A friend of mine had a car garage, the premises itself were property, but the land plot under it was not. One day, the owner of the land, which was the municipality, decided to build a stadium on this site. If the land were owned, then our hero would apply for compensation, but alas.
To be confident in the future, we recommend not delaying the registration of land ownership. We have already named the main advantage, but we will add to this: an increase in the price upon sale, the use of one’s rights to the full (such as donation and inheritance by will).
When registering land ownership, you may encounter various pitfalls. To take into account all the nuances, seek help from specialists. Professionals will free you from paperwork and protect you from possible mistakes.
List of documents and registration procedure
So, if you took ownership of the land before October 25, 2001, you can privatize the land for free (Article 23 3K of the Russian Federation), the rest will have to be purchased.
The payment for the plot is set as a percentage of the cadastral price, but not higher than its value. The documents are processed by the Property Relations Committee (hereinafter KIO). All the nuances of the transaction are recorded in the purchase and sale agreement. After completing the transaction, hurry to Rosreestr to enter the purchase data into the cadastre.
Based on the specific situation, the list of documents may be supplemented; we recommend that you clarify it with the KIO.
What is the law about?
The adopted legal norm is aimed at regulating the activities of cooperatives and private garages. From September 1, 2021, each user of an unregistered object can officially register it in his or her own name according to a simplified scheme. The same applies to the land on which the garage is built. The procedure will be extremely simple, and most of the paperwork will be taken care of by local governments.
Important ! The owner of the garage does not buy the land from the municipality or the state, but registers it in his own name for free or leases the land.
The main advantage for the garage owner is that he can legitimize the property and dispose of it in the future at his own discretion: sell it, leave it as an inheritance or give it as a gift. Without the consent of the owner, the garage does not have the right to demolish, and in the case of construction of a road or housing, the citizen will receive financial compensation.
The state is also interested in the development of this law. In the Russian Federation there are no legal norms that would control the work of garage and construction cooperatives. According to official data, there are about 4.5 million unregistered garages in the country that do not belong to their users. But in reality there are many more such objects.
The new law makes it possible to simplify the registration of real estate and become its full owner. These measures are beneficial to the state: taxes are charged on registered garages and the land under them. Another advantage of the law concerns the issue of improvement and safety of buildings (it is not always known who is the owner of the garage, who is responsible for the order on the territory, etc.).
Important norms regulated by the law:
- If the object was built and legalized before September 1, 2021 and is registered according to documents as a garage box, it is considered a garage.
- Garages that share a common wall and roof are also considered separate buildings.
- The payment for a plot leased under an amnesty cannot be more than the land tax.
- The garage plan must include parking areas and garages for people with disabilities.
The validity period of the law is from September 1, 2021 to September 1, 2026.
Privatization of land under a detached garage
According to Federal Law No. 93, Article 7, the state has created a simplified scheme for the purchase of a plot for an individual garage (hereinafter referred to as IG). The ransom amount is determined as a percentage of the cadastral price.
In case of unauthorized construction, the construction can be legalized only through the court.
The first step towards privatization will be your trip to Rosreestr or the MFC to obtain a certificate of ownership of the garage.
The second step will be going to the KIO to submit documents for land privatization.
You will need:
- an application requesting the transfer of ownership of the site;
- identification;
- garage documents;
- land contract;
- boundary plan of the site;
- extract from the Unified State Register of Real Estate;
- check for payment of state duty (350 rubles, according to clause 24 of article 333.33 of the Tax Code of the Russian Federation).
Your application will be reviewed within one month. If the decision is positive, a purchase and sale agreement is concluded.
Requirements for a residential garage
In order for a garage to officially become a real home for a person, it must, firstly, be reconstructed accordingly, and secondly, a transfer from a non-residential building to a residential one must be formalized.
This can only be done if the building meets the requirements established for residential real estate. A residential garage must have a minimum ceiling height of 2.5 meters.
In accordance with Decree of the Government of the Russian Federation No. 47 of 2006, the transfer of a garage to a residential building is possible if the following requirements are met:
- The garage roof must be reliable and airtight.
- The walls must be thermally insulated.
- Load-bearing structures must be functional and suitable for use.
- There should be no defects or cracks in the walls.
- It is necessary to comply with all fire safety and sanitary standards.
- The house must have all engineering systems and communications that are safe for use.
- The rooms must have windows.
Permanent residence in the basement and basement of a residential garage is not permitted.
Transferring such real estate to the status of residential premises under Art. 23 of the Housing Code of the Russian Federation is carried out during the inspection by local authorities. A special commission will assess the condition of the facility.
How to make a garage residential? To make the garage suitable for living, you first need to do the following types of work:
- insulate walls and roof;
- organize heating, water supply and sewerage system;
- conduct electricity;
- install ventilation;
- strengthen the foundation and equip the facility with a sound insulation system.
Moreover, all these measures must be carried out without compromising the general safety and serviceability of neighboring communication lines.
Taxes on the land under the garage
Owners of land plots are required to pay taxes. According to Article 394 of the Tax Code of the Russian Federation, the amount of tax depends on the price of the plot and the region. On average it ranges from 0.3% to 1.5%.
The Federal Tax Service sends a notification to the payer, after which you are required to pay the fee by December 1. For example, taxes for 2021 must be paid by December 1, 2021.
For GSK participants, the amount of payments is calculated in proportion to the share.
For example, to make an approximate calculation, it is enough to multiply the cost according to the cadastre by the rate. Let’s say 300,000 * 1.5% = 4,500 rubles per year.
Pros and cons of living in a garage
For some, living in a garage is unthinkable, for others it is a dream. This type of housing is suitable for those who are accustomed to solitude, peace and quiet.
The main disadvantages of this type of housing are limited personal space and lack of light. Living with a large family in a garage is unlikely to be possible. This is more of a type of housing for single people.
However, connoisseurs of residential garage boxes note the following advantages:
- No annoying neighbors.
- Availability of a permanent parking space and constant control of the car.
- Savings on purchase and operation.
- Freedom of disposal.
The garage can always be sold or exchanged, even just closed while you are away . This type of housing is a real boon for people whose professional activities are related to cars.
Mechanics, tuning enthusiasts, racers and other citizens who devote a lot of time to their car will be simply happy to spend all their time with it.
If someone wants to open a business providing auto repair services, he can organize his workshop right in his home.
Thus, he will not have to travel far to work and waste precious time, which will have a good effect on the size of his monthly profit.
Registration of land in GSK
GSK - a plot divided into shares. The size of each is equivalent to the area of a garage. You can buy such a plot for 1-20% of the cadastral value (Article 2 of the Land Code of the Russian Federation). Those who received land before October 2001 can register without paying a fee.
Documents that will be useful to you:
- minutes of the meeting;
- land contract;
- documentation of ownership of garages;
- certificate for the garage building from the BTI;
- technical passports of garages and passports of land plots;
- receipts for payment of state duty: 2 thousand rubles. for individuals and 22 thousand rubles. for organizations (clause 22.1 of article 333.33 of the Tax Code of the Russian Federation).
Features of how to legalize a garage without documents
Confirming the legality of the construction of a garage without providing documents can only be done in court . It is worth considering that there is no need to obtain a license in the following cases:
- Construction work is carried out on territory that was provided to a person for non-commercial purposes or belongs to a cooperative of summer residents and gardeners.
- The structure being erected is not included in the category of capital ones and can be dismantled at any time.
- The garage serves as an auxiliary facility and is being built on a site owned by the construction initiator.
Will the court solve the problem of installing a garage in the yard?
In most cases, the judicial authorities help solve the problem of building a garage next to an apartment building. In this case, the legal requirements and building regulations in force at the time the individual files the relevant claim must be observed.
What are the difficulties?
While going through formal procedures, many are faced with obtaining the consent of the remaining residents of an apartment building to carry out construction. Difficulties may also arise when preparing a package of documents, since in some of them the accuracy and completeness of the data provided is important.
A common problem is compliance with all current building codes. Since the legislative framework often undergoes changes, it can be difficult to keep track of current rules, as a result of which authorized authorities issue a reasoned refusal to register property rights.
Procedure for privatization of land in GSK
Due to the fact that the cooperative consists of blocks with bordering walls, privatization on an individual basis is impossible, so registration of ownership comes down to the allocation of a share commensurate with the garage.
The main nuance in resolving this issue is obtaining a certificate of garage ownership from all members of the cooperative and the consent of all participants. That is, the total area is purchased and divided into shares (Clause 2, Article 39.20 of the Land Code of the Russian Federation).
The procedure is as follows:
- You should start by registering a cadastral passport for the garage (if you don’t have one). It displays all technical specifications. Without it, you cannot issue a certificate of ownership. Please contact Rosreestr with this question. Cost 200 rubles, execution time about 5 days.
- He will appeal to the chairman of the GSK with a request to provide a cadastral passport of the entire site.
- Next, you need to obtain a cadastral passport for the land under the garage. To do this, contact the MFC or Rosreestr. You will need an application, title documents for the land and garage and payment of a fee (200 rubles). Execution time is about 5 days.
- Afterwards, organize a meeting of the members of the GSK, where, based on the consent of the owners of the garages, a protocol is drawn up (Chapter V.1 of the Land Code of the Russian Federation).
- Then go to the local administration with an application and a package of papers. Everything will take at least a month. When the transaction is approved, they will give you a price; as a rule, it is equivalent to the cadastral price.
- Afterwards the purchase and sale transaction is concluded. Don’t forget to contact Rosreestr afterwards.
Do-it-yourself add-on over the garage of a residential second floor
Sometimes people build a second floor over the garage with rooms that will be used for permanent residence. When constructing the second floor, the following sequence is followed:
- Installation of support logs, which are used as a basis for installing rafters. When performing this stage, it is better to use a strong beam.
- Making the frame. The frame of the structure is made of reliable wood, which has been pre-treated with antifungal agents and fire retardants.
- Installation of beams on the frame. To secure them, jumpers are used, which will make the structure more rigid and reliable.
- Fastening the lower rafters. They are attached using grooves to the base of the beam.
- After installing the rafters, they install the sheathing and lay the waterproofing material.
Is it possible to register in a residential garage?
You cannot be the full owner of your property if you do not register it at your place of residence. It will be possible to register only when the entire re-registration procedure is completed. It will be impossible to obtain registration without converting the garage into a residential premises.
It is impossible to re-register a garage in 2021 by a person who is not the owner of the premises, as well as if the object is pledged or under arrest.
Federal Law No. 5242-1 states that citizens can apply for registration at the place of their permanent residence or temporary stay . That is, this can be done in a garage if it meets all established standards of living space, and the re-registration is completed.
A residential garage is an unusual phenomenon for our country, but quite real. Living in a garage as in an ordinary small apartment is possible only after registration of redevelopment into a residential property.
In other cases, this will be illegal residence, preventing the owner from obtaining registration and fully using his new home.
Video: Transfer of premises from non-residential to residential
Comfort
Finally, a few words about whether a garage is an equivalent replacement for an apartment. Is it possible to live comfortably in it? Quite! And from the photographs presented above you can see this. At first glance, you can’t even believe that these are garages. Many apartments are inferior to them in terms of comfort and furnishings. But, of course, in order to furnish a garage comfortably and beautifully, you will need a lot of financial investment and patience.
However, from an ordinary “car house” you can make anything you want: a children’s room, a professional kitchen, a dance studio, a work office and even an art workshop. The most important thing is a competent approach, as well as the presence of imagination and quality materials. And received permission from the relevant authorities. But even without it, you can live in a garage, although without registration.
Construction rules and regulations
In order for a garage to be recognized as residential premises, according to the law of the Russian Federation, it must meet the following building standards:
- the structure must be located at a distance of at least five meters from the road;
- buildings must be at least four meters apart from each other. If the garage is made of concrete or iron, a greater distance is allowed (8-10 meters), from stone - from six meters, from wood - fifteen meters;
- when planning, it is necessary to observe the minimum square footage of the premises: living room - 12, kitchen - 6, bathroom - 1.8, toilet - 0.96, hallway - 1.8 m2;
- All communications must be located in the room: heating, ventilation, water supply, sewerage, electricity;
- the land under the building must have an appropriate purpose. If the documents do not provide for the possibility of construction on the land, the authorities will not give permission to legalize the construction.
When issuing permission to re-register a garage, employees of the relevant authorities will check the facility for compliance with all the above requirements.
According to Russian legislation, you can live in a owned garage without obtaining permission. To register in it, you must obtain documents recognizing the building as a residential premises.
To do this, you need to bring the garage into full compliance with the norms of housing and urban planning legislation.
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“We all understand that this is temporary”
According to Rosreestr, out of 5.6 million garage buildings registered in the cadastral register, 2 million have not registered ownership rights. However, capital garages will soon be irrelevant, experts say. The head of Probok.net, Alexander Shumsky, believes that the future lies in underground and multi-level parking lots, as well as parking in shopping centers.
— I am ambivalent about garage cooperatives. I myself have a garage, our cooperative was given a place in a vacant lot and so far it is saved only by the fact that no one needs this territory. But we all understand that this is temporary. Now for the demolition of a brick garage on rented land that has not been registered as property, they give compensation of 300 thousand rubles, and for an iron awning - 170 thousand. Moreover, there is only rent, which is overdue for everyone. In general, garages in our usual sense will soon become a thing of the past, and they will be replaced by parking lots in houses and shopping centers. It is more profitable for the city to have an official parking lot with reclaimed land.
Right of storage
Photo: TASS/Egor Aleev
Click “Cancel”: fines from cameras can be appealed online
From September 1, this will be provided on the government services website and court websites.
In turn, Anton Shaparin, vice-president of the National Automobile Union, notes that even with underground parking in modern houses, not everyone has enough money to purchase a parking space.
— It’s very good that garages are finally being legalized. But we must remember that the future in megacities lies in multi-level parking lots and underground garages. However, unfortunately, modern urban planning standards do not provide for the mandatory construction of such infrastructure so that each apartment has at least one or two spaces. In addition, the cost of parking spaces is generally disproportionate to the price of the apartment; many simply cannot afford to buy one. It is necessary to oblige developers to make this socially significant infrastructure more accessible to citizens, because even compensation for a demolished garage may not be enough for a parking space in a new building.
