Privatization of land under a garage, how to privatize land under a garage into ownership in 2021

Is it possible to privatize the land under the garage?

Privatization refers to the transfer of state property into private hands . In fact, absolutely any property can be privatized, be it a house, apartment or land. In the case of land under a garage, privatization is formalized specifically for this part on which the building stands. This plot may have been previously issued for indefinite use, or issued on a lease basis. Thus, the plot is purchased from the state or municipal authorities.

The final stage of privatization, regardless of the type of property, is registration with Rosreestr. Without it, the owner will not be able to dispose of the property as an owner.

You can privatize the land under the garage for free in the following cases:

the building belongs to a garage and construction cooperative;
the garage is a separate building, has its own entrance and walls, and is registered in accordance with the law on dacha amnesty;
received before 2001.

The garage owner will have to ask other members of the cooperative for approval. Permits are issued in writing.

When privatizing land under a garage owned by a cooperative, you will have to obtain the consent of all participants and draw up an agreement with each.

The concept of “free privatization” is conditional. When receiving certain documents and performing a list of procedures, you will have to pay specialists .
There is no need to pay only for the privatization itself. If it is paid, the amount is calculated based on their cadastral value (indicated in the cadastral passport).

Why might such a procedure be necessary?

The first thing to consider is that only the garage owner who has been registered with Rosreestr has the right to privatize land. And here the question immediately arises - why do you need to register a land plot if the building itself is already owned? Here are the main arguments in favor of personal property:

No one can deprive you of your building, only with consent or in court with mandatory payment of compensation. Owning a structure does not guarantee that the owner cannot demand the demolition of your structure.
Only by having the rights to the building and site can the property be disposed of at its discretion (sold, bequeathed or donated).
By receiving personal ownership of a plot of land, you eliminate the possibility that the owner will refuse to renew the lease agreement.
No one will be able to challenge the legality of construction on this site.

The legislative framework

Before proceeding with the privatization of a land plot under a garage, it is necessary to study in detail the regulations related to this process:

Art. 123.2 of the Civil Code of the Russian Federation - describes the features of a consumer cooperative;
Federal Law-3085-1 - nuances of consumer cooperation;
FZ-218 - law on state registration;
FZ-93 - specifies the features of the dacha amnesty, which also includes garages and the areas where they are located.

Remember also about Federal Law-1541-1 , which talks about the privatization of the housing stock of the Russian Federation.

List of documents

To privatize the land under the garage you will need the following documents :

passports of the applicants (if there are several of them, as in the case of a cooperative, or one in the case of individual privatization);
certificate of ownership;
certificate from the Cadastral Chamber , issued after measurements of the territory;
technical certificate;
minutes of the meeting of cooperative participants (in case of privatization of cooperative property);
list of cooperative members;
receipt of payment of state duty.

At the end, it is necessary to register the transfer of ownership rights in Rosreestr.

How to privatize land under a garage in a cooperative?

If the object located on the privatized territory belongs to a garage cooperative, the procedure becomes somewhat more complicated. As a rule, such garages are built on a common foundation and are adjacent to each other. That is, they have at least one common wall. In this case, it will be possible to privatize an entire plot of land occupied by buildings. It will not be possible to separately allocate the land under your garage. Thus, every member of the cooperative takes part in privatization. If one of them is against it, nothing will work.

The procedure for privatizing land under a garage owned by a cooperative is as follows:

All members of the cooperative gather to discuss issues. The decision to privatize must be unanimous.
A protocol is drawn up and signed by each member of the meeting.
An application is drawn up collectively and submitted to the Land Department. The application must state your request in detail.
As a rule, documentation and its preparation are carried out by the chairman of the cooperative.

If the garage is a separate building and stands on its own foundation, the privatization of the land occurs according to a simplified scheme. In particular, there will be no need to transfer the ownership of the entire land plot to each member of the cooperative. You can deal exclusively with your part of the land.

The success and speed of the procedure directly depends on whether the documents are in order or not. If even one of them is missing, the privatization process can drag on for a long time.

The chairman must issue a certificate confirming the registration of the cooperative with local authorities. The document is presented to the Cadastral Chamber, which, in turn, measures the plot and then draws up a description. It, as well as other documents from the general list, are transferred to the registration chamber.

Sample application for privatization of land under a garage.

Please note that BTI does not measure and survey land plots. Since 2013, this responsibility has been assigned to the Cadastral Chamber, which is subordinate to Rosreestr and is endowed with certain functions. In particular, it issues a cadastral passport. In fact, it contains almost the same data as the technical one, but the cadastral value has been added to it. The information in the cadastral passport is updated every 5 years.

Why register land rights?

Russian parking lots are built in different ways: according to the technical plan, permission, or without any approvals. A building plot is provided to a private owner on a leasehold basis or allocated by decree of the local government for individual housing construction. Sometimes the land area under the building is used without any permits.

If a citizen does not have documentation to own a plot of land, local authorities can take it away. After all, in fact, the land area is state-owned. In addition, the owner of unregistered property may be subject to administrative liability. He will be fined for erecting an illegal building. The garage building itself will be required to be demolished. The owner of the illegal building will not receive any compensation for the demolished object.

If the site where the object stands has not undergone the privatization procedure or does not have a lease agreement, then all rights to this area are with the local authorities. The owner will not be able to legally rent out the property. Also, he will not be able to sell the garage building if it is located on an unauthorized plot.

How to register land under a garage individually?

Privatization of land under a garage that is not a member of the cooperative, under the dacha amnesty, is carried out as follows:

All necessary documents are collected. Among them there must be a certificate confirming ownership.
An application is submitted to the administration.
The documents are transferred to the Cadastral Chamber. Specialists go to the site, take measurements and evaluate. The cadastral passport indicates the established value of the land plot.
Signing an agreement with the administration.
Registration of transfer of ownership rights in Rosreestr.

In the case of paid privatization, the land plot will have to be purchased from municipal authorities at the cost indicated in the cadastral passport. A deposit of 10% of the total price may be required in advance.

Alternatives to privatization

There is no complete replacement for land privatization. Since there is no other way to get a place under the garage at your complete disposal.

You can, of course, enter into a long-term lease agreement, but after its expiration you will have to either re-issue the document (if the owner agrees) or begin the process of obtaining the plot as personal property. However, there is a considerable risk that at the end of the lease agreement, the landowner will refuse to renew it. And in this case, you can lose not only all rights to the site, but also the building itself.

Taking personal ownership of the space under the garage is the only way to protect yourself from loss of property. In addition, only with rights to a land plot can one bequeath, sell or exchange a building located on it.

Registration of land under the garage in Rosreestr

Information about the new owner of the land must be included in the state register. Without this, the owner legally has no right to dispose of his property.

To register land, list of documents to Rosreestr :

passport;
cadastral plan;
receipt of payment of state duty;
with an amendment or certificate of transfer of rights to land from municipal authorities (or a cooperative) to the owner.

2 weeks are allotted for review of documents . The owner will receive an extract from the Unified State Register with all the necessary notes.

How is the site registered?

The procedure for registering land ownership takes into account its status and the number of owners.

Storage area under a separate building

A third party has no right to claim the land under registered property, and even if the authorities seize it for the needs of the city, the owner will receive compensation.

Registration of the plot will provide the owner with protection from encroachments on it and possible seizure.

To do this you should:

collect documents confirming the rights to the garage;
if necessary, order a construction examination of the building if the garage is not properly decorated;
submit a petition for transfer of ownership of the plot;
obtain approval from the administration and enter into a purchase and sale agreement with the municipality;
pay 1-3% of the cadastral value of the land;
obtain title documents for the land.

If the development is unauthorized, you must initially go to court , and only after a positive verdict from the judges apply for registration of land rights.

The plot belongs to a garage cooperative

To register the rights to the common land of the cooperative, previously leased, one should act collectively.

For this:

convene a general meeting to make a unanimous decision on the privatization of land and the procedure for paying taxes and state duties. Enter everything into the protocol, which will be signed by each participant;
then you need to issue technical passports for each parking space, and a cadastral passport for the common land;
delegate the rights to represent the interests of owners and sign acts to the chairman of the cooperative;
apply to the Department of Administration for Property and Land Issues to allocate the tract to the shared ownership of GSK;
after consideration of the issue, the owners of parking spaces will become shareholders or will be refused. In the latter case, you will have to go to court.

Important! The administration has the right to transfer the land into shared ownership free of charge or demand payment of up to 1/5 of its market value.

If the storage unit is leased

Such privatization is also carried out with the permission of the administration.

It is required to prepare technical and cadastral documents for the objects.
Apply to the Land Affairs Department.
Provide a package of documents, including a certificate of transfer of the site for rent.
Obtain consent and register rights in Rosreestr.

The municipality may require payment of up to 1/5 of the market value of the land. In this case, a purchase and sale agreement is concluded.

Reference! Only tenants who have entered into an agreement in accordance with the rules, Art. 25 of the Land Code of the Russian Federation.

If documents are missing

The main condition for starting privatization is the title documents for the construction. If they are not there, then the owner has no grounds for registering rights to the site.

Therefore, when self-building, you should go through all the courts to obtain a court decision , which will become the title document. Based on the decision, it will be possible to apply to Rosreestr to register rights to the object, and then begin the process of registering the land.

Deadlines

Privatization of real estate, although it does not require significant efforts from the applicant (if, of course, all documents are in perfect order), but makes you languish in a long wait.

The timing is approximately as follows:

consideration of the application by the authorized bodies - 30-60 working days;
issuance of documents at the Cadastral Chamber - from two weeks from the date of request;
registration of rights in Rosreestr - about 14 days.

Thus, in case of successful privatization, you will need to wait at least 2-3 months. And if any difficulties arise, it will take even longer.

Price

And, of course, one of the most pressing questions that concerns many citizens who are planning to privatize real estate: how much does the service cost?

It is difficult to give an exact amount, since it depends on many factors. But we will still make an approximate calculation. As an example, consider the dacha amnesty deal:

cadastral passport - about 8,000 rubles;
state duty - 2,000 rubles (for legal entities - 22,000 rubles);
additional expenses, depending on the situation (notary services, fines for illegal construction, etc.).

If privatization is carried out not according to a simplified scheme, according to the dacha amnesty, but for a fee, the cost of the land itself must be included in the total amount.

Note! All amounts are approximate. You should not rely specifically on them.

Distance between the garage and other objects

If the owner plans to locate the garage on the border of the plot with the street, according to Art. 11.23 and table 10 given in Art. 11.25, the building must be located away from:

The maximum distance is measured from the boundaries of roads or building windows to garage walls.

For buildings with increased fire resistance, it is allowed to reduce distances by a quarter if there are no opening windows and entrances oriented in the direction of residential and public buildings.

It should also be mentioned how many meters from the fence you need to retreat. The width of the free space from the border of the site to the planned wall cannot be less than a meter. However, if there is an outbuilding or house in the immediate vicinity of the neighboring plot, this distance will not be enough.

SNiP 01/21/97, in force since 01/01/98, regulating the fire safety of buildings and structures, states that from the garage to any building, including not on your own site, there must be at least 6 m. The developer can measure the distance between the fence and the neighbor’s garage and figure out where you can put yours.

It is also important to take into account that at least five meters should be left between the building and the red line drawn in the general plan, otherwise construction is unacceptable.

Another important question that motorists planning to build a special room for a car may need an answer to is how far from the railway a garage can be built. The approved rules give a figure of 100 m, but when implementing noise protection measures, the distance can be reduced to 50 m.

It would not be amiss to mention the permissible distance of the building from the gas pipe. If the gas pipeline is above ground, the distance is not standardized. In the case of an underground pipeline, the distance to the garage depends on the pressure in the pipe. The norm ranges from 2–10 m.

Combining a garage with other buildings

Garages can be of many different types:

free-standing,
built-in,
attached.

The distance to the border with the neighboring site is measured separately from each object. It is important to choose the side of the extension so that the minimum distance from the boundaries of the site meets the above requirements.

The option of using a garage wall instead of a fence is not excluded, but only if the latter is one meter or more away from the boundaries of the site. Thus, it is easy to understand whether a garage can be built close to the fence. It is forbidden.

In addition, if the site borders on a side passage, you need to retreat three meters deep into your site from the edge of the roadway. And if this is the central road, then all five.

Advantages

The advantages of privatizing land under a garage for the owner are obvious:

if the garage is confiscated in favor of the state (this happens, although rarely, but quite realistically), the owner will receive financial compensation ;
the owner has the right to use privatized real estate at his own discretion;
the ability to transfer an object by inheritance;
guarantees that no one will challenge ownership.

Thus, we can conclude that privatization is still necessary. Moreover, this will not be difficult to do.

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Conditions to be followed

Depending on the initial data, different conditions must be met for an application for registration of ownership of a plot of land:

if the property is common and the GSK has been created, the consent of all members of the cooperative is required to register the plot as property;
it is important that GSK has the status of a legal entity;
if the building is individual, it is necessary that the owner has ownership rights to it;
When constructing a garage illegally, you should initially establish your rights to it through the court and register it, and then resolve the issue with the land.

To register rights to a leased plot, you need:

so that the contract is for 10 years or more, and the land has been used for 3 years;
the presence of a building on the land to which the owner has rights;
The applicant has not previously used privatization of parking spaces.

Important! If an offender who has illegally built a garage uses it continuously for a long period (over 15 years), then his chances of resolving the registration issue increase due to the emergence of the right to acquisitive prescription.