Since the new year, the status of the parking lot has changed, it has become an independent object of real estate. The owners of the share in the parkings built before this can highlight their parking lot from common property.
More recently, acquiring a place in the underground parking under residential houseBuyers received a stake in a non-residential building, which included machine-space. To understand exactly where the purchased parking is located, it was impossible. And if the machine was required to sell, for this it was necessary for the written consent of the remaining owners of places in Parking.
From January 1, 2017, the place has become an independent real estate object. In the new parkings they have their own rooms and clearly installed boundaries. Buyers can fully dispose of the parking lot without receiving any permission. At the same time, the owners of the shareholders in the complexes built up to this point have the opportunity to allocate its parking lot in Parking and arrange property.
As explained in Rosreestre, if the car is responsible necessary requirements, each participant is general dolly ownership It has the right to allocate its share, establish its borders and in accordance with Federal Law No. 218-FZ to register property on the machinery.
"In order to distinguish the machinery from the common property and register the right to him, to obtain the consent of the remaining participants in equity ownership, provided that the owner of the share will be able to provide the Agreement of co-owners into Russia or the decision of the General Meeting, which determines the procedure for use real estatein general property, "- tells the head of the Mortgage Registration Department, registration participation in construction, registration of rights to objects of non-residential administration of the management of the Rosreestra Krasnoyarsk Territory Natalia Zaitseva.
Procedure for registration of the parking lot
The procedure for issuing ownership of the machinery is regulated by law No. 315-FZ "On Amendments to Civil Code" Article 6 of this law states: In order to highlight the place as an independent object, you need to install its borders. To do this, the owners of the share must appeal to the cadastral engineers who will prepare technical certificate The object and will cause the boundaries of the parking space in Parking so that it can be identified. The boundaries are indicated by paint or using special stickers.
What documents are needed to register the parking lot?
For the design of ownership of the machinerystitto, the owner must submit to the Rosestr or the multifunctional center a statement of registration of ownership of the machinery, attaching to it or an agreement of all co-owners, or the decision of the General Assembly, which determines the procedure for using real estate ownership of the total ownership.
Timing cadastral accounting and state registration Article 16 of the Federal Law No. 218-FZ "On State Registration Registration" and amount to 5-12 working days from the date of acceptance of an application for cadastral registration and state registration of rights. The size of the state duty for registration of ownership is established Tax Code RF and amounts to individuals Two thousand rubles.
When will the Rosreestr refuse to register the parking lot (parking)?
Mandatory condition for typing property - the machinery cannot be less or more than the size set for it. The utmost parameters of the parking space are defined in the order of the Ministry of Economic Development of the Russian Federation No. 792, which entered into force on January 1, 2017. Minimum size The parking lot is slightly more than 13 square meters (5.3 meters in length and 2.5 meters wide), the maximum is 22.5 square meters (6.2 meters in length and 3.5 meters wide).
Not all the parking lot can be made in the property. Until now, the sizes of the parking lot in the parking records were established depending on the class of cars, which were planned to be placed on such parking. Therefore, the parking lot can be designed for low-fat cars with a length of 3.7 meters and a width of 1.6 meters. If the borders of the new parking lot coincide with the boundaries of other premises or machine-places or the area of \u200b\u200bthe machine-space does not comply with the requirements of the legislation, the Rosreestr will refuse Rosreestr.
Federal Law No. 315-FZ dated 03.07.2015 in the Gradual Code of the Russian Federation No. 190-FZ dated December 29, 2004, the definition of machine-space was introduced
№190-FZ Article 1 of paragraph 29 The car - intended solely for the placement of the vehicle, the individually-defined part of the building or structure, which is not limited or partially limited by the construction or other enclosing construction and the boundaries of which are described in the established law on state cadastral accounting order.
Federal Law of July 13, 2015 N 218-FZ "On State Registration Registration", which came into force on January 1, 2017, regulates the procedure for cadastral accounting and state registration of ownership of the machine-space. (Download FZ №218 dated 07/13/2015)
Why do you need a technical plan for machine-space?
Recognition of the machine-site of real estate legalized its setting on cadastral records and registration of property rights. The ownership of the facility makes it possible to dispose of this property. Since 2017, any participant in civil-legal relations can sell, buy, rent, pass by inheritance and lay the car. Even if it is an ordinary venue without walls or fences.
Registration of ownership is impossible without prior cadastrovlo accounting for real estate. For cadastral recordings, it is necessary to prepare a technical plan for the machine.
Where to get a technical plan for the machine?
Preparation and design technical Plan Exercises only the cadastral engineer.
To prepare a technical plan, you can refer to the specialists of our company either in another organization having certified cadastral engineers in the staff. Our cadastral engineers have extensive experience and high qualifications in this area.
How to order a technical plan?
Normative base
1. Definition of the machine-places was introduced into the city Code of the Russian Federation No. 190-ФЗ dated December 29, 2004 by Federal Law No. 315-FZ dated 03.07.2015
2. The procedure for registering rights and cadastral accounting is governed by the Federal Law "On State Registration Registration" of 13.07.2015 N 218-FZ. (Download FZ №218 dated 07/13/2015)
3. Requirements for the technical plan are described in Art.24 218-FZ.
About the location of the machine-space:
218-FZ Art.24 p.6.1. The location of the machine-space is installed by graphic display on the floor plan or part of the building of the building or the structure (in the absence of a floor at the building or facilities - on the plan of the building or the structure) of the geometric figure corresponding to the borders of the machine-space. (Part 6.1 is introduced by Federal Law of 03.07. 2016 N 315-FZ)
About the borders of the machine-space:
218-ФЗ Art.24 p.6.2. The boundaries of the machine are determined project documentation Buildings, facilities and are designated or fixed by a person engaged in the construction or operation of the building, facilities, or the owner of the right to the machine-place, including by applying to the surface of the floor or roof markup (paint, using stickers or other methods). The boundaries of the machine-space on the floor (in the absence of a story - in the building or construction) are set either recovered by determining the distance from at least two points in direct visibility and fixed with long-term special labels on the inner surface building structures The floors (walls, partitions, columns, on the floor surface (hereinafter - special labels), to the characteristic points of the boundaries of the machine-space (dots of dividing the boundaries on the part), as well as distances between the characteristic points of the machine-space boundaries. Square of machine-spaces within The established boundaries must correspond to the minimum and (or) maximum permissible size of the machine-space established by the regulatory regulatory authority. (Part 6.2 is introduced by Federal Law of 03.07.2016 N 315-FZ)
218-FZ Art.24 6.3. At the request of the customer of cadastral works, the coordinates of special tags can be additionally defined. At the request of the owner of the right to the machine-place, the characteristic points of the borders of the machine-space can be additionally secured by special marks on the floor surface. (Part 6.3 introduced by federal law from 03.07.2016 N 315-FZ)
4. Order of the Ministry of Economic Development No. 953 of December 18, 2015
On approval of the form of the Technical Plan and the requirements for its preparation, the composition of the information contained in it, as well as the forms of the Declaration of Real Estate, the requirements for its preparation, the composition of the information contained in it (as amended by the Order of the Ministry of Economic Development of 01.11.2016 No. 689) (download Order No. 953 of 12/18/2015 in the editorial office of Order No. 689 of 01.11.2016)
- Form of the Declaration on Real Estate Object, Annex to Appendix No. 3 to the Order of the Ministry of Economic Development of Russia of December 18, 2015 No. 953 in the editorial office of the Order of the Ministry of Economic Development of Russia of November 11, 2016 No. 689. Download Declaration on Real Estate Object 2017
- Form of Technical Plan, Appendix No. 1 to the Order of the Ministry of Economic Development of Russia of December 18, 2015 No. 953 as amended by the Order of the Ministry of Economic Development of Russia
from 01.11.2016 № 689. Download Technical Plan 2017
5. Order of the Ministry of Economic Development No. 792 of 07.12.2016 It establishes the limit minimum and maximum permissible size of the machine-spaces (download Order No. 792 from 12/07/2016):
- minimum size of machine-space 5.3 * 2.5 m
- maximum size of machine-space 6.2 * 3.6 m
6. On the preservation of rights to objects on January 1, 2017, which meet the requirements and characteristics of the machine-space, see Article 6 Federal Law from 07/03/2016 N 315-FZ.
№315-FZ st.6 p.1. The real estate object that meets the requirements and characteristics of the machine-space (regardless of its compliance with the minimum and (or) maximum permissible size of the machine-places) and the rights to which are registered until the day of entry into force of this Federal Law is recognized by the machine-place. No replacement of previously issued documents or making changes in them, making changes to the recording of a single state register of real estate regarding the real estate object specified in this part. Documents received before the day of entry into force of this Federal Law, which certify the ownership of real estate objects and in which the type of real estate object is indicated by the machine, retain their legal force and do not require renewal. The boundaries of the property specified in the present part are recognized by the borders of the machine-space, regardless of the compliance of their description by the requirements established by the Federal Law of July 13, 2015, N 218-FZ "On State Registration Registration" (as amended by this Federal Law).
№315-FZ st.6 p.2. The copyright holder of the real estate object specified in Part 1 of this article has the right to submit to the executive authority that maintains a single state register of real estate, an application for accounting for changes in the information of the Unified State Register of Real Estate in terms of bringing the type of real estate object in accordance with the requirements of the Federal Law of July 13, 2015 of the year N 218-FZ "On State Registration Registration" (as amended by this Federal Law), the form of which is approved by the federal executive authority authorized to implement the functions on regulatory management in the field of conducting a unified state register of real estate, the implementation of state-owned real estate cadastral accounting , State registration of rights to real estate and transactions with it, providing information contained in the Unified State Real Estate Register.
№315-FZ Article.6 p.3. In the event that, before the day of entry into force of this Federal Law, a share in the right of common property on premises, buildings or structures intended for accommodation was recorded in the Unified State Register of Rights to Real Estate and Transactions vehicle, each participant in total share ownership is entitled to implement its share of its share by determining the borders of the machine-place in accordance with the requirements of the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" (as amended by this Federal Law), as well as Register ownership of the car. For allotment in nature, the share in the right of common ownership of the premises and registration of ownership of the machine-place the consent of other participants in equity ownership is not required if the participant of common share ownership will submit to the authority that carries out state registration of the rights, the consent of all owners or the decision of the General Assembly, Determining the procedure for using real estate in total ownership.
№315-FZ st.6 p.4. Prior to the termination of the right of the overall ownership of the premises, the owner of the machine-space formed in accordance with part 3 of this article has the right to use the property remaining after the separation of the machine and necessary for the passage or travel to the location, and is the burden of such property. In the amount that existed before the separation of the machine, in the manner prescribed by the legislation of the Russian Federation.
№315-FZ Article 6 p.5. The total share ownership of the premises, within the boundaries of which the objects formed in accordance with part 3 of this article are arranged, ceases from the day the share of the share of the share of ownership of the machine-place in nature. The property, which remained after the separation of the total property on the premises, buildings or structures, intended for the placement of vehicles, as well as the registration of rights to machine-space and necessary for the passage or travel to the machine-places, is the common property of the owners of the premises and (or) Machine-places.
Documents required for the preparation of the Technical Plan
If the placement of the machine is carried out in accounting building or construction:
- Participation Agreement, Admission Act, Court decision
- Technical Passport, Project Documentation
If there is a statement in relation to all premises and places in the building, constructing simultaneously with the implementation of state cadastral accounting for this building, construction or in case the ownership of this building, the construction has already been registered in the Unified State Real Estate Register, then the State Cadastral Accounting carried out without simultaneous state registration of rights.
Cost of technical plan
- Technical plan for the machine-space - 10 000 rubles, from 10 pcs - 8 000 rubles, from 20 pcs -ng.
Why are we?
- consult free of charge
- we work for the result
- individual approach
- extensive work experience
- high qualifications of specialists
- real time
- certified cadastral engineers in staff
- geodesic work without intermediaries
- help in solving complex tasks
Our cadastral engineers are lawyers in the field of land relations, which have an understanding of the mechanism of formation and change in information about real estate. They see the problem as a whole, paying cumulative attention, both land and objects capital constructionsubject to cadastral accounting and registration. In the field of view of the professional cadastral engineer, there are numerous aspects that arise when issuing land and property relations to obtain the intended result of cadastral work and prevent the emergence of situations contrary to current legislation.
From January 1, 2017, cars belong to real estate, along with residents or non-residential premises. The procedure for describing the boundaries of machine-places, their registration for public cadastral records is established, the procedure for the State Registration of Rights has been determined. Commenting the innovations 1C experts.
Federal Law of 07/03/2016 No. 315-FZ (hereinafter referred to as Law No. 315-FZ) made a number of significant changes to civil law. So, for example, a machine-place in a building from January 1 is the object of ownership.
Machine-spaces - individual objects of real estate
The new paragraph of paragraph 1 of Article 130 of the Civil Code of the Russian Federation attributed to real estate (along with residential or non-residential premises) Machine-place (paragraph 1 of article 1 of Law No. 315-FZ). Machine-place - These are parts of buildings or structures designed to accommodate vehicles if the boundaries of such premises, parts of buildings or structures are described in the state cadastre.
The main thing is that follows from this concept: machine-place is, first of all, part of the building or facilities, i.e., part of the land plot will not be machine-place. Another condition is to install the boundaries of the part of the building or the structure allocated under the machine-place in the state real estate cadastre.
The commented law made appropriate changes in the federal law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" (hereinafter - Law No. 218-FZ). So, the information that the room is intended for machine-places in the building is made to the real estate cadastre (Part 19 of Art. 8 of Law No. 218-FZ in new edition) (paragraph 2 of Art. 5 of Law No. 315-FZ).
New rules enshrine ways to determine the boundaries for machine-spaces: by applying to the surface of the floor or roof markup (paint, using stickers or other methods) (part 6.2 of article 24 of Law No. 218-FZ - in a new edition) (PP. D paragraph 5 of Art. 5 of Law No. 315-FZ).
The existing object of real estate that meets the characteristics and signs of the machine-space is recognized by the machine, if the rights to it are recorded before the entry into force of Law No. 315-FZ (paragraph 1 of Article 6 of Law No. 315-FZ). At the same time, the current owner does not need to replace previously obtained documents.
These documents maintain legal force and do not require renewal, but the owner may apply for the type of object named there in accordance with the new changes (Article 6 of Law No. 315-FZ).
In addition, the co-owners of the building or facilities adapted for the parking lot appeared the opportunity to register the ownership of each machine-space separately (or a number of machine-places in one room).
So, according to paragraph 3 of Article 6 of Law No. 315-FZ since January 1, the co-owls of the building or structures can allocate a share in such real estate in nature, determining the borders of the machine-space, and register ownership of it.
Since these provisions of Law No. 315-FZ entered into force on 01/01/2017, the registration of ownership of the allocated shares is made according to the rules established by the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate".
At the same time, the applicant registering the ownership of the share allocated in Nature, it is not necessary to provide the consent of all co-owners to such registration.
It is enough to bring to the registering authority the agreement of the co-owners or the decision of the General Meeting on the procedure for the use of real estate in total ownership.
After the last machine-place is allocated and registered and registered, the right of total ownership of real estate will cease. However, the property that will remain after the separation of the nature in kind and will serve for the passage (travel) to the machine-place, considers the common property of the owners of the premises and (or) machine-places (clause 5 of Article 6 of Law No. 315-FZ). Register separate ownership of the remaining property owners is not required.
It should be noted that these provisions are transitional and distributed only to those buildings and structures that were built, and the right of total share ownership is registered before the commented law enters into force.
It should also be borne in mind that these rules apply only to cases where the right of common ownership is registered on the real estate. Such an order of allocation of shares in cases where immovable property is on the right of general joint ownership.
From 01/01/2017, with the entry into force of 218-FZ "On state registration of real estate", changes were provided in promoting the machine. This long-awaited amendment has finally entered into force.
What exactly has changed?
Earlier, the law did not even mention such an object as a machinery. The developers have long been selling such an object of real estate for a long time, but no one knew him to fully arrange him in his property. In fact, the buyer acquired not a separate machinery and a stake in common roomthat of course did not suit anyone, because The right to use in this case is limited. There are examples of the design of the machine as premises or as garage boxes, but this is an incorrect setting, because Such an object does not have actual boundaries (no walls, no fences). To developers and ordinary buyers of the Messenger had to get out in every way to be full of the owners of this object. And so finally the object appeared in the law:
FZ-218 Art. 1 .p. 7. State cadastral records of real estate - introduction to the Unified State Register of Real Estate Information about land plots, buildings, facilities, premises, machine-places, about objects of unfinished construction, about unified real estate complexes, and in cases established by federal law and other objects that are firmly related to the Earth, that is, the movement of which is impossible without disproportionate damage (hereinafter also - real estate objects) that confirm The existence of such an real estate object with characteristics to determine it as an individually-specific thing, or confirm the termination of its existence, as well as other information provided for by this Federal Law (hereinafter referred to as the State Cadastral Accounting)
In accordance with Part 10 of Art. 24 of the Federal Law of July 13, 2015 No. 218-FZ "On State Real Estate Registration" Cadastral registration of the parking lot is carried out on the basis of the Technical Plan. It is drawn up on the basis of the following documents:
· permission to commission the building (facilities) in which the machine is located;
· design documentation of the building (facilities) in which the machinery is located;
· Guidelines for the machinery
According to part 6.1 of Art. 24 Law No. 218-ФЗ Location of the machine-space is set by graphic display on the floor plan or part of the floor of the building (facilities) of the geometric shape corresponding to the boundaries of this machine-space.
At the object of the boundary, the figure of the machine-space is established by determining the distance of at least two points that are in direct visibility and fixed with long-term special labels on the inner surface of the building structures of the floor (walls, partitions, columns, on the floor surface, to the boundaries of the machinestore or division dots Borders on the part), as well as distances between the dots of the borders of the machine-space.
As a result, the border of the machine-space is indicated by applying markings on the floor or roof.
At the same time, the area of \u200b\u200bthe machine-space should correspond to the minimum and (or) the maximum allowable size of the machine-space. Size requirements are established by the legal act of the Ministry of Economic Development. The inconsistency of the area formed the machine-place this requirements is the basis for the suspension of the process of setting on cadastral records and state registration of ownership.
Pre-trained machinestore.
Previously issued documents to reissue are not required, they retain their legal force. But owners can apply to the registering authority to change information about the objects that are specified as a premises as a parking lot.
What to make the owner of the parking library as a share of common property?
It is possible to implement in nature in nature by determining the borders of the parking lot in accordance with the requirements of Law No. 218-FZ and register ownership of it.
To produce the parking lot on cadastral records, it is necessary to confirm its right to it, providing the Agreement of all co-owners to Russia or the decision of the General Assembly, which determines the procedure for the use of real estate property in total ownership or other participants in equity ownership.
