose of creating cooperatives is to realize one’s own needs (social, economic and other). That is why there are certain nuances that apply to the privatization of a cooperative apartment.

Let’s start with the fact that from the very beginning of its creation, a cooperative apartment is the private property of the cooperative. After the cooperative member’s contribution (i.e., share) is fully paid, the apartment acquires a new status – the private property of an individual. Important: outbuildings and outbuildings will continue to be considered the property of the cooperative community.

In addition to paying the corresponding contribution, it will be necessary to go through the entire privatization procedure. Today, it is necessary to register the ownership of real estate. Without going through this procedure, it will not be possible to fully realize the right of ownership of the apartment (that is, make a donation, sale, inheritance, etc.). That is why all owners of cooperative apartments should think about going through the procedure of registration and registration of property rights.

Who has the right to privatize a cooperative apartment?

Current Ukrainian legislation regulates this issue as follows: all members of the tenant’s family have the right to privatization of state property. The main condition is that they must be registered or permanently live in the apartment. As for the cooperative apartment, only the member of the cooperative can count on the right of ownership after paying the share. If an individual who is a member of the cooperative is in an official marriage at the time of privatization of the apartment, the real estate object will be considered joint property of the husband and wife. As for the rights of the spouse’s children, they are protected only by the right to live in a privatized apartment. In addition, a cooperative member can transfer his share to another family member (this must be provided for in the charter of this cooperative).

Stages of the procedure of privatization of a cooperative apartment

The traditional procedure for the privatization of a cooperative apartment involves the following stages:

1. Obtaining a warrant or extract from the decision of the local administration. These documents must confirm the fact of moving into the residential premises.
2. Issuance of a certificate from the chairman of the cooperative about the person’s membership in it and confirmation of the full payment of the share.
3. Production of a technical passport (for this, you need to contact BTI representatives).
4. Notarized power of attorney (in cases where the privatization procedure is not carried out by the owner of the movable object).
5. Obtaining a Certificate of Ownership.
6. Registration of the ownership right to an apartment in the State Register.

These stages will take several months. The result is that the owner receives the following documents: Certificate of ownership, Extract of registration of ownership, technical passport.

Assistance of professional lawyers in the privatization of a cooperative apartment

It is difficult enough to go through all the stages of privatization of a cooperative apartment on your own. It is better to use the services of professional lawyers. The specialists of Prykhodko and Partners have the necessary practical knowledge for the high-quality and most efficient privatization of a cooperative apartment.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of lawyers for the privatization of a cooperative apartment in Kyiv, fill out the form below.