Is it possible to privatize the garage? How to privatize a garage: the necessary documents and procedures

As soon as a person buys a vehicle, he immediately faces the question "Where to put your car?" There are several options for the car owner: car parking at a paid parking lot, renting a garage box or buying a garage in personal possession. Registration of the garage will allow the car owner to make full use of his property. Many have heard about privatization, but not everyone knows how to properly implement this procedure. How to apply for a garage? Let us examine this article in more detail.

Privatization: what is it and why is it needed?

Privatization means the transfer of ownership of a property to a citizen. It is worth noting that without the privatization of the garage building, the car owner is not a full-fledged garage owner. This means that, if necessary, the owner does not have the right to sell, donate or inherit his property. In addition, if the state suddenly needs a piece of land under the garage box, the owner of the garage risks remaining with nothing. In order to secure their possessions, it is necessary to deal with the privatization process and formalize your garage.

However, not everyone knows that the design of the garage, which is part of the cooperative, is a special process, which differs somewhat from the privatization of other real estate. The thing is that the garage building, which is part of the GSK, is neither state nor municipal property, therefore it is impossible to transfer it to personal property. In order for a citizen to become a full-fledged owner of a garage, he must timely make membership fees and obtain a certificate of ownership in the Unified State Register of Enterprises.

Legally or not?

Is it possible to privatize a garage and what needs to be done for this? Before you start collecting documents for the registration of property, the owner must find out the legality of the building. It's no secret that during perestroika many buildings were built without the permission of the authorities, so today such garages need to be legalized. In order for the garage to become a legitimate building, it is necessary to do the following:

1. Submit a statement of claim to the court to determine the ownership. It should be noted that the owner of the garage box must collect documents on the safety of its construction.
2. Write an application to the special commission for the preservation and liquidation of illegal buildings. In the application, you should ask that the "unauthorized" garage be kept and legalized.

After appealing to the authorities and getting permission from them to build a garage, the existing building is no longer illegal. Next, you can make out a garage.

How to privatize the building, if you do not want to contact the authorities?

There are special cases when for the registration of the garage does not require any permits:

• The garage building is located on a plot of land that is not planned to be used for business.
• If the garage is built on dacha land, the permission of the authorities is not required.
• Metal garage, which can easily be dismantled and mounted in a new location.
• The construction of a garage box on a private plot of land does not require any sanctions from the authorities.

How to keep your garage?

Every year a huge number of houses are being built in our country. For obvious reasons, the land area does not increase. Many authorities release the land by demolishing old garages, especially if the buildings are unauthorized. Of course, employees of the local administration may need land and under privatized real estate, and a 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 real estate.

Many property owners believe that the constructed garage will not go anywhere. In fact, everything is different, and at any time the owner can lose his garage. How to privatize your garage building and not stay with your nose? The answer to this question will be given below.

What is written in the law?

Russian legislation clearly regulates the process of registration of immovable property in property. The law says that the owner of the garage has a priority right in the privatization of land located under the garage building. In fact, this means that if several citizens claim to the land plot, then the authorities will give preference to the one who has already issued the garage. How to privatize the garage building, and what kind of collection of documents is indicated in the order of the Ministry of Economic Development of the Russian Federation of September 13, 2011.

Garage cooperative: privatization

Many members of the garage cooperative believe that with the timely payment of membership fees garage box becomes their property automatically. In fact, the situation is different. How to privatize a garage in a garage cooperative? Where should I start this procedure?

To begin with, the owner of the garage should contact the chairman of the cooperative and get the following documents from him:

• A certificate stating that the citizen is a member of the GCW and in a timely manner pays the contributions;
• Statutory documents of the cooperative and inventory of cooperative property;
• A certificate of registration of the GCS in the local authorities;
• Documents for a land plot under a garage building;
• Full list of members of the GCS;
• A document confirming the commissioning of the GCS.

In addition, the owner of the garage box must visit the BTI and order the measurement of construction. Later on, a technical plan for the garage construction will be issued in the BTI.

At the final stage of privatization, the owner of the garage should collect a full package of documents and go to the Registration Chamber for a certificate. It is worth noting that the call of the technician from the BTI is not a free procedure, and without the payment of the state duty, the owner will not receive a certificate of ownership.

However, all the above-mentioned documents should be collected only if none of the members of the GSK were privatizing. How to privatize a garage in a garage cooperative, if all members of the GSC form the ownership right at the same time? In this case, the owner of the garage will need to take from the chairman only a certificate of registration of the cooperative, all other documents on the GCS will not be required.

How to proceed if the garage is a separate building?

It is much easier to formalize a detached building. The garage box, having a separate entrance and foundation, should be considered as a separate garage. How to privatize a detached building? To do this, you need to do the following:

1. Get the documents for the land under the garage building. To obtain official documents on the land, the owner does not need to register the property. To privatize a garage building, it is enough to conclude an agreement with the authorities on the lease of land.
2. Visit BTI and place a technical passport for the garage.
3. At the final stage of the privatization of the garage, the owner must apply to the registration chamber and obtain a certificate of ownership. In the Regalate, the owner of the garage box must provide a technical passport of the building, a cadastre passport of the garage and a copy of the passport of the citizen.

Privatization of land

If a citizen privatizes his property, he can still lose his possessions and remain with nothing. Recently, officials have vacated land for the construction of residential buildings, so any construction can be sent for demolition: a barn, a pavilion, or even a garage. How to privatize a garage building and not lose it? To do this, the owner of the car garage needs to privatize not only the building itself, but also the land under the garage. The privatized land under the garage box gives the owner confidence in the future, and protects him from losing his property.

We collect documents for land registration

Before you can privatize the land under the garage, it is necessary to formalize the garage building itself. What do you need to have to privatize the land?

• A photocopy of the passport of a citizen of the Russian Federation. If instead of the owner of the garage the design is handled by his authorized representative, then a power of attorney is additionally required.
• Statement from a citizen (the application form can be found on the Internet and printed out in advance).
• Documents confirming ownership of the garage building.
• Receipt of payment of state fee.

As can be seen from the above, the documents for the privatization of the garage and the land lot under it differ from each other. Therefore, before collecting the package of documents, the owner should nevertheless seek the advice of a specialist.

When is it worth paying for the privatization process?

In accordance with the laws of the Russian Federation, free privatization of the garage is possible only if the building was purchased by the owner before 2001. In all other cases, you will have to give your own blood for the right to register your property. At the same time, the cost of registration directly depends on the size of the land tax and on the real value of the land. It should be noted that privatization is impossible without the consent of local self-government bodies for the purchase of a land plot by a citizen. At the same time, the owner of the garage will not receive the answer immediately, but only 14 working days after the appeal to the authorities.

Pros of privatization

• The owner of the garage building will be able to sell, donate, lease, exchange or leave his property in peace.
• In the event that the construction will have to be demolished at the request of the authorities, the owner of the garage will be paid monetary compensation for real estate.

The minuses of the privatized garage

• As soon as a citizen receives a document of ownership, he automatically becomes a taxpayer and must pay the tax.
• Annual payment of tax. At the same time, starting from 2015, the tax on land under the garage construction and the tax on the garage itself are combined into a single property tax.
• In case of untimely tax payment, the owner of the garage is waiting for trouble. It's not a secret that the tax authorities began to actively combat non-payers. In the event of non-payment of a tax fee, the garage owner can become a restricted traveler, pay a huge amount of fines and penalties and even go to jail.
• Privatization of the garage construction entails additional expenditure. In the future, the owner of the garage will need to register in the property and land under it.

Conclusion

To date, many car owners actually dispose of their garage construction, without documents confirming their ownership. Since 2006, the law of the Russian Federation allows the actual owner of the garage to become the legal owner of this property.

It should be noted that the process of privatization is lengthy and very time-consuming. Many citizens do not understand the intricacies of Russian legislation, so this procedure is best entrusted to specialists. Experienced lawyers can not only help with the collection of documentation, but also perform all the work independently. For this purpose, a citizen should only formalize a notarized power of attorney for the right to conduct business for his representative.

Pros and cons of the privatized garage are listed above, so the owner has the right to decide whether or not to register the ownership of his garage building and the land plot under it.