A garage for the driver is a guarantee that you don’t have to worry about whether the car is protected from theft, bad weather, hooligans and other accidental damage. Therefore, its presence is a huge advantage, which you don’t want to lose, which is likely if the land under the building is not registered as property. This makes the relevance of the question: how to register the land under the garage as property only greater.
Important! Persons using a land plot, in the absence of completed documents, may be subject to administrative liability, the amount of the fine (depending on the cadastral value), the minimum for citizens is 5 thousand rubles, for civil society - 100 thousand rubles.
What is the point of acquiring rights?
Registration of ownership of the land located under the car owner's garage will ensure the safety of the building, avoiding situations in which one can be left without a plot, and without a building on it, and without compensation for the loss of both. For example, the municipality reconsiders the intended purpose of individual sites, deciding to use them in a different way. This could be the construction of a residential complex, or a shopping center, or even the creation of a park. For the garage owner, such a revision of the purpose of the site will mean only one thing - the loss of the building. Moreover, without any compensation for the value of lost property.
Early registration of ownership of the site on which the building is located will help correct the situation. The municipality will be obliged to purchase the territory to implement changes or compensate for losses of the owner of the building if the latter has:
- lease agreements;
- purchase and sale agreements;
- documents for unlimited use.
Any of the listed documents gives the owner of the property the right to dispose of the site at his own discretion. Separately, it is worth noting that registered land ownership increases the cost of construction. Therefore, upon further sale, the price can be set accordingly.
In order to start the process, the garage owner must provide an extract from the Unified State Register for a specific site. The procedure is available in individual or group format.
For what purpose is it necessary to register land rights?
In Russia, laws very clearly define what rights and how they arise for people claiming this or that property. Documents certifying the ownership of land or property guarantee that the seller has the right to sell the object or transfer it to a third party in another way.
Without a special land document, all real estate transactions will not be recognized as legal.
When a transaction is completed, property is transferred from one owner to another. For this, the buyer pays a fee. Without drawing up an official document, the buyer will also not be able to dispose of the acquired property.
And yet, on an unregistered site, you will not be able to use the building at your own discretion. Reconstruction or addition to the upper floor is not permitted. Any action of this kind must be agreed with local authorities.
Varieties of land design under the garage
A natural condition for starting the procedure is documents confirming ownership of the structure. Therefore, the owner must submit the application personally or the latter’s representative must have a notarized power of attorney.
The procedure for registering ownership of the land under a garage depends on the period and how the owner of the building received it for further use. Based on the answer to this question, achieving the goal will require privatization or a buyout.
Purchase of land by a garage cooperative
The scheme of transferring municipal land into the ownership of members of a garage cooperative is quite common. In order to assign the territory under a certain building the status of personal property, you will need to obtain consent from each member of the organization (100%). Moreover, the buildings of all participants must be registered as personal property.
In such a situation, it is much faster to formalize the collective transfer of land into the ownership of the owners. To start the process, you need to contact the chairman of the cooperative. He will advise you on the paperwork and will get a response from the other participants. For this purpose, a meeting of the cooperative is held, at which the decision to register land plots as private property is recorded.
This protocol, correctly filled out, is sent to the employee at the branch of the relevant department dealing with municipal property relations. Attached to the protocol are the documentation of the cooperative (technical plan, documents for buildings) and an application for the purchase of land for collective property, notarized powers of attorney from members of the cooperative (garage owners) to the chairman, confirming his authority to register the land and register the agreement in Rosreestr. The department commission reviews the application within 4 weeks. If the papers are drawn up correctly and there are no interfering factors, a positive decision is made. The result is the conclusion of a purchase and sale agreement between the municipality and the members of the cooperative and the transfer of land to them into common shared ownership.
Formation of the GSK territory
Most GSKs in our country were formed back in Soviet times, when local authorities allocated plots of land for them for indefinite use. The land under the garages belongs to the state . Cooperatives that have not formalized the land in any way can actually be demolished at any time by decision of the municipality.
Only a general meeting of members of the cooperative can decide on the registration of the territory of the cooperative. After the general meeting, a package of documents is collected and an application is submitted to the responsible authorities. The state provides the following options for registering land for GSK:
- redemption into shared ownership;
- long term rental.
The activities of the GSK are regulated by Chapter V.1 of the Land Code of the Russian Federation. This applies to garage cooperatives that were created during Soviet times. Modern GSKs issue a long-term lease of a site immediately upon formation of the territory.
How to register the land under the garage as individual property
Self-registration of the site has an advantage, namely the speed of preparatory work. The owner does not need to wait, unlike collective decision-making in cooperative ownership with other users. The sequence of this process is as follows:
- registration of ownership of the building;
- obtaining advice on the issues of cadastral registration and registration of rights to a land plot in Rosreestr;
- contacting Rosreestr or MFC for registration.
This procedure is relevant for landowners who received a plot before October 25, 2001. Such a transaction falls under the law on dacha amnesty - Federal Law of December 29, 2004. N 191-FZ “On the introduction into force of the Town Planning Code of the Russian Federation.” To implement it, it is enough to have a document for the right to provide, allocate a land plot for construction, a technical plan for the land plot and the building, drawn up by a cadastral engineer; if they are not registered in the cadastral register, it is possible that land surveying may be required. Privatization is free of charge, although the paperwork process will require the costs of specialist services.
Cost and expenses
As we have already said, if the garage was transferred to a citizen for use before October 2001, then the privatization of the land will be free of charge. But it is worth noting that this right only applies to the re-registration of property rights itself. Other expenses that a citizen incurs in preparing documents will not be compensated.
So, on average, the costs will be as follows:
- land surveying according to the cadastral plan - from 5,000 rubles;
- payment of state duty – 2,000 rubles;
- if the applicant used the services of a notary or lawyer, he will incur additional costs depending on the cost of the services provided.
If the garage was transferred later than 2001, the citizen pays for the privatization of the land according to its cadastral value.
Registration of land lease
If the owners of cooperative garages do not have the opportunity to buy out the plot, for example, there is no 100% consent or on the terms expressed by representatives of the municipality, you can use the right to register the land for a long-term lease, which will avoid an unpleasant situation when changing the purpose of the territory. The lease may also be issued at the request of the owner of an individual garage.
When drawing up an agreement transferring municipal land for rent (under a garage), indicating the rights and obligations of the parties (indicating compensation in case of changes in municipal policy regarding a specific territory). The cost of monthly rent and payment procedure must also be specified.
Conducting state registration
After establishing rights to a land plot through a purchase and sale transaction, the buyer must register the property with Rosreestr. To do this, having in hand the relevant documents confirming the transfer of the site to a new person, you need to fill out an application and submit it to a Rosreestr employee with a full package of papers. State registration is carried out within 10 days.
List of required papers
The list of documents that need to be prepared when starting the process of registering a land plot is the same for all situations, with the exception of privatization under the dacha amnesty. In order not to turn visits to a municipal employee into a regular duty, all papers must be prepared in advance, taking into account their expiration date. The package will include originals and copies of:
- a certificate confirming the applicant’s ownership of the garage;
- documents on the allocation and provision of land for the construction of a garage;
- building permit, commissioning of a garage for cooperative garages, if they are not registered;
- technical plan for the garage, if it is not registered in the cadastral register, prepared by a cadastral engineer;
- technical plan for the land plot, if it is not registered in the cadastral register;
- powers of attorney from members of the cooperative, garage owners or their personal participation in submitting documents to Rosreestr;
- payment document for depositing state duties
- The registration application is usually filled out by an employee of Rosreestr or the MFC that accepts documents.
When submitting a collective application for registration of a land plot, documents of each participant are attached.
Nuances
The car owner can register the land under the garage in a number of cases:
- land received earlier 10/30/2001;
- the land is intended for individual housing construction, private plots, gardening or garage construction;
- there are documents in hand on the provision of this plot to a person on the right of ownership or lifelong ownership (or even without indicating a specific type of right).
When submitting documents to government agencies, you may encounter some unforeseen situations that can significantly complicate the process:
- The garage owner may not have the necessary documents due to loss. Recovery may take some time, which will delay the process.
- If the garage is located on the territory of new buildings , then constructing it as a property can become significantly more complicated.
- A person may be the owner of a so-called “self-construction”, which, in fact, has no legal basis. In order to obtain the right to land, you will first need to register ownership of the structure. There are cases when this needs to be done through the courts.
- If the garage is located in some kind of box and has a common foundation with other buildings, then it is already part of the GSK and its privatization will be impossible. In such a situation, you can only get a share in the property.
In any situation, you should be prepared for the fact that you will need to show your rights to property in court.
How much does it cost to register “undergarage” land?
The cost of the procedure will vary depending on which way of registering the land, which is the base of the building, as a property that suits the specific state of affairs of a particular owner. So, if the land under a garage is being privatized under a dacha amnesty, you will only need to pay the cadastral engineer for drawing up the technical plan of the land plot (6-9 thousand rubles) and the state. registration fee (2 thousand rubles).
If the registration also takes place in a garage, you will need to prepare a technical plan for it (3-9 thousand rubles).
In cooperative garages there is no need to register the ownership of the GSK (state duty is 22 thousand rubles), since members of the cooperative can immediately register their boxes. If the building is illegal (self-construction), the fine to the State Construction Committee for violating the construction procedure is from 500 thousand rubles. up to 1 million rubles
A separate expense item will appear if there are controversial issues. Then the decision will be made by the court, which will require the services of a lawyer, which will entail the cost of a lawyer’s fee.
Purchasing a parking space
If we are talking about a place for daily parking of a car, and not about an outbuilding for storing equipment and food supplies, you can purchase a separate parking space. This term means a special dedicated area with clear boundaries in an underground parking lot or fenced area.
The possibility of registering them as property has become possible recently.
Details of this procedure are in the article “Registration of a parking space as property from 2021.”
When they can refuse
Registration of the right may be refused if the list of submitted papers does not contain the necessary certificates and extracts and if the procedure is not carried out by the owner of the object himself, and the representative does not have a power of attorney. And also when not all official owners of the property gave consent to registration.
It should be taken into account that the municipality can appeal the lease agreement through the court. This possibility is prescribed in the standard form of the contract. Therefore, when receiving land for lease, you should carefully consider the process of drawing up and executing it, regardless of whether it will be located under a garage or used otherwise.
The registration process, from collecting papers to visiting and bargaining with the municipality, is long and exhausting. However, its positive outcome allows you to freely dispose of the site without worrying about the municipality's plans in the future.
