A place for a garage - get it, for construction, near the house, register, through State Services, 2020

An invariable component of the life of almost any person is a car. The use of a vehicle imposes on the owner certain obligations regarding the maintenance of the vehicle and the safety of the vehicle.

In the event of theft or damage to a car, which can occur at night with unprotected transport, the owner suffers a material loss and suffers emotionally. At such moments, many car owners understand that leaving a car on the street is an unforgivable mistake that is too expensive.

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If a car owner wants to protect his car from intruders, natural disasters and accidental circumstances, then he should think about building a garage. At the beginning of this process, it is necessary to resolve the issue of land on which the building can subsequently be located. Not everyone knows how to obtain ownership of land for a garage.

General points

Required documents

Obtaining a plot of land for the construction of a garage in 2020 involves preparing a package of documents, which consists of:

Proof of ownershipIf we are talking about a garage cooperative, then the owners of all boxes must provide a certificate of ownership of them.
Technical documentsYou can obtain these papers from the BTI, and for this you need to arrange a call to a specialist who will issue a passport for the object after technical measurements.
Documents for the right to use the siteThis is either a lease agreement (including long-term), a document confirming the right to unlimited use of the plot.
Minutes of the meeting held by the cooperativeAt such events, decisions on land registration are most often made.

In addition to the specified papers, the package of documents must contain a check confirming the fact of payment of the state fee for the registration procedure.

Sample minutes of a garage cooperative meeting:

Ownership

A future or already built garage can be located either on your own site or on a leased site.

Having a personal territory provides a number of advantages:

  • obtaining the right to freely dispose not only of the plot, but also of the buildings standing on it, in this case, the garage;
  • a guarantee that no one will take away the building if the need arises for the construction of more global buildings, and if the situation cannot be changed, the owner will be able to claim a substantial monetary compensation.

These advantages are relevant only if the land under the garage belongs to its owner. If a lease is issued, then the situation is quite delicate. The owner of the land may not renew the lease, and then the buildings of the previous tenant may be demolished.

A way out of the above situation may be to purchase the plot on which the garage is built. This can be done under the land privatization program, but if the plot is already private property, then you will have to act according to the laws of the market.


Sample TIN of a citizen of the Russian Federation

Available methods

There are two available ways to become the owner of the land on which the garage is built:

  • purchase of a summer cottage on which a garage building is subsequently located;
  • purchase of land located within the city from the municipality.

The first option has its advantages and disadvantages. Thus, such an outcome may be the only right decision for those who do not have the opportunity to deal with the red tape of preparing a huge package of documents and permits.

At the same time, dacha areas are remote from city neighborhoods, which limits the use of the garage on a daily basis. It is also important that in most cases, along with a garage, you have to purchase an entire dacha with buildings that are not needed.

The second option is more suitable for residents of large cities. To resolve the issue of purchasing land, you should submit an application to the responsible department of the mayor's office or other local government body. After a certain amount of time, auctions are held, the winner of which is the person who offers the highest price.

Documents for the purchase and sale of a garage must be prepared in advance. The contract must be signed. Read on to find out whether you need to register a garage on your own property.

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According to the law, you can lease a plot of land for capital construction of a garage for up to 49 years. The auction is held only if the lease of the land plot is intended for a non-permanent (metal) garage. All other nuances are specified in the lease agreement.

There is a formula by which you can calculate for yourself how reasonable the rent for the use of a land plot should be. And, based on this, choose a landlord. Rent = cadastral value x % (the coefficient depends on the tenant (individual, legal entity) and the purpose of the lease).

Detailed algorithm

To obtain the right to own a land plot, you must contact the mayor's office with a passport, an application and a power of attorney, if necessary.

The algorithm of actions is as follows:

  1. Contacting local government bodies. The documents must be reviewed within one calendar month, after which a decision will be made to satisfy the request to purchase the land plot.
  2. Invitation of specialists from a company involved in land management issues, who will determine the coordinate data of the site, conduct a topographic survey and draw up a cadastral plan.
  3. Drawing up a State Act on property rights. After this, the applicant becomes the full owner of the land plot.
  4. Visit to the center for registration of land plots, cadastre and cartography. There the allotment will be registered in the unified state accounting. The site will be assigned a cadastral number, under which it will continue to exist.
  5. Obtaining a certificate of land ownership.

After ownership of the land plot is legalized, you can think about building a garage or, if available, reconstruction. The garage can also be remodeled.


Cadastral passport for the garage

Do I need permission to build a garage on my site and how to get it?

Registration means obtaining ownership rights in order to dispose of property on your own initiative: sell it, rent it out, exchange it or give it to another citizen. In the case of privatization, an act of redemption of municipal or state property is carried out, in our case, a land plot.

  1. submit an application to the administration about your intention to purchase part of the land; the application is considered within 30 days, after which a decision is made; if the situation is positive, you will be given an act granting the citizen a plot of land: you can build a garage.
  2. As soon as you have received this permission, you need to apply for the services of land surveyors at the cadastral agency so that they will survey the required area, based on the results of which an act for the territory will be drawn up.
  3. Then you need to take these documents to the cadastral chamber so that your future plot for a garage will be assigned a cadastral number. The next step is the actual construction of the garage. When it ends, it will be necessary to register ownership.

Effective methods on how to get land for a garage

Obtaining ownership of a land plot is possible in several ways:

  • Concluding a purchase and sale transaction. You can purchase a plot from the city administration by submitting an application and participating in the auction. If you buy a plot from a private person, you can visit a notary and draw up a purchase and sale agreement.
  • Carrying out privatization. This procedure can only be carried out if the land is in municipal ownership and has been given for indefinite use, and local authorities do not disagree with the application.
  • Receiving an inheritance.
  • Drawing up a gift agreement.

The choice of methods for obtaining ownership of a plot depends more on the circumstances than on the desire of the acquirer.

Rent

Legalization of rights to a land plot is an integral part of the construction of a garage building. This is necessary because otherwise the owner of the land may demolish the structure or ask for it to be moved.

Owners of garages built on municipal territory should consider checking the legality of the use of the site. To prevent the garage from being considered abandoned, it is necessary to draw up a land lease agreement. All buildings illegally located, according to the terms of the state program, must be demolished.

Obtaining a plot of land for rent for the purpose of constructing a garage is possible for a period of up to 49 years. If the future shelter for the car is not metal, then an auction must be held.

All the described nuances also apply to owners of boxes at GSK. By holding a general meeting and unanimously making a decision, members of the cooperative can initiate the execution of a lease agreement or free purchase if the previous lease agreement expired before 10.2001.

Own

Ownership of the area under the garage is possible only after an assessment procedure has been completed. In some cases, the purchase of a plot of land is carried out at the cadastral value, determining the size of which also requires time and some bureaucratic procedures.

According to the law, a garage is a building that has a separate entrance and exit. The room must have a foundation and walls that are common to other buildings. Such a structure is recognized as the property of GSK.

It is not possible to purchase a plot for a garage separately. All members of the cooperative must participate in the redemption, but each owner receives the right to own a so-called share.

A package of documents that should be submitted to the Property Relations Department:

  • statements from each GSK participant;
  • minutes of the cooperative meeting, signed by authorized persons;
  • extract from the Charter of the cooperative;
  • TIN certificate;
  • extract from the register of legal entities;
  • registration certificate of each building as part of the garage cooperative;
  • constituent documents of GSK;
  • cadastral passport of the object;
  • OGRN certificate.

When purchasing a plot of land to build a garage, you should keep in mind the simplified procedure for completing the transaction. It is important that when receiving a plot, the garage itself should be legalized.

Construction

If the garage has been in use for some time, but formal documents are missing and confirmation of ownership of the land and building is not possible, then you should think about carrying out the privatization procedure. In accordance with the Land Code, when a plot is located in a municipal area, the owner of the garage has the first right of purchase, and an auction is not required.

The type of procedure by which the redemption will be carried out depends on the type of garage. The simplest option is to privatize the site on which a separate building is located. To do this, you must provide the administration with a document confirming the fact that you received the allotment before 2001.

If the garage is part of a cooperative, the procedure will look different. The construction of most of these buildings took place back in the 20th century, when there was no talk of ownership. Block construction of boxes in order to save territory and resources had certain benefits, but at present it is much more difficult to privatize them.

If you still want to open such a garage, then you need to find the contact information of all the neighbors in the boxes and write a collective application to the local government authorities. A sample can be found at the circulation department. Based on this application, the plot will be granted ownership, and each owner of the box will receive a land share.


Certificate of registration of a legal entity (OGRN)

How to register land under a garage for rent

The cost of land within the city is steadily increasing. Instead of purchasing a plot of land, you can lease it. The purpose of the land can be different: from installing an iron garage to building your own residential building. Most often, rental relationships are formalized to ensure the safety of the tenant’s transport.

The amount of payment is determined by clause 2, clause 1, article 333.33 of the Tax Code. The amount is deposited at Sberbank of Russia or through other credit organizations in cash or by bank transfer. The receipt, according to the new registration rules based on Federal Law No. 122, may not be provided to the government agency. However, it is recommended to have the document with you for confirmation in case there is no data in the information base.

Making a purchase

Options for registering the purchase of land depend on the intentions of the future owner and the location of the building. So, the simplest outcome is to purchase a plot of land from a private individual. This is done by viewing advertisements in newspapers, social networks and the Internet.

After finding a suitable option, you should clarify whether there are buildings on the site. If the land is far from the city, then demolishing unnecessary buildings will not be difficult, since construction projects are rarely used there, as well as expensive and high-quality materials.

In the process of selecting a plot and planning to purchase it from a private person, you should make sure. That the seller has a document confirming ownership of the plot. You can carry out such a check yourself, using the resources offered by the Rosreestr website.

If the plot in question does not belong to an individual, then it is owned by the municipality. Its purchase is carried out through the services of the department or city hall. The first step on this path is to submit an application form to the department that deals with the distribution of urban areas.

Registration of land under the garage as property - necessary documents

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.

  1. When issuing a certificate, a state fee of 200 rubles for individuals and 600 rubles for legal entities is charged.
  2. 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.
  3. Land surveying costs approximately 10 thousand rubles.

How to buy

To prepare and complete a purchase and sale transaction, you must complete a number of steps:

  1. Find the owner of the desired location (individual or legal entity, country);
  2. Obtain the owner's consent to sell the property;
  3. Discuss all the provisions of the future purchase and sale agreement and create its preliminary version (if the owner of the land is the state, then a privatization agreement will be created instead);
  4. Discuss the nuances of re-purchase and sale and, if there is no need for changes, develop a basic version of the document;
  5. Registration of the contract and ownership of the new lessor (the procedure is considered completed after receiving an extract from the contract). EGRN with notification that the buyer has become the owner of the land).

Thus, it can be assumed that ownership has been legally transferred to the new owner.

For construction work

In order for land to be used for construction work, it must belong to a certain category.

It is better to immediately buy a plot of land for development, otherwise changing its status will require too much effort, time and money.

The return of such lands for development purposes is not difficult if they are privately owned.

We have to do this to buy land from the government:

  • Site assessment (the site appraiser is responsible for this);
  • Coordination of territorial borders;
  • Execution of cadastral documentation (passport and plan).

After receiving an extract and a special order authorizing the transfer of the territory to a specific citizen, it can be turned into private property.

Close to home

In order for a garage near a home to be considered legal, it must be approved by the local community.

It is likely that the land near the apartment building will be owned by the local authorities.

If the adjacent territory is the common property of all apartment owners in the building, then it is they who make the decision on the possibility of installing a garage (for this purpose, a general meeting of apartment owners in the building is held).

In GSK

To own a garage, you can become a garage owner from a co-op.

To do this, it is necessary to obtain the consent of each individual owner of the box.

The basis for such a procedure is the presence of membership in the GSK. A good solution would be to apply together with other members of the cooperative. This saves a lot of time and effort.

In this case, the issue of joint registration of ownership rights to real estate and land is resolved at a general meeting of shareholders.

The decision to transfer ownership of the object can be made within 30 days.

If the answer is negative, the applicant is sent a written notice of refusal indicating the justified reasons for the refusal.

If the building exists

If a garage is built on territory that already belongs to a citizen, but is not properly registered, then you can use the standards of the so-called dacha amnesty and simplify the legalization of construction.

The documents require declaration of real estate and title documents for land.

Communities › Dream Garage › Blog › Search for a plot for a garage.

Tell me, who may have come across this, I want to build a garage myself (hands, equipment, materials available) But I don’t quite understand what the process of choosing a place for a garage in garage cooperatives looks like, or which direction to dig, how to find out in which cooperative there is a place, etc. There is no one to ask for such advice, everyone buys ready-made used garages, and that’s why I’m writing here.

It’s not a fact that you will win in the end, since there are many hunters for such freebies.

Legal regulation

Plots for the construction of garages are provided on a general basis. The procedure is regulated by Chapter V.1 of the Land Code of the Russian Federation. The main provisions of the auction procedure are contained in Articles 447 – 449 of the Civil Code of the Russian Federation. The rules governing the provisions of lease agreements are established in Chapter 34 of the Civil Code of the Russian Federation.

the plot is intended for other purposes, not for the construction of a garage;.

Nuances when constructing a building without municipal permission


A garage erected without the permission of the local administration may be recognized as an unauthorized construction and demolished. To solve the problem, it is necessary to legitimize it. To do this, you can use the following methods:

  • contact your local Department of Architecture;
  • file a claim in court;
  • take advantage of the right to “dacha amnesty” (Federal Law No. 93 of June 30, 2006), which applies to garages.

After receiving the appropriate decision, you can contact the local administration with a request to conclude a lease agreement.

Registration of a site for temporary use will entail certain costs.

Lease with subsequent privatization

An interesting solution is long-term lease of land. You can rent it for a long time, and then start preparing documents for the privatization of this land. The option is promising, but is associated with significant financial investments. You will also need to coordinate the project, and then obtain the appropriate permission to erect the structure.

It should be suitable for constructing a garage; it’s great if it’s located near your home.

Difficulties in registering land for lease

When applying for land lease or when erecting a building/metal structure for the purpose of further self-occupation, you should pay attention to the following points:

  1. The land must have a certain status - be suitable for the construction of structures. These are areas allocated for the construction of buildings within dacha formations on lands of municipal or state significance. But in no case should lands allocated for agricultural purposes be specially protected . It is impossible to conclude a lease agreement on them.
  2. For short-term rentals, it is important to pay attention to such an item as automatic renewal. This means that when the contract expires, the relationship under it is extended for the same period without concluding a new agreement.
  3. When renting land, it is important to make inquiries about whether the land is pledged, for example, under obligations from a bank. If the debtor owner fails to comply with financial requirements, the land may be seized and sold at auction by credit structures or the bailiff service.

Acquisition of property rights

The land of the car owner and the land used by the car owner under a rental agreement are equally suitable for constructing a garage.

But in the first case there are certain advantages:

  • The property may be used as you wish (but only in connection with the property on it);
  • no one can take a building located on a land plot and a plot of land (except for the state, but then the owner of the land plot is paid material compensation).

However, a garage can be built on a leased (49 or 99 years) plot of land that is state or municipal property.

In this case we must take this into account:

  • At the end of the contract, a new lease cannot be signed (the land can be sold or transferred to third parties, and the buildings on it can be demolished);
  • The garage owner reserves the right to sell the property, but the likelihood of such a transaction is very low since the building is still on leased land, so the new owner may lose it even after the lease expires.

There are several ways to acquire the necessary land ownership:

  1. Buy;
  2. Privatization (possible until March 31, 2020, subject to the right to lifelong free inheritance or unlimited use).

The purchase and sale of land together with a garage is carried out in accordance with the provisions of < =»https://24.ru///2017/10/Kapelle-30-«. Civil Code.">Chapter 30 of the Civil Code of the Russian Federation.

Garage space for a disabled person

No. 181-FZ “On social protection of disabled people”. Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unhindered access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for unhindered

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Telephone consultation Free call Along with the topic "" also searched for: 1,149 lawyers now on the site 2,645 consultations in 24 hours If you find it difficult to formulate a question, call a free multi-channel phone, a lawyer will help you Lidiya Russia, Ulyanovsk · 07/16/2019 Read (1 answer) Tags: 1 Fedot Andreevich Russia, St. Petersburg · 11/18/2017 A garage is for sale in the local area, the land is leased, it is sold at a discount for the disabled, we have a disabled person in our family, for whom everything can be re-registered, what documents are needed for this?

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