Privatization of land (land plot) under a garage, how to privatize land under a garage into ownership in 2023

Privatizing a garage in order to become its owner is not enough - you must also obtain ownership of the land under it. That is why for many citizens the question of how to privatize land under a garage is very relevant.  

How to privatize a garage in a garage cooperative from scratch? Where to begin?

• Why privatize land for a garage cooperative?
• How to privatize the land under the garage?
• Nuances of registering ownership of land for a garage in GSK
• If the garage is a separate building 

How to privatize a garage in a garage cooperative from scratch? Where to begin?

Registration of any real estate as personal property takes a lot of time to collect all permitting documents and requires a thoughtful approach. And the privatization of a garage in a cooperative is no exception.

At the same time, only a few citizens know how to ask clearly formulated questions and clarify all the details and nuances necessary to comply with the established registration procedure.

An important role is also played by the elementary lack of necessary documentation in the required form, as a result of which the privatization procedure is delayed for a long time. Let's find out where to start privatizing a garage.

The whole process is carried out in 3 stages:

1. A certificate is obtained from the chairman of the GSK stating that the garage cooperative is registered with the local government.
2. Based on this, measurements are ordered from BTI to obtain a technical description.
3. A package of documents is being collected to apply to the registration chamber for the issuance of a certificate of ownership.

After the coveted certificate is received, the newly minted owner will have to privatize the plot of land on which the garage is built, which is no less time-consuming.

Why privatize land for a garage cooperative?

At one time, garage cooperatives received land plots for development for indefinite use from the state (from local governments), and only a few GSKs can boast of purchased land ownership.

Basically, the land is still formally municipal property, leased - which means that after the lease expires, garage owners are not insured against the possibility that they will be “asked” to vacate the land they occupy (say, for the construction of a road or construction new buildings).

In this case, the owner of a privatized garage will be offered compensation, but only for the building itself. Will this suit the owner? Thus, the risks in the case of renting land are great enough for most garage owners in GSK to start thinking about how to privatize the land under a garage cooperative.

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According to the current Land Code of the Russian Federation, the owner of a building, structure, structure (which includes a garage) has a priority right to privatize the plot of land underneath it. At the same time, paragraph 1 of Art. 39.

2 of the Land Code of the Russian Federation states that citizens who own buildings and structures located on land plots owned by the state or municipality have the exclusive right to acquire ownership of such plots. 

Particular attention should be paid to the definition of “building, structure, construction” and its compliance with the declared real estate (garage).

According to it, it is assumed that the garage is a separate structure with its own foundation and entrance.

As a result, the owner of such a garage only has the right to acquire a proportionate share (share) in the common ownership of the land plot under the property complex that the garages form. Let’s take a closer look at how to privatize the land under the garage in both cases.

Nuances of registering ownership of land for a garage in GSK

In this case, it will not be possible to abstract from joint actions that concern equally all shareholders and participants of the State Joint Stock Company. You will have to wait until all shareholders receive certificates of ownership of the garages they occupy - only after this can you begin the procedure for registering ownership of the land for the garage.

You can call on the assistance of the management of the GSK so that it notifies about the need to register property rights of all members of the cooperative and contributes to the collection of documents necessary to complete this difficult procedure. Only after this is a collective application submitted to local authorities to exercise the right to own a land plot in accordance with Chapter. V.1 Land Code of the Russian Federation.

The application is certified by the signatures of all members of the cooperative; copies of passports, certificates and certificates of registration of the cooperative are attached to it with confirmation of the allocation of the land being registered for use. It would also be useful to familiarize yourself with the list of documents required to obtain ownership of a land plot, established by order of the Ministry of Economic Development of the Russian Federation dated January 12, 2015 No. 1.

Privatization of land under the garage

Hello, in this article we will try to answer the question “Privatization of land under a garage.” You can also consult with lawyers online for free directly on the website.

Legal regulation provides for the procedure for privatization of a land plot under a garage and provides for certain rules for the implementation of this action, which are presented below.

If the garage is a separate building, has its own foundation, not adjacent to another building, is equipped with access roads and is not part of a block of garages, then the easiest way to privatize it and the land plot is through a dacha amnesty. Its deadline has now been extended until 03/01/2018.

Land for a garage and land under a garage - should it be privatized?

If the site is located in a garage cooperative, then privatization should be collective.
It will not be possible to “take” only a small part of the land for yourself. For such a procedure, the consent of absolutely all members of the cooperative must be obtained, and after completion, each of them will receive a share corresponding to the size of the garage (usually they are all the same). If the garage is not located in the GSK, but is a separate area, then in accordance with Law No. 93, also known as the “Dacha Amnesty,” this territory can be registered as property independently.

The procedure for obtaining ownership of land under a garage depends on its location and time of receipt.

At best, the user of the facility will be obliged to privatize the site; at worst, they will be forced to demolish the building at their own expense and pay a fine.

If the indicated institutions do not have any data, the land is considered vacant. This also applies to lands on which garage-building cooperatives (GSBCs) are located.

Purposes of land registration

In some cases, privatization will not be possible at all if the land under the garage is not intended to be transferred to private ownership. These cases are determined based on the requirements of the Land Use Development Rules, which are approved by each municipality.

But a buyer who has not properly registered the land does not have the right to dispose of it at his own discretion.

Therefore, if the garage is located on the lands of a cooperative, then the owner of the box can only receive a separate part of the common property, that is, his share from the land allotment allocated by the state for its construction.

If the state/municipality takes away non-privatized land, there is no talk of any compensation. In theory, even a privatized plot can be taken away, although this practically never happens. But in the latter case, the owner will receive substantial compensation and thereby lose practically nothing.

Garage cooperatives are gradually leaving, because the land under them does not belong to the owner of the block, which can cause difficulties and problems with the operation of the building. Only the owner can begin the procedure for registering land ownership.

Using someone else's territory without the right of ownership is a risk of being punished under the Code of Administrative Offenses of the Russian Federation. They are obligated to either carry out privatization or dismantle the garage at their own expense and pay a fine (Article 222 of the Civil Code of the Russian Federation).

If this is not done, the municipality may require the garage to be demolished or moved to another location (as is done with metal “shells”) and the site vacated.

Acquisition of rights to a land plot

According to this law, until 03/01/2018, any citizen who has evidence of uncertain rights to a land plot can privatize it according to a simplified scheme, as well as legalize all buildings on it (including a garage). If you refuse and refer to the procedure described for the cooperative, feel free to go to court.

• In order not to lose them at the whim of the municipality, it is necessary to privatize both the garage and the land under it.
• It is much easier to buy a plot of land with an easily transportable metal box from the state than a piece of land with an unfinished construction project on a foundation that cannot be disassembled and moved.
• In order not to lose them at the whim of the municipality, it is necessary to privatize both the garage and the land under it.

If an applicant is going to privatize a garage in a garage cooperative in which the walls and foundation are adjacent, then problems may arise here. In particular, it is impossible to privatize the land under such a garage on your own. This will require collective registration, and accordingly the participation of all owners.

And accordingly, after the lease expires, the owners of garage boxes can simply be kicked out of the land they occupy in order, for example, to build a city building on it or pave a new road. How to privatize the land under the garage and prevent such unfortunate situations from arising?

Why register land rights?

Selling a building on a non-privatized plot is quite difficult. And the cost for such real estate will be significantly less than for property on your own land.

Privatization of land under a garage into ownership is a relatively complex procedure, the main problem of which is the collection of documents.

On the one hand, in the case of a cooperative, everything will be more complicated, since you need to gather all the participants and obtain their consent to the procedure.

On the other hand, most of the documents for such land are managed by the cooperative, which facilitates the further procedure.

Privatization involves the re-registration of ownership rights to part of a plot previously allocated to a group of citizens for garage development on terms of perpetual use. In addition, plots allocated to citizens individually on a lease basis for the construction of private garages are also subject to privatization.

It should be borne in mind that registration of a shared right to land under the Civil Code is permitted free of charge if the plot was provided before the entry into force of the Land Code of the Russian Federation, i.e. until October 2001. If the land plot was allocated from the municipal fund after the specified date, the redemption price will have to be transferred for the re-registration of rights to the land.

Depending on what the garage is, the procedure for the actions performed and the documents drawn up may be different.

Land allocated by the municipality for the construction of garages is most often leased from car owners who are members of a garage cooperative (GSK). Nowadays it is quite rare to find GSKs that have received land for indefinite use.

To register this type of property, you need to pay the state a certain amount (redemption value). The total amount will be determined by the cadastral engineer. Each member of the cooperative will have to pay an amount for their share (in fact, for the land located under the garage).

How to correctly register the land under the garage as property in 2023

After which you can contact the Rosreestr authority for registration. Registration is carried out within ten days - all owners are issued certificates confirming ownership.

If the higher authorities refuse simplified privatization and the garage owner is asked to register the land in accordance with the standards adopted in the cooperative, you can immediately go to court.

The legislation provides a list of documents required for the privatization of a land plot under a garage. At the same time, privatization is a rather complicated process: you need to “sweat” and collect a fairly large number of different papers and certificates.

How to privatize land under a garage according to Russian law?

Land in the city is constantly becoming more expensive. And, of course, the municipality, as the owner of such property, wants to get the maximum benefit from the use of its property. Therefore, if a garage is located on city land, the rights of the person using it may not be taken into account.

Whether the building is located as part of the GSK, or on a private plot, the design differs significantly. Let's consider each option separately.

This is the final stage of the privatization process.
How to privatize the land under the garage? Depending on what the garage is, the procedure for the actions performed and the documents drawn up may be different. To privatize a plot, you will need to submit an application to the administration, indicating your desire to receive the plot for full personal use.

What rules apply and what should each owner know before starting the privatization process?

In particular, this is true for those areas where the garage is located. Depending on whether the land is located on the territory of a garage cooperative or is a separate plot not connected with other buildings surrounding it, the privatization procedure may differ slightly.

Until December 2016, contacting a cadastral engineer when registering rights to land under a garage was not necessary. A citizen could independently fill out a declaration for a garage building and a diagram for a plot, after which the registration authorities issued a certificate of entitlement.

Of course, local administration employees may also need land for privatized real estate, and the metal garage will also be destroyed. However, in the second case, the owner of the garage box will be paid monetary compensation for the demolition of the real estate.

You can obtain it from Rosreestr by submitting the necessary documents. This is the final stage of the privatization process.

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Own land under the garage

State registration of ownership of a garage is often popularly called privatization, which is incorrect from a legal point of view. What does the law say about the privatization of land under a garage? Contents of the article: What is the importance of the procedure for registering a garage as a property? This means that you can only claim a share in the common property.

• The decision to rent/buy an indivisible plot is always made. Buying or not buying is a voluntary matter.
• In the case when a decision is made (by the meeting) to privatize the land, there are 2 options left: to participate in privatization, or to refuse to buy out the plot and lease your plot (through a new agreement) from the new owner - the cooperative.
• There is also a third option (it’s difficult to judge its success): file a lawsuit and demand that the meeting’s decision be declared illegal.
• The consequences can be different - from “everything will be fine” to a situation where the owner of the land comes and asks everyone to “leave the territory.”
• Or to a situation where the garage is demolished, despite the ownership of it.
• In the latter case, they are required to pay equivalent compensation for the garage or provide the citizen with another garage.

It is better not to wait for the consequences, but to register ownership of the site. The chairman of the GSK must have all documents on the allotment of the site.

It also makes sense to contact the district administration - directly to where the primary documentation is stored and where the decision on land allocation was made.

Next - to the department of municipalities/property and lands/relations.

How to register land under a garage in

The main document for registering ownership of a garage is the Certificate of Putting Previously Built Objects into Operation, signed by the district administration (approx.

— it serves as the basis for registering your right with the Registration Chamber).

It is possible to register ownership of a garage individually. It is possible to register the land under a garage as a property free of charge if the right to a garage arose before the entry into force of the Land Code of the Russian Federation.

1. As for the issue of benefits for citizens who received garage ownership later, it is being clarified by the Social Security Administration of a particular region.
2. Once upon a time, GSKs received land from the state on an indefinite lease, and only a small part of cooperatives later bought the developed plots.
3. In most cases, land with garages is still rented municipal property.
4. How to privatize the land under the garage and prevent such unfortunate situations from arising?
5. The legislation makes it clear that the owner of the building has the main right to privatize the plot on which it is built.
6. At the same time, the law says that owners of buildings located on land owned by the state can buy them.
7. It is important to see whether the garage box complies with the parameters of privatization, namely, it must be located separately from other buildings.
8. In addition, you will need to build your own entrance to it, and the foundation of the building must be your own and not touch other garages.
9. Is it realistic to privatize the land under the garage in GSK?
10. If the box shares the same roof with other garages and shares the foundation with them, it is considered property in the possession of GSK, and it will not be possible to separate or privatize the plot separately.
11. The owner of a garage box in GSK has one option - buying a share under the garage complex.

12. The explanation is quite simple - the local government at one time issued plots for the construction of boxes only for indefinite use, and accordingly, the land does not belong to the owners of the buildings.
13. To privatize these plots, you will have to first register the land under construction as personal ownership, that is, buy it from the state.

14. The Land Code says that the owner of the box has the right, if he wishes, to buy the land on which the garage stands.
15. At the same time, the cost cannot be overestimated or underestimated on purpose - registration is carried out in accordance with regional cadastral legislation.
16. According to it, every citizen who has proven undefined rights to a specific plot has the right to register it as their property according to a significantly simplified scheme.
17. He also has the right to legalize buildings on the site, including a garage box.

Ground under the garage. -ooo-

• In addition, you will need to build your own entrance to it, and the foundation of the building must be your own and not touch other garages.
• Is it realistic to privatize the land under the garage in GSK?
• If the box shares the same roof with other garages and shares the foundation with them, it is considered property in the possession of GSK, and it will not be possible to separate or privatize the plot separately.
• The owner of a garage box in GSK has one option - buying a share under the garage complex.
• The explanation is quite simple - the local government at one time issued plots for the construction of boxes only for indefinite use, and accordingly, the land does not belong to the owners of the buildings.
• To privatize these plots, you will have to first register the land under construction as personal ownership, that is, buy it from the state.

1. The Land Code says that the owner of the box has the right, if he wishes, to buy the land on which the garage stands.
2. At the same time, the cost cannot be overestimated or underestimated on purpose - registration is carried out in accordance with regional cadastral legislation.

3. According to it, every citizen who has proven undefined rights to a specific plot has the right to register it as their property according to a significantly simplified scheme.
4. He also has the right to legalize buildings on the site, including a garage box.

Registration of land under the garage in

• If the higher authorities refuse simplified privatization and the garage owner is asked to register the land in accordance with the standards adopted in the cooperative, you can immediately go to court.
• The law is valid until March 1, 2020, and provides for a simplified procedure for registering real estate and plots under it used by the owner for the purpose of farming.
• In order to simultaneously privatize both the plot under the garage and the building itself under this law, you must provide a document to Rosreestr confirming the legality of the allocation of the plot of land.
• For example, an agreement on the transfer of a plot of land for use for an unlimited period of time, a decision of local authorities, and so on.
• The process is slow - from the submission of an application to its final consideration, it usually takes several months, and the process is almost always accompanied by various delays - the bureaucracy makes itself felt.
• The conversation about the privatization of a garage box and the land under it in GSK is not entirely correct, since the term privatization implies the transfer of property from state ownership to private hands or a legal entity.
• A garage cooperative is a legal entity, therefore, until the share is fully paid by the owner of the building, the land belongs to the GSK.
• It is possible to privatize the land under the garage complex, but it will not pass into private hands, but will become property owned by everyone, an indivisible plot of land under the complex, and each owner of the building will receive his share in the property belonging to everyone.
• Carrying out this procedure will become possible as soon as the GSK participants issue certificates confirming ownership of the garage boxes, and also fully pay off the shares.

To apply to transfer the land of a garage complex into a property owned by all owners, divided into shares, you will need a decision from the owners. The application is signed by the owners of the garages in the GSK; a package of documents for the garages and copies of the identity cards of the cooperative members should also be attached to it.

1. The privatization process involves the free transfer of ownership of plots to citizens.
2. But in order to register the ownership of the building and the land underneath it free of charge, it is important to comply with one condition - the site is provided to the owner until October 30, 2001.
3. The reason for this is the introduction of the Land Code later than this date, in which the procedure for obtaining land plots was significantly changed.
4. If the land plot was received later than the above date, then you will have to pay for registration.
5. The redemption value of land is usually based on the land tax rate, and does not “bite” much.
6. In both the first and second cases, the package of necessary documents and steps for registration will not differ.
7. Most often, the issue of privatization of a garage and the land under it is of interest to elderly people.
8. It is not surprising, because without acquiring rights to a land plot and a garage on it, it will not be possible to inherit this property.
9. Pensioners usually own land plots for many years; registration of rights to the plot is free.
10. Regardless of age, owners of detached garages are subject to the dacha amnesty, thanks to which the privatization process is greatly simplified, requiring a minimum of visits to Rosreestr and the required documentation.

How to register ownership of land under

• It is she who regulates the procedure for acquiring state property at an auction organized through bidding.
• These laws describe in detail the procedure for registering ownership of the land under the garage.
• Often citizens have to deal with situations where real estate is registered as ownership, and the land on which it is located belongs to the state or municipality.
• And if this is the norm for multi-storey residential buildings, then when it comes to individual construction, many problems arise.
• The question of privatization of land remains open today.
• Let's look at how to register ownership of the land under the garage.

Possibility of acquiring rights Any citizen can obtain rights to dispose of a land plot. Depending on where the land is located and what rights the garage building has on it, there are certain nuances.

Individual building In the case of an individual building, registering the land under the garage as a property requires the following actions: If the land has a cadastral number, it is quite enough to obtain title documentation - a purchase and sale agreement or a privatization agreement.

1. The price is determined by the local executive authority, but if it suits both parties, it is necessary to sign a corresponding sales agreement.
2. The lease is signed with each owner of a personal garage building.
3. According to Russian legislation, the agreement must provide for the rights and obligations of the parties to the transaction.
4. It is she who regulates the procedure for acquiring state property at an auction organized through bidding.
5. These laws describe in detail the procedure for registering ownership of the land under the garage.
6. Often citizens have to deal with situations where real estate is registered as ownership, and the land on which it is located belongs to the state or municipality.

7. And if this is the norm for multi-storey residential buildings, then when it comes to individual construction, many problems arise.
8. The question of privatization of land remains open today.
9. Let's look at how to register ownership of the land under the garage.

Possibility of acquiring rights Any citizen can obtain rights to dispose of a land plot. Depending on where the land is located and what rights the garage building has on it, there are certain nuances.

Individual building In the case of an individual building, registering the land under the garage as a property requires the following actions: If the land has a cadastral number, it is quite enough to obtain title documentation - a purchase and sale agreement or a privatization agreement.

• The price is determined by the local executive authority, but if it suits both parties, it is necessary to sign a corresponding sales agreement.
• The lease is signed with each owner of a personal garage building.
• According to Russian legislation, the agreement must provide for the rights and obligations of the parties to the transaction.