The question of how many garages can be privatized by one person worries many car owners, especially those who are in garage-building cooperatives or own several properties. At first glance, it seems that the law should set a clear limit, but Russian legislation does not contain a direct rule limiting the number of objects in private property of one citizen. This creates a set of myths and misconceptions that often prevent people from legitimizing their property.
The reality is that limit There is no number of privatized garages, but there are important nuances depending on the status of the land, the type of structure and the year of the start of operation. The key factor here is not the number of garages, but the legal purity of documents on the land and the structure itself. If you plan to issue the property not one, but several boxes, you will have to face the procedure of evaluation, cadastral accounting and, possibly, change the purpose of the site.
Particular attention should be paid to the so-called garage-amnestyThe system is valid in Russia and allows to simplify the procedure for certain categories of objects. Under the program, many citizens were able to register the rights to garages built before 2004, even if some documents were not available. However, for each new object will have to pass a full cycle of inspections, and here come into force the rules of the urban development code and land use rules.
Legislative basis of garage facilities ownership
The fundamental principle of Russian civil law is the equality of all forms of property, whether private, state or municipal. The Civil Code of the Russian Federation does not establish an upper threshold for the number of real estate that can be in the hands of one person. In theory, a citizen can own dozens of garages if they have legally purchased or built them. However, in practice it is coming into force. Land code and the rules on the targeted use of territories.
The main difficulty arises not with the structure itself, but with the ground beneath it. According to the law, the owner of the building has the preferential right to purchase or lease the land on which this building stands. If you own one garage, you decorate the land under it. If there are ten garages and they stand apart from each other, you will need to issue rights to ten land plots or one large plot with the appropriate type of permitted use. It's not a question of quantity anymore. town-planning standards.
⚠️ Owning a large number of garages may attract the attention of tax authorities if the use of the facilities does not meet their intended purpose, for example, if they are commercially active without registration.
It is important to understand the difference between a garage and a box in the GSC. In the first case, you are the sole owner of the land and the building. In the second case, you own a share in the cooperative’s common property and a specific box. The number of boxes one person can buy at the GSC is often regulated. cooperative-law. In some old cooperatives there were restrictions "one member - one garage", but modern courts often invalidate such restrictions if they contradict the Civil Code of the Russian Federation.
Restrictions on the number of garages in GSK and in suburban areas
The situation with garage and construction cooperatives (GSC) requires a separate consideration. Here, the number of garages that one person can own often rested on the Soviet norms for the distribution of scarce real estate. However, with the entry into force of the law on summer-amnesty And then, with its extension, the situation has changed. The main thing now is the actual ownership and use of the property before a certain date.
If you are a member of the GSK and want to privatize a second or third garage inside the cooperative, you need to check the charter of the organization. In some cases, the board of the GSK may prevent registration by referring to internal rules. However, legally, if the garage is a separate object (has its walls, gates, separate entrance) and is on cadastral records, you have the right to become its owner. Problems can arise if garages are adjacent or part of a building without a clear separation.
In the suburban areas (SNT, DNT), the situation is regulated differently. Here, the limits are more often related to the area of development relative to the total area of the site, rather than the number of buildings. You can build several garages if you can. build-up and the indentations from the precinct. Privatization in this case is carried out according to a simplified scheme, but requires that all buildings be reflected in the technical plan.
The issue of inheritance deserves special attention. If you inherited several garages, you become the owner of all the objects, regardless of their number. In this case, tax burden It will be added, but there are no legal restrictions on ownership. The main thing is to register the rights in Rosreestr on time.
Procedure for registration of multiple objects in ownership
The process of privatization of several garages is technically not different from the design of one object, but requires more careful preparation of documentation. You will need to collect a package of documents for each garage separately, if they are not combined into a single complex. The first step is always to call a cadastral engineer to prepare for the technical Every object.
Next is the stage of filing an application to Rosreestr. This can be done through the MFC or the portal of public services. It is important to make sure that each garage has a separate cadastral number. If the garages are part of the GSK, first, survey work should be carried out throughout the cooperative, so that each box gets its coordinates. Without it. cadastral accounting will be suspended.
☑️ Checklist for the privatization of several garages
Pay special attention to the documents on the land. If the land is leased from the GSK, you will need to conclude a lease agreement for a land plot or part of it. In the case of individual garages on your own land, the process is easier. However, if you are designing more than five properties, experts recommend consulting a real estate lawyer to avoid mistakes in your property. surveying.
⚠️ Note: When designing multiple objects, there is a high risk of errors in cadastral numbers or borders, which can lead to overlapping sites and litigation with neighbors.
The cost of the procedure will be scaled depending on the number of objects. You will have to pay a state fee for registration of ownership of each garage separately, as well as the services of a cadastral engineer for each technical plan. Savings are possible only if garages are a single block and are decorated as one room with several parking spaces, but this is possible only in modern parking lots.
Tax consequences of owning multiple garages
Owning several garages directly affects the amount of property tax. According to the Tax Code of the Russian Federation, the garage is subject to taxation, and for each registered object the owner is obliged to pay tax. The tax rate is set by the local authorities, but may not exceed 0,1% from the cadastral value for garages that are part of property complexes, or to 0,3% for other garages.
An important aspect is the tax deduction. The state provides a deduction of 100% of the cadastral value for 20 square meters of garage space. If you have one garage with an area of 24 sq.m., you will pay tax only from 4 sq.m. If you have two garages of 24 sq.m., the deduction applies to each of them separately, which makes owning several small objects more cost-effective than one huge one.
If the cadastral value of your garage exceeds the market value, you have the right to challenge it in the commission at Rosreestr or in court, which will significantly reduce the tax on all your garages.
It is also worth considering that when selling garages owned for less than a minimum period (usually 3 or 5 years), you will have to pay personal income tax (PIT) of 13%. When selling several properties in one year, the tax base is added up. However, you can take advantage of a property deduction of 250,000 rubles on all garages sold collectively if they are sold as a single object, or use the deduction for purchase costs.
For owners of a large number of garages (more than 5-10) there is a risk of retraining activities by the tax authorities. If you are systematically renting out garages or selling them, the IRS may consider it as business and require registration of IP and payment of appropriate taxes.
Table: Comparison of conditions for the privatization of garages
To better understand the differences in procedures, consider a comparative table of privatization conditions for different types of garage properties.
| Type of object | Documents required | Timeline for privatization | Quantity restrictions |
|---|---|---|---|
| Garage in GSK (until 2004) | Certificate of payment of share, membership book | 5-10 working days | No (depending on the charter) |
| Individual garage | Tehplan, land right | 7-12 working days | According to the building standards of the site |
| Car parking lot. | Contract of sale, act of acceptance | 5-7 working days | No restrictions. |
| Self-construction (through court) | Court decision, techplan | 2-4 months | Depends on the court's decision |
As can be seen from the table, the easiest thing is with parking spaces in modern parking lots and garages, which are subject to amnesty. In these cases, the number of objects is not an obstacle. The most difficult is with unauthorized buildings, where each case is considered individually, and the presence of many such objects can be regarded as a systemic violation.
What if one of the garages is recognized as self-constructing?
If one of your garages is recognized as an unauthorized building, this does not mean automatic demolition of all your objects. However, the presence of one illegal building can provoke the inspection of the others. It is recommended to legalize the object through the court, providing evidence that the building does not violate the rights of neighbors and safety standards, or to dismantle it voluntarily in order to avoid fines.
Frequent Mistakes and Risks in Mass Privatization
Trying to arrange several garages at once, citizens often make mistakes that lead to a suspension of registration or refusals. One of the most common mistakes is to try to design garages as a single property complex, when they are not structurally such. This leads to confusion in cadastral numbers and problems with the subsequent sale or donation of individual units.
Another risk is associated with land-related. It often happens that under one garage the ground is decorated, and under another - not, or the boundaries of the plots intersect. In case of mass submission of documents, such errors pop up immediately, and the registrar has the right to suspend the procedure for all objects until violations are eliminated. This delays the process for months.
⚠️ Please note: Do not try to hide the presence of extensions or reconstructions in technical plans. Disparity between the actual area and the documentary will lead to a refusal of registration and possible fines for illegal construction.
It is also worth mentioning the risk of “fragmentation” of objects. Some owners attempt to artificially divide one large garage into several smaller ones to save on taxes or bypass restrictions. Such actions may be regarded as an abuse of the right, and the court may order to restore the original state of the object.
The law does not limit the number of garages owned by one person, but requires strict compliance with the procedures for land registration and construction for each object separately.
Judicial practice and real cases
An analysis of judicial practice shows that disputes about the number of garages owned by one person most often arise in the context of inheritance cases or in the division of property of spouses. Courts generally rely on the principle of freedom of contract and ownership, confirming the rights of owners to multiple objects, if they were legally acquired.
However, there are precedents when courts limited the rights of owners of the GSK, if the charter of the cooperative explicitly prohibited the ownership of more than one box and this charter was adopted before the acquisition of the second garage. In such cases, the court may order the sale of the garages to other members of the cooperative. Therefore, when buying an additional garage in the GSK, always require an actual one. charter.
In cases with suburban amnesty, courts often side with citizens, allowing to legalize even complex structures, if they were built long ago and do not pose a threat. The main thing is to prove the fact of ownership and use of the object before 2004 (or before the date established by the regional law).
Can a garage be privatized if the land is not owned?
Yes, under the garage amnesty, you can get a garage in the ownership, even if the land is in state or municipal ownership. However, the right to land (lease or property) will still have to be issued separately so that the object is considered completely legal.
Do I have to pay taxes for each garage separately?
Yes, property tax is calculated for each property with its own cadastral number. Notifications will be received in aggregate, but each garage participates in the calculation of the tax as a separate unit.
What if the GSK says that you can not have more than one garage?
Request a written waiver with reference to a specific clause of the statute or law. Such a restriction is illegal if it is contrary to the Civil Code. This document can be applied to the court to recognize the right of ownership.
Does the number of garages affect the benefits or subsidies?
Having multiple garages can affect the need for better housing, but general federal benefits (retirement, veterans) are usually not affected unless the garages are used for commercial purposes.
Can two adjacent garages be combined into one?
Yes, it is possible, but it requires reconstruction, obtaining a building permit (in some cases), making a new technical plan and making changes to the USRN. You will actually destroy two objects and create one new one.