Land for garage construction and privatization

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.

Site design options

A plot of land for building a garage can be taken in two options:

The first one is just to build, for this you need to get a building permit;
The second is to take and privatize the site and then build.

We will consider below how to take a plot of land to build a garage in both options. There is another option, for example, to put up just a temporary garage and then take a plot of land for it. There are several options here. In this matter, you just need to look at each case separately.

Attention: It is best when the land for the construction of a garage is taken and privatized together. Then this process will be easier and the price will be lower.

Reasons for privatization

Even if you own the land for your garage, you may not be making full use of it. Due to incorrect garage registration, the motorist turns from a theoretical owner into a practical user.

So:

If the garage was built independently, its subsequent operation will depend on the registration of the land underneath it (see How to register land for a garage). Ten years ago, such an object was subject to demolition. In such a case, the solution is to proceed in court, in which the ownership of the plot will be determined. But to go to court, you need to collect all the documents establishing the right to land.
The price of land for a garage is constantly increasing, which is also not recommended to let it get out of control. If the plot is not privatized and is leased, it is not known what specific amount its owner will expect when exchanging ownership.

Attention: Quite a lot of companies make money by issuing plots and registration, and you can resort to their services. Only this will cost much more. Doing the work yourself will save you that money.

And now instructions for registration in different versions.

Registration

Now, how to obtain land for the construction of a garage, first write an application for the allocation of land to the local government. If you want to borrow from a cooperative, then the management of the cooperative will also issue consent to the allocation.

In each region, the complete list of required documents is completely different. This list should be checked directly with local authorities.

General mandatory list of documents:

Statement	It is written personally or by the entire cooperative in which the owner of the car is registered. The application is submitted in the prescribed form to the local administration body.
Copy of the applicant's passport	If the application was submitted on behalf of the cooperative, then you need to collect copies of passport data from each applicant.
A copy of the certificate confirming ownership of the garage	If we mean cooperatives, you need to prepare copies of certificates from all participants.
Land lease agreement	A certificate from the Unified State Register (title documents) is required.
Cadastral passport of the plot	Please note that land surveying may not be done if the right to the plot is registered no later than October 30, 2001.

Attention: In accordance with legal regulations, copies of documents must be notarized. The application review period is 30 days.

No documents for a garage - garage amnesty

The essence of the garage amnesty. If your garage was built before the collapse of the USSR and you do not have a single document certifying your rights to the garage, then this law was created just for you. The garage amnesty will allow you to legally legitimize your ownership and dispose of your garage according to the law: sell, donate, inherit, sell. The format and procedure for legalizing a garage depends on the type of building:

The garage is built on a plot of land on your property;
The garage is located in a garage cooperative;
Garage in the courtyard of a multi-storey building;

Garage type:

Capital construction (foundation, walls, roof);
Metal garage (welded from sheet metal);

If your garage is welded from metal, you do not need to register it and register ownership of it.
Because it is easy to disassemble or transfer using a crane. A metal garage in the courtyard of a multi-storey building will only be available to WWII participants or disabled people. If you want to register a garage located on a plot of land in municipal ownership or belonging to another owner, the owner or administration may require that the garage be dismantled.

Recommendations

According to the Land Code of the Russian Federation, a car owner can own a land plot if he acquires ownership of it from municipal authorities. The price for such a plot cannot be higher than the cadastral value, but pricing in all other respects depends on the conditions of the local administration.

Privatization of a garage can be carried out in two directions: privatization of an individual object and privatization by a cooperative.

Let's talk about some of the most popular options for designing the land located under the garage:

Free to use. Among the experienced motorists are those car owners who were a little luckier during the Soviet Union. This refers to those owners of garages who have been allocated space for eternal use. If these car enthusiasts have a land grant certificate issued before October 30, 2001, they can privatize the land free of charge (see Privatization of land under a garage and all about it). Based on the law on dacha amnesty, privatization is carried out according to a reduced scheme.
However, when registering such a garage, nothing happens without bureaucratic tricks. An owner who wishes to formalize his construction in the prescribed manner will be subject to strong recommendations to become a member of the cooperative. This is where the pitfalls lie! The fact is that cooperatives are not covered by the dacha amnesty.

Attention: When joining a cooperative, the full owner will become, at best, a co-owner of the share. If everything is carried out successfully, then the biggest thing that awaits the former owner is to become a tenant.

If you fall for the tricks, you can prove your case in court.

Yard garage

In almost every residential area there are unauthorized portable garages. Local authorities are currently interested in reducing such structures. And if this garage poses a security threat or infringes on the rights of other persons, there is no need to think about privatization. This is enshrined in the norms of the Civil Code of the Russian Federation.

But if you need to allocate land for the construction of a garage and the land plot for construction is located next to a multi-storey building, this can also be solved.

Organize a meeting of residents, and if more than half of the owners agree to install a garage, you will have a real opportunity to implement this.
Then you need to submit an application for land surveying to the Cadastral Chamber, where you will receive an answer to the question about the possible registration of the land plot of interest.

Attention: When making a decision, the type of garage, proximity of communications, territorial interchange, and so on are taken into account.

Documents for registration of a garage

To register a garage under the dacha amnesty, you need the following list of documents:
Documents that can confirm the allocation of land or the garage itself in Soviet times or until 2004 inclusive.
Documents on the provision of a land plot to a garage cooperative, if the garage is located in it.
Layout of the land plot, if land surveying has not taken place on this plot.
Technical plan of the garage (signed by the cadastral engineer).

Is it dangerous to buy a garage in 2021?

Today people offer to purchase a garage with unfinished ownership documents from the pages of every auto section in the media and websites for drivers. However, in this case, you should take into account all the risks and pitfalls of a particular situation, calculating possible losses and ways to protect your own rights.

The positive aspects of such an acquisition include the following::

You can complete your purchase as quickly as possible. This means that very soon you will be able to use your own garage.
Typically, the price for such real estate is significantly lower than for buildings with fully completed documentation required by law.

Also, this purchase option can be useful if it is impossible to buy a garage and register ownership due to nuances that contradict current legislation.

Note

For example, such situations include the acquisition of garages installed in the courtyards of our multi-apartment panel buildings. After all, according to the law, such buildings can only be owned by disabled people.

However, when completing the transaction, both parties are required to take into account the list of possible risks associated with the transfer of property in this case. Namely:

Inheritance disputes that may arise after the death of the previous owner of the garage. Legal heirs have the right to demand the return of property if it was not formalized in the proper manner.
The object may be recognized as an unauthorized construction and removed. In this case, the lack of official documentation actually makes the “owner” powerless against the “letter of the law.”
Fraud. Perhaps the most common risk in our country is the danger of buying a garage from unscrupulous sellers. Quite often, such sellers simply submit a statement to the police about the appropriation of their property by the “buyer of the construction.”

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However, there are also opposite situations. For example, when the buyer of a garage purchases it to carry out illegal activities. In this case, all the bumps go to the owner of the property according to the documents.

Of course, this is only a small part of the risks that you have to face when selling and purchasing a garage without documents. That is why we highly recommend that our clients and readers take the design of a building seriously. If such a transaction is necessary, then calmly and thoughtfully analyze the situation, weighing all the pros and cons.

Experts on garage amnesty

“The big disadvantage of this bill is that, unfortunately, it was ten years late. There are few garage owners left in Moscow anymore. But for all other Russian cities, where they did not have such an intense struggle with garage owners, this means that you will receive the land under the garage, it will be your property.”

— Member of the State Duma Committee on State Building and Legislation, Chairman of the interregional public organization of motorists “Freedom of Choice” Vyacheslav Lysakov

“We have now begun to prepare another law - on garage associations, of which almost 37 thousand are registered, including those with their own roads, car washes and other facilities. The law will regulate the activities of these organizations and public facilities."

— Chairman of the State Duma Committee on State Building and Legislation Pavel Krasheninnikov

“The law is extremely relevant today and will affect many residents of the Moscow region. A garage is a specific piece of real estate; ownership of it does not automatically imply ownership of the land. And in order to legitimize this right, this law has been adopted, which will fully regulate this issue.”

— Chairman of the Moscow Regional Duma Igor Bryntsalov

“This is great orderliness in the state cadastral registration system. The law will protect owners from construction on this territory."

- Member of the Public Council under Rosreestr, representative of the self-regulatory organization "Association of Cadastral Engineers of the Volga Region" Dina Gaizatullina