How to register a garage space: 3 points in the application

Allocation of land for the construction of garages

The allocation of land for the construction of garages should occur at the level of current legislation. It is not just the land that plays a role here, but also the building that is located on it. After all, there are also illegally erected buildings. Today we will talk about allocating land for the construction of a garage.

Obtaining land ownership

To obtain ownership of a plot for a garage, you must follow the following:

1. Today, many are excluded from the state register because they are registered as a legal entity.
2. Re-registration of all valid documents is required.
3. Since some do not act in accordance with the law and, when re-registering, leave the old name, the owner is faced with the problem of obtaining a certificate and measuring the plot.

As a result, it turns out that the plot of land was not allocated to this cooperative. Even if the owner goes to court, it is not a fact that the problem will be solved. This property is considered a self-built property. In order for the situation to be resolved, it is necessary to restore the legal entity. The solution algorithm is simple and will take a little time.

In many cooperatives, the dimensions of the territories of the constructed structures are not respected, while their owners have reason to believe that their property is legal, but this is a delusion.

Ownership of the garage is registered when the cooperative is united. List of basic design nuances:

1. The property must be joint, and there should be no division of shares. But this is done in the absence of a certificate and cadastral passport.
2. The share of the property must be determined, and the cadastre certificate and passport must be issued.

When registering shares, according to all the rules, you can transfer the territory from the owner to the buyer. But at the same time, all members of the cooperative must be notified. If the shares are not determined, then the same part of the property can be used.

The acquisition is carried out in accordance with regulations.

Receiving property

A garage building can be located on a private plot of land, as well as on a plot of land that is rented. A private plot of land has a number of advantages:

Also, a plot of land under a garage can be provided on a long-term lease basis. Typically, a lease agreement is concluded with state or local authorities

. The deal can be concluded for a period of up to 49 years.

The features of such a transaction are as follows:

There are two options for obtaining ownership of a plot:

1. Purchase land along with the building.
2. Having received ownership through the procedure of privatization of a land plot. This program has been extended until March 1, 2022.

In the case of the sale of the garage along with the land, the transaction is formalized in accordance with the provisions of Chapter. 30 of the Civil Code of the Russian Federation, regulated features of concluding a purchase and sale agreement.

Receive ownership rights free of charge, i.e. in the order of privatization, is allowed if it is provided to citizens on the basis of previously legal rights, which were canceled by the Land Code of the Russian Federation of October 25, 2001, which entered into force. In particular, this is the right of perpetual use and lifelong inheritable ownership.

If the owner has papers that confirm these rights (or it is possible to obtain them from the local administration), registration of the land plot is allowed free of charge.

However, the free privatization program is limited - until March 1, 2022. Plots were often allocated to garage cooperatives based on the two above rights.

The difference between registration and privatization

The privatization procedure represents the transfer of ownership of state property into private ownership.

The transaction is completed free of charge, i.e. change of ownership of real estate occurs free of charge, no payment is required.

However, the paperwork and registration procedure will require some expenses. Thus, in fact, privatization is not completely free.

Registration is a formalization of the transfer of rights on the basis of a civil law transaction, in which the parties are entities that have legal capacity in accordance with current legislation.

Such persons include:

1. Russian citizens.
2. Individual entrepreneurs and organizations.

That is, registration of legal rights is carried out on the following grounds:

• under a purchase and sale transaction;
• on the basis of a deed of gift;
• in order of inheritance;
• under a rent agreement;
• in any other manner provided by law.

Thus, the registration procedure must occur on the basis of a transaction for the disposal of property rights.

Legal acts

When purchasing land under a garage, you should be guided by the following regulations:

1. Civil Code of the Russian Federation;
2. Law of the Russian Federation dated July 4, 1991 N 1541-1 (as amended on December 20, 2017) “On the privatization of housing stock in the Russian Federation”;
3. Federal Law of July 13, 2015 N 218-FZ (as amended on August 2, 2022) “On State Registration of Real Estate” (as amended and supplemented, entered
   into force on September 16, 2022).

Ownership rights must be registered with the Rosreestr service, regardless of what served as the basis for its occurrence.

What documents need to be prepared

First, you should write an application to the territorially located authorities. When it comes to the algorithm for registering indivisible plots, all owners take part. This is also done by the administration of local authorities and Rosreestr.

The main document is an application, to which are attached:

1. A copy of the future owner's passport.
2. A copy of a notarized power of attorney, if necessary, to represent the interests of the owner by another person.
3. Extract from the state register of information on the object.
4. Cadastral passport issued by the territorial registration authority. Application to the structure is carried out on the basis of submitted documents.
5. A document evidencing the right to use for an indefinite period.
6. Rental agreement.

Within a month, the package of submitted documents is checked by local authorities. The decision on the right to transfer a plot is made for a specific person. The latter can subsequently use the site for its own purposes.

How to make a purchase

The most important conditions of any purchase and sale transaction, including a land plot, are:

• sides,
• subject of the contract,
• amount of payment.

We have already dealt with the subject and the parties, but now let’s find out how payment is made and which body is authorized to make decisions on the purchase/sale of real estate.

Read more about purchasing a plot of land to build a room for a car in the article “How to register ownership of the land under a garage.”

Which institution should I contact?

First you need to find a suitable plot of land and establish who owns it. If the owner is an individual, a purchase and sale agreement should be concluded with the person.

In this case, you must:

1. Make sure the land is legally owned.
2. Examine the owner's documents.
3. Check information at .

If the land belongs to the municipal authorities, an application is submitted to the local authority, which states:

• express a desire to buy a plot to build a garage;
• indicate its location;
• ask for approval of land allocation and tendering.

You should first clarify what documents are needed to register ownership of the land under the garage. After all, the positive outcome of the case depends on the correctness of their execution.

Having received the application, the municipality submits an advertisement to the local print media and to the Internet website about the proposed auction. Based on their results, land will be provided

.

If there are no others willing to participate in the auction, besides the applicant, the land will be transferred into ownership at its cadastral value.

Payment Methods

When purchasing a land plot, a standard form agreement is concluded in triplicate.

At the end of the text of the agreement, the seller’s bank details are indicated, to which the amount specified in the agreement must be transferred by bank transfer.

In some cases, payments may be made in installments.

About the redemption rules

How to formalize the transaction so that there are no problems in the future. To do this, it is enough to know some rules of redemption. It is necessary to have a state certificate of title to property - this is the only document required.

Ownership documentation is checked by specialists. The property is entered into the unified state register and the owner is issued a certificate. The buyer must be provided with free access to purchase. That is, one could freely go to the site and inquire about the property being purchased. To check the accuracy of information about documents, you need to pay 150 rubles to the Registration Chamber. Quite often they use simple actions when registering ownership of an object, that is, signing a purchase and sale agreement, a document that is not notarized. A certificate is still required.

More than half of the total number of garages is registered, the rest is sold after going to court.

The optimal solution would be to buy a garage and a plot of land at the same time. It turns out that the owner rents the property from the municipal authorities. The rental duration ranges from one to three years.

The most worthwhile transaction is the allocation of a plot of land for permanent use, that is, the privatization of the plot.

How to buy land for a garage

October 07, 2022 No comments

Many Russian citizens strive to have their own garage space for parking a vehicle and for auxiliary purposes.

However, if it is possible to build a garage building, but there is no land for this, you can purchase a plot of land to build a real estate property on it.

Where to go

To purchase a plot of land for a garage, you must contact:

1. The garage cooperative should ask if the land is available for rent.
2. Find out on the state register website confirmation of the availability of land.
3. Apply through the State Services website or personally go to the Registration Chamber with an application for the transfer of land into ownership.
4. Collect a package of documents and submit to the registration chamber to register the right to property of the object.

The appeal is provided to a territorially located body.

How to put up a garage

If ready-made garages are not sold near your house, then the main option to acquire your own building for storing your car is to build it yourself. Getting a garage space is not an easy task. In the capital it is almost impossible to do this, but in other cities it is quite possible. In this article we will not touch on construction and engineering aspects, but will look at the legal side of the issue.

Search for a site for construction

We have already written about how to register a parking space, now we will figure out whether it is possible to install and officially register an individual detached garage where it will be convenient for the car owner. You need to start by finding a suitable place for construction. The main requirement for the site is the absence of utility networks on it, below it and nearby. If water supply, sewer, gas pipes, power cables and other similar communications are laid underground, then no buildings should be erected above them or within a few meters nearby (the size of the right-of-way depends on the type of network). If the site you like is located in the local area, then the garage cannot be placed on the lawn, sports or children's playground, near a boiler room, transformer box, etc.

In order to find out whether the selected area has utilities, you need to request technical documentation from the local administration (it can be in the housing and communal services department, the department of the chief architect or the capital construction department). If there are no communications, then you can start searching for the owner of the land.

Determination of land owner

A site may have three options for ownership. The most common case is that the land belongs to a municipality, which is managed by the local administration. You need to contact the department/department of property/land/land use or directly to the head of the administration with a request to lease a plot for the construction of a garage on it for the purpose of personal non-commercial use.

The maximum lease period for land in Russia is 49 years, but more often plots are provided for a shorter period (from several months to several years), and the terms of extension are specified in the contract. The administration needs a short period to make it easier, if necessary, to oblige the tenant to remove his building from the land. You also need to keep in mind that lease agreements lasting more than a year are subject to mandatory registration with Rosreestr.

If the site is located on the local area, which is in common ownership of the residents, then permission to build a garage must be asked from the neighbors personally or at a general meeting. Everyone must agree, and if someone doesn’t want to see someone’s garage under their windows, then there won’t be one.

And the third option is that the site is privately owned. For example, this could be the land of an enterprise, a farm, or an ordinary citizen. Then you need to negotiate with the owner about whether it is possible to put a garage there and under what conditions.

Garage project

To obtain a building permit, you need to create a garage project. This is technical documentation describing the future building (dimensions, material of manufacture, design, method of opening gates, etc.) and its position on the site.

It is better to order such a project from organizations recommended by municipal authorities. They know most of the pitfalls. If you contact a random office, there is a higher risk that the project will be rejected.

The finished project must be agreed upon with the chief architect of the territory or an official performing similar duties. Once approved, a building permit is issued.

Construction of a garage

Having received approval from the administration, you can begin building the garage. It doesn’t matter who carries it out - a professional company or the car owner himself - the main thing is that the result complies with the project and does not violate any urban planning regulations.

Upon completion of the construction of the garage, it should be put into operation by passing the selection committee and drawing up the corresponding act with the local administration.

Construction status

Most of these actions are necessary for the construction of a capital structure - a garage, which will be considered a full-fledged piece of real estate. The main feature of such a building is the presence of a foundation. Such a garage must be registered in the Unified State Register of Real Estate (USRN), providing all title documents for the land, structure and cadastral plan of the property.

Light metal structures such as “shells” are not considered real estate because they are not connected to the ground and can be moved while maintaining their consumer properties. To install them, a flat piece of asphalt or a concrete slab is enough, although some make do with bricks dug into the ground in the corners of the garage. Permission from the authorities to install such a garage is not required. But you need to register the land under it - obtain consent for installation from the owner, arrange a lease or purchase the plot as your own. Therefore, the clause “Determination of the owner of the land” cannot be avoided here.

What happens if you don’t register anything?

There is an extremely high probability that an unregistered squatter building will be demolished (Article 222 of the Civil Code of the Russian Federation). Or rather, the one who built it will be obliged to demolish it or pay for the demolition. After making a decision, the local administration sends the owner of the unauthorized building a requirement to demolish it within a certain period (it cannot be longer than 12 months). If the identity of the owner is unknown to the authorities, then an announcement about the planned demolition of the unauthorized building is published in the local press and on the official website of the authorized local government body. Then either the owner will show up and receive a demand for demolition, or in two months the building will be demolished at the expense of the budget.

Moreover, the threat of demolition applies even to those buildings that were erected on a plot of land owned by the owner of the garage, if he did not receive permission to erect a capital structure or violated construction standards.

The law leaves the possibility of registering an illegal building if the owner has the right to build on this land plot (that is, the land is his property or leased), there were no significant violations of urban planning regulations during its construction, and it does not pose a threat to the life and health of citizens ( this is established by the examination), and also does not violate the rights and legally protected interests of other persons. Then the construction can be legalized through the court.

All of these steps seem very simple in theory, but they are extremely difficult to implement in practice. Moreover, difficulties increase in direct proportion to the number of residents of the locality. In the capital, a private garage is an incredible rarity; the emergence of new buildings is impossible. In small towns, the situation with vehicle storage depends on the policy of the administration, which sometimes finds it more profitable to rent out empty land on the outskirts and prohibit construction closer to the center.

Basic standards applied in the construction of garages:

• SP 113.13330.2012 “Car parking” (updated edition of SNiP 21-02-99). • GOST 30403-96 “Building structures. Method for determining fire danger." • SNiP 21-01-97 “Fire safety of buildings and structures” (as amended No. 1, 2). • SP 42.13330.2011 “Urban planning. Planning and development of urban and rural settlements" (updated edition of SNiP 2.07.01-89). • SNiP 2.04.05-91 “Heating, ventilation and air conditioning” (as amended No. 1, 2, 3).

Design algorithm

The registration procedure is carried out according to the following algorithm:

1. Select the desired site, taking into account the fact that it should not belong to a private person or be state property. Otherwise, you need to draw up an agreement to purchase the property. The price is initially determined by the predecessor.
2. Prepare a package of documents for registration of the plot: a passport from the citizen acquiring the right to property; area plan indicated on the topographic plan; power of attorney if another person is handling the paperwork.
3. To submit an appeal, you must go to the BTI. Other documents should be attached to the main document.
4. The verification will take at least one month.
5. This will be followed by a decision.
6. If the conclusion is positive, then an act on the object is drawn up. On this occasion, a specialist from the cadastral chamber is invited and measures the site, after which measurements are taken on the ground and a cadastral plan is drawn up.
7. After receiving the technical passport, you need to go to the Rosreestr to register the site in the state register. A cadastral number is assigned and a passport is issued.

Next, a garage is installed on the purchased property.

The procedure for purchasing land

To register ownership of a plot, you must complete certain steps.

In particular, the following series of actions:

Contacting your local administration

If it becomes necessary to contact local authorities with a request to transfer the land plot under the garage, the owner of the garage, as a rule, has the right to use it on the basis of a lease agreement or other legal rights.

In order to buy a plot from the state, you need to draw up an application for the transfer of this land into the ownership of a garage cooperative or the owner of the garage, with the further transfer of the land into the ownership of the GSK participants.

The chairman acts on behalf of all members of the GSK, as a person who can represent the interests of members of the cooperative without receiving powers of attorney.

Until 2022, it is allowed to register land plots provided to them until October 30, 2022, free of charge, into the ownership of individuals, i.e. until the new Land Code of the Russian Federation comes into force.

After submitting the application, you will need to wait for an official response, which is issued in writing, regardless of whether it is negative or positive. When making a negative decision, it must also be motivated.

When making a decision in favor of a citizen, you should collect the remaining documents and submit an application to the registration service.

Refusal may be made for the following reasons:

Often the local administration simply does not want to transfer land plots that generate income to the local budget into the personal ownership of citizens. This is what the refusal is associated with.

Collecting the necessary documents

To register ownership of the land under the garage, you should prepare a set of necessary documents, which include :

In addition, you need to prepare an application in the prescribed form. On behalf of the members of the cooperative, the application is submitted by the chairman, but if the garage is an individual building, then the owner of the garage personally.

For step-by-step instructions on registering the land under the garage as your own, see here.

The application can also be submitted through a representative. This may be necessary if the owner is unable to do this personally due to work or other reasons.

To do this, you need to contact a lawyer or realtor who provides such services. Or a citizen can issue a power of attorney for his relative, in which case he also needs to contact a notary.

Video: How to get land from the state. We select a free plot

Renting land for construction work

Today it is possible to obtain permission to build a garage. To do this you need to rent a plot of land.

List of subtleties of the procedure:

1. It is impossible to do without legal registration, since as a result the land becomes the property of a third party. Payment for use must be regular throughout the duration of the contractual obligation.
2. It is customary to put the land up for auction, after which a tenant is determined who undertakes to pay fees, but everything depends on the existing conditions of the executed transaction.
3. A representative from the municipality often acts as a lessor. For this reason, the territory of the site is put up for auction.
4. The sale of the land plot is excluded in this case, due to the fact that it was leased.
5. The plot can be given to other persons for use by concluding a sublease agreement.
6. Whatever the actions on the land plot, everything should be coordinated with the municipality.
7. The site is not allowed to be developed independently. The law does not allow this.
8. Significant attention should be paid to the rights, since the lessor can sell the plot at any time.
9. Timely payment of rent will make it possible to use the site without problems.
10. Preferential conditions are provided for veterans of military conflicts, but there are no benefits for pensioners.

Who can lease land:

1. Representation of state property ownership.
2. Representative from the municipality.
3. Entity.
4. Any citizen.

In any circumstances, it is necessary to request documents on the property rights of the object. When renting land outside the law of the person, there is no possibility of resale of the garage, and the real owner has the right to put the property up for sale. The most unpleasant situation is the sale of a garage without the knowledge of the tenant.

Permission to install a metal structure

Having a garage solves the problem of storing a vehicle. An installation permit is an official document that confirms the legal ownership of the building. Without such a document, it will be impossible to sell the property.

Registration of a building requires following a number of legal steps that will confirm ownership of the building.

A garage erected without permission is quickly identified by the municipality and can be demolished. The metal structure may not correspond to the architecture of the city, so it will most likely be demolished. The most inexpensive and easiest way is to obtain permission to install a metal garage.

Features of its installation:

• Permission to install a building can only be temporary.
• The garage is not a type of capital structure, and therefore does not provide for compensation.
• The lease period for a land plot is about three months.

The conditions for leasing a plot for permanent and non-permanent garages vary. Sometimes it can be difficult to obtain permission to install a “temporary structure” right in the courtyard of a residential building. A positive answer is influenced by the laying of communications, the location of hydrants, and the homeowner’s attitude towards the construction of the facility.

Drawing up a rental agreement

The lease agreement specifies all the nuances of using the garage, as well as the amount of payment to be made. During use, it is necessary to pay payments every month and ensure that the property is maintained in appropriate condition.

Some details of the contract:

1. One of the rental conditions is the description of the garage in the contract. It is necessary to indicate the address of the object, its parameters, the material from which the roof and walls are made, what doors are on the floor, and whether there is a pit for car repairs.
2. It does not matter who will perform the role under the contract: an ordinary citizen or an individual. A standard form for drawing up a contract can be found on the Internet.
3. It is worth knowing that the garage is a non-residential premises and all requirements are regulated by articles of civil legislation.
4. If the contract is concluded for a period of one year, then everything must be formalized at the state level. In connection with this circumstance, it is recommended to conclude an agreement for 11 months. This will eliminate unnecessary red tape.
5. Be sure to include a transfer deed confirming the acceptance and return of the garage to the owner.
6. The agreement begins from the moment both parties sign the document.
7. To park a car in a garage, the contract is drawn up in approximately the same form, and there are no significant changes upon conclusion.

Contractual relations consist of a description of the subject of the agreement, what is the amount of rent and the establishment of property rights of both parties, for what period of time the lease is granted and when the agreement terminates.

How to sell land for a garage

If the owner owns the land on which it was planned to build a box, but limited financial resources do not allow these plans to be implemented, one of the solutions is to sell the land for a garage.

This procedure must obey certain rules.

Legal purchase and sale transaction

Only privatized land can be sold. This is logical, because in order to sell a product, you need to own it

. In addition, the sale of privatized land makes the transaction itself not only legal, but also provides serious advantages:

1. Increases the value of the property being sold.
2. It will eliminate the need in the future to challenge the transaction in court or return money to the buyer.
3. Will increase the attractiveness of purchasing a specific plot. Any potential buyer of land for building a garage is interested not only in how much the land costs, but also in the availability of documents for the property
   . After all, if everything is not in order with the papers, he will have to run through the authorities to legitimize the acquisition.

Package of documents

To draw up a contract for the sale and purchase of a land plot, you need to prepare:

1. A document confirming ownership of the plot.
2. Passports and tax numbers of the buyer and seller.
3. Cadastral passport of the land plot.
4. Confirmation of payment of state duty (check).
5. Agreement in a prescribed form.

Land purchase and sale agreement

The land purchase and sale agreement has a standard form. This means that it cannot be changed

.
You can only fill in the empty spaces, defining the individual features of the transaction
.

A few words about taxes

The main tax on the land under the garage paid by each seller is personal income tax (NDFL). Its size is set at 13%.

However, there are two legal ways to reduce the fee:

1. Tax deduction. In the case of the sale of land, it is 250,000 rubles
   . This means that the specified amount can be deducted from the value of the property upon sale, and personal income tax can be paid on the difference. For example, if land is sold for 500,000 rubles, the tax amount will be: (500,000-250,000) x 13% = 32,500 rubles.
2. Deduction of expenses for the purchase of an object. Let's assume that the property being sold was purchased some time ago for 300,000 rubles, but the owner wants to sell it for 400,000 rubles
   .
   In this case, the personal income tax will be: (400,000-300,000) x 13% = 13,000 rubles
   . If the price of an object is lower than the cost paid for it, then the income is zero, so no tax is paid.

When paying the fee, you can only use one of the specified methods, but not two at once. The opportunity to use tax deductions is provided for all categories of citizens:

• for pensioners;
• for able-bodied persons;
• for those who inherited land and so on.

We recommend that you familiarize yourself in more detail with how tax is paid on garage sales.

What risks exist?

As mentioned above, the form of the agreement for the sale of a land plot cannot be changed, so you should pay special attention to the fields that the parties fill out independently:

• value of property and payment procedure;
• description of the land, its condition;
• restrictions on the use of the site;
• details of the document confirming the seller's ownership.