Privatization of the garage: specifics of registration, documents and recommendations of specialists

In our country, most often in the form of apartments, houses, cottages or cottages. The privatization of the garage is not a frequent occurrence in Russia, as many citizens think that their garage will not go anywhere.

Privatization: General Information

Many car owners believe that after the acquisition of the garage, enough timely payments in the cooperative to recognize ownership of it. However, in fact, the purchase of a garage building and payment of membership fees gives the citizen only the right to use. What does this mean? It's no secret that the garage is most often located on a land plot that belongs to the state, so when building the next high-rise building, local authorities may demand that the building be removed from the state land.

In addition, the owner of the garage, who does not have documents on the property, will not be able to own the property to the fullest. This circumstance does not allow the owner of the garage to either sell, donate, or inherit this property.

Let's say "No!" To illegal garage buildings.

As soon as the car owner decides that he needs the privatization of the garage, he needs to find out the important point - whether his construction is legal or unauthorized. Unauthorized garage construction must be legalized, that is, the owner of the property must apply to the representatives of local authorities and get a sanction for the construction. However, the owner will be able to do without sanctions if his garage:

• Is built on a land plot that is not intended for entrepreneurial activity;
• Is located on land that is assigned to suburban areas;
• The design can be easily dismantled and assembled, because the garage can be moved to another place at any time;
• Built on private land.

In all other situations, the owner of unauthorized construction must receive a building permit. For this he can proceed as follows:

1. The owner of illegal construction can apply to the court to establish the ownership of the garage building. At the same time, in addition to the claim, the plaintiff must bring with him a certificate that the building does not threaten the lives of people.
2. The owner of the garage can apply to the commission for the liquidation of unauthorized buildings and ask for the safety of the existing structure.

Once the garage is recognized by the authorities and ceases to be an unauthorized structure, its owner can begin collecting documents.

Nightmare in reality: no privatization - no property

Many owners of garage boxing believe that the privatization of the garage is a waste of nerves and money, but in fact it is far from the case. As it was already written, local authorities can suddenly need land and the owner of the garage will have to demolish the building. In addition, if the owner ends the lease, and local authorities do not renew the contract, he will remain with nothing.

Of course, it should not be excluded that the land may be required by the authorities even after the privatization of the garage building. However, with this option, the owner of the garage box will receive cash compensation for the loss of his property.

What does the law say?

About the procedure of privatization of the garage is very detailed written in the Russian legislation and the Land Code of the Russian Federation. In order to collect the necessary documents and not delay the process of privatization, the future owner of a garage box is worth a look in the order of the Ministry of Economic Development of the Russian Federation from 13.09.2011 N 475. It is in this order that the full list of documents that the car owner can use to register a garage in the property.

It is worth noting that the owner of the garage construction has priority over other citizens claiming a plot of land under the garage, so with a negative response from the administration, the owner can safely apply to the court.

We will privatize the garage, consisting of a garage cooperative

It is no secret that the land plots that are allocated to garage cooperatives for construction, GSK can enjoy indefinitely. However, for peace of mind and greater confidence in the garage owner, it is best to privatize it.

The privatization of a garage in a garage cooperative is possible only if all the owners give their consent to the registration of the property right. In order to obtain the documentary consent from all members of the garage cooperative, the future owner must write an application for granting him the right of ownership and sign it from other owners. Privatization of garages GSK does not take much time, because to recognize the right to own it is only necessary to obtain a certificate of ownership of the building.

Let's consider more in detail, without which it is impossible to privatize the garage. Documents that will be needed can be obtained as follows:

• To begin with, it is worth to contact the chairman of the GCW and take from him a document on the registration of the cooperative, a plan and an extract from the registration book, which will indicate that this particular citizen is the owner of the garage.
• Visiting BTI and obtaining a technical passport of the building.
• It is necessary to pay membership fees and state fees.
• The privatization of a garage in a garage cooperative is impossible without contacting the State Registration Chamber and obtaining a certificate there. It is worth noting that in the Regalata it is necessary to provide a technical passport for the garage received by the Bureau of Technical Inventory.

Separate garage building

The privatization of the garage, which is built as a separate structure, is a little easier.

In order for the garage to be recognized as a detached building, it must have its own foundation and entry. If a citizen has a detached garage construction, then prior to the privatization process he needs to obtain official documents for the land plot. It is worth noting that the privatization of land for a garage is not the only way to obtain documents for land, if desired, the car owner will be able to draw up a land lease contract with local authorities . If there is a document for the land, the owner of a detached garage must carry it to the BTI and receive a technical plan for the garage. With the technical plan, the owner of the garage box should apply to the cadastral chamber and obtain a cadastral passport for the construction. After receiving all the documents, the car owner can register his ownership in the Registration Chamber and become a full owner of the garage.

Garage, land, privatization

It should be noted that if the garage building is privatized, and the land itself is not there, the owner of the garage can still lose it. After all, many enterprising businessmen acquire land plots with garages for the future construction of residential houses, so all buildings are subject to demolition, and the previously privatized garage will be demolished. Privatization of a land plot in a higher priority compared to the privatization of a garage building, so the citizen is best to immediately privatize not only the garage box, but also the ground under it.

What documents are needed to privatize the land under the garage?

Privatization of a land plot for a garage begins with the collection of necessary documentation. You will need to bring:

• A copy of the passport of a citizen of the Russian Federation (with personal reference) or a notarized power of attorney (at the request of the representative).
• Statement in a strictly prescribed form.
• Certificate of ownership of the garage.
• The cadastral plan for the land.
• Check for payment of state duty.

Paid and free privatization

Free privatization of land under the garage is possible only if the land was acquired by a citizen before 2001. As a rule, a citizen will not need a long collection of securities, because a package of documents for free privatization is minimal. From the owner of the garage is required to bring the following documents:

• Cadastral passport;
• The identity card of the citizen;
• A check on payment of a fee in favor of the state;
• A certificate confirming the right of a citizen to privatize this site.

Paid privatization will be carried out when the land was received by a citizen after 2001. It implies obtaining consent from the authorities for the purchase of a land plot, and the answer must be given by a government representative within 2 weeks after the application is filed by a citizen. Experts say that the procedure for paid privatization of a land plot under a garage can be viewed as the formalization of a land purchase and sale contract where the parties to the transaction are an individual and a state. The cost of privatization directly depends on the actual value of the land plot, as well as on the size of the land tax.

It is worth noting that the acquisition of ownership of a land plot is possible only if the citizen has a detached structure. If the garage is part of a common building and has common walls, a foundation and a roof with neighboring garages, then its owner will be able to privatize only a share in a common plot of land.

Summarizing

In our country there are many different loopholes in the laws, so the process of privatizing the garage is better to instruct a specialist.

The process of privatizing the garage and the land below it is quite complicated and expensive, so many citizens are slow to begin this procedure. It should be noted that if the garage is part of the GCW and is part of the general structure, then without the consent of other owners to formalize the ownership right is impossible.

From all the above, the owner of the garage is cheaper and easier to issue a certificate of ownership than to conduct the privatization procedure.