Allocation of land for the construction of garages
The allocation of land for the construction of garages should occur at the level of current legislation. It is not just the land that plays a role here, but also the building that is located on it. After all, there are also illegally erected buildings. Today we will talk about allocating land for the construction of a garage.
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.
Legislation
Privatization refers to the purchase of land from state or municipal property. Such a right is presented to a citizen once in his life.
Regulatory acts governing privatization:
- Land Code;
- Privatization Law of 2001 No. 178;
- Law on state registration of real estate of 2015 No. 218.
Important! The law prohibits the privatization of plots that are reserved for state needs. It can be transferred exclusively for use.
Who can use it?
Main requirements for registration:
- A necessary condition is the construction of the building before 2004, that is, before the adoption of the Town Planning Code. The amnesty does not apply to garages built after this date.
- The garage should consist of only one floor and should not contain living rooms. The facility can be built as a separate building or part of a garage and construction cooperative. An important condition is confirmation of the status of a permanent structure (the garage must have walls and a foundation).
- The land on which the garage is located must belong to the state or municipality.
Important ! When registering, look at the date of construction, not purchase. The heirs of the garage could receive it both before and after 2004, but it is important that the object was built before the end of 2004. Therefore, they will have to document this fact.
What real estate is not included in the amnesty:
- Garages that appeared after 2004.
- Unauthorized buildings.
- Shells are collapsible metal structures.
- Underground garages in office complexes and multi-storey buildings.
- Extensions to other objects: store, house, car service building, etc.
Who is eligible for the “garage amnesty”:
- Owners of properties that were built before 2004.
- Heirs of garage owners.
- Buyers who purchased the property from the original owner.
Important ! Regional administrations must prepare a plan for the placement of garages for disabled people. Moreover, they are allowed to use non-permanent structures.
Purchasing a parking space
If we are talking about a place for daily parking of a car, and not about an outbuilding for storing equipment and food supplies, you can purchase a separate parking space. This term means a special dedicated area with clear boundaries in an underground parking lot or fenced area.
The possibility of registering them as property has become possible recently.
Details of this procedure are in the article “Registration of a parking space as property from 2021.”
Required documents
To register property, you need to contact the local administration. The main advantage is that you can provide any certificate that will prove that you own the property.
What documents are needed for the “garage amnesty”:
- Any certificate from the administration about the provision of space for a garage.
- Any document from the company where you worked and which allocated the land. For example, a certificate from a plant, factory, collective farm, etc.
- Any document about shares in a garage cooperative.
- Documentary decision of the cooperative meeting at which you received the garage.
- Technical plan of the facility.
- Technical passport (you can apply for it at the BTI).
- Cadastral plan of your site and its schematic location.
- Receipts for payment of any utilities, connection to various networks, etc.
- Certificate of inheritance of the garage (if it belonged to your relatives).
Important ! Authorities of different regions may make their own demands for lists of documents. Be careful.
All certificates must be submitted to the district administration or the MFC. They themselves submit the following applications to Rosreestr:
- about preliminary approval;
- on the transfer of ownership of land.
There is no need to pay state duty. In addition, most of the documents are prepared by local authorities. You can contact Rosreestr yourself, but this service is paid: 350 rubles for real estate and 350 rubles for a plot.
As a rule, registration of a plot and registration of rights to a garage and land occur simultaneously. Waiting time is about 20 days.
Important ! After registration of rights, the state assesses taxes.
Another advantage of the bill is the provision of funds from the budget to pay for the services of cadastral engineers for the “garage amnesty”. In some regions, a maximum maximum cost for such work has been established; in others, garage owners can call cadastral specialists for free. For details, contact the city administration.
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.
Decor
Let's look at the action plan step by step.
Contacting the administration and collecting a package of documents
You will learn from local authorities how the “garage amnesty” will be implemented, taking into account a specific region. Perhaps the registration process will take place on an individual basis, or local authorities will organize a joint effort. The second option will make the task much easier for garage owners.
You can use the law if:
- the cooperative that allocated the property to you is closed;
- the land was leased to the cooperative or for permanent use;
- the site is not registered;
- the garage belonged to your relatives, but they did not have time to register your inheritance;
- The garage salesman died.
Collect a package of documents and move on to the next point.
Finding out the status of the land
You should find out whether the boundaries of your site have been established and whether it is registered. This fact can be found out in the following organizations:
- MFC.
- Rosreestr. On the public map you will find information about the areas that are demarcated.
- Cadastral Chamber.
- Local administration.
- In offices for cadastral work.
If the boundaries are established and the site is registered, you can contact specialists for a technical plan of the site. Otherwise, it is necessary to form a section.
Formation of the site
To do this, you need to check with your local administration for information about the land surveying project. If it was, then there is a document that defines the boundaries of the plots. If land surveying has not been carried out, this will need to be done with the help of cadastral organizations.
Submitting an application for preliminary approval
The application is submitted to various authorities. It depends on which government agency owns the site. If it’s municipal or state, they go to the municipality; if regional, they turn to regional authorities; when the property belongs to the Federation, an application is submitted to the regional department of the Federal Property Management Agency. It is reviewed within a month.
Preparation of survey and technical documents
Having received preliminary approval, you can order the necessary certificates from the cadastral organization. Once they are ready, move on to the next step.
Transfer of documents to Rosreestr
There are three ways to register your plot of land:
- through the MFC;
- in electronic form through the Rosreestr portal (an electronic signature will be required);
- through the cadastral organization that prepared the documents.
After these steps, you receive a certificate from the Unified State Register of Real Estate for the land under the garage. You can pick it up through the MFC or Rosreestr.
Registration of property
This is the final stage in the registration of the “garage amnesty”. The following documents are sent to the administration:
- for real estate;
- decision on approval;
- certificate from the Unified State Register of Real Estate;
- technical plan for the garage.
This is where your actions end. Next comes the administration. First, she decides to register the land for official use free of charge. After this, he submits applications to Rosreestr for property registration. If approved, he provides documents from the Unified State Register of Real Estate, according to which you officially become the owner of the garage and land.
“Garage amnesty” is a beneficial law for garage owners. It allows you to register ownership of an object for free in order to officially dispose of it. If you want to legalize your buildings, now is the best time for this.
What are the consequences of not registering land as property?
This circumstance is extremely important, since without registration, the territory completely belongs to the state. If the country needs it to carry out development, state authorities can deprive a specific person of the right to use this plot of land on completely legal grounds.
Under such circumstances, the developer can make a request to the administration with subsequent allocation of territory for development.
Information on registration of ownership rights in relation to this plot can be obtained from Rosreestr. When the specified departments do not have detailed data, the territory is considered free. This state of affairs has been established in relation to the lands of garage cooperatives.
If there is no title, a potential developer can easily demolish the garages and begin development. Previously, car owners will have to be notified of the need to pick up their property.
Normative base
The nature of the procedure for acquiring rights is determined by the type of property and where it is located.
Moreover, a major construction garage must comply with current safety standards: the foundation and walls are checked for quality, technical errors are found and operation is prohibited until it is demolished and reinstalled. Land can be easily privatized under a social tenancy agreement.
A personal garage building occupies state property without any right - it must be seized at its cadastral value.
To the question of how it is possible to privatize the land under a building in a cooperative, the answer is - in fact, not at all. The garages stand on a single supporting structure, so the site is shared. GSK members register ownership rights for everyone at once.
Article 222. Unauthorized construction
Paradoxes of property
Land reforms in modern Russia, expressed in the transformation of state ownership of real estate in all the diversity of types of property into private ownership, have led to a strange situation. Today, real estate located in a field can be owned by a private individual, while the field itself is owned by the state.
When this situation concerns multi-apartment buildings, everything is a little simpler: apartment owners are considered tenants - that’s what they are called in applications from the housing office or other management company.
For private buildings, for example in a village, such a situation will lead to a set of problems.
A simple owner, a garage owner, needs to try to solve these difficulties at his own level.
