Having the right to own a garage is completely different from owning the land on which it stands. It is important to obtain ownership of the land under the garage, because the land owned by the municipality can be transferred to other persons for use for their own purposes. How can you be sure that they won’t simply demolish all the buildings on it. The garage owner will only receive a meager compensation, which will definitely not cover the losses.
Is it necessary to register rights to the site under the garage?
According to current legislation, all transactions with real estate are considered legal only if there is a certificate of ownership of the territory occupied by the building.
Formally, when selling a garage, the land under it must also become the property of the buyer. Thus, registration of ownership of a land plot is of no small importance for the owner of the building located on it.
If the owner has not registered a plot of land as private property, he is deprived of the right to freely dispose of it:
- sell,
- present,
- rent out
- pass on by inheritance.
On an unregistered plot, you cannot dispose of the building at your own discretion - build a second floor, an extension or plan other reconstruction. All such actions must be coordinated with the local administration.
Land that is not registered in the ownership of a private person or enterprise is considered state-owned. If it is needed for development, local authorities can legally seize the site without paying compensation.
When allocating a certain territory to a construction company, the local administration sends a request to Rossreestr to identify the presence of owners of real estate located on it.
If there is no information in the state register that the plot has been registered as a property, the land is considered vacant. This also applies to the territory of the GSK.
The developer receives the right to demolish all structures on the allocated site. To do this, he notifies all owners of buildings about the need to dismantle them and remove their property. If its demands are not met, the construction company may open and demolish the garages. Only documents confirming ownership can stop this process. In this case, the construction company is obliged to buy the building and the land under it at market value.
Since a metal garage and other structures without a foundation and main walls are not real estate, they cannot be registered as property in Rosreestr, just like the land underneath them. Such objects are usually transportable, so they are easy to transport to another location.
You can learn about the features of GSK from the article “Garage cooperative”.
✅ Reasons for refusal
Transferring the land under the garage into private ownership is a responsible and complex process. Lack of legal knowledge and improper collection of documents can lead to denial of registration.
Why they may refuse:
- Discrepancies in cadastral documents
One of the most common reasons, especially regarding the design of land under garages. The situation is resolved as follows: the applicant writes an application to Rosreestr and invites an engineer to take repeated measurements. New information is entered into the garage registration certificate and the cadastral passport of the site.
- The land is in perpetual lease
Not all plots are subject to privatization. Moreover, this is not so much a violation as the desire of the authorities to use the land for the needs of the region. Sometimes the administration can also affect the garage. In this situation, an agreement on the assignment of rights to the building is concluded. The owner is paid compensation.
- The garage is not privatized
There are cases when they try to register land for unauthorized construction. Naturally, the housing department will refuse such an application. Before registering the plot, you need to privatize the building itself. Please note that a garage is an integral building with a foundation, load-bearing walls and a roof. Metal boxes and other buildings do not belong to this type of object - they are not privatized.
To summarize, let's say that the privatization of land under a garage in GSK is not the easiest procedure.
Owners of buildings need to hold a general meeting and submit a collective application. The territory will become shared ownership, and each co-owner will receive their share in it. The privatization of a separate building is carried out within the framework of Federal Law No. 93 “On the dacha amnesty”. Real estate is registered as personal property according to a simplified procedure. Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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Author of the article
Maxim Privalov
Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.
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Registration of land in GSK
Not all garage owners on the territory of GSK have title documents. Often they can only provide a membership card in the cooperative, which only gives the right to own and use the object. There is no legal way to sell such property.
Now let’s figure out how a garage cooperative can register ownership of the land in 2021 and become the full owner of the buildings and areas under them. If the garage is part of an indivisible complex (ICS), it is also considered indivisible. Consequently, its owner can only claim a share in the common property of the shareholders.
The decision to purchase an undivided land plot must be made at a general meeting of shareholders. One garage owner will not be able to buy the site under his building; all members of the cooperative must do this at the same time.
You must contact the local administration with the minutes of the meeting and wait for a decision. If the authorities respond positively, members of the cooperative apply to Rosreestr and become owners of a share of the GSK land plot.
Registration of land ownership in the GSK, if it is divisible, can occur on an individual basis, regardless of other members of the cooperative. The decision on the divisibility or indivisibility of the land plot under the GSK is made by local authorities. In the second case, it is necessary to seek the consent of all members of the cooperative.
Which garages are covered by the new garage amnesty law?
The garage amnesty applies to garages and garage boxes:
- built before December 30, 2004, that is, before the Town Planning Code came into force. (This date was set due to the fact that all garages built since 2005 must be officially registered).
- located on public lands (owned by the state, local authorities).
The garage amnesty applies to:
- Garages - capital construction objects (CCS) - with foundation
- Non-permanent garages are structures made of iron (shells, pencil cases) that do not have a strong connection to the ground.
However, land registration and the procedure itself are different for permanent and non-permanent buildings.
Registration of property rights
There are no universal step-by-step instructions for registering a garage as your property. It all depends on the specific circumstances.
Each member of the cooperative can individually register ownership of his garage, but not the land when it is indivisible. If at least one shareholder at the general meeting refuses to purchase the plot, the rest will not have the opportunity to purchase the land as their own.
Required documents
Before registering ownership, if the land is leased by GSK, the owner of the building needs to collect the following documents:
- Statement.
- Garage owner's passport with a copy.
- An extract from the Unified State Register of Companies about the right of GSK to unlimited use of land.
- Cadastral passport for a land plot. Done by cadastral engineers upon provision of title documents.
- Title documents: lease of land for a garage, and so on.
- A copy of the minutes of the meeting of members of the cooperative.
Benefits from garage amnesty
Having completed the documents for the garage and received an extract from the Unified State Register, the owner can sleep peacefully. The garage will not be demolished, the land will not be given over for development without consent. A registered garage will increase in price compared to a neighbor’s without documents, which means you can sell it more profitably, and also receive compensation if the land is used for municipal needs.
It would seem that everything is for citizens: assistance and simplified registration, free provision of land.
However, after the general registration of “ownerless” garages, the state will receive much greater benefits in the form of rent, additional fees for the use of land, land tax and property tax. The owner must spend money on preparing related documents, pay for the services of a surveyor and cadastral engineer for surveying and preparing a technical plan.
Expenses for privatization of the site
If the land plot was transferred to GSK for indefinite use before October 30, 2001, the privatization procedure is carried out free of charge. Otherwise, you will have to buy the land at its cadastral value.
Additionally, you need to pay for the registration of a cadastral passport and pay a state fee of 2000 rubles before applying to Rosreestr.
The cost of a cadastral engineer's services depends on the city and region in which the plot is purchased. Such specialists may be employed by government agencies or work privately.
✅ Deadlines
Privatization of land under a garage is considered a rather lengthy procedure. As practice shows, not everything depends on the applicants - sometimes deadlines are shifted due to interruptions in the work of government bodies. Delays in deadlines can be appealed to the higher authorities of the authority or through the court.
Approximate dates :
- Consideration of the application by the administration takes from 30 to 60 days.
- Land surveying – from 2 weeks to a month.
- Registration of rights in Rosreestr – from 10 working days (not counting holidays and weekends).
The general procedure for transferring land into shared ownership takes 2-3 months, but in some cases the time may be less.
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.”
Buying land to build a garage
It is not always necessary to first build a garage and then buy the land underneath it. There is also the opportunity to purchase it as property, and then begin construction. In this case, you must first make sure that the seller has documents confirming ownership.
If everything is fine with the seller’s documents, you can conclude a purchase and sale agreement with him, an acceptance certificate and go to Rosreestr to register the transaction.
Read how this happens in the article “How to buy land for a garage.”
