Ownership of land under a garage in Moscow

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.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

8 (800) 700 95 53

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

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:

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.

Legal grounds for privatization

Only the owner of the garage, whose right is registered in Rosreestr, has the right to register the land under the garage. Privatization of land under the garage occurs according to the rules established by the Law “On the Privatization of State and Municipal Property” and the Land Code.

According to Article 29 of the Law “On Privatization”, a plot that is leased by GSK can be privatized only when the rights of the owners are registered for all buildings located on this land without exception.

How to register ownership of the land under a garage in a garage cooperative if the land is reserved for municipal or state needs? Please note that a plot that is reserved for government needs cannot be privatized; it can only be rented for the duration of the reservation!

Article 39.20 of the Land Code states that in the event of indivisibility of a land plot, which directly concerns the GSK, garage owners can purchase a land plot as shared ownership.

That is, the property will not own the land under the garage in a garage cooperative, but a share that is equal to the area of ​​the garage.

Do not forget that all movements to privatize land will be justified after receiving a certificate of ownership of your garage.

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

How to rent land for a garage

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:

1. There are no free lands. The wait could be several years.
2. The plot was leased earlier. A citizen has the right to a one-time provision of land for use.
3. The garage structure was built without permission.
4. It is impossible to arrange a lease if the land provided is given as collateral for loan obligations.

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)

Land for building a garage: how to register

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.

• 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.

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.

Nuances

If the land was not given to the State Construction Committee, but to you personally for perpetual use until October 30, 2001, you can independently register the plot under the garage for yourself in a simplified manner, that is, under the “dacha amnesty”. In this case, you do not have to join the cooperative, even if there are unobtrusive proposals from the chairman.

After all, organizations are not covered by the “dacha amnesty”, and members of the cooperative will, at best, become sharecroppers of the land, and at worst, only tenants.

Privatization of land under a garage in a garage cooperative is possible, but what about the owners of garages located in courtyards? Municipalities are trying to get rid of such illegal buildings and prohibit the privatization of local areas, but there is a way out.

To do this, you need to organize a general meeting of the owners of the house and decide on the issue of allocating you a plot for a garage. If the decision is positive, go to the Cadastral Chamber to survey the site. The decision to allocate a site depends on objective reasons - the location of communications, the type of building (major garage or “light” garage).

You will have to buy the land from the administration if it is leased, or from the HOA if it is their property.

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

We recommend reading: How to find the cadastral number of a house by address on the Rosreestr website

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?

Purpose of land: garages

Advice from lawyers:

1. How to change the purpose of land for a garage.

1.1. This usually involves holding public hearings. The procedure is regulated by municipal acts.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. I want to purchase a plot of land to build a garage. I'm considering two options. Both are owned, individual housing construction is for garage purposes and both border on power lines. The first section from the tower (I can’t say for sure, more like 220 kV) is about 30 meters away, but the wires run 5-7 meters from the section. The second one is 5 meters from the site to the 110 kV power line. Will they be allowed to build a garage? Is there a document on the power transmission line protection zone? Who should provide it?

2.1. Focus on security. The power line zone, it is indicated there what can be done, but here, very literate, in pursuit of 100 rubles, they say that it is possible to move the power line, the oil pipeline and other main lines at the expense of the state.

Did the answer help you?YesNo

3. We have a garage, we want to build a small house in place of the garage, how can we change the purpose of the land so that the garage can then be converted into a living space?!

3.1. Contact your local authority.

Did the answer help you?YesNo

4. 1 question. The land is for garage purposes, can I build a garage along the boundary or are there any standards for indentation from the boundary? Question 2. Garage 7 x 7 + floor + attic, is this legal? Question 3. As I understand it, I won’t be able to register there; will it be possible to transfer the garage plot to individual housing construction?

4.1. The land for the garage is given exactly for the agreed size of the garage. An attic is legal if there is no height limit in the garage construction permit, but you will never register a residential space there. And don’t even dream of changing the purpose of the land.

Did the answer help you?YesNo

5. Purpose of the land: non-residential car service building. Purpose of the property: for the operation of a garage. Is it possible to open a car wash in this premises? Or do you need to change the purpose?

5.1. The purpose of the site needs to be changed.

Did the answer help you?YesNo

6. My parents have a land ownership document which states that the land has been transferred for the construction and maintenance of an individual garage. There is also a cadastral passport for land and a cadastral passport for visits. In which it is indicated that the visit is not residential! And permitted use: garage object. Question: is it possible to build a house on this garage, up to 3 floors. And what should you start doing first? How do I understand trying to convert the visit to residential? Thank you in advance.

6.1. Good afternoon First, you need to find out the type of permitted use of the land plot, if individual housing construction is allowed, then you need to obtain a construction permit, then build quietly, if there is no permitted use of construction for individual housing construction, then you need to change it, through the administration and then the same thing. Otherwise, you risk running into problems.

Did the answer help you?YesNo

6.2. First you need to change the purpose of the land plot and garage. To do this, you need to contact your local administration. If territorial zoning allows you to change the intended purpose of a land plot, then a lengthy procedure follows for changes in documents, approval, etc.

Did the answer help you?YesNo

7. My parents have a land ownership document which states that the land has been transferred for the construction and maintenance of an individual garage. There is also a cadastral passport for land and a cadastral passport for visits. In which it is indicated that the visit is not residential! And permitted use: garage object. Question: is it possible to build a house on this garage, up to 3 floors. And what should you start doing first? How do I understand trying to convert the visit to residential? Thank you in advance.

7.1. Now it will not be possible to transfer residential property. You need to start from the ground (purpose). Must be under individual housing construction. If you translate, then the premises will work out.

Did the answer help you?YesNo

7.2. Good afternoon In order to help you, please send the cadastral number of the land plot.

Did the answer help you?YesNo

8. I rented 5 acres from the city. land for a garden for 49 years. The land is adjacent to my plot, which I own. We want to build a garage there. But since the land for a garden, construction is prohibited. Can we register this plot as a property or at least change the purpose so that we can build a garage. The plot is fenced together with ours under a common fence.

8.1. Good afternoon, Natalya Sergeevna. Construction of a garage or change in the purpose of a land plot is carried out only by decision of the Administration.

Did the answer help you?YesNo

9. I have a private plot of land in the category of residential area. A neighbor on the property is using his property for other purposes. It is used as a garage for large machines that are engaged in drilling wells and so on. Constant noise, smell of diesel fuel. Where to contact? And does the neighbor have the right to transfer this land of his to another category? And my neighbors and I are suffocating and tired of this daily GUM.

9.1. Good afternoon. You need to write a complaint to Rosreestr, to the administration. Theoretically, it can be transferred to another category, but it depends on many factors.

Did the answer help you?YesNo

10. Owned land, utility purpose (3.1) - boiler rooms; parking; garages and workshops for servicing cleaning and emergency equipment. A garage was built on this site, on a foundation and made of brick. The building itself has not been put into operation, I have an LLC and want to start working as a car service center. If I carry out this activity, can I be fined and prohibited from performing work?

10.1. You are allowed to engage in activities that are not prohibited by law and do not require special permission. You need to supplement your activities (OKVED) with the Federal Tax Service. Is the building planned to be put into operation?

Did the answer help you?YesNo

11. I have three garages nearby. Purpose: Garage storage of a car. I want to raise it 1.5 meters up and open a car service center. Is it necessary to change the purpose of the land?

11.1. Of course it needs to be changed, but does land also have ownership rights? Or was the land allocated to the cooperative?

Did the answer help you?YesNo

12. A neighbor built a garage + bathhouse in one building with a length of 11.5 meters along the boundary, in the garage he is engaged in entrepreneurial activities, as an individual entrepreneur, but the purpose of the land is for individual construction. A feature of an urban settlement is the private sector.

12.1. Well, he studies and studies... why is he bothering you? There are no violations in his activities. Built is engaged.

Did the answer help you?YesNo

12.2. Land for individual housing construction does not prohibit the construction of auxiliary buildings to service the life of this individual housing construction. If it does not comply with the building standards from the boundaries of the site, then contact the administration. If his business activity disrupts or interferes with the lives of his neighbors, then also contact the administration.

Did the answer help you?YesNo

13. I have a plot of land in SNT with a house in my property, which is registered according to the new law on 01.2019. I want to open a car repair shop in my garage. The land is located within the city and is not intended for agricultural purposes. Is it possible to do this? I am not a member of SNT.

13.1. Hello! You need to contact the administration with an application to change the type of permitted use. This is all that can be said based on the information obtained from your question. Land issues are quite complex and additional information is needed to answer them correctly.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. I own a tractor garage, as it is called in the registration certificate. The certificate for the land plot on which the garage is located says: agricultural land - for an agricultural facility. During the cadastral assessment, the garage was defined as “A garage for special equipment, including a fire station.” So what is it, a garage for agricultural machinery or a garage for special equipment? How does this affect its cadastral value?

14.1. I believe that could lead to an increase in the cadastral value of the garage. You have the right to challenge the cadastral value of real estate to the Rosreestr commission and/or to court.

Did the answer help you?YesNo

15. Good day! The question is this. I purchased a plot of individual housing construction with a dilapidated house and demolished it. The purpose of the land was changed to box-type garages. I want to build a garage with an area of ​​one hundred square meters for personal purposes, not for commercial activities. Tell me, do I need a project for this or can I do without it? Thank you.

15.1. Good afternoon If the construction is capital (foundation, bricks and TD), then the project is needed; if it is prefabricated, which you can disassemble, then it is not tedious. In principle, it is possible to build, but if it is sold there will be problems.

Did the answer help you?YesNo

16. On my own plot of land intended for organizing roadside service facilities, I have my own garage. Can I open a hardware store in it?

16.1. Good afternoon A garage is a non-residential building. The store is a non-residential building. Look in the Unified State Register of Real Estate, if a garage is just a name, then upon application through the MFC, try to change the name (it’s free, just write to change the garage to a store), if this does not work out, then you will have to make changes by preparing a technical plan. Best wishes!

Did the answer help you?YesNo

17. A court decision was received in absentia ordering payment to the state for the unpaid tax on the land (on which the garage is located). I don’t use the garage; one might say that it’s not there at all. Is it possible to challenge this issue?

17.1. Due to the circumstances described, you can’t. This tax is paid not on the fact of using the land or buildings on it, but simply on the fact of being in ownership.

Did the answer help you?YesNo

17.2. A plot of land on your property for which you must pay tax. Give up the plot - there will be no tax, or sell the plot with a garage.

Did the answer help you?YesNo

18. In 1993 we bought a garage. The collective farm no longer has it. The garage is located on agricultural land. The only document for the garage is the payment receipt. Help me please.

18.1. File a claim in court for recognition of ownership rights due to the fact that you have owned it openly for more than 15 years.

Did the answer help you?YesNo

19. Hello, I want to open a tire shop, I own a garage, the land is leased for 49 years, do I need to change the purpose of the land? In the baked goods from the EGR, the VRI line says “no data”

19.1. Hello, for the official placement of a tire service, you need to obtain the consent of the Lessor of this land plot, you will also need to formalize an individual entrepreneur, a program for ensuring and monitoring sanitary inspections - all requirements and standards must be met; a written opinion from Rospotrebnadzor, which monitors the compliance of the production premises with all necessary standards; permission from the traffic police on the suitability of the premises for tire fitting.

Did the answer help you?YesNo

20. I own a garage, the land is leased for 49 years, I want to open a tire shop, do I need to change the purpose of the land or not.

20.1. Hello. We have no idea. We don’t know what her current purpose is.

Did the answer help you?YesNo

20.2. Good afternoon. Of course it is necessary. In the cadastral extract, look at what the current registration status is. You need to order a GPZU and see what types of RIO are available in this area.

Did the answer help you?YesNo

They offer to buy land, a garage facility, can I build a permanent garage with a superstructure.

We bought a non-residential premises such as a garage of 46 m2, a very old brick building.

On a plot of land classified as residential lands, a garage has been converted into a premises for the provision of hairdressing services.

I own land, the purpose of the land is gardening and livestock raising.

There is a plot of land. Category of land use - land of settlements, type of permitted use - for personal subsidiary plots.

There is a plot of land with a designated purpose for car services, there is a garage on it, there is a tire service in the garage, is it necessary to change the purpose of the garage?

Is car repair and tire fitting organized in a garage built on a personal plot next to the house an inappropriate use of land? Purpose of land for individual housing construction.

Crimea. How to obtain permission to rent land to install a metal garage?

Please tell me: is the plot for a garage - are documents needed? project for the construction of a permanent garage?

My name is Nikolai Semenovich. My neighbor and I built a tire shop together on the territory of our land plots where we live.

When calculating the rent for the underground garage land, the mayor's office uses commercial real estate coefficients.