Problems with finding a free parking space are familiar to all car owners, especially residents of big cities. Even an underground parking lot did not save us from these difficulties - even after purchasing a space in it, it was not clear which particular plot belonged to the buyer, and in order to sell one’s share it was necessary to collect written consent from all owners of the remaining plots, or by registering a deed of gift.
Subsequent changes in legislation improved the situation of car owners, giving them the right to privatize parking spaces.
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).
Appeal to the Council of Deputies regarding the creation of a parking lot
The list of documents required to allocate a parking space may differ depending on the region or locality. Since certain requirements for the use of local areas are enshrined in local regulations.
In this regard, when initiating the process of registering land plots located next to an apartment building, check all the requirements with the local administration.
If the issue is considered positively, the local government body or the council of deputies will send you an appropriate response. The period for consideration of applications for the allocation of plots of adjacent territory is 30 days. In case of refusal to provide a parking space, the authorized body is obliged to give a reasoned explanation on the basis of which this decision was made.
Grounds for refusal to provide ownership of parking spaces:
- the presence of erroneous information in the project documentation (the rules for unhindered entry into the local area are violated, the boundaries of the site affect the territory of a neighboring apartment building, etc.);
- non-compliance of design documentation with urban planning standards.
In some situations, the parking design must be agreed upon with the Rospotrebnadzor department and the Ministry of Emergency Situations. The need for these actions will be advised to you by the municipal administration or the council of deputies.
After receiving official permission to place parking spaces, work on organizing the construction of a parking lot. Discuss the choice of a contractor at a general meeting of owners of the premises of an apartment building.
What the law says
The rules for the privatization of parking lots are specified in Federal Law No. 218-F3 “On State Registration of Real Estate”. So, to start the registration procedure, you need to check that all conditions are met:
- compliance of the parking area with the standards established by law;
- obtaining written consent from the owners of the remaining places;
- the area must be separated from the rest by special marks (for example, a number);
- parking space must be organized taking into account all legal requirements;
The standards establishing the size of parking spaces were introduced by Order of the Ministry of Economic Development of Russia dated December 7, 2016 No. 792, which came into force in January 2021:
- minimum - 5.3 by 2.5 meters;
- maximum – 6.2 by 3.6 meters.
It is important that the common property of the residents includes all communications (barriers, driveways, lighting).
A representative of the Cadastral Chamber told how to properly register a parking space as property
The new law “On State Registration of Real Estate,” which came into force on January 1, 2021, has introduced changes that are perhaps relevant for every car owner, this applies to parking spaces in underground parking lots of apartment buildings, business centers, and other buildings and structures. Natalya Badulina, Deputy Director of the Cadastral Chamber for the Kaliningrad Region, talks about what can be considered a parking space, its permissible dimensions, how you can register a parking space as your property, and where you need to apply for this.
– Natalya, tell us in more detail, what can be considered a parking space?
– A parking space is understood as a specific part of a building or structure intended exclusively for accommodating a vehicle, which is not limited or partially limited by a building or other enclosing structure. This innovation in legislation does not apply to parking spaces in courtyards, on roadsides or surface parking lots.
Previously, owners could not allocate parking spaces to separate real estate properties; at best, they were registered as shared ownership. With the assignment of a separate status to a parking space, owners can now register their ownership, which gives them the opportunity to further dispose of the right at their own discretion, for example, sell, donate, lease, mortgage or bequeath, without obtaining the consent of other owners.
– But, for example, in the courtyard in front of the house there is an asphalt area on which the residents of the house park their cars. Can this be called a parking space? Can I register it as a property?
– Based on the current legislation, parking spaces that are located near apartment buildings on asphalt areas cannot be identified as parking spaces, since the law has allocated parking spaces as an independent property only to those located directly inside a building or structure. Parking boundaries are not established in accordance with the requirements for state cadastral registration.
Accordingly, a parking lot (parking space) is part of the street network, usually located, including within the courtyards of apartment buildings, is not a real estate property, and it is impossible to register ownership of them.
The basis for organizing an individual parking space in the yard may be a decision of the general meeting of owners of the premises of an apartment building, but only if the land plot on which the house is located belongs to the owners of the premises in this building on the right of common shared ownership.
– What is the procedure for registering such objects as property?
– Since a parking space is recognized as an independent piece of real estate, a standard registration procedure is now used.
If this is a newly created multi-apartment residential building, put into operation after January 1, 2021, which includes parking spaces, then the responsibility for registering such objects with the cadastral register lies with the body that issued permission to put the apartment building into operation. The future owner can only apply to Rosreestr with an application for state registration of the right to a parking space, submitting a share participation agreement, an acceptance certificate, and paying the state fee, for individuals this is 2,000 rubles. After state registration is completed, the applicant receives an extract of registered rights, and from that moment he becomes the owner of the parking space.
– These are new objects, but what should those who previously had a registered right of shared ownership in the parking lot do?
– If, before January 1, 2021, the owners in the Unified State Register of Rights to Real Estate and Transactions with It had shares in the right of common ownership of premises intended to accommodate vehicles registered, each participant in the common shared ownership has the right to allocate in kind their shares by defining the boundaries of the parking space, as well as registering ownership of the parking space.
To do this, shareholders must contact a cadastral engineer, who will prepare a technical plan of the property with a definition of the boundary of the parking space so that it can be identified, and accordingly register the object with the cadastral register, and also apply to Rosreestr with an application for registration of ownership of the car -place, providing the appropriate agreement or decision of the general meeting of co-owners, which determines the procedure for using real estate.
– Tell me, what should those who previously registered their right to an underground parking lot as non-residential premises do? Do they have the opportunity to change this information?
– There is no need to replace previously issued documents for non-residential premises in a parking lot if it meets the requirements and characteristics of a parking space, i.e. is a place intended solely for the placement of a vehicle and the license was registered before January 1, 2021.
At the same time, if the owner wants the information on his property to contain information about a parking space, then he has the right to submit to the registration authority an application to take into account changes in the information of the Unified State Register of Real Estate in terms of bringing the type of property in line with the requirements of the new legislation, by presenting your title and title documents for non-residential premises.
– How are the boundaries of the parking space determined? Are there any legal limits for parking spaces?
– The boundaries of the parking space are determined by the design documentation of the building, structure and are designated or secured by the person constructing or operating the building, structure, or the holder of the right to the parking space, including by applying markings to the surface of the floor or roof (paint, using stickers or other means).
As for the dimensions for a parking space, they are established by order of the Ministry of Economic Development, so for one parking space there are:
— minimum permissible dimensions – 5.3 x 2.5 m;
— maximum permissible dimensions – 6.2 x 3.6 m.
However, if the owner of a property that meets the requirements and characteristics of a parking space, and the rights to which were registered before January 1, 2021, when allocating a parking space in kind, a discrepancy between the size of this parking space and the minimum or maximum permissible dimensions is revealed, established today, then this circumstance will not be a basis for refusal to register an object for cadastral registration, incl. registration of rights.
– Where can citizens find a cadastral engineer who will prepare a technical plan?
– On the Rosreestr website there is a service called “Register of Cadastral Engineers”, using which you can find all cadastral engineers of the Kaliningrad region indicating their telephone numbers. This service also displays the rating of cadastral engineers, which allows you to judge the quality of their work.
– Do you think innovations regarding parking spaces will have a positive impact on car owners?
– It is worth noting that the innovations that came into force on January 1, 2017 have a generally positive effect:
– firstly, the owner absolutely legally has the opportunity to rent out his parking space under a contract as a separate object;
– secondly, the owner now has legal security to carry out the purchase and sale transaction of his parking space as an independent piece of real estate;
– thirdly, the opportunities for businesses owning such real estate in terms of attracting credit funds have expanded;
– fourthly, in general, the stability of the civil legal circulation of parking spaces has been ensured.
– Where should owners apply to make changes to the USRN information?
– Residents of Kaliningrad can contact our office for receiving and issuing documents, located at: Kaliningrad, sq. Kalinina, 1-7, or to any office for receiving and issuing documents of the MFC in the Kaliningrad region.
– If citizens have additional questions, tell me where they can go for more detailed advice?
– For more information on any questions you may have, you can consult by calling the phone number 30-51-50, asking to be connected with the department of accounting and registration actions No. 2, or make a personal appointment with the head of this department, which is carried out twice a month on Tuesdays from 10.00 to 13.00.
How to complete the privatization procedure
The algorithm for transferring a parking space into private ownership is specified in the 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. The main requirement of Article 6 is the presence of boundaries at the parking space.
To establish boundaries, you need to mark them (for example, with stickers or special paint) and draw up a technical passport for the object. Cadastral engineers will help with this.
Before starting the procedure, you need to go through the following steps:
- Gather all owners and make a decision to transfer part of the common territory into private ownership. The decision will be considered adopted subject to the consent of at least half of the members of the meeting;
- Draw up an act signed by all those present at the meeting;
- Invite cadastral specialists to carry out measurements and calculations at the expense of apartment owners;
- Receive an engineer's plan for the future parking drawn up by cadastral engineers;
- The chairman of the meeting, on behalf of all its members, applies to the cadastral authority with a passport, a document on ownership of the apartment and a plan to enter the parking lot into the state register;
- Obtain permission from the city administration to organize work;
- Approve the action plan in Rospotrebnadzor;
- Design the territory - install barriers, apply markings, etc.
A situation may arise when the local area is not registered as common shared ownership. In this case, it is municipal property, so you will need to conclude a lease agreement for a parking lot with the administration.
Is it possible to legalize a parking space in the yard?
Registration of an individual parking space is inextricably linked with the process of land privatization. Having a parking space, according to the law, requires leaving your car in a specially designated area. A citizen becomes the owner of a parking space after its privatization.
According to the requirements of housing legislation (Article 36 of the Housing Code of the Russian Federation), the decision to register parking spaces as private property is made at a general meeting of residents of the building. A decision is also made jointly on the need to improve parking spaces.
Such actions can only be performed by the owners of housing located in an apartment building. Citizens occupying living space under social rent conditions do not have the right to apply for a parking space.
In order to isolate their parking spaces, residents who have privatized apartments need to carry out land surveying of the adjacent area and prepare a design plan for the placement of parking.
In accordance with the provisions of Article 46 of the Housing Code of the Russian Federation, in order to make a decision on the placement of private parking spaces, it is necessary to collect more than 2/3 of the votes of home owners. At the meeting, a representative from the residents is elected, who will be involved in coordinating the project for placing parking spaces with government agencies, as well as carrying out construction work to improve the parking lot.
As part of the general meeting, resolve issues related to the maintenance of parking spaces, the possibility of renting them out, as well as the amount of fees for parking security. Record the decisions made at the general meeting in the appropriate minutes and collect the signatures of the residents who voted for the placement of the parking lot.
What documents are required for privatization
To register a parking space, you need to collect a complete package of documents:
- Statement;
- A copy of the applicant’s identification document (passport);
- Documents on the basis of which the right arose - agreement of purchase and sale, donation, participation in shared construction;
- Extract from the Unified State Register of Real Estate;
- Technical parking plan developed by cadastral specialists;
- If the application is submitted by a representative - a notarized power of attorney;
- Minutes of the owners' meeting;
- Receipt of payment of the duty.
Cadastral registration for underground parking
The state registrar of rights may suspend the activities listed above if the boundaries of the parking space partially or completely coincide with the boundaries of another room or parking space (clause 52, part 1, article 26 N 218-FZ).
This does not apply to properties being converted. To know for sure, the state registrar of rights will check the fact with information from the Unified State Register of Real Estate.
If, after the division of a real estate object, two or more real estate objects are formed, they are placed on the cadastral register and the rights are registered simultaneously (Part 1, 3, Article 41 N 218-FZ). At the same time, they are removed from the cadastral register and state registration of the termination of rights to the original real estate objects is carried out.
Therefore, Rosreestr concludes that cadastral registration and state registration of rights takes place simultaneously for all parking spaces in the underground parking.
Nuances of filling out the section “Characteristics of the property” of the technical plan for parking spaces. In line “3”, indicate the cadastral number of this non-residential premises as the cadastral number of the original property. And in line “6” - the cadastral number of the building where the parking spaces are located.
What to do if the information from Rosreestr and the MA does not match
Duration of the procedure
According to the provisions of Article 16 of Federal Law No. 218-FZ, the process of registration of rights and cadastral registration is carried out within 5-12 working days .
Registration time depends on the reason for the request:
| Share participation in construction | 7-9 working days |
| Purchase and sale | 7-9 working days |
| Home inheritance | 3-5 working days |
| Mortgage | 5-7 working days |
In some cases, the period may be delayed if Rosreestr has requested additional information or documentation.
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.
Organizing parking in the courtyard of an apartment building
One of the hottest issues in the life of an apartment building or complex is how to organize parking spaces so that everyone is happy.
So that car owners do not quarrel over scarce parking spaces, and the yard is still a place of relaxation and children's games, and not an exhibition of cars of all stripes. A real dilemma. Residents of new buildings were a little luckier. Now, even at the design stage, developers are trying to solve the problem of parking spaces. But even in this situation, the “parking” problem still pops up in the future. Because the recommended standards and statistical data that developers are guided by can be very far from the real state of affairs.
So, according to the standards, there are supposed to be 350 cars per 1000 residents, the developer must provide parking spaces for 25% of them. Impressive numbers, aren't they? Obviously, in reality the number of cars per 1000 inhabitants can be much higher.
As a result, residents of both old and new houses are faced with the same problem - how and where to organize parking for their cars. Let's figure out how to make parking in the courtyard of a house legally, how difficult it is and what is important to take into account.
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.
Norms and rules for creating parking spaces near an apartment building
The placement of a parking lot in the local area must meet certain requirements:
- comply with fire safety standards (presence of fences made of fire-resistant materials, emergency escape routes, etc.);
- availability of road access to the road junction (only for parking lots with more than 100 spaces);
- comply with sanitary standards (the distance from the parking lot to the residential building is at least 10 meters and 25 meters from socially significant objects).
Parking for more than 50 cars must be located at least 50 meters from residential buildings and social infrastructure. Moreover, according to sanitary requirements, such a parking lot must be closed. A parking lot that accommodates more than 500 vehicles is prohibited from being located in a residential area.
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