Privatization of the land under the garage is the only way to save it. From January 1, 2018, the procedure for the purchase and sale of garages located on municipal plots for indefinite use will change. The fact is that such land is not owned, is not displayed on a public cadastral map and does not exist on paper, so it is impossible to demarcate it.
But starting from 2021, all land plots are required to undergo a survey procedure and measure boundaries. Otherwise, it will be impossible to register a transaction with their participation, that is, it will no longer be possible to sell, rent out, leave as an inheritance or even donate such an allotment.
However, since the beginning of 2021, chairmen of cooperatives began to receive letters from municipal authorities demanding that they resolve the property issue. In some regions, scheduled and unscheduled inspections of Civil Codes by district police officers began, and control measurements of the actual occupied area began to be carried out and compared with that indicated in the documents on perpetual use. Fines are issued to a legal entity, but they are paid by all members of the garage cooperative.
And from 2021, the city administration will have every reason to recognize GSK as a squatter of the territory and demolish iron and brick garages, because construction on land without land surveying will also be prohibited. Privatization can solve the situation, but not all GSK chairmen and car owners want to register their property.
Why do the chairmen and members of the State Joint Committee oppose privatization?
An indefinite right to use land requires minimal taxes and the existence of the structure of a garage cooperative. The owner of an individual garage may not be a member of the cooperative and may not pay membership fees. With the emergence of property, the very concept of GSK may disappear.
The refusal to privatize is due to the reluctance of car owners to collect documents, travel to authorities and spend money on registration.
Some members of the cooperative do not want to pay taxes on land based on its high cadastral value and declare new property. Other GSK members appear in their garage once a year, do not actually use the premises and do not pay any membership fees. But the official ownership of this real estate will become a burden due to the emergence of new tax payments.
Today, the administration can at any time consider the issue of terminating the right of perpetual use and oblige GSK to carry out land surveying of the territory, and then register the plots as ownership or lease them. At this stage, the opinions of the members of the cooperative may be divided.
Why do you need to officially secure a garage space?
First, let's figure out why it is necessary to legalize the building. It is known that quite a lot of people prefer to build garages without permission. They don’t want to spend a lot of time and effort collecting all the papers, hoping that there won’t be any problems later. This is the wrong approach. Let's look at the main factors.
- Some decide to build a garage on their property. However, it will also have to be legalized if the owner wants to sell it.
- Nowadays there is little free space, and illegal buildings are quickly identified. Ultimately, the garage may be forced to demolish. Of course, financial losses in this case will be significant.
- The so-called “shells” are still very popular among the population. However, such a choice is almost guaranteed to lead to problems. At the moment, they are actively fighting against the shells: the owners are forced to demolish them, or the city authorities demolish them on their own. Shells spoil the urban landscape with their appearance and occupy useful space.
Of course, it is best to take care of the official registration of the space for the garage.
What is better: to privatize the land under the garage or to rent it?
Registration of a lease takes little time if the chairman of the GSK is responsible for all the bureaucratic part, and does not lead to additional property taxes. Monthly garage fees in this case are equivalent to membership fees and are imperceptible to car owners. But on the basis of Article 36 of the Housing Code of the Russian Federation, the owners of garages, and not the GSK as a whole, will have the priority right to lease, so after some time, car owners will have to independently enter into a lease agreement with local authorities, where the tenant will be a plurality of persons.
But such a deal has several disadvantages:
- there may be many owners of garages in GSK, which will complicate the process of registration and verification of all documents;
- some box owners may not appear on the territory of the GSK at all, although they are listed as their members, finding them will be problematic;
- not all garages in one GSK are used for their intended purpose, and the administration, based on official data on open shops, car services and car washes, can increase the cost of rent due to the conduct of business by at least one of the many tenants.
Therefore, every car owner will have to spend a lot of time and money to go through the entire procedure to the end. If so, then it is better to immediately register ownership of the land. Moreover, now the site will be privatized in a simplified form.
The procedure for simplified privatization of land under a garage, if it is located in a garage cooperative.
You may be interested in: where does the privatization of a garage in a garage cooperative begin?
1. Determination of land status
First you need to find out the status of the land. The necessary information can be obtained from self-government bodies and on the public cadastral map. This is especially true in the case of inheriting a garage. After all, the new owner may not know about the exact legal status of the site, and the testator may simply not have time to inform him of the matter.
If there is no information about the site on the map, then you will have to obtain a written refusal from Rosreestr to provide information about the status of the land.
2. Obtaining a cadastral passport
It will not be possible to privatize a plot without going through the land surveying procedure. If the GSK has already carried out land surveying of the entire territory without determining the internal shares, you can be guided by the Land Code and determine the boundaries of the site based on the capital structure standing on it, but it is better to carry out land surveying and obtain a separate cadastral passport.
If the GSK has not previously measured the territory, then when submitting a complex application for privatization, all participants in the GSK will have to receive a cadastral passport. The cost of this procedure varies depending on the region from 10 to 50 thousand rubles. The service includes the measurement itself, preparation of accompanying documentation and a cadastral passport. If some members of the cooperative refuse to pay, the remaining participants have two options:
- divide this amount among people who agree to the survey;
- seek a comprehensive measurement of the territory from the municipality.
The first option would be faster, since regional budgets do not have funds for measuring the territories of garage cooperatives; you can rely exclusively on federal subsidies, but they may come after the New Year. In reality, the main acceleration on the part of the administration will be a fine after 2021 and the official obligation of the GSK to carry out land surveying.
It will not be possible to reduce the cost or simplify the measurement procedure in any way. This is an inevitable expense item.
3. Submitting an application for privatization to a local government body
A sample cooperative application for the acquisition of rights to a plot can be downloaded from the Rosreestr website. Provided that the territory of the GSK is indivisible, it must be signed by all participants in the cooperative. The following documents must be attached to this paper:
- a copy of the applicant's passport;
- a copy of the certificate of ownership of the garage;
- EGRN certificate on the status of the land or a written refusal to provide such information, issued by Rossreestr;
- cadastral passport;
- a certificate of payment of the share, if the auto cooperative is registered with the tax authorities.
4. Site design
The municipality considers the application within 30 days after submission, and then transfers ownership of the site on the basis of the DCT.
As for the cost of privatization, participants in garage cooperatives formed before 2001 will only pay for land surveying. In other cases, the price specified in the contract is established by local authorities based on the cadastral value of the site.
Legislation
Privatization refers to the purchase of land from state or municipal property. Such a right is presented to a citizen once in his life.
Regulatory acts governing privatization:
- Land Code;
- Privatization Law of 2001 No. 178;
- Law on state registration of real estate of 2015 No. 218.
Important! The law prohibits the privatization of plots that are reserved for state needs. It can be transferred exclusively for use.
Arbitrage practice
In judicial practice, there are completely different cases of disputes related to the privatization and assertion of ownership rights of land plots under a garage. Some examples of this practice will help to avoid certain mistakes when registering a land plot.
You may be interested in what cadastral errors occur when determining the boundaries of a site.
Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated June 28, 2017 in case No. 33-13504/2017 Requirement: On recognition of ownership of the garage and land plot. Circumstances: Based on a resolution of the local government, the plaintiff was allocated a plot of land for the construction of a garage. The plaintiff, with his own efforts, erected a garage on this land plot, which he owns in good faith, openly and continuously, and bears the burden of maintaining it, but, having contacted the registration service, he was refused due to the lack of title documents. Decision: The requirement is partially satisfied.
Resolution of the Tenth Arbitration Court of Appeal dated April 13, 2017 N 10AP-3007/2017 in case N A41-33937/16 The claims for declaring the refusal illegal and the obligation to eliminate the violations were partially satisfied legally, since the disputed land plot is requested by the entrepreneur for the exploitation of real estate, belonging to him by right of ownership, as well as use in the garage, that is, not only for the operation of the relevant real estate objects, but also for carrying out a certain type of economic activity.
Resolution of the Ninth Arbitration Court of Appeal dated December 11, 2017 N 09AP-39581/2016 in case N A40-8440/16 The application to challenge the order of the Ministry of Defense regarding the inclusion of a land plot in the property subject to privatization was rightfully refused, since the documents submitted to the court for consideration do not confirm that the tenant has taken measures to bring the leased land plot into compliance with the requirements of current legislation.
List of documents and registration procedure
So, if you took ownership of the land before October 25, 2001, you can privatize the land for free (Article 23 3K of the Russian Federation), the rest will have to be purchased.
The payment for the plot is set as a percentage of the cadastral price, but not higher than its value. The documents are processed by the Property Relations Committee (hereinafter KIO). All the nuances of the transaction are recorded in the purchase and sale agreement. After completing the transaction, hurry to Rosreestr to enter the purchase data into the cadastre.
Based on the specific situation, the list of documents may be supplemented; we recommend that you clarify it with the KIO.
What else should you know?
You can start planning only after taking into account several important nuances. Here are the main ones:
- It will not be possible to gasify a garage. The boiler must be placed in a separate extension (with a volume of at least 15 cubic meters). In addition, you will have to obtain permission for this from Gorgaz.
- There must be at least 5 meters from the garage to the road. And between buildings - from 4 m or more.
- The living room should be at least 12 square meters. m. Bedroom – 8 sq. m. Kitchen – 6 sq. m. Bathroom and hallway - 1.8 sq. m. m. Toilet – 1 sq. m.
- If the garage is wooden, then there should be at least 15 m to the next building made of this material.
However, as you can see, there are no supernatural requirements. Nowadays gas is easily replaced by electricity, and the area is standard, as for a 1-room apartment. And it would be uncomfortable to live in housing with less space.
Comfort
Finally, a few words about whether a garage is an equivalent replacement for an apartment. Is it possible to live comfortably in it? Quite! And from the photographs presented above you can see this. At first glance, you can’t even believe that these are garages. Many apartments are inferior to them in terms of comfort and furnishings. But, of course, in order to furnish a garage comfortably and beautifully, you will need a lot of financial investment and patience.
However, from an ordinary “car house” you can make anything you want: a children’s room, a professional kitchen, a dance studio, a work office and even an art workshop. The most important thing is a competent approach, as well as the presence of imagination and quality materials. And received permission from the relevant authorities. But even without it, you can live in a garage, although without registration.
Turning to the law
First of all, Law of the Russian Federation No. 5242-1 of May 25, 1993 should be touched upon. It says that a citizen of the Russian Federation can be registered at the place of residence/stay, but only in the premises that are intended for this. That is, in residential real estate.
In this regard, the question arises: “It turns out that it is impossible to officially live and be registered in a garage?” Can! But it will have to be converted into housing so that it meets all the standards specified in the Housing Code of the Russian Federation.
Converting a garage into a living space
In order to convert a garage into a residential building and document it, it is necessary to comply with the requirements specified in Decree No. 47 of January 28, 2006. This regulatory act contains the following conditions:
- load-bearing walls must be functional even if defects and deformations appear;
- there should be no defects or cracks in the walls;
- rooms must meet SanPiN and fire safety requirements, being safe for permanent residence;
- the space must have good protection against leakage of water used in domestic activities;
- it is necessary that engineering systems are installed in compliance with the requirements of safety regulations;
- ceilings in the corridor must be at least 2.1 meters;
- living in basement or basement premises is strictly prohibited, which does not allow registration in a real estate property;
- rooms should be equipped with windows that provide sufficient illumination from natural light sources.
These requirements will require large financial investments from the owner of the object, but this will give the necessary result.
