How to register a garage as a property under the garage amnesty in 2021?

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What is the law about?

The adopted legal norm is aimed at regulating the activities of cooperatives and private garages. From September 1, 2021, each user of an unregistered object can officially register it in his or her own name according to a simplified scheme. The same applies to the land on which the garage is built. The procedure will be extremely simple, and most of the paperwork will be taken care of by local governments.

Important ! The owner of the garage does not buy the land from the municipality or the state, but registers it in his own name for free or leases the land.

The main advantage for the garage owner is that he can legitimize the property and dispose of it in the future at his own discretion: sell it, leave it as an inheritance or give it as a gift. Without the consent of the owner, the garage does not have the right to demolish, and in the case of construction of a road or housing, the citizen will receive financial compensation.

The state is also interested in the development of this law. In the Russian Federation there are no legal norms that would control the work of garage and construction cooperatives. According to official data, there are about 4.5 million unregistered garages in the country that do not belong to their users. But in reality there are many more such objects.

The new law makes it possible to simplify the registration of real estate and become its full owner. These measures are beneficial to the state: taxes are charged on registered garages and the land under them. Another advantage of the law concerns the issue of improvement and safety of buildings (it is not always known who is the owner of the garage, who is responsible for the order on the territory, etc.).

Important norms regulated by the law:

If the object was built and legalized before September 1, 2021 and is registered according to documents as a garage box, it is considered a garage.
Garages that share a common wall and roof are also considered separate buildings.
The payment for a plot leased under an amnesty cannot be more than the land tax.
The garage plan must include parking areas and garages for people with disabilities.

The validity period of the law is from September 1, 2021 to September 1, 2026.

Possible difficulties during privatization and legislative deadlines

You can transfer a garage and other construction projects for economic purposes to private ownership free of charge. The owner's costs are limited to the payment of fees and costs associated with collecting documents.

The law has been extended for the fourth time. Despite the absence of fees for changing ownership, citizens do not rush to government agencies with documents. According to statistics, 20% of outbuildings still do not have a cadastral number.

The main difficulties in the question of how to privatize your garage arise at the stage of collecting documents. Some of the required papers may not be in the hands of the citizen, and obtaining them is a difficult and lengthy process. Particularly difficult is the registration of buildings erected in the “wild 90s”, when property rights did not have clear legislative regulation.

Depending on the nature of the construction, garages are divided into two types: free-standing and connected into a single structure by common walls. In the first case, the owner has the right to independently implement the procedure for changing ownership; in the second, good will and desire to act on the part of all members of the cooperative are required.

Who can use it?

Main requirements for registration:

A necessary condition is the construction of the building before 2004, that is, before the adoption of the Town Planning Code. The amnesty does not apply to garages built after this date.
The garage should consist of only one floor and should not contain living rooms. The facility can be built as a separate building or part of a garage and construction cooperative. An important condition is confirmation of the status of a permanent structure (the garage must have walls and a foundation).
The land on which the garage is located must belong to the state or municipality.

Important ! When registering, look at the date of construction, not purchase. The heirs of the garage could receive it both before and after 2004, but it is important that the object was built before the end of 2004. Therefore, they will have to document this fact.

What real estate is not included in the amnesty:

Garages that appeared after 2004.
Unauthorized buildings.
Shells are collapsible metal structures.
Underground garages in office complexes and multi-storey buildings.
Extensions to other objects: store, house, car service building, etc.

Who is eligible for the “garage amnesty”:

Owners of properties that were built before 2004.
Heirs of garage owners.
Buyers who purchased the property from the original owner.

Important ! Regional administrations must prepare a plan for the placement of garages for disabled people. Moreover, they are allowed to use non-permanent structures.

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DOCUMENTS FOR REGISTERING A GARAGE FOR CADASTRAL REGISTRATION

To obtain a garage license, you will need the following documents:

Application with a request to register the object.
Owner's passport.
Technical passport for the construction. This is an important nuance, because the garage must be built taking into account current rules and building codes.
Documentation confirming ownership of the land plot under the object.

The construction of a garage for a car on your own land is permitted in the following cases:

The territory of the allotment was originally intended for dacha construction or gardening activities.
A garage is built on land owned by a person.
In the case of a lease, the contract must contain a clause regarding the possibility of construction on the site.
Based on the characteristics of the allotment, the construction of an object for individual housing construction is allowed.

If the owner is a member of the cooperative, an additional package of papers will be required, namely:

Cadastral passport for the building.
Title papers for the storage area under the garage.
A certificate bearing the signature of the Chairman of the GSK. It testifies to the fact that a person is a member of the community and has fully fulfilled his obligations to it.

Required documents

To register property, you need to contact the local administration. The main advantage is that you can provide any certificate that will prove that you own the property.

What documents are needed for the “garage amnesty”:

Any certificate from the administration about the provision of space for a garage.
Any document from the company where you worked and which allocated the land. For example, a certificate from a plant, factory, collective farm, etc.
Any document about shares in a garage cooperative.
Documentary decision of the cooperative meeting at which you received the garage.
Technical plan of the facility.
Technical passport (you can apply for it at the BTI).
Cadastral plan of your site and its schematic location.
Receipts for payment of any utilities, connection to various networks, etc.
Certificate of inheritance of the garage (if it belonged to your relatives).

Important ! Authorities of different regions may make their own demands for lists of documents. Be careful.

All certificates must be submitted to the district administration or the MFC. They themselves submit the following applications to Rosreestr:

about preliminary approval;
on the transfer of ownership of land.

There is no need to pay state duty. In addition, most of the documents are prepared by local authorities. You can contact Rosreestr yourself, but this service is paid: 350 rubles for real estate and 350 rubles for a plot.

As a rule, registration of a plot and registration of rights to a garage and land occur simultaneously. Waiting time is about 20 days.

Important ! After registration of rights, the state assesses taxes.

Another advantage of the bill is the provision of funds from the budget to pay for the services of cadastral engineers for the “garage amnesty”. In some regions, a maximum maximum cost for such work has been established; in others, garage owners can call cadastral specialists for free. For details, contact the city administration.

Why privatize an outbuilding?

Re-registration of the owner seems to citizens who are far from administrative and economic issues to be a waste of time, money and effort. Practice demonstrates the opposite: listing a garage in the Unified State Register means many advantages for the actual owner:

The risk that the state will deprive a person of a building for a pittance of compensation is reduced to zero. From the moment of registration of rights, alienation of property is possible only in court on a compensation basis.
A citizen can make any transactions with the building: sell, donate, inherit, exchange.
The actual owner eliminates the risk that the owner of the land under the construction (the state) decides not to renew its lease.

A registration certificate is a reliable confirmation of the legitimacy of the building and its ownership by a specific person. The presence of such paper will save the citizen from possible disputes and claims from third parties.

note

The only reason forcing citizens to think about postponing privatization is the tax that is paid annually on owned real estate.

Decor

Let's look at the action plan step by step.

Contacting the administration and collecting a package of documents

You will learn from local authorities how the “garage amnesty” will be implemented, taking into account a specific region. Perhaps the registration process will take place on an individual basis, or local authorities will organize a joint effort. The second option will make the task much easier for garage owners.

You can use the law if:

the cooperative that allocated the property to you is closed;
the land was leased to the cooperative or for permanent use;
the site is not registered;
the garage belonged to your relatives, but they did not have time to register your inheritance;
The garage salesman died.

Collect a package of documents and move on to the next point.

Finding out the status of the land

You should find out whether the boundaries of your site have been established and whether it is registered. This fact can be found out in the following organizations:

MFC.
Rosreestr. On the public map you will find information about the areas that are demarcated.
Cadastral Chamber.
Local administration.
In offices for cadastral work.

If the boundaries are established and the site is registered, you can contact specialists for a technical plan of the site. Otherwise, it is necessary to form a section.

Formation of the site

To do this, you need to check with your local administration for information about the land surveying project. If it was, then there is a document that defines the boundaries of the plots. If land surveying has not been carried out, this will need to be done with the help of cadastral organizations.

Submitting an application for preliminary approval

The application is submitted to various authorities. It depends on which government agency owns the site. If it’s municipal or state, they go to the municipality; if regional, they turn to regional authorities; when the property belongs to the Federation, an application is submitted to the regional department of the Federal Property Management Agency. It is reviewed within a month.

Preparation of survey and technical documents

Having received preliminary approval, you can order the necessary certificates from the cadastral organization. Once they are ready, move on to the next step.

Transfer of documents to Rosreestr

There are three ways to register your plot of land:

through the MFC;
in electronic form through the Rosreestr portal (an electronic signature will be required);
through the cadastral organization that prepared the documents.

After these steps, you receive a certificate from the Unified State Register of Real Estate for the land under the garage. You can pick it up through the MFC or Rosreestr.

Registration of property

This is the final stage in the registration of the “garage amnesty”. The following documents are sent to the administration:

for real estate;
decision on approval;
certificate from the Unified State Register of Real Estate;
technical plan for the garage.

This is where your actions end. Next comes the administration. First, she decides to register the land for official use free of charge. After this, he submits applications to Rosreestr for property registration. If approved, he provides documents from the Unified State Register of Real Estate, according to which you officially become the owner of the garage and land.

“Garage amnesty” is a beneficial law for garage owners. It allows you to register ownership of an object for free in order to officially dispose of it. If you want to legalize your buildings, now is the best time for this.

Validity period of the cadastral passport

The cadastral passport is not limited by its validity period. It must be reissued only in exceptional situations or when the form is damaged. If reconstruction or redevelopment work has been carried out in the box, the passport must be changed. At the same time, it is impossible to make a transaction with a garage that does not have a cadastral passport for the land underneath it.

As a result, it is important to make a cadastral passport in advance. It is one of the necessary documents for transactions with a garage. Even if there is no need to sell it, the document will be required to formalize ownership and confirm it in court if a dispute arises.