Nuances of privatization of land under a garage: what is it and how is the procedure carried out?

G. Alekseev Author of the article

During the Soviet era, there were no parking spaces provided in the courtyards of apartment buildings, and underground parking lots and basement garages were not built. Proud owners of a personal car who did not have a private home purchased a “stable for the iron horse” from a garage cooperative (GSK).

These cooperatives have survived to this day. Someone has owned a garage in GSK for thirty years, someone inherited the garage, and someone bought it already in the era of a market economy. It seems that such a garage is completely owned by its owner. But there is one serious “but”: since the land under the garage is municipal, you may be asked to leave at any time along with your car and all your car belongings.

What is the point of privatizing the land under the garage

In this article we talk about typical options for resolving legal issues, but each case is unique. Take advantage of a free consultation specifically for your specific case, call right now by phone: (it’s free) +7 Moscow +7 St. Petersburg +7 ext. 636 - 24-hour toll-free line throughout Russia

Theoretically, cooperatives received their lands from local governments for indefinite use. In fact, everything that is municipal property provided for lease can be taken away at any time for some compelling reason - for example, if the municipality decides to start developing the place where the GSK is located, or starts laying a road.

In conditions of active infill development and the advance of residential areas and shopping centers to the outskirts, this scenario should not be ignored. Therefore, you need to figure out how to privatize the land under the garage, and not be too lazy to carry out privatization. In this case, when developing the territory, the owners of garages located on privatized plots will be able to receive compensation - more significant than when liquidating a building located on municipal land.

In addition, privatization increases the value of your asset. When selling a garage located on a privatized plot, you can get a much more impressive amount.

In addition, there are many garages throughout the country that generally exist on “bird rights.” But the land under them can be privatized, and the buildings themselves can be legalized on the basis of the Dacha Amnesty Law.

Cost, expenses

Privatization is a free procedure, so there is no need to pay for the land itself. However, you will still have to incur certain expenses:

• State duty for registration of property rights: 2000 rubles per person.
• Notary services for drawing up a power of attorney: 1000-2000 rubles.
• Certification of refusal of privatization: 200-1000 rubles.
• Preparation of documents for a garage/land surveying: from 5,000 rubles or more.

Example: The user of the land built a garage on it, but did not formalize this fact by law. Before privatization, he must prepare documents for construction, which will cost him approximately 5,000 rubles. Also, it is expected to issue a power of attorney, costing 1,000 rubles, and a basic payment for registration of ownership rights of 2,000 rubles. In total, the entire privatization will cost 5000+1000+2000=8000 rubles.

Privatization of land under a garage is a rather complicated procedure due to the need to collect a fairly extensive list of documents, and also, in the case of GSK, to interact with other members of the cooperative. During a free consultation, our lawyers will answer the most popular questions. They are ready to represent the interests of clients in the privatization process, actually performing all actions as representatives. This will significantly reduce the time and eliminate the need to deal with the problem yourself.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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On what legal basis is the plot under the garage being privatized?

If you have a garage, you can take advantage of the priority right to secure the plot under it through privatization. This right is enshrined in the current Land Code of the Russian Federation, clause 1.2 of Art. 36.

Please note that in order to exercise the right to individual privatization, the garage must be a separate building, that is, have a separate entrance and foundation. This condition is of fundamental importance, since garages that are part of a box with a common foundation and have partitions with neighboring garages are not considered as separate buildings. The site on which the box is built is not subject to division or privatization. However, it is possible to obtain a share in the common ownership of the plot on which the property complex is located.

What does privatization of a garage and the land under it give?

The value of real estate and land is steadily increasing. Especially in urban areas, regional centers and large towns. Acquiring legal rights to a garage along with a plot of land opens up new opportunities for the owner.

1. The owner will be able to express his will and dispose of the property at his own discretion (sell, exchange, bequeath, donate).
2. Risks are significantly reduced. The municipal authorities will not be able to demolish the garage or make a purchase at the inventory price.
3. The need to vacate the site will help you receive large compensation (at market value or higher).
4. The building will be legalized . Moreover, you will not need to spend time obtaining a construction permit (notification).

Attention! According to experts, there are 4-5 million unregistered garages in the country. Privatization involves individual registration, allocation of a share in the cooperative after the purchase of land. The amendments that have been implemented should legalize the provisions of the garage amnesty as early as 2021.

Privatization of a plot under a garage in accordance with the Law on Dacha Amnesty

Many garages are separate buildings, and they are subject to the so-called Dacha Amnesty Law (Federal Law No. 93 of June 30, 2006, which simplifies the procedure for registering rights to a number of real estate objects). The plots on which such garages are built can be privatized upon provision of proof of undefined land rights. Privatization is taking place according to a simplified scheme, buildings are being legalized.

Many citizens who have delayed privatization are concerned about the question: how to privatize the land under the garage into ownership if the dacha amnesty period ended on March 1, 2015? Don't worry: the president extended the privatization deadline for a year. Until March 1, 2015, you can take advantage of the opportunities provided by the Law on this amnesty.

But there is no need to delay: consideration of an application for free privatization takes about two months. So if you want to secure your rights to the garage and the area underneath it, you should hurry.

The situation becomes more complicated if you do not have title documents confirming ownership of the garage. This usually happens during unauthorized construction. In this case, privatization will be much more difficult and will require going to court. If the construction is capital, a positive decision may be made. But that’s not all: after the court decision is made, you will need to obtain permission from local authorities.

Required documents

To carry out privatization, you need to prepare the following list of documents:

• Collective statement of the GSK participants (relevant if the garage is located in a cooperative).
• Consent of all land users.
• Refusal to participate in privatization (if required). This document is notarized and effectively deprives the user of the land of his share.
• Applicant's passport.
• A certificate from the GSK accounting department stating that all contributions have been paid in full.
• Agreement with the cooperative.
• A contract under which an individual or cooperative uses land (such as a lease).
• Documents for the garage confirming the fact that the building was erected according to the law and is not a self-development.
• Receipt of payment of state duty (this document is required only when applying to Rosreestr).

In some situations, additional documents may be required. It is recommended that you check the specific list with the administration before submitting your application.

Cost of the procedure and timing

The monetary equivalent of how much it costs to privatize a garage in a garage cooperative depends on the time of transfer of ownership . The surcharge applies to properties purchased after 2001 . Preparation costs will vary:

1. Preparation and surveying will cost about 5000-8000 rubles .
2. will have to pay 18,000-20,000 rubles for inviting a cadastral engineer with a notary .
3. The amount of duty for one owner is 2000 rubles . The chairman must contribute 22 thousand (Article 339 of the Tax Code).
4. If an unauthorized construction is detected, the fine will reach 8,000 rubles .

Regions are trying to establish a low cadastral value of the site. Costs will increase significantly when going to court if you have to prove ownership of a garage or land.

Usually the registration process takes 2 months . The time is extended if it is necessary to assert rights in court.