How to register a garage as a property if there are no documents in general, as well as how this procedure can be legally carried out, saving time and money, are questions that concern many car enthusiasts. Let's look at the “garage” topic in as much detail as possible.
At the outset, it is worth noting that the acquisition of a “home for a vehicle” is actually carried out, in accordance with the general rules established by existing legislation, for real estate.
Thus, registration of the transfer of ownership rights can be carried out only in the case of the original existence of this right. At the same time, most often, garages owned by the owners remain “under-registered”, which is why these citizens have legal disputes. Such problems are especially relevant when transferring property.
What garages are we talking about?
The amnesty covers garages built before the entry into force of the Town Planning Code of the Russian Federation, that is, before December 31, 2004. We are talking, first of all, about capital structures that have a foundation and walls.
The buildings must be one-story, without residential premises. They can be part of garage-building cooperatives or be separate capital buildings.
The land on which the garage is located must be administered by the state.
Self-built buildings and underground garages in high-rise buildings and office complexes are not included in the “garage amnesty”.
In some cases, it is possible to register ownership of the land under a non-permanent garage - if such a garage was erected before 2005, and the land under it was provided to the owner as a member of the garage cooperative.
Judgment
When a positive decision has been made on the claim under consideration and the appeal period has passed, this decision is handed over to the plaintiff. After receiving this document, a person has the opportunity to restore his rights that were violated by other persons.
The court decision serves as the basis for:
- preparation of the necessary documentation;
- registration of the building;
- implementation of a property transaction.
Claim for recognition of ownership of a garage.
The decision made by the judge acts as the title document regarding the garage.
Appeal
If the parties are not satisfied with the decision, they have 30 days to appeal. The period begins to run from the moment the court makes its decision. The appeal contains the essence of the request, and also indicates the reason that became the basis for the refusal.
The document reflects the claims that a person makes to the court hearing the case in the first instance.
Arbitrage practice
According to judicial practice, upon presentation of a complete list of necessary documentation, the claim is satisfied. An example is the following case: a member of the GSK, citizen P., presented at a general meeting a demand to withdraw from the garage cooperative, as well as to register the garage as a property owner. The cooperative refused, as a result P. filed a lawsuit.
The court's decision was based on current legislation. The claim was recognized and P. was allowed to register his right to the building with the relevant authority. The basis for recognition of the right was an illegal refusal at a meeting of the State Committee of the Jury, as well as a violation of the voting rules when making such a decision.
When the garage owner does not have documents for the building, he will need to recognize ownership. You can confirm the existence of rights or restore them through a court hearing.
What documents are needed?
It is necessary to provide a document confirming ownership of the garage, for example:
- on the provision or other allocation of a land plot or on the emergence of the right to use the plot on other grounds;
— agreement on connection (technological connection) of the garage to utility networks;
— agreement on the provision of utilities in connection with the use of the garage;
— a document confirming payment of utilities;
- a document confirming the state technical registration or technical inventory of the garage before the beginning of 2013, which contains an indication of the copyright holder of the garage or the customer who produced the document and the year of construction;
— a document confirming the provision or other allocation of a land plot to a garage cooperative, the organization under which the garage cooperative was organized, for garage construction;
— a document confirming the acquisition by a cooperative or organization of the right to use a land plot for other reasons;
— a decision of the general meeting of members of a garage cooperative or another document on the distribution of a garage or land plot to a citizen;
- a document issued by a garage cooperative confirming payment of a share contribution by a citizen or confirming the fact of construction of a garage by a cooperative or a citizen
Regions have the right to approve additional lists of documents that will make it possible to acquire the right to the land under the garage.
How to register ownership of a metal garage and the land plot underneath it?
“Land Code of the Russian Federation” dated October 25, 2001 N 136-FZ (as amended on December 25, 2018) (with amendments and additions, entered into force on January 1, 2019)
Land Code of the Russian Federation Article 39.8. Peculiarities of a lease agreement for a land plot in state or municipal ownership(introduced by Federal Law dated June 23, 2014 N 171-FZ)
1. The terms of the lease agreement for a land plot located in state or municipal ownership are determined by civil legislation, this Code and other federal laws.
2. A lease agreement for a land plot that is in state or municipal ownership and provided for work related to the use of subsoil must provide for work on the reclamation of such land plot.
3. Lost power. — Federal Law of July 3, 2016 N 334-FZ.
(see text in the previous edition)
4. A lease agreement for a land plot that is in state or municipal ownership and located within the boundaries of the shoreline of a public water body is concluded on the condition that citizens have free access to the public water body and its shoreline.
5. Invalid as of January 1, 2021. — Federal Law of July 29, 2017 N 217-FZ.
(see text in the previous edition)
6. If a legal entity is provided with a land plot that is in state or municipal ownership for the comprehensive development of the territory, the specified legal entity must enter into an agreement on the comprehensive development of the territory simultaneously with the conclusion of a lease agreement for such a land plot.
7. A lease agreement for a land plot formed from a land plot provided for the integrated development of the territory, with the exception of the case of provision of a land plot to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, must provide for the obligation of the parties to the lease agreement for such land plot to ensure implementation of measures for the development of the territory (including the construction and commissioning of capital construction projects) in accordance with the schedules contained in the agreement on the integrated development of the territory, in relation to each provided activity, indicating the start and end dates for the relevant work, as well as the responsibilities of the parties for failure to fulfill this obligation and the right of the parties to terminate this lease agreement unilaterally in case of failure to fulfill this obligation.
7.1. If a building, structure, or unfinished construction project is located on a land plot that is in state or municipal ownership, in respect of which a decision has been made to demolish an unauthorized structure or a decision has been made to demolish an unauthorized structure or bring it into line with the maximum parameters of permitted construction, reconstruction of capital construction projects, established rules of land use and development, documentation on territory planning, or mandatory requirements for the parameters of capital construction projects established by federal laws (hereinafter referred to as bringing into compliance with established requirements), the lease agreement concluded in relation to such a land plot must provide for the obligation of the tenant, at his own expense and (or) with the involvement of funds from other persons, to demolish the unauthorized structure within a period not exceeding twelve months, if a decision was made to demolish the unauthorized structure, and if a decision was made to demolish the unauthorized structure or bring it into compliance with established requirements - the obligation of the tenant to demolish the unauthorized building or submit to the local government body of the settlement, urban district at the location of the unauthorized building or, if the unauthorized building is located in an intersettlement area, to the local government body of the municipal district approved project documentation for the reconstruction of the unauthorized building construction in order to bring it into compliance with the established requirements within a period not exceeding twelve months, and to carry out the subsequent bringing of the unauthorized construction into compliance with the established requirements within a period not exceeding three years.
(clause 7.1 introduced by Federal Law dated August 3, 2018 N 340-FZ)
8. A lease agreement for a land plot in state or municipal ownership is concluded:
1) for a period of three to ten years in the case of provision of a land plot for the construction, reconstruction of buildings and structures, except for the cases provided for in subparagraphs 2 and 3 of this paragraph and paragraph 9 of this article;
2) for a period of up to forty-nine years for the placement of linear objects;
3) for a period of twenty years if a citizen is provided with a plot of land for individual housing construction or a plot of land within the boundaries of a populated area for running a personal subsidiary plot;
4) for a period of three to five years in case of provision of a land plot to a legal entity for the comprehensive development of the territory;
(as amended by Federal Law dated July 29, 2017 N 217-FZ)
(see text in the previous edition)
5) for a period not exceeding the term of the lease agreement for the land plot that is the original one, in the case of lease of a land plot formed from the original land plot, except for cases where the land plot is provided to a legal entity for the comprehensive development of the territory;
(as amended by Federal Law dated July 29, 2017 N 217-FZ)
(see text in the previous edition)
6) for a period of up to three years in the case of provision of a land plot on which an unfinished construction object is located to complete the construction of this object, or for the period specified in paragraph 9 of this article, if the ownership of the unfinished construction object was acquired as a result of public bidding for the sale of this object seized from the owner in connection with the termination of the lease agreement for a land plot located in state or municipal ownership;
7) for the duration of the hunting agreement in case of provision of a land plot to the person with whom the hunting agreement was concluded;
for the duration of the concession agreement, public-private partnership agreement, municipal-private partnership agreement in the case of provision of a land plot to a person with whom these agreements were concluded;
(as amended by Federal Law dated July 13, 2015 N 224-FZ)
(see text in the previous edition)
8.1) for the duration of the agreement on the development of the territory for the purpose of construction and operation of a rented house for commercial use or the agreement on the development of the territory for the purpose of construction and operation of a rented house for social use in the case of the provision of a land plot to the person with whom such an agreement was concluded;
(clause 8.1 introduced by Federal Law dated July 21, 2014 N 217-FZ)
8.2) for a period determined by the law of a constituent entity of the Russian Federation, in the case of provision of a land plot to a non-profit organization created by a constituent entity of the Russian Federation or a municipal entity for the development of territories for the purpose of construction and operation of rental houses for social use;
(clause 8.2 introduced by Federal Law dated July 21, 2014 N 217-FZ)
8.3) for the duration of the agreement on the integrated development of the territory on the initiative of a local government body in the case of provision of a land plot to the person with whom this agreement was concluded, in accordance with subparagraphs 13.2 and 13.3 of paragraph 2 of Article 39.6 of this Code;
(clause 8.3 introduced by Federal Law dated July 3, 2016 N 373-FZ)
9) for a period not exceeding the remaining term of the lease agreement for a land plot, terminated early in connection with the withdrawal of such a land plot for state or municipal needs, but not less than three years in the case of a person being provided with a land plot in exchange for a land plot, the right to lease for which was terminated as a result of the seizure of such land;
10) for a period not exceeding by two years the validity period of the license for the use of subsoil, in the case of provision of a land plot for carrying out work related to the use of subsoil;
11) for a period of three to forty-nine years in case of provision of a land plot for agricultural production, except for the cases provided for in subclause 12 of this clause;
12) for a period of no more than three years in the case of providing a land plot to a citizen for haymaking, grazing farm animals, or gardening;
13) for a period not exceeding the period of reservation of a land plot for state or municipal needs, if the land plot is reserved for state or municipal needs;
14) for the period of implementation of the investment project in accordance with the investment declaration of a resident of a territorial development zone included in the register of residents of this zone, if the land plot is located within the boundaries of the territorial development zone;
15) for the duration of the decision on the provision of aquatic biological resources for use, an agreement on the provision of a fishing area or an agreement on the use of aquatic biological resources in the case of the provision of a land plot to a person for carrying out activities provided for by the specified decision or agreements;
16) for a period within the minimum period and (or) maximum period of lease of a land plot in the event that federal law establishes a minimum period and (or) maximum period of lease of a land plot;
17) for a period of up to forty-nine years in the case of providing a land plot for rent to the owner of a building, structure located on such a land plot, or premises in them, as well as in other cases not provided for by this paragraph;
18) for the period of implementation by a resident of the free port of Vladivostok of an agreement on the implementation of activities concluded in accordance with the Federal Law “On the Free Port of Vladivostok”;
(Clause 18 introduced by Federal Law dated July 13, 2015 N 213-FZ)
19) for the period of implementation by the participant of the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol of the agreement on the conditions of activity in the free economic zone, concluded in accordance with the Federal Law of November 29, 2014 N 377-FZ “On the development of the Republic of Crimea and the federal city significance of Sevastopol and the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol”, unless a shorter period is declared by such participant.
(Clause 19 introduced by Federal Law dated December 25, 2018 N 485-FZ)
9. In the case of provision of a land plot, in accordance with the main type of permitted use of which the construction of buildings and structures is provided, for rent at an auction for the right to conclude a lease agreement for a land plot located in state or municipal ownership (except for cases of auctions in accordance with Article 39.18 of this Code), a lease agreement for a land plot located in state or municipal ownership is concluded for a period exceeding twice the period established by the federal executive body authorized by the Government of the Russian Federation as the period necessary for performing engineering surveys, carrying out architectural and construction works design and construction of buildings and structures. Moreover, if, in accordance with the main types of permitted use of a land plot, the construction of several buildings and structures is provided, the lease agreement for such a land plot is concluded based on the longest period established for such buildings and structures in accordance with the provisions of this paragraph. In the case provided for in paragraph 7.1 of this article, the term of the land lease agreement is also established taking into account the period necessary for the demolition of an unauthorized building or reconstruction of an unauthorized building in order to bring it into compliance with the established requirements.
(as amended by Federal Law dated August 3, 2018 N 340-FZ)
(see text in the previous edition)
10. Lease agreements for land plots formed from a land plot leased to a legal entity for the comprehensive development of the territory are concluded for a period within the minimum period and (or) maximum period of lease of the land plot in accordance with paragraph 8 of this article.
(as amended by Federal Law dated July 29, 2017 N 217-FZ)
(see text in the previous edition)
11. A lease agreement for a land plot located in state or municipal ownership is concluded with the winner of the auction or with the person who submitted the only application for participation in the auction for the right to conclude a lease agreement for the land plot, with the applicant recognized as the only participant in the auction, with the only one who took part in an auction by its participant on the conditions specified in the notice of this auction.
12. When concluding a lease agreement for a land plot located in state or municipal ownership, without holding an auction (except for cases of concluding a lease agreement with a person who submitted the only application for participation in the auction for the right to conclude a lease agreement for a land plot, with the applicant recognized as the only participant in the auction, or with the only participant who took part in the auction), the term of this agreement is established at the choice of the lessee, taking into account the restrictions provided for in paragraph 8 of this article.
12.1. If, after concluding a lease agreement for a land plot located in state or municipal ownership, a public easement is established in accordance with Chapter V.7 of this Code, the tenant has the right to demand amendments to the lease agreement for a land plot in terms of increasing the term of this agreement by the period specified during which the use of the land plot in accordance with its permitted use is impossible or significantly hindered due to the implementation of a public easement. The lessor has no right to refuse to make these changes to such an agreement. This period is determined in accordance with the agreement on the implementation of a public easement, regardless of the period established by paragraph 8 of this article.
(clause 12.1 introduced by Federal Law dated August 3, 2018 N 341-FZ)
13. If a land plot in state or municipal ownership is fully or partially located in a security zone established in relation to a linear object, the lease agreement for such a land plot must contain conditions for the admission of representatives of the owner of the linear object or representatives of the organization operating the linear object object, to this object in order to ensure its safety.
14. A lease agreement for a land plot located in state or municipal ownership cannot establish requirements for the performance of any work or provision of services that entail additional costs for the tenant that are not related to the subject of this agreement, unless otherwise established by federal law.
15. The tenant of a land plot located in state or municipal ownership does not have a preemptive right to conclude a lease agreement for such a land plot for a new term without holding a tender.
16. If a land plot that is in state or municipal ownership and reserved for state or municipal needs is leased, the lease agreement for such land plot must provide for the possibility of early termination of this agreement at the request of the lessor after one year after notifying the tenant of such land site to terminate this agreement.
The procedure for obtaining information from the State Property Committee for a garage
To obtain a cadastral passport for a garage, the owner of non-residential real estate must have on hand the necessary certificates from the BTI - about the inventory of the premises. Technical information received before 2008 is equivalent in legal force to a cadastral passport.
It must be issued if you want to sell real estate or perform other legally significant actions with it . If you want to order a cadastral passport for a garage, you need to contact Rosreestr - personally or through a representative. The service can also be ordered through the MFC or the official website of the department.
The following information is attached to the application for a cadastral passport:
- technical certificate from BTI;
- a copy of the applicant's identity card;
- receipt for payment for the service.
There is no state duty to be collected. Payment is made for services actually rendered. The cost of the service is 200 rubles. – for information in paper form; 150 rub. – in electronic form.
When they can refuse
The main reasons for refusal are:
- information about the real estate is not recorded in data systems;
- information about the object cannot be disclosed, as this is prohibited by law.
Where to start registering a garage as your property? This video will tell you:
For any reason, the refusal would not be received, the applicant receives a written notification, which provides the reasons.
The legislative framework
- Order No. 32 of the Ministry of Justice - it states what should be contained in the passport, as well as how to issue it.
- Federal Law No. 93 - sets out ways to prepare a document in the shortest possible time.
- Federal Law No. 218 - confirms the need to use the document and also establishes its deadlines.
To carry out transactions in which the property is a garage, documentation is required, which can be a cadastral passport. The document registration process will be simple if the citizen can confirm that he is the owner of the property.
