How to register a garage as a property if there are no documents?

Many box owners in garage-building cooperatives are fully confident that they are the absolute owners of these buildings. Once they decided to sell, donate, or bequeath the garage, they could not do this because they are not the owners of their own property. There are also no documents for the garage. The question immediately arises for such owners: how to register ownership of a garage if there are no documents? Is it possible to legalize such a building?

Reasons for missing documents

In the 80-90s of the last century, garage-cooperative construction developed rapidly. Enterprises, institutes, cultural institutions and many others were allocated land plots to meet the needs of workers and create garage and construction cooperatives.

90% of the cooperatives created in those years did not have any documents confirming the legality of ownership of the land plot under the cooperative. Garage owners have nothing on them except the membership book of the garage cooperative and a certificate of payment of the share.

Some GSKs have significantly expanded their territory beyond the designated areas. Even if you have documents for obtaining a land plot, all garages built outside its boundaries can be classified as unauthorized buildings.

Another reason for the lack of documents may be multiple changes in the owner of the building. Until recently, no special attention was paid to the presence of any documents on him.

Risks

Currently, cities are undergoing intensive development. The territories of garage cooperatives may fall under integrated urban development. For example, a road will pass through his land or it is planned to build a new microdistrict.

Owners of registered real estate are usually paid compensation at market prices. As a result, it is enough to purchase a new garage. Those who did not take care of the timely execution of documents will have to part with their garage voluntarily or forcibly.

In order to avoid getting into such an unpleasant situation, we will find out how to register a garage as a property if there are no documents for it.

How to register a garage as a property if there are no documents

All real estate objects are subject to mandatory registration in the Unified State Register of Real Estate, abbreviated as EGRN. Including garages. Without registration and registration of ownership rights, no transactions with it can be made.

A garage will be considered a piece of real estate if it is a permanent structure. It must have a foundation, walls connected to it, and a roof. Such a structure cannot be moved to another location without compromising the integrity of the structure.

The procedure for registering a building will largely depend on where and on what plot of land it is located:

• as part of a garage and construction cooperative;
• on a private plot of land;
• unauthorized construction on someone else's land.

To register any real estate ownership, the following documents must be presented to Rosreestr:

• confirming the right of ownership - a certificate of payment of the entire share, a purchase agreement, a deed of gift, an inheritance document, a share participation agreement;
• passport or cadastral plan - without registration in the Unified State Register of Real Estate, property registration is not carried out;
• permitting the use of a land plot - a resolution of local authorities on the allocation of land, a certificate of ownership, a lease agreement.

Here is a list of documents that will need to be obtained in the process of legalizing a garage without documents.

General rules

To register a garage as your property, it is important to know where to start the procedure. The certificate for real estate is given in Rossestre. To receive it, you need to submit to the government agency:

• a document confirming the right to own a garage: a contract of purchase and sale or participation in a shared construction, a certificate of inheritance, a certificate of share in the GSK;
• cadastral passport, since it is possible to register only real estate registered in the State Property Tax Register;
• a document confirming the existing right to use the land.

In addition to this list, you will need a passport of the citizen in whose name the property will be registered, and a receipt for the state duty. When submitting the prepared package, you will need to fill out an application.

You can contact the Rosereestr online through State Services or through a branch of the MFC. It takes 10 days to register a garage.

The main problem when registering a garage is that the owners do not have the necessary documentation or that it is completed with errors. This is due to the fact that during the massive construction of GSK in the 70-80s of the last century, cadastral registration was not carried out on them. During the construction, a lot of violations occurred, and the storage of documents was sloppy. Often they were deliberately destroyed.

Each specific case of registering a garage as a property has its own nuances. The process depends on several factors. First of all, whether the building is private or is part of the GSK. Secondly, is there a legal right to the plot of land where the box stands. It depends on the situation what documents are needed to register a garage.

As part of GSK

Typically, garage cooperatives were built in rows consisting of boxes. An individual garage was simply a room in a building. Therefore, registration of a separate garage for cadastral registration is only possible together with the entire line.

To begin cadastral work on registering a building, a permit for commissioning will be required, which GSK should have received during the construction of each line. The easiest way would be to get it through the court, justifying the claim by refusal of registration.

If you have received permission from the court to put into operation a line of garages, you can start from scratch to register ownership of the garage:

• obtain from the chairman of the GSK a certificate of full payment of the cooperative member’s share;
• call a cadastral engineer to take measurements and prepare a cadastral passport;
• apply directly or through the MFC to Rosreestr with an application and a package of documents to register ownership of the garage;
• pick up the completed property registration certificate.

Registration of a land plot under a garage with the GSK is possible only in the form of shared ownership. The land under the cooperative is a single and indivisible plot. Therefore, all members of the State Joint Stock Company must register it simultaneously, and then buy back their shares from it. As practice shows, this is a difficult task to implement.

conclusions

Registration of a garage as a property is an important and necessary procedure. Without a certificate of ownership, you may lose your property in vain. The procedure for registering a garage consists of several stages:

• Determination of the type of garage (major, complex and others).
• Contacting the BTI (submitting documents, receiving written confirmation of their acceptance).
• Contacting the Registration Chamber (providing a package of documents).
• Obtaining a Certificate of Registration.

We hope that the information presented in the article will be as useful as possible for you.

On a private property

If a citizen is the owner of the land on which a dacha or private house is located, then registering a garage located on it will be much easier. The owner of the land does not need to obtain any permits to build buildings on it. Unless the building is intended for commercial use.

But if the land has not yet been registered as ownership, then under the “dacha amnesty” in 2021, you can simultaneously register all the real estate on it: land without land surveying, a house, a permanent ancillary building, a garage - by submitting a declaration to Rosreestr.

To register ownership of a garage that does not have documents, you must complete the following steps:

• Call a cadastral engineer from the BTI or a licensed organization to take measurements and prepare a technical passport for the garage.
• Prepare a package of relevant documents:

1. applicant's passport;
2. cadastral passport (for buildings erected before 2008, a cadastral plan is needed);
3. documents on ownership of the land plot;
4. a copy of the house register indicating the economic purpose for issuing the land or other papers confirming the right to own the land;
5. declaration;
6. statement;
7. state duty.

• Apply through the MFC or directly to Rosreestr to register property rights.

What documents are needed for BTI?

In addition to the problem of demolition of illegal buildings, registration of ownership of the garage and the land underneath it is required for all types of legal transactions.

And although in practice such transactions with garages without documents sometimes occur, any inspection can void existing agreements, and the garage owner may be left with nothing.

Let's imagine another situation: a buyer purchases a garage from a private person at a good price, quickly and without documents. After some time, it turns out that the person who sold the garage was not its owner, and the real owner with supporting documents can show up at any time and legally use it. Unfortunately, such situations occur quite often, so it is advisable to protect yourself from them.

Thus, the right of ownership is a kind of protection for the owner of the garage and the land under it: after all, according to the law, no one can be deprived of private property without written permission from the court.

Resolving issues related to the legalization of garages and, accordingly, land plots has been significantly simplified due to the adoption in 2006 of the law on the so-called “dacha amnesty”.

According to this law, before registering a garage, you must complete the necessary steps to register the land on which it is located. This procedure will be free if you have documents for receiving the land, and also if the applicant began to dispose of the land no later than January 30, 2001. In addition, the land must be designated specifically for the construction of a garage.

Only after receiving a positive decision will the owner of the garage be able to officially legitimize it. To confirm the legality of the construction, you should also contact Rosreestr. Before applying, you must prepare an identity card, documents for the land plot, declarations regarding the garage and a receipt for payment of the state duty. If all is well, the certificate for the garage can be picked up in ten days.

We invite you to read: How to calculate the obligatory share of an inheritance according to the law?

If we are talking about legitimizing unauthorized construction, the procedure will be different: before privatizing the land, it will be necessary to register ownership of the building itself. This is often done through the courts. At the same time, you must be prepared for the fact that the court may refuse a positive resolution of the issue.

To register a garage box as a property, if there are no documents, you must first carry out the procedure with the land plot. You will not have to pay it if:

• the owner acquired the land before January 30, 2001;
• the purpose of the allotment is the construction of a garage;
• There is documentation for obtaining a land plot.

To register ownership of a garage, you must have the following documents:

• according to which the plot was transferred to the citizen;
• cadastral plan or technical passport;
• owner's passport;
• receipt for payment of state duty.

Based on the documentation provided, the issue of granting the right to the applicant will be decided. If a positive decision is made, construction can be legalized.

It will not be possible to register a garage without documents that confirm the legality of its construction. To obtain them, you must again contact Rosreestr. Now you will need to submit:

• declaration regarding the property in two copies;
• applicant's passport;
• documentation of the owner's ownership of the land;
• document confirming payment of state duty.

From the moment the documents and application are submitted, the certificate will be ready within 10 days.

It also happens that people build a garage without having rights to the land underneath it, and the purpose of the site may not correspond to such construction. It will be possible to draw up papers for the garage and land, but this is quite difficult to do. There are two ways out of this situation, in particular:

• Registration of ownership of a garage can occur through the court, that is, you will need to submit an application containing a request for recognition of the right to an unauthorized structure;
• You can also contact the city commission.

It does not matter which option is chosen, since in any case it is necessary to provide a certain kind of documentation proving that the construction was carried out at the expense of the person who wrote the application. In particular, you will need drawn up estimate documentation or an agreement, technical papers.

In the case when you want to register ownership of a garage located on a plot of land, the owner of which does not give his consent to construction, then you need to be prepared for the consequences expressed in the demolition of your building.

Even if you go to court if you do not have the necessary documents for the garage, you need to collect the maximum number of certificates and documents, as well as find witnesses who will confirm that you are its owner.

List of required documents when going to court:

• a document confirming ownership of the plot of land on which the garage is built;
• technical passport of the object;
• documents that confirm the construction of the garage (indicating the supplied communications, the year of construction, certificates from the fire and sanitary services about compliance with established standards);
• extracts from the Unified Civil Registers about the absence of other owners of the garage and technical inventory;
• financial documents (payment of share contributions, receipts for construction materials, etc.).

Quite often there are cases when people build a garage on their land without documents. They can even use it for a long time, but in the end, sooner or later they will need to register it as their property. When there are no documents, this is quite difficult to do. But it is still possible to carry out this procedure.

In such a situation, there are two options:

1. Submit an application to the court to have the unauthorized building recognized.
2. Contact the city commission.

One of the most important points is that the owner must prove that he had the right to build a garage on specific land. If it suddenly turns out that the land belongs to the state or a person who did not give permission for construction, then the parking space will be liquidated by the authorized bodies. Therefore, a garage must be built exclusively on your own land.

In today's market conditions (especially in large cities), when every piece of land is seen as a potential site for development, attempts to demolish unowned garages are not uncommon.

To prevent such a sad fate from befalling your garage, you need to register ownership of it as quickly as possible.

In this matter, some nuances must be taken into account.

• If the property was built according to a specific project, then you can obtain a certificate by submitting documents for construction (the project itself, permission to carry out construction work, commissioning certificate) and a technical passport. Write an application indicating your passport details.
• Legalizing self-construction is not an easy task. Sometimes the issue can only be resolved in court. If the garage was built in accordance with accepted construction standards, then you only need to file a claim, attaching copies of your passport and technical passport. Don't forget to pay the state fee. All you have to do is wait and trust that the servants of Themis will recognize your ownership rights to the garage.
• To register a cooperative garage as a property, you must provide to the Registration Chamber: a certificate of payment of the share contribution, a certificate of membership in the GSK and a technical description of the object (from the BTI).

When going to the BTI, you must prepare a package of documents. What will you need to register your garage as your property?

1. Certificate from GSK (for those who are members of a garage cooperative). You can fill it out yourself by asking your neighbors to leave their signatures. Such a certificate will be considered valid if it bears the signature of the chairman of the State Committee and the seal. When drawing up a certificate, the item “garage area” should not be filled in. After all, specific numbers will be known after the garage project is approved.
2. A copy of the certificate of issuance of the land plot under the GSK. It must be notarized. The original document is in the possession of the chairman of the garage cooperative.
3. A receipt confirming the fact of payment for BTI services (drawing up a garage project). At the BTI you can get a ready-made receipt or details for filling it out.
4. A photocopy of the passport of the future owner of the garage.
5. Application for registration of ownership of a garage. It is filled out directly in the BTI.

We suggest you read: Will I be able to dispose of my plot of land if land surveying has not been carried out on it?

You must hand over all these documents to BTI employees indicating the date. Approximately 1-2 months after submitting the documentation, you will be given a garage project drawn up by an architectural technician from the BTI.