Registration of ownership of land under the garage

Most owners of garage buildings in our country received land for their development long before registration of ownership rights to them became a prerequisite. Buildings were erected on such sites, and no one thought that the owner of the land under the garage was the state.

And in the current realities, lack of documentation can lead to the loss of a garage through the sale of the land under it to third parties. Therefore, this topic is now more relevant than ever. What does the letter of the law say in this matter? According to it, priority for registration of privatization for such a plot remains with the owner of the building. In our case - a garage.

It is necessary to distinguish garage buildings according to their types:

standing separately,
located in a walled neighborhood with similar buildings.

And these differences have a significant impact on the process of registering ownership of it.

Important! The owner of the garage has his full right to privatize and register the plot as his own only in the case of officially registered rights to the building. Data about this should be displayed in Rosreestr.

When registering the privatization of a garage building, all regulatory aspects from the law “On the privatization of state and municipal property” and the Land Code will be involved. According to the first, namely Article 29, a plot leased by GSK can undergo the privatization procedure.

Only after all the buildings on it have registered rights of their owners. But, according to the second, the GCS plots are inseparable and can be divided in a shared ownership plan.

Important! Plots that are in reserve for the needs of the state cannot be privatized, only rented.

“Lazy people” who do not want to deal with putting the documents for the garage in order. They are faced with a sea of problems in the future. And the worst thing that can happen is the recognition of the garage as a structure and its liquidation, or the sale of the land to a third party. And you will no longer have either a garage or peace.

Registration of a garage and privatization of a garage are the same thing?

There is often confusion between these concepts and their identification. But lawyers are clear - this is wrong. So, provided that you have a garage building in a cooperative and have registered membership in it, then this is your garage (see paragraph 4 of Article 218 of the Civil Code of the Russian Federation).

But privatization is possible only with the transfer of such property if it is owned by the state or municipality. We conclude that privatizing your own is illogical.

So why register your rights to a garage? The answer is simple, most members of garage cooperatives in fact only have a book on membership in the cooperative, which at the moment only gives you the right to use, and not complete disposal of the garage.

Without ownership paper from Rosreestr, a garage cannot be sold, exchanged, etc. When there is a change of owner, all rights to the cooperative garage are transferred to the new owner. Many garage cooperatives took land for their purposes with the right to use it indefinitely. And based on this, the actual owner of this site was the state or municipality.

The transfer of the land under the garage to your ownership will occur through its privatization, essentially buying it from the state. The price side of this issue directly depends on the region and location.

Important! The cost of privatization of a plot under a garage cannot be higher than its cadastral value.

Privatization includes detached garage buildings with a separate entrance and foundation. Garages in a common property complex cannot undergo the procedure of privatization of the land under them. Property is registered only through shared ownership with the conclusion of a land lease agreement.

Price

Approximate costs:

When issuing a certificate, a state fee of 200 rubles for individuals and 600 rubles for legal entities is charged.
When going to court, the state fee for legal costs is about 500 rubles. BTI measurements - 1500 rubles. The remaining costs are associated only with the legal representation of the applicant.
Land surveying costs approximately 10 thousand rubles.

On average, without recourse to lawyers, land registration costs approximately 15 thousand rubles.

What is better - to register the land as a property or to lease it?

Let's look at the positive and negative aspects of these two options.

So, let's start with the benefits you get from renting a plot of land:

significant savings in money if you decide to sell your garage;
the new owner will automatically receive the right to lease the plot;
you have the right to fully dispose of the site at the time the lease agreement is valid, and even make it as a contribution to the authorized capital or submit it for sublease without asking the owner.

Disadvantages of a rented plot:

rental period is limited,
change in rent;
dependence on the owner and his decisions.

Advantages of a owned plot:

the invariability of your right in this matter, giving stability;
disposing of it at will, of course. Within the law.

The main and only disadvantage of land ownership is the high cost of its registration , and the constant payment of land taxes. Thus, lawyers recommend carefully observing the legality of transactions on any land registration, so that there are no unpleasant surprises in the future.

How to privatize a garage in a garage cooperative from scratch? Where to begin?

Step by step requests:

we take a certificate of registration of the cooperative community from the chairman of the cooperative,
we take it to the BTI, which will take measurements of the garage and fill out its technical data,
We take the received documents to the registration chamber, where, based on them, you will receive a certificate of ownership of the garage.

This process is expensive and time-consuming , and most garage owners resist this procedure. But even they understand that there is no other way. So, you can rent your plots as a whole cooperative or buy it into shared ownership. As practice has shown, if there are rebels in the cooperative who do not want to resolve this issue, then the cooperative council decides to exclude such individuals from its membership.

List of documents required for land registration

The garage owner must provide:

a copy of your personal identification document,
a copy of the certificate confirming your right to a garage.

Important! The administration has one month to make a decision on selling you plots consisting of shares at the price of their cadastral value.

The purchase and sale document must be registered with Rosreestr within ten days. And then you will have in your hands a certificate of title to the plot under the garage.

Where to submit documents?

An application for privatization of a land plot in a garage cooperative must be submitted to the local administration. And the chairman of the cooperative must provide the following documents :

notarized copies of all constituent documentation,
protocol on his appointment.

After the decision on privatization is made, a purchase and sale agreement for the plot will be drawn up and you need to go with it to register your rights with Rosreestr. You will receive the final document in 10 days.

Rent

There is another way out - long-term rent. If there is no financial opportunity to privatize the site. The legal option for obtaining a rental property is to contact local authorities with the appropriate package of documents. Moreover, it is necessary to confirm that there is no threat to the safety of people who live close to the building. First you need to obtain information about the owner of the land plot under the garage. Such certificates are paid and issued upon request.

Request a land passport from the land registry. Next, you need to fill out an application on the owner’s form. After this, go to Rossreestr to receive an extract based on the results of submitting documents.

Then the contract certification procedure begins, only after which the lease agreement is considered valid.

There may be a situation where several applicants submit documents for a land plot; if the garage is a metal structure that can be transported, then an auction is held to rent the land underneath it. If there is a capital structure on the area, then the auction will not be held.

Why privatize land for a garage cooperative?

Now the majority of cooperatives exist on state land , and only a small part of them has already completed and formalized the privatization of this land.
And this means that the entire cooperative stands on municipal land, being leased, a period that may end, but will the next one begin?

It will be especially needed, for example, in the construction of highways of various types. If this happens on a privatized site, you will receive compensation from the city.

We conclude that no one likes being in limbo, and in order to sleep peacefully and not worry about your garage, privatize it .

Why register land rights?

According to modern rules, all real estate transactions are legal only if they include a certificate for the land occupied by the building.

If a garage is purchased, the plot of land underneath it formally becomes the property of the new buyer.

For this, the owner is charged a land use fee in the amount of the land tax.

But a buyer who has not properly registered the land does not have the right to dispose of it at his own discretion.

This means that he cannot sell it, mortgage it, inherit it, or rent it out.

Also, on unregistered land, it is impossible to use the building at your own discretion - carrying out its reconstruction, adding an upper floor, etc. Any action of this kind must be coordinated with the district or city administration.

When registering land, the owner has this right.

One more important circumstance. If the land under the garage has not been registered, it is considered to belong to the state

. And if the state needs it for development, it can deprive the owner of his land plot on completely legal grounds.

In this case, the developer makes a request to the administration - whether land in a certain area was allocated for construction, as well as to Rosreestr - whether registration of property rights was carried out on it; thereby finding out whether this land has legal owners.

If the indicated institutions do not have any data, the land is considered vacant. This also applies to lands on which garage-building cooperatives (GSBCs) are located.

The developer automatically receives the right to demolish all buildings on the construction site at his own expense.

To do this, he notifies owners through local advertisements or the press about the need to dismantle and remove their property from the occupied land.

After the expiration of the established period, the developer has the right to open and demolish the garages.

This decision can be blocked only by providing the municipality with evidence that the occupied land is owned by the owner. In this case, the developer is obliged to buy the property from the owner at the market price.

With the current rise in land costs and the rapid density of development, there is a significant risk of losing a site if it is not properly developed.

Nuances of registering ownership of land for a garage in GSK

Only the joint efforts of the entire cooperative . So those who have already registered ownership of the garage building will wait for those lagging behind in this matter. And only after that can the cooperative’s land be privatized.

But everything is in the hands of the activist. Insist, let the chairman notify everyone, set a deadline necessary to complete the initial stage, and take serious measures of pressure on those who “don’t want to.”

The application for privatization must be signed by all members of the cooperative , with copies of all personal documents and the charter documents of the cooperative attached to it. Afterwards, the chairman will submit this kit to the city administration.

In a calendar month, a decision on privatization will be ready. And if you created a cooperative before October 30, 2001, it will not cost you a penny.

Registration with Rosreestr - and you are the legal owner of the garage in all respects.

Difficulties:

Some documentation may be missing for a number of reasons, from loss to anything else. And this means a long and troublesome procedure for their restoration.
It will be difficult for you if the garage is located on the territory of new buildings. It may well happen. That it will be recognized as a built-up object itself and will be demolished. This means there will be a lengthy legal battle.
Ownership of the land under the garage is possible only after owning the garage itself.
And if your garage is a box in a cooperative, then there is no way to privatize it, just register it as shared ownership (read about its difficulties above).

Required documents

If you have received approval and paper signed by members of the cooperative, proceed to submit the following documents to the department:

An application on behalf of all members of the garage cooperative for the acquisition of this land plot as shared ownership. At this stage, a long-term lease agreement is concluded with the landlord.
Minutes taken from the decision at a meeting of the cooperative participants.
Photocopies of all technical documents of the garage cooperative.
Cadastral passport.
Technical passports for each of the sections.

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If the garage is a separate building

In this case, there should be no problems with privatization. The main conditions are properly executed documents for the building itself. To do this, you need a complete set of the above documentation, and forward through the authorities. The high cost and length of the procedure is, of course, sad, but after going through this you will not experience moral torment about “you never know what will happen.”

Registration of land under the garage as property price

The privatization procedure will be free for you if the transfer for indefinite use was carried out before October 30, 2001 . If you are unlucky and it happens later, you will have to pay the full cadastral price of the plot to the state.

After signing the relevant agreement, the documents are submitted for registration to Rosreestr. And, hurray, you are given a corresponding certificate. Let's say thank you to the dacha amnesty, because it is with it that it is now much easier to accomplish all this. And cooperative participants will be required to run and work hard. And develop very active activity on this front.

Is it possible to sell a plot of land without land surveying?

Since 2020, land surveying is mandatory. Despite the fact that back in 2006, federal legislation defined some categories of land for which the land surveying procedure was not required, already in 2014 a new federal law No. 447 was adopted. According to it, from 2020 a ban will be introduced on the registration of land with unspecified boundaries .

Today there is a large percentage of areas that have not been surveyed. For example, those who fell under the so-called “dacha amnesty”. The owners of these lands can provide documents from the cadastral register, which indicate that the land has no boundaries. However, these plots are allowed to be sold. But starting this year, any transactions will still require land surveying first.

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Questions and answers

I decided to register the land for the garage as my own. There are documents for the garage, but it turned out that it stands on the ground of a newly constructed building. What should I do? Design according to the standard scheme. You have priority on the ground. And not from the developer. If you can't do this, go to court.
I own a cooperative garage, all the necessary documentation has been completed. We want to privatize the land, but there are two members of the cooperative who do not want to do this. And without them it’s impossible. What to do? Call a meeting of the cooperative, and make a collective decision to expel them if they do not complete the appropriate documentation within the appropriate time frame. Record and document all decisions. Notify them against signature or by registered mail.
We decided to register the garage, but they said that without documents for the building itself we would not register the land. This is true? Yes. You have been informed correctly. First, you receive a certificate of ownership for the garage, and then for the land.
Our garage cooperative received land for indefinite use in April 2001. How much will privatization cost us? You are eligible for free privatization of the garage, because unlimited use was received earlier than October 30, 2001. But if it were later, then you would have paid the full cost according to the cadastre.
Our cooperative submitted an application for privatization to the local administration on 10/01/2015. No decision has been made yet. What should we do? File a collective complaint with a higher authority or write a letter to the presidential administration. At the same time, going to court. But, as practice has shown, everything is successfully resolved by filing a complaint with a higher authority. And careless officials will be punished, and your issue will be resolved.