How to register a garage in a garage cooperative as your property: how to privatize it, how much it costs and is it necessary at all, how is registration carried out, how to register, a statement of claim for the right to own it

Design features

No procedure should be completed without a preliminary discussion of its features.

The fact is that the garage, which is located in the cooperative, must meet certain conditions in order to be able to participate in the procedure for appropriating ownership.

Thus, a plot of land on which a building is located, which is called a garage, and is located in a garage cooperative (Article 116 of the Civil Code of Russia), can be registered as ownership almost free of charge, if the following nuances are present. A cooperative garage can be classified as an illegal construction in accordance with Article 222 of the Civil Code of Russia.

By the way, the activities of the cooperative are regulated by the law on consumer cooperation of May 26, 1988.

So, your garage, or rather the land plot under it, should be classified as individual housing construction, private household plots, garage construction, and also intended for gardening. Unfortunately, other categories of land cannot participate in such construction, and therefore in privatization in principle.
Privatization can take place if you have papers and documents that indicate that the person who owns this plot by right of ownership or lifelong ownership has papers that prove this fact.

Should it be privatized?

Is it necessary to privatize the garage at all? Yes, and here's why. The territory on which the garage is located is usually owned by the state or local government, that is, it is municipal property.

As for the cooperative itself, it also owns this land, but has the right to use it under a lease or disposal agreement, and is still not the owner.

This means that in order to become the owner of a garage, you first need to register ownership of the land under the garage, and then buy it from the state.

The main feature of this type of registration of a land plot is the fact that the plot cannot be privatized into absolute personal ownership of the person who owns the garage. This is due to the fact that the land plot under the garage is indivisible, that is, it cannot be divided into parts, in one form or another.

Owners of garages who are in a direct cooperative can carry out the procedure for privatization of the land plot on which the buildings are located, but only on the condition that common shared ownership is registered.

IMPORTANT: That is, we can conclude that if you want to privatize the land under one garage alone, then you will not be able to carry out this action alone.

Now, in order to register as common shared ownership, important conditions must be met. These include the presence of a certain formalized right to ownership of the garage.

Unfortunately, only the legal owners of such buildings have the right to register a land plot as shared ownership. If the plot was once transferred to the cooperative on the right of use, on a permanent basis, and this was done earlier than October 30, 2001, then the transfer of ownership of the land can be carried out free of charge.

If later, then in this situation a redemption price is assigned for it.

Further, after this condition is met, all owners can cooperate by submitting an application, which was drawn up by them jointly, to the municipal authorities.

As a rule, it is the municipality that deals with all property issues related to this situation.

As for collecting the package of documents, in this situation it is necessary to attach papers that confirm the status that the cooperative has all rights to the land.

IMPORTANT: It is necessary to provide a list of persons who want to privatize the land plot, copies of passports, as well as a standard certificate of ownership as property.

Registration of garage ownership

Yulia Morozova
15.03.2013

garage

Land owners

271 comments

Order a technical plan for the garage Tyumen 98-59-77

This article will discuss the topic “Registration of a garage as a property .

How can you register a garage as your property if you do not have any title documents for the garage, but you have been using it as the owner for 15 years or more? How to register a garage if you are a member of a garage cooperative? How to register ownership of the land under the garage? You will find answers to all these and some other questions in this article.

So, you’re probably wondering: “Why should I even register a garage as my property?” Well, the most important thing why you need to do this is the opportunity to subsequently sell, bequeath or donate the garage after registration. Without a certificate of state registration of ownership of the garage, you will not be able to make any transactions.

Then another question may arise: “Why should I register a garage if I’m not going to sell it?” If you have a garage, but there is no permission to build a garage, and there are also no documents for the land under the garage, then this piece of land may be confiscated from you in favor of the administration , if an inspection comes, and they will also force you to remove the garage from this place, they will write you fine for unauthorized construction. In this case, you will no longer have time to register your garage as your property, since this is a rather lengthy procedure. Thus, you will lose your garage.

I encourage you to treat your property with care! Complete it in a timely manner in accordance with current legislation, otherwise one day you may lose it.

According to Article 218 of the Civil Code of the Russian Federation, if the garage is cooperative, and you have paid a full share for it, then you are the owner of this garage.

So, the registration process :

contact the chairman of the cooperative for a certificate confirming your membership in the garage cooperative and payment of the share
make a copy of the certificate (lease agreement) for the land allocated to the garage cooperative
contact a cadastral engineer with an application to draw up a technical plan for the garage
with the technical plan, go to Rosreestr (cadastral chamber) and receive a cadastral passport for the garage
with a cadastral passport, go to the registration chamber and receive a certificate for a garage

But there are some nuances here.

If your garage is part of a line of garages , that is, it has adjacent garages with which you have common walls, then this line of garages is considered a building, and your garage is considered a room in it.

That is, you will receive a cadastral passport of the premises (box/garage). And it is possible to register such a premises with the cadastral register only on the condition that such a building (line of garages) is already registered . Or you can do this at the same time - register the building and the premises (your garage).

To prepare a technical plan for the building, the following documents will be required:

design documentation of the building and permission to put the building into operation
a technical passport of the building produced before January 1, 2013
or, if in cases provided for by legislation in the field of urban planning, the production or acceptance of project documentation and permission to put the building into operation is not required, a declaration

To prepare a technical plan for the premises (garage), the following documents will be required:

design documentation of the building or structure and permission to put the building or structure in which the premises are located into operation
a technical passport of the building or structure in which the premises are located, produced before January 1, 2013
a technical passport of the premises produced before January 1, 2013
or, if in cases provided for by legislation in the field of urban planning, the production or acceptance of design documentation and permission to commission the building or structure in which the premises are located is not required, a declaration

If your garage is located in a garage cooperative and does not have adjacent walls to other garages, then your garage will be considered a building. This case is more rare.

As a result, you will receive a cadastral passport of the building, and then a certificate of state registration of the right to the garage as a building. But in this situation, the technical plan will require the documents necessary to prepare the technical plan of the building.

If you have a detached garage that is not part of a garage-building cooperative, then you must have a document on hand for the land plot under the garage (a land lease agreement or a certificate of state registration of land ownership). Having such a document in hand, you can contact a cadastral engineer to prepare a technical plan for the garage. Subsequently, the technical plan is submitted to the cadastral chamber for consideration, and a cadastral passport for the garage is issued. With a cadastral passport and a document for a land plot, you can register ownership of the garage.

If you do not have a document on the provision of a land plot under a garage, then you first need to contact the local administration with an application for the provision of land for rent or ownership.

The land under the garage is a very valuable thing. If you have in your hands a certificate for a garage + a certificate for the land plot under the garage, then no one will, under any circumstances, take your motorhome away from you. Your garage will be fully protected by law.

According to Article 39.20 of the Land Code, the owner of the garage has the right to purchase the land plot under the garage from state or municipal property.

Unless otherwise established by this article or another federal law, citizens and legal entities who are the owners of buildings and structures located on such land plots have the exclusive right to acquire land plots for ownership or lease.

You will have to go through the procedure of registering the land plot under the garage with the state cadastral register.

When concluding a contract for the sale and purchase of a land plot located in state or municipal ownership, without holding an auction the price of such a land plot cannot exceed its cadastral value or another amount of the price of the land plot, if established by federal law.

If the land plot is provided through an auction:

The starting price of the auction item for the sale of a land plot is, at the choice of the authorized body, the market value of such a land plot , determined in accordance with the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter referred to as the Federal Law “On Valuation activities in the Russian Federation"), or the cadastral value of such a land plot , if the results of the state cadastral valuation are approved no earlier than five years before the date of the decision to hold the auction.

Together with the local government body, a land purchase and sale agreement will be drawn up, with which you need to go to Rosreestr and register ownership of the land plot.

If you are the owner of a garage in a cooperative , then the procedure is slightly different. The land under the cooperative's garages must be registered in its entirety. To do this, it is necessary that all owners of cooperative garages have in hand certificates for their garages, properly executed. Then there will be common ownership of the land plot under the garages.

In this article, we found out that registering a garage as your property is a completely solvable and necessary task. The issues of registration of garages, as well as land plots under garages, were considered. If you have questions or have something to add on the topic, write in the comments.

If you are interested in reading articles about real estate, subscribe to the news on the right side of the site.

Read other interesting articles:

New law on gardening from January 1, 2020

On July 29, 2020, Federal Law No. 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” was adopted. The law comes into force on January 1, 2020.

Changes to the Land Code from March 1, 2020

On March 1, 2020, changes made to the Land Code of the Russian Federation come into force (Federal Law of June 23, 2014 N 171-FZ “On Amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation”).

How to remove a land plot from cadastral registration?

Removal of a land plot from cadastral registration is a cadastral procedure accompanied by the cancellation of information about the land plot from the state real estate cadastre.

General procedure for privatization

Now let's get acquainted with step-by-step instructions on how to privatize a garage.

The first step is to contact the chairman who heads the garage cooperative. You need to receive a number of documents from him. For example, you need to become the owner of a certificate indicating that you are a member of the garage cooperative and have also made a share contribution.
The next step is the preparation and receipt of documents that confirm the status of the garage cooperative as a legal entity, as well as all the basic powers that apply to the official.
Now let's move on to the next stage. We contact a cadastral engineer and draw up a technical plan.
After the technical plan has been drawn up, you pay for the services of an engineer and must register the garage with the cadastral register. To do this, you need to contact the state body, which is the cadastral chamber.
There you provide the technical plan that you received for the garage, as well as the papers that you received from the chairman in the first point.
Unfortunately, Often at this stage problems appear that can somewhat reduce your zeal.
ATTENTION: In a situation where the garage is not a separate building, but is part of a common line of garages, then the entire number of buildings is one building. In this case, cadastral registration can be issued for all buildings at once, and not for a separate object.
Therefore, you will have to negotiate with other owners of buildings so that they also participate in a similar procedure.
Let's move on to the next step, which is the final one. You need to collect documents and take them to Rosreestr. This way you can properly register your property rights.
When contacting this authority, you will need to complete the following papers:

registration application;
passport;
certificate of payment of share contribution;
cadastral passport;
technical documentation;
documents confirming your intentions.

As a rule, the document is drawn up within 10 days, and after this period you can become the full owner.

How to legalize a garage in a garage cooperative?

How to register ownership of a cooperative garage? The first step to legalizing a garage in a cooperative is to contact the chairman to obtain documents. The main document that the chairman is required to issue is a certificate confirming the full payment of the entire share, which contains the following information:

information about the copyright holder (last name, first name, patronymic);
description of the property (garage);
date, month and year of joining the cooperative;
the size of the entire share and a note on its payment (with the obligatory indication of the date).

Important! The certificate must have the signatures of all authorized officials (accountant, chairman) and be certified by the seal of the garage cooperative. Only in this case it is considered valid and will be accepted by Rosreestr.

If none of the other members of the cooperative have previously registered their garage as their property, a number of other documents will be required, which are kept by the chairman:

a document certifying the registration of the cooperative as an LLC;
documents that confirm the rights of the GSK to the land plot;
documents certifying the powers of all officials (chairman and accountant).

The next step is to contact a cadastral engineer, who will draw up a technical plan for the garage after taking all the actual measurements. Only after receiving this document can you contact Rosreestr to obtain a cadastral passport for the garage.

Important! If the garage is part of a line of buildings and has common walls with other garages, some problems may arise when contacting the cadastral chamber. In this case, registration with Rosreestr is possible only after the entire line of garages has been registered.

The final stage of registration is an application to Rosreestr to register ownership of a cooperative garage, to which a number of documents must be attached.

Preparation of documentation

Let's talk about what documents you should have in order to properly formalize privatization. It is very important to pay attention to the provision of papers.

Your package should include a copy of your passport, which confirms your identity too.
Also, this is a receipt for payment of state duty.
Attach the cadastral passport that you received for the garage.
Provide proof that you are a member of the garage cooperative.
In some situations, you may be asked to provide other documents. These include the charter.
It is necessary to add a certificate that indicates that the garage cooperative is registered as a legal entity.
Propose a list of members of the garage cooperative, as well as an order that appoints the chief accountant to his position.
The final stage is the provision of documents that confirm the right of the garage cooperative to the land plot.

Documents for a garage in a cooperative

To obtain a certificate of ownership, the owner of a cooperative garage will need the following documents:

passport (copy) of the owner of the property (cooperative garage);
a certificate confirming membership in the cooperative and the fact of payment of the full cost of the share;
cadastral passport;
copy of SNILS;
technical plan for the garage;
receipt of payment of state duty.

If the construction of a garage cooperative was carried out after January 1, 1995, documents will be required confirming the fact of the creation of this property.

How to apply and why

To the chairman

The chairman is approached for documents that indicate the rights of the cooperative to the land plot. Documents are received in the form of certificates.

In BTI

Contacting the BTI involves obtaining technical documentation for the land plot and the building itself.

To the Registration Chamber

Companies House is the final authority to which you will apply. This government agency will help you obtain a certificate in order to finally take ownership. Upon contacting this authority, you become the full owner of the land plot. And also the buildings on it.

How is property rights recognized through court?

In a situation where the garage is an unauthorized construction, it is necessary to resort to the procedure for recognition of ownership through the court.

In this situation, you act as a plaintiff and file a claim against the garage cooperative, with the goal of becoming the owner of the land plot and the building on it.

The court decision that is made in this case is binding. In order to make this or that decision, the court takes into account the documents you provide, as well as the nuances that occur specifically in this situation.

How to write a statement of claim?

The statement of claim is drawn up according to a clearly defined template.

Take an A4 form.
Please indicate the name of the court you are applying to.
Date and place of compilation.
Enter your passport details.
What is the essence of your claim?
Requirements.
List of attached papers.
Signature.

IMPORTANT: In this situation, you must register yourself as a plaintiff, and at the same time, provide information about the defendant. Next, you need to indicate information that testifies in your favor and so that you should become the owner of the land plot.

Be sure to list the attached documents in the statement of claim, put the date and your signature.

What documents are attached?

Now let's talk in detail about what documents need to be attached in order for the registration of a garage to be a successful property.

First of all, this is a document that proves your identity, as well as the state fee paid.

It is necessary to obtain documents from the chairman of the garage cooperative stating that you have made a share contribution.

Also, provide papers that indicate the registration of the cooperative as a legal entity, a cadastral passport, and technical documentation for the land plot and construction.

How to submit?

You must contact the district office that is closest to you. Also, the application along with direct copies of documents can be sent by mail.

Only you decide how to go to court, but we still recommend that you appear in person. In the court office, when filing in person, you can consult with a court employee about the correctness of the collected package of papers.

What is the difference between a building and a garage

A garage refers to a building that is used for parking a vehicle. By law, it can be personal or cooperative.

Regardless of the type of structure, cadastral registration is mandatory. Additionally, registration in the Unified State Register as real estate is required.

About the procedure

Despite the various situations that are directly related to garages, they are registered according to the same rules as any other real estate.

In order to obtain a certificate of ownership, you must contact the territorial representative office of Rosreestr and provide the established package of documents.

You can submit the required package of documents:

using MFC;
by generating a request through the official State Services portal.

The registration procedure is carried out within 10 calendar days.

Often, applicants have problems that are directly related to the lack of documents or their incorrect execution.

This is largely due to the fact that mass construction was carried out back in the 70-80s, and at that time such buildings were not subject to cadastral registration.

There were a lot of violations during the construction period, and documents were stored carelessly.

It is for these reasons that it is necessary to consider in detail the procedure for registering property rights in various situations.

The main regulatory document adopted:

Federal Law No. 218 - provides clarifications regarding the Unified Register of Real Estate;
Art. 333.33 Tax Code of the Russian Federation - displays the amount of state duty;
Federal Law No. 210 - explains in detail the procedure for providing municipal and state services;
Art. 39.20 of the Land Code of the Russian Federation - reflects the nuances in the question of how to register a garage as property;
Art. 218 of the Civil Code of the Russian Federation - reflects the nuances of registering rights to a garage building.

The specified list of regulatory documentation is not exhaustive, but it contains all the necessary key information.

Depending on where exactly the garage is located and what the purchase option is, there are certain nuances.

Let's take a closer look at each situation.

On your site

When registering a garage on your site, you should pay attention to the fact that a simplified registration procedure applies.

This means the provision of a land plot to the owner for lifelong or perpetual use or ownership until the end of October 2001 for specific purposes:

directly for the development of residential real estate;
for the purpose of maintaining private household plots;
for dacha farming;
for horticultural purposes or gardening.

Important: personal residential buildings can be registered under the dacha amnesty program until March 2020. Speaking about other auxiliary facilities, in particular garages, Russian legislation does not establish a specific time frame, which is why the amnesty is considered indefinite.

Most of the land plots were transferred to citizens by municipal authorities for indefinite use, under the terms of a lease agreement for a long period.

If they were the property of a cooperative, then the plots are considered to be in shared ownership.

In such a situation, there is a need to allocate a share of property that belongs to the land owners.

In order to register ownership rights to a building erected on GSK land, it is necessary to make a share contribution in full. The standards are established by Article 218 of the Civil Code of the Russian Federation.

Cooperative members are required to submit a collective application in order to acquire full rights to use, own and directly dispose of land plots.

The application must be accompanied by documentation that certifies the legal provisions of the GSK.

In addition, it is necessary to submit official documentation listing all members of the cooperative, as well as their passports, copies of all completed pages.

In most cases, the registration of such an allotment is accompanied by some difficulties, so it must be taken with the utmost seriousness.

We invite you to familiarize yourself with the Methodological recommendations on the procedure for developing a draft collective agreement and concluding a collective agreement

The mechanism of action in 2020 is as follows:

Obtaining the appropriate certificate regarding membership, as well as a statement confirming the absence of debt obligations for making share contributions.
Next, you need to contact the Cadastral Chamber to issue a technical plan for the buildings.
Submitting an appropriate application for cadastral registration.

In most cases, all buildings without exception that are divided into separate garage blocks are subject to registration.

In such a facility, the buildings are located in one row, which is why there is no need to issue a cadastral passport for each individual garage block.

Without documents

The absence of documentation automatically entails their registration in order to give legal force.

As long-term practice shows, not all cooperatives maintain documentation properly. In such a situation, the documentation must be restored, which causes certain difficulties.

The procedure for completing the necessary documentation entails a lot of time, so the period of registering property rights can drag on for a long time.

When buying and selling

Purchase and sale provides for acquisition in several ways:

For private individuals. In this case, it is recommended to purchase a garage building only after confirmation of the seller’s certificate of ownership has been received.
By purchasing at auction.

In this situation, it will be enough to become the winner of an organized auction of state or municipal property and pay the appropriate fee.

A protocol regarding the results of the auction, a purchase and sale agreement and a transfer deed are all that must be provided in order to register ownership of a garage building.

Where to begin?

The procedure for registering a garage as a property in 2020 is as follows:

Collect the necessary list of documentation.
Contact the relevant government agencies (BTI, Cadastral Chamber, etc.).

Based on the documents provided, property rights will be registered.

List of documents

In order to register ownership of a garage, you must provide the following documents:

application for registration of rights according to generally accepted rules;
passport copies of all completed pages;
power of attorney - if an authorized representative acts;
a certificate that can confirm the fact of full payment of the share contribution - can be issued at the request of the chairman of the State Joint Stock Company;
cadastral documentation for the property.

Such a decision is made with the participation of accounting service specialists by the specialized commission of the institution (clause 34 of Instruction No. 157n).

According to the requirements of local regulations adopted by the institution, it can be drawn up in writing and must contain a conclusion on the fulfillment of the conditions of accounting as separate fixed assets in relation to the relevant property items.

To do this, it will be necessary to obtain the consent of all members of the GSK, which is sometimes associated with considerable difficulties. The government agencies involved in registering property rights will need to provide written consent from all participants of the GSK to purchase or lease the land under your box.

6 In case of changing a motor vehicle or state registration plate, obtain a new pass in a timely manner (within 7 days) by presenting the relevant documents to the Chairman of the PA (vehicle passport, registration certificate). Before a permanent pass is issued, a citizen member of the SAI is issued a temporary pass.

A similar system appeared in Moscow several years ago. Some strongly criticize it, while others believe that this is a good solution, given the situation with parking spaces in the capital. You can only buy a place for a car for a lot of money, so the queue for people’s garages never lined up.

Parking lots in which spaces for cars or trucks are separated only visually, or regular parking lots intended for short-term storage of cars, do not fall under the concept of a garage box. The project itself may look something like the photo below.

We recommend reading: Civil Code of the Russian Federation Article 567

State registration of rights to real estate is the final stage in the process of registration of documents for real estate by applicants.

According to the current Russian legislation, rights to real estate objects registered in accordance with the Federal Law “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law) are subject to state registration.

Without a certificate of state registration of ownership of the garage, you will not be able to make any transactions.

Then another question may arise: “Why should I register a garage if I’m not going to sell it?” If you have a garage, but there is no permission to build a garage, and there are also no documents for the land under the garage, then this piece of land may be confiscated from you in favor of the administration, if an inspection comes, and they will also be forced to remove the garage from this place, they will write you fine for unauthorized construction.

Before looking for the answer to the question: what is boxing, let's study the classification of parking lots for vehicles.

Let us immediately note that this set of rules does not apply to the construction of garages in which car repairs or maintenance will be carried out.

This also does not include parking for vehicles transporting hazardous substances: poisonous, explosive and radioactive substances.

The problem associated with taking ownership of garages is especially acute.

Thus, citizens, having received legal permits and other documents during the period of validity of the regulations of the USSR, erected garages for personal use, but currently they do not have ownership rights to them, since this right has not been legally registered, which previously, during construction, was not required.

3. Based on the decision of the general meeting of members of the garage partnership, special funds may be formed in the partnership, spent on the purposes provided for in the charter. The procedure for the formation of special funds is determined by the general meeting of members of the partnership.

Oddly enough, as the owner, according to the new legislation, of a separate non-residential premises that is part of the building, you are required to register ownership of part of the land plot located under the building.

Possible difficulties

Difficulties can arise at any stage, so don’t worry. The main difficulty is that very often the garage cooperative is not properly registered, or the land plot is issued to the cooperative only for a limited period, which will soon expire.

ATTENTION: If there are any special nuances that may become the basis for the failure of privatization, you should contact a professional lawyer who will help you find a solution to your problem.