Revealed ways to get the maximum compensation for the demolition of the garage

In Moscow, a large-scale reconstruction of the territories occupied by flat garages continues. So, right now, more than 1,000 metal boxes are being liquidated in Degunino, large GSKs are scheduled for demolition in Shchukino and other areas. The owners of parking spaces receive compensation, but its amount may vary depending on the status of the objects and the approach of the garage owners to the issue. “MK” learned how the owner of the garage can get through this traumatic experience with minimal losses.

There are several legal mechanisms by which the sites of flat garages are “cleared” in favor of more efficient urban development projects from the point of view of land use. The site on which the boxes are located can be allocated as an integrated development area (KDT) – and this involves the forced purchase of objects from the owners, even if the garage cooperative owns the land. Garages can be located in the exclusion zone of the railway – then the mechanism of compulsory redemption for state needs (infrastructure facility) is in effect.

Finally, there are cases when investors who need this site amicably agree with the owners of the boxes. True, the option “refuse to sell the garage and keep it” is usually not.

“In the overwhelming majority of cases, the land under flat garages does not belong to the owners of these garages, it is the property of either the city, or the Russian Railways, or the federal authorities,” lawyer Irina Altman, who advises and represents garage owners in courts, told MK. – And the issue is solved simply: by termination or non-renewal of the lease agreement. After the lease relationship is terminated, we can only talk about compensation for the walls of buildings that are owned by the citizen.

In the case of those GSKs that own a plot of land on which garages stand, as a rule, the CRT mechanism is applied, Altman added. It provides for the forced purchase of property, unless all owners unanimously and within a short time (45 days) make a unified decision to reconstruct the site on their own. Given that there are hundreds of owners of garage boxes, and a garage cooperative is not a development company that can make investment projects, there are practically no chances for such a development of events.

“In a small percentage of cases, there are judicial prospects for challenging decisions on KRT or orders of local authorities, but even in this case, it will rather be about extending the service life of garages by several years,” the MK interlocutor sums up. – Therefore, for simplicity, it is better to assume that the conversation is primarily about the amount of compensation.

What is your status

The least strong negotiating positions in the demolition of garages are the owners of parking spaces in the parking lots of the Moscow City Union of Motorists (MGSA). According to lawyer Irina Altman, they do not have the status of owners, being only members of this organization and users of their parking spaces.

– The current compensation rates from the city for the demolished metal garage are 175 thousand rubles per box, – the MK interlocutor noted. – Usually, it is quite easy to get such compensation, but there are such MGSA parking lots that the city recognizes as unauthorized construction during demolition. In this case, it makes sense to organize and file a lawsuit to recognize this parking lot as legally built.

To do this, the lawyer says, you will need to get and present the title documents for this section of the time of the formation of the parking lot. This is usually a decision of the Moscow City Council or (if we are talking about the 90s) of the prefecture of the district to provide the MGSA with land for parking. If these documents are available, the case has a judicial perspective – but, again, this is not about preserving the garages, but about receiving compensation.

Boxes in garage cooperatives (GSK), which are the full property of the owners, in the event of their forced purchase, may also be subject to compensation in this amount. For a metal box they pay 175 thousand rubles, for a brick box – twice as much, 350 thousand. The only difference is that such garages are usually not recognized as unauthorized construction and no one is trying to “clamp” compensation. Often, the authorities of the district or district offer investors who will build up the site to buy boxes on their own. In this case, first, the representative of the developer establishes contacts with the board of the cooperative, and then the work goes on through his mediation.

– It is possible to agree amicably with 90% of the owners of the boxes, – Sofia, a representative of the developer in the North-West Administrative District, who ensures the process of buying out garages, told MK. – First, a survey is conducted, how much each of the owners wants to receive as compensation. Then clearly inadequate requests are cut off, after which we can satisfy the adequate ones.

According to Sophia, in a commercial buyout, we are talking about 300-500 thousand rubles for a metal box within the Moscow Ring Road (SZAO). A number of owners do not agree with such amounts of compensation – bargaining within 15–20% of the cost is possible with such amounts.

Another mechanism is forced buyout based on an independent assessment, without recourse to the city’s compensation rates. Such a ransom, for example, is made by Russian Railways when garages are demolished in its right of way. Depending on the area, the size of the garage here, the amount of compensation can reach 1 million rubles per box.

– Initially, the assessment is carried out by a company attracted by the developer, – says Irina Altman. – However, in court, you can challenge the value of the assessment and involve an independent certified appraiser. This often makes sense if you are unhappy with the initial compensation rate. You can win 500 or more thousand rubles.

The only thing that is not taken into account when calculating compensation is the cost of buying “unbearable” parking spaces in the same area of ​​Moscow. It’s a pity, since the price of such places in parking lots, depending on the area, ranges from 1.5 to 4 or more million rubles. And this means that it is practically impossible to buy a new garage, moreover, guaranteed from demolition, for compensation in the capital.