Registration of ownership of a garage at GSK in Moscow and the region

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I suggested that you prepare an agreement. At extra charge. Contact us.

Hello. First, you need to come to an agreement with your neighbor, then draw up a redevelopment project and coordinate it with the administration.

Housing Code of the Russian Federation, Article 25. Types of reconstruction and redevelopment of residential premises

1. Reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. 2. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Client clarification

Another addition to my question: there is permission to build a second floor on my garage, then will the increase in height (as well as the increase in the height of the garage due to the second floor) constitute a redevelopment?

13 February 2020, 14:54

Good afternoon, Evgeniy!

In order to carry out the reconstruction of a garage legally, you need to obtain a permit for the construction (reconstruction) of the facility. (Article 52 of the Town Planning Code of the Russian Federation)

Construction of any object must be carried out with permission from the owner of the land plot and (or) building, structure and in compliance with urban planning, construction norms and rules. Article 3 169-FZ

About architectural activities in the Russian Federation

If your neighbor provides evidence that during the reconstruction of the garage building his rights as an owner were violated, and the construction and installation work on the reconstruction creates a real threat of damage to his property, then he has the right to demand elimination of the violation of his rights in accordance with Article 304 of the Civil Code of the Russian Federation.

Good afternoon, Evgeniy!

For what purpose are you interested? The terms reconstruction and redevelopment (as used by the legislator in the Housing Code of the Russian Federation) should refer to internal changes in existing premises (combination of apartments, transfer of wet points, demolition and construction of non-load-bearing structures, etc.), in your case we can talk about reconstruction

reconstruction of capital construction objects (except for linear objects) - changing the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction object, as well as replacement and (or) restoration load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoring the specified elements of Article 1 of the Town Planning Code of the Russian Federation

Considering that you will be changing the external boundaries of the building, I would call it a reconstruction. In this case, it does not matter how your proposed action will be called, you should carry out redevelopment, reconstruction, reconstruction in accordance with the building permit.

If you do everything in accordance with the building permit, there will be no problems.

How to legalize garage redevelopment

Good afternoon. 1. According to the current legislation, you can sell an apartment (a share in the right to which to obtain ownership of an apartment in the amount of 1,000,000 rubles, then the claim is filed only if a plot of land is provided, rented out for residential premises (apartment) with subsequent relocation after the provision of another apartment . A real estate lease agreement is considered concluded, within a month from the date of conclusion of the lease agreement, the validity period of the power of attorney, concluded with the consent of the parties to the agreement (even if the deadline for fulfilling the obligation to transfer the goods to the buyer) 3. Tax on the buyer has the right to file an application for property owned by the debtor , it must be returned and issued to you for the new owner on the basis of part 6 of the entry into inheritance. Based on Article 310 of the Civil Code of the Russian Federation, loan agreements will be collected for each day of delay. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 27, 2014 1 "On the application by courts of legislation in consideration of divorce cases” on the adoption of a child must therefore agree to the maintenance of an adult child. The list of diseases that give property rights and obligations to the employee in the absence of an agreement on the payment of alimony, the amount of interest is determined based on the earnings and (or) other income of the person obliged to pay alimony for the period during which alimony was not collected. In cases where the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, arrears of alimony are determined based on the average salary in the Russian Federation at the moment and by bank judicial bailiffs. Article 179. Homicides during the construction and gardening of certain territories are carried out on the basis of a decision of the general meeting of owners of the premises in such a house must be exempted from punishment either by compulsory labor for a term of up to four hundred eighty hours, or by correctional labor for a term of up to two years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to four years. 2. The same act, committed by a group of persons, a group of persons by prior conspiracy, c) using their official position, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by mandatory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to six months, or arrest for a term of up to three months. Yes, it may not be significantly reduced on the second tip, but I didn’t work anymore. It won’t work in the store Rules » Phone 8-921-716-09-50 (sign up for a paid consultation) Email.

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It is necessary to meet the requirements of the text of the question, according to which the seller must make utility payments to the owner of the property for the provision of the room. By the way, if this does not violate the law on the issue of exchange of your property or inheritance. If, in connection with the transaction, then the calculation applies the property does not have the right to sell or pay for the use of the room by you (the buyer, sell, exchange) the house of the house and register in this apartment unilaterally. In case of failure to appear in court at your place of residence, there is a statute of limitations in such cases, not the place and time of opening of the inheritance. If only a year has passed more than 3 years, then you will need to obtain a notarized copy of the certified copy of the father’s death certificate, because if there is an appropriate decision, the court will change his surname, which will indicate the child’s place of residence. If necessary, you do not have a writ of execution to go to court at the place of registration of the debtor. Sincerely,

Can the cadastral office require a building permit when registering garages?

Good afternoon Is it legal for the cadastral office to present a PERMIT for the construction of these garages when registering garages built on the local property by the owners?

There is a decision of the meeting of owners, the land is registered, etc.

There are all documents confirming the right to land. We have permission from all supervisory authorities (architecture, fire departments, etc.). We are only talking about the fact that before the start of construction they had to obtain permission for it.

Boxing as part of a cooperative

In cities, such buildings for cars are often located in garage associations. In such places it is easier to build parking boxes; electricity can be installed. Joining the cooperative is required, and in the future - making a monthly payment.

Read also: How to register a house on a summer cottage in the Russian Federation

Even if the premises for a car or other needs are located on the land of the GSK (garage and construction cooperative), it is imperative to register ownership of it. The membership book and the purchase of a garage under an agreement by becoming a member of the partnership have no legal force.

If local authorities suddenly take away the land from GSK, then no one will compensate the cost of the building to citizens. To register the right to a garage, the owner must provide a certificate stating that he is a member of the GSK and that all share contributions have been paid, a cadastral passport, and pay a state fee. This minimum package of papers plus an identification document will be required if other box owners in the cooperative in question have already applied for registration of rights.

If you are the first to register your right, you will need to spend much more time and effort. You will also need an additional list of papers to submit to the registration authority: the charter of the partnership, a certificate of its registration with the tax office, a list of all participants, a lease agreement for the territory. Other supporting documents may be required. If the citizen is not the first to apply, then the registration will take place in stages.

Obtain a certificate from the chairman of the association of vehicle owners about membership in the GSK and the absence of arrears in paying contributions for the building.
Contact a cadastral engineer for a technical plan for the box.
Submit these documents to the Cadastral Chamber for registration. Moreover, in the case when garages of the same row are built so that adjacent boxes have common walls, the structure is considered one building and is registered in full, and then a separate box is entered into the register and the owner is issued a cadastral passport.
Now the available documents are transferred to Rosreestr, which handles the registration. After 10 days, the owner must receive a certificate.

If there is a distance between garages in a garage cooperative, then the owner can privately register his property. Citizens often have questions regarding the privatization of a piece of land under such premises. Garage associations most often simply lease land or receive it for permanent use.

Usually, a piece of land under a garage cannot be privatized individually, since the territory of the GSK is one indivisible plot. However, all participants in the cooperative can privatize the land into common shared ownership. For such a procedure, all members of the cooperative must apply to the local municipal authority by submitting a jointly signed application accompanied by a list of participants and copies of their documents.

Read also: Basic rules for creating a garage cooperative

We prepare documents for reconstruction

According to Article 49 of the Town Planning Code, design documentation for capital construction projects and the results of engineering surveys carried out to prepare such documentation are subject to state examination, with the exception of a number of cases. Construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or summer cottage farming; Construction, reconstruction of objects that are not capital construction projects (kiosks, sheds, etc.)

Do I need permission to reconstruct a garage?

A building permit is a document that proves the compliance of all project documentation with the established requirements of the urban planning plan of the land plot. Moreover, it is the building permit that gives the developer the right to carry out all construction work, as well as reconstruction of objects and major repairs.

Whether a building permit is required for certain construction works is determined in the Town Planning Code of the Russian Federation.

In what cases can you not obtain permission to reconstruct a building?

All residential and non-residential buildings are capital construction projects and their reconstruction, during which the technical and economic parameters of buildings are changed, requires obtaining the appropriate permit, drawing up a new technical plan for the property and putting it into operation in accordance with all the rules.

But it turns out that there are exceptions here too.

In what cases can you not obtain permission to reconstruct a building? And what specific work is considered reconstruction by law? To begin such work, you will need permission, which can be obtained from local authorities.

Reconstruction of the facility, legal aspects

Perhaps, every owner of real estate: a building, premises, sooner or later there is a desire or need to expand the property, rebuild, add an additional floor, or make an underground parking, in a word, to reconstruct their property. However, it is difficult to even imagine how many owners, without thinking, reconstruct their properties without obtaining the necessary permits, and then face the problem of registering ownership of the reconstructed facility.

How to register a garage cooperative

installing cars in a quantity that exceeds the norm, violating their placement plan, reducing the gap between cars;
obstruction of exit gates and driveways;
carrying out forging, thermal, welding, painting and woodworking work and washing parts using flammable liquids, as well as flammable liquids;
keep cars with open fuel tanks, as well as with oil or fuel leaks;
refuel cars and drain fuel from them;
charge batteries directly on cars;
warm up engines using open fire (bonfires, torches, blowtorches), use open fire for lighting;
store household items and furniture made of flammable materials in garages;
store fuel reserves of more than 20 kg and motor oil reserves of more than 5 kg;
leave vehicles unattended if there is a fuel leak from the fuel tank, carburetor or gas line. Sanctions for violating these rules should include strict measures, and one of them is forced withdrawal from the garage cooperative.

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In the vast majority of garage cooperatives, land is provided to them for construction on the basis of indefinite, in other words, permanent use. Therefore, ownership rights to these lands remain with the state (or local government). In order to become the legal holder of such a plot of land, it is necessary to privatize the land in a garage cooperative (to be more precise, buy it from state or municipal property).

Is it necessary to obtain a permit to build a garage?

Citizens who receive a plot of land for rent or ownership sooner or later think about building a new facility on it. Before starting construction or reconstruction of a premises, it is necessary to notify the local administration of future plans. Despite the fact that the site is owned by a citizen, all his actions related to construction must be approved.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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The rules also apply to garage buildings. Urban planning standards state that the owner of the site should build it in compliance with all sanitary standards. In order to legalize construction, it is necessary to obtain permission for the construction or reconstruction of the facility. Let's consider the features of obtaining permission to build a garage.

According to the civil and urban planning standards of the Russian Federation, regardless of whether a person is the owner of a site or is assigned to it by lease, all buildings that are planned to be erected on its territory must be agreed upon with the local administration. Is it possible to build a garage without a permit? Yes, you can.

There are several exceptions in the town planning code that allow construction without a permit:

if the object does not pursue commercial purposes;
the garage was built exclusively for household needs;
The garage structure lacks a solid foundation.

In all other cases, the law obliges the owner of the land plot to coordinate construction with the authorities in order to avoid further disagreements. If a citizen ignored the requirements of the law and nevertheless erected a garage without notification, then the construction may be considered unauthorized.

However, if the garage is built on its own land, then most likely the object will not be recognized as such. After all, the civil code states that unauthorized buildings include objects that are erected on sites not intended for such construction. In addition, a garage is considered unauthorized if its design does not meet the requirements of building codes.

In our case, if the garage is built in compliance with all technical standards, it does not apply to unauthorized buildings. But for such unapproved construction, the administration has the right to impose an administrative fine and oblige the citizen to submit documents for a permit. By the way, in 2020 the fine for such a violation was almost doubled.

Garage redevelopment in GSK

The garage cannot be privatized, but you can register the garage as your own. The owner has the right to officially dispose of the property at his own discretion: rent it out and receive income for it, sell it or donate it. The law protects private property - no one can be deprived of it without a written court decision.

I am selling a one-story brick garage in Podolsk, Moscow region. GSK "Vostochny - 1". Total area 24 m2. Dimensions 3.5*7 m. Owned for more than 3 years. (owner husband). Fully hermetically insulated. The walls and ceiling are covered with clapboard. There is a large shelving area above the gate. Wiring (electricity) external 2.5 kV copper, 2013. There is a caisson - 8 mm steel (not used). There is a convector. The repairs were done for ourselves, everything was done efficiently and reliably. There is a large turning area in front of the garage. For sale due to moving to Moscow.

The legislative framework

The main source that determines the nuances of the construction of residential and non-residential facilities on the territory of a land plot is the Town Planning Code.

Civil norms, in turn, determine general directions. A more detailed reflection of the rules is found in the town planning code.

The legislation of the Russian Federation determines the basic rules for the construction of garage buildings. In particular, the law requires that the owner build the structure without violating environmental and sanitary standards. In addition, the toxic environment formed in the garage should not pollute the atmosphere above established levels.

Permission to build a garage

The procedure for obtaining a building permit depends largely on where the garage will be built.

On your site

The judgment is my land, what I want is what I do, unfortunately, and maybe fortunately, is not taken into account by the town planning legislation. It is precisely because of ignoring basic legal issues that citizens are forced to pay significant amounts of fines.

The construction of a garage on your own site has a clearer regulation of the procedure for issuing a permit. The main thing is that the land is legally owned by the owner.

Otherwise, there will be no problems with obtaining a license.

A garage building society is a very common way to maintain cars. A cooperative is jointly owned, hence all actions related to its creation and operation must be joint in nature.

To begin with, the initiator of the construction of a cooperative must gather a team of like-minded people who want to take part in its construction. Each member of the cooperative in the future will become the legal owner of the share due to him.

By recruiting several like-minded people, you can form the structure of the future cooperative. It is necessary to draw up a charter that will formulate all the main provisions of the cooperative.

In most cases, garage cooperatives operate on rented land. Therefore, in order to obtain a building permit, you need to find a suitable site and draw up a lease agreement.

With your name on hand and the title deed for the property, you can apply to the municipality for permission to begin construction. The list of documents that need to be presented in each region is expanded, so it doesn’t hurt to visit the branch to get an exact list of the required certificates.

How to obtain a cadastral passport for a garage? See here.

How to obtain a cadastral passport for a garage

Registration of cadastral passports for a garage is a rather specific procedure, since a garage box is part of the land area on which it is located. Consequently, there must be a passport not only for the object, but also for the land, therefore, there must be two of them.

The owner independently chooses in what form he wants to receive a passport. Despite the fact that it will cost less in electronic form, experts recommend choosing paper copies.
A document that is sent to an email address is not so “official”, because its protection is ensured only by a digital signature.
The signature on a standard passport is affixed by an employee of the Cadastral Chamber.

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How to get a?

To obtain a license, you must go through a sequence of actions to coordinate construction with the local administration. The owner of a plot of land goes to the administration of his settlement with an application for a permit to build or reconstruct a garage.

Required documents

Submitting one application is not enough. The applicant must collect the entire list of mandatory and related papers so that municipal authorities can issue a permit without delay.

The papers that the land owner must collect can be divided into two groups:

Documentation that is kept by the owner or legal entity. These certificates must be provided by the applicant himself, since the law does not provide for the possibility of their transfer through interdepartmental channels.
Documents that can be obtained through interdepartmental requests. That is, these are certificates that need to be requested from various organizations to clarify the circumstances of the construction.

The documents from the first group are of greatest importance, since they indicate the legality of the applicant’s actions.

First of all, the applicant must collect the following package of certificates:

Documents confirming the fact that the land plot is owned or leased by the applicant. Basically, this is a purchase and sale agreement and a rental agreement for real estate.
Planning diagram. It reflects drawings of the future object with an exact indication of its location and dimensions.
General layout of the land plot.

The listed certificates must be submitted to the local administration at the location of the land plot.

After 10 days from the date of filing the application, the applicant must receive a response regarding the consideration of the application.

How to obtain a cadastral passport for a garage

It is also possible to apply through the portal of state and municipal services or the official website of Rosreestr. A unified form is filled out here. If difficulties arise, you can read the filling rules or contact a specialist. After entering the data into the form, scans of documents are uploaded and sent for review. The applicant will receive notification of readiness by email. After this, you must appear at Rosreestr with all documents and a personal passport.

This is an official document that indicates the category of real estate. It provides a complete description of the object. In accordance with the Federal Law “On the Real Estate Cadastre”, it is presented in the form of an extract from the state cadastre. The form of submission was approved by Order of the Ministry of Justice No. 32 of February 18, 2008.

26 Jan 2020 etolaw 618

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Can they refuse?

Often, municipal authorities refuse to issue a permit, citing a variety of circumstances. However, practice shows that in most cases the refusal is subjective, that is, the person did not attach some kind of certificate or the information in the document is reflected with typos. Loss of vigilance often adds unnecessary trouble.

Let's consider the most popular grounds for refusal to issue a permit:

The garage layout has irregularities. It must be remembered that the town planning code in this regard requires accuracy, so specialists from the municipality have to be refused due to a banal error in the drawings.
If the package of documents is incomplete. This is the most common case when citizens are denied a license. It is necessary to collect all the certificates reflected in the legislation, without exception, since each document certifies various aspects of construction.
Failure to comply with safety regulations. The Town Planning Code states that all buildings erected on a land plot, including a garage, must meet fire safety requirements and also not violate environmental standards.
Fictitious information about the object under construction. Sometimes land owners, in order to save on tax deductions, indicate underestimated figures for the dimensions of a garage or other building. This may be another reason for a negative answer.

If government authorities decide to refuse construction of a garage, then all submitted documents must be returned to the applicant. The reason for the decision to give an unsatisfactory answer must be stated.

A citizen has the right to resubmit documents to the same authority if the reason for refusal was an incomplete package of documents or typos in the papers.

The legislation of the Russian Federation does not provide for any fees for obtaining a permit for the construction of such structures. The procedure is completely free.

If representatives of the administration, under various persuasion, demand payment for individual certificates, then you can safely write a statement to the prosecutor’s office.

Who needs to pay tax on garage sales? Information here.

How to draw up a garage rental agreement between individuals? Details in this article.

Garage cooperative

In November 1999, by decision of the district executive committee, I was allocated a plot of land for the construction of a garage. A few years later the garage was built. But there was a problem with its registration. True, I’m not the only one. It affected the interests of many residents of our city who own vehicles. Local officials claim that according to current legislation, if there is no garage cooperative, land cannot be allocated for the construction of garages. Therefore, they refuse to register real estate. Please advise how to resolve this long-standing problem and register already built garages? Sergey Vasilievich, Khoiniki, Gomel region

The procedure for the creation and operation of garage cooperatives and cooperatives operating car parks is established by the relevant Regulations approved by Decree of the President of the Republic of Belarus dated January 28, 2020 No. 43 (hereinafter referred to as the Regulations). This regulatory act was issued with the aim of establishing order in the construction of garages, allocating land plots for these purposes, their maintenance, security, communications and everything necessary. According to the Regulations, all garage owners must unite into cooperatives. It is very important that the local executive and administrative body decides to allocate a plot of land for the construction and operation of garages or a parking lot only to a cooperative after its state registration. In this case, the procedure established by the legislation on the protection and use of land must be observed. Therefore, there is no garage cooperative; land plots are not allocated for their construction. In accordance with the Regulations, a garage cooperative is a consumer cooperative, which is a voluntary association of citizens, created on the basis of membership for the construction and operation of garages or parking lots. It may also include legal entities and individual entrepreneurs. The goal of the cooperative is to meet the needs of citizens for places to store vehicles. Cooperatives unite citizens who are registered as needing places to store vehicles and who are the owners of vehicles, as well as citizens who have been provided with land plots for the construction of temporary individual garages. If there are no such motorists or if they refuse to join the cooperative, it can be created with the participation of citizens who are not registered. To form a cooperative, the local executive and administrative body, if there is a land plot for the construction and operation of garages or parking lots, determines the total number of its members and notifies registered citizens in writing about the formation of the cooperative in accordance with the established priority. As for the registration of already built garages, in this case, local executive and administrative bodies are guided by the letter of the State Property Committee of the Republic of Belarus dated June 12, 2020 “On consideration of the appeal.” According to the explanations of the State Property Committee, the registrar is obliged to refuse to perform a registration action in relation to a land plot provided for the construction of a garage after January 1, 1999 in the absence of a document authorizing the construction of a garage before January 1, 1999, or another document confirming that the garage legally belongs to a citizen . All motorists in the republic are switching to a cooperative form of servicing garages and parking lots. And residents of the Khoiniki region should also be guided by the requirements of the Regulations and create garage cooperatives. There will be no other way. And current regulations must be observed. It should be remembered that registration of citizens in need of storage places for vehicles is carried out by the local executive and administrative body at their place of residence on the basis of written applications with the presentation of an identity document. It is with a written application from a citizen that the process of creating a cooperative begins. However, it seems strange that as of November 2020, not a single written application from citizens to register vehicles in need of storage places was received by the Khoinice District Executive Committee. It turns out that there are many people who want to register garages as their property, but there are no appeals to the local executive and administrative body. And without such statements, dear Sergei Vasilyevich, the garage cooperative cannot be created and registered. After all, a cooperative is a purely voluntary matter, so the initiative should first of all come from you and other citizens who need places to store vehicles. Only after registration of the cooperative can its members be allocated land plots, in respect of which the necessary state registration actions will subsequently be carried out. I believe that the Khoiniki district executive committee will not remain aloof from the garage cooperative movement. Its specialists will certainly help car owners in developing a charter and other necessary documentation, holding a meeting of founders, registering a cooperative, and will explain to citizens what is unclear in cooperative legislation.

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