As soon as a person acquires a vehicle, the question immediately arises before him: "Where to park your car?" There are several options for the car owner: parking a car in a paid parking lot, renting a garage box, or acquiring a garage for personal use. Making a garage will allow the car owner to fully use his property. Many have heard about privatization, but not everyone knows how to properly implement this procedure. How to register a garage ? We analyze in more detail in this article.
Privatization: what is it and why is it needed?
Privatization refers to the transfer to a citizen of the right of ownership of a property. It is worth noting that without the privatization of the garage building, the car owner is not the full owner of the garage. This means that, if necessary, the owner does not have the right to sell, donate or inherit his property. In addition, if the state suddenly needs a land plot under the garage box, the garage owner risks being left with nothing. In order to secure their possessions, it is necessary to take up the privatization process and arrange your garage.
However, not everyone knows that the design of the garage, which is part of the cooperative, is a special process that is somewhat different from the privatization of other real estate. The thing is that the garage building, which is part of the GSK, is neither state nor municipal property, so you can not transfer it to personal ownership. In order for a citizen to become a full owner of the garage, he must make timely membership dues and obtain a certificate of ownership in the Unified State Register.
Legally or not?
Is it possible to privatize the garage and what needs to be done for this? Before you start collecting documents for registration of property, the owner needs to find out the legality of the building. It is no secret that during the time of perestroika, many buildings were built without permission from the authorities, so today such garages need to be legalized. In order for the garage to become a legal building, you must do the following:
- File a lawsuit in court to establish ownership. It is worth noting that the owner of the garage box must collect documents on the safety of his construction.
- Write a statement to the special commission for the preservation and liquidation of illegal buildings. The application should ask that the "unauthorized" garage be maintained and legalized.
After contacting the authorities and obtaining permission from them to build a garage, the existing building ceases to be illegal. Further it is possible to arrange a garage.
How to privatize the building, if you do not want to contact the authorities?
There are special cases when no permissions are required to decorate a garage:
- The garage building is located on a plot of land that is not planned to be used for business.
- If the garage is built on summer cottages, then permission of the authorities is not required.
- A metal garage that can be easily dismantled and mounted in a new location.
- The construction of a garage box on a private land will not require any sanctions from the authorities.
How to save your garage?
Every year in our country, a huge number of residential buildings are built. For obvious reasons, the land area does not increase. Many authorities vacate the land by demolishing old garages, especially if the buildings are unauthorized. Of course, local administration officials may also need land under privatized real estate, and the metal garage will also be destroyed. However, in the second case, the owner of the garage box will be paid monetary compensation for the demolition of real estate.
Many property owners believe that the constructed garage will not go anywhere. In fact, everything is different, and at any time the owner may lose his garage. How to privatize your garage building and not stay with your nose? The answer to this question will be given below.
What is written in the law?
Russian law clearly regulates the process of registration of real estate property. The law says that the owner of the garage has a priority right in the privatization of land located under the garage building. In fact, this means that if several citizens start applying for a land plot, then the authorities will give preference to the one who has already designed the garage. How to privatize the garage building, and what documents to collect at the same time is indicated in the order of the Ministry of Economic Development of the Russian Federation of September 13, 2011.
Garage Cooperative: Privatization
Many members of the garage cooperative believe that with the timely payment of membership fees, the garage box becomes their property automatically. In fact, the situation is different. How to privatize a garage in a garage cooperative? How to start this procedure?
First, the owner of the garage should contact the chairman of the cooperative and get the following documents from him:
- a certificate stating that the citizen is a member of the GSK and pays contributions on time;
- statutory documents of a cooperative and an inventory of cooperative property;
- certificate of registration of GSK in local authorities;
- documents for the land under the garage building;
- full roll-call list of GCW members;
- document confirming the commissioning of the GCS.
In addition, the owner of the garage box must visit the BTI and order a measurement of the building. In the future, a technical plan for a garage building will be issued at BTI.
At the final stage of privatization, the garage owner should collect a full package of documents and go to the Registration Chamber for a certificate. It is worth noting that calling a technician from BTI is not a free procedure, and the owner will not receive a certificate of ownership without paying a state duty.
However, all the above documents should be collected only if none of the members of the GCW has been involved in privatization. How to privatize a garage in a garage cooperative if all GSK members draw up ownership right at the same time? In this case, the owner of the garage will need to take from the chairman only a certificate of registration of the cooperative, all other documents on the GSK will not be required.
What to do if the garage is a separate building?
It is much easier to make a separate building a property. A garage box with a separate entrance and foundation should be considered as a separate garage. How to privatize a detached building? To do this, do the following:
- Get documents for the land under the garage building. To obtain official land documents, the owner does not need to register the land as a property. To privatize the garage building, it is enough to conclude a land lease agreement with the authorities.
- Visit BTI and apply for a technical passport to the garage.
- At the final stage of the privatization of the garage, the owner must contact the registration chamber and obtain a certificate of ownership. The owner of the garage box must provide the technical passport of the building, the cadastral passport of the garage and a copy of the citizen's passport to the Regpalat.
Land privatization
If a citizen privatizes his property, he can still lose his possessions and be left with nothing. Recently, officials have vacated land for the construction of residential buildings, so any building can be sent for demolition: a barn, a stop pavilion or even a garage. How to privatize a garage building and not lose it? For this, the owner of the car garage needs to privatize not only the building itself, but also the land under the garage. Privatized land under the garage box gives the owner confidence in the future, and protects him from losing his property.
We collect documents for land registration
Before privatizing the land under the garage, the property itself must be issued a garage building. What do you need to privatize land?
- A photocopy of the passport of a citizen of the Russian Federation. If, instead of the owner of the garage, his proxy deals with the registration, an additional power of attorney is required.
- Application from a citizen (application form can be found on the Internet and printed in advance).
- Documents confirming ownership of the garage building.
- Receipt of payment of state duty.
As can be seen from the above, the documents for the privatization of the garage and the land under it differ from each other. Therefore, before collecting a package of documents, the owner should nevertheless seek the advice of a specialist.
When is it worth paying for the privatization process?
In accordance with the laws of the Russian Federation, free privatization of the garage is possible only if the building was purchased by the owner before 2001. In all other cases, you will have to give your hard-earned money for the right to register property. Moreover, the cost of registration directly depends on the size of the land tax and on the real value of the land. It should be noted that privatization is impossible without the consent of local authorities for the purchase of land by a citizen. In this case, the owner of the garage will not receive an answer immediately, but only after 14 working days after contacting the authorities.
Privatization Pros
- The owner of the garage building will be able to safely sell, donate, rent, exchange, or inherit his property.
- In the event that the building will have to be demolished at the request of the authorities, then the owner of the garage will be paid monetary compensation for real estate.
Cons of a privatized garage
- As soon as a citizen receives a document of ownership, he automatically becomes a taxpayer and is obliged to pay tax.
- Annual tax payment. Moreover, since 2015, the tax on land under the garage building and the tax on the garage itself are combined into a single property tax.
- In case of untimely payment of tax, the owner of the garage is in trouble. It is no secret that the tax authorities began to actively fight with non-payers. In case of non-payment of the tax fee, the owner of the garage can become a traveller, pay a huge amount of fines and fines, and even go to jail.
- The privatization of the garage building entails additional costs. In the future, the owner of the garage will need to draw up the property and the land under it.
Output
Today, many car owners actually dispose of their garage construction, without documents confirming their ownership. Since 2006, the law of the Russian Federation allows the actual owner of the garage to become the legal owner of this property.
It is worth noting that the privatization process is long and very laborious. Many citizens do not understand the intricacies of Russian law, so this procedure is best entrusted to specialists. Experienced lawyers can not only help with the collection of documentation, but also perform all the work on their own. For this, a citizen only has to issue a notarized power of attorney for the right to conduct business with his representative.
The pros and cons of a privatized garage are listed above, so the owner has the right to decide whether or not to draw up ownership of his garage building and the land under it.