Guide to action: how to privatize a garage and the land underneath it

Privatization is the process of alienation of state or municipal property for the purpose of transferring it into private ownership . The right to privatize real estate is given to citizens who operate it under a lease or lease agreement. A garage, like any other property, can be converted into private property. Privatization of this type of real estate has certain features. Thus, the garage meets the requirements of Federal Law No. 93 “On Dacha Amnesty.” It applies to dachas, garages and other non-residential premises up to three floors high, as well as land plots adjacent to them. According to the law, those real estate properties that were received for use before October 30, 2001 are subject to free privatization. Initially, the bill was set to expire in 2015, but then it was extended several times. And now Federal Law-93 is valid until the beginning of 2020. It is before this period that you need to privatize the garage in order to avoid redemption from the state or municipal authorities.

Features of garage privatization

The main goal of privatization is to obtain full ownership of real estate . That is, citizens are trying to gain the opportunity to dispose of property as an owner. After all, state or municipal real estate cannot be sold, inherited, donated, or other legally significant procedures can be performed with it. In addition, at any time, a municipal or state facility can be taken away for the construction of highways or new development. An owner who has privatized his garage is free from this risk.

According to current legislation, garages that are part of a garage-building cooperative (GSK) are subject to privatization. The rest of the structure is put into operation by municipal authorities, so initially, if you build it yourself, you must have a special permit. If it is missing, privatizing the garage in the future will be extremely problematic.

General information or what you need to know about privatization

There are more cars every year, but there are no parking spaces. Therefore, the issue of privatization, and therefore the transfer of ownership of a garage building, is becoming increasingly relevant. Having absolute rights to dispose of a garage in GSK, you can be sure that it will not be demolished or taken away, and you can also take advantage of the privilege of selling, donating and leasing.

Important! Having a place for a car in a metropolis, you can make good money.

Privatization is a guarantee of the inviolability of personal property. That is, you become the full and sole owner of the garage. Its goal is to obtain ownership of real estate, which is located in a garage-building cooperative. This procedure is not easy and many are deterred even by the set of papers required for collection. However, to actually carry it out, the main thing is to have confidence in your own abilities and a ready-made algorithm of actions, which we will provide.

Not all previously issued documents for garage buildings located on the territory of the cooperative are relevant for modern legislation during privatization. Since their construction was carried out en masse and often spontaneously, and as a result, there are no construction permits. The list of members of the cooperative does not constitute any evidence of its involvement in GSK.

Is it possible to privatize a garage in GSK?

The simplest way is collective privatization. That is, when all members of the cooperative go through it at the same time. If other participants have already gone through this procedure or you decide to do it first, you can privatize the garage yourself. It's a little more complicated, but generally quite possible.

Most often, garages owned by GSK are interconnected and have a common foundation. Essentially, this is one building divided into boxes. Therefore, it is much easier to privatize a common building than a separate room in it. As for the privatization of the land under the garage, in this case it will have to be carried out simultaneously with all participants in the process. It will not be possible to select a separate area under a common foundation.

However, the GSK may also include detached garages that have their own access road, walls and foundations isolated from other buildings.

If the garage does not belong to the cooperative at all, that is, it was built independently, there are no documents for it. Privatization in this case becomes more complicated. However, if a citizen has been using it for more than 15 years, and has also invested money in its construction and repair, he will be able to prove his right to privatization in court. But at the same time, he will have to present the relevant receipts and receipts as proof of expenses. Otherwise, the legal proceedings may not end well for the applicant. Thus, he faces administrative liability for the illegal operation of a property over a long period of time.

The procedure for registering ownership of a garage if there are no documents for it

The question of how to register a garage as a property if there are no documents for it is quite difficult. It should be understood that until the premises are officially registered, it cannot be considered that it really belongs to a specific person. Moreover, there is a risk of losing it if you do not register it. Therefore, it is important to carry out the state procedure as quickly as possible. But what to do if there are no documents? Now let’s figure out what options a person has.

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.

List of documents

To privatize a garage, you will have to collect a certain package of documents. If one of the members of the cooperative has already been involved in privatization, you will need to prepare the following:

• statement;
• extract from the Unified State Register;
• passport (in addition to the original, you will have to present a copy);
• a certificate from the chairman of the State Joint Stock Company confirming that the applicant has fully repaid the share;
• act of acceptance and delivery of the object to the owner from GSK;
• certificate of membership in the cooperative.

You can download the garage privatization application here.

For those who are involved in privatization first, the list is supplemented with the following documents:

• a certificate with data on the state registration of the cooperative (obtained from the chairman of the State Joint Stock Company);
• cooperative charter;
• certificate of registration of GSK with the Federal Tax Service;
• list of cooperative members;
• minutes of the meeting of GSK members;
• technical plan (received from BTI);
• cadastral passport (issued by the Cadastral Chamber);
• a document confirming the transfer of land for the construction of garages.

You will also have to present a package of documents for registration with Rosreestr:

• application for registration ;
• passport;
• deed of transfer of property;
• receipt of payment of state duty.

In addition to Rosreestr, you can submit documents for registering property rights through the MFC.

If his representative acts on behalf of the applicant, a notarized power of attorney must be attached to the main list of documents.

What to do with the land

Registration of the land under the garage as property is a procedure that also takes place in Rosreestr. Since it is impossible, in most cases, to allocate shares from a common plot for a civil society building and assign them separate cadastral numbers, the plot becomes the common shared property of all participants.

Since only those GSKs that were created before 2001 can proceed directly to the registration procedure, the rest have to start with registering land with the municipality.

To do this, the following documents are submitted to the administration:

1. Documents for each participant (copies of passports).
2. Extracts from the Unified State Register for each box.
3. A land lease agreement or a resolution on the transfer of land for free use.
4. Cadastral passport of the plot.

Within 2 weeks, the administration examines the application and documents accompanying it, after which it makes a decision: accept or reject the application. If the decision is positive, a purchase and sale agreement for a plot of land into common shared ownership is drawn up. It is registered in Rosreestr.

To do this, submit the following documents:

1. Statement.
2. A copy of the purchase and sale agreement.
3. Passport of the applicant.
4. Power of attorney on behalf of the GSK participants addressed to the representative.

The state registration fee is 350 rubles for each participant in shared ownership. The result will be ready in 5 days.

The next step is to register ownership of the land plot under the garage, if possible. For this purpose, a share of the land under it is allocated and registered in the cadastral register.

Next, you need to contact Rosresetr with documents and register the changes.

This package includes:

1. Statement.
2. The applicant’s passport and power of attorney issued on behalf of the GSK participants.
3. Receipt for payment of state duty (350 rubles + 2000 rubles).
4. The document on the basis of which GSK received a site for development.
5. Cadastral passport of the newly created site.
6. Technical plan of the garage.

Registration period is 7 days. At this point, the procedure for registering a garage as a property is completely completed. The owner can dispose of it at his own discretion.

How to privatize a garage without documents?

The reason for the absence of a document may be their loss in the cooperative, as well as various violations of requirements, sanitary standards, etc. To privatize a garage in the absence of any document, you can file a lawsuit. Of course, it is difficult to predict the result. The decision made by the court may not be in favor of the applicant.

In addition, the reason for litigation may be the refusal of municipal authorities to privatize. The fact is that in most cases it is more profitable for them to rent out a garage.

To file a claim, you will have to collect the necessary package of documents, as well as attach to them the refusal received in writing. It must indicate the reason why the administration denies the applicant privatization.

How to privatize a garage: step-by-step instructions

privatization process consists of the following sequential stages:

1. Collecting documents and filling out an application with subsequent submission to the GSK. At this stage you will have to order a technical plan and cadastral passport. The specialist must go to the specified address and take all the necessary measurements. This passport must indicate the cadastral value.
2. Conclusion of an agreement between the applicant and GSK.
3. Application to Rosreestr or MFC and presentation of the required package of documents.

It is recommended to privatize the land plot on which it is located at the same time as the garage. This will eliminate the need to carry out this procedure in the future.

How to privatize a self-built garage

First of all, you need to become a shareholder and also make a contribution of a certain amount (share). After this, you will need to collect the necessary package of documents that confirms that the building belongs to real estate.

Please note that a metal garage does not qualify as real estate. These are buildings with a foundation. Various capital structures can be placed inside. For example, a cellar.

The further algorithm of actions does not differ from the standard ones described above.

Taking into account the fact that the garage was built without obtaining official permission, ownership rights can only be obtained by going to court (Article 222 of the Civil Code of the Russian Federation).

The nuances of registering a garage as a property if there are no documents

In this case, you need to take into account what difficulties may arise in this case. The main role is played by the circumstances according to which the owner decides to register ownership. In particular, while you are preparing cadastral papers, you may find out that the building is part of other objects. In the case where the garage has common walls with another building, it will be considered as a room. Then you will first need to register the entire building, and then each room separately.

You will need to provide the statutory documentation of the GSK, a certificate confirming that the cooperative has completed the necessary registration procedure as an organization, and also that it is registered with the tax authority. It will be necessary to attach an order according to which the chief accountant has been hired for the position, and a full list of participants in the General Accounting Committee. In addition, you need papers on the basis of which the cooperative owns the land allotment.

approximate cost

It is difficult to name the exact amount of privatization, since it depends on many factors. In particular, it matters whether the privatization process is carried out on a paid or free basis. It is worth noting that this is the main factor that has a significant impact on the total cost.

Despite the fact that citizens whose property falls under the dacha amnesty law can engage in privatization free of charge, in the process of collecting documents they will have to pay for the services of specialists.

The final cost of garage privatization consists of the following components:

• state duty - 2 thousand rubles (an additional 350 rubles will have to be paid for registering a land plot if its privatization is carried out at the same time);
• drawing up a technical plan in BTI - 1,000 rubles;
• notary services (for certification of a contract) - 500 rubles;
• issuance of a cadastral passport - about 700 rubles.

Thus, you will have to pay at least 5,000 rubles for privatization of the garage. And this does not take into account additional expenses that may be needed, for example, to pay for the services of a realtor, drawing up a power of attorney and other tasks.

Note! All amounts indicated on the site are approximate.

The procedure for registering ownership of a garage in a garage cooperative, list of documents

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.

• the statutory document of the GSK, certificate of registration, orders for the appointment of the chairman and chief accountant of the cooperative, list of participants;
• technical acts from BTI and on the ground;
• certificate of participation in the cooperative and payment of the share;
• general passport;
• check for payment of state duty;
• cadastral passport.

Timing of privatization

In general, privatizing a garage will not take much time. However, you will have to wait, at least a little, but still a little. Approximate timeframe - 2 months, including the period spent collecting documents:

• preparation of a cadastral passport - 5 days;
• preparation of a technical plan - 2 weeks;
• consideration of an application for privatization of GSK - 1 month;
• registration in Rosreestr - 10 days.

If some documents are missing, you will have to spend additional time collecting them. In this regard, the privatization procedure will be delayed.

Where to start

Before starting the procedure for registering property rights, the owner needs to understand how to privatize a garage without documents and the land underneath it in stages.

You will need to contact the chairman and obtain a certificate stating that the person owns property on the territory of this GSK. It is issued only upon payment of all share contributions made by members of the cooperative. If the citizen has not done this before, he will have to urgently pay the entire amount.

You will also need:

1. Make a copy of the lease agreement concluded between the municipality and GSK; if desired, it can be certified by a notary.
2. Visit BTI. A specialist must go to the location of the garage, take measurements, and, based on various data, issue a technical passport.
3. You still need to issue a cadastral passport for the building, that is, register it with the state cadastral register. This document displays the cadastral value of the property; it is the basis for calculating property tax. Subsequently, the owner will pay for it constantly. Such a passport can be issued provided that the cooperative itself is already registered, otherwise the procedure for registering rights to a garage will take a lot of time. A passport is also issued provided that the garage cooperative was established after 2008; cadastral plans were drawn up for earlier buildings.

Provided that the GSK (legal entity) owns the land, it gives permission to allocate a plot for each member who decides to undergo the privatization procedure. To do this, it is necessary that the cooperative be formed before October 29, 2001.

In another case, it will be impossible to undergo privatization, but the legislator allows the property to be purchased, since it was from this moment that the Land Code came into force. The cost of the purchase transaction will be approximately equal to the cadastral price for the plot.

Sample certificate of full payment of a share in GSK

Reasons for refusal to privatize

If the authorized body refuses privatization, it must issue a written document to the applicant indicating the reason. They may be as follows:

• errors in documents;
• false information in documents;
• absence of one or more documents from the mandatory list;
• unlawful claims for privatization (the applicant failed to prove his rights to the garage).

Note! Without prior privatization of the garage, it is impossible to privatize the land plot on which it is located.

Useful tips

To ensure that the privatization process is not delayed and is successful, you should adhere to certain recommendations:

• pay shares on time and in full;
• in order to obtain consent from the members of the State Joint Committee, it is not necessary to agree on this issue separately with each participant; for this, the chairman only needs to convene a meeting and discuss privatization in front of everyone;
• privatization is possible if the cooperative has all the official papers, but otherwise the applicant is responsible for requesting them in the archives, and paying for it from his own wallet (you should be prepared for this and discuss further actions with the chairman in advance);
• if there is no desire or opportunity to engage in privatization on your own, you can draw up an agreement with a real estate office and assign these responsibilities to specialists (but this is fraught with additional costs);
• A notary can check the package of documents before submitting it to Rosreest.

Privatizing a garage, like any other real estate, has its advantages. The main ones are the possibility of conducting transactions of legal significance, which cannot be done when the object is owned by the state or municipal authorities.

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General information

The demand for car storage space is growing daily. If the owner has one or more garages, he can rent it out or sell it for a good profit.

Privatization involves the transfer of ownership of a garage to a private individual in full.

This procedure is not mandatory, but without it, not a single legally significant action with the object can be performed.

A simple privatization procedure can be carried out in relation to property located in a garage cooperative.

If the garage is separate, it must first be put into operation by obtaining official permission from the municipal administration.

To do this, you need to collect the relevant documents and submit them to the authorities. If a positive decision is made regarding the property, the owner is issued a certificate of ownership of the property.

Many garage users do not want to privatize the facility due to the large list of required documents.

The procedure for transferring ownership to private property is quite complicated.

The chairman of a particular cooperative has a list of garage users, but it is not considered an official document. In addition, other problems may arise with the object.

For example, a building may be declared illegal and forced to be demolished.

If major repairs are made to the garage and some equipment is installed, the authorities may require the demolition of the facility with payment of compensation.

But its size will be small, since the property does not belong to the user.

If any changes are made in the garage, they must first be legalized, and only then privatization should be carried out.

Before an object is privatized, the state can seize it at any time to solve its own problems, and the owner can simply be kicked out. For example, it is necessary to lay a new road or railway tracks, or build housing.

If a privatized object is subject to seizure, the owner is required to pay appropriate compensation.

If the owner has completed the privatization procedure, he can perform any legally significant actions with it: donate, sell, lease.

All transactions will be legal.