How to register the land under the garage as a property ? Why do you need to undergo this procedure? Owners of garage buildings often face these questions.
So, real estate is owned, and the land under it is state-owned. This is normal for large residential properties. Regarding personal construction, there are significant problems that require immediate resolution.
To reserve the right to what is on this land, you need to become its owner. Only in this case the risks of demolition and associated material damage to you are eliminated. Let's figure it out if the problem of privatizing a land plot remains unresolved to this day.
Concept and meaning
The point is that the use of state or municipal land for economic needs without appropriate registration is a legal violation.
And it may happen that the owner of the object located on it will be forced to privatize this site - in the best case scenario. In the worst case scenario, the garage will simply be demolished or they will be required to do it at your expense, plus they will also impose a fine.
If the land under the garage is registered as a property, this provides a number of advantages:
- The owner has the right to dispose of his property: the land and what is on it in his own interests.
- The possibility of elimination is likely, for example, for a large urban development project. But in this case, the owner receives substantial compensation that covers the costs of purchasing the same object in another location.
- And lastly, all chances of losing the garage and the plot of land underneath it without financial compensation are excluded.
Moreover, the owner of the garage will not be able to carry out any commercial activities with it when the object remains in the hands of the state. If this can be accomplished, it will be at a much lower price than for a garage located on a personal plot of land.
Garage tax
At first glance, owning a garage is a simple and understandable matter, promising a lot of advantages: the car is always safe, and it can be repaired if you have the skills, without resorting to the services of a service station. However, in addition to the cost of purchasing and paying off a car loan, you also need to pay a garage tax. At the same time, the type of construction does not play any role - monumental (permanent) or temporary (simple iron block). Let's consider what it represents itself and what it obliges the owner to do.
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Despite the fact that tax benefits for pensioners still remain, since 2015 the conditions for paying taxes for them have also become more stringent. How do pensioners pay tax now? A garage is usually only one property owned. Previously, pensioners were completely exempt from paying such taxes. Since 2015, they can choose only 1 tax-free property. Since paying for an apartment or house usually hits the pocket harder, especially if there is a mortgage, pensioners choose this property. In this case, the garage tax must be paid in full.
What law governs
Article 222 of the Civil Code of the Russian Federation is the basis of legal norms related to the re-registration of land. It is clearly interpreted here that it is not permitted to use a site located in a government department for personal business and economic purposes. Violation will lead to the demolition of your facility!
Leased plot, in accordance with Art. 28 of the Land Code of the Russian Federation may be subject to privatization, but in the event of its transfer before the entry into force of this regulatory legal act, namely until October 25, 2001.
When receiving land under a lease agreement after this date, you must follow Federal Law 178 of December 21, 2001. Article 18 of this legal act regulates the procedure for transferring ownership of state property at auctions.
For a separate garage building, there are rules in accordance with Art. 39.20 Land Code. In this case, the owner of the garage has predominant rights to transfer the land under his facility into personal possession.
If the city administration does not have plans for this site, then the land is determined according to the scheme of the cadastral project of the area - clause 1 of Art. 11.3 Land Code of the Russian Federation.
The land area can also be registered as an array on the GSK. Then it is practically impossible to privatize part of the land exactly under your real estate. In this case, you pay shares for the land on which your garage is located.
Also Art. 39.20 of the Land Code of the Russian Federation provides for rent for the owners of all buildings located on an undivided plot of land. The tenant in this situation is a partnership consisting of many individuals who own these properties.
What needs to be done to register a land plot
Registration of the land under the garage as a property is based on many factors. Among them: the territory where the object is located, the time of transfer of property, conditions.
If the object is located on a separate territory, the task of privatizing the land underneath it into personal property is greatly simplified.
You can privatize a plot according to a simplified scheme, free of charge, if it was received for use before 2001. As for the later adoption of land, hard-earned funds will be required, so to speak, to buy it from the state.
Whatever the methods and at whatever period the land is transferred for use, it is possible to take full possession of this plot only if there are the required documents for the real estate located on it. The main ones are technical and cadastral acts.
The situation in the privatization of a site under unauthorized construction is becoming more complicated, since it is not registered with Rosreestr. In addition, such real estate may be taboo because it does not meet the operating conditions. And this will entail a complete failure in the privatization of the construction site.
Under a detached garage
According to the law, no one has the right to lay claim to a plot of land on which a citizen’s property is located. And even if it belongs to the state, if it becomes necessary to requisition it for other city needs, the owner of the building will be paid compensation. True, it will be a penny.
And to prevent this from happening, you need to become the owner of this site. The selling price depends on this, and if requisitioned, the state will not get rid of you with a formal payment.
If you need to obtain the right to dispose of the land under a detached garage building, follow the following instructions.
Action Sequences:
- Collect the required documentation proving the legal ownership of the property.
- Submit a petition to the city department (administration) so that the auction can be held. Documents are submitted along with the application. The municipality determines the cost, which should not exceed the market value. Please note that the land may be taken over by the highest bidder.
- To participate in the auction, you must submit an application and also pay a down payment of 10% of the cost. This amount will be returned if the property is repurchased by another person. If the auction is completed successfully in your favor, you pay the remaining 90%.
- After payment, the corresponding acts on the transfer of land into property or a bill of sale will be issued.
If the construction was carried out without permission on government land and, accordingly, there are no documents for it, then the situation here is much more complicated. It will be necessary to legitimize the object and register the constructed real estate in Rosreestr through the court.
If the case is successful, the government agency’s consent to use the building is issued. And only then does it become possible to privatize or purchase land from the municipality using a deed of purchase.
In a garage cooperative
As a rule, GSK takes a land mass under a lease agreement for a certain period. All erected boxes on the cooperative territory have a common foundation. In this regard, the situation with registration of land under a separate box is practically impossible to resolve.
There seems to be only one way out - to collectively buy the land, and then redistribute it into plots for garages.
To do this, you should follow this procedure:
- Register all garage buildings with GSK for each user individually.
- Make a unanimous decision at the meeting on the privatization of state land. A collective decision on payment of duties and taxes is also needed. Minutes of the meeting are drawn up, which must subsequently be endorsed by all members of the garage cooperative.
- The consent of the chairman of the cooperative to act as an intermediary in privatization will be required. It is he who will have to represent common interests in government agencies, prepare and register acts.
- Write a collective petition to the land department with a request to transfer the area under the buildings into shared ownership.
- Garage owners become shareholders.
It is necessary that all owners of garage boxes at GSK come to a unanimous agreement. If at least one signature is missing, the transaction will not take place.
According to the dacha amnesty
The legislation takes into account the registration of land ownership rights according to a simplified system. This program allows owners of garage buildings to privatize land with a package of only the most necessary documents for real estate and without any large financial costs.
This project will run until 03/01/2018.
However, using this system it will be possible to register plots obtained before the entry into force of the Land Code of the Russian Federation - October 25, 2001.
The owner of the building provides the appropriate package of documents:
- passport;
- evidentiary acts on the right to property;
- information about the object (technical plan, which must be drawn up by an expert).
Until the previous year, only a declaration was required. It was compiled personally by the owner. It contained the basic characteristics of a garage building and that’s it.
Today, this process has become significantly more complicated, both with the collection of documents and the financial costs of transforming property. But still, this type of transfer of land into private hands remains the least expensive and fastest.
Land for rent
As you know, the right to own real estate does not give authority to own the land underneath it. In our case, this concerns state land.
Individuals who have a rental agreement with the administration have the opportunity to privatize leased plots of land.
However, there are a number of circumstances when a plot of land transfers from “rented” status to ownership.
Essential conditions:
- The leased land is leased for a period of more than three years, and the contract was concluded for at least 10 years.
- The presence of a private building on the land plot and legally owned by the tenant.
- Unspent one-time right to privatize land. Double privatization will be declared illegal.
What are the benefits of such privatization? It is akin to those transfers of property rights from the state to the private sector, which are indicated above.
3 important advantages:
- The financial costs for this operation differ significantly from those if the land was purchased at the market price.
- After completing the procedure, the owner of the garage building also becomes the full owner of the plot under it, and has the right to manage it at will: he can sell, inherit, change, give.
- The transferred land plot can be used as collateral in banking transactions when applying for a loan or mortgage.
Do not forget that not all tenants have this right. This type of privatization applies only to those persons whose agreement was drawn up in accordance with Art. 25 of the Land Code of the Russian Federation.
No documents
The first point of absolutely all transactions involving the re-registration of land begins with the collection of the necessary documents for the real estate located on this site that you want to privatize.
It is these acts that clearly formulate the grounds for why you need this at all. The process of transferring ownership of plots of land differs little from each other in accordance with the types of garage buildings located on them.
However, the whole difficulty arises if these documents are not available. Then get ready for serious hassle and trips to the courts. Because the lack of appropriate documents for a garage building makes it impossible to privatize the land underneath it.
It is possible to acquire such a right, first to a piece of real estate, and then to a plot of land, only after going through all the legal battles. You will have to prove its legality, get permission to use it, and only then will you be able to privatize the plot of land on which the house for your iron horse is built.
Do pensioners pay land, real estate or property taxes?
In the early nineties, pensioners did not pay land taxes.
However, this benefit was later eliminated. As of 2013, pensioners must pay land tax. It is assessed by local tax inspectorates on the basis of documents on the right to a land plot. At the federal level, only one category of individuals is exempt from land tax - representatives of small indigenous peoples of the Far East, Siberia, and northern regions - in relation to lands used by them to conduct a traditional way of life, trades and management (reindeer husbandry, etc.)
Documents required for this
If your garage was built in accordance with all the norms of the law, and you have in your hands all the required documents for it, including technical and cadastral documents, privatization should not be refused. And in the case of court cases, the advantage is predominantly in the direction of the owner of the building.
The list of documents that must be provided for the privatization of a land plot is as follows:
- a copy of the passport of the owner of the garage building;
- statement from the owner or collective from members of the cooperative;
- extract from the Unified State Register of Registered Rights to the garage;
- an extract from the inventory bureau about the size of the building;
- available documents giving authority to use the land;
- a drawn up, recorded document on holding a meeting of the garage association, signed by all participants of the GSK (if the building is in a cooperative);
- Full name of all participants of the cooperative with the personal presence of each of them to certify their consent;
- check for payment of state duty.
In addition to all of the above, attorneys, if any, will need powers of attorney certified by a notary. The Chairman of the GSK must present documents of the activities of the legal entity. Rosreestr will have to request cadastral passports for plots or land mass under the cooperative, as well as for garage buildings.
Privatization of a plot for a separate building
To privatize a plot of land under a separate building, it is important to carefully read the law “on dacha amnesty”. Later it will become a powerful weapon in your hands.
Sample extract from the register.
According to it, every citizen who has proven undefined rights to a specific plot has the right to register it as their property according to a significantly simplified scheme. He also has the right to legalize buildings on the site, including a garage box.
If the higher authorities refuse simplified privatization and the garage owner is asked to register the land in accordance with the standards adopted in the cooperative, you can immediately go to court.
The law is valid until March 1, 2021, and provides for a simplified procedure for registering real estate and plots under it used by the owner for the purpose of farming.
In order to simultaneously privatize both the plot under the garage and the building itself under this law, you must provide a document to Rosreestr confirming the legality of the allocation of the plot of land. For example, an agreement on the transfer of a plot of land for use for an unlimited period of time, a decision of local authorities, and so on.
The process is slow - from the submission of an application to its final consideration, it usually takes several months, and the process is almost always accompanied by various delays - the bureaucracy makes itself felt.
Registration cost
The type of transaction also determines the costs of registering ownership of the building site.
The cost of purchasing land for a garage building varies depending on its market price. This request can be addressed to Rosreestr, where the amount will be calculated. You will need to pay 200 rubles for the service. The deadline is 5 days.
The state fee for state registration of the property will be 350 rubles. When registering as a joint venture, each shareholder contributes the specified amount, that is, it is not distributed among all co-owners.
There are also a number of expenses to be incurred for the preparation of relevant documents and their registration. A very expensive service is to call an engineer from BTI to make the necessary measurements. It ranges from 8 to 10 thousand rubles. You can find out the exact price by calling the office at your place of residence.
On top of that, if a garage building is declared illegal, meaning squatter construction, you will have to pay a fine of 8 thousand rubles, considerable costs will be spent on legal proceedings: legal services, independent examinations, formation of technical. plan. Plus, this will take a lot of time and it is not a fact that subsequently they will not refuse not only the privatization of the land under it, but also the legalization of the structure itself.
Possible reasons for refusal
As we have already found out, registering ownership of land for a garage is a very burdensome procedure. And often the owners of buildings located on privatized plots are refused. Sometimes this reply is unfounded.
To avoid such a decision being made by a government agency, let's look at the reasons why you might get a refusal and how to correct mistakes later.
Grounds for refusal:
- Information from the registration authority differs from the information in the submitted documents. Information in accounting acts sometimes does not correspond to reality. To correct such defects, you will have to call a cadastral specialist so that he can actually certify all the characteristics of the object and make amendments to the appropriate document.
- The land is leased from the state for a long term. There are no offenses in this case. It may be that the administration has plans for this territory to carry out urban planning projects. In such a situation, a plot of land cannot be transferred into private hands on the basis of property rights. There is only one way out - to rent land. If the owner decides to sell the garage on this site, the rights are assigned to the new owner of the property.
- There is no information about registration in Rosreestr.
If there is no information in the cadastre, in order to privatize the land, you will first need to register the property located on it. We wrote about this above.
Property garage tax
As with all preferential categories, pensioners are given the right to be exempt from paying tax exclusively for one category of property, one piece of real estate. In a situation where the benefit is issued for a dacha, house, or apartment, the garage is subject to standard taxation.
Lifetime Property: Citizens who own a property in perpetuity or by right of inheritance are also required to pay a garage tax under current code provisions. Such tax exemption is carried out according to the same preferential groups stated above.
What taxes and who will need to pay on the privatized land under the garage
Land tax is regulated in Chapter 31 of the Tax Code of the Russian Federation. Its value is based on the market price of the site and the regional tax base. The average rate, based on all regions of the Russian Federation, is 1.5% of the cadastral value.
There are rules for paying this tax. They rely on whether the plot of land is owned by the owner of the garage building located on it or not.
If the garages belong to a partnership, then the land tax is charged to this cooperative, then distributed through the organization’s accounting department among the owners of the boxes.
Disabled persons are exempt from paying tax, and therefore no tax is assessed on associations of disabled people who own garage buildings.
If the owner is a pensioner, the tax service will send an invoice in his name once a year for the amount of the payment.
In addition, since this type of tax is considered regional, the municipality can introduce benefits on rates for pensioners, disabled people and war veterans, or completely exempt this group of people from taxation.
In more detail, Article 395 of the Tax Code of the Russian Federation specifies the categories of persons exempt from paying ZN.
Garage tax for pensioners
Later in the article we will look in more detail at what taxes pensioners do not pay or pay in smaller amounts. You can find out more about providing this or that tax benefit to pensioners by clicking on the appropriate link. Benefits for transport tax Transport tax is a tax classified as regional, therefore it is enforced by the laws of the constituent entities of the Russian Federation and is subject to mandatory payment on their territory.
- apartments and rooms;
- residential buildings;
- premises and structures used in professional creative activities;
- outbuildings and structures with an area not exceeding 50 sq.m., located on country houses, gardens and other land plots;
- garages and parking spaces.
