Privatization of a garage in a garage cooperative: procedure, general information

1

Due to the constant increase in the number of vehicles, the question of where to park your own transport is becoming increasingly relevant. Many people use garages in cooperatives and do not think about their privatization, but in such a situation it will not be possible to transfer such a garage to the heirs. And they will no longer be able to find a place for their car. Is it possible and necessary to privatize a garage, what are the features of this procedure and how to exercise your right - we will consider in this article.

Is it possible and necessary to privatize a garage in a garage cooperative?

Any user of a garage in a cooperative receives the status of its member, which automatically, on the basis of laws No. 1541-1 and 93, allows for privatization. This is necessary in order to become a full-fledged owner and no longer worry about the fact that at one far from perfect moment the state (or cooperative) will simply kick out the user and in the place of the garage another shopping center or something else, equally “necessary” will appear. .

The privatization process has both clear advantages and quite obvious disadvantages:

Cooperative concept

A garage or garage-building cooperative (GC, GSK) is a non-profit association created with contributions from participants. Garage cooperatives are considered legal organizations, but all members contribute to their construction. Shareholders resolve all pressing issues at meetings, discuss the development plan of the cooperative, and make decisions by voting.

The land is leased, garages are built not without permission, but legally. Construction and electricity supply are cheaper. The development of the complex occurs gradually, payment of fees is monthly, but not very large. The activities of such citizen associations are regulated by law. Among the regulatory documents are the Civil Code of the Russian Federation (Article 50, Article 116 Part 1), the Tax Code of the Russian Federation (regarding contributions, profits from other finances).

The charter of the garage cooperative is also adopted. It sets out the basic rules for its activities. The chairman of the GSK is elected. He is the initiator of all activities of the association, makes the necessary decisions, and signs the minutes of meetings.

When construction is completed, all garages will be considered common shared property, and specific spaces for cars will belong to members of the GSK. By the way, three participants are enough to create an association. In the future, each of them can register the garage as their property, and until then the cooperative is obliged to pay taxes

It is important to know that after the complex is completed and share contributions are made by all participants, the garage cooperative must be converted into a consumer cooperative

Which garages cannot be privatized?

It will not be possible to privatize a garage in just two cases:

1. The cooperative refuses privatization on any grounds. As a rule, this is rare. Moreover, with such a refusal, you can try to solve the problem through the court.
2. The garage is an illegal building. This usually does not happen in cooperatives, but some probability still remains. In this situation, you first need to legalize real estate and only then engage in privatization.

Determination of the form of ownership

GSK figured it out what it is. Now it's time to move on to considering all the subtleties.

Although this form is non-commercial (according to the Civil Code), shareholders can engage in entrepreneurial activities. For example, provide services for repairing other people's cars, or rent out collective premises.

Participants in garage cooperatives can be not only individuals, but also legal entities. By the way, exclusively legal entities cannot create a State Joint Stock Company through merger. Participation of at least two individuals is required. Otherwise, the organization will not be able to obtain the status of a citizens' union.

It is worth noting that the legislation of the Russian Federation does not provide for any legal acts regulating the activities of garage and construction cooperatives. Accordingly, only the general provisions of the Civil Code are applicable to this form of business.

Who manages the cooperative and how?

Management is carried out as follows:

• The most important and influential body is the meeting of members. It is carried out at least twice a year. All decisions are made by open voting with majority support;
• The implementation of decisions made must be monitored by the Board, the composition of which is approved at meetings. It should include three or more participants of the GSK (as the abbreviation stands for - we’re sure you’ve already remembered everything);
• A chairman of the board must be appointed, who leads the “executive power” in this organization;
• To monitor the activities of the cooperative, a supervisory commission (also called an “audit commission”) is appointed. Again, its members are elected at a general meeting.

Responsibilities of the Chairman

He is appointed by voting at a general meeting of shareholders and is re-elected every two years. His powers and responsibilities include the following:

• Coordination of the work of the board;
• Organization of meetings of members of the GSK (interpretation: garage and construction cooperative) and their conduct;
• Management of financial resources of the organization;
• Establishment of contractual relations with performers (contractors).

How to privatize a garage

The garage privatization procedure directly depends on two factors:

• Is the garage a separate building or part of a common box?
• Is the land under the garage privatized by the cooperative or not?

Procedure

Where to start privatization if the land is not privatized and the garage is part of a common box? Since this situation is the most difficult from the point of view of privatization, we will consider it.

1. Check whether the garage is an official building or a self-built one. This can be done very simply: there are documents for the premises - that means everything is fine. No - that means you need to clarify the question with the management of the cooperative. Sometimes they can be stored there too. If they are not there either, most likely the premises were built without permission and it is worth filing an application with the court demanding legalization.
2. If the garage is part of a common box, in order to privatize the premises it will be necessary to obtain the consent of all other owners. Failures are generally rare, but the problem is often that many garage users may not show up for months or even years. You can find them in such a situation through the management of the cooperative, but only on the condition that they have such information and are ready to share it.
3. Obtain permission from the management of the cooperative to privatize the garage. Usually there are no problems with this. It should be borne in mind that you will definitely have to pay off the entire debt, close share payments, and so on.
4. Obtain copies of documents on the basis on which the cooperative uses the land. If it is not privatized, then there can be two options: fixed-term or perpetual lease. For privatization, this does not play a special role, however, if the territory is privatized, then about the purchase of the site you need to talk not with the state, but with the owners (the same management of the cooperative, as a rule).
5. Write an application to the BTI with a request to draw up a technical plan for the garage. It will take some time. You will also need to pay a state fee.
6. Contact Rosreestr with a request to register the land plot with cadastral registration and then register it as ownership.

If the land is privatized by a cooperative, then it can simply be purchased, which may be more expensive, but much faster and without the need to collect a large package of documents. In the same case, if the garage is not included in the common box, the only difference will be that its privatization will not require the consent of other users of the box (or their notarized refusal to this procedure).

Letter RB No. 2-3-6/24366 dated January 25, 2006. On taxation of garage cooperatives

Subclause 1.1 of clause 1 of the Decree of the President of the Republic of Belarus dated September 29, 2005.

N 460 “On some issues of collecting land tax” (hereinafter referred to as Decree N 460) clarifies the rules for paying land tax on land plots provided to garage-building and garage cooperatives, and the portion of land area allocated to citizens.

According to civil legislation, garage-building and garage cooperatives are consumer cooperatives and their constituent documents must comply with the provisions of Article 116 of the Civil Code of the Republic of Belarus and the legislation on consumer cooperation. In accordance with the resolution of the Council of Ministers of the BSSR dated August 5, 1977. According to Art.

Documents required for privatization of a garage

To privatize a garage, you need to prepare the following list of documents:

• A certificate from the management of the cooperative stating that the applicant is a member, he has paid his share and received consent to privatization.
• Technical plan from BTI.
• Cadastral passport of the plot.
• Receipt for payment of state duty.
• Documents on the basis on which the cooperative uses the land.
• The applicant's passport or other document that establishes his identity.
• Consent of all members of the cooperative/block of garages (if necessary) with the passports of the signatories.

What to do if there are no documents for a garage: Procedure, instructions

What should be done if the user does not have any documents for the garage, but wants to privatize it? As a rule, the absence of documents indicates that the garage was erected without permission. This is an extremely rare occurrence in cooperatives. Before proceeding with the legalization procedure, it is recommended to contact the board of the cooperative. Often all the necessary documents are stored there. If not, then you need to follow these step-by-step instructions:

1. Apply to the court to legalize real estate.
2. Contact the administration for documents about the land plot on which the garage is located (provided that the cooperative does not have them).
3. Contact the BTI with a request to conduct an examination of the premises.
4. Contact Rosreestr.

The procedure for privatization without documents remains almost the same as with them, but you must first register a garage in accordance with all the rules. It should be borne in mind that with a certain amount of bad luck, the court may refuse legalization and require the applicant to demolish the illegally erected building at his own expense.

✅ Until what year has garage privatization been extended?

Simplified free privatization of buildings was available to all citizens of our country until March 1, 2021. A subsequent decision by the Government to extend the deadline may follow soon. But with the same success, a solution may not follow. Now citizens will have to provide not only the title documents for the garage, but also permission to put the facility into operation.

The situation with the privatization of the garage will not change - only the building itself is provided free of charge. The land plot underneath belongs to GSK on the basis of a lease agreement with the municipality. Members of the cooperative have certain shares in the plot. They pay for the use of the land out of their own pockets into the general fund of the cooperative.

Is compensation possible for a privatized garage?

Garage owners have every right to compensation when a building is demolished. A similar situation may arise mainly if the site is not privatized and is needed for the construction of some other facility. In any case, there are two main options for what compensation could look like:

• Direct compensation for the costs of constructing a garage.
• Providing another garage for private ownership (usually located in a different area, therefore not always convenient for use).

In addition, if a private company is engaged in construction, it does not have the right to simply demolish other people’s buildings. Typically, representatives of such a company try to buy garages and any other territory/buildings that will be needed during the construction of the facility. Don't resist too much, as they will eventually get their way. It is easier to agree to compensation (of course, if the amount is satisfactory) and at its expense to build a garage in any other suitable place.

Possible reasons for refusal to privatize a garage

Refusal to privatize usually follows in extremely rare cases:

• The entire debt has not been repaid and/or the share has not been paid.
• Serious errors were found in the documents provided.
• The state fee was paid not by the applicant, but by a third party.

When privatizing a garage, there are many problems and nuances that need to be taken into account. Often the procedure becomes so complicated that it is almost impossible to do without a specialist. Our experienced lawyers will help you understand the main problems during a free consultation and will further provide support at all stages of registration.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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