Above-ground multi-level parking is one of the most advanced ways to solve the parking problem. It solves the issue of land shortage by significantly increasing the number of parking spaces. Well, the most a good option is an automated multi-level parking. The presence of elevators replaces owner parking vehicle for parking a car with a lift, which saves time and increases the number of cars for parking. This type of parking is suitable for middle class drivers.

Underground parking is located in the basement or basement no higher than 2 m from ground level. This is the most expensive type of car parking, and also has a limited number of parking spaces.

At the beginning of 2017, a law was passed on declaring Machine - places official property. If Parking space has signs of a room (isolated, has partitions), it can be designed as real estate object, V otherwise The rules on common shared ownership apply to relations. To be recognized as an object of real estate, Parking space must be registered in the cadastral register. Parking space may become the subject of a mortgage along with other real estate objects. And when calculating property tax individuals for Parking space used tax rate in an amount not exceeding 0.1% of its cadastral value.

30.11.2016

In January 2017, a law came into force recognizing parking spaces as real estate and officially including them in civil circulation. 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 they “sold”, exchanged and even inherited parking spaces, although Russian law did not consider them a separate type of 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 whole series laws. These innovations concern the legal status of 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 - vehicle) [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 Russian Federation N 190-ФЗ 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 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 dated July 16, 1998 N 102-FZ “On mortgage (real estate pledge)”, Clause 6. P.1. Art.5]. Although, to be honest, the subjects civil rights relations, and up to this point, such places were mortgaged, 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 the claim of VTB 24 (PJSC) in July 2016, foreclosed on the mortgaged parking spaces [Decision of Zheleznodorozhny district court Barnaul, Altai Territory in case No. 2-25/2016 dated July 4, 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 the state cadastral registration on 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 a wall, 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 necessary. 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 common property on the object where these places are located will cease from the date of allocation in kind of the share 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 common property.

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. Nothing 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, to be fair, it should be said that all these innovations mainly concern only underground parking lots and multi-storey parking lots. 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.

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From January 1, 2017, Russians have another type of property - parking spaces. All that remains is to take care of their registration

Recently, Russian President Vladimir Putin, among other legislative acts, signed 315-FZ, which for some reason is not talked about much here, but which most directly concerns a huge number of domestic motorists. We are talking about the recognition as real estate of places intended for the placement of vehicles. Or, as they are popularly called, parking spaces.

Dispute between capitals and jurists

The story of whether car storage spaces are real estate or not has a long history. We are, of course, not talking about permanent garages. If the latter were purchased at the expense of citizens and registered in accordance with all the rules, there is no doubt: this is real estate. But in Russia, most cars spend their lives in rather poorly equipped premises or generally, so to speak, in the open air. The question arises, what to do in this case?

For a long time, this issue was left to the regions, and each of them solved it independently. The discrepancy was very significant. For example, in Moscow they have been registering parking spaces since 2006, but in St. Petersburg they refused to do this.

This distinction mirrored the two diametrically opposed approaches taken by our jurists. Some took the position that the parking space was worthy of recognition as a piece of real estate, while the other half did not recognize it as such.

IN judicial practice The prevailing approach was in which a parking space was not considered an independent piece of real estate, but was recognized as such if it was part of some other piece of real estate (building, structure), and the owner of this parking space, in turn, was a shared owner of the main piece of real estate.

True, part of the judiciary approached the resolution of this conflict from other positions. These experts believed that a parking space has the characteristics of an independent real estate object due to the fact that it is endowed with unique properties characteristic only of it. Car spaces are entered in technical passport object, they are reflected in project documentation, and the owner of the parking space may be a person who does not live in this or a nearby house. Moreover, in its essence it is not a place of public use, but serves the needs of a specific citizen.

According to the CEO of Etalon-Invest, Daniil Seledchik, this confrontation between the two approaches could have continued for a long time if the Ministry of Economic Development had not issued a special clarification in May 2015. It says that staging on state cadastre New registration of parking spaces is possible only as a separate room or building.

In this case, the parking space must have certain and only inherent design features: for example, a fence separating this parking space from neighboring ones. If there are no such structures, then it is not a real estate object. And therefore, cannot be involved in civil circulation.

Big traffic jam

On the one hand, the letter brought some clarity to this confusing issue. On the other hand, problems began with registering parking spaces - where they were registered, in particular in Moscow.

As a result, a large number of applications for registration of parking spaces accumulated, and citizens could not carry out any transactions with them. But we must understand that we are talking about a big economic problem.

It is clear that many parking spaces are inexpensive, but there are also many that can fetch quite a lot of money. For example, some parking spaces in the center of Moscow can be as expensive as an apartment somewhere on the outskirts of the city.

As a result, a small, generally speaking, purely local problem began to quickly turn into a serious national issue.

In this situation, Rosreestr proposed a scheme for the legalization of parking spaces, which was presented to one of the high-ranking members of the Government of the Russian Federation. As pilot project An underground parking lot on Chistye Prudy was chosen. The official was clearly demonstrated how, with the help of fencing columns and signs on them, you can quickly turn an ordinary parking space into a real estate property. In this case, the boundary line allows you to measure the distance between two parking lots.

Now the property

The result of this work was the President’s March order to develop conditions for involving parking spaces in civil circulation. Rosreestr and the Ministry of Economic Development prepared a corresponding bill (the same 315-FZ), which was adopted by parliamentarians and signed by the head of state.

However, this was preceded by a serious struggle. Opponents of the bill pointed out that in this case an unlimited number of parking spaces could be painted on the asphalt. And now, in order to prevent such “artists” from going wild, the law has introduced the concept of “structure.” In other words, the place for the car must be equipped with something: it could be a fence, a concrete ramp or something else.

However, although the law has been adopted, some lawyers believe that it does not resolve all the nuances of the issue. For example, to what extent does the right to an indoor parking space extend: in other words, is it just a rectangle on the floor or does the corresponding figure stretch up to the ceiling? Who will be the owner of driveways and passages to parking spaces and who will be responsible for their condition?

But anyway new law quite important. And not only for citizens, but also for the construction industry, since it gives the green light to the construction and sale of additional facilities - parking spaces. And, by the way, from now on legal norms allow the construction of parking spaces using a mortgage, since they can now act as collateral.

Like any other real estate, parking spaces are now subject to state registration, which will be carried out by the Rosreestr authorities.

But in order to introduce parking spaces into full civil and economic circulation, it is necessary to develop a mechanism for converting them from shared ownership to individual ownership. It is assumed that if there is registration of common shared ownership of the premises, each owner receives the right to allocate his share and register his own parking space. But exactly how this will happen is not yet entirely clear.

Meanwhile, there is very little time left to develop the procedure: registration of a new type of real estate starts on January 1, 2017.

Vladimir GURVICH

Photo: fotki.yandex.ru, ndv.ru

BY THE WAY

Abroad they are also looking for a solution to the question of where and how to store cars and what legal status these places have. An interesting practice exists in Germany. How it operates in reality was directly observed by one of the leaders of our portal, who lived in Germany for several years.

In Germany, marked parking lots are located next to houses. In this sense, the situation is very similar to ours. But there is one important difference.

Each such place is assigned to a specific owner. He rents this plot, which has a specific number, and pays the appropriate rent for it. And no one has the right to park their car there for one minute. As a result, the owner of this parking space is always confident that he can park his vehicle here at any time of the day without any problems.

As our colleague said, one day, before his eyes, a German, a local resident, inadvertently parked his car in such a strange “field.” Noticing this, the owner of the parking lot immediately called the police. She arrived promptly and fined the offender, and the fine turned out to be quite substantial.

If such a system were introduced in Moscow, it would be a good help for motorists. After all, when approaching a house, a motorist cannot be sure that there is a parking space there. We believe that the capital’s authorities should study the German experience more carefully.

What are parking spaces or parking spaces as types of real estate?

Question about legal status parking spaces and parking spaces occupies a special place in the legislation of the Russian Federation.

Materials from judicial practice indicate the presence of 2 approaches to legal registration rights involving the use of a parking space.

In some cases, courts, based on data from technical (cadastral) passports, recognize a parking space real estate- premises as part of another property: non-residential premises (parking hall) or non-residential building(Resolution of the Federal Antimonopoly Service of the Moscow District dated June 30, 2008 N KG-A40/4518-08-1,2).

In other cases, courts believe that a parking space is not an independent thing, but is part of an immovable thing - a non-residential premises or a non-residential building, and the user parking space is a shared co-owner of this immovable thing, in respect of which an agreement between the participants in shared ownership or a court decision can determine the procedure for using the corresponding immovable thing (Resolution of the Third Arbitration Court of Appeal dated January 29, 2008 N A33-10690/2007) (Determination of the Supreme Arbitration Court of the Russian Federation dated October 27, 2011 N VAS-11450/11).

In 2015, the Ministry of Economic Development of the Russian Federation expressed its position regarding parking and parking spaces (letter dated May 26, 2015 N OG-D23-7475).

In accordance with Part 5 of Art. 1 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law), Art. 1 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law), state cadastral registration and state registration of rights are carried out in relation to land plots, buildings, structures, premises, unfinished construction projects.

The specified list of real estate objects is determined in accordance with Art. 2 of the Law on Cadastre, Article 3 of the Law on Registration in accordance with Articles 130, 131 of the Civil Code of the Russian Federation.

The Civil Code of the Russian Federation does not provide for the participation in civil circulation of a part of a real estate property as an independent object of civil rights.

State registration of ownership of part of the property is also not provided for (Articles 1, 26, 27 of the Registration Law).

In addition, the current legislation does not provide for the concept of “car space”.

The Urban Planning Code of the Russian Federation uses the concept “parking (parking space)” to designate a place intended for organized parking of vehicles. So, according to paragraph 21 of Art. 1 of the Town Planning Code of the Russian Federation, parking (parking space) is a specially designated and, if necessary, arranged and equipped place, which is also part of highway and (or) adjacent to the roadway and (or) sidewalk, shoulder, overpass or bridge, or being part of overpass or under-bridge spaces, squares and other objects of the road network, buildings, structures or structures and intended for organized parking of vehicles on a toll basis or without charging a fee by decision of the owner or other owner of the highway, owner land plot or the owner of the relevant part of the building, structure or structure.

Thus, according to the above definition of the concept “parking (parking space)”, such an object as a parking lot (parking space) may be part of buildings or structures, but not as an independent real estate object, but as a specially designated and, if necessary, arranged and equipped place intended for organized parking of vehicles.

In connection with these requirements, parking (parking space), as defined by the Town Planning Code of the Russian Federation, does not meet the criteria for premises. So, according to clause 14, part 2, art. 2 of the Federal Law of December 30, 2009 N 384-FZ “Technical Regulations on the Safety of Buildings and Structures” (hereinafter referred to as the Technical Regulations), a premises is defined as part of the volume of a building or structure that has a specific purpose and is limited by building structures.

Taking into account also the provisions of Part 2 of Art. 15 of the Housing Code of the Russian Federation and Part 7 of Art. 27 of the Cadastre Law, the premises must be isolated or separated from other premises in the building or structure. At the same time, by virtue of the provisions of the Cadastre Law, a description of part of the real estate property can be entered into the state real estate cadastre if restrictions (encumbrances) real rights apply to part of the property, for example, in the case of rent (Articles 7, 20, 25 of the Cadastre Law).

It should be noted that in this case the state registration of the corresponding restriction (encumbrance) of the property right is carried out.

Registration with the state cadastral register and state registration of ownership of an object “car space” is possible as a premises if the “car space” is created (built) taking into account the requirements of the law as a premises and satisfies the specified requirements for premises established by federal laws.

At the same time, in accordance with clause 5.2.6 of the Code of Rules N 154.13130.2013 "Built-in underground parking lots. Fire safety requirements", approved by order of the Ministry of the Russian Federation for civil defense, Emergency Situations and Elimination of Consequences of Natural Disasters dated February 21, 2013 N 117, in underground parking lots it is not allowed to divide parking spaces by partitions into separate boxes. In storage rooms passenger cars belonging to citizens, the use of mesh fencing made of non-combustible materials is allowed to allocate permanently assigned places.

If a “car space” does not meet the requirements set by federal laws for premises and does not have characteristics that allow it to be classified as real estate, after registration with the state cadastral register of the building or premises in which the “car space” is located, state registration is possible common shared ownership of such buildings and premises with the determination of shares in the ownership of them in proportion to the size of the “car spaces” located in such buildings and premises. The procedure for using “car spaces” can be determined by an agreement between the co-owners of the building or premises in which the “car spaces” are located, or by a court decision to determine the procedure for using these buildings or premises.

From 2017, a parking space will be recognized as an independent piece of real estate if it is part of a building or structure and has boundaries described on the basis of cadastral registration legislation. This is due to the adoption of Federal Law No. 315-FZ dated July 3, 2016 (comes into force on January 1, 2017, with the exception of certain provisions).

First of all, changes are being made to the Town Planning Code of the Russian Federation regarding the definition of the concept of “parking space” and “car space”.

Since 2017, these concepts have been officially separated.

Thus, a definition is given that a parking lot (parking space) is a specially designated and, if necessary, arranged and equipped place, which is also part of a highway and (or) adjacent to the roadway and (or) sidewalk, roadside, overpass or bridge, or is part of the overpass or under-bridge spaces, squares and other objects of the road network and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, owner of the land plot.

A parking space is an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in established by law on the state cadastral registration procedure.

According to Part 1 of Art. 6 of the Federal Law of July 3, 2016 N 315-FZ, a real estate object that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum permissible sizes of parking spaces) and the rights to which were registered before the date of entry into force force of this Federal Law, is recognized as a parking space.

There is no need to replace previously issued documents or make changes to them, or to make changes to the records of the Unified State Register of Real Estate in relation to the property specified in Part 1 of Art. 6 of the Federal Law of July 3, 2016 N 315-FZ.

Documents received before the entry into force of Federal Law dated July 3, 2016 N 315-FZ, which certify ownership of real estate objects and in which a parking space is indicated as the type of real estate object, retain their legal force and do not require re-registration.

The boundaries specified in Part 1 of Art. 6 of Federal Law No. 315-FZ of July 3, 2016, a real estate property is recognized as the boundaries of a parking space, regardless of whether their description meets the requirements established by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” (as amended by this Federal Law ).

The copyright holder of a real estate property specified in Part 1 of Article 6 of Federal Law No. 315-FZ dated 07/03/2016 has the right to submit to the executive authority maintaining the Unified State Register of Real Estate an application to take into account 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 N 218-FZ “On State Registration of Real Estate” (as amended by this Federal Law), the form of which is approved federal body executive power, authorized to carry out functions on legal regulation in the field of maintaining the Unified State Register of Real Estate, carrying out state cadastral registration of real estate, state registration of rights to real estate and transactions with it, providing information contained in the Unified state register real estate.

At the beginning of 2017, numerous changes to various laws come into force. Among other things, a new - and already official legislative - status will be given to a parking space as a real estate object.

The corresponding amendments, which come into force on January 1, 2017, were introduced by Federal Law No. 315-FZ of July 3, 2016 “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 315-FZ).

In accordance with it, a parking space becomes an object of real estate. Previously, many problems arose with determining its status. To understand the meaning of enshrining a new property in law, let’s look at “how was it?” and “what happened?” With legal regulation parking spaces

You will also gain an understanding of how to act during a transition period. With new buildings and structures commissioned in 2017, everything is very clear. What about parking spaces in buildings that were built and put into operation earlier?

Legal regulation becoming a thing of the past

Until now, legislation has not defined the concept of a parking space. Only in paragraph 21 of Art. 1 of the Civil Code of the Russian Federation there is the concept of parking (parking space). Let's give it here.

Parking (parking space) - a specially designated and, if necessary, arranged and equipped place, which is, among other things, part of a highway and (or) adjacent to the roadway and (or) sidewalk, roadside, overpass or bridge, or which is part of underpass or underbridge spaces, squares and other objects of the road network, buildings, structures or structures and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, owner of the land plot or the owner of the relevant part of the building, structure or structure.

Italics indicate phrases that, from January 1, 2017, are excluded from the wording of clause 21 of Art. 1 Civil Code of the Russian Federation.

Typically, a parking space is individualized by painting markings and the parking space number on the surface of the parking lot floor. This is precisely where the problem arose, since in accordance with paragraph 3 of Art. 1 of Federal Law No. 221-FZ, a real estate object must have characteristics that allow real estate to be defined as an individually defined thing (unique characteristics of the real estate object). The boundaries and number painted on the floor were not considered by judicial practice to be such characteristics (for example, Resolution No. F05-3747/2015 of May 7, 2015 in case No. A41-44784/14).

In this regard, registering a parking space as a property has always been a problem in practice.

In the Letter of the Ministry of Economic Development of Russia dated May 26, 2015 No. OG-D23-7475, it was stated that a parking lot (parking space), as defined by the Civil Code of the Russian Federation, does not meet the criteria for premises, is part of buildings or structures, but not an independent piece of real estate.

The turnover of a part of a real estate property as an independent object of civil rights is not provided for. Likewise, state registration of ownership of part of the property is not provided.

In judicial practice, until now there have been two approaches to the legal registration of rights to a parking space, as stated in the Determination of the Supreme Arbitration Court of the Russian Federation dated October 27, 2011 No. VAS-11450/11 in case No. A40-124539/09-54-801:

1. this is an independent object of real estate, which is a premises as part of another real estate object - non-residential premises (parking hall) or non-residential building;
2. this is part of a real estate object in respect of which the regime of common shared ownership is in force, and the user of the parking space is a shared co-owner of this immovable thing, in respect of which the procedure for use is determined by agreement of the participants in shared ownership or by a court decision.

Recently, the second position has prevailed; parking spaces were subject to rules on common shared ownership, which in themselves are far from flawless.

Accordingly, the Ministry of Economic Development recommended first registering the building in which the parking space is located in the cadastral register, and then registering the share in the common ownership of the building with the determination of the shares in the ownership of them in proportion to the size of the parking spaces located there.

If we consider parking spaces located in apartment buildings (for example, in an underground parking), then legislative regulation of the issue is carried out by both the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

Many problems arose with determining the order of use and disposal of parking spaces.

In particular, the transfer of a parking space for rent requires convening general meeting participants in common shared ownership, with all the ensuing difficulties.

Selling it to a third party presupposes compliance with the pre-emptive right of purchase of the remaining owners.

If in apartment building 500 owners, then in both cases the task of taking into account the rights of all other owners and not going crazy becomes non-trivial...

Therefore, following this position greatly complicates the use and disposal of parking spaces and also entails additional costs owners.

Cadastral registration of parking spaces

According to new edition clause 1 art. 130 parking spaces are classified as real estate. The concept of a parking space is enshrined in the article introduced in Art. 1 of the Civil Code of the Russian Federation, paragraph 29. So, what is this, taking into account changes in legislation?

A parking space is an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in the manner established by the legislation on state cadastral registration.

In accordance with Part 10 of Art. 24 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (by the way, the law comes into force on January 2, 2017), cadastral registration of parking spaces is carried out on the basis of a technical plan. It is compiled based on the information contained:

• in the permit for commissioning of the building (structure) in which the parking space is located;
• in the design documentation of the building (structure) in which the parking space is located;
• in the redevelopment project and the acceptance committee’s act confirming the completion of the redevelopment.

According to Part 6.1 of Art. 24 of Law No. 218-FZ, the location of a parking space is established by graphically displaying on the floor plan or part of the floor of a building (structure) a geometric figure corresponding to the boundaries of this parking space.

This is in the technical plan, but in reality the boundaries of the figure of the parking space in the room are established by determining the distance from at least two points that are in direct visibility and fixed with long-term special marks on the inner surface of the building structures of the floor (walls, partitions, columns, on the floor surface, to the points of the boundaries of the parking space or the points of dividing the boundaries into parts), as well as the distances between the points of the boundaries of the parking space.

As a result, the boundaries of the parking space are designated by applying markings to the surface of the floor or roof, for example, with paint or stickers.

In this case, the area of ​​the parking space must correspond to the minimum and (or) maximum permissible dimensions of the parking space. Size requirements are established by regulations of the Ministry of Economic Development, the adoption of which should be expected in the near future.

Non-compliance of the area of ​​the parking space being created with these requirements is grounds for suspending the process of cadastral registration and state registration of property rights.

All of the above applies primarily to new buildings and structures commissioned in 2017. But what about old buildings, in which, for example, the area of ​​parking spaces may well “not fit” into the requirements established by the Ministry of Economic Development? And what to do if the parking space was registered as a share in the right of common ownership?

The legislator also did not forget about existing parking spaces.

The fate of existing parking spaces

In Part 1 of Art. 6 of Law No. 315-FZ states that a property that meets the requirements and characteristics of a parking space and the rights to which were registered before the date it came into force is recognized as a parking space.

At the same time, the requirements for the minimum and maximum size parking spaces, information about which is already reflected in the Unified State Register, will not be applied.

Previously issued documents do not need to be reissued; they retain their legal force. But the owners of the corresponding parking spaces are not deprived of the right to submit an application to the registration authority to change information about the objects that are indicated as premises as parking spaces. There would be a desire!

What should people do whose parking spaces were registered as a share in the right of common ownership? Here, too, everything is not so complicated, the situation is resolved in Part 3 of Art. 6 of Law No. 315-FZ.

The owner of a share can allocate his share in kind by defining the boundaries of a parking space in accordance with the requirements of Law No. 218-FZ and register ownership of it.

To register a parking space for cadastral registration, you must confirm your right to it by submitting to Rosreestr an agreement of all co-owners or a decision of the general meeting, which determines the procedure for using real estate that is in common shared ownership.

If there is no agreement or decision, in this case, in order to allocate your share, you will have to obtain the consent of other participants in shared ownership.

As soon as all available parking spaces are allocated in kind and registered, the total shared ownership on the premises within the boundaries of which they are located ceases. Only the property remaining after the allocation of shares and necessary for passage or access to parking spaces will be common.

Let's summarize all of the above.

The parking space is subject to state cadastral registration, and ownership of it can be registered.

It may be the subject of a mortgage (Clause 6, Part 1, Article 5 of Federal Law No. 102-FZ of July 16, 1998 “On Mortgage (Pledge of Real Estate)” - introduced on January 1, 2017).

A property that meets the requirements and characteristics of a parking space and the rights to which were registered before the entry into force of Law No. 315-FZ is recognized as a parking space.

The owner of a parking space as a share in the right to common property may require the allocation of a share in kind and registration of ownership of it.

Thus, from January 2017, parking spaces are officially recognized as real estate. They are distinguished from ordinary premises only by the absence of material, tangible boundaries in the form of walls and partitions.

For a more complete understanding, I suggest watching one of the episodes of Anton Ivanov’s channel about the legal regime of parking spaces. In addition to Anton Ivanov himself, Alexandra Aleksandrovna Makovskaya takes part in the program.

Part 1. Car spaces in the real estate system.

Part 2. Features legal regime parking spaces

I hope that the article was useful and that the changes in legislation regarding parking spaces became clearer to you.