Privatization of land under the garage

How to register the land under the garage as a property ? Why do you need to undergo this procedure? Owners of garage buildings often face these questions.

So, real estate is owned, and the land under it is state-owned. This is normal for large residential properties. Regarding personal construction, there are significant problems that require immediate resolution.

To reserve the right to what is on this land, you need to become its owner. Only in this case the risks of demolition and associated material damage to you are eliminated. Let's figure it out if the problem of privatizing a land plot remains unresolved to this day.

Concept and meaning

The point is that the use of state or municipal land for economic needs without appropriate registration is a legal violation.

And it may happen that the owner of the object located on it will be forced to privatize this site - in the best case scenario. In the worst case scenario, the garage will simply be demolished or they will be required to do it at your expense, plus they will also impose a fine.

If the land under the garage is registered as a property, this provides a number of advantages:

The owner has the right to dispose of his property: the land and what is on it in his own interests.
The possibility of elimination is likely, for example, for a large urban development project. But in this case, the owner receives substantial compensation that covers the costs of purchasing the same object in another location.
And lastly, all chances of losing the garage and the plot of land underneath it without financial compensation are excluded.

Moreover, the owner of the garage will not be able to carry out any commercial activities with it when the object remains in the hands of the state. If this can be accomplished, it will be at a much lower price than for a garage located on a personal plot of land.

Is it possible and necessary to privatize the land under the garage?

Privatizing the land under the garage provides many advantages. The owner of the plot receives the right to dispose of it at his own discretion: sell, lease, bequeath, donate and even mortgage it against a bank loan. For comparison, it will not be possible to carry out such transactions with municipal land. That is why there is a need to re-register the site as private property.

There are two types of free privatization of land under a garage:

the building belongs to a garage-building cooperative (GSK);
The garage is an independent building with a separate entrance, walls and boundaries.

It is impossible to privatize land in a cooperative alone. The Federal Law “On Privatization...” allows only collective applications. The participants in the procedure are the owners of garages in GSK. The registration is carried out by the chairman of the cooperative or any other responsible person.

The privatization of a separate building, outside the GSK, is subject to the rules of the “dacha amnesty” (Federal Law No. 93 of June 30, 2006). The garage owner can register the land using a simplified procedure - directly with Rosreestr and in a shortened time. The main condition is to obtain the right to use the land before October 2001, i.e. before the Land Code of the Russian Federation comes into force.

Why is it so important to privatize the land under the garage:

Inalienability - the owner has rights to his land, and if it is withdrawn for the needs of the state, he will receive compensation.
Ownership rights - the owner has the right to dispose of the plot in accordance with his needs: for example, sell or rent.
Reliability – the use of a privatized site does not need to be extended, as happens with leased territories.

Thus, privatization of the land under the garage allows you to become the full owner of the site. But only if the building has already been registered as private property (see “How to legalize the land under a garage as private property”).

What law governs

Article 222 of the Civil Code of the Russian Federation is the basis of legal norms related to the re-registration of land. It is clearly interpreted here that it is not permitted to use a site located in a government department for personal business and economic purposes. Violation will lead to the demolition of your facility!

Leased plot, in accordance with Art. 28 of the Land Code of the Russian Federation may be subject to privatization, but in the event of its transfer before the entry into force of this regulatory legal act, namely until October 25, 2001.

When receiving land under a lease agreement after this date, you must follow Federal Law 178 of December 21, 2001. Article 18 of this legal act regulates the procedure for transferring ownership of state property at auctions.

For a separate garage building, there are rules in accordance with Art. 39.20 Land Code. In this case, the owner of the garage has predominant rights to transfer the land under his facility into personal possession.

If the city administration does not have plans for this site, then the land is determined according to the scheme of the cadastral project of the area - clause 1 of Art. 11.3 Land Code of the Russian Federation.

The land area can also be registered as an array on the GSK. Then it is practically impossible to privatize part of the land exactly under your real estate. In this case, you pay shares for the land on which your garage is located.

Also Art. 39.20 of the Land Code of the Russian Federation provides for rent for the owners of all buildings located on an undivided plot of land. The tenant in this situation is a partnership consisting of many individuals who own these properties.

What needs to be done to register a land plot

Registration of the land under the garage as a property is based on many factors. Among them: the territory where the object is located, the time of transfer of property, conditions.

If the object is located on a separate territory, the task of privatizing the land underneath it into personal property is greatly simplified.

You can privatize a plot according to a simplified scheme, free of charge, if it was received for use before 2001. As for the later adoption of land, hard-earned funds will be required, so to speak, to buy it from the state.

Whatever the methods and at whatever period the land is transferred for use, it is possible to take full possession of this plot only if there are the required documents for the real estate located on it. The main ones are technical and cadastral acts.

The situation in the privatization of a site under unauthorized construction is becoming more complicated, since it is not registered with Rosreestr. In addition, such real estate may be taboo because it does not meet the operating conditions. And this will entail a complete failure in the privatization of the construction site.

Under a detached garage

According to the law, no one has the right to lay claim to a plot of land on which a citizen’s property is located. And even if it belongs to the state, if it becomes necessary to requisition it for other city needs, the owner of the building will be paid compensation. True, it will be a penny.

And to prevent this from happening, you need to become the owner of this site. The selling price depends on this, and if requisitioned, the state will not get rid of you with a formal payment.

If you need to obtain the right to dispose of the land under a detached garage building, follow the following instructions.

Action Sequences:

Collect the required documentation proving the legal ownership of the property.
Submit a petition to the city department (administration) so that the auction can be held. Documents are submitted along with the application. The municipality determines the cost, which should not exceed the market value. Please note that the land may be taken over by the highest bidder.
To participate in the auction, you must submit an application and also pay a down payment of 10% of the cost. This amount will be returned if the property is repurchased by another person. If the auction is completed successfully in your favor, you pay the remaining 90%.
After payment, the corresponding acts on the transfer of land into property or a bill of sale will be issued.

If the construction was carried out without permission on government land and, accordingly, there are no documents for it, then the situation here is much more complicated. It will be necessary to legitimize the object and register the constructed real estate in Rosreestr through the court.

If the case is successful, the government agency’s consent to use the building is issued. And only then does it become possible to privatize or purchase land from the municipality using a deed of purchase.

In a garage cooperative

As a rule, GSK takes a land mass under a lease agreement for a certain period. All erected boxes on the cooperative territory have a common foundation. In this regard, the situation with registration of land under a separate box is practically impossible to resolve.

There seems to be only one way out - to collectively buy the land, and then redistribute it into plots for garages.

To do this, you should follow this procedure:

Register all garage buildings with GSK for each user individually.
Make a unanimous decision at the meeting on the privatization of state land. A collective decision on payment of duties and taxes is also needed. Minutes of the meeting are drawn up, which must subsequently be endorsed by all members of the garage cooperative.
The consent of the chairman of the cooperative to act as an intermediary in privatization will be required. It is he who will have to represent common interests in government agencies, prepare and register acts.
Write a collective petition to the land department with a request to transfer the area under the buildings into shared ownership.
Garage owners become shareholders.

It is necessary that all owners of garage boxes at GSK come to a unanimous agreement. If at least one signature is missing, the transaction will not take place.

According to the dacha amnesty

The legislation takes into account the registration of land ownership rights according to a simplified system. This program allows owners of garage buildings to privatize land with a package of only the most necessary documents for real estate and without any large financial costs.

This project will run until 03/01/2018.

However, using this system it will be possible to register plots obtained before the entry into force of the Land Code of the Russian Federation - October 25, 2001.

The owner of the building provides the appropriate package of documents:

passport;
evidentiary acts on the right to property;
information about the object (technical plan, which must be drawn up by an expert).

Until the previous year, only a declaration was required. It was compiled personally by the owner. It contained the basic characteristics of a garage building and that’s it.

Today, this process has become significantly more complicated, both with the collection of documents and the financial costs of transforming property. But still, this type of transfer of land into private hands remains the least expensive and fastest.

Land for rent

As you know, the right to own real estate does not give authority to own the land underneath it. In our case, this concerns state land.

Individuals who have a rental agreement with the administration have the opportunity to privatize leased plots of land.

However, there are a number of circumstances when a plot of land transfers from “rented” status to ownership.

Essential conditions:

The leased land is leased for a period of more than three years, and the contract was concluded for at least 10 years.
The presence of a private building on the land plot and legally owned by the tenant.
Unspent one-time right to privatize land. Double privatization will be declared illegal.

What are the benefits of such privatization? It is akin to those transfers of property rights from the state to the private sector, which are indicated above.

3 important advantages:

The financial costs for this operation differ significantly from those if the land was purchased at the market price.
After completing the procedure, the owner of the garage building also becomes the full owner of the plot under it, and has the right to manage it at will: he can sell, inherit, change, give.
The transferred land plot can be used as collateral in banking transactions when applying for a loan or mortgage.

Do not forget that not all tenants have this right. This type of privatization applies only to those persons whose agreement was drawn up in accordance with Art. 25 of the Land Code of the Russian Federation.

No documents

The first point of absolutely all transactions involving the re-registration of land begins with the collection of the necessary documents for the real estate located on this site that you want to privatize.

It is these acts that clearly formulate the grounds for why you need this at all. The process of transferring ownership of plots of land differs little from each other in accordance with the types of garage buildings located on them.

However, the whole difficulty arises if these documents are not available. Then get ready for serious hassle and trips to the courts. Because the lack of appropriate documents for a garage building makes it impossible to privatize the land underneath it.

It is possible to acquire such a right, first to a piece of real estate, and then to a plot of land, only after going through all the legal battles. You will have to prove its legality, get permission to use it, and only then will you be able to privatize the plot of land on which the house for your iron horse is built.

Features of privatization of land under a garage

A simplified scheme for the privatization of the land complex on which the garage area is erected includes the following:

registration of rights to buildings located on land subject to privatization;
collection of necessary documents proving the right to obtain ownership of the site;
submission of supporting documents and petitions to the authorized body for registration of land ownership;
free transfer of land into ownership (for citizens who received a perpetual right to use land or accepted a land plot by inheritance before 2001).

The legislation provides for a preferential regime for land registration for citizens who received plots under the dacha amnesty (until 2001). Registration of land surveying is not a mandatory procedure for this category of persons.

It is enough to present the technical passport for the garage building to the registration authority. After the registration procedure with the Rosreestr authorities, information about the plot transferred into ownership is entered into the Unified State Register, and from that moment the land user becomes the full owner of the land plot under the garage.

Information support for the activities of public services allows you to transfer information to Rosreestr without visiting this body. You can submit documents for land registration through multifunctional centers, choosing a time convenient for you to visit (you can sign up on the website), and also use the capabilities of the government services information portal (for example, to order and collect the necessary documents and extracts).

Features of the privatization of a land plot owned by a garage cooperative:

begin the procedure for registering land ownership by obtaining a certificate of mandatory registration of the GSK from the local administration (issued by the board of the garage cooperative);
order a document on the characteristics of the land plot from the BTI service;
submit documents to obtain ownership of the land plot to the territorial division of Rosreestr.

It is necessary to remember that the land complex will be privatized only after registration of rights to the garage building. Without registering the construction, it is impossible to obtain a certificate of ownership of the land under the garage.

When using a garage area collectively, it is necessary to wait until all shareholders have formalized their rights to the garages they own and only then begin the process of land privatization.

This is important to know: Land tax for large families

As a rule, the GSK directorate is responsible for preparing the necessary documentation for the privatization of land under a garage complex. After collecting documents confirming ownership, submit a collective appeal to the administration of the municipality in whose jurisdiction the land is located.

After 30 days, based on the results of consideration of the submitted documents, the local administration makes a decision to authorize the privatization procedure or to refuse with a reasoned justification.

Documents required for this

If your garage was built in accordance with all the norms of the law, and you have in your hands all the required documents for it, including technical and cadastral documents, privatization should not be refused. And in the case of court cases, the advantage is predominantly in the direction of the owner of the building.

The list of documents that must be provided for the privatization of a land plot is as follows:

a copy of the passport of the owner of the garage building;
statement from the owner or collective from members of the cooperative;
extract from the Unified State Register of Registered Rights to the garage;
an extract from the inventory bureau about the size of the building;
available documents giving authority to use the land;
a drawn up, recorded document on holding a meeting of the garage association, signed by all participants of the GSK (if the building is in a cooperative);
Full name of all participants of the cooperative with the personal presence of each of them to certify their consent;
check for payment of state duty.

In addition to all of the above, attorneys, if any, will need powers of attorney certified by a notary. The Chairman of the GSK must present documents of the activities of the legal entity. Rosreestr will have to request cadastral passports for plots or land mass under the cooperative, as well as for garage buildings.

How to privatize the land under the garage as your own?

Before you start collecting documents, you need to decide what kind of privatization will be: free or paid? The general rules state that free registration of land under a garage is possible if the land is received before October 2001. Everything received later can be privatized only on a paid basis. The cost is determined taking into account the cadastral price for the allocated plot.

Order and stages

One of the types of privatization is the registration of a land plot in a cooperative. The property of GSK is common, and the owners have separate shares (garages). The territory of the cooperative is municipal property - GSK uses the plots on the basis of a lease agreement or an act of transfer of land for perpetual use.

Such real estate can only be privatized jointly with other garage owners in the GSK - in this case we are talking about shared ownership, where each of the co-owners will have their share in the amount of the plot under the garage.

Algorithm of actions in 2020

Obtain the consent of other garage owners.
Hold a GSK meeting.
Prepare minutes of the meeting.
Make a collective application to the property department or local administration.
Get permission.
Sign the contract.
Register changes in Rosreestr.

Let us note that registration of land in the GSK is not privatization in its pure form. Legally, it would be more correct to call the procedure a gratuitous transfer of plots into shared ownership.

Procedure

Having familiarized ourselves with the brief algorithm of actions, we will analyze the main steps in more detail. Based on these actions, you will be able to control the process and know what everything consists of.

How to privatize land under a garage in a cooperative (instructions):

First step. The main difficulty of the first step is to obtain the consent of all garage owners in the GSK. Some may be absent, some will be against it, and some will have to be persuaded. One way or another, collective consent must be obtained. The chairman of the General Committee is responsible for the notification; he also sets the date for the general meeting and prepares documents.

Second step.

The cooperative members hold a general meeting. The issue of privatization of land in GSK is on the agenda. At the same time, minutes of the meeting are kept, where basic information about the meeting is recorded. The final decision is to contact the housing department with an application to transfer the land into shared ownership.

Third step.

Contact the department or local administration. The responsible person is the chairman of the GSK, whose task is to prepare documents and send the application to the municipality. After receiving the consent of the authorities, the chairman notifies the privatization participants about this.

Fourth step.

Order a cadastral engineer and carry out land surveying. Starting in 2020, this procedure has become mandatory. The engineer will determine the total size of the land in the GSK and allocate plots for garages of all co-owners. Each owner will receive a corresponding document on the size of his plot.

Fifth step.

The final stage is registration of shared ownership rights in Rosreestr. The setting is carried out by each land owner independently. Immediately after completion, registrars issue an extract from the Unified State Register of Real Estate, which has recently replaced the certificate of ownership.

Registration cost

The type of transaction also determines the costs of registering ownership of the building site.

The cost of purchasing land for a garage building varies depending on its market price. This request can be addressed to Rosreestr, where the amount will be calculated. You will need to pay 200 rubles for the service. The deadline is 5 days.

The state fee for state registration of the property will be 350 rubles. When registering as a joint venture, each shareholder contributes the specified amount, that is, it is not distributed among all co-owners.

There are also a number of expenses to be incurred for the preparation of relevant documents and their registration. A very expensive service is to call an engineer from BTI to make the necessary measurements. It ranges from 8 to 10 thousand rubles. You can find out the exact price by calling the office at your place of residence.

On top of that, if a garage building is declared illegal, meaning squatter construction, you will have to pay a fine of 8 thousand rubles, considerable costs will be spent on legal proceedings: legal services, independent examinations, formation of technical. plan. Plus, this will take a lot of time and it is not a fact that subsequently they will not refuse not only the privatization of the land under it, but also the legalization of the structure itself.

List of documents

If you have all the documents for construction, you can begin privatization of the land. It is practically impossible for the owner to refuse it, especially for a separate building. Even if a refusal follows, the issue can be resolved positively through the court.

To begin registering property rights, you should prepare a set of documents:

identification card of the garage owner;
application for privatization from the owner or collective from the participants of the State Joint Stock Company;
an extract from the Unified State Register of Real Estate about the availability of rights to a garage;
an extract from the BTI on the technical parameters of the building;
document confirming the right to use the land;
decision of the cooperative participants included in the minutes of the general meeting;
a list of all members of the cooperative indicating their full names and signatures as a sign of consent;
check for payment of state duty.

In addition, you need:

proof of legal entity status;
power of attorney for representatives;
if the owner himself is not involved in the issue;
cadastral papers for the land or massif under the cooperative.

If leased land should have a corresponding agreement or a resolution of the head of the administration on its transfer, evidence will also be a resolution on the transfer of the plot from leased to property.

Reference! An extract from the Unified State Register can be obtained on the Rosreestr website.

Possible reasons for refusal

As we have already found out, registering ownership of land for a garage is a very burdensome procedure. And often the owners of buildings located on privatized plots are refused. Sometimes this reply is unfounded.

To avoid such a decision being made by a government agency, let's look at the reasons why you might get a refusal and how to correct mistakes later.

Grounds for refusal:

Information from the registration authority differs from the information in the submitted documents. Information in accounting acts sometimes does not correspond to reality. To correct such defects, you will have to call a cadastral specialist so that he can actually certify all the characteristics of the object and make amendments to the appropriate document.
The land is leased from the state for a long term. There are no offenses in this case. It may be that the administration has plans for this territory to carry out urban planning projects. In such a situation, a plot of land cannot be transferred into private hands on the basis of property rights. There is only one way out - to rent land. If the owner decides to sell the garage on this site, the rights are assigned to the new owner of the property.
There is no information about registration in Rosreestr.

If there is no information in the cadastre, in order to privatize the land, you will first need to register the property located on it. We wrote about this above.

What taxes and who will need to pay on the privatized land under the garage

Land tax is regulated in Chapter 31 of the Tax Code of the Russian Federation. Its value is based on the market price of the site and the regional tax base. The average rate, based on all regions of the Russian Federation, is 1.5% of the cadastral value.

There are rules for paying this tax. They rely on whether the plot of land is owned by the owner of the garage building located on it or not.

If the garages belong to a partnership, then the land tax is charged to this cooperative, then distributed through the organization’s accounting department among the owners of the boxes.

Disabled persons are exempt from paying tax, and therefore no tax is assessed on associations of disabled people who own garage buildings.

If the owner is a pensioner, the tax service will send an invoice in his name once a year for the amount of the payment.

In addition, since this type of tax is considered regional, the municipality can introduce benefits on rates for pensioners, disabled people and war veterans, or completely exempt this group of people from taxation.

In more detail, Article 395 of the Tax Code of the Russian Federation specifies the categories of persons exempt from paying ZN.