The privatization process has been a visible sign of Russian life for 23 years, and the term itself is already applied to any real estate, including private garages. This raises many questions about the appropriateness and necessity of the procedure for privatizing garages.
Can a garage be privatized like an apartment?
Privatization refers to the transfer of state property into private ownership according to the relevant legal procedure. Remember "Voucher privatization" state property in the Russian Federation or free privatization of housing from the State Housing Fund, the completion date of which this year was once again extended. Is it possible to put so-called privatization of cooperative garages on a par with these procedures?
The property of GSK members is neither state nor municipal; rather, it belongs to the type of shared ownership. And it is impossible to transfer it to private ownership through privatization. The condition for joining the GSK is the payment of property contributions by the members of the cooperative. Part 4 of Art. 218 of the Civil Code of the Russian Federation clarifies that a member of the GSK, who has fully contributed his share, is the owner of his garage.
Therefore, legally, the garage in GSK is not subject to privatization - it is already the property of the owner.
Instead of “privatizing” the garage, you need to register it
But under Russian law, simply owning a property right to real estate is not enough to completely dispose of it. This right still needs to be registered in the Unified State Register of Property Rights (USRP) and obtain the corresponding certificate of this right. That is, the garage in GSK should not be privatized, but the existing right of ownership should be registered by registering this right with the Unified State Register of Enterprises, i.e., the Federal Registration Service.
However, since the term "privatization" is widely used in everyday life and in numerous publications specifically in relation to any garages, we will also use it to indicate the procedure for registering property.
Do I need to privatize the garage? Yes it is. Indeed, the lack of a certificate of ownership does not allow them to dispose of it - it cannot be officially sold, exchanged or donated, because, according to the law “On state registration”, all such transactions are carried out only by officially registered owners.
Privatize the garage and land
How to privatize a garage? In the most general sense, this must be done in two stages. It:
- Registration of ownership of the garage itself in Rosreestra.
- Privatization of land under the garage.
Why is it necessary to privatize land as well? Suppose your garage is a freestanding building. If the first item is completed, then the garage can be completely disposed of. But the owner of the land under it is still your municipality, and you can only guess what is on the minds of local authorities. For example, the owner of the land may at any time demand to release it for use for his own purposes or to offer it for short-term rent for 1-2 years at a tangible rent.
In GSK, the situation may be different. How to privatize a garage in garage cooperative together with the earth? If it is owned by GSK as a legal entity, then there is no particular reason for concern. But it can also belong to a municipality with all the risks arising from this circumstance for GCW members. In this case, they should worry about the privatization of their land under garages according to the procedure described below.
How to privatize a garage in a garage cooperative
If the summer residents have at least some books on the members of the garden partnership, then the GSK members do not have any documents on hand. Where to start?
The garage should be privatized in several stages:
- Take a note from the chairman about the state registration of GSK.
- Contact your local BTI for information on the address of the garage and the manufacture of its technical plan. This is a paid service.
- Order a cadastral garage passport in Rosreestr.
- Having in your hands the cadastral and technical passport of the garage, contact the Rosreestr with the appropriate statement, pay the state duty and after a month receive the cherished certificate confirming the ownership of the garage.
How to privatize a garage in a garage cooperative if none of its members has not yet gone through this procedure? In this case, the “pioneer” will have to submit an additional package of documents to the Rosreestr, the originals of which must be with the chairman of the GSK:
- GSK constituent agreement, certificate of tax registration of GSK and certificate of state registration;
- GSC Charter with additions, if any;
- document confirming the authority of the chairman of the GCW;
- land documents for the construction of garages (for example, a lease agreement);
- local government order to commission the garage complex;
- full list of GCW members;
- extract from the Unified State Register of Legal Entities.
Some tips for organizing privatization
Where to privatize the garage, in which department? From the above it is clear that the main document, a certificate confirming ownership of the garage, is issued at the Federal Registration Service.
In principle, if you follow the above procedure, then everything will work out. Previously, it is better to call the registration chamber of Rosreestr in advance and clarify the necessary list of documents.
If any slightest mistake is made in the documents, the registration procedure is interrupted. To prevent this, Rosreestr provides a paid service worth about 200 rubles to verify the correctness of paperwork. Better to use it right away.
If there are no documents for the garage
Many car owners used to build their garages without the official permission of the local authorities. Therefore, now the latter relate to self-construction, which does not have any official documents. How to privatize a garage without documents?
If your garage is located on a plot issued for a summer residence, or on a plot already registered as your private property, then you can obtain a certificate for it along with a certificate for a land plot under it in Rosreestr according to a simplified procedure - in accordance with the law on summer residence amnesty.
If the land under the plot does not fall under the summer residence amnesty, you will either have to apply to the court with a claim to recognize the garage as your property, or to the municipality commission on the suppression of self-construction with a statement about the preservation of the building.
If a positive decision is made by the court or the municipality, it will be necessary to register the acquired right of ownership with the Federal Registration Service.
We pay garage tax
As soon as the garage is registered as a real estate in Rosreestr, a tax will be charged on the privatized garage, the rate of which depends on the cadastral value. Its calculation is carried out according to a special methodology, taking into account purely market factors — the type of construction, its location (whether it is prestigious or not), etc. If correctly calculated, the cadastral value should be close to market value. These will be tax rates. The regions of the Russian Federation are given the right to set their rates on real estate in the range of 0-0.3% of their cadastral value.
If you have a garage as a separate building
The current RF Labor Code gives priority to the garage owner to privatize the land under it. How to privatize the land under the garage? Here we should first of all study the Federal Law No. 93 on country amnesty. And if your site falls within its scope, use the simplified procedure for registering land rights and a garage located on it set out in the law.
Here you will need to prepare any document, at least indirectly confirming that you are the owner of the land: acts (decisions, orders) on the transfer of land for use or possession; extracts from business books to land plots; acts on the provision of plots without specifying the type of rights to it, etc. Then order the cadastral passport of the plot in Rosreestr, filling out the declaration (the form is on the web) for the outbuildings located on the plot, including the garage. After that, boldly go to Rosreestr with a statement. And in a couple of months you will receive certificates both to the ground, and to the garage.
If your land with a garage does not fall under the "summer amnesty", then you may have to buy it from the state at the cadastral value.
If the garage is located at GSK
If the garage is a garage box with a common foundation or partitions with other boxes, then it is an integral part of the property of GSK. How to privatize a garage in a garage cooperative with the land? The land under such garages can be privatized from state ownership to common ownership, which belongs to all members of the GSK.
In this case, all GSK members must first register their garages with Rosreestr according to the above procedure. And only then can a collective application be submitted to the local municipality, certified by the signatures of all GCW members, with photocopies of their passports, certificates for garages and state registration certificates of GCW, as well as a document confirming the allocation of the privatized land for the construction of garages.
Within a month, a decision should be made on privatization. If the land was in perpetual use with GSK before the adoption of the RF RF in 2001, then the land will be free. If this was later, then GSK will be offered to buy the land, most likely at its cadastral value. After acquiring ownership of the GSK site, the owner is obliged to register it in the general procedure with the Rosreestr.
