“Garage amnesty” 2021 – 2026. Registration of garages and areas under them after the start of the law

Briefly about the main thing

Due to the fact that urban development is becoming more active every year, cases of demolition of not even individual garages, but entire garage complexes, have become more frequent. In this case, the desire of the owners of the boxes in the GSK to register a garage on their site is quite understandable and justified.

Even if the territory occupied by garages is needed by the city authorities for development, the legal owners of garage boxes in this case are paid compensation. Its size is usually quite sufficient for purchasing or building a new garage.

Don’t forget about the documentation for free-standing garage boxes - it’s also a good idea to put them in complete order. During cadastral work, absolutely all objects are marked on the plan, but from a legal point of view they are not property, and, accordingly, have no value.

Samples of property registration certificate.

Also, if any differences are found in the documents and data, registration of ownership of the garage may be refused.

What does a certificate of ownership look like?

Green, “Certificate of State Registration of Rights”, the document indicates “basic documents: agreement on gratuitous transfer of residential premises into ownership, type of right: PROPERTY, cadastral number, by the way, you can get an extract of encumbrances imposed on real estate. + Agreement on free of charge. transfer of housing in own., registered. notarized.

The inspector will print out the application for you; all you have to do is sign it. So what if the certificate is old? Really any, from any year, and I don’t care what it’s called or what color it is. Personally, I don’t have a certificate at all and I’m not worried about it (I have a purchase and sale agreement from 1993, registered in PIB)

Real estate registration rules

To register a garage as personal property, you first need to know in what order to carry out the actions, and where to even begin the procedure. The first thing you need to have on hand is a Certificate of Real Estate.

It can be obtained from the State Register - you must provide a number of necessary documentation, namely:

a document confirming the right to use a specific land plot;
cadastral passport - registration is available only for real estate registered in the State Property Committee;
document on the right of ownership of property: a certificate from the State Property Committee, a certificate of inheritance, a shared construction agreement, a purchase and sale agreement.

In addition, you will need the passport of the person in whose name the garage is registered and a receipt for payment of the state fee in full. When submitting the collected package of documents, you need to write an application.

You can contact Rosreestr in person, through a branch of the MFC, or remotely by submitting an application through State Services on the Internet. On average, real estate registration takes 10 working days.

The main problem of people looking for ways to register a garage is documentation drawn up with errors or its complete absence. The reason is quite banal - in the period 70-80 years of the last century, the construction of civil society buildings became widespread, but no one kept cadastral records for them.

Where to start privatizing a garage

Privatization can begin if the land on which the garage is built is intended for this purpose.
The site can be owned or used under a lease agreement. If the garage was built in the GSK, then the chairman should have the documents. Before starting the procedure, you must clarify the following information:

putting garages into operation;
registration of the cooperative as a legal entity;
legality of the building;
Is the garage registered in the cadastral register?

The garage and construction cooperative must be registered as a valid legal entity. This information can be found on the Federal Tax Service website by ordering an extract from the Unified State Register of Legal Entities.

Setting up a garage on your own land

Application for acquisition of rights to land and buildings.
In fact, a garage is no different from a house, except for one thing - it is a non-residential building. To build a garage on personal property, you do not even need to obtain a building permit, except for the situation when it is being built for commercial purposes.

Where to start decorating a garage?

When registering ownership of a garage located on private property, no problems will arise in the following cases:

The land plot is allocated to populated areas and individual housing construction.
The site is classified as agricultural land, for example, gardening.
There is a concluded lease agreement or a plot of land owned.

What is needed to register a garage as your property:

the owner purchased the plot, but is not sure whether the building is registered in the cadastral register. In this case, you need to send a request to Rosreestr and find out;
if the answer is negative, prepare a technical plan in accordance with the declaration or technical documentation available on hand. You can contact a cadastral engineer or the Technical Inventory Bureau for help.
Then the object is registered in the cadastral register - the process takes approximately ten days. Afterwards you can get a passport - about another five days of waiting.

To further register ownership of the garage box, you must write an application. Since the law on dacha amnesty is very lenient, you should not limit yourself to one garage. You can register all the objects “for the company” - a garage and a house, a plot of land.

In the case where the BTI technical passport was issued before the Cadastre Law came into force (before 2008), then its legal force is similar to the cadastral one. Buildings of this type are registered with the State Tax Committee without delay, automatically.

Owners of private houses very often underestimate the importance of official registration; they are simply too lazy to do the paperwork. Others do not want to pay the tax that is imposed on the property, not knowing that it is not levied on dacha properties at all.

Privatization of a building without documents

Local authorities almost always do not accommodate those who want to privatize plots, because it is much more profitable for them to rent out plots. Therefore, most often the owner receives a refusal from the administration to register a land plot for possession.

However, such a refusal in the vast majority of cases is unlawful, so always demand that you be given a written document clearly indicating the reasons for the negative decision. With it, you will be able to go to court, where you will most likely appeal against the unlawful actions of the local administration, and you will be able to formalize everything correctly.

It is also possible to resolve situations in court when the owner wants to formalize the rights to the so-called “samostroy” - a garage built during the USSR without any permits.

In this case, the judge recognizes the building as self-development and will issue permission for the full registration of rights to the building. It is important that the garage must be permanent, that is, it must have its own foundation or permanent building inside, the same cellar, for example.

How to properly design a garage as part of a cooperative

To design a constructed building, you do not need to obtain any additional permits. But this is really only for individuals.

And due to the fact that the garage cooperative is a legal one, you will have to provide one of two documents to Rosreestr: permission to open a complex of garages, if the papers were drawn up before 2005, or an act of commissioning, if issued after the specified date.

Most often there are two types of situations:

No permission to enter

The problem is quite common, especially common in old GSKs founded around the 80s of the last century. If land plots were distributed to members of the cooperative individually, then it is permissible to carry out all the actions required for registration as an individual.

We go to the cadastral engineer, we draw up all the necessary documents from him, namely the cadastral passport and technical plan. If the building is installed separately, no problems will arise at all.

After registration of ownership, privatization of the plot becomes possible in private mode, but you will have to pay for the land surveying process from your own wallet.

Is it possible to privatize a garage using a simplified system in 2021?

According to various sources, there are from 3 to 5 million unregistered garages in Russia.
Many people do not register ownership of the building due to the complexity of the procedure. A bill on “garage amnesty” is being considered in Russia. Prime Minister M. Mishustin has already supported him, and the head of Rosreestr clarified that technical issues regarding the registration of buildings for garage ownership are beginning to be worked out.

A simplified garage privatization system will operate from 2021 to 2025. It is possible that the deadlines may be extended in the future.

Reference! Garages are found in garage-building cooperatives, individual and self-built. The law mainly concerns the first type of buildings. This is due to the fact that individual garages are simply registered as property now, and self-built buildings will not be registered even after the regulatory legal act comes into force.

The cost of registering a garage box as a property

The total cost of decorating a garage box consists of the following list of expenses:

Payment of the state fee for registering ownership of the building. The cost ranges from 400 to 2000 rubles.
Cadastral passport. The cost of obtaining this document through the Rosreestr website is 200 rubles.
Drawing up a technical plan. This parameter also varies greatly depending on the region in a fairly wide range - from 6 to 25 thousand rubles.

The most expensive item is the services of a cadastral engineer. If you have old technical documentation on hand, you will be able to pay less, but if the work has to be done from scratch, the amount will be quite decent.

To submit documents to Rosreestr, it is not at all necessary to hire intermediaries - you can do it yourself, there are no difficulties.

Cost of the procedure and registration deadlines

Registration costs:

Payment for drawing up a technical plan varies by region of the Russian Federation (from 25,000 in the capital and from 6,000 rubles in other regions).
Obtaining a cadastral passport – 200 rubles.
Payment of state duty - from 350 rubles for a dacha to 2,000 rubles.

How long does registration take:

Cadastral registration – 10 days.
Receiving a technical passport – 5 days.
Registration with Rosreestr – 10 days.

The cost of the privatization procedure itself will be zero if a person acquired the right to use the land plot before October 29, 2001. If the structure appeared later, the cadastral value of the land in a certain area is taken into account.

Possible difficulties associated with privatization

Owners of garage buildings may have difficulties with privatization if the structure was erected without permission. Real estate for parking personal vehicles is often built without documents permitting construction, in violation of certain legal norms and safety regulations.

If documents are missing

When there are no documents for the construction of your own garage and land, it will not be possible to privatize the building. Previously (until 2006), such a procedure was possible; its legality was regulated by the Civil Code (Article 222). Local authorities, according to the person’s application, allocated for his use the plot actually occupied by him.

However, in 2021, challenging the right to such property is possible only in court. Not only the citizen who filed the claim, but also local authorities can be recognized as the owner of the plot.

If there are no rights to land

When a person owns a garage building, but he does not have ownership rights to the land, it is possible to correct the situation. To do this, however, you must have a lease agreement or a decision from local authorities to allocate a plot of land for development. According to Article 39.20 of the Land Code, any Russian has the right to privatize the land on which his garage building stands.

Procedure:

Write an application to the local state administration and attach a cadastral passport of your plot (after registering it with the State Property Committee).
Obtain permission and register the site in Rosreestr.

After 10 days, the citizen receives a certificate of ownership. He is also given an extract from the Unified State Register. If you have all the documents for the garage, it can be easily sold in the future.

If there are no title papers

It is impossible to register a transaction in Rosreestr without documents.

This means that the transfer of ownership will not take place. Therefore, the problem arises of how to register a garage as a property if there are no documents.

The use of a property for several decades cannot serve as a basis for transferring it into ownership.

If the garage is part of the GSK, then the following documents will be required:

a certificate issued by the cooperative office confirming that share contributions have been fully paid;
cadastral passport, which is issued after a cadastral engineer visits the site.

After the state duty has been paid with these documents, the citizen must visit the Rosreestr office and register the garage in his name.

Main requirements

Required documents

To perform any action with the garage, you will need a cadastral passport.

To register it, the owner will need the following documents:

application for registration of a building;
document identifying the citizen as the owner;
technical plan for the object, since this type of real estate must also be built in accordance with all the rules applicable to non-residential premises;
a document confirming the fact of ownership of the land under the garage.

And if the owner is a member of a garage cooperative, then the following documents are added:

a certificate signed by the chairman of the GSK, necessary to confirm the citizen as a member of the cooperative who has fully fulfilled his financial obligations to the cooperative;
cadastral passport of the building;
a document to confirm the right to own the land where the garage is located.

Certificate stating that the garage at GSK is the property of the owner

How to restore documents for a garage after loss - to do this, you need to contact the MFC or the BTI. What is an act of acceptance and transfer of a garage - we will explain further.

General procedure

Garages are the same real estate, therefore, despite all the differences, the paperwork is the same as the decree for registering an apartment or house.

To obtain a document confirming the right to property, you need to contact Rosreestr and provide the following documents:

proof of ownership;
passport;
agreement confirming ownership of land.

Along with the documents, an application is also created, which is submitted to the commission within ten days. If there are no documents for either the property or the land, then you should proceed according to the plan above.

Receipt options

There are several options for obtaining the document. The first is in the territorial body of Rosreestr. An application is written, the documents described above are presented, including information about the garage number in the registry.

The latter is not mandatory, but this way the owner can help employees who will not experience delays due to the time spent searching for a number. A representative of a citizen can also send it to the authority, but to do this, a notarized power of attorney must be issued for this person.

The procedure will take 5-7 days. The exact date of appearance will be given by a specialist on an application, which is provided in two copies: one for the citizen and the other for the employee. If they have such an extract, they do not have the right to delay the issuance of a passport for no reason; otherwise, the owner may not only demand an explanation of the situation, but also go to the relevant authorities to punish the department.

If a citizen is not satisfied with a visit, personal or through a proxy, then an application can be submitted using the Internet. To do this, you need to go to the State Services website and log into your personal account.

Next, select the appropriate service from the menu (registration of a cadastral passport) and enter all the required data. Another option is through a multifunctional center or mail. From there, the document in electronic or printed form is sent to Rosreestr.

The name, plan diagram, geographical location by coordinates, numbers of neighboring objects and much more will be indicated in several sheets issued as an extract from the register. Its validity period is unlimited. If there are changes in the information about the garage, you should obtain a new version of the passport.

Construction on a private housing construction site

When planning the construction of a structure on the territory allocated for individual housing construction, it is recommended to familiarize yourself with the current legal framework regulating this construction. There are a number of standards and sets of rules that prescribe the norms for the construction of objects. The main part of the rules contains information about what distances must be maintained between the garage and other structures.

Metal boxes

Lightweight structures are very popular. We are talking about metal garages. Various designs are known: shell, container, pencil case and others. These structures are temporary, as they can move and, as they say, are not firmly connected to the foundation. That's why they are considered temporary. They do not need to be registered; there is no such requirement in the law. To use such a side, it is enough to have rights to the area under it.

Although sometimes metal structures are tightly connected to the foundation and make the box non-dismountable and not transportable. But this is very rare and only applies to large commercial boxes.

Why is this necessary?

Many citizens do not understand what it is for, a garage cadastral passport. But this is the most important document, without which not a single transaction related to this type of real estate can be carried out.

Purchase and sale, donation, exchange - all this will be inaccessible in the absence of a passport. Therefore, when buying a garage, you need to find out whether the owner has a document, but if not, then it is best to find another option that will not only be fair from the law, but also safe.

When purchasing a garage without a passport, a citizen risks getting into a lot of problems. It all starts with the fact that the purchase and sale process itself is seriously delayed and takes time from both parties. The new owner will not be able to register the garage. But this is at best, since a transaction without a cadastral passport may indicate a desire to obtain money fraudulently on the part of the seller.

In addition to documents for construction, papers for land are also required, confirming the fact of ownership. Many may decide that they can simply demolish the old garage, but they may not give permission for this either, especially since there is a possibility of compensation being charged.

But in addition to performing this function, the cadastral passport contains information about the competent authorities of urban planning, statistics, taxation, and so on.

Sample application for registration of a real estate property with the state cadastral register

Registration of a transaction

The owner of the garage must submit an application for registration of ownership of the building to the registration authority (Rosreestr).

The buyer and seller with passports must appear together at Rosreestr or MFC to submit applications with attached documents. This must be done if the garage sale agreement is drawn up and signed.

How can a disabled person get a place to build a garage? At what distance from the neighboring plot can a garage be built? Find out here.

In cases where this option is not very convenient, you can do otherwise: enter into a notarial transaction and then:

transfer the authority for state registration of property rights to real estate to a notary, then there will be no need to go to the MFC or Rosreestr authorities;
submit the registration papers individually (this can be done by the buyer of the garage or the seller);
send the papers by mail (then the signature on the state registration application must be certified by a notary).

Acquisitive prescription

There is another perfect way to acquire ownership of a garage space - by age of ownership. The point is that a person receives a court decision confirming ownership rights, since he is a direct user. To register with the Russian Register you will need only:

the court's decision;
technical plan;
state duty;
passport/SNILS of the future owner.

True, there are several mandatory conditions: the constructed garage must be in use for at least 15 years, the use must be legal and open, and there are no other applicants for construction. Read more about acquisitive prescription (here.)

Legal subtleties

Incorrect drafting or absence of any paper causes the transaction or postpones its conclusion for an indefinite period of time.

Mistakes when registering ownership of a garage are quite common and are fraught with unpleasant consequences:

in accordance with Art. 222 of the Civil Code of the Russian Federation, the squatter building will be demolished;
fine for placing a garage in the wrong place;
a garage built on someone else's property can be transferred to the owner of the land.

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Also read: Incommensurability between the Amount of Seized Property and the Amount of Recovery