In our country, most often they draw up apartments, houses, summer cottages or cottages as property. Garage privatization is not a frequent occurrence in Russia, because many citizens think that their garage will not go anywhere.
Privatization: General Information
Many car owners believe that after acquiring a garage, timely payments in a cooperative are enough to recognize ownership of it. However, in fact, the acquisition of a garage building and the payment of membership fees gives a citizen only the right to use. What does this mean? It is no secret that the garage is most often located on a state-owned land plot, so when building another high-rise building, local authorities may demand that the building be removed from state land.
In addition, a garage owner who does not have ownership documents will not be able to fully own the property. This fact does not allow the owner of the garage to either sell, donate, or inherit this property.
Illegal garage buildings say "No!"
As soon as the car owner decides that he needs the privatization of the garage, he needs to find out an important point - whether his construction is legal or unauthorized. Unauthorized garage buildings must be legalized, that is, the property owner must contact the local authorities and get approval for the construction. However, the owner will be able to do without sanction if his garage:
- built on a land plot that is not intended for entrepreneurial activity;
- located on land that is reserved for summer cottages;
- the structure can be easily disassembled and assembled, because the garage can be moved to another place at any time;
- built on private land.
In all other situations, the owner of an unauthorized building must obtain a building permit. To do this, he can do as follows:
- The owner of an illegal building can go to court to establish ownership of the garage building. At the same time, in addition to the lawsuit, the plaintiff will have to bring with him a certificate stating that the building does not threaten the lives of people.
- The owner of the garage can apply to the commission on the elimination of unauthorized buildings and ask for the safety of the existing building.
As soon as the garage is recognized by the authorities and ceases to be an unauthorized construction, its owner can begin collecting documents.
Waking nightmare: no privatization - no property
Many owners of the garage box believe that the privatization of the garage is a waste of nerves and money, but in fact this is far from the case. As already written, local authorities may suddenly need land and the owner of the garage will have to demolish the building. In addition, if the owner expires, and the local authorities do not renew the contract, he will be left with nothing.
Of course, one should not exclude the possibility that the land may be required by the authorities even after the privatization of the garage building. However, with this option, the owner of the garage box will receive monetary compensation for the loss of his property.
What does the law say?
The garage privatization procedure is described in great detail in the Russian legislation and the Land Code of the Russian Federation. In order to collect the necessary documents and not delay the privatization process, the future owner of the garage box should look at the order of the Ministry of Economic Development of the Russian Federation of September 13, 2011 No. 475. It is in this order that the full list of documents that the car owner may need to register the garage for ownership is prescribed.
It is worth noting that the owner of the garage building has priority over other citizens applying for a plot of land under the garage, so if the administration responds negatively, the owner can safely go to court.
Privatize a garage consisting of a garage cooperative
It's no secret that the land plots that are allocated to garage cooperatives for construction, GSK can use indefinitely. However, for peace of mind and greater confidence, the owner of the garage is best privatized.
Garage privatization in a garage cooperative is possible only if all owners give their consent to the registration of ownership. In order to obtain documentary consent from all members of the garage cooperative, the future owner must write an application for the granting of property rights to him and sign it with other owners. The privatization of GSK garages does not take much time, because in order to recognize the right of ownership you only need to obtain a certificate of ownership of the building.
Let's consider in more detail, without which the privatization of the garage is impossible. Documents you need can be obtained as follows:
- To begin with, it is worth contacting the chairman of the SSC and taking from him a document on the registration of the cooperative, a plan and an extract from the registration book, which will indicate that this particular citizen is the owner of the garage.
- Visit the BTI and obtain a technical passport of the building.
- It is necessary to pay membership fees and state fees.
- Privatization of a garage in a garage cooperative is not possible without contacting the State Registration Chamber and obtaining a certificate there. It is worth noting that it is necessary to provide the technical passport for the garage received at the Bureau of Technical Inventory to the Regpalat.
Separate garage building
The privatization of the garage, which is built as a separate building, is a bit simpler.
In order for the garage to be recognized as a detached building, it must have its own foundation and entrance. If a citizen has a separate garage building, then before the start of the privatization process he needs to receive official documents for the land. It is worth noting that the privatization of land for a garage is not the only way to obtain land documents, if desired, the car owner can draw up a land lease agreement with local authorities. If there is a land document, the owner of the detached garage must take it to the BTI and get a technical plan for the garage. With the technical plan, the owner of the garage box must contact the cadastral chamber and obtain a cadastral passport for construction. After receiving all the documents, the car owner can register his ownership in the Registration Chamber and become the full owner of the garage.
Garage, land, privatization
It is worth noting that if the garage building is privatized, and the land itself is not, then the garage owner may still lose it. Indeed, many entrepreneurial businessmen acquire land with garages for the future construction of residential buildings, so all buildings are subject to demolition, and the previously privatized garage will be demolished. Privatization of a land plot is a higher priority than the privatization of a garage building, so it is best for a citizen to immediately privatize not only the garage box itself, but also the land under it.
What documents are needed to privatize the land under the garage?
The privatization of the land for the garage begins with the collection of necessary documentation. Need to bring:
- A copy of the passport of a citizen of the Russian Federation (for personal use) or a notarized power of attorney (for the representative).
- Application in a strictly established form.
- Certificate of ownership of the garage.
- Cadastral plan for the land.
- Check for payment of state duty.
Paid and free privatization
Free privatization of land under the garage is possible only if the land was acquired by a citizen before 2001. As a rule, a citizen will not need a long collection of papers, because the package of documents for free privatization is minimal. The following documents are required from the garage owner:
- cadastral passport;
- citizen's identity card;
- a check on the payment of a fee in favor of the state;
- a certificate confirming the right of a citizen to privatize this site.
Paid privatization will be carried out when the land was received by a citizen after 2001. It implies obtaining consent from the authorities for the purchase of the land plot, while the representative of the authorities must give an answer within 2 weeks after the citizen submits the application. Experts say that conditionally the procedure for paid privatization of a land plot under a garage can be considered as the execution of a contract for the sale of land, where the parties to the transaction are an individual and the state. The cost of privatization directly depends on the actual value of the land, as well as on the amount of land tax.
It is worth noting that obtaining ownership of the land is possible only if the citizen has a freestanding structure. If the garage is part of a common building and has common walls, a foundation and a roof with neighboring garages, then its owner will be able to privatize only a share in the total land plot.
Summarizing
In our country, there are many different loopholes in the laws, so it is better to entrust the garage privatization process to a specialist.
The process of privatizing the garage and the land under it is quite complicated and costly, so many citizens are in no hurry to begin this procedure. It is worth noting that if the garage is part of the GSK and is part of the general structure, then without the consent of other owners it is impossible to issue a property right.
Of the foregoing, it is cheaper and easier for the garage owner to issue a certificate of ownership than to conduct a privatization procedure.