How to register a garage cooperative. Stages of registration of a garage cooperative

One of the effective methods of an organized, and most importantly civilized, solution to this problem is the creation of a garage cooperative. Compared to other types of associations on a non-profit basis for our fellow citizens, the organization of a garage and construction cooperative has its own characteristics that must be taken into account at the planning stage of the future GSK. Let's start with step-by-step instructions so that you know the algorithm of your actions, and then we will move on to consider all the issues in more detail.

Laws governing the activities of GSK

Unfortunately, a unified federal law on garage cooperatives has not yet been developed, which would regulate the actions of the association for the collective management of garages for cars. Moreover, the status of the GSK is the least legally defined in comparison with other cooperatives.

To regulate relations between the cooperative and shareholders, the following laws apply:

Ch. 9.1., which is devoted to decisions made at meetings of cooperatives.
Art. 116 of the Civil Code of the Russian Federation. Secures the legality of the association’s actions in relation to the construction and maintenance of boxes.

Special mention should be made of the legislation of the Russian Federation, which many mistakenly apply to the regulation of relations in civil society cooperatives, whereas in fact its provisions do not apply to garage cooperatives:

No. 193-FZ of December 8, 1995.
No. 3085-I dated June 19, 1992.
No. 7-FZ of January 12, 1996.

What you need to know before organizing a garage cooperative

Garage construction cooperative, or GSK, is one of the types of consumer cooperatives. The main “statute of a garage cooperative,” as the Ukrainian brothers say, is to satisfy the needs of its shareholders for storing personal vehicles.

The Civil Code of the Russian Federation characterizes consumer cooperatives as a non-profit structure. But the law “On Non-Profit Organizations” is not applicable to them (Federal Law No. 7-FZ of 12/1/96, paragraph 3 of Article 1).

Russian civil legislation determines that the legal status of consumer cooperatives, the obligations and rights of their members are regulated by special laws (Civil Code of the Russian Federation, clause 6 of Article 116). But for garage cooperatives, unlike gardening or housing cooperatives, no separate law was adopted. And the Law “On Consumer Cooperation in the Russian Federation” does not apply to GSK (RF Law No. 3085-1 of 6/19/92, Art. 2). In addition to the Civil Code, the Soviet law “On Cooperation in the USSR” No. 8998-XI dated 26/5/88 is used for them. It contains some answers to the most important questions for GSK. For example, paragraph 1 of Article 11 talks about how to register garage cooperatives with a minimum number of organization members: there cannot be less than three people. And paragraph 2 of Article 14 clearly states that the right of a shareholder of a cooperative to participate in decision-making at a general meeting cannot be infringed and made dependent on the size of his monetary or property contribution.

Despite the absence of a special law that would regulate the creation and operation of the GSK, the current regulations make it possible to draw up a comprehensive legal description of the future garage cooperative.

The concept of GSK and its advantages over other types of legal entities

It’s worth starting with how the GSK stands for and what its advantages are over other forms of associations. The abbreviation means “garage-building cooperative.” It is created by combining financial and property contributions - shares.

The goals of such an organization are to:

build garages;
supply them with utility resources;
protect buildings;
monitor the current state of structures and so on.

Therefore, the association is intended not only to create, but also to maintain boxes.

The answer to the question of what a garage-building cooperative is will be incomplete without mentioning whether the organization has:

charter;
governing bodies;
territories;
printing;
own accounting and other attributes of a legal entity.

Most often, land is allocated to an association for perpetual use or lease. Subsequently, participants can privatize it by allocating shares in kind and transferring it into private ownership.

So, GSK is a legal entity created by combining the property and material investments of members in the construction and ongoing maintenance of car boxes.

Requirements for building a garage according to 2021 standards

Requirements and standards for garage construction depend on the category of land plot. In some cases, restrictions are imposed on obtaining permission.

On your own plot and individual housing construction

The easiest way is to obtain permission to build a garage on an individual housing construction site or on your own site. However, here too certain rules must be observed:

If the site is allocated specifically for the construction of a garage, then it is built in the usual manner.
On a site for individual housing construction or agricultural activities, structures for direct purposes (residential buildings, agricultural buildings, etc.) are first erected. Only after them can you build a garage and design other auxiliary buildings.
For a site allocated for the construction of a specific non-residential structure (for example, a workshop), RSG is not provided.

When building a garage, you must carefully read the main regulatory documents: SNiP 30-02-97 (as amended in 2018) and SP 53.13330.2011, as well as the standards adopted by the local municipality, taking into account the characteristics of the region.

Fire safety and red lines

The construction of a garage is subject to the requirements of SNiP 21-01-97, which establish fire safety rules.

In addition, when allocating a site, the municipality defines its boundaries, as well as the location of the roadway, centralized utilities, public spaces and other important facilities. These lines limit any construction to a certain framework.

For individual garages the following minimum distances are established:

from the red line - at least 1 m, for the passage of citizens;
to a neighboring residential building - at least 6 m, which eliminates the risk of fire spreading in the event of a fire;
to your own residential building - at least 3 m, for the passage of a fire truck;
from the fence of the neighboring plot - at least 1 m.

Important! It is necessary to ensure free entry of the fire truck through the gate and its passage to the garage.

In a garage-building cooperative (GCS)

The construction of buildings on the territory of a garage-building cooperative (GSK) is carried out according to the rules established by the organization. A permit for the construction of a garage in the GSK is not required for each individual facility, since a general permit is issued for the entire complex. The organization itself also develops design and estimate documentation.

Garage inside a residential building

To obtain RSG in a residential building, additional requirements must be met:

The upper part of the garage must be located above the ground at a height of at least 2 m.
The garage can be buried to a depth of no more than half its height.
The structure must prevent the penetration of exhaust gases into the living space.
The garage is provided with duct-type ventilation.
Only non-combustible materials can be used during construction.
If there are windows, a canopy is installed above the garage.

In the courtyard of an apartment building

The entire local area is intended to serve all residents and is considered public land. Construction of a garage here is possible only if the citizen is given ownership of the site.

This requires a change in the status of its intended use and the corresponding allocation of land for garage construction. To do this, you need not only a decision of the municipality, but also the consent of the general meeting of apartment building owners. If a garage was built earlier without permits, then it is almost impossible to legalize it.

Creation of a garage cooperative

There are situations when buildings are already ready, but the cooperative has not yet been formed. In this case, a group of people who want to collectively maintain the built premises for cars, the question arises how to create a garage cooperative from existing garages.

GSK, like any legal entity, is subject to state registration. However, before proceeding with its registration, the initiators of creating an association must understand:

why is this being done;
where the association may be located;
how it will be managed.

Even before the registration procedure begins, like-minded people should be prepared to spend a lot of time and effort on this, because it cannot be completed in a short time.

But joint problem solving is beneficial from any point of view: it is faster and cheaper to erect buildings, it is more convenient to connect utility networks, it is easier to conclude contracts with contractors for the repair of buildings.

If interested parties have no idea where to start and how to organize a garage cooperative, the step-by-step instructions will look like this:

Meeting of the group of initiators. Most often, such people are united by a common place of residence or work.
Development of the GSK charter.
Preparation of documents: minutes of the meeting of participants, copies of shareholders’ passports, and so on.
Registration with the tax authority.
Opening a bank account.
Registration of the land plot on which the cooperative will be located.
Construction of boxes for cars.
State registration of GSK.

Organization of the association

The process of registering a business is not the easiest. First, you need to organize an initiative group that will represent the interests of car enthusiasts and deal with issues of creating a cooperative.

People's organizational skills and knowledge of legal and economic aspects will be useful. The activities of GSK are regulated by the Civil Code of the Russian Federation.

More information can be gleaned from the video in this article.

Adoption of the Charter

The Association's Charter is being developed. In accordance with the code (Article 123), it must contain the following data:

Name;
location of the enterprise;
subject and goals of activity;
amounts and conditions for making share contributions by members of the cooperative;
liability for violation of these conditions, identification of other sources of funds;
composition and competence of GSK bodies;
decision-making procedure;
the procedure for covering losses incurred by the organization by members of the State Joint Committee;
shared ownership in garage cooperatives is determined.

Charter of the garage cooperative

A meeting of members of the garage cooperative is held, at which a decision is made to approve the Charter, recorded in the minutes (pictured).

Minutes of the meeting of members of the cooperative on approval of the Charter

Registration of GSK

An assembled package of constituent documents, consisting of:

Charter of the cooperative (2 copies),
minutes of the decision of the general meeting of members of the association on opening an enterprise,
application for opening (certified by a notary),
a receipt confirming payment of the duty - submitted to the tax office located at the location of the cooperative. It carries out the registration of the association and tax registration.

Within the period established by law, the association is registered and a certificate is issued.

Certificate of registration of GSK

A current account of the organization and personal accounts of its members are opened for making shares and other types of contributions.

Certificate of opening a current account

Registration of a land lease agreement

A lease agreement is drawn up for the plot of land on which the GSK will be located. To do this, you should contact the department dealing with land use and urban planning.

After registration of the cadastral passport of the property, a lease agreement is concluded. The passport and contract are subject to mandatory registration.

Important! The procedure for registration of rights for the perpetual use of plots of land by garage and construction cooperatives is determined in accordance with the Land Code of the Russian Federation (Article 36), letter of the Ministry of Economic Development of the Russian Federation No. D23-757 dated March 10, 2010.

Conclusion of an agreement with the developer

A licensed company is selected that will carry out the development. A standard project for a garage cooperative is being drawn up.

Garage complex project

Contracts are concluded with the developer and with the company involved in laying utilities, which determines the subject of the contract, its price, and the terms of the relationship.
After the facility is put into operation, as evidenced by the signed act of the state commission on the commissioning of the GSK, the chairman of the cooperative submits an application to the BTI with a request to put the garage complex on technical registration.
After this, a technical passport of the object is issued, which indicates the building area, box sizes, distance between garages, etc.

Technical passport of the garage cooperative

Contents of the GSK Charter

The GSK Charter is the main constituent document in which the members of the association announce the creation of a new legal entity and determine the internal rules and work of the cooperative.

The charter does not have a mandatory structure, but it usually contains the following sections:

General provisions: name of the cooperative, information about its location, participants.
Goals of activity and legal possibilities of the association.
The property of the cooperative, which is the property of the organization, with an explanation of how it is formed and in what order it will be used.
Management bodies of the association: general meeting, board, chairman, audit commission.
Rights and obligations of GSK participants.
Reporting.
Reorganization and liquidation of the association.

Objectives of activity

The goals of a cooperative most often include:

obtaining land plots for placing boxes;
their construction;
purchase and use of equipment to service the association;
concluding agreements aimed at ensuring the activities of the organization;
connecting buildings to utility networks and their maintenance;
use of property to meet the needs of shareholders;
organization of work on protection, cleaning and landscaping of the territory.

Land plot for GSK

The territory where it is planned to place boxes for cars is an integral complex. This means that, regardless of the characteristics of the site, it entirely belongs to the cooperative and cannot be divided into separate fragments.

The indivisibility of land in the GSK leads to the fact that its position is regulated by the rules on common shared ownership ( ).

To obtain territory for a civil construction company, you need to go through several stages:

Find a suitable plot for the construction of a cooperative. It must meet certain requirements: distance from residential areas, the ability to carry out construction work, and so on.
Write an application to the municipality to determine the intended purpose of the land. If it allows the construction of garages, you need to apply for the construction of buildings.
After receiving permission, submit an application to participate in a tender for the acquisition or lease of the territory.
Formalize ownership and register a transaction or enter into a lease agreement.

For details of the procedure for purchasing a plot, see the article “How to buy land for a garage.”

Registration of ownership of a garage in 2021

Ownership of a garage should be registered in the following cases:

After completion of the construction of the facility for which permission has been received. This will allow it to be recognized as real estate and included in Rosreestr.
To legalize a previously built garage without permission. Illegal construction can be punished with a fine, and the object itself can be demolished.
If you wish to transfer the garage to the category of real estate with the right of inheritance, when it does not require a building permit.

The set of documents provided varies somewhat depending on the category of the site. In any case, an application is submitted to the territorial office of Rosreestr. It can be submitted in person, through the MFC or the government services website, by registered mail with notification, or through your representative by proxy.

State registration of GSK

Registration of a garage cooperative under the new law is the final stage of creating a legal entity. It should take place after the car boxes have been erected and put into operation.

The person responsible for completing this procedure is the chairman of the organization. He prepares documents, monitors the accuracy of the data provided and represents the association before state and municipal authorities.

A person creating a legal entity for the first time probably does not know how to register a garage cooperative. Meanwhile, the procedure is quite simple.

Particular attention should be paid to the minutes of the meeting of shareholders, at which the decision to create a cooperative is made, and its charter. It is these two documents that will guide its participants and officials when carrying out the activities of the State Joint Stock Company.

When drawing up documents for registration of the GSK (registration application, technical passport of the structure), information about the organization must be entered in the same sequence as in the Charter. Otherwise, the document will be recognized as improperly executed and registration will be denied. Step-by-step instructions on how to register a cooperative are given below.

Registering a cooperative

To register an association, you must provide the following list of documents to the Rosreestr authorities or the MFC:

application form on the creation of a legal entity (No. P11001) with a notarized signature of the chairman of the association;
receipt of payment of state duty;
notarized draft charter;
minutes of the meeting of potential participants of the organization.

If this sequence of documents for building a garage cooperative receives approval from the registration authorities, the procedure for registering the GSK will be completed.

Distinctive features of the association's work

GSK receives the status of a legal entity. However, the legal status of cooperatives is somewhat different from other forms of enterprise:

The creation of an association is completed only after the construction of boxes and payment of all share fees.
Shareholders can form a cooperative NFI (an abbreviation meaning “indivisible property fund”), to which participants cannot lay claim. It is impossible to foreclose on such a fund for the debts of its shareholders.
An organization may use hired labor, but their number should not exceed 30% of the number of participants.
GSK is liable for its debts with all its property. If it is not enough, the participants bear subsidiary liability.

How to register a garage cooperative if garages have already been built

ID card (that is, passport);
a certificate confirming membership in the GSK and the payment of the share (you take this from the chairman);
cadastral passport. Here, first you contact a cadastral engineer, he makes you a technical plan for the garage, with it you go to the cadastral office, and there, based on the plan, you receive this same passport;
statement.

Find a trusted construction organization and enter into a construction contract with it.
All issues related to the decision to organize the GSK are decided at the general meeting of founders. 4 Registration of GSK and the necessary package of documents Registration of a garage society takes place according to the uniform rules established for legal organizations. So, submit the following documents to the authorized body:

Charter of the garage cooperative in two copies;
Minutes of the general meeting at which the GSK participants decided to open it;
Notarized application for registration of an association in form P11001;
Receipt confirming payment of the state duty.

Interesting: If you refuse a social package, you are entitled to compensation in the amount of 3300 rubles

At the same time, you should open a bank account for settlements with contractors and accounting reports. When the charter has been written and a meeting of future shareholders of the cooperative has been held, it is time to collect documents and take them to the district department of the Tax Service for registration of a legal entity. Documents for creating a garage cooperative To register a GSK you will need:

How is GSK managed?

The main role in the day-to-day management of the organization is played by its board. In this regard, a few words should be said about the work of the board in the cooperative garage. It consists of a chairman and an audit commission.

Of course, the main role in managing the association is played by the general meeting of shareholders, which makes decisions on key issues by a majority vote. However, it is very inconvenient to gather all participants for any reason. And this is not always possible. The board exists to solve current problems.

The Chairman performs a number of responsible tasks:

Organizes and conducts general meetings of shareholders.
Concludes contracts with service providers and contractors.
Manages the cash fund.
Represents the interests of the organization before government agencies.

The Audit Commission supervises the work of the chairman, accounting department and other officials of the organization, especially in relation to financial matters.

The legislation provides for the possibility of creating and functioning of other bodies. Thus, in Moscow there is a “Garage Construction Directorate”. This is a state unitary enterprise whose scope of activity includes the sale to private individuals of property under the economic control of the city government. It is responsible for the implementation of the municipal program “People's Garage”, within the framework of which the construction of boxes is carried out, their legal registration and sale.

More information about GSK membership

The main document that confirms membership in the association is the membership book of the garage cooperative. It contains the following information:

Full name of the shareholder;
photo;
his box number;
information about the cooperative;
date and amount of his contributions.

The document is signed by the chairman and certified with a seal.

The membership book does not just confirm a person’s participation in the organization; it is needed when selling a building, registering it as a property and in other transactions.

To become a member of the cooperative, you must write an application to join the GSK. The issue of admitting a new member to the association is usually put to a vote at a general meeting of shareholders.

If provided for in the Articles of Association, the decision may be made by the chairman or the board.

If the entry of a new participant is approved, he must pay a share contribution within a certain period. After this, the next edition of the charter should be registered, which will include a new member.

How to become a member?

The main document that confirms membership in the association is the membership book of the garage cooperative. It contains the following information:

Full name of the shareholder;
photo;
his box number;
information about the cooperative;
date and amount of his contributions.

The document is signed by the chairman and certified with a seal.

The membership book does not just confirm a person’s participation in the organization; it is needed when selling a building, registering it as a property and in other transactions.

If the entry of a new participant is approved, he must pay a share contribution within a certain period. After this, the next edition of the charter should be registered, which will include a new member.

The procedure for joining a cooperative is determined by the charter. As a rule, this happens after voting at the general meeting. If the majority is in favor of accepting a new member, then they submit an application and pay an entrance fee. Membership can be confirmed by issuing a certificate.

GSK lives from membership fees. The responsibility of all people in the cooperative is to pay them. The amount of contributions must cover the needs of the GSK. Like all other issues, it is determined by a general vote at the meeting. Contributions are:

introductory;
membership;
shares;
targeted;
unscheduled.

IMPORTANT! For failure to pay the contribution, a member of the cooperative bears responsibility as provided for in the charter.

Expulsion and withdrawal from the cooperative

Expulsion from members of the association is carried out forcibly, against the will of the person. If a participant himself wants to cease being a shareholder, the procedure is called “exit”.

Let's look at the procedure for excluding a participant:

Reasons arise: failure to fulfill the duties of members of the cooperative as prescribed in the charter, etc.
Notification in writing to a person of a general meeting of participants at which the issue of his exclusion will be considered.
Conducting a general meeting with the adoption of an appropriate decision.
Notifying a person of exclusion.
Payment to a former member of the GSK of his share contribution.

Sequence of actions for voluntary exit:

The shareholder writes a statement of resignation from the garage cooperative addressed to the chairman of the association.
At the meeting of participants, a corresponding decision is made. If the charter allows, the chairman can do this alone.
Changes are made to the organization's statutory documents, which are then subject to state registration.
The former participant is paid his share contribution.

A person cannot be refused to leave the cooperative - this is his legal right. If a citizen’s exit is not documented or he is not paid a share contribution, such actions can be challenged in court.

What should the chapters of the charter of a garage cooperative contain?

General provisions. This section indicates the full name of the organization, containing an indication of the subject of its activities. Detailed address. It must be stated that a garage cooperative is a legal entity and has all its attributes - an independent balance sheet, the necessary bank accounts, a round seal and a corner stamp, forms and other details.
Goals, as well as the subject of the activities of the GSK. Accordingly, the reasons why it was created are stated. The part about the subject of activity describes the means of achieving the main goal. This is the conclusion of all kinds of agreements: for the project of a given garage cooperative, for the construction, installation and connection of utilities, ensuring the life of the organization, its additional functions, etc.
Property. All financial issues related to the organization are described, due to which the property of the GSK is formed. It is stated that cooperative funds will be created on the basis of this property, followed by a brief description of them. The size of the entrance fee to the garage cooperative, as well as all other types of contributions and the conditions for their payment are established. Describes what the expenses of a garage cooperative should be. Penalties are determined for late or non-payment of contributions (up to and including exclusion from membership of the garage cooperative). Since the financial issue is very important, we will talk about this in more detail in the next block.
Bodies managing the cooperative. Usually these are: 4.1. The highest body is the general meeting of members of the State Committee. His competence includes:

adoption of the Charter and all changes relating to the document;
determining the amount of contributions and funds;
admission and exclusion from members of the garage cooperative;
adoption of cost estimates and balance sheet for the year of the GSK;
election of the board of the garage cooperative and the audit commission, as well as deprivation of their powers;
decisions on the reorganization of the company or its liquidation.

4.2. The executive body of the GSK is the board, which is headed by the chairman. The board of the garage cooperative carries out its current functioning:

organizes the collection and accounting of contributions;
draws up budget and expense plans;
maintains lists of organization members;
prepares and approves the agenda of the general meeting.

4.3. The control body of the GSK is the Audit Commission. Members of the board cannot be members of it. The Audit Commission controls the financial activities of the cooperative.

5. Membership, duties, rights. The chapter describes under what conditions it is possible to join a garage cooperative. The section should also describe all the rights that membership in the garage cooperative provides, namely:

participation in the management of GSK;
profit share;
receiving cooperative payments;
the ability to leave the garage cooperative at any time and reimbursement of the share contribution;
unhindered receipt of any information about the activities of GSK;
receiving a share of property, in addition to the indivisible fund, when the garage cooperative is liquidated, etc.

The chapter must also contain the duties of a member of the cooperative:

compliance with the provisions of the charter and decisions of the governing bodies;
compliance with fire safety, technical, sanitary standards and rules for maintaining a garage box;
fully participate in all types of financial activities of GSK, etc.

Conditions under which exclusion from the cooperative is possible:

systematic non-payment of contributions;
violation of the provisions of the charter of the garage construction cooperative and the rules for maintaining a garage box;
damage to the property of GSK, its activities or reputation.

There should also be provisions on how to voluntarily leave the garage cooperative.

6. Reorganization and liquidation of the company. Affiliation, merger, division, separation or transformation, as well as liquidation of a cooperative must be carried out by a unanimous decision of the General Meeting. The following describes the conditions for the liquidation of a garage cooperative, usually these are:

decision of the general meeting;
court statement;
financial insolvency (bankruptcy) of the organization. Then the organizational measures for the liquidation of the GSK must be prescribed.

7. Reporting and accounting in the cooperative. The organization must maintain statistical, operational and accounting records and submit reports on all its activities. Every year an independent audit of the financial activities of GSK must be carried out.

Carrying out liquidation and reorganization of the association

When discussing aspects of the work of the GSK, it is worth mentioning the procedures inherent in each legal entity: reorganization and liquidation of the association.

Liquidation is the cessation of the activities of an enterprise. It can take place by decision of the shareholders themselves or the court. You should know how liquidation works in 2021. To do this you need to perform a number of actions:

Registration of the decision of the general meeting of participants or obtaining a court decision.
Notification of Rosreestr about the start of the procedure.
Appointment of a liquidation commission at a meeting of participants.
Placing information in the official publication about the intention to liquidate GSK.
Collection of information about the financial condition of the organization, collection of receivables and repayment of accounts payable.
Drawing up the balance sheet of the GSK. Note that closing a garage consumer cooperative with a zero balance is the best option, since collecting other people’s debts or the need to pay your own will not become obstacles to the liquidation of the association.

Reorganization is a change in the form of existence of a cooperative, including division into several new associations. The procedure in this case looks like this:

Notifying shareholders about the procedure and timing of the procedure with justification for its necessity.
Preparation of constituent documents for new (new) legal entities.
Transfer of rights and obligations to legal successors. Some procedures must undergo state registration, for example, the transfer of rights to real estate.
Approval of documents at the general meeting of participants.
Inclusion of shareholders of the old cooperative into the new legal entities.

Bankruptcy of GSK is the basis for starting the liquidation procedure in court. In this case, a meeting of shareholders is not held, because the decision is made by the court. He will appoint a liquidator who:

determine the financial condition of the organization;
will determine the order of debt payments;
the remaining funds, if any, will be distributed among the participants of the association.

Share contributions

GSK is created and operates at the expense of the financial and property funds of its participants. The sooner you pay a share contribution to the organization’s cash desk or make a non-cash transfer of money to the cooperative’s account, the sooner it will begin to function.

The size of the share contributed by the participant is determined at the stage of creation of the legal entity and is reflected in the charter. Essentially, it should reflect the cost of each box in the GSK.

Each time a person pays part or all of their contribution, information about the date, amount and payer is entered into the accounting records. The same data is indicated in the participant’s membership book.

After the share has been paid in full, the association participant is given a certificate confirming payment of the entire amount. The document is signed by the chairman of the cooperative, an accountant and certified by a seal. The certificate contains information about the date of entry into the GSK, the size of the share, the date of its payment, and the box number.

Potential participants are interested in the question of whether the governing bodies of the GSK can seize the garage for non-payment of membership fees. If the share contribution is paid in full, then the member acquires the right of common joint ownership (share) of the cooperative, which is a type of private property right. And private property can only be deprived by a court decision.

In order to take away the garage from such a person for non-payment of fees, you need to go to court and prove that these actions cause damage to other participants, which is enough to deprive the rights to real estate.

The procedure for registering a garage as property

A permanent garage is the same real estate object as a residential building. If it is not registered, then it will be impossible to sell, bequeath or donate it, and it sometimes costs a lot of money. Registration of property rights is complicated by the fact that many owners do not have the necessary documents.

This provision is an exception to the general rule, which determines the emergence of ownership of real estate from the moment of state registration. The right of ownership of a cooperative building (premises) by virtue of clause 4 of Art. 218 of the Civil Code of the Russian Federation ceases with the cooperative and arises with the member of the cooperative from the moment of full payment of the share contribution (full payment of the cost of the building, premises).

Legal status of garages in GSK

There are specifics to managing a garage that is part of a cooperative. The first is the reconstruction of the garage at GSK. If its implementation does not affect the interests of other participants in the association, then it is not necessary to obtain the approval of the shareholders. After reconstruction you need:

issue a new technical passport for the building;
if you have ownership rights to the garage, obtain confirmation of this right based on the registration certificate.

If the work affects capital load-bearing structures or the area of the building changes, then you must obtain permission for reconstruction from the municipality in advance.

The second situation is the presence of buildings that do not have an owner. In this case, the garage at GSK can be considered ownerless. Since we are talking about one of the fundamental rights guaranteed by the Constitution, action will have to be taken through the courts. But first you should:

Make every effort to identify the owners of the property. It is advisable to record the search process or document the efforts made.
Collect evidence that the cooperative spent money on the maintenance of the building: checks, receipts, certificates of work performed, and so on.
File a claim with the court to recognize the garage as ownerless property.

Sometimes there is an unfinished box on the territory of the association. To legalize the construction, you should find out what documents are needed for the unfinished construction project and submit them to the registration chamber. Their list includes copies and originals:

Applications for registration of ownership.
Receipts for payment of state duty.
Applicant's passports.
Title documents for a plot of land.
Cadastral plan of the territory.
Construction permits, the receipt of which is provided for in Art. 51 of the Town Planning Code of the Russian Federation.
A site plan drawn up in the BTI.
Project documentation.

The next non-standard situation is permission to build a permanent garage on the territory of GSK. The procedure is as follows:

Obtaining opinions on the possibility of construction from the land resources department, architectural authorities, fire, environmental and sanitary-epidemiological organizations.
Concluding an agreement with a land management organization on the development of a land allocation project.
Approval of the project at a session of the local council.
Drawing up a cadastral plan of a land plot.
Development of a technical passport for construction in BTI.
Construction of the box and its commissioning.

We advise you to read the article “How to register a garage as your property.”

How to create a GSK if garages have already been built

How to register the “people's garage” as property? For these types of properties, preferential mortgage terms can be issued. At the sales center you can purchase a parking space in the “people’s garage”, that is, buy a specific object or draw up an agreement for participation in shared construction.

The following documents must be provided with the application for state registration of ownership of a garage located in a garage-building cooperative: 1. The original document confirming payment of the state duty; In accordance with paragraphs. 22 clause 1 of Article 333.33 of the Tax Code of the Russian Federation for state registration of rights to real estate a state duty is paid, the amount of which for individuals is 1000 rubles. However, the obligation to accept documents in 2021 was also imposed on the district MFC (one-stop service).

Accounting and taxes

Accounting and tax accounting in a garage cooperative are based on the following principles:

The revenue side of the cooperative's budget consists of membership fees from its participants, as well as profits from possible commercial activities.
The expenditure part, as a rule, is determined by estimates and consists of expenses necessary for the existence of a legal entity:
current repairs of structures;
construction of new boxes and so on.
The accounting records of the organization are maintained by a professional accountant or the chairman of the cooperative, if he has the necessary knowledge. Responsibilities include carrying out accounting and financial accounting, maintaining a cash book in the GSK, and submitting reports to regulatory authorities.
A cooperative can carry out commercial activities, but this entails the need to pay taxes.
GSK manages all money received into the account and cash register of the association independently as a registered legal entity.
In the case of exclusively non-profit activities, the association is considered non-profit, therefore it maintains tax accounting according to a simplified procedure.

Features of taxation

Taxes will have to be paid if you carry out activities that generate income. This may include:

rental of garages;
receiving profit from investing funds in bank accounts;
conducting other business activities.

In this case, tax and judicial practice regarding garage cooperatives proceed from the fact that the budget should be divided into revenue and expenditure parts. Moreover, income received from commercial activities cannot be reduced by non-commercial expenses.

If the organization ends up making a profit, it must be divided among all participants. And on the share of each of them, the association must pay 13% income tax.

Privatization of land plots

After privatizing the garage, you need to register ownership of the land underneath it. The lack of proper documents for the site may result in the owner being forced to pay a fine for misuse of the land and demolish the building.

To prevent this from happening, it is necessary to privatize the territory under the box.

Land ownership

To register ownership rights, it is necessary to write a collective application and submit it to the municipality department dealing with land issues.

Within a month, local authorities will consider the application and make a decision on allocating the land for privatization or on further leasing it for the needs of GSK. In order to privatize the garage and the plot underneath it, all members of the cooperative must register their rights to real estate.

If a decision is made to allocate land, the chairman of the GSK and the local administration sign a purchase and sale agreement for the site. The plot undergoes state registration, after which it becomes the property of the cooperative.

If members wish, they can allocate a part in kind that belongs to each person, or use the real estate as a joint part of the common property of the cooperative.

The details of the procedure are described in the article “How to register ownership of the land under the garage.”

Possible obstacles to repurchase

The municipality will refuse to register ownership of the land under the boxes in the following cases:

there is no certificate of payment of the share in GSK;
There are important utility lines on the site, and construction work may damage them;
there are driveways and passages on the territory that are actively used by other citizens, and their transfer to private hands will harm transport links;
not all members of the cooperative submitted an application;
documents were filled out incorrectly, papers required by law were not provided;
The site is intended for state and social needs of the population.

How to create a garage cooperative from existing garages?

From the beginning of the process of creating a garage cooperative, there is no need for individual members of the GSK to formalize the transfer of ownership rights (Civil Code of the Russian Federation, Article 223, paragraph 2).

Members of the cooperative who have made a share contribution in full have the right of ownership to garage property (clause 4 of article 218 of the Civil Code of the Russian Federation).

Upon completion of construction work, the public territory remains on the balance sheet of GSK . A garage cooperative acquires the status of common shared ownership (Civil Code of the Russian Federation, Art. 244).

Purchasing a garage in a cooperative

Often lawyers are faced with a situation where a garage is sold or purchased at GSK using a membership book. Such a transaction is possible, but there will be consequences associated with the state registration of the cooperative itself:

The association was created under the Soviet Union and did not undergo re-registration. When concluding a transaction, you need to make the appropriate entries in the book, rewrite the property registration card, and approve the new member of the cooperative. However, in this case, it is still impossible to register the garage as a person’s property. The buyer only becomes a member of the cooperative, and an unregistered one.
The cooperative is registered, but the boxes are not properly decorated. The transfer of ownership of a building is still carried out within the organization; it is also impossible to obtain a certificate of ownership of a garage.
Boxing is registered to a private person. Provides for the ordinary purchase and sale of real estate. It is not necessary to obtain the consent of the cooperative members.

It is also important to know whether you can leave the garage cooperative if you own the garage. The answer to this depends on what is stated in the Charter. If such a clause is provided, then it is possible. If not, you will have to wait for the decision of the general meeting of shareholders or go to court.

Details can be found in the material “Purchasing a garage in GSK: documents, registration.”

Privatization of land in a garage cooperative

In the vast majority of garage cooperatives, land is provided to them for construction on the basis of indefinite, in other words, permanent use. Therefore, ownership rights to these lands remain with the state (or local government). In order to become the legal holder of such a plot of land, it is necessary to privatize the land in a garage cooperative (to be more precise, buy it from state or municipal property).

The Land Code of Russia declares the exclusive rights of the garage owner to purchase the land plot under this property. The cost of this financial transaction should be established by regional legislative bodies. Most often it depends on the location of a given plot, but in any case it cannot be higher than its cadastral value.

It is worth saying that you can buy a plot of land as your own only if the garage on it is a separate structure with its own foundation, entrance, etc. If you have a box in one property garage complex, then the lands of such garage cooperatives are indivisible. The issue of indivisibility or divisibility is decided by regional bodies of architecture and land relations. In this case, you will be able to buy only a share in the rights of one shared ownership of all the lands under the garage boxes of the cooperative. In addition, before opening such a garage cooperative, regarding an undivided land plot, it makes sense to conclude a lease agreement with a plurality of individuals on the part of the tenant. The decision to purchase or lease a plot of land must be made at a general meeting of shareholders of the company, which is then registered in the constituent documents of this garage cooperative. In order to buy the land under garage boxes into common shared ownership, it is necessary that membership in your garage cooperative, as well as the ownership rights of all cooperative members to the boxes, be properly registered.

conclusions

GSK or, as it is also called, GSPO garages (garage construction production association) is a legal entity that is created by a group of people for the construction, repair and maintenance of car storage boxes. The organization has its own governing bodies and means of carrying out its statutory activities. Such an association makes it possible to jointly solve the problems of garage owners, because the presence of a single organization facilitates the registration of land, the conclusion of contracts for the construction of buildings and the supply of utilities.

Advantages and disadvantages of registering GSK

The advantage of GSK can be considered the profitability of conducting business activities by a legal entity, which can more easily regulate the supply of water, electricity, garbage removal, etc.

Collaborative problem solving is optimal.

The disadvantage of GSK is the lack of a full-fledged legal framework . General provisions are considered by the Civil Code of the Russian Federation in Art. 123.

Legal standards governing other types of consumer cooperatives are prescribed in specialized laws.

But now there is no law specifying the registration of a garage cooperative . The provisions of the Federal Law on non-profit organizations do not apply to consumer cooperatives, which is GSK. And in the existing law of June 19, 1992 No. 3085-1 there is a direct clause to the effect that regulation of the functioning of consumer cooperatives does not apply to GSK.