The very concept of “privatization of a garage” from a legal point of view is incorrect. With regard to garages, as, indeed, and all real estate, it would be correct to talk about the registration of the garage in ownership.
At the same time, even in documents issued by state and municipal authorities, it is precisely the term “privatization” that is used, therefore, contrary to legal norms, we will use it in the text of this article.
If you have not yet received a certificate of state registration of ownership of the garage issued by the registration chamber, then you are not an owner, but a shareholder.
Why privatize a garage
It is necessary to privatize the garage, because if it is not in your ownership, then given that the land on which it stands belongs to the city, the city authorities may need to demolish this garage. In case of demolition, you, in turn, can count on the payment of negligible compensation.
This situation, alas, is quite acute in all cities in connection with the increasing housing construction, the expansion of obsolete highways, the construction of new highways or interchanges. Given this, the city may have a need to seize land plots on which garages are located and, accordingly, to dismantle the garages themselves..
In this regard, in order to avoid the seizure of the garage for a song, it is advisable to privatize it.
There is one more reason, according to which registration of the garage in the property is necessary. In particular, if your garage is not privatized, that is, it is not registered as your property, you are deprived of transferring this ownership right to anyone else. A garage that is not privatized cannot be sold, donated, mortgaged, or inherited. Actually, all transactions on the alienation of this real estate are excluded for him, and all contracts of sale, donation, exchange and mentioning it in the will will be considered invalid.
The most you can count on is to re-register your garage in GSK to another person. At the same time, the cost of a non-privatized garage with such a re-registration will be significantly lower than if you transfer the ownership of it to another person under an official contract of sale. It will be completely different money.
Want to buy a garage
Continuing the above.
For those who plan to purchase a garage, you should know that a garage, as such, can only be called what is part of the Garage-building cooperative, and not be part of a variety of not officially formalized amateur formations. Also, a privatized garage should not be part of the Auto Parking Cooperative or under the jurisdiction of the Moscow City Union of Motorists and the like. Because exclusively in the structure of GSK it is assumed the presence of real estate objects and, as a result, the possibility of their privatization.
All other forms from a legal point of view are nothing more than parking lots. Regardless of what is built there, all this, including land, is in municipal ownership and it is only used, but not owned, by individuals, or groups of people, organized in some way, on a lease basis.
This is a lease agreement, which, among other things, as a rule, is not renewed within the prescribed period, because everyone forgets about it, it can be terminated by the local Administration at any time, or this site can be put up for auction, for the right to conclude a lease agreement this piece of land. In other words, if a group of citizens, which is based with their garages on a given plot of land, does not win this auction, then a new tenant will come and begin to put their own order there..
Therefore, the purchase of such garages, which in reality are not garages at all, but parking spaces, is a risky business, because it turns out that you buy only the building itself, and the land under it remains state or municipal. And if the authorities need to return it or sell it to someone else, you will have to either drag your garage somewhere, or wait for an excavator to come and take it down at public expense..
Documents for the privatization of the garage
Let’s make a reservation right away. Here we will talk about the privatization of garages belonging to Garage-building cooperatives. The issue of registration of parking spaces in parking lots unregistered as GSK, as well as all kinds of structures in these parking lots, will be considered in another article, because this is a completely different procedure..
For the privatization of a garage, that is, for registration of ownership of it, the following documents are required:
- Certificate from a garage or garage-building cooperative about your membership in the cooperative.
- A certificate from GSK about the payment of your share contribution when joining the cooperative (this document is signed by the chairman of the GSK, the chief accountant of the cooperative and certified by the seal of the cooperative). You will also need a copy of this document, certified in accordance with the established procedure.
- BTI certificate for persons whose rights were previously registered with BTI.
- State Commission act on acceptance into operation of GSK, approved by the local Administration.
- Your passport and its photocopy.
- Certificate of registration of GSK by the Registration Chamber or the Decision of the Executive Committee of the Council of People’s Deputies on the establishment of GSK, if it is old.
- GSK Charter.
- Document on the assignment of GSK TIN (Individual Taxpayer Number).
- Extract from the Unified State Register of Legal Entities (EGRYuL) for housing cooperatives.
- An inventory of the general property of GSK, signed by the Chairman of the GSK, the Chief Accountant, and certified by the seal of the GSK.
- The floor plan of the garage, drawn up by the BTI, with the indicated markings of parking spaces and their numbers, signed by the Chairman of the State Insurance Company and certified by the seal of the State Insurance Company.
- Lease agreement for a plot of land or permission for the production of land acquisition for the construction of garages.
Such a lot of documents will be required only if any of the members of the cooperative does not have registered property rights on the basis of a certificate of the paid share, that is, someone did not privatize his garage alone.
If, however, all members of the GSK decided to privatize their garages at once, and the GSK itself is also registered and everything is in order with the land acquisition, then the package of documents for each individual member of the GSK will be limited to only the first three from the above list, plus a photocopy of the passport.
A state fee is charged for registering ownership of the garage, the amount of which should be found out at the Companies House, as it changes from time to time. There you will also find the details for making a payment.
All collected documents are submitted to the local Office of the Federal Registration Service, which, after reviewing them, will issue a certificate of state registration of your rights to the garage. In other words, this is the end of the procedure for its privatization..