The issue of ownership of parking spaces in residential complexes remains one of the most pressing and confusing in the real estate industry. Apartment owners are often faced with a situation where underground or surface parking is not formally part of their property, although it is actually used to service the building. Understanding the legal status of these areas is critical to protecting your property rights and avoiding financial losses.
The situation is complicated by the fact that developers often use different schemes for selling parking spaces, selling them as independent objects or renting them out for long-term lease. Legal nature parking depends on many factors, including the date of commissioning of the building and design documents. A detailed analysis of the legislative framework will help you understand what exactly is in your property.
In this article we will look at the intricacies of parking recognition common property, we will analyze judicial practice and provide a clear algorithm of actions for property owners. You will learn how to distinguish legal ownership from temporary use and what risks are hidden in contracts for the sale and purchase of parking spaces.
Legislative framework and concept of common property
The fundamental document governing ownership issues is Housing Code of the Russian Federation. According to Article 36 of the Housing Code of the Russian Federation, the common property of the owners of premises in an apartment building includes the land plot on which the house is located, as well as objects intended to serve more than one premises. However, here lies the main trap for buyers.
The key point is that the parking space has signs of isolation. If a parking space has clear boundaries, is fenced with structural elements and is registered in the cadastral register as an independent object, it cannot be considered part of the common property. In this case, it becomes the private property of the owner, even if it is located inside the perimeter of the residential complex.
⚠️ Attention: The presence of parking markings on the floor does not make the parking space private property. Without state registration of rights and cadastral number, any partitions are legally void.
On the other hand, if parking spaces are not allocated to separate real estate units and do not have individual cadastral numbers, they automatically become the shared property of all apartment owners in proportion to the area of their housing. This rule is especially relevant for houses that were put into operation before the widespread practice of selling parking spaces.
Criteria for classifying parking as common property
To determine the status of the parking zone, it is necessary to conduct a thorough analysis of the project documentation and cadastral registration results. Judicial practice has developed clear criteria for classifying an object. The primary document here is project declaration and a building permit.
If in the technical plan of the building the parking lot is indicated as a premises for auxiliary use that does not have autonomous engineering networks and a separate entrance, there is a high probability that it will be recognized as common property. It is important to check whether this space is included in the composition total area apartment building upon initial registration.
- 📜 The absence of an individual cadastral number for a parking space is a direct sign of its belonging to common property.
- 🏗️ Constructive connection with the load-bearing elements of the building without the possibility of isolation indicates the indivisibility of the object.
- ⚙️ The use of a single ventilation and lighting system for the entire parking level often argues in favor of shared ownership.
Particular attention should be paid to the land plot. If the parking lot is located on land that is shared ownership of the residents and does not have a separate underground level with legal registration, the arguments in favor of common property are strengthened. However, modern standards allow underground floors to be designed as separate objects, which changes the balance of power.
Nuances of the land issue
The land plot under the apartment building is formed simultaneously with the formation of the house itself. If the parking lot is located within the boundaries of this site and is not allocated as a separate object, it follows the fate of the main thing - a residential building. However, if the developer managed to register the parking lot with the cadastral register before selling the apartments, the land under it could be registered separately or be leased.
A parking space as an independent piece of real estate
With the development of the real estate market, legislation has evolved, making it possible to designate parking spaces as full-fledged objects of civil rights. Since 2017, amendments have come into force allowing the cadastral registration of parking spaces located in underground and above-ground parking lots. This radically changed the approach to the issue of property.
In order for a parking space to be considered an independent object, it must meet strict technical requirements. The boundaries of such an object must be marked in accordance with the design documentation, and the area must be determined with high accuracy. The owner of such a place receives full extract from the Unified State Register of Real Estate, where he is listed as the sole owner.
| Parameter | Common property | Independent object | Temporary use |
|---|---|---|---|
| Cadastral number | Missing (part of the house) | Yes (individual) | Missing |
| Ownership | Share (automatically) | Individual | No (rental only) |
| Possibility of sale | Only with apartment | Separate from the apartment | Transfer of lease rights |
| Property tax | Included in the total amount | Separate payment | Not paid |
Owning an independent parking space gives the owner more freedom of action. It can be sold, donated or bequeathed regardless of ownership of the apartment. However, the maintenance of such a facility falls solely on the owner’s shoulders, including payment of utilities and operating costs, if they are allocated separately.
When purchasing a parking space, be sure to request a fresh extract from the Unified State Register of Real Estate. Check the column “Type of permitted use” - it should indicate “parking space” and not “technical premises” or “garage”.
Judicial practice and precedents
Litigation regarding the status of parking lots is widespread. An analysis of court decisions shows that the outcome of the case often depends on the date the house was put into operation and the quality of the developer’s paperwork. The courts side with apartment owners if it is proven that the parking lot was designed as an integral part of the building.
One of the key precedents was the clarification of the Supreme Court, according to which places that are not structurally isolated and not taken into account as separate objects belong to the owners of the premises in the house on the right of common shared ownership. This applies primarily old housing stock and houses built during the transitional economy.
In cases where the developer sold parking spaces to third parties who do not have apartments in the building, courts often invalidate such transactions if it is proven that the parking lot was created solely for the needs of residents of a particular complex. However, if the parking spaces were legally registered and sold before the construction of the house was completed, it will be extremely difficult to challenge this.
⚠️ Attention: The statute of limitations for cases of recognition of the right of ownership of common property is 3 years, but it begins to run not from the moment the house is built, but from the moment a person learns of a violation of his right.
Owners who wish to challenge the rights of third parties to parking must order complex construction and technical examinations. These studies make it possible to determine whether a parking space is structurally separate or is simply a marked part of a single space.
Procedure for obtaining rights to a parking space
If you find out that the parking lot is not registered as a separate object, but you want to secure a specific place for yourself, or, conversely, prove its community, you must act through official authorities. The process of registering rights or changing status requires collecting a package of documents and going through bureaucratic procedures.
To legalize a parking space as an independent object, a survey (in the case of land plots) or a technical plan of the premises is required. These works are performed cadastral engineershaving the appropriate license. Without their conclusion, Rosreestr will not make changes to the register.
☑️ Documents for registration of rights
In case of disputes with the management company or other residents, the issue can only be resolved through court. The statement of claim must contain demands for recognition of the right of common shared ownership or, conversely, for recognition of the right of ownership of a specific object. Success depends on the evidence base.
The key point of registration is the exact correspondence of the coordinates of the parking space in technical terms and the actual state of affairs on the ground. Any discrepancies will result in suspension of registration.
Operation and maintenance of parking areas
Issues regarding parking lot maintenance directly follow from its status. If the parking lot is recognized as common property, the costs of its lighting, cleaning, repair of ventilation and barriers are distributed among all owners in proportion to the area of their apartments. These amounts are included in the line "maintenance of living quarters" on the receipt.
If parking spaces are the private property of individuals (including non-residents of the house), the situation is more complicated. The owner of the parking space is required to pay his share of operating costs. Often, to manage such facilities, a separate legal entity is created or a tripartite agreement is concluded between the owners of parking spaces, apartment owners and the management company.
Problems arise when parking space owners refuse to pay for maintenance while using the home's infrastructure. In such cases, management companies may restrict access or initiate legal penalties. It is important that tariffs for parking maintenance are approved at a general meeting and are economically justified.
- 💡 Repair of load-bearing structures of a parking lot is always financed from the capital repair fund if the parking lot is part of an apartment building.
- 🧹 Snow removal at entrances and exits is the responsibility of the management company if these paths belong to a common land plot.
- 🔒 Installation of additional security systems (cameras, barriers) is possible only by decision of the general meeting of owners.
Frequently asked questions (FAQ)
Can a stranger buy a parking space in my house?
Yes, the law does not prohibit the sale of parking spaces to persons who are not the owners of apartments in a given building, provided that the parking space is registered as an independent piece of real estate with a separate cadastral number. If the parking lot is a common property, sale to third parties is impossible.
What should I do if my parking space is taken by another tenant?
If you have documents confirming ownership or long-term lease of this particular place, you have the right to demand the release of the territory. First of all, you should contact the violator with a written demand, then contact the management company. If ignored, call the police to record the violation and then go to court.
Do I need to pay tax on parking spaces?
Yes, if a parking space is registered as a property and has a cadastral number, it is subject to taxation. Property tax for individuals is calculated based on the cadastral value of the property and the rate established in your municipality. Notifications are sent automatically through the Federal Tax Service.
Is it possible to fence off a parking space with bars or chains?
Unauthorized fencing of a parking space in a parking lot, which is common property, is prohibited and is regarded as a seizure of public territory. Even in private parking lots, the installation of structures should not violate fire regulations and impede the passage of special equipment. Installation of fences often requires approval from the fire department and property owners.