How to transfer the land under the garage. We make out the land plot under the garage in the property

An article on the registration of land for a garage: registration of a plot in the GSK, for a separate garage, the subtleties of the procedure, possible reasons for refusal. At the end of the article - a video on how to arrange a land plot under a garage.

The content of the article:

The land reform, which has been going on in the country for several years, gives rise to a lot of paradoxical situations when the owner of the garage does not have legal rights to the land plot under construction. Before starting to deal with land registration, the owner is required to have documents confirming his right to own a garage. It is possible to issue a site for full use through redemption or privatization.

The right to use the garage in the cooperative allows only the use of the building. As long as you are a member of the GSK, you use the garage, but as soon as membership is suspended, the premises are transferred to the management of the cooperative. In order to obtain ownership of the building in GSK, the following documents must be issued. To obtain a certificate you need:

A certificate stating that you are a member of the cooperative, an extract on the payment of the first installment. Issued by the GSK board.
Certificate of the beginning of the operation of the object, built in an economic way.
Help from BTI.

The actual owner submits these documents to the registration service or the district administration - to the department where certificates of ownership are issued.

After receiving the certificate, the procedure for transferring the land under the building (garage) to private use begins. At the same time, the owner of the building can already legally sell the garage, rent it out, donate it.

The complexity of transferring land into ownership lies in the fact that all the land owned by the GSK is collective, and there are no individual owners of the site, all members of the cooperative are only equity holders in common ownership. The transfer of a separate site to individual use is possible only collectively. The procedure is as follows:

At the meeting of shareholders (members of the cooperative), a decision is made to transfer land from collective use to shared use.
The minutes of the meeting are drawn up, endorsed by the members of the board, the secretary.
A general (collective) application is written to the Department of Property Affairs with a request to change the status of the land. In rare cases, in addition to a collective appeal, a similar statement is required, but written individually by each member of the GSK.

The following package of documents is submitted to the Department. Responsibility for the correct execution and availability of all permits lies with the chairman of the cooperative:

general statement of the participants of the cooperative;
organizational charter;
cooperative identification documents: registration certificate, tax accounting certificate, extract from the register of legal entities, cadastral passport of the cooperative land plot;
the decision of the executive body on the transfer of land to GSK with an indication of the form of activity on this site;
technical documentation for each building.

The transfer of land to individual ownership can occur in two ways, depending on the decision of the Department:

Free transfer to the owners of garages of the right to land under construction. Perpetual use.
Ransom. Depending on the location of the cooperative plot, settlement, etc. The cost will be from 1 to 20% of the cadastral value.

If the transfer of land under the garage involves indefinite use and is transferred to members of the cooperative without redemption, it is recommended to privatize the site.

It is important to remember that the state, represented by the district authorities, reserves the right to change the form of relations with individuals and legal entities in the case of an indefinite form of land lease. Privatization will allow the owner to receive optimal compensation if the state “comes to mind” to withdraw land for its needs.

A garage with a separate exit is considered an individual. The certificate is issued by the district administration or the relevant service on the basis of the following documents:

building permit issued by the executive committee;
document for land allocation for construction (lease agreement, registered property);
those passport for construction with BTI.

Most often, a separate garage was built on a plot leased from the state. When registering a plot in private ownership from the owner of the garage You need to submit the following package to the district administration:

application for the transfer of the site for personal use and possession;
a copy of the citizen's passport;
all documents confirming that the garage is private property. Extract from the USNR;
cadastral extract for the site;
copy of the lease certificate.

The district administration within 30 calendar days will provide the applicant with the conditions under which the purchase of the site is possible. If the garage was built before October 25, 2001, then the site can be privatized. At the same time, the cost of a plot under a separate garage cannot be higher than that indicated in the cadastral passport.

After the execution of the buyout or privatization agreement, the owner must register the ownership within 14 days.

There are cases when municipal authorities refuse to buy a plot under a garage:

The site is included in the capital development plan of the area.
Incomplete package of documents.
The plot of land under the garage is the subject of ongoing litigation.

After registration of ownership of land, the owner is obliged to pay monthly (or quarterly) tax deductions.

Video on how to arrange a land plot under a garage:

Russian legislation is increasingly closely monitoring transactions related to the turnover of garage land.

This is due to the increase in the security of property relations and the protection of the rights of citizens.

The state is making efforts to ensure that the registration of the land under the garage into ownership is carried out according to certain procedures and in the manner prescribed by law.

In accordance with modern rules, all real estate transactions are legal only if they contain a certificate for the land occupied by the building.

In the case of buying a garage, the plot of land under it formally becomes the property of the new buyer.

For this, the owner is billed a fee for land use in the amount of the value of the land tax.

But the 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 lease it.

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

When registering land, the owner acquires this right.

Another 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 was allocated in a certain area 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 these institutions do not have any data, the land is considered free. This also applies to lands on which garage-building cooperatives (GSK) 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 the owners through local announcements or the press of 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 evidence to the municipality 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 existing increase in the cost of land and the rapid compaction of development, there is a significant risk of losing the site if it is not properly designed.

The subtleties of land registration in a garage cooperative

Let us consider in detail how to register the land under the garage as a property. Today, many GSKs are excluded from the register as existing legal entities. This is due to the fact that, under the new legislation, all GSKs had to re-register 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 a share and having come to Rosreestr with a certificate and measurements from the BTI 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 assigned to this GSK. This problem is not solved even by the owner's appeal to the court. By law, such garages are recognized as unauthorized construction.

The solution to the situation is the restoration of the former legal entity. The recovery procedure is not complicated and takes no more than a few months.

The second important issue is that in many GSKs the construction of garages has long gone beyond the boundaries of the territory allotted to them. Members of the GSK, joining the cooperative and paying fees, believe that they have legal property, 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 regarding the ownership of a particular section of the GSK, and does not find out whether it is legal to build an extension in the indicated place. As a result, serious problems arise in land registration.

The third issue that complicates the registration of a garage in a cooperative is that according to the current legislation, the land under the garage is formalized if the garage is a separate building, has its own foundation and entrance.

The garage in the GSK has walls that are common to neighboring garages, i.e. it is not a separate building, respectively, the land can be issued only if the consent of all the owners of the adjacent garage row is obtained.

Considering all the indicated nuances, the procedure for registering land in the GSK may be delayed, because. may require the submission of additional documents and many amendments to them.

List of documents for registration

Ownership of land is confirmed by a certificate issued by the Registration Chamber of Rosreestr.

Land registration is carried out in the following cases:

if you have the right to lifelong ownership of the land with the right to inherit;
if there is a right to use the site without a time limit (the land was received from the plant, through the formation of the GSK, etc.);
in the presence of the right to lease land, formalized through a deal with the district, city administration.

For registration of property rights, you must contact the local division of Rosreestr. If the garage is located in a rural area, you must contact the local administration.

Required documents:

application (the form is available in the institution);
a copy of the civil passport;
documents on the basis of which a garage was built or purchased on the registered plot (certificate, lease agreement, act of the right to use or possession, extract from the household book, etc.);
extract from the BTI with the general plan of the site (upon receiving the property before 1999);
cadastral (or technical) passport, proving the registration of the site for cadastral registration;
receipt of payment of the state fee (it can be paid at the Rosreestr institution or at any bank).

If the owner does not have a cadastral passport, it is necessary to issue one. To do this, you need to contact the nearest licensed land management company to conduct a land survey. The work will be carried out by a cadastral engineer. If the survey has already been carried out, cadastral extracts can be obtained from the Cadastral Chamber of Rosreestr.

Land registration takes about a month, after the owner is issued a certificate of state registration of land ownership (certificate).

Individual garage

To facilitate the procedures for registering land, the state issued a law on dacha amnesty (abbreviated as Federal Law No. 93), which makes it possible to register land according to a simplified scheme.

The amnesty specified in the law applies only to plots issued to owners before October 30, 2001. For their legalization, it is necessary to submit the above documents, with the exception of the cadastral (technical) passport.

In the past, some owners of individual garages have teamed up with GSK, formalizing their plots through a lease agreement. This deprives the owners of such garages of the amnesty prescribed in Federal Law No. 93.

In these cases, in order to recognize ownership, it is recommended to go to court.

This also applies to situations where the owner does not have a complete set of documents or only copies of them. In most cases, the court makes a positive decision.

If the owner has a metal garage and does not have permits, he can apply for recognition of ownership to the local administration. To do this, you must provide the documents on the basis of which a garage was purchased or built on this site.

According to Federal Law No. 122, land can be registered as a property if the garage stands on a solid foundation or has a brick cellar or other capital structure under it, i.e. it is truly real estate.

Price

Estimated costs:

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

For most owners of garage buildings in our country, the plots for their development fell into the hands long before the registration of ownership of 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, the lack of documentation can serve as a loss of the garage by selling 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 question? According to him, the priority for registration of privatization for such a site remains with the owner of the building. In our case, the garage.

It is necessary to distinguish garage buildings by their types:

standing separately,
located in the wall neighborhood with similar buildings.

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

Important! The owner of the garage has his full right to privatize and register the land as property 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 points 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 be subject to privatization.

Only after all the buildings on it will have the registered rights of their owners. But, according to the second, the sections of the GKS are inseparable, and can be divided in the share plan of registration of ownership.

Important! Land plots that are in reserve for the needs of the state cannot be privatized, only leased.

"Lazy people" who do not want to deal with bringing documents to the garage in order. Face a sea of problems in the future. And the worst thing that can happen is the recognition of the garage itself as a system and its liquidation, or the sale of land to a third party. And you will no longer have either a garage or peace.

Are garage registration and garage privatization the same thing?

Often there is a confusion of these concepts and their identification. But lawyers are unequivocal - this is wrong. So, provided that you have a garage building in a cooperative and membership in it, then this is your garage anyway (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 it is illogical to privatize your own.

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

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

The transition to your ownership of the land under the garage will occur by privatizing it, in fact, by buying it from the state. The price side of this issue directly depends on the region of location and its location.

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

Garage buildings of a separate plan with a separate entrance and foundation fall under privatization. Garages in a common property complex cannot go through the procedure for privatizing the land under them. Ownership is formalized only by sharing through the conclusion of a land lease agreement.

What is better - to register the land in the property or to rent it?

Let's take a look at the pros and cons of these two options.

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

significant cash savings if you decide to sell the garage;
the new owner will automatically receive the right to lease the site that you had;
you have the right to fully dispose of the land at the time of the lease agreement, and even make it as a contribution to the statutory funds or sublease it without asking the owner.

Disadvantages of the leased land:

lease term is limited
rent change;
dependence on the owner and his decisions.

Benefits of owning a property:

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

The main and only drawback of land ownership is the high cost of its registration., and constant payment of land tax. So, lawyers recommend carefully observing the legality of transactions for 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 from the chairman of the cooperative a certificate of registration of the cooperative community,
we carry it to the BTI, which will measure the garage and fill in its technical data,
we bring the received documents to the registration chamber, where, on the basis of them, you will receive a certificate of ownership of the garage.

This process is expensive and lengthy. th, and most garage owners, oppose this procedure. But even they understand that there is no other way. So, you can rent your plots with the whole cooperative or buy it into the ownership of a shared order. 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 registration of land

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 decide on the sale of plots consisting of shares to you at the price of their cadastral value.

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

Where to apply?

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

notarized copies of all constituent documents,
protocol of his appointment.

After the decision on privatization is made, a contract for the sale of the site 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.

Why privatize land under a garage cooperative?

Now most cooperatives exist on the land of the state, and only a small part of them has already completed and formalized the privatization of this land.

And this means that the entire cooperative is on municipal land, being leased, a term that may end, but will the next one begin?

Especially, there will be a need, for example, in the construction of a highway of a different nature. If this happens on a privatized site, you will receive compensation from the city.

We conclude that no one likes the suspended state, but to sleep peacefully and not worry about your garage - privatize it.

The nuances of registration in the ownership of land for a garage in GSK

Only the joint efforts of the entire cooperative. So those who have already registered ownership of a garage building will be waiting for those who are lagging behind in this matter. And only after - you can privatize the land of the cooperative.

But everything is in the hands of the activist. Insist, let the chairman notify everyone, set a deadline for completing the initial stage, take serious measures to put pressure on those who don't want to.

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

A decision on privatization will be ready in a calendar month. And if you created a cooperative before 10/30/2001 - it will not cost you a penny.

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

Difficulties:

Some documentation may be missing for a variety of reasons, from being lost to anything. And this means a long and troublesome procedure for their restoration.
It will be hard for you if the garage is on the territory of new buildings. It may well be. That it is recognized as a self-built object and will be demolished. This means that there will be a long 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, just register it in shared ownership (read about its difficulties above).

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 duration of the procedure, of course, is sad, but after going through this you will not experience moral anguish about "whatever happens."

Registration of land under the garage in the property price

The privatization procedure will be free for you if the transfer for perpetual use was carried out before 10/30/2001. If unlucky and it happened later, then you will have to pay the full cadastral price of the site in favor of the state.

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

FAQ

Decided to take ownership of the land. There are documents for the garage, but it turned out that it stands on the ground of a newly built building. What should I do?
Draw up according to the standard scheme. You have priority on the ground. Not the developer. If you can't do it, go to court.
I own a cooperative garage, all the necessary documentation is in place. We want to privatize the land, but there are two members of the cooperative who do not want to do this. And without them, nothing. What to do?
Call a meeting of the co-op, and make a collective decision to expel them if they do not complete the appropriate documentation in the appropriate time frame. Record and document all decisions. Notify them against signature or registered mail.
We decided to arrange a garage, but they said that without documents for the building itself, we would not issue the land. This is true?
Yes. You have been informed correctly. First you get a certificate of ownership for the garage, and then for the land.
Our garage cooperative received land for perpetual use in April 2001. How much will privatization cost us?
You fall under the free privatization of the garage, because the perpetual use was received earlier than October 30, 2001. But if later, you would have paid the full cost of the cadastre.
Our cooperative applied for privatization to the local administration on 01.10.2015. So far no decision has been made. What should we do?
Apply with a collective complaint to 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 on a complaint to a higher authority. And negligent officials will be punished, and your issue will be resolved.

A car in our time is not a luxury, but a means of transportation, but a garage in which this car could be buried from bad weather and an unkind look is gradually becoming a real luxury in big cities. Therefore, the issue of registering garages for ownership and privatization of land plots under garages for members of garage cooperatives is becoming more and more acute every day.

State registration of ownership of the garage

Often, the procedure for state registration of ownership of a garage is called the privatization of a garage, but such a designation is legally incorrect, since privatization is the transfer of state or municipal property to private individuals. If you are a member of a garage cooperative, then the cooperative garage that you use is already your property (according to paragraph 4 of Article 218 of the Civil Code of the Russian Federation, a member of a garage cooperative, other persons entitled to share accumulation who have fully paid a share contribution for garage provided to them by the cooperative acquire ownership of this property). Agree, privatization of own property is not entirely logical. But the state registration of property rights is quite logical and even very useful.

Why is state registration of ownership of a garage so important

At the moment, many garage owners do not have any title documents in their hands, except for the cooperative member's book. Following the logic of the above provision of Article 218 of the Civil Code, this document is quite enough to be the owner of the garage, however, without state registration and obtaining the appropriate certificate, your ownership will be reduced to the right of possession and use, but not disposal. That is, without a certificate of ownership of the garage, you will not be able to sell this property, exchange it, etc. It should be noted that when the garage is alienated (its owner is changed), the right of membership in the cooperative passes to the new owner along with the property.

How to register ownership of a garage (register a garage as a property)

We turn to the chairman of the garage cooperative (GK) for a certificate with reference to the decision of the local government on the registration of your GK.
We apply with the received certificate to the Bureau of Technical Inventory (BTI), which measures the garage and draws up a technical description based on it.
We apply with a technical description (TO) and a certificate to the Registration Chamber, which, on the basis of the documents received, will issue you a certificate of ownership of the real estate object, which is your garage.

Privatization (purchase) of a land plot under a garage

Most of the garage cooperatives received land for the construction of garages on the right of perpetual, that is, permanent use, therefore the state (local governments) retains the ownership of them. In order to become the owner of such a land plot, it must be privatized (to be precise, redeemed from municipal or state property).

How to acquire rights to a plot of land under a garage

We apply for the acquisition of rights to a land plot (if we are talking about the privatization of an indivisible plot under garages, the application must be joint on behalf of all members of the cooperative) to the local administration. Attached to the application are the documents provided by the "List of documents attached to the application for the acquisition of rights to a land plot that is in state or municipal ownership and on which buildings, structures, structures are located", approved by order of the Ministry of Economic Development and Trade of the Russian Federation:

a copy of the passport;
a copy of the document certifying the rights of the representative, if the application is submitted by a representative;
certificate of ownership of the garage (extract from the register);
an extract from the USRR on the rights to the acquired land (in most cases, this is the right of the cooperative for unlimited use); if there are no registered rights to this site, it is necessary to attach a reasoned refusal to provide information from the state registration authority (Rosreestr);
cadastral passport of the plot, which can be ordered from the territorial body of the Federal Service for State Registration, Cadastre and Cartography (Rosreestre) on the basis of title documents for the land plot - we apply for such documents to the chairman of the cooperative;
a copy of the document on the right to use the land plot indefinitely or on the right to lease (these are the title documents for the land specified in paragraph "e").

Within a month, the local administration considers the application and decides whether to grant the site on the right of ownership or for rent.
Within a month after the decision is made, the local administration prepares a draft sale or lease agreement, which it sends to you with a proposal to conclude an appropriate agreement.
After the conclusion of the contract, the transfer of ownership must be registered in the prescribed manner. After completing this procedure, you become a happy owner of a plot of land under a garage or a share in the common property of members of the cooperative.

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