Garage privatization: where to start, privatization procedure

Conventionally, garage buildings are divided into 2 categories: in garage-building cooperatives (GSK) and unauthorized (illegal). You can legalize your rights in both cases; in this article we will consider the first of them in detail. Registration of a garage as property is necessary for those owners who actually own it, but have not gone through the standard privatization procedure.

According to Rosstat, there are currently 9 million citizens in the Russian Federation. The free privatization period expires on March 1, 2018, after which it becomes paid, but the property has still not been registered. It is a mistake to believe that 100% payment of your share in GSK means the completion of registration. In fact, the procedure is just beginning.

It is not recommended to refuse registration. If the actual owner does not register his right of ownership with Rosreestr, he cannot dispose of the garage in any way - sell, donate, bequeath. The issue will be especially complicated if the owner dies without having time to complete this process. In this case, the heirs will have to resolve the issue of land and garage.

Grounds and procedure for garage privatization

The basis for free privatization is the so-called law “on dacha amnesty”: Federal Law No. 334 of 07/03/2016. By Government Decree, the provisions of the law on the possibility of privatizing a garage and the land underneath it for free were extended until 03/01/2018.

The remaining provisions of this law remained unchanged. The fundamental document for registration of rights to the box and the plot under it: Federal Law No. 218 of July 13, 2015 “On state registration of real estate.”

Important: the law “on dacha amnesty” covers plots purchased before 2001. If the transfer deed is issued later, the land will have to be purchased from the municipality or rented.

GSK participants can unite, hold a general meeting, vote and assign registration actions to the chairman or other person. This option is convenient for everyone. However, this is not always possible. If the garage is an independent structure, then its owner can, without looking at others, carry out all the necessary actions.

However, when the boxes are combined into a common building where they have common walls, no one will be able to undergo privatization without the participation of the other owners. If one of the participants disagrees, the rest will definitely have to receive his officially issued refusal, without which it will not be possible to submit documents to Rosreestr.

There are 2 procedures to be completed:

Garage privatization.
Privatization of the land underneath.

A separate package of documents is generated for each object. They are submitted along with the application to Rosreestr. Registration is paid, so the state fee is paid twice.

approximate cost

It is difficult to name the exact amount of privatization, since it depends on many factors. In particular, it matters whether the privatization process is carried out on a paid or free basis. It is worth noting that this is the main factor that has a significant impact on the total cost.

Despite the fact that citizens whose property falls under the dacha amnesty law can engage in privatization free of charge, in the process of collecting documents they will have to pay for the services of specialists.

The final cost of garage privatization consists of the following components:

state duty - 2 thousand rubles (an additional 350 rubles will have to be paid for registering a land plot if its privatization is carried out at the same time);
drawing up a technical plan in BTI - 1,000 rubles;
notary services (for certification of a contract) - 500 rubles;
issuance of a cadastral passport - about 700 rubles.

Thus, you will have to pay at least 5,000 rubles for privatization of the garage. And this does not take into account additional expenses that may be needed, for example, to pay for the services of a realtor, drawing up a power of attorney and other tasks.

Note! All amounts indicated on the site are approximate.

Required documents and cost of registration

Packages for the site and the box itself are collected separately, but submitted to the registration authority at the same time. Without land privatization, even a registered garage will not have immunity from the actions of the administration - the land can be taken away, with all the ensuing consequences.

At the same time, the Municipality has the right to demolish even the entire GSK if its participants do not formalize their rights in accordance with the law.

Documents for registration of garage ownership:

Standard application form from the Rosreestr . It can be filled out on the government services website, at the MFC and at the local branch of Rosreestr. The application is filled out directly by a specialist from the institution, signed by the applicant and, together with other documents, submitted for registration. In addition, it can be sent by mail, registered mail with notification and a list of the attachments, having previously certified the signature by a notary.
A copy of the applicant's passport.
Technical plan.
The document establishing the right to own a garage.
Cadastral passport.
A document justifying the use of the area under the garage.
A power of attorney when the chairman of the State Committee of the State Committee or another authorized person acts on behalf of the applicant (notarized).
Certificate of full repayment of the share contribution, signed by the chief accountant of GSK.
Constituent documents of GSK.
A deed of sale or lease agreement executed between the district or city administration and GSK for the site where the garage is built.
The municipality's decision to approve the act of the state acceptance commission on putting the garage into operation (before 12/30/2004) or permission to put the garage into operation (after 12/30/2004)
To register a garage, you pay a state fee of 2,000 rubles, and the payment receipt is attached to the overall package.

Documents are accepted against a receipt, where they are all listed. If the submission occurs remotely, the receipt is sent by mail to the address specified in the application. Upon completion of registration, you must come with her to pick up those documents that will be returned.

The information provided by the applicant is verified within 7 days. If there are no errors, data about the owner of the garage is entered into the Unified State Register. An extract from the Unified State Register serves as confirmation for submission to all interested departments and authorities. Starting from 2021, it replaces previously issued certificates of registration of property rights.

If the completeness of the information provided is insufficient, the registration will be suspended. The applicant will receive a notification about this. After completing the package of documents, the procedure will continue.

Art. 26 Federal Law No. 218 of July 13, 2015 establishes various deadlines within which the applicant can eliminate detected violations/inconsistencies.

The duration of the period when missing documents can be submitted ranges from 1 to 3 months (will be indicated in the notice). If the error is not corrected within this time, the applicant will be refused registration (with an indication of the reason). This does not prevent you from submitting a new application again in the future.

List of documents

To privatize a garage, you will have to collect a certain package of documents. If one of the members of the cooperative has already been involved in privatization, you will need to prepare the following:

statement;
extract from the Unified State Register;
passport (in addition to the original, you will have to present a copy);
a certificate from the chairman of the State Joint Stock Company confirming that the applicant has fully repaid the share;
act of acceptance and delivery of the object to the owner from GSK;
certificate of membership in the cooperative.

You can download the garage privatization application here.

For those who are involved in privatization first, the list is supplemented with the following documents:

a certificate with data on the state registration of the cooperative (obtained from the chairman of the State Joint Stock Company);
cooperative charter;
certificate of registration of GSK with the Federal Tax Service;
list of cooperative members;
minutes of the meeting of GSK members;
technical plan (received from BTI);
cadastral passport (issued by the Cadastral Chamber);
a document confirming the transfer of land for the construction of garages.

You will also have to present a package of documents for registration with Rosreestr:

application for registration ;
passport;
deed of transfer of property;
receipt of payment of state duty.

In addition to Rosreestr, you can submit documents for registering property rights through the MFC.

If his representative acts on behalf of the applicant, a notarized power of attorney must be attached to the main list of documents.

What to do with the land

Registration of the land under the garage as property is a procedure that also takes place in Rosreestr. Since it is impossible, in most cases, to allocate shares from a common plot for a civil society building and assign them separate cadastral numbers, the plot becomes the common shared property of all participants.

Since only those GSKs that were created before 2001 can proceed directly to the registration procedure, the rest have to start with registering land with the municipality.

To do this, the following documents are submitted to the administration:

Documents for each participant (copies of passports).
Extracts from the Unified State Register for each box.
A land lease agreement or a resolution on the transfer of land for free use.
Cadastral passport of the plot.

Within 2 weeks, the administration examines the application and documents accompanying it, after which it makes a decision: accept or reject the application. If the decision is positive, a purchase and sale agreement for a plot of land into common shared ownership is drawn up. It is registered in Rosreestr.

To do this, submit the following documents:

Statement.
A copy of the purchase and sale agreement.
Passport of the applicant.
Power of attorney on behalf of the GSK participants addressed to the representative.

The state registration fee is 350 rubles for each participant in shared ownership. The result will be ready in 5 days.

The next step is to register ownership of the land plot under the garage, if possible. For this purpose, a share of the land under it is allocated and registered in the cadastral register.

Next, you need to contact Rosresetr with documents and register the changes.

This package includes:

Statement.
The applicant’s passport and power of attorney issued on behalf of the GSK participants.
Receipt for payment of state duty (350 rubles + 2000 rubles).
The document on the basis of which GSK received a site for development.
Cadastral passport of the newly created site.
Technical plan of the garage.

Registration period is 7 days. At this point, the procedure for registering a garage as a property is completely completed. The owner can dispose of it at his own discretion.

How to privatize a garage without documents

Only the presence of title documents can confirm the legality of the construction of the box, but what to do when such papers are missing? Mainly, owners of individual buildings in residential areas face this problem during privatization.

Order and procedure

To re-register ownership of a box for which there are no documents, you must:

Contact the district administration with an application to receive a copy of the decision according to which the land plot for the garage was provided.
Visit the BTI and order an examination, and then receive a technical plan there.
With the collected documents, visit Rosreestr, write an application for privatization, pay the state fee for issuing the certificate and submit everything for review.
On the appointed day, come to the Roregister for ready-made documents for the garage.

A copy of the resolution on the transfer of land for construction is a mandatory document. Its absence signals to the authorities that the garage was built illegally, which means you can expect the box to be demolished soon (at your expense) and penalties applied to you for unauthorized construction.

Statements

Applications for garage privatization without documents are filled out in the same way as with documents. The only difference is that in the text of the claim, as an additional argument in your favor, refer to the copy of the resolution received from the administration on the transfer of the land plot for a garage.

Required documents

An additional necessary document that appears when registering a garage without documents is a decree on the transfer of land for the garage. Therefore, please attach a copy of this resolution to the main package.

Costs and deadlines

You will not be required to pay any additional costs beyond those listed above, so the total cost of the procedure will remain the same.

As for the timing, it may take several additional days to obtain a resolution from the district administration. But one way or another, the procedure should not last more than 2 months.

Where to start registering a garage as your property if you are not a member of the GSK

Individual garages were built at different times on plots that were also designed differently. You should start with registering the land, and after that you can move on to registering the building.

Most often, land was transferred by act of a government authority or by inheritance. In this case, the document that provides the basis for the emergence of property rights is an act or certificate of the right to inheritance.

When the boundaries between the site under the GSK and the adjacent ones are not exactly known, it is necessary to start with land surveying. After this, it will be assigned an individual cadastral number, and ownership of it can be registered.

On leased land, we are talking about registering ownership of a building on a leased plot.

When the land is the property of the district or city administration, they begin with its purchase. A deed of sale or a lease are the grounds for registering property rights. The sale is usually carried out at the estimated value indicated in the cadastral passport.

After the land is registered as a property, the rights to the building are registered. If we are talking about a capital structure, then it will need to be issued a cadastral passport, technical plan and removal of self-building.

To do this, contact the local commission to suppress unauthorized development. Only after successfully completing all these preliminary procedures do they proceed to registering ownership of the garage itself.

When only the court can help

Registration of ownership of a garage through the court is necessary when we are talking about possible obstacles on the part of officials, or in the absence of necessary documents, such as a commissioning certificate. To go to court, you can use the claim form below.

Sample statement of claim for recognition of ownership of a garage in GSK

Important condition:

the land must have an appropriate land use category;
not belong to third parties;
the construction should not infringe on anyone’s rights.

Only under such conditions will the court meet the plaintiff halfway, who has taken steps to legalize his construction, but has not been successful.

The trial will help resolve not only the issue of self-development, but also overcome obstacles to the purchase of the plot under the garage in the property.

It happens that municipalities do not allow the purchase of plots, since it is more profitable for them to receive rent from tenants. Such unfounded refusals can be challenged.

The defendant in such a process is the local administration. The claim should be filed with the district court at the location of the disputed garage.

It is important to collect documents that confirm the circumstances under which construction was initiated, as well as the fact that the plaintiff took all measures to resolve the dispute without involving the court.

Is it possible to privatize a garage in GSK?

The simplest way is collective privatization. That is, when all members of the cooperative go through it at the same time. If other participants have already gone through this procedure or you decide to do it first, you can privatize the garage yourself. It's a little more complicated, but generally quite possible.

Most often, garages owned by GSK are interconnected and have a common foundation. Essentially, this is one building divided into boxes. Therefore, it is much easier to privatize a common building than a separate room in it. As for the privatization of the land under the garage, in this case it will have to be carried out simultaneously with all participants in the process. It will not be possible to select a separate area under a common foundation.

However, the GSK may also include detached garages that have their own access road, walls and foundations isolated from other buildings.

If the garage does not belong to the cooperative at all, that is, it was built independently, there are no documents for it. Privatization in this case becomes more complicated. However, if a citizen has been using it for more than 15 years, and has also invested money in its construction and repair, he will be able to prove his right to privatization in court. But at the same time, he will have to present the relevant receipts and receipts as proof of expenses. Otherwise, the legal proceedings may not end well for the applicant. Thus, he faces administrative liability for the illegal operation of a property over a long period of time.

Challenging the privatization of a garage in marriage

According to Art. 34 of the RF IC, jointly acquired property of spouses in the absence of a marriage contract belongs to them in equal shares. Upon divorce, everyone will receive 1/2 of the garage if the privatization was carried out as expected. This will be the case if both spouses participated in privatization; otherwise, options are possible.

According to Art. 218 of the Civil Code of the Russian Federation, a GSK participant who has paid 100% of his share has the right to register ownership in his name. Since the share was paid for by the spouses from the joint budget during the years of marriage, then both have the right to it equally. However, in fact, the one who carried out the privatization is the owner.

A spouse who did not participate in privatization can challenge it in court, demanding recognition of his right to half of the garage.

In support of claims, it is necessary to refer to Part 4 of Art. 218 of the Civil Code of the Russian Federation, as well as payment documents proving the fact of joint payment of share contributions. A positive court decision is the basis for making an entry in Rosreestr about the new co-owner.

Ground under the garage

Naturally, if there is a permanent garage on the GSK site, the land under it should also be leased or privatized. Often such plots are municipally owned and are used by garage owners on a lease basis. However, it can be privatized, which means it can be bought out, but only as a shareholder. Moreover, all members of the cooperative need to apply for privatization at once. The price of each individual plot cannot be higher than the cadastral value. The processing time for the relevant application does not exceed 1 month. Documents to be submitted:

Application signed by all members of the cooperative.
Copies of passports, owners in GSK. They need to be certified.
Copies of certificates of ownership of all members of the cooperative. The document also requires certification.
A copy of documents on the allocation of land to the GSK.

If a decision is received in favor of the applicants, then a land purchase and sale transaction should be drawn up, which must be prepared by the municipality. After signing it, you can register not only the garage, but also the adjacent land plot.

Important! Although cooperative members have a preferential right to register a plot of land as shared ownership under the GSK, local authorities may not want this. In such a situation, the process of land privatization may take a very long time.

Additional Information

It is possible that the GSK was formed during the construction of the complex and then ceased to exist. In other words, at the moment there is no registration in the Unified State Register of Legal Entities of an association that was once created and then disbanded. And in this case, garage owners must register both buildings and land.

A cooperative that has ceased to exist cannot be restored. However, you can create a new one. The main thing in this matter is the desire to achieve a positive solution to the issue from all participants. It is impossible to solve such a problem alone.

If GSK is not registered or does not operate

Garage owners must schedule a general meeting for a specific date and time. Notify everyone in writing about the upcoming event. Hold a meeting and make a decision on the creation of a new garage and construction cooperative. From this moment the procedure for creating a legal entity begins.

The stages of registration of GSK are as follows:

Writing the GSK charter.
Formation of a package of documents for registration with the Federal Tax Service of the Russian Federation.
Opening a bank account for settlement and cash services.
Registration of GSK in the Unified State Register of Legal Entities.

When a legal entity is created, they move on to assigning land rights to the cooperative. The land committee of the local administration deals with such issues.

The right can be secured through a lease agreement (usually indefinite), registered in Rosreestr (Article 609 of the Civil Code of the Russian Federation), or through a buyout. Next, the standard procedure for registering the property rights of GSK participants is carried out.

Preparation details via GSK

The decision on exactly how the registration of rights to the land plot for the civil society will take place is made at a general meeting of participants. Voting is taking place. When a quorum is reached, the decision is implemented.

There are two options:

Joint purchase of land from the municipality by all participants into common ownership.
Signing of a lease agreement between the municipality and GSK represented by its chairman.

The decision made is documented in a protocol signed by the chairman and secretary. The participants themselves write a general statement, which everyone signs, in which they ask the municipal administration to lease or purchase the land.

The application and protocol are attached to the package of documents that is submitted to the district or city administration for concluding an agreement.

Cases of unauthorized construction

Cases when construction was carried out on lands that had a different purpose are not so rare. This is an unauthorized construction (Article 222 of the Civil Code of the Russian Federation). It also recognizes a garage built on someone else's land.

There are two solutions:

Submit an application to the commission for the detection and demolition of illegal buildings. Ask to save the garage.
Recognize ownership of the garage through the court.

In order for the construction to be recognized as legal, you will need to submit:

An extract from the Unified State Register confirming the absence of rights of other persons to the garage.
Technical documentation for construction (plan, project).
Certificate of compliance with sanitary standards and fire safety requirements.
A document proving that the garage was built by the applicant.

The jurisdiction of the dispute is determined based on the market value of the garage. So, if the cost of the claim exceeds 50,000 rubles, then the case will be considered by the district court, if lower, then by the world court.

Important: in the case where a garage is built on land that has a different purpose (not intended for the construction of garages), the applicant has no chance to defend the construction. Only changing the intended purpose of the land will help. This is not always possible. Insert your text here

Nuances of privatization

You can only register ownership of a plot that has precise boundaries. This is not the case everywhere. It also happens that there is a civil land registration system, but the land is not registered as a cadastral registration object.

The costs of establishing the boundaries of the site through surveying are borne by its user. That is, if there is a lease agreement, GSK pays. Only cadastral engineers and geodetic companies have the right to carry out land surveying.

A cadastral passport for a garage can only be obtained when the GSK is registered. Otherwise, until the GSK is legitimized and the garage is assigned an individual cadastral number, it is impossible to register ownership of it. Until 2008, instead of cadastral passports, cadastral plans were drawn up.

Garage privatization - step-by-step instructions

The most correct solution would be to build a clear algorithm of actions. So, first of all, we need to determine what kind of structure stands in front of us:

We study the garage structure. Garages come in the form of a separate building, with its own foundation, entrance, walls and roof. And there are so-called cooperative garages in the box, where everyone has one large building. Let’s make it clear right away that it is much easier to privatize a separate garage. How to privatize a cooperative garage? In a cooperative, you will have to calculate exactly what size plot (share) belongs to you. It will also be necessary to gather all the owners of the cooperative garage and raise the issue of privatization with them. And only after receiving universal approval can action begin. Who do you think will be involved in these most active actions? Who is the most proactive and active among us? Of course you are. Because they were the first to raise this topic.
GSK. Next, in any case, no matter what your garage is, you need to contact the GSK (garage-building cooperative), the chairman, so that he contacts the local government and makes sure that the registration documents for your garage or garage cooperative are available. There you will be given a confirmation certificate.
BTI. You provide a certificate from the GSK to the Technical Inventory Bureau. Here you need to obtain a certificate to obtain measurement documents, which will become the basis of the technical description. The guys from this service will take a complete measurement of your garage and make a technical description.
Registration Chamber. Now that we already have something in our hands, we can walk with our heads held high and with bright aspirations to acquire confirmation of the right to own our garage at the registration chamber.

Here is a list of documents required for privatization:

Your application expressing your desire for privatization.
Receipt for payment of state duty.
Of course, proof of your identity.
Declaration of real estate (in two copies).
Cadastral plan of the land plot on which the building is located (two copies).
A document that confirms your right to the land on which the garage is located (two copies).

What is privatization?

Privatization of land under a garage is the process of re-registration of ownership of a plot that was previously allocated to a citizen for garage development on terms of perpetual use.

It is also possible to privatize those plots that were allocated individually on a lease basis for the construction of private garages.

Until the rights are re-registered, the land is held by members of the cooperative, or for immediate use by a citizen developer. Only the procedure for registering rights to a plot under a separate garage allows the owner to fully dispose of the object in the future (sell, donate, inherit).

Before privatizing the land under the garage, you need to pay attention to some features:

Before contacting the authorized bodies, you should complete all the necessary documentation for putting the garage into operation. It is necessary to obtain documents from the chairman of the cooperative, or to register the garage building as your own.
In order for the rights to a land plot to be secured, boundaries must be determined and documents must be drawn up for a number of other characteristics.
After constructing the garage, you should obtain a technical plan, and then go to Rosreestr for cadastral registration.
Privatization of land under an already registered garage is possible only when it is allocated as a separate building. This means that the garage must have a separate exit, walls, roof and foundation.
If a citizen owns a garage box, which has adjacent walls and a single foundation with other garage buildings in the cooperative, then it is not possible to privatize the land under the garage into ownership.

On what legal basis is the plot under the garage being privatized?

If you have a garage, you can take advantage of the priority right to secure the plot under it through privatization. This right is enshrined in the current Land Code of the Russian Federation, clause 1.2 of Art. 36.

Please note that in order to exercise the right to individual privatization, the garage must be a separate building, that is, have a separate entrance and foundation. This condition is of fundamental importance, since garages that are part of a box with a common foundation and have partitions with neighboring garages are not considered as separate buildings. The site on which the box is built is not subject to division or privatization. However, it is possible to obtain a share in the common ownership of the plot on which the property complex is located.