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.
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.
Is it possible to sell a plot of land without land surveying?
- It is more difficult to find a buyer for such a plot . Land surveying is an additional selling point. The advertisements must indicate: “the site has undergone a land surveying procedure,” and this becomes a plus. Why? The answer is simple - the buyer wants to know exactly where the boundaries of his future plot are and what its area is.
- ownership of the plot . Most often this refers to garden and summer cottage plots. Some have registered ownership without land surveying; for others, the land still belongs to the municipality. In the first case, you can sell the land without land surveying. In the second - no, you will have to define boundaries.
- When selling a partial share of a land plot. In this case, the shareholder must order the services of a cadastral engineer in order to allocate his property.
- When selling a plot with an unregistered residential building . Even if the ownership of the land is registered, and the house is built without documents, you will have to survey in order to obtain the remaining documents for the house and register it properly.
- If there is any confusion with the documents . Sometimes this situation arises with garden plot owners. On the cadastral map, in place of their plot, they see a plot with a different cadastral number. It is possible that, upon finding out, land surveying will have to be done before selling such a plot.
- In order to sell a plot of land, it must become property.
- Registration of ownership is now possible only after completing the land surveying procedure.
- Preliminary for the allotment, a boundary project is formed, which establishes the coordinates of the boundaries of the land plot and all shares.
- Only after the plot has been registered in the cadastral register (after land surveying) is it possible to register ownership of it.
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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.
Subtleties of land registration in a garage cooperative
Let us consider in detail how to register the land under the garage as property. Today, many GSKs are excluded from the register as existing legal entities. This is due to the fact that, according to the new legislation, all GSKs had to undergo re-registration of their statutory documents in accordance with the new requirements.
But in fact, the majority of GSK chairmen ignore this circumstance. Many GSKs, without understanding the situation, registered new legal entities with the old name.
As a result, the owner of the garage, having paid the share and coming to Rosreestr with a certificate and BTI measurements to register his site, is faced with a requirement to provide the constituent documents of the GSK.
But according to the new constituent documents, this land plot was never allocated to this GSK. This problem cannot be solved even by the owner going to court. By law, such garages are recognized as unauthorized construction.
The solution to this situation is to restore the previous legal entity. The recovery procedure is not complicated and takes no more than a few months.
The second important issue is that in many GSK the construction of garages has long gone beyond the boundaries of the territory allocated to them. GSK members, when joining a cooperative and paying dues, believe that they have legal ownership, but in reality this is not the case.
The reason for the situation is inattention when joining the GSK. The owner, when meeting with the chairman, does not look at the documents of the cooperative to determine whether a particular site belongs to the GSK, and does not find out whether it is legal to build an extension in the specified location. As a result, serious problems arise when registering land.
The third issue that complicates the registration of a garage in a cooperative is that according to current legislation, the land under the garage is registered if the garage is a separate building and has its own foundation and entrance.
A garage in GSK has walls that are common to neighboring garages, i.e. it is not a separate building, therefore, the land can be registered only if the consent of all owners of the adjacent garage row is obtained.
Taking into account all the indicated nuances, the procedure for registering land in the State Property Committee may be delayed, because may require the provision of additional documents and numerous amendments to them.
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 .
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).
Features of the process of obtaining property
When submitting documents, certain difficulties may arise; you need to prepare for them:
- If the owner of the building does not have the necessary documents, they are lost. We'll have to restore them, which will take time.
- Difficulties will arise if the garage is located on the territory of new buildings.
- If there was and is no legal basis for the construction of a garage. That is, it was necessary to build a “samostroy”. First, you will have to register ownership of the building, often this has to be done through the court. Only after this should you start registering land ownership.
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.
