​Car “in the house”:

details about the features cadastral registration parking spaces

IN this year More than 70 rights to parking spaces have been registered in the region.

This means that the owner of a parking space receives the right to register it as a specific piece of real estate (car space), and not as part of the parking lot, as before. Immovable property now includes parking spaces in residential buildings, business centers, other buildings and structures.

Order of the Ministry of Economic Development of Russia dated December 7, 2016 No. 792 established the minimum and maximum permissible dimensions of a parking space. The minimum permissible dimensions of a parking space are 5.3 x 2.5 m; The maximum permissible dimensions of a parking space are 6.2 x 3.6 m.

If the parking space does not meet this requirement, but meets the requirements and characteristics of the parking space and the rights to it were registered before the date of entry into force of Law N 315-FZ, this discrepancy will not be grounds for suspension of state cadastral registration and (or) state registration rights to such real estate.

The machine area may be enclosed by walls or other structural elements, or may not have any enclosures at all.

However, the boundaries of parking spaces must be marked with markings - for example, paint or stickers. Such parking spaces can be registered in the cadastral register.

The main thing is that the boundaries of the parking space must be determined in the manner established by the legislation on cadastral registration. Into the United State Register real estate (USRN), the following information about the parking space is entered: cadastral number and the date of its assignment, area, description of the parking space, its location in the building and number on floor plan. Information about cadastral value parking space, information about previously acquired rights to it, as well as restrictions or encumbrances (if the parking space is under pledge or arrest).

The rights of buyers of parking spaces are registered in the Unified State Register of Real Estate even if the parking lot itself is just being built with the help of shareholders’ money, so that after construction is completed, the shareholder can immediately register ownership of his parking space.

Accordingly, parking spaces are allowed to be mortgaged and inherited, donated and sold. A simplified purchase and sale procedure will allow you not to warn all participants about the transaction shared ownership.

Cadastral registration of parking spaces is carried out in accordance with Article 40 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.

And now about the nuances.

There are cases when a property meets the requirements and characteristics of a parking space, but the rights to it are registered as to another property (shares in the right common property to premises, buildings or structures intended to accommodate vehicles). It is important that the agreement of all co-owners or the decision general meeting, defining the procedure for the use of real estate that is in common shared ownership, specified in Part 3 of Article 6 of Law N 315-FZ Federal Law of July 3, 2016 N 315-FZ “On Amendments to Part One Civil Code Russian Federation and certain legislative acts of the Russian Federation”, for state cadastral registration and state registration of the right to this property is not required.

If we are talking about the allocation of a share in the right of common ownership of premises, buildings or structures intended to accommodate vehicles (Part 3 of Article 6 of Law N 315-FZ), an agreement of all co-owners or a decision of the general meeting determining the procedure for using real estate located in common shared ownership, specified in Part 3 of Article 6 of Law N 315-FZ, are the documents necessary for state registration of the right to an allocated share in the right.

When we are talking about a newly created property that meets the requirements of Article 130 of the Civil Code of the Russian Federation - a parking space as an independent property - state cadastral registration and state registration of rights to it are carried out in general procedure established by Law No. 218-FZ, taking into account, inter alia, the provisions of part 4 of its Article 40. The grounds for state cadastral registration and state registration of rights are established by Article 14 of Law No. 218-FZ. These include, among other things, a technical plan, as well as documents confirming the existence and emergence of the right to a property (an agreement of all co-owners or a decision of a general meeting that determines the procedure for using real estate that is in common shared ownership, specified in Part 3 of Article 6 of Law N 315-FZ, in this case are not required).

From January 1, 2017, parking spaces are classified as immovable things along with residential or non-residential premises. The procedure for describing the boundaries of parking spaces, their registration in the state cadastral register has been established, and the procedure for state registration of rights has been determined. 1C experts comment on the innovations.

the federal law dated July 3, 2016 No. 315-FZ (hereinafter referred to as Law No. 315-FZ) introduced a number of significant changes to civil legislation. So, for example, a parking space in a building from January 1 is an object of ownership.

Car spaces - individual real estate objects

The new paragraph of paragraph 1 of Article 130 of the Civil Code of the Russian Federation classified a parking space as immovable things (along with residential or non-residential premises) (clause 1 of Article 1 of Law No. 315-FZ). Parking space- these are parts of buildings or structures intended to accommodate vehicles, if the boundaries of such premises, parts of buildings or structures are described in state cadastre.

The main thing that follows from this concept: a parking space is, first of all, part of a building or structure, i.e. part land plot There will be no parking space. Another condition is the establishment of the boundaries of the part of the building or structure allocated for a parking space in the state real estate cadastre.

The commented law made corresponding changes to the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ). Thus, information that the premises are intended for parking spaces in the building is entered into the real estate cadastre (Part 19, Article 8 of Law No. 218-FZ in new edition) (clause 2 of article 5 of Law No. 315-FZ).

The new rules establish methods for determining boundaries for parking spaces: by applying markings to the surface of the floor or roof (paint, using stickers or other methods) (Part 6.2 of Article 24 of Law No. 218-FZ - as amended) (subclause d Clause 5 of Article 5 of Law No. 315-FZ).

An already existing property that meets the characteristics and characteristics of a parking space is recognized as a parking space if the rights to it were registered before the entry into force of Law No. 315-FZ (Clause 1, Article 6 of Law No. 315-FZ). In this case, the current owner does not need to replace previously received documents.

These documents retain legal force and do not require re-registration, but the owner can submit an application to bring the type of object named there into compliance with the new changes (Article 6 of Law No. 315-FZ).

In addition, co-owners of a building or structure adapted for parking have the opportunity to register ownership of each parking space individually (or a number of parking spaces in one room).

Thus, according to paragraph 3 of Article 6 of Law No. 315-FZ, from January 1, co-owners of a building or structure can allocate a share in such real estate in kind, defining the boundaries of a parking space, and register ownership of it.

Since these provisions of Law No. 315-FZ came into force on January 1, 2017, registration of ownership of allocated shares is carried out according to the rules established by Federal Law No. 218-FZ dated July 13, 2015 “On State Registration of Real Estate”.

At the same time, the applicant registering the ownership of the share allocated in kind does not need to provide the consent of all co-owners for such registration.

It is enough to bring to the registration authority an agreement of co-owners or a decision of a general meeting on the procedure for using real estate that is in common shared ownership.

After the last parking space has been allocated and registered by the last co-owner, the right of common shared ownership of real estate will stop. However, the property that will remain after the allocation of shares in kind and will serve for passage (travel) to the parking space is considered the common property of the owners of the premises and (or) parking spaces (clause 5 of Article 6 of Law No. 315-FZ). Owners are not required to separately register ownership of the remaining property.

Let us note that these provisions are transitional and apply only to those buildings and structures that were built, and the right of common shared ownership was registered before the entry into force of the law under comment.

It should also be borne in mind that these rules apply only to cases where immovable object the right of common shared ownership is registered. This procedure for allocating shares does not apply to cases where real estate is under the right of common joint ownership.

In addition to registering rights to housing through privatization, the legislation allows for the possibility of obtaining ownership of a parking space. The procedure for transferring rights to a parking space is regulated and differs significantly from the program for the privatization of residential premises.

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Concept

The privatization of a parking space in the yard is directly related to the emergence of ownership of residential premises in the house.

Purchasing a home by one of possible ways, including through privatization, gives rise to the owner’s right to part of the common property and local area building.

This property will also include a parking space.

Parking space

The concept of a parking space is contained in, this property acquires the status of a real estate object from the moment of state registration of the right to it in the prescribed manner.

To be able to register this right, citizens must confirm the legality of ownership of a separate part of the general parking lot.

The right to legal ownership of a parking space arises in the following cases:

• registration of ownership of premises in an apartment building;
• paid acquisition of the right to part of a parking space by a person who has the right to use residential premises;
• purchasing a parking space in separate parking complexes or in permanent parking lots.

Based on the essence of these grounds, the opportunity to privatize a parking space, i.e. register ownership free of charge, arises only in the event of the emergence of ownership rights to common property apartment building.

Privatization

Re-registration of rights to a parking space is carried out free of charge if the owner of the property confirms his right to part of the general property assets of the building.

If housing in a building is purchased through a purchase and sale agreement, the owner already actually owns the parking space if it is officially listed on the balance sheet of the building.

To re-register rights to a parking space, it is required that part of the general parking lot be separated from neighboring spaces by applying special markers on the floor surface or other enclosing elements. In this case, part of the parking lot can be individualized as an independent object during technical and cadastral works.

Securing ownership is only possible for a parking space that meets the legal requirements for length and width.

The following parking space parameters are set:

• minimum size – 5.3 x 2.5 m.;
• maximum size – 6.2 x 3.6 m.

If the specified restrictions are observed, the parking space will be registered in accordance with the established procedure.

The procedure for transferring rights to parking spaces in the “people's garage” deserves special attention.

This program was actively developed by the Moscow government in order to solve the problem with parking spaces in the capital. Plots of these parking lots are distributed among the owners, so each individual parking space can be registered as property.

Local area

The property of each apartment building includes the adjacent territory, which is a plot of land intended for servicing the building and ensuring normal living conditions for citizens. The formed territory near the house can be used for various purposes, which the owners themselves have the right to determine.

Official parking spaces near the house are allowed only with the permission of the general meeting of owners of residential premises.

The legal basis for the installation of a parking lot will be the minutes of the general meeting of premises owners.

Legislation

Until recently, the allocation of parking spaces as independent real estate objects was not reflected in the legislation.

1. With the adoption, the situation changed, citizens had the opportunity to register ownership of their part of the parking lot.
2. , which regulates the procedure for re-registration of housing rights, has no relation to the privatization of parking spaces. This procedure has an indirect influence Housing Code RF, which determines the principles of using the local area of ​​apartment buildings.

Video: on what grounds

The procedure and possibility of privatization of the local area

Privatization of the local area involves the formation of a land plot and registration of rights to it from the owners of apartments in the building.

To do this you need:

• register the plot of land with the cadastral register;
• determine its boundaries;
• and register ownership.

Documentation

To re-register rights to a plot of land near the house, you must contact local authorities to obtain the appropriate permit.

The initiator of such an appeal may be:

• as individual owners;
• and groups of citizens.

In addition, these actions can be performed by the developer of a residential building after putting it into operation.

To carry out the procedure for registering property rights, the following documents will be required:

• permission to construct a building (if the subject of registration of rights is a newly built structure);
• project documentation that defines the boundaries of the site near the house;
• cadastral and technical documentation on the land, prepared by a cadastral engineer;
• title documents for residential premises in the house;
• administrative document of local authorities on the transfer of land into ownership of apartment owners.

Based on the results of reviewing these documents, the Rosreestr authorities will carry out the cadastral registration procedure and formalize the rights to the local area.

Getting permission

Registration of permission to transfer a plot of adjacent territory is carried out taking into account the norms of the Housing and Land Codes of the Russian Federation.

This opportunity exists only after the house has been put into operation and the boundaries of the site have been determined.

For this purpose, local authorities use:

• cadastral registration information for adjacent land properties;
• information from urban planning and land management plans and regulations.

If the intended purpose privatized plot contradicts the town planning documentation, it will be necessary to change the type of permitted use and intended purpose land allotment.

What is the price

Registration of the local area occurs free of charge within the boundaries specified in the building permit.

However, at various stages of registration of rights it will be necessary to pay obligatory payments and fees - the price for the production of technical and boundary documentation, fees for the registration procedure, etc.

These payments are made at the expense of the owners of the residential premises of the house.

Law on the privatization of parking spaces

Regulates in detail the procedure and conditions for registering ownership of a parking space.

These requirements include:

• compliance with minimum and maximum sizes separate parking space;
• no boundary dispute of this object with the owners of adjacent parking spaces;
• availability of means for individualizing parking spaces among similar objects.

This regulatory act contains requirements for the design of a technical plan for a parking space and the procedure for determining its boundaries.

Coordination with the owners of the premises of the selected parking location

If a dispute arises regarding the establishment of the boundaries of a separate parking space, it will be necessary to draw up an act to resolve these disagreements. Such an act can be drawn up during the activities of a cadastral engineer or in court.

Coordination of the selected location takes into account cadastral registration information for adjacent objects.

In their absence, this procedure consists in the distribution of spaces on an equal basis between the owners of the common property right to parking.

Traffic rules and fine system

If the owners of residential premises of an apartment building have formed a site near the house and officially legalized parking, they are subject to application on this territory Rules traffic .

30.11.2016

In January 2017, a law came into force recognizing parking spaces as real estate and officially including them in civil turnover. So, our new article will tell you what these novels are and what they will lead to.

Let's say right away - physical and legal entities“sold”, exchanged and even left parking spaces as an inheritance, although Russian law did not consider them a separate species property. This caused certain legal conflicts when people went to court to defend their rights and received refusals with explanations that a parking space is not a separate thing with individual characteristics. It is considered an inseparable component of a premises or structure, which is subject to registration only as part of real estate [Determination of the Primorsky Regional Court in case No. 33-12038/2015 of 01/13/2016].

All this caused discontent among Russians. Finally, an understanding of this fact reached the legislator, who admitted that parking spaces have long become an object of civil circulation. Therefore, in the summer of 2016, the Federal Assembly adopted a normative act that amended a number of laws. These novellas concern legal status parking spaces and come into force on January 1 of next year.

Definition of the term

The government has finally defined the term. It is contained in the Civil Code of the Russian Federation [note: Town Planning Code of the Russian Federation]. Based on the new standard, a parking space is a part of a building/structure intended only to accommodate a car, motorcycle, or other vehicle(hereinafter - t/s) [note: author's insert]. This area may have construction or other fences, or not have them at all. However, at the same time, its boundaries must be described as required by the legislation on cadastral registration [Town Planning Code of the Russian Federation N 190-FZ dated December 29, 2004 (as amended on July 3, 2016), clause 29, art. 1].

As an attentive reader can see, the article gives fairly clear signs of a parking space. Its main function is to place the vehicle. It is not intended for anyone else. Further, the legislator still considers the place to be part of the object. It was like that before. However, now the authorities have agreed that the territory for individual placement of a vehicle may not have boundaries in the form of walls or buildings.

Previously, the courts, as a rule, believed that registration of a parking space as real estate is possible only if it is built in the form of a premises and meets the requirements of such [Determination of the Primorsky Regional Court in case No. 33-12038/2015 of 01/13/2016] . Now it turns out that a parking space may not have visible fences, but is still considered real estate, if, of course, its boundaries are established in the Unified State Register of Real Estate [note: From January 1, 2017, the Unified State Register of Real Estate and State Property Register databases are combined into the Unified State Register of Real Estate. Art. 7 of the Federal Law of July 13, 2015 N 218-FZ (as amended on July 3, 2016) “On State Registration of Real Estate”].

Introduction of parking spaces into civil circulation

Having defined the term, the legislator simultaneously introduced a parking space into civil circulation, adding a new norm to the Civil Code of the Russian Federation [Civil Code of the Russian Federation, P.1., Art. 130]. Now the location of the car, regardless of the presence of a fence, is officially considered real estate. It can, for example, be pledged under a mortgage agreement [Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)”, Clause 6. P.1. Art.5]. Although, to be honest, subjects of civil legal relations had already mortgaged such places, and the courts foreclosed on them. True, we were talking only about fenced areas. That is, in fact, garage boxes. Thus, the district court of Barnaul, following a claim by VTB 24 (PJSC), in July 2016 foreclosed on the mortgaged parking spaces [Decision of the Zheleznodorozhny District Court of Barnaul Altai Territory in case No. 2-25/2016 dated 07/04/2016]. And no one was particularly surprised by this. But from January 1 of next year, unfenced areas on the territory may also become the subject of collateral. Accordingly, registration of the mortgage of such objects must also take place in accordance with the law [Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)”, Clause 5. Art.20].

Technical nuances of entering information into the Unified State Register of Real Estate. Individual registration of rights

Now information about an unfenced parking space must also be entered into the Unified State Register of Real Estate [Federal Law of July 13, 2015 N 218-FZ (as amended on July 3, 2016) “On State Registration of Real Estate,” P.7. Article 1]. Previously, Rosreestr did not carry out cadastral registration of such objects. And the court, in turn, supported the position of the Federal Registration Service [note: Office of the Federal Registration Service]. So in 2015, the Ivanteevsky city and Moscow regional courts rejected the citizen’s claim and did not regulate parking spaces. According to the judges, the parking lot was not a separate and separate premises. Therefore, it cannot be registered as an independent object of law" [Appeal ruling of the Moscow regional court in case No. 33-22910/2015 dated September 30, 2015]. From January 1, 2017, such a situation cannot arise in principle. In addition, registration [note: State cadastral registration] in relation to parking spaces will be carried out simultaneously with the implementation of state cadastral registration for the building itself" [Federal Law of July 13, 2015 N 218-FZ (as amended on July 3, 2016)" On state registration of real estate", P.4. Part 5. Article 14].

Accordingly, a reference to the parking space must be present in the inspection report and in the technical plan for inclusion in the Unified State Register. And on the plan itself, the parking space is depicted as a geometric figure. In addition, if the owner wants, then the virtual boundaries of his parking space, unfenced by walls, blocks or pillars, can be fixed directly on the floor with special paint [Federal Law of July 13, 2015 N 218-FZ (as amended on July 3, 2016) “On state registration of real estate", Part 6.3. Art.24].

Further, real estate that fits the new legislative definition of a parking space is recognized as such by force of law [Federal Law of July 3, 2016 N 315-FZ “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, Art. 6]. Accordingly, the state does not require changing documents or making changes to the Unified State Register in relation to such an object. Moreover, valid documents in which the parking space is indicated as property have legal force.

However, the owner of such real estate can send an application to Rosreestr with a request to update the information in the Unified State Register of Real Estate about his property, in accordance with the new law.

Share allocation

As for the owners of common shared property, from January 1 of the next year, each of them has the right to allocate their machine spaces in kind, as well as determine their boundaries, as required by the law on real estate registration [Federal Law of July 3, 2016 N 315-FZ "On amendments to part one of the Civil Code of the Russian Federation and certain legislative acts of the Russian Federation", P.3. Art.6] and register ownership of them.

Until now, judges have quite often denied this right to shareholders of parking lots and parking lots. In their decisions, the courts indicated that the allocation of a share is impossible without causing damage to the entire parking lot, as well as the fire extinguishing system, power supply, and so on [Decision of the Sovetsky District Court of Novosibirsk in case No. 2-90/13 of September 23, 2013]. Now everything has changed. The owner can claim his share. Moreover, to carry out this procedure and register the right, the consent of all co-owners is not required. True, this condition only applies if the applicant simultaneously sends to the Federal Registration Service [Federal Law of July 3, 2016 N 315-FZ “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, P.3. Article 6] minutes of the meeting or agreement/agreement of the owners on the rules for using the object in shared ownership.

It is also worth noting that the right of common ownership of the object where these places are located will cease from the date of allotment of the share in kind by the last owner and registration of ownership rights by him. As for driveways, passages, as well as other property that will remain after the allocation of all shares (for example, barriers), it will continue to be considered a common share.

Brief conclusions

When thoughtfully studying something new normative act It turns out that the state has simply legalized the already established practice regarding the circulation of parking spaces. Now you can sell, buy and inherit such objects legally. No more. However, there are also radical changes. Thus, the authorities recognized unfenced parking areas as the same objects of law as individual premises. And finally, shareholders have a real opportunity to allocate their share of parking in kind. These are, of course, serious stories.

However, in fairness it should be said that all these innovations mainly concern only underground parking lots and multi-storey car parks. The legislator has not decided to recognize as objects of law places in separate parking lots or parking lots not associated with a building or structure. Apparently, the resolution of this issue has been postponed indefinitely.