Registration of property rights has always been an important issue for obtaining certain guarantees, it is especially acute that it is felt in large cities. Constantly expanding areas forcing the municipal authorities to allocate areas only for rental rights.
This means that if a person rebuilt the capital garage in a cooperative either on the plot, then he is obliged to issue all the documentation accordingly to obtain the rights of the owner of this property.
The importance of privatization
You can buy land for the garage only in the case of a separate design, that is, with a separate foundation and input. The privatization of the Earth under the building or structure is obligatory and is provided for by the Civil Code of the Russian Federation, after its design, the owner can dispose of this property as desired.
An important point is to obtain warranty protection against fraudsters or in case of the interest of the state to the occupied territory under construction. Due to the increase in the number of vehicles in the metropolitans, there is a shortage of places for storage, accordingly, cases of illegal transactions selling garages by third parties are rapidly. To prove its rights and you need to know how to get the land under the garage.
During the Soviet authorities, garage cooperatives were allocated territories for perpetual use, modern terminology - leased. That is, the state remained the owner of the Earth, so in time, whole garage cooperatives could be demolished in order to build new projects. Therefore, as a rule, when executing the entire package of documents will have to spend a lot of time and effort, but the result will give certain guarantees.
Privatization is not a correct terminology with respect to this building, the procedure is officially called the registration of the right to the garage. The owner of the structure in the cooperative man becomes after making the amount of the share, and can already be disposed of only after registration of state registration.
Procedure for registration
In the event that the land under the garage is in the city, then all issues are solved in the management of land resources, and the territory of the countryside will be prompted in the local administration.
All actions are conventionally divided into two stages:
- registration that gives the right to the garage construction. This is necessary for solving further issues, according to the current legislation, the lease or privatization of the Earth can be carried out only by the owners of the building;
- an intertime involving cadastral works.
The registration procedure is carried out in the established manner by the authorized public service. If the garage was purchased, the right of ownership is confirmed by the relevant contract, while it is important to assure it and register it in the bodies. In the event of a transaction until 1999, additional registration is required in BTI. The owner of the garage in the cooperative should have a technical support, this issue is solved in conjunction with the rest of the owners.
The privatization of the land under the garage requires the survey of the site, for this will have to contact a land management organization that has a license. The plot can be considered indivisible as in the case of a cooperative. Then problems begin due to serious financial investments and coordination between members of the cooperative. In the presence of several owners at once, the territory is drawn up as share ownership. Then, for the acquisition of rights, you need to collect applications from all owners of the Earth and to file a joint appeal to the authorities. At the same time, the separation of the territory can only be carried out by an engineer after the cadastral works. When setting a section on accounting, the cadastral number is assigned.
Appeal to organs
The design and submission of documents may vary, there are two cases:
- The garage is in a cooperative or in a separate section;
- When locating in a private area.
In land management, the garage owner must submit a statement with the package of documents. The list includes:
- copy of the passport to confirm the person;
- document ownership of the garage;
- photocopy of design plan;
- extract from Cadastre;
- documents rights to land.
The application is personally supplied by the owner of the garage, if a person is an entrepreneur, then a certificate of registration is also attached. The flow procedure is issued by a specialist in electronic form, employees give a referral to pay for the state duty and already with the receipt and documents the package is under consideration. All submitted management statements are discussed within one month.
To compile the garage plan, you need to contact BTI, but this service is paid. Therefore, the application is carried out with the receipt from the bank. Then the specialist will come at the specified time and place to remove all measurements, it will also give the necessary help. All copies of the documents are important to preserve the notary. To simplify the procedure and collecting a package, it is better to contact a lawyer, so the owner will save time.
In the second case, there is a law on "dacha amnesty", which allows you to issue all the documentation in a simplified manner. For the privatization process, it is not necessary to provide permission to build. At the same time, documents confirming the rights to the site and the declaration of the object, an important point - it is filled in person by the owner of the site.
Free design
In certain cases, registration of land ownership under the garage can be held free - this applies to the owners of garages, which the authorities have allocated a plot into eternal use. The privatization procedure occurs subject to the provision of an act on the allocation of land until 30.10.2001. The owners of garages in this case should be extremely attentive, because during the design, experts can recommend entering the cooperative. Then the owner of the site can be only co-owner of the land or tenant. His rights will subsequently have to defend on shipment.
The land for the construction of a garage on the basis of regional legislation is estimated, but the cadastral price of the site always remains the fundamental factor.