Registration of parking space ownership in 2021

Since the new year, the status of the parking space has changed; it has become an independent piece of real estate. Owners of shares in previously built parking lots can separate their parking spaces from the common property.

Until recently, when purchasing a space in an underground parking lot under a residential building, buyers received a share in a non-residential building, which included parking spaces. It was impossible to understand where exactly the purchased parking lot was located. And if a parking space needed to be sold, this required the written consent of the remaining owners of the parking spaces.

From January 1, 2021, a parking space became an independent piece of real estate. In new parking lots they have their own numbers and clearly defined boundaries. Buyers can have full control of the parking lot without obtaining permission from anyone. At the same time, owners of shares in complexes built up to this point have the opportunity to allocate their parking spaces in the parking lot and register ownership of them.

As explained in Rosreestr, if a parking space meets the necessary requirements, each participant in common ownership has the right to allocate his share, establish its boundaries and, in accordance with Federal Law No. 218-FZ, register ownership of the parking space.

“In order to allocate a parking space from common ownership and register the right to it, it is not necessary to obtain the consent of the remaining participants in shared ownership, provided that the owner of the share can provide Rosreestr with an agreement of co-owners or a decision of the general meeting, which determines the procedure for using real estate located in common ownership property,” says Natalia Zaitseva, head of the department for registration of mortgages, registration of equity participation in construction, registration of rights to non-residential objects of the Rosreestr Office for the Krasnoyarsk Territory.

What is a parking space?

Registration of ownership of a parking space is carried out if it is part of a structure or a specially designated area for storing vehicles. It must have clearly recognizable boundaries in the form of structural elements of the building or markings.

The exact coordinates of the location of the parking space are entered into the real estate register. You cannot register ownership of parking spaces:

in the courtyards of residential buildings;
on roadsides;
other public parking areas.

Previously, it was only possible to register ownership of a parking space in an underground parking lot or in another structure with solid walls: garages, boxes, multi-level parking lots. Currently, it is possible to legally own a parking area without walls, marking its boundaries on the ground, provided that it is registered in the Unified State Register of Real Estate.

Registration of such a property is carried out in addition to the registration of a capital structure, part of which is a parking space.

Barriers, driveways, lighting devices and various communications are the common shared property of the owners of parking areas.

Changes that have been awaited for a long time

The legislation determines that a parking space is now considered a separate type of property. Previously, the situation was quite difficult. Those who had rights to a parking space were considered the owners not of an individual space, but of a share of the parking lot. That is, if there were 100 places on it, then the property had a 1/100 share. The owner of such a share could not carry out cadastral registration, since legally this type of real estate did not exist. But this was not the biggest problem; the main difficulty arose when the “owner” tried to sell the parking space. According to the law, he had to notify all shareholders in writing, and these were hundreds of people, as a result, the process dragged on for months. However, a solution was found - they began to draw up a deed of gift.

Now the changes to the Civil Code have been adopted, and they are in effect, so it is possible and necessary to register the ownership of a parking space, and we will tell you how to do this.

Important! Do not forget that after registration of ownership rights, there is an obligation to pay property taxes, and this must be done every year.

How to get a license for a parking space

Registration of parking ownership is carried out according to the standard procedure. The developer or owner of real estate must submit an application to Rosreestr to register the property and register ownership, attaching title documents.

In order for the registration procedure to take place, the property intended for storing a car must have the following size restrictions:

minimum 5.3x2.5 m;
maximum 6.2x3.6 m.

Decorating a parking space in the yard

The adjacent territory is the common shared property of the residents. Therefore, before you arrange a parking space in the yard, you must take the following steps:

Conduct a general meeting of apartment owners, elect a chairman and, by voting, make a collective decision to transfer part of the local area into private ownership for car parking. To make a decision, it is enough to ensure the presence and consent of half of the residents.
If a positive decision is made, draw up a document that is signed by all those present. You should contact your local cadastral registration office with this document and call an engineer who will carry out measurements, calculations and other procedures. His services are paid for by apartment owners.
The cadastral engineer will draw up a diagram of the area allocated for parking. The representative of the residents, represented by the chairman of the meeting, with this document, as well as with his passport and certificate of ownership of the residential premises in the house, must again contact the cadastral registration authority to enter the site into the state register.
After receiving the site design from the cadastral engineer, you need to contact the city administration for permission to carry out work.
As soon as the administration issues permission, further actions should be coordinated with the Rospotrebnadzor authorities.
Having received all permits and approvals, you can begin fencing the territory, installing barriers, marking, and so on. Payment is made at the expense of the apartment owners.

If the local area is not registered as common shared property of residents, its legal owner is the city administration. In this situation, it is necessary to conclude an agreement with her on the lease of a plot of land for the arrangement of parking spaces.

Parking for disabled people

Separately, it is worth mentioning how to arrange a parking space for a disabled person. Markings and road signs designating parking spaces for people with disabilities are mainly placed near buildings that are cultural or social facilities.

According to the law, 10% of the total parking area should be reserved for the use of people with disabilities. The seats are located closer to the entrance to the building.

This requirement applies only to non-commercial public parking lots. When it comes to the local area, it does not apply.

If the site is a common local area of the residents, the issue of allocating a parking space for a disabled resident is decided at a general meeting. The result directly depends on the level of compassion of the meeting participants for a person with disabilities, for whom a car is an important condition for leading a full life.

Unfortunately, residents are often only concerned with how to park comfortably themselves every day, and not with the daily difficulties of a disabled person. In the absence of support from neighbors, a disabled person cannot legally obtain a separate area in the yard for his car.

Privatization from the legislator's point of view

All the nuances of designating parking spaces in the yard as private are regulated by law:

Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ;
Government Decree No. 1090 of October 23, 1993 “On Traffic Rules”;
Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991 N 1541-1;
Federal Law “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” dated July 3, 2016 N 315-FZ.

All owners of apartments in the building have the right to privatize a parking space. When purchasing housing, citizens receive this right automatically if the territory near the house belongs to all residents on the basis of common shared ownership.

Parking spaces were recognized as full-fledged and independent real estate objects only from January 2021 (Federal Law No. 315-FZ of July 3, 2016), after which car owners received the right to fully dispose of specific parking spaces - sale, gift, inheritance, etc.

It turns out that in order to privatize a parking space, you need to go through the standard process of privatization of a newly created object - the developer or the owner himself must register the parking space with the cadastral register, register his ownership there, collect the entire package of required documents and pay a tax fee (duty).

Package of documents

You should know what documents are needed to register ownership of a parking space. To do this you need to have:

title documents: purchase and sale agreement or share participation in the construction of a structure, certificate of inheritance, deed of gift;
technical plan of a building or allocated plot, drawn up by a cadastral engineer;
owner's passport;
a receipt for payment of state duty in the amount of 2000 rubles;
a notarized power of attorney, if registration is made through a representative;
act of acceptance and transfer.

Confirmation of the fact of transfer for use to the owner of the property by the seller or developer is the acceptance certificate. It must be drawn up to document the fulfillment of the terms of the contract.

There is no strictly defined sample of the acceptance certificate for the transfer of a parking space. The document is drawn up in typewritten form in three copies - for the seller, the buyer and Rosreestr.

When drawing up the transfer and acceptance certificate, the following structure must be observed:

At the beginning of the document, indicate the date of preparation, its number and the number of the agreement to which it relates.
Enter the details of both parties to the transaction (full name and passport details), as in the contract.
Describe the property in detail: address, area, wall material, etc.
Indicate the cost of the object.
At the end of the act, affix the signatures of the parties with a transcript.

Submitting documents for registration

Before registering a parking space as your property, you should prepare the necessary documents and find out the address of the Rosreestr department.

You need to contact the registration authorities not at your place of registration, but at the location of the property.

For example, if the owner of a property is registered in St. Petersburg, and a parking space is purchased in Moscow, then he must contact the Moscow office of Rosreestr.

It is possible to submit an electronic application through State Services, and then, on the appointed day, appear with the original documents and receive a certificate of ownership.

If you do not have a personal account with a confirmed status, you can immediately go to Rosreestr, having previously made an appointment by phone, or contact the nearest Multifunctional Center.

Grounds for refusal

The applicant may be denied registration of property rights in the following cases:

If the applicant does not have the right to use a parking space;
The documents provided do not correspond to reality;
The state duty was not paid;
The future parking project was drawn up incorrectly. For example, its area extends to someone else’s local area;
The area of the place is less or more than the norms established by the legislator.

In such situations, the privatization process is suspended, but not more than for 3 months.

Buying a parking lot

Since a parking space can now be registered as separate real estate, the owner has the right to freely dispose of it.

In newly built residential complexes in large cities, developers sometimes provide parking spaces in advance for future residents. Venues are purchased separately from apartments at an additional cost.

A building for cars is sometimes built as a separate building next to a residential complex, where anyone can purchase a small area to park their car.

For details of the process of searching and purchasing such real estate, read the article “How to buy a private parking space.”

Underwater rocks

In addition to the advantages - having your own parking space, no quarrels with neighbors, etc., there are also disadvantages:

Increase in utility bills. The percentage depends on the area of the parking space;
The need to pay taxes. Since a parking space is a full-fledged piece of real estate, it is subject to taxation. Its size is 0.3% of the cadastral value of the plot;
High costs for the procedure. Duty, specialist services - all this can be expensive.