Cadastral registration of a garage, garage box, parking space


Is a garage a commercial or residential property?

A garage is an object of auxiliary use in relation to private residential, garden houses, industrial and commercial premises. In the Unified State Register of Real Estate, garages are most often listed as non-residential premises. Garages are not classified as commercial or residential real estate.

There is no exact definition in federal laws, but there may be regional ones. For example, in Moscow, according to the Law of July 3, 2002 No. 38 “On State Control over Accounting...” garages are listed as non-residential facilities. They can be either free-standing buildings and structures, or non-residential premises in residential buildings.

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Conversion of commercial real estate to residential: rules and controversial issues

Converting commercial real estate to residential premises means completely changing the purpose of such a building. And, before embarking on this complex process, it is necessary to understand what commercial real estate is and what a change in its status will lead to.

The essence of changing the status of real estate

The essence of changing the status of commercial real estate and transferring it to the residential section is practically no different in meaning from transferring a residential building to the non-residential category.

But there are also some nuances: a commercial building can appear in a residential area, but on the contrary, it is much more difficult: it is not always possible to make the building suitable for habitation.

Residential standards for people (which include safety requirements: sanitary, fire and others) are much stricter for this type of housing.

The list of requirements for refurbishment is quite extensive - and sometimes it is easier to sell existing real estate in the status in which it is, and invest the proceeds as needed.

Now, due to the changing situation in the real estate market and the widespread return of commercial buildings (usually apartments on the ground floors) to their former residential status, the owners of such real estate have many questions.

Commercial fund real estate concept

Before understanding the intricacies of changing the status of a premises, you should understand what commercial real estate is. It includes structures, land plots, as well as buildings and their parts used to generate commercial profit or income.

The law classifies the following as objects related to such real estate:

  • Retail facilities (shopping centers, points of sale, shops and other premises).
  • Office premises (administrative buildings, business centers, non-residential premises on the ground floors).
  • Industrial building.
  • Warehouses.
  • Parking lots (garages and parking lots also have this status).
  • Hotel buildings.

All the features of re-registration and changing the status of real estate (and it does not matter whether it is commercial or residential) are clearly stated in the legislation of our country, namely, in the Housing Code. Here you will find the procedure, deadlines, and a list of documentation.

Conditions for changing the status of real estate from commercial to residential

In order to be able to change the status of your existing real estate, you need to fulfill a number of conditions specified by law:

  1. Premises isolation – the property must be separated by partitions.
  2. The presence of a zoned residential area and developed infrastructure.
  3. Integrity of load-bearing structures (no deformations, other changes, cracks).
  4. Eliminating the risk of injury - this applies to both the internal condition and the surrounding area of ​​the premises.
  5. Availability of necessary utilities (water supply, ventilation, heat exchange network, electricity, sewerage and others) and their strict compliance with sanitary requirements.
  6. Protection against water penetration and leaks.

In this regard, when converting real estate to residential use, you cannot do without the following actions:

  • provision of engineering communications required by law and sanitary standards in the premises,
  • checking load-bearing structures and eliminating problems if detected,
  • equip communications,
  • install devices that provide protection against water leakage.

Documents required to change the status of real estate

To transfer premises from one fund to another, the owner of such premises will need to provide a set of documentation to the local government:

  • Technical data about the premises (plan) with description.
  • Application in the appropriate form.
  • Layout of the building - if it has more than 1 floor.
  • Originals of title documents (or their notarized copies).
  • Project of the necessary redevelopment (if this is required by law).

Legislative acts (in particular, Article 23 of the Housing Code) indicate a clear list of these documents, but this does not eliminate the situation when, when considering an application, there will be a need to provide other acts.

Prohibition on changing the status of real estate

The Housing Code contains requirements that indicate the impossibility of transferring real estate from one fund to another under certain conditions - more precisely, their non-compliance.

Article 22 directly specifies clear requirements for residential premises, and failure to comply with these requirements makes the transfer of premises simply impossible.

So, it is impossible to change the status of a room that:

  • Limited right of disposal, i.e. consists of a pledge, a mortgage, or has already been leased, encumbered with the rights of third parties (temporarily or permanently).
  • Unsuitable for habitation - i.e. does not meet the requirements and standards.
  • The premises are already residential.

Stages of transferring real estate from commercial to residential

After submitting the application and all documents, they are reviewed for 45 days (no longer) and a decision is made. After making the appropriate decision, the authorized organization issues a document about this to the applicant - and all owners of neighboring premises are notified about the adoption of such a decision.

This is done to obtain their permission if it is necessary to carry out any work to reconstruct the facility. After all the necessary changes have been made and the corresponding acceptance certificate has been issued by the commission, which is sent to the special registration authorities (cadastral).

And this document completes the transfer of the premises, as a result of which a premises passport (cadastral) is issued and appropriate changes are made to the ERPN. The result of the translation is the receipt of a repeat Certificate of Title - a document of ownership.

Sources

  • https://JuristPomog.com/entrepreneur/mozhno-li-otkryt-magazin-v-garazhe-o-biznes-plane.html
  • https://ros-nasledstvo.ru/kak-perevesti-garazh-v-zhiloe-ili-nezhiloe-pomeshhenie/
  • https://registr-msk.ru/%D0%BA%D0%B0%D0%BA-%D0%BF%D0%B5%D1%80%D0%B5%D0%B2%D0%B5%D1% 81%D1%82%D0%B8-%D0%B3%D0%B0%D1%80%D0%B0%D0%B6-%D0%B2-%D0%BA%D0%BE%D0%BC%D0 %BC%D0%B5%D1%80%D1%87%D0%B5%D1%81%D0%BA%D1%83%D1%8E-%D0%BD%D0%B5/
  • https://advokat144.com/kak-perevesti-nezhiloe-pomeschenie-v-garazh/
  • https://gupskgkhkir.ru/kak-perevesti-garazh-v-kommercheskuyu-nedvizhimost/

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Is it possible to convert a garage into a commercial property or private home?

The possibility of converting a garage into a living space depends on its type and design:

  1. Capital structure or structure: a foundation and at least two load-bearing walls are required. It can be built on an individual housing construction site or on the territory of a garage cooperative. It is easier to convert such a garage into a residential building or commercial property, but not always.
  2. Non-permanent buildings: metal garages, “shells”. There is no foundation in such boxes. They can only be used for storing or repairing vehicles. Conversion to a commercial or residential property is not possible; non-permanent garages are not considered real estate.

Note! Converting a garage into a living space is possible if the site on which it is located is owned. If the property has several owners, the consent of each of them will be required.

If the non-residential premises are in a garage cooperative

Conversion of a garage in GSK into commercial real estate or residential premises depends on the purpose of the land plot on which it is built. If “blocked residential development” is specified as the type of permitted use, housing construction is possible. But most often, land plots in GSK are intended for storing vehicles, and there cannot be residential or commercial premises there.

It is important to consider that it is easier to create a living space by adding an upper floor, having coordinated all work with the administration of the cooperative. In addition, if at the time of reorganization all shares have not been paid in, the procedure will simply not be allowed.

How to convert residential premises into non-residential ones?

What is non-residential premises - definition according to the Housing Code of the Russian Federation

The garage is registered as a non-residential premises

This name is usually called:

  • metal free-standing structures;
  • "shells";
  • boxes in garage cooperatives;
  • buildings that have a foundation;
  • other buildings in which the car is stored.

Real estate is an object that has a foundation that provides a strong connection with the land. Therefore, “shells” and metal structures that can be moved from place to place do not fall under this definition. Such objects are classified as movable property.

Registration of rights to such property occurs according to a different scheme, and according to the norms of other regulations. Therefore, it is worth carefully inspecting the building you are purchasing.

Does it have a foundation? Will it be a real estate property? Not only the process of registering rights, but also further taxation depends on this.

Receipt of payment of the duty.

If the applicant is the first member of the cooperative who decided to register the right to a garage, then these documents must also be added: The charter of the GSK and the minutes of the meeting of members at which the chairman of the cooperative and a complete list of members of the cooperative were elected Certificate of registration of the cooperative as a non-profit organization and also personnel order on the appointment of the chief accountant to the position Documents that confirm that this cooperative had the right to build garages on this site can be classified as such documents:

  • site lease agreement concluded with local authorities;
  • order of local authorities to provide this site for construction

Registration of rights All these documents (some in copies, and some in originals) are submitted to the territorial office of Rosreestr at the location of the property.

Garage - registration of ownership of non-residential premises

  • When accepting an application, the employee must check that all fields of the prescribed form are filled out correctly.
  • If the applicant does not have a completed application or it is filled out incorrectly, the specialist responsible for receiving documents fills it out independently in the software and hardware complex (with subsequent submission to the applicant for signature) or helps the applicant fill out the application with his own hand.
  • Even filling out an application for registration of non-residential premises (and residential premises too) is not the easiest task. Accordingly, the entire registration of ownership of a garage, for example, may not be feasible for someone. And some people simply don’t want to waste time queuing and collecting papers. Entrust this to us - and your property will be registered legally in the shortest possible time.

Registration of garage ownership

Important

They can be located in cooperatives or separately built, they can be on summer cottages or unauthorized buildings. All these factors directly affect the legal status of the object, as well as its further “fate”.

Each type has its own individual characteristics, which affect the process of registering rights to it, its taxation and the possibility of leasing this building. You need to know all these features in order to avoid problems with the law. They may arise, for example, if a citizen applies for a tax deduction, and the building he purchased is not considered real estate. In this case, the buyer will simply lose part of his funds and be disappointed. But there could be worse situations. Therefore, you need to clearly know what to buy or what to rent, and for this you need to understand each type of real estate.

Built-in non-residential premises or garage box?

Attention

Two copies marked by Rosreestr will remain with both parties to the transaction, and the third will remain in Rosreestr. When purchasing a garage, all tax deductions that are due upon the purchase or sale of real estate by each party apply.

Stages of registration of ownership Like any other transaction, registration of an object as property consists of several stages. These are: It is necessary to prepare documents; this stage depends on which garage is being registered as a property - located in the GSK or an individual building. It will be more difficult to obtain the right to a box, which is an independent building. If the land under it is still not owned, then you need to start by registering the right to it.

You can simultaneously submit documents for registration of both the site and the box. If it is located in a cooperative, then registering the rights is somewhat easier, especially if the application is collective.

Does the amnesty not apply to garages? about the amnesty - you have a plot of land registered in your name, on the right of ownership or lease, you took and built a garage, a house, a barn there, but without a project, without other papers - in this case the amnesty will help. If you just took and built a garage, but there is nothing for the land, an amnesty will not help here. About the garage and the garage cooperative - only the garage cooperative will be allowed to register the land for the garage, accordingly it pays the land tax and for the electricity, the chairman only charges the total amount to all members , it’s practically impossible to leave the cooperative yourself and get ownership of the land, by the way, almost all cooperatives have land on lease from a year to 5, and at any time they may not renew the contract - they will wave their hand and build a high-rise building...

Often, the GSK watchman has such information. Agree with the owner on the amount of rent, then the parties prepare all the necessary documents. Enter into an agreement between themselves; if it is concluded for a period of more than 1 year, then it must be registered with Rosreestr. A typical garage lease agreement is not much different from the agreement renting another property. It must indicate: Information about both parties and about the object itself Information and term of the transaction and the amount of rent Rights and obligations in relation to each other and the subject of the transaction Responsibility of the parties for violation of the terms of the contract and other important points that are relevant specifically for this agreement Registration purchase and sale agreements A garage, like any piece of real estate, can be sold. To do this, you need to draw up a purchase and sale agreement and then register the transaction.

If the garage is registered as a non-residential premises

After this, all these documents must be sent to local authorities. Such an application will be considered within one month and a final decision will be made.

If the procedure prescribed by law is followed and the application is filled out correctly, as well as the availability of all necessary documents, most likely, local authorities will make a decision in favor of the applicant. Registration of rights to a garage: pros and cons When becoming the owner of a garage on the basis of the law, the owner has the right to:

  • sell;
  • to rent;
  • bequeath;
  • give;
  • exchange it.

However, the land under the building will be under long-term lease.

In order not to be listed as a temporary user of the site under the garage, there is a privatization procedure.

Why is the garage registered as a non-residential premises?

If only one member of the cooperative decided to do this, then he should not have any problems, with a full package of documents. Then you need to write an application for registration of the right and submit all documents to Rosreestr; if there are no questions about the documents, then after 10 days the applicant will receive certificate of ownership The registrar has the right to refuse the applicant to register property if the documents are completed incorrectly or the package is not complete. To avoid such incidents, you can turn to professionals who provide such services to the public.

You can also have all copies of documents certified by a notary. This will help verify their legal accuracy and significantly reduce the time required to register the right.

How to turn a garage into a living space?

If the type of permitted use of the land allows the owner to make a living space instead of a garage, there is no need to change it. In other cases, you must first coordinate the change with the administration and make adjustments to the Unified State Register, and then deal with the premises.

The owner has several options:

  1. Build a living space nearby.
  2. Make an extension over the garage (second floor).
  3. Remodel the garage itself.

Note: in all cases, it is imperative that the premises being converted into residential premises meet the established requirements.

Requirements for residential premises

Requirements for housing are specified in Decree of the Government of the Russian Federation No. 47.

What criteria must a property meet in order to be recognized as residential:

  1. Availability of utility networks: water supply, electricity, drainage, heat supply, ventilation. If the area is gasified, gas supply will be needed.
  2. The presence of load-bearing and enclosing structures, and they must be in good condition. The presence of tilt, deformation and other defects is not allowed.
  3. Arranging the premises in such a way that the risk of injury to residents when moving at the entrance and inside can be prevented.
  4. Height - no more than three floors if transfer to a private house is planned.
  5. Compliance with the requirements for the maximum permissible level of noise, vibration, electromagnetic and ionizing radiation.
  6. The presence of at least one room and a kitchen.
  7. Availability of windows: in one- to three-room premises - at least in one room, in 4-6-room premises - at least in two rooms.
  8. If the building is located on a site for gardening and vegetable gardening, and there are no central networks in the area, the absence of sewer latrines and water supply is allowed.

Important! There are also requirements for ceiling heights. In most areas, ceilings in residential premises must be at least 2.5 m, in some - from 2.7 m. Details need to be clarified with the administration.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

What are they?

Garages are different. These can be permanent buildings, that is, full-fledged buildings, metal structures or other lightweight structures. Many vehicle owners who are planning to buy a house for their iron horse are concerned about whether a garage can be considered a building or structure.

Depending on this, the necessary documentation for registration and options for using the premises may differ. Sometimes garages are purchased for a special purpose, for example, to run a business. Managing such a business requires some special documents.

How to convert a garage into a living space: step-by-step instructions

To combine a garage with a living space or convert it into a residential space, you need to follow several steps:

  1. Conduct an examination to determine compliance with the requirements.
  2. Collect documents.
  3. Submit documents for consideration to the interdepartmental commission.
  4. Wait for the examination.
  5. Receive a conclusion and decision on transfer.
  6. Make changes to the Unified State Register.

Legal advice: it is better to first clarify the type of permitted use of the land. To do this, you need to order an extract from the Unified State Register of Real Estate. It is completed within three days if you leave an application online through your personal account on the Rosreestr website.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Step 1: conducting an examination

An examination is not necessary. It is needed to determine whether the garage meets the requirements for residential premises. If not, you will have to do a redevelopment; it requires approval from the BTI and the issuance of a new technical passport from a cadastral engineer. In some regions, instead of the BTI, the administration handles the approval.

Step 2: collecting documents

What documents will be needed to convert a garage into housing:

  • application to change the status of non-residential premises to residential;
  • passport;
  • extract from the Unified State Register of Real Estate;
  • title documents for the land plot and garage;
  • registration certificate;
  • expert opinion (if an examination was carried out);
  • written consent of all owners of the property, if there are several of them.

If redevelopment is required, an additional project is provided. It can be ordered from an organization that has SRO approval.

Step 3: Submitting documents

Documents are submitted to the interdepartmental commission at the location of the facility. If it is not available in the region, the housing inspection will deal with the issue of changing the status.

Having received documents from the owner, the employee must issue a notification of receipt with an inventory and deadlines for consideration.

Contents and sample application

There is no unified application form at the federal level, but the administration may have one. A sample and form are usually given when submitting documents, but it is better to fill it out at home in a relaxed atmosphere by downloading the necessary documents online.

What information is indicated in the application:

  1. Where to send: name, address of institution, full name. leader.
  2. From: Full name, address, telephone number of the owner-applicant.
  3. Information about real estate: date of registration of ownership, address, name, cadastral number, total area.
  4. Request to transfer non-residential premises to residential premises.
  5. Description of submitted documents.
  6. Date of compilation, signature.


Sample application

Consultation on document preparation

Step 4: Inspection of the premises

Based on the owner's application, the commission inspects the property to determine whether it meets the requirements for residential premises. After receiving the documents, the list of experts who will conduct the examination is determined. Most often this includes employees of the Ministry of Emergency Situations, housing inspection, urban planning committee, and other departments.

They will check not only compliance with standard requirements, but also compliance with sanitary, hygienic and fire safety standards.

Step 5: obtaining a conclusion

Based on the results of the examination, an act is drawn up, on the basis of which the authorized body issues a conclusion. A decision is made to convert the garage into living space. One copy is given to the owner; you need to come with it to Rosreestr and submit an application for amendments to the Unified State Register of Real Estate.

Contents and sample conclusion

The conclusion is filled out according to the approved form. It must contain information about the property being surveyed, the composition of the commission, and the owner. The wording “a conclusion was adopted on compliance with the requirements for residential premises” is also included.


Sample application

Consultation on document preparation

Step 6: making changes to the Unified State Register

Changes to the type of real estate are made on the basis of a decision or resolution of the administration to transfer non-residential premises to residential ones. The owner can make adjustments by submitting documents directly to Rosreestr or through the MFC. In some regions, applications are also accepted through State Services.

How to register a store in your garage?

Store registration is a requirement

Of course, before you start your trading activities, you will need to register your store with the appropriate authority. This procedure involves a number of necessary measures. Where should I start? Use the following reminder to ensure you don't miss anything:

  • As a rule, garages are considered buildings for utility purposes. To re-register a building as a retail outlet, you must, firstly, leave the garage cooperative (if you are a member of one), and secondly, obtain the appropriate permission from the administration of your area.
  • The next step is to obtain permission to reconstruct the garage from the local architectural inspectorate. You will need to have with you a ready-made project for the converted building (ideally, completed by a specialist savvy in this matter), which will have to be agreed upon with the chief architect of the area. If everything goes well, you will be given the appropriate act, which, in turn, will need to be drawn up with the administration and municipal services of the district.
  • After converting the garage into a store, you will have to visit the architectural inspection again. This time your goal will be a document confirming that the building complies with all the standards specified in trade laws.

Finally, the future enterprise must be registered with the Federal Tax Service. Today, the easiest way to register a small shop is as an individual entrepreneur (to do this, you will need to write a corresponding application and submit it to the government agency along with your passport, INN, SNILS, as well as their copies).

In addition, you will have to take care in advance of preparing documents confirming your right to use the garage (lease agreement) or ownership. Also, during registration, you will be asked to select the type of activity of the future enterprise according to OKVED, as well as the expected type of taxation (owners of individual entrepreneurs are recommended to choose the simplified one).

Once the enterprise is registered, the matter remains small. Contact the sanitary and epidemiological service and the fire inspectorate for information on the compliance of your building with all current safety requirements. If your store specializes in selling food, you will need to obtain the appropriate document from Rospotrebnadzor.

Remember: owners of retail outlets selling alcohol or tobacco products are required to take care of acquiring the appropriate licenses in advance.

How to convert a house into a garage?

A non-residential building (garage) can be converted into a house. The procedure looks like the one described above. There are fewer requirements for non-residential premises than for residential ones, and they mainly relate to sanitary, hygienic and fire safety.

Requirements for garages

The criteria for garages are set by different SNIPs. To convert a residential building into it, you need to meet several parameters:

  1. The distance from the structure to the neighboring house is at least 6 meters. This is important so that in the event of a fire, the fire does not damage the neighbors’ homes.
  2. At least 3 m to the walls of the main house, so that in the event of a fire, a fire truck can pass to extinguish it.
  3. The distance to the boundaries of the dacha plot is from 1 m, so that people can walk along the pedestrian path if the car is parked near the garage.
  4. The distance to the fence with neighbors is at least 1 m, so that the building does not cast a shadow on their property.

There are other fire safety requirements. They relate to the type and quality of wiring. In addition, it is necessary to run a separate power supply line to the garage and cover all lighting fixtures with nets, grilles or protective shades. A fire extinguisher is required.

Documentation

Before moving a residential building into a garage, you need to collect all the documents:

  • statement;
  • the document on the basis of which the right of ownership arose: agreement of purchase and sale, rent, exchange, gift; certificate of inheritance;
  • extract from the Unified State Register of Real Estate;
  • cadastral passport;
  • registration certificate

Note: the list of documents may vary depending on the requirements of regional laws.

What type of property is it?

A building that is insignificant in volume does not exempt you from questions that may arise when purchasing it or constructing it yourself. These difficulties primarily affect the list of documents that will need to be collected. The main thing here will be what type of garage box it is. Depending on the type of real estate, different documents may be required.

OLYMPUS DIGITAL CAMERA

A certain list of papers is needed for movable or immovable property. Any light building that can be redirected to another location is considered movable. Such property may include a metal garage. Real estate is something global and capital, having a solid foundation and a rigid connection to the ground, for example, a brick garage.

When can a transfer be refused?

Residential garage status may be denied for several reasons:

  1. Non-compliance of the premises with established requirements. This is the most common reason for failure and is why a remodeling project is most often required.
  2. Having utility debts. To resume the procedure, it is enough to repay them and submit a certificate of no debt to the administration.
  3. Encumbrances in the form of arrest or pledge. The arrest will have to be lifted by paying off the debt. The pledge is released only upon fulfillment of obligations to the creditor.
  4. Providing an incomplete set of documents. Most of the information is requested by the administration of government agencies independently. If something needs to be conveyed, the applicant will be notified and given several days.
  5. Inconsistency with the purpose of the land plot. They will not be allowed to place a residential building in a garage cooperative, but it is easier to open a store in the private sector after refurbishment of the premises.

Note! If the transfer of a garage to the status of a residential building is refused unreasonably, this can be appealed in court. An administrative claim is filed, the case is considered by the court at the defendant’s address. If the claims are satisfied, the decision to refuse will be canceled and the garage will be transferred to residential premises.

Is it possible to register in a residential garage?

If you convert a garage into a living space, the issue of registration immediately arises. And the law is on the owner’s side here. register in a residential garage , provided that the building is recognized as residential and meets the requirements of SanPiN.

For example, in Moscow or Sochi there are enough residential garages - this is one of the most popular types of real estate. A two-story residential building can cost from 700,000 rubles, and in the capital prices reach 6 million rubles.

As you can see, this is a full-fledged residential premises with the possibility of registration. Accordingly, receipts for housing and communal services will begin to arrive at the address of the garage. You will first have to submit an application to the town planning department of the local government. The residential building will be assigned a postal address . At the same time, the owner will be required to pay an annual tax on a residential garage.

Sometimes it is necessary to convert an apartment into a residential building (townhouse) - also read about this in our article.

Is it so easy to convert a garage into residential or non-residential premises? Practice says otherwise. People complain about the refusal of the authorities, the reluctance to change the purpose of the land, to issue certificates and new documents. It is very difficult for those who have a garage in a cooperative - the transfer is only available after leaving the GSK, and this is not easy. In addition, the building may be recognized as an unauthorized construction, then you will have to prove the opposite and make a technical plan at the BTI. There are plenty of difficulties, and not everyone can solve them right away. If you are confused and need legal advice, contact our experts. They will help you convert your garage into a residential or non-residential building, taking into account your situation. Consulting a lawyer will help you avoid problems, risks and administration refusal.

Watch a video about how a garage is sold for living in Moscow, whether it is legal and what the consequences are for the owner:
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Arbitrage practice

There are quite a lot of cases of re-registration of residential premises into parking spaces and garages and vice versa. They can also be connected to other non-residential objects. Here are some examples:

  1. On the transfer of non-residential premises to residential premises, recognition of ownership (Decision No. 2-178/2019 2-178/2019~M-54/2019 M-54/2019 dated June 14, 2021 in case No. 2-178/2019). The claims were denied.
  2. On changing the purpose of a property from non-residential to residential (Decision No. 2-1018/2019 of August 28, 2021 in case No. 2-1018/2019). The requirements have been satisfied.
  3. On the transfer of a non-residential garage and other premises to a residential property (Decision No. 2-630/2018 2-630/2018 ~ M-443/2018 M-443/2018 dated May 17, 2018 in case No. 2-630/2018).

Lawyer's answers to private questions

Can the garage be used for storage?

If the warehouse is needed for commercial activities, you will have to change the purpose of the land plot and the garage itself. Otherwise, the owner may be charged under Art. 8.8 of the Code of Administrative Offenses of the Russian Federation in the amount of up to 1% of the cadastral value of the site. If you plan to simply store personal belongings in the garage, there is no liability; they can be left there.

Is it possible to register in a garage?

No. Registration of people is possible only after the garage has been converted to residential status.

How to convert non-residential premises into a parking space?

Since 2021, a parking space has been considered an independent piece of real estate, but in order to be considered as such, it must be registered in the cadastral register. It is possible to convert a non-residential property into a parking space, but you will have to make a new registration certificate. It is important that the parking space matches the dimensions: from 5.3 x 2.5 to 6.2 x 3.6.

What is the difference between a non-residential premises and a garage?

A garage is a non-residential premises for auxiliary purposes.

I want to convert my garage into a home. It was purchased as a marriage. Is husband's consent required? Everything is registered only in my name.

Yes, the spouse’s consent is required for the transfer, even if the property is registered in the name of only one of the spouses. Based on Art. 35 of the RF IC, ownership and disposal of common real estate is carried out with notarial consent.

How to rent a garage

In the event that the garage is defined as a real estate object and is also the property of a private person, it is permissible to rent it out. To do this you will need to sign a lease agreement.

Garages are not often state-owned, which means that a private person will act as the second party to the agreement.

To register a garage for rent, you need to perform the following manipulations:

Find an owner who agrees to do thisYou can visit GSK, where a potential employer plans to rent a box. Basically, advertisements regarding the rental of garages are posted on the notice board or at the gatehouse. Sometimes the GSK watchman himself has such information.
Discussion with the owner of the rental amountafter which the parties collect and prepare the relevant documentation;
Signing the agreementIf the contract is concluded for a period of more than one year, it is necessary to register with Rosreestr.

A standard garage lease agreement is not much different from a lease agreement for other real estate.

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