Registration of land under a garage as property, where to start registration, how much it costs and what documents are needed

Advantages of registering a plot under a garage as your own

According to the Land Code of the Russian Federation (Article 16), territories within the borders of Russia that are not owned by citizens, legal entities or municipalities belong to the state. Those. No matter how many years the garage has been in an illegal location, its owner is obliged to remove the garage structure for some state project - road construction, heating main or other purposes.

In case of improper (illegal) use of land, a garage parking space located on a land plot seized by the state will be demolished with payment of minimum compensation to the documented owner (Article 239 of the Civil Code).

If local authorities seize an already privatized “garage” plot for an infrastructure project, they will buy it together with the construction and at an agreed price (Articles 279-282 of the Civil Code). And then the owner will be compensated for the loss of the garage by a decent amount, many times the cost of the box.

In addition, a garage built on a site operated by right of use (Article 271 of the Civil Code) or leased is difficult to implement as part of an ordinary civil transaction, since the owner’s right to the land under the garage is not recorded by Rosreestr (Part 1 of Article 37 of the Land Code) code). Therefore, the cost of selling a garage with a plot legally owned by the seller will be much higher than the price “without land”.

Given the high intensity of urban and suburban development, it will be beneficial for garage owners to obtain ownership rights to the plots for garage boxes. And it is more prudent to consider an increase in the (small) tax on the garage, taking into account the plot under it, as insurance against seizure by the authorities for next to nothing.

Some subtleties of the issue

Many vehicle owners believe that the parking space belongs to them indefinitely. This is a misconception - such a rule is not provided for by law. The plot can be leased for the following period:

For 5 years, if the garage is movable and made of metal.
For 49 years, if the building is permanent - inseparable from the land.

Rent of land for a garage can be arranged in two ways: if a person is just about to start construction or the structure is already ready, and it is necessary to register ownership of the territory under it. The second option is problematic. Construction on someone else's land is squatting. You can make attempts to legalize the garage:

Send an application to the Commission for the Suppression of Self-Building.
File a lawsuit.
Prepare documentation for the construction retroactively.

Important! Registration of a plot for a garage located near residential buildings is hardly possible. The territory is under the jurisdiction of housing departments or house owners.

Features of renting land for a car garage

Owners who are government agencies, municipal bodies, individuals and legal entities act as lessors. Before you take a plot of land for use, you need to request papers from the owner confirming ownership.

Important! If the lessor does not have title documentation, the car owner will have to demolish the building at his own expense when the true owner of the land appears.

According to current legislation, any Russian citizen and legal entity can be a tenant. The spouse's consent is not required to complete the transaction. When choosing a territory, you must comply with the following conditions:

The interests of other persons must not be affected.
Do not damage communication systems.
Do not create a threat to the life and health of others.
Do not make changes or damage to the area where the playground is located.

Land lease is a legal procedure in which the owner transfers land for use to a third party for a certain fee specified in the agreement.

How to register land under a cooperative garage as property

Garage spaces within garage-building cooperatives (non-profits) are a series of garage spaces that share common structural elements with the “boxes” next door. Those. GSK's land plot is indivisible, which does not allow independent acquisition of ownership of the plot under a separate garage box.

It is only possible to register the land as common shared ownership - under all buildings of the GSK and for all members of the cooperative (clause 2 of Article 39.20 of the Land Code) at the same time. This means that all members of the garage cooperative must give consent to share ownership of the entire GSK plot.

The procedure for registering shared ownership of GSK land

First

: all garages (buildings) must be owned. Each participant in a garage cooperative should confirm membership in the GSK with a certificate, issue a technical passport at the BTI, and secure ownership rights in Rosreestr.

We note the possible need to purchase garage buildings from GSK when registering property, if such a condition is reflected in the membership agreement in the cooperative.

Possible problems: the charter documents of the garage cooperative were executed in violation of current legislation, or GSK does not have a legal entity registration. In these cases, registration of ownership of cooperative garages is permitted only through judicial proceedings.

Second

: Drawing up a collective application sent to the land and property department of the administration (Chapter V.1 of the Land Code). It is necessary to gather all the owners of the GSK garages, draw up and sign a protocol of consent for the shared registration of the land plot.

The application for shared ownership of GSK land submitted to the local administration is accompanied by:

documents of the garage cooperative (TIN, charter, confirmation of registration of the legal entity);
documents for the transfer of land;
ownership documents for garage boxes;
BTI certificate for garage space (a technical plan is required to obtain it);
list of cooperative members (owners);
registration certificates of garages, passport of the land territory of the GSK;
receipts for payment of state duty.

Review of the application will take 30 days from the date of its acceptance by the local administration office.

Third

: If the authorities approve the share registration, it is necessary to conclude a purchase and sale agreement with the local administration for the GSK plot, or transfer the land into ownership.

Fourth

: All that remains is to register ownership by contacting Rosreestr with a concluded agreement for the plot of the garage cooperative. Registration takes up to 10 days.

How much does it cost to register land for GSK members?

Since shared ownership of the plot will apply to all members of the garage cooperative, they must bear the registration costs in equal shares.

The costs will be as follows:

registration state fee (shared ownership) – 22,000 rubles. The current amount of the duty is determined by the Tax Code (clause 22.1, article 333.33);
the amount of purchase of a plot, amounting to up to 60% of the cadastral price of the land (Government Decree No. 279 of March 26, 2015)***
.

***

Registration of ownership of the “garage” plot of the GSK is carried out free of charge (i.e. without redemption), if the land was provided to the cooperative participants before October 2001 (before the introduction of the Land Code).

In addition to the above registration costs, there may be additional costs associated with the need to bring cadastral documents to the standards of the Unified State Register of Real Estate.

Will registration costs be worth it? Yes. Shared owners (members of the GSK) will acquire the right to civil transactions on real estate (garage), which do not require approval by the GSK administration - purchase and sale, donation and bequest of the garage along with a share in the land territory of the cooperative.

Documents and applications required for registration

Registration of property rights occurs on the basis of an application and submitted documents. The application is filled out directly at the Rosreestr service or the MFC. To do this, use a form approved by Order of the Ministry of Economic Development of the Russian Federation dated December 8, 2015 No. 920. The rules for filling out the application, as well as the requirements for the composition of documents, are determined by Order of the Ministry of Economic Development dated November 26, 2015 No. 883.

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The following must be attached to the registration application:

applicant's passport;
notarized power of attorney for a representative;
agreement or other transaction document;
technical plan for the garage, as well as a boundary plan for the land;
a judicial act, if it confirms the emergence of rights;
documents received from GSK or the developer of an apartment building;
minutes of the general meeting of the owners of the apartment building, if by their decision the spaces in the constructed parking lot are allocated;
payment document for payment of state duty.

Upon receipt of documents, a receipt is issued indicating the date of issue of the USRN extract.

Registration of land under a detached garage

A separate (individual) garage building is a building that is not connected by a foundation, walls or a common entrance to nearby buildings. Registration of ownership of a plot of municipal land under an individual garage is allowed if the garage box itself is the legal property of the owner - there is a cadastral passport.

In the absence of a registered ownership right to a garage building, it is considered a structure erected without permission (Article 222 of the Civil Code). The right of ownership of a self-built building can only be recognized in court (clause 3 of Article 222 of the Civil Code).

Violators who have used an unauthorized building for over 15 years have a greater right to legalize it in court than the owners of unauthorized “new buildings” (Article 234 of the Civil Code).

If there are ownership rights to a land plot, for example, in a gardening partnership, simplified registration of a garage box erected on the site without permission, as well as other capital buildings, is allowed until March 2021 (Law No. 93-FZ of June 30, 2006) .

First

. It is necessary to declare in writing to the property and land department of the local administration the intention to transfer the land into ownership or for privatization, attaching the following documents:

copy of civil passport. When applying on behalf of the owner, his representative - a copy of the power of attorney;
copies of documents on ownership of the garage box;
copies of documents for the right to use the land plot;
land survey plan. It is mandatory, land surveying (a cadastral engineer is invited) is carried out before contacting the local administration;
EGRN-extract on the current ownership rights to the claimed plot.

The administration's consideration of the submitted application with a set of documents will take up to 30 days.

Second

. If the decision is positive, it is necessary to conclude an agreement with the local administration on the transfer of the site under the garage into the ownership of the owner of the garage, or a purchase and sale agreement.

Third

. Register the right to the plot with Rosreestr.

The costs of legalizing ownership of land under an individual garage box in the manner considered will be: from 10,000 rubles. for the preparation of documents (including land surveying); 350 rub. for the state fee for registering an individual’s ownership of a plot (clause 24 of Article 333.33 of the Tax Code).

Also, if you build a garage without authorization, along with the costs listed above, you will need to pay a fine, determined from the cadastral value of the land under the garage (Article 7.1 of the Administrative Code).

Documents required for this

If your garage was built in accordance with all the norms of the law, and you have in your hands all the required documents for it, including technical and cadastral documents, privatization should not be refused. And in the case of court cases, the advantage is predominantly in the direction of the owner of the building.

The list of documents that must be provided for the privatization of a land plot is as follows:

a copy of the passport of the owner of the garage building;
statement from the owner or collective from members of the cooperative;
extract from the Unified State Register of Registered Rights to the garage;
an extract from the inventory bureau about the size of the building;
available documents giving authority to use the land;
a drawn up, recorded document on holding a meeting of the garage association, signed by all participants of the GSK (if the building is in a cooperative);
Full name of all participants of the cooperative with the personal presence of each of them to certify their consent;
check for payment of state duty.

In addition to all of the above, attorneys, if any, will need powers of attorney certified by a notary. The Chairman of the GSK must present documents of the activities of the legal entity. Rosreestr will have to request cadastral passports for plots or land mass under the cooperative, as well as for garage buildings.

Grounds for refusal to register rights to “garage” land

The full list of grounds allowing municipalities to refuse applicants for privatization or registration of plots is reflected in the Land Code (Article 39.16). Without specifying the grounds, local administrations are not authorized to issue a refusal.

Along with obvious reasons (lack of legal rights of the applicant, presence of a current owner, seizure/restriction of land in circulation, etc.), municipalities have the right to transfer land under a garage to the owner on the following grounds:

failure of GSK to register the status of a non-profit legal entity with compliance of the statutory documents with current requirements;
transformation of a cooperative with previously granted permission to build garages and with the allocation of a plot into a non-profit legal entity without re-registration of documents for the provided city (municipal) land;
the site for which the application was submitted is included in the development plan (city, municipal), or other government needs within the framework of the Civil Code;
absence or shortage of title documents for a garage or land plot, or errors in documentary data and Rosreestr information.

In the case of incorrectly executed statutory documents and documents justifying the transfer of land, the founders of the GSK should immediately put the document base in order, otherwise the garage complex may be recognized as a self-construction subject to demolition.

If the “garage” land was previously included in the development plan of the municipality, then the owner of the garage box can only be granted the right to lease for a certain period.

Errors in title documents, i.e. discrepancy, for example, with the exact full name of the right holder in the document on the allocation of land received years ago, with the information of his current civil passport, is not a significant reason for refusing to register the right in subsequent legal proceedings.

We also note that the applicant has the right to challenge any reasoning for the refusal to transfer ownership rights made by the local administration by going to court.

Reasons for refusal

The garage owner, when dealing with the procedure, must be prepared to refuse the request. The commission accepts the case for consideration. However, there is no guarantee that everything will go smoothly.

Legal grounds for this may include:

lack of documents on land or directly on real estate;
dilapidated condition of the garage;
the owner of the property built it illegally;
The garage is located within the territory of new buildings.

You should be aware that the registration procedure is suspended if a trial is ongoing in a specific area.

In most cases, local government does not intend to give up the site for re-registration. This is explained by the fact that they plan to use it for other purposes.

What tax should I pay for a plot under a garage?

All land plots are subject to property tax, paid annually. The amount of tax payment depends on the form of land ownership - by right of use or ownership. For “garage” land, the owner annually pays a tax calculated based on the cadastral value of the site. The need to pay land tax arises with state registration of the right to use the site and ends from the moment this right is terminated.

When a garage box is located in the GSK complex, which has the status of a legal entity, the tax payer is the cooperative (its founders). Owners of garages within a cooperative do not need to make land tax payments personally.

In some GSKs, the costs of property tax for each place where a car is stored are compensated by contributions from the owners of garage boxes (the total territory of the cooperative is not taken into account). Some garage cooperatives are officially exempt from paying land tax and their shareholders do not incur tax costs.

Having received ownership of the “garage” plot, the owner pays a tax at a 1.5% rate. The calculation of the tax for a plot under a garage is as follows: the cost of 1 m2 according to the cadastre is multiplied by the area of the “garage” plot, then by the tax coefficient of 1.5% (Article 394 of the Tax Code).

Tax accrual for shared owners within the GSK is calculated according to the size of the land share in the total area of the cooperative.
If the garage blocks are of the same type, then the tax amount will be the same. Let us note that pensioners and citizens with many children, under the terms of the Tax Code, are provided with land tax benefits (clause 5 of Article 391). For questions of any complexity related to the legalization of land under a building you own, please contact the specialists of our association.

What is the cost of renting a storage unit?

The rent is calculated using the formula: cadastral value multiplied by a percentage. This value depends on who the tenant is - an individual or a legal entity. The coefficient should not be more than 3% of the cadastral value. Average – 2% (if the site belongs to a government agency).

When renting territory from a private owner, the amount of annual payment is calculated using the formula: the market price for the land plot multiplied by the refinancing rate of the Central Bank of the Russian Federation.

The Central Bank rate is 9.25%. The rent will be different, because... market and cadastral values differ.

What documents need to be prepared

First, you should write an application to the territorially located authorities. When it comes to the algorithm for registering indivisible plots, all owners take part. This is also done by the administration of local authorities and Rosreestr.

The main document is an application, to which are attached:

A copy of the future owner's passport.
A copy of a notarized power of attorney, if necessary, to represent the interests of the owner by another person.
Extract from the state register of information on the object.
Cadastral passport issued by the territorial registration authority. Application to the structure is carried out on the basis of submitted documents.
A document evidencing the right to use for an indefinite period.
Rental agreement.

Within a month, the package of submitted documents is checked by local authorities. The decision on the right to transfer a plot is made for a specific person. The latter can subsequently use the site for its own purposes.

How to obtain an allotment from the local administration

In order to be able to register a garage as a property, the owner is obliged to lease a plot for construction or privatize it.

To rent land to build a garage, apply to the city or village administration. The document contains:

Name of the government body to which the application is addressed.
Information about the applicant: last name, first name, patronymic, passport details, TIN.
Requests regarding the land plot: clear dimensions, location.
The purpose of the building that is planned for construction.
Purpose of use of leased land.

Acquisition of property rights

Land owned by the car owner and those that he uses under a lease agreement are equally suitable for building a garage.

But in the first case there are certain advantages:

the plot can be used in any way at your discretion (but only in conjunction with the real estate located on it);
No one can take away the building located on the site, as well as the land underneath it (except for the state, but even then the owner of the site will be provided with monetary compensation).

However, a garage can be built on a leased (49 or 99 year) plot owned by the state or local municipality.

In this case, it is necessary to take into account that:

upon expiration of the contract, a new lease agreement for the site may not be signed (the site may be sold or rented to other persons, and the buildings on it will be demolished);
The owner of the garage retains the right to sell the property, but the likelihood of concluding such a transaction is extremely low, since the building still remains on the territory of the leased plot, which means that the new owner may also lose it when the lease expires.

There are several ways to obtain the required plot of land:

Purchase;
Privatization (possible until March 31, 2021 if you have the right to lifelong inheritable ownership or perpetual use, free of charge).

The purchase and sale of a plot together with a garage is carried out in accordance with the provisions of Chapter 30 of the Civil Code of the Russian Federation.

Design algorithm

The registration procedure is carried out according to the following algorithm:

Select the desired site, taking into account the fact that it should not belong to a private person or be state property. Otherwise, you need to draw up an agreement to purchase the property. The price is initially determined by the predecessor.
Prepare a package of documents for registration of the plot: a passport from the citizen acquiring the right to property; area plan indicated on the topographic plan; power of attorney if another person is handling the paperwork.
To submit an appeal, you must go to the BTI. Other documents should be attached to the main document.
The verification will take at least one month.
This will be followed by a decision.
If the conclusion is positive, then an act on the object is drawn up. On this occasion, a specialist from the cadastral chamber is invited and measures the site, after which measurements are taken on the ground and a cadastral plan is drawn up.
After receiving the technical passport, you need to go to the Rosreestr to register the site in the state register. A cadastral number is assigned and a passport is issued.

Next, a garage is installed on the purchased property.

Recommendations

According to the Land Code of the Russian Federation, a car owner can own a land plot if he acquires ownership of it from municipal authorities. The price for such a plot cannot be higher than the cadastral value, but pricing in all other respects depends on the conditions of the local administration.

Privatization of a garage can be carried out in two directions: privatization of an individual object and privatization by a cooperative.

Let's talk about some of the most popular options for designing the land located under the garage:

Free to use. Among the experienced motorists are those car owners who were a little luckier during the Soviet Union. This refers to those owners of garages who have been allocated space for eternal use. If these car enthusiasts have a land grant certificate issued before October 30, 2001, they can privatize the land free of charge (see Privatization of land under a garage and all about it). Based on the law on dacha amnesty, privatization is carried out according to a reduced scheme.
However, when registering such a garage, nothing happens without bureaucratic tricks. An owner who wishes to formalize his construction in the prescribed manner will be subject to strong recommendations to become a member of the cooperative. This is where the pitfalls lie! The fact is that cooperatives are not covered by the dacha amnesty.

Attention: When joining a cooperative, the full owner will become, at best, a co-owner of the share. If everything is carried out successfully, then the biggest thing that awaits the former owner is to become a tenant.

If you fall for the tricks, you can prove your case in court.

Yard garage

In almost every residential area there are unauthorized portable garages. Local authorities are currently interested in reducing such structures. And if this garage poses a security threat or infringes on the rights of other persons, there is no need to think about privatization. This is enshrined in the norms of the Civil Code of the Russian Federation.

But if you need to allocate land for the construction of a garage and the land plot for construction is located next to a multi-storey building, this can also be solved.

Organize a meeting of residents, and if more than half of the owners agree to install a garage, you will have a real opportunity to implement this.
Then you need to submit an application for land surveying to the Cadastral Chamber, where you will receive an answer to the question about the possible registration of the land plot of interest.

Attention: When making a decision, the type of garage, proximity of communications, territorial interchange, and so on are taken into account.

Purchase of a garage or parking space from a garage cooperative (GSK)

You can purchase a garage or parking space in the GSK by full payment of share contributions (for members of the cooperative), or by concluding a purchase and sale agreement. The amount of contributions and the redemption price for GSK objects are approved by the general meeting of members of the cooperative. The repurchase agreement will be concluded with the GSK board represented by its chairman, after which you need to contact Rosreestr or the MFC to register the right.

If a garage or parking space is already registered as the property of a private person, he can sell it at his own discretion. To do this, a purchase and sale agreement is concluded and registered according to general rules. It is allowed to transfer the garage to third parties without registering it as property. To do this, an application is submitted to withdraw from the GSK and at the same time accept a new member into the cooperative. In this case, the applications must be approved by the general meeting of shareholders.