Garage and land under it: registration of ownership and privatization

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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 registration of garages in 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 this designation is legally incorrect, since privatization is the transfer of state or municipal property to private ownership. 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 unit accumulation who have fully paid a share contribution for the garage provided to them by the cooperative acquire ownership of the property). Agree, the privatization of your 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 book of a member of the cooperative. Following the logic of the above norm 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 ownership and use, but not disposal. That is, without a certificate of ownership of the garage, you cannot sell, exchange, etc. this property. It should be noted that when the garage is alienated (changing its owner), the right of membership in the cooperative passes to the new owner along with the real estate.

How to register ownership of a garage (register a garage in ownership)

  1. We turn to the chairman of the garage cooperative (GK) for a certificate with a link to the decision of the local government to register your GK.
  2. 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.
  3. 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 garage cooperatives received land for the construction of garages on the basis of the right of perpetual, that is, permanent use, so the ownership of them remains with the state (local authorities). To become the owner of such a land plot, it must be privatized (to be precise, redeemed from municipal or state property).

The Land Code of the Russian Federation establishes the exclusive right of a garage owner to privatize a plot of land under this property. The cost of privatization is established by regional legislation and depends on the location of the site, but in any case it cannot exceed its cadastral value. It is worth noting that you will be able to purchase a land plot only if your garage is a separate building with a separate entrance, foundation, etc..

If you own a garage box in a single property complex, then the land plot under such a complex is indivisible (the decision on divisibility / indivisibility is made by the local authorities of land relations and architecture), and you can only acquire a share in the right of common shared ownership of the entire land under the garages of the cooperative. In addition, for such an indivisible plot, you can conclude a lease agreement with a plurality of persons on the side of the tenant. The decision to buy out or lease such a land plot is made at the general meeting of the members of the cooperative. In order to redeem the land under the garages into common ownership, it is necessary that the ownership of all members of the cooperative to the garages is properly formalized.

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

  1. We are applying 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. We attach to the application the documents that provide for 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:
  1. copy of your passport;
  2. a copy of the document certifying the rights of the representative, if the application is submitted by a representative;
  3. certificate of ownership of the garage (extract from the USRR);
  4. an extract from the Unified State Register of Legal Entities on the rights to the acquired land plot (in most cases, this is the right of the cooperative to an 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);
  5. the 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 documents of title to the land plot – for such documents we contact the chairman of the cooperative;
  6. a copy of the document on the right of unlimited use of the land plot or on the lease right (these are the documents of title to the land specified in clause “e”).
  1. Within a month, the local administration considers the application and makes a decision on the provision of a plot of ownership or lease.
  2. Within a month after the decision is made, the local administration prepares a draft contract of sale or lease, which it sends to you with a proposal to conclude a corresponding contract..
  3. After the conclusion of the contract, the transfer of ownership must be registered in the prescribed manner. After completing this procedure, you become the happy owner of a plot of land under the garage or a share in the common property of members of the cooperative.
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