The number of motorists is increasing every year. The owner of his own car wants to provide his dream with decent storage conditions. Therefore, the need for garages is increasing. Someone is building new capital buildings for their car. Some buy ready-made garages. But for those, and for others, the question of how to register a garage as a property is relevant.
Since the capital structure is considered an object of real estate, then its registration is made according to the same rules, with the execution of the relevant documents. This gives reason to be legal and enjoy the protection of the state.
Legalization of an already constructed garage
In their overwhelming majority, garages used by motorists in Russia were built back in Soviet or post-Soviet times. Then register them in the property was not required. When the sale of garages was carried out, no marks were made about this, except for replacing the name of the shareholder in the lists of garage cooperatives. And if such objects belong to cooperatives, then the land under them, as a rule, remains at the disposal of the city or other settlement, except those that are built on a summer cottage or own land in the courtyard of a private house. And since the land does not belong to the owner of the building, at any time the garage can be declared illegal and demolished. Moreover, the owners of the boxes in which individual garages are located do not have ownership rights to them, nor can they issue it retroactively without resolving the land issue.
In the old days, nobody worked on the design of the constructed garage and was in no hurry to give the building an official status. With the amendment of the law in 2017, every property should be entered in the cadastral register, for which it is necessary to issue a cadastral passport for it. Very many owners of garages, even having the right of ownership to the building, have the right only to use it, but they do not have the right to land, and therefore, if necessary, the garage can be recognized as an unauthorized building subject to demolition.
When can I lose my garage?
Owners of garages who do not have documents of title to the land plot may lose their property if a given piece of land is required by the city for development. And this will not be a violation of the law, since the owners themselves have not taken measures to legalize their buildings. In addition, operations such as selling garages, inheriting them or donating them are not possible if the property is not included in the Unified State Register of Real Estate (USRN). And in order to get into such a register, you must have a cadastral passport, which contains a detailed technical description of the garage as a property, indicating all its unique characteristics. But owners of capital garages should be aware that the right to take any action with an object belonging to them does not give a cadastral passport, but an extract from the aforementioned registry - USRN.
Registration of the object before sale
Thus, the registration of the purchase of a garage in the property is possible only if it is registered with the cadastre or the purchase was made before the entry into force of new legal requirements for real estate. If you want to buy a garage that is not registered in the State Register, first the owner must give it official status by putting it on cadastral registration. Otherwise, you risk becoming the owner of an illegal building, even if it is a very solid and expensive garage.
In order to have the right to make transactions with real estate, owners of illegal buildings should learn how to formalize a garage, go through the whole process and get an extract from the real estate register on the right to own it. Only with such a document can one freely dispose of his property.
Privatization of the land under it
Let us dwell on how to arrange a garage. Today, this procedure is simply necessary. Since, not having taken care of registering the garage as your own real estate, you can completely lose it by falling under the regional development program of the territory on which your building is based. Surely many car owners heard scary stories about various semi-legal shadow schemes, according to which some garage owners who did not receive the necessary documents in time were deprived of their property without the right of compensation, and some even had to pay a fine for unauthorized development.
So, what do owners of garages not yet included in the cadastral register need to do? Where do I need to first contact and how to arrange the garage correctly? The first step in the legalization of illegal construction should be the privatization of the land under it. And here, differences in design appear, depending on what land the garage is on.
The object is built on private land.
If the garage was built on private land, and you have ownership documents, then you only need to add this object to the State Register with assigning it a cadastral number. This registration of the garage in the BTI is made, where you should submit an application on the need to prepare technical documentation for the construction. Along with this, you need to submit a passport, documents of title to the land and the technical plan of the legalized object. After entering your garage in the cadastral register, you need to take the appropriate extract and prepare other documents to obtain the right to property of the object.
Individuals do not need to receive a building permit, but legal entities must have it, if only retroactively. There is a certain procedure for registering a garage as a property, which you must follow in the process of registering a property. If a citizen is going to build a capital garage, then the first thing to do is to acquire ownership of a piece of land for the construction, or issue a lease for it in order to have the right to begin construction.
When do I need to fill out a tax return?
In the event that this citizen is already the owner of a plot of land on which he is not engaged in commercial activities, but has a residential building, and he needs other household or technical buildings, it is enough to fill out a tax return, attach a data sheet and cadastral scheme, as well as documents for the right land ownership - and you can arrange the construction of a garage as an economic object. Moreover, this citizen must be a member of the garage cooperative and have a membership book.
Legalization Algorithm
Garage legalization follows this algorithm:
- an application to local authorities with a request to legalize the structure;
- Commission conclusion that the building is available;
- filling out a declaration for the facility, indicating all its characteristics and supplying communications;
- submission of documents for registration in Rosreestr.
Documents for registration of the object
To obtain permission for construction works retroactively, you will need to prepare the documents necessary for the design of the garage, namely:
- technical project - to order in the architectural department of the local authority or in the BTI;
- building permit;
- permission to commission the finished facility;
- cadastral passport of the building;
- extract from the State Register of ownership.
A slightly different algorithm of actions if your garage is part of the GSK. Let's consider in more detail how to arrange a garage in a cooperative.
Cooperative
How to arrange such a garage? To begin with, if a citizen owns one of the boxes inside a large garage building, then he can obtain the ownership right to his box, if he has the ownership right, the entire building from GSK as a legal entity. The fact is that legal entities must have a building permit on a specific plot of land before starting construction work. Previously, such land was given to cooperatives for rent, but according to current legislation, there must be a right to own a property.
We provide information on the step-by-step registration of the garage in the property. If you do not have ownership of the garage, and it is part of the general structure belonging to the garage cooperative, then the first step should be to go to the management of the GSK to find out if they have a document on the ownership of the object or building permit.
Documents for a cooperative garage
In the presence of official registration of such a right and making the entire object in the State Register under the appropriate cadastral number, it is sufficient to obtain the following documents for registration of the garage:
- certificate that the owner of a separate garage is a member of a garage cooperative;
- certificate that the share fee is fully paid;
- technical documentation for the entire structure;
- a certificate on the construction of the building by the economic means and the date of its commissioning, as well as on all the redevelopments carried out, if any.
What to do next when designing a cooperative garage?
With this package of documents you need to contact the district state administration, where the corresponding certificate of ownership of a single garage box in the general building of the cooperative will be issued.
But more often than not, the ownership right to the garage building object is not formalized, and, therefore, an individual member of the cooperative cannot allocate part of its property from the common ownership. In this case, the issue is solved very difficult and for a long time. In order to legitimize the entire structure, it is necessary to establish this right by a judicial decision. But each of the cooperative’s shareholders should apply to the court for their part of the structure. If the court makes separate decisions for each of the boxes, you can contact the BTI for a cadastral number for each garage space. At the same time, GSK members enjoy the priority right to buy and privatize the land on which their property is located.
Garage as a separate building
In the case when the garages are attached to the apartment building or even are a separate capital building, it is incredibly difficult to register them as the land on which they are located can be the common property of the residents of the house, or the local government acts through the management companies and housing and communal services. It may also be the property of a housing cooperative or belong to the state housing fund. In any case, the registration of ownership of any of the common property will require the written consent of absolutely all owners, and this is almost unrealistic.
Useful tips when registering the property
Permission to build a garage when it is legalized will not be required for those who put such an unauthorized construction on a summer cottage and to whom a "summer cottage amnesty" applies. When buying a garage at GSK, check for property documents - both on the property and on the land.
The owner of a private house or summer cottage can legitimize even a two-story building for residential or household purposes, drawing up a technical plan according to the new scheme with the help of a BTI specialist and receiving documents for it. When preparing documents for the design of the garage, check that its area on all papers is the same and corresponds to the official data of the BTI.
If according to the plan for the development of the settlement, the land under your garage is subject to demolition, then the person who has the title documents for the building is entitled to a compensation payment for its construction in another place.
If you encounter any difficulties in establishing ownership, it is necessary to resolve this issue through the court. Only on the basis of a court decision can you be recognized as the owner of a garage that has not been officially registered.
Registration of ownership of garages does not apply to metal structures without a foundation, which can be freely moved to another place. In the case when the right of ownership to the garage is formalized, but not to the land, it is necessary to carry out land surveying. Only after that you can get permission to submit documents for registration to Rosreestr.
Those citizens who have previously been granted the right to a plot by the administration of a settlement will have to recognize this right through a court. Moreover, both the owner of the garage and the corresponding municipal service, as the owner of the land can do this.
Conclusion
Currently, according to the norms of the law, it is necessary to enter all real estate objects in the cadastral register, to legalize the right to own a garage, by re-qualifying it as the right of ownership of real estate. Delay in this matter may result in at least the impossibility of carrying out any legal transactions with the object, and at the very least - the loss of a garage as an illegally constructed illegal structure.