Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Garage registration
The vast majority of non-privatized garages are objects of unauthorized construction, which require proper legalization and registration of rights. The presence of documents for a garage is critically important, because without them a person cannot be considered a full owner.
A legalized garage allows you to carry out any further operations, in particular, sell or rent it out without the risk of fines or other sanctions defined by law for the owner. Finally, registration of rights will protect against possible fraudulent actions and will recognize the priority of the owner’s rights. In the article, our specialized lawyer will examine the complex issue of proper registration of a garage, starting with obtaining a construction permit and ending with entering information into the State Register of Real Rights to Real Property (hereinafter – the State Register of Real Property Rights).
Construction of a new garage: what permits and other documents do you need to obtain?
Construction in Ukraine requires compliance with certain procedures that are necessary for further legalization. Thus, as a general rule, for the construction of capital garages it is necessary to:
- register ownership of the land plot on which it will be located (if this has not yet been done);
- obtain urban planning conditions and building restrictions (UUO);
- order the development of project documentation (construction project) and construction passport from a licensed company;
- fill out and submit to the State Inspectorate for Architecture and Urban Planning (hereinafter referred to as DIAM) a notification of the start of construction work;
- initiate a technical inventory and preparation of a technical passport for the garage by the BTI or another certified organization in the region of construction;
- submit a declaration of readiness of the facility for operation to DIAM.
Important! When planning construction, it is necessary to adhere to the state building codes (DBN) that are current at the time of construction of a new garage. To stay up to date with new innovations and receive clear explanations about construction rules, we recommend consulting with one of our real estate and construction lawyers.
Garage privatization: basic methods
On the territory of a private/apartment building
Privatization is a key step to confirm ownership rights. If the garage is built on a land plot that is owned by you and is located next to the house, then for proper privatization you must have:
- a document for the house and the land plot;
- a technical passport for the garage;
- a sketch of construction intentions (if it is necessary to legalize it as a new structure).
Quite often, land plots near apartment buildings are the common property of residents, which can cause certain difficulties in the privatization of the garage. To legalize it, first of all, you need to obtain a decision from the local authorities on the allocation of the land plot. This is a rather complicated process that requires obtaining the consent of the residents of the building (through interaction with the condominium association).
As part of a garage cooperative
A member of the cooperative has the right to use the garage that is on the balance sheet. However, it can also be registered as ownership. To start this privatization process, you will need:
- a certificate from the garage cooperative about membership, the year the garage was built, and confirmation of full payment of the share participation in the construction of the garage;
- copies of land documents (lease agreement, decision on the allocation of a land plot);
- technical passport for the garage.
Procedure for legalizing an illegally built garage
This legalization is necessary to avoid fines and demolition of the structure due to its non-compliance with building standards (since it was built without proper permission at the time). If the garage is built on your land plot, then this is the best option, since fewer actions are required.
The very first steps should be a technical inventory, obtaining a report on the technical inspection of the structure, submitting a declaration of the facility’s readiness for operation, and registering the right in the appropriate state register.
Another situation arises when you need to legalize a garage built on municipal land. Since then it will be a question of proper registration of legal relations regarding land use with the relevant local council. As an option, you can also consider privatization of the land plot under the house that is in your ownership (if this is relevant for you).
Important information! If the garage was built before August 5, 1992, its legalization takes place according to a simplified procedure without the need for commissioning. However, this applies only to those structures that were built without a properly executed building permit.
Registration of ownership of a garage: the main nuances
Who to contact?
To complete the registration, you will have to interact with several entities to choose from, including:
- The Center for Administrative Services;
- a public or private notary;
- a cadastral registrar (if you need to change the purpose of the land plot, assign it a cadastral number, etc.).
What does the whole procedure look like?
The specified procedure has several key stages that may differ depending on the characteristics of the garage itself. In general, the main procedure is as follows:
- first, preparing an application for state registration;
- second, submitting a technical passport, a document on the land (on ownership or use of it) and a declaration of commissioning (if necessary) to the state registrar;
- third, paying the administrative fee for making changes to the DRRP (from January 1, 2025 it is 303 hryvnias);
- finally, obtaining an extract from the DRRP.
Assistance from real estate lawyers of the company “Prikhodko & Partners” for garage registration
The law company “Prikhodko & Partners” specializes in garage registration issues and offers comprehensive legal support to clients, which will consist of:
- initial consultation and analysis of documents (in addition to the consultation, the price of further legal support is also determined);
- preparation and collection of necessary documents, taking appropriate actions to request them (including submitting lawyer requests);
- legal support in obtaining permits and state registration of ownership;
- resolution of land issues.
The company “Prikhodko and Partners” has significant experience in the field of real estate and land law, which allows us to solve complex situations with the registration of garages. With us, the client is freed from the need to independently collect documents and interact with complex procedures. To receive information about the cost of such legal support, please fill out the form below.
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What documents are needed to register a new garage?
You will need title documents for the land under the garage, a technical passport for the garage, and documents for putting the garage into operation.
Do you need permission to build a garage?
Yes, if you are planning to build a new garage, you need a permit. This is obtained by filling out and submitting a notification about the commencement of construction work to DIAM.
What taxes do you need to pay for a garage?
You may also need:
Support for the purchase and sale of commercial real estate
Read morePrivatization of land (land plot)
Read moreCommissioning of the garage
Read moreLegalization and registration of the garage
Read morePermit to build a garage on the property
Read moreTechnical passport for the garage
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