Residents of Tatarstan most actively used the garage amnesty in the first months – they registered 237 land plots with a total area of 0.6 hectares and 552 garages. Slightly fewer objects were issued under the amnesty in Mordovia – 225 sites with an area of almost 0.6 hectares, but only 16 garages. Among the leading regions are also Tver, Omsk, Nizhny Novgorod regions, Perm Territory, Buryatia and Krasnoyarsk Territory.
Primorsky Krai (344 garages), Irkutsk (246 garages) and Leningrad regions (203 garages) are also among the leaders in terms of the number of completed garages. In the Omsk region, 961 objects were re-registered in the USRN, giving them the status of garages, ten more garages were registered for the first time. In the Sverdlovsk region, 251 objects were re-registered in this way and another 54 were registered.
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In seven regions, not a single object was issued during the amnesty – these are St. Petersburg, Sevastopol, Chechnya, Kabardino-Balkaria, Ingushetia, Dagestan and Sakhalin. In Moscow, not a single land plot was registered, but 121 garages were registered. In some regions, isolated cases of applying a garage amnesty have been registered: for example, one plot has been registered in Kamchatka, and two in Crimea.
What garages can be issued under an amnesty
Under the amnesty, it is possible to issue garages built before December 30, 2004, that is, before the start of the Town Planning Code. Objects that appeared later must be registered immediately after construction. Garages that fall under the amnesty must be built legally (for example, the land for them was allocated by enterprises). At the same time, the law has exceptions, for example, shell garages cannot be registered as property, since they are non-permanent buildings and are not located on the territories of garage cooperatives.
The explanatory note to the draft law on the garage amnesty cited data from Rosreestr, according to which more than 5.6 million garage objects (buildings, structures, premises) were registered with the state cadastre, of which only 3.5 million objects were registered as property rights. The document indicated that the number of unregistered garages is much higher.
Problems of federal cities
According to the law on garage amnesty, cities of federal significance, that is, Moscow, St. Petersburg and Sevastopol, can release own regulatory documents on the specifics of granting sites under the garage amnesty, reminds a member of the Russian Bar Association Maria Spiridonova. This slows down the application of the garage amnesty in these regions, says the chairman of the St. Petersburg city branch of the All-Russian Society of Motorists Valery Soldunov.
“I know that the owners of garages in St. Petersburg applied for privatization, but received nothing but negative answers,” says Soldunov. According to him, the reason may be that the lands of garage cooperatives in St. Petersburg are owned by the city and some of them may be a reserve for the future development of transport or social infrastructure. Clear reasons for refusals are not legally explained, says Soldunov. In order to develop specific rules for the operation of the garage amnesty, a working group has been created in St. Petersburg at the legislature of the city, he explained.
The press service of the Property Relations Committee of St. Petersburg told RBC that as of January 20, the district property relations agencies of the city received 370 applications for preliminary approval of the provision of a land plot (if the land plot was not formed) and 169 applications for the provision of a land plot under the amnesty. garages. “In general, the garage amnesty is designed for five years, so citizens still have enough time to collect the necessary documents and submit applications,” they added.
Rosreestr proposed to supplement the “dacha amnesty”
Moscow City Property Department in August 2021 published an order regulating the garage amnesty. According to this document, the city may refuse to register a garage site if the territory on which it is located does not have an approved planning project that includes a site for the garage. Because of this, many who wanted to register garages were denied, says Spiridonova. This rule practically deprives the owners of unregistered garages of the opportunity to register them, because, in general, planning projects for the territories where garage cooperatives or individual garages are located in Moscow do not provide for the placement of garages or such projects have not been approved at all, says Amulex.ru lawyer Andrey Eremin. An exception to this rule is garages, the rights to which are already registered in the USRN. RBC sent a request to the Moscow City Property Department.
Without registration, garage owners in Moscow may rightly be wary of demolishing them, as the practice is common in the capital, Eremin says. In Moscow, after the beginning of the garage amnesty, it became known about plans to demolish some garages, such as around Bitsevsky Forest, under the auspices of creating recreational areas and sports clusters, says Spiridonova.
RBC sent requests to the administrations of other regions – outsiders under the garage amnesty – Sevastopol, Chechnya, Kabardino-Balkaria, Ingushetia, Dagestan and Sakhalin.