Russia is now characterized by an era of constant reform, variable transformations, when part of the measures, part of property institutes are in the past, in the Soviet period, where the real estate sector, especially real estate, was in state ownership. But at the same time, the era of a market economy is growing rapidly in the country, and private property dominates in it. These two institutions can be fancifully intertwined, rather painfully striking the common population. After that, the answer to the question of whether it is necessary to draw up land under the garage is unambiguous.
Paradoxes of ownership
Land reforms in modern Russia, expressed in the transformation of state ownership of real estate in all the variety of types of property into private, have led to a strange situation. Today, a private person may own real estate in the field, while the state itself owns the field.
When this situation applies to multi-apartment buildings, everything is a little simpler: apartment owners are considered tenants - that is what they are called in appeals from the Housing Office or another management company. For private buildings, for example, in a village, this situation will lead to a set of problems. The ordinary owner, the owner of the garage, must try to solve these difficulties at his own level.
Why privatize the land under the garage?
To begin with the question: why is this necessary? It should be borne in mind that the privatization of the land where the garage is located allows you to increase the commercial and economic potential of its owner. Actually, this is the main argument for the implementation of the process of obtaining the necessary documents for transferring land into private property. To convert land into personal property, first you need to buy it. All land that has not become privately owned will be state property at various levels. The land legal base is one of the most well-thought out in domestic law. Freethinking in this area can be quite expensive.
Complicated ownership problem
The problem of ownership is especially worrying for people with cars. After all, the land where the garage is located should theoretically be the property of its owner, otherwise legal issues of ownership will arise. How to make land for a garage?
The problems of the complex and controversial legislative framework around land as property arose as a result of government activities. According to the law, state structures can carry out work on the territory of the earth with your garage in order to carry out utility and energy networks there. This situation is due to the fact that the owner does not have the right to land, which means that there is no proper entry in the unified register of rights. The relevant law usually affects both a separate garage and the entire cooperative. Typically, several garages are personal property of motorists, and the rest belongs to municipal land. Therefore, the question again becomes relevant: how to arrange land for a garage?
And again about the benefits of privatization
When the garage is located on urban land without the necessary documents of title, the municipality can completely withdraw the plot back even without compensation for the structure. The situation will become better if an agreement is made on land.For example, if a plot is confiscated for municipal needs, the owner may receive financial cover for the garage.
Drawing up a document of ownership of land under the building is necessary so that the owner of the garage can sufficiently manage his structure. It will be much more expensive if the owner wants to sell the garage in the future.
Rent
How to arrange land under the garage for rent, if the need arises? A considerable part of Russians become owners of garages. And most do not even think about who owns the land on which their buildings are located. But in some cases a difficult situation arises when the owner of the land suddenly remembers the property and requires an urgent demolition or transfer of the garage. To prevent this situation, you need to rent land for a garage.
This situation must be modeled in advance. Before proceeding with the construction of the garage, it is necessary to re-read some of the provisions of the legal framework. All aspects related to the lease of land for the construction of a garage are described in a number of laws. They stipulate that land owners can dispose of the land, which include:
- state;
- individual citizens;
- city authorities.
It is noted that if, over the course of three years, the site is not operated under the indicated conditions, the contract may be liquidated.
Drawing up documents for leasing land for building a garage is a difficult and causing a lot of problems process, the details of which are carefully recorded in the Land Code of the Russian Federation.
Privatization and cooperation
Is it necessary to carry out the process of transferring the land under the garage into their possession when 80% of the garages in the country are owned by cooperatives and are on municipal lands? How to get the land under the garage in GSK? Here you need to understand the nuances.
The population mainly pays attention to the term "perpetual" - it seems that this is super reliable, especially in cases where the situation is enshrined in government decrees and papers. But the whole point is that the power structures of the state and municipal authorities have exclusive rights to dispose of land and can modify the content of contracts.
Of course, everything is not so simple here. Overnight, it is completely impossible to completely eliminate a garage cooperative by placing, for example, a new shopping center in its place without coordination in the administration. However, such a sharp turn of events is quite likely (we must not forget about corruption and relations that can solve many problems of large businessmen with the law). And if the land is state-owned, the power-owning structure will simply take it away. But if the land is already privatized, then the municipal authorities will have to compensate for the selected land. And even completely cancel their actions. Public opinion, albeit still weak, still exists in Russia.
Privatization at GSK
How to make land for a garage in cooperative structures? The problem is that in cooperatives there are no owners of individual buildings, and only owners of a share in collective ownership exist. The volume of the share corresponds to the size of the garage. How to make land under the garage in a cooperative? It is necessary to change the status of the land, which can only be done jointly by all owners. For this, it is necessary that all members of the cooperative come to a common opinion and sign the minutes of the meeting of owners, at which they agreed on a decision. Next, you need to send an application with a proposal to change the status of the land to the Department of Property Relations. Upon successful completion of the business, the land will become shared property.
It is necessary to register the land under the garage as a property. However, if the Department of Property Relations makes a positive decision, he will personally decide whether the land under the garages will be sold for 1-20% of the cadastral.
Land under a freestanding garage
How to make this land a garage? The land legislation of Russia protects the rights of the owners of the garage to "their" land. Thus, if the garage is owned, then another person cannot claim the land under it.
However, this does not mean that the land also becomes property without fail, and any additional renewal is not required. This can only happen with the purchase of a garage with the land. In all other situations, you will have to additionally transfer the land from rental to ownership.
True, it is worth considering that such a re-registration is probably only subject to the condition that the garage is a separate building. It should have its own foundation, separate entrance and walls not combined with other buildings. After making sure that the structure meets all the requirements, a package of documents should be submitted to the administration of the territorial unit.
Documents for registration of land under the garage as a property
The administration must submit:
- an application for the transfer of land from another type of property to private (a sample will be kindly provided by employees of the authorized body);
- a copy of a civil passport or a copy of a representative's power of attorney, if any;
- proof of ownership of the building;
- extract from the Unified State Register about the rights to the plot or a letter from Rosreestr about the refusal to submit such an extract;
- cadastral passport to the land plot;
- a copy of the document on the current status of the site, that is, confirmation that the garage is in perpetual use.
Duration of consideration of the application is one calendar month. In the event of a positive decision, a contract must be concluded between the owner of the garage and the administration, confirming the transfer of land to private ownership. After that, you can register a new law in Rosreestr.
Place of registration
Where do they make out the land for the garage? You can apply for real estate documents at the Rosreestr or at the MFC. In a multifunctional center, the procedure may take a little longer. Of course, registration of rights to a garage in our time cannot be indispensable, but perhaps in the future it will be necessary to conduct commercial transactions with the garage, so registration of land is still highly desirable.
How much does the privatization procedure cost?
How much does it cost to make land for a garage? The documents themselves (execution and copies) will cost a relatively small amount. The main nuance is that the total amount of funds will depend on the land, and it, in turn, depends on the cadastral valuation, which you need to find out by contacting the Rosreestr and acquiring a cadastral passport in this structure.