How to register a garage as your property, the registration procedure in a garage cooperative and where to start in 2020

Why is it necessary to register a garage as your property?

Everyone who wants to legalize their ownership of a garage pursues specific goals. The most common reasons for registering a garage as your property are as follows.

In law enforcement practice, a situation often occurs when a person inherits a garage without documents. The testator actually owned the building, but during his lifetime he did not have time to legalize the object. The only solution in this case is to go to court for recognition of ownership rights.

In the post-Soviet space, garage buildings have become one of the integral parts of the daily life of citizens.
In addition to storing a vehicle in the garage, it solves numerous everyday problems by acting as a kind of storage room. However, an object without documents cannot be the subject of any transaction: rental, sale. Therefore, it is worthwhile to legalize your property legal relationship as quickly as possible in order to protect yourself from the cunning tricks of attackers. In addition, the increased demand for legally registered garages on the market is not only stable, but also notable for its rather high prices than for garages without documents .
Another popular reason for contacting the relevant government authorities in order to properly register a garage lies in typos and errors made when drawing up documentation for the garage. Failure to comply with the written forms of registers and forms entails the invalidity of title documents. Incorrect entry of data is considered grounds for the court to formalize a person’s ownership of a garage building.

What is needed to privatize a garage?

Boxing becomes property if its owner has the following papers in his hands:

certificate of ownership;
certificates from the BTI;
documents for land.

ATTENTION! If the garage box was built after March 1, 2008, then a cadastral passport will be needed to register it. For buildings of earlier dates, a cadastral plan is required.

In order for property to be registered with a state organization, it is necessary to fill out an application, pay a state fee (if the property is registered as shared ownership, then the amount is divided among everyone) and provide a passport.

If it is necessary to register ownership of a garage in the GSK, this requires a number of documents.

Namely: a certificate of membership in the cooperative, a document confirming the redemption of the share in full, as well as the minutes of the general meeting of participants.

The very first building in the GSK line is registered as a legal entity (at GSK) with the provision of the Charter, an extract from the Unified State Register of Legal Entities, Taxpayer Identification Number and other documents.

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What types of garages are there?

The procedure for registering a garage is directly related to determining its main characteristics. In addition, it is important to determine the legal status of the land plot where the building is erected.

Depending on their qualities and construction features, garages are of 3 types:

Boxing . Such a property is included in the general structure of the building. Boxes are compartments for cars inside a building.
Capital garage . Such an object is distinguished by the fact that it can acquire the status of both an independent building and an extension.
Garages are metal structures . The most numerous option is not a building. There is no foundation, which makes it easy to disassemble and transport.

Does the law allow you to register an individual garage as your property?

The construction by owners of various non-residential buildings on land plots is considered commonplace. From a legal point of view, it has become possible to formalize your rights to these buildings since 2006, when the domestic legislator gave force to a regulatory legal act allowing the registration of ownership of such objects.

In common parlance, this Law is called the “dacha amnesty.”

However, it should be noted that the “dacha amnesty” will be valid until March 1, 2020.

It is during this period that the Law ceases to work. Although from 2006 until today, decisions have been made several times to extend the validity of the “dacha amnesty”.

The question arises - how to decorate a garage? Let's consider several options. In the first case, the owner of the plot builds a garage on his own land. A garage building in such a situation is subject to registration without certain legislative restrictions and bureaucratic obstacles. But the important fact is that the landowner must have all the title documents for the land . Otherwise, legalization of the garage will be impossible.

Thus, registration is preceded by the procedure for obtaining a cadastral passport of the land from the Cadastral Chamber. If the landowner has a cadastral plan (the issuance of which was discontinued on March 1, 2008), then a separate application to the Cadastral Chamber is not required. Also, according to the dacha amnesty, the presence of a land survey is not considered a prerequisite for registering property rights.

How to design a garage during construction

At this stage, it is necessary to register buildings whose location is the territory of a private land plot. For this you need the following documents:

request for construction;
copies of title documents for land ownership;
technical site plan ordered from BTI;
project of the future garage and its connection to communications;
cadastral plan of the site and its topographic map.

All collected documentation is submitted to the architectural department, and after 10 days it will be possible to receive either a refusal or a building permit. Upon completion of construction, upon receipt of the appropriate permit, the process of direct registration of ownership of the garage begins.

Standard package of documents to register your right

positive response from the architectural department;
a copy of the land title;
technical plan of the land plot and building issued by the BTI;
topographic map with construction;
copy of the owner's passport.

Recognition of ownership of a garage is also carried out at the Registration Chamber, after paying the state fee and writing an application. The application is considered within a month, i.e. A certificate of registration of ownership is issued after submitting documentation within a month.

For those who don't know how much land costs. Please note that, in accordance with the law, the cost per square meter of land should not exceed the cadastral value, but it may fluctuate in different regions.

Registration of ownership of an individual garage and land - step-by-step procedure

To legalize a garage and obtain ownership of the land plot where the building is located, the following conditions must be met:

The date of receipt of the plot for use must be no later than October 30, 2001.
The intended purpose of the land is private household plots, individual housing construction, gardening or the construction of garages.
Availability of documentation that confirms the fact of provision of land on the right of lifelong ownership or ownership. The documents will be considered valid even if the specific type of right on the basis of which the land plot was obtained is not indicated.

The owner's right to land is registered in the territorial division of Rosreestr.

The following must be submitted to this body:

Payment document confirming payment of the state duty (as of June 2020, the amount is 350 rubles).
Cadastral plan or passport of the property.
Documents for land. If land is provided for private household plots, instead of a certificate of title to the plot, an extract from the household register is issued.
Personal passport.

Based on the results of the review, Rosreestr will issue a certificate of title to the land plot. After receiving this title document, legalization of the garage becomes possible. The procedure for legalizing a garage building also falls under the jurisdiction of Rosreestr.

The Rosreestr service will require the following documents:

Document confirming payment of state duty;
Garage declaration – in two copies;
Passport - one copy;
Documents for land.

Documents certifying ownership of the garage will be issued to the owner of the land plot within 10 working days.

Step-by-step garage registration procedure

The algorithm of actions for registering ownership of a garage is as follows:

after paying the entire amount of the share and putting the GSK into operation, you need to contact the board of the cooperative and receive a certificate of membership and full payment of share contributions;
if the garage has not previously been registered with the cadastral register, you need to contact a cadastral engineer and obtain a technical plan;
with the prepared set of documents, you need to contact Rosreestr and the MFC, where an application for registration will be filled out;
Upon completion of the procedure, you need to receive an extract from the Unified State Register of Real Estate confirming ownership.

If the cooperative has existed for a long time, but the application for registration has only just taken place, problems may arise with obtaining documents (for example, the archive of the GSK is often lost, especially when members of the board and chairman are repeatedly changed). In this case, to confirm rights, it may be necessary to go to court, then registration of property occurs on the basis of a judicial act.

Expert advice . If a garage built individually on a rented or own plot is registered, a technical plan is submitted to Rosreestr or MFC. Previously, to apply to Rosreestr, it was necessary to fill out a declaration for the object, now this rule has been canceled, and you need to submit a technical plan and title documents for the land under the garage.

What to do with the registration of garages in garage-building cooperatives?

Garage construction cooperatives, which are so popular in our country, issue their members with a membership book, which serves as a legal document. If a member of the GSK leaves the cooperative, he sells his share, and the new owner of the garage becomes a member of the garage association. However, this procedure for changing ownership does not comply with legal requirements.

The transaction for the alienation of the garage must be completed in compliance with all legal aspects. Otherwise, if GSK land is seized for state needs, then there is no point in counting on compensation for owners without documents.

Registration of ownership of a garage building in a garage-building cooperative requires the following documents:

Applicant's passport.
Receipt for payment of state duty.
Cadastral passport of the cooperative garage.
A certificate confirming the person’s membership in the GSK.
A certificate stating that the share contributions have been paid in full (this certificate will have legal force if it bears the signature of the chief accountant or chairman of the cooperative).

However, there are cases when all the shareholders have not paid their full contributions, and, therefore, ownership rights have not been registered for any garage.
When registering rights in this case, an additional package of documents will be required.

The additional package of documents consists of:

Charter of the cooperative;
Certificate of the cooperative's right to land;
Certificate of state registration of the cooperative;
List of cooperative members;
An extract from the minutes of the general meeting of the cooperative on the election of the chairman, as well as an order on the appointment of the chief accountant.

The procedure for registering ownership of cooperative garages

The procedure for registering a cooperative garage includes the following stages:

First, the person must contact the chairman of the cooperative and obtain the relevant documents necessary for registration.
Then, you should order the drawing up of a technical plan for the garage from a cadastral engineer.
After this, cadastral registration is carried out at the Cadastral Chamber on the basis of the technical plan and package of documents.

IMPORTANT! Registration will be difficult if the garage has common walls with adjacent buildings and is part of a line of garages. Such a garage does not have the status of an independent building, but is considered a room in a line of garages. Therefore, in order to register one garage with the cadastral authority, the entire line of garages must be registered as a whole building. The document confirming registration is a cadastral passport.

The final stage is an application to Rosreestr to register property rights. When contacting Rosreestr, you will need to write an application in the prescribed form and attach documents to it. During the period for consideration of the application, the garage owner will be issued a title document for the garage box.

Other criteria and points

An important point in registering ownership of a garage building is resolving the issue of land privatization. To be the full owner of a property, you need to not only own the building, but also the site on which it is located.

Features of land privatization

Until March 1, 2020, citizens have the opportunity to privatize garages for free. In 2020, no changes were made to current legislation. In order to register the land and garage as property, it is enough to collect a package of documents.

In February 2020, the Dacha Amnesty program was launched. It makes it possible to privatize land along with a garage without a building permit. In this case, the declaration will serve as a document confirming that there is a garage on the site. It is filled out by the owner himself and submitted to the Federal Tax Service at the location of the garage.

Preparation details via GSK

Garage owners who are part of garage-building cooperatives most often do not have any documents on hand other than a membership card.

The sale of a garage is carried out through the inclusion of a citizen in the cooperative. But from a legal point of view, such a deal has no legal force. The owner of such a garage cannot actually dispose of it, it is only for his use.

In addition, garage owners in a cooperative should know that if such buildings are demolished, they will not receive compensation. Where to start registering a garage as your property in GKS?

To carry out the procedure, you will need to collect the following package of documents:

applicant's passport;
a certificate stating that the applicant is a member of the cooperative and pays share contributions;
cadastral passport for the object;
receipt of payment of the duty.

If none of the garages have previously been registered as property, the situation will become more complicated.

To obtain rights you will need to provide additional documents:

charter of the garage-construction complex;
certificate of registration with the tax authority;
an extract from the protocol on the election of the chairman;
a copy of the order on the appointment of the chief accountant;
list of members included in the cooperative;
documents for land.

Having all the documents in hand, the applicant can contact Rosreestr.

Sample TIN of a citizen of the Russian Federation

Cases of unauthorized construction

There are often situations when a person built a garage without permission. He erected a building on land that does not belong to him or is intended for other purposes.

There are two ways to legitimize such a building:

by submitting an application to the commission for combating illegal buildings with a request to preserve the garage;
through the court with a claim for recognition of rights to an unauthorized garage.

In all these cases, the applicant will have to:

prove that it was he who built the garage without violating the interests of others;
provide an extract from Rosreestr that there are no other claims to this object;
present a certificate of compliance with all sanitary standards;
if the land on which the garage is built belongs to the municipality, it is necessary to provide a document indicating that there is an agreement to provide the site for rent.

If the garage was built on land that cannot be used for this type of purpose, it will not be possible to register ownership of it.

Nuances of privatization

There are certain nuances of real estate privatization if:

the site was allocated until 2001;
it was intended for individual use only;
the applicant has all the title documents.

In this case, the applicants will not have problems. But, if there are no documents, then it will not be possible to legalize a garage built without permission. This was only possible until 2006. Today, the right to such a plot can only be obtained through court.

What about unauthorized garages?

We discussed above situations when the owner of a legally constructed facility does not have title documents.
But what about unauthorized garage buildings? There are often cases when a plot of land is not used for its intended purpose and a garage is built on land not intended for this purpose. Or a completely different situation, when a person builds a garage on a plot that does not belong to him. Registration of such unauthorized buildings causes certain difficulties. Law enforcement practice has found two ways to register an illegally built garage as property:

Judicial order. It is necessary to apply to the court for recognition of the right to unauthorized construction.
An extrajudicial procedure, according to which the city commission for the suppression of unauthorized buildings, on the basis of a person’s application to preserve a garage, legalizes the right to a garage.

In order for the above procedures to be carried out properly, the person must provide evidence that the garage was built by him. Contracts concluded with contractors may be presented as evidence. In addition, the garage building must meet fire and sanitary requirements.

It is possible to legalize an unauthorized construction only if there are no claims of other persons to the object. If there is a dispute about the owner of an illegally built garage, then it is not possible to register such an object. In any case, land with the appropriate purpose must be used to build a garage. If the category of a land plot does not correspond to its actual use, then it will not be possible to register rights to an object on such land.

The video story will tell you where to start when registering a garage as your property.