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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 24, 2023 No. 338-FZ

About garage associations and about modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 13, 2023

Approved by the Federation Council on July 19, 2023

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations on joint tenancy, use and in the limits set by the law to the order by the property which is in common property or in general use of owners of garages in borders of the territory of garage appointment or owners of the parking places and non-residential premises located in garage complexes and also establishes features of implementation of activities by the legal entities created for this purpose.

2. Provisions of this Federal Law do not extend to the relations connected with use by citizens and legal entities:

1) subjects to auxiliary use in relation to objects of individual housing construction, garden houses, subjects to production, industrial or commercial function;

2) the objects intended for storage of the machinery and equipment and the state bodies, their territorial authorities, local government bodies, the organizations, necessary for ensuring activities, subordinated to state bodies, local government bodies, and also transport organizations;

3) the objects intended for storage of vehicles and which are in the apartment house or located on the parcel of land which is part of common property of owners of rooms in the apartment house;

4) the objects intended for storage of vehicles and which are not capital construction projects;

5) the objects relating to parking spaces according to the Town-planning code of the Russian Federation.

Article 2. Territory of garage appointment

1. The territory of garage appointment is understood as the territory in which borders the parcels of land on which garages which use is performed for own needs of citizens, and (or) the parcels of land provided or otherwise allocated, acquired for placement of such garages and also the parcels of land of general purpose are placed are located.

2. The garage is understood as the non-residential building intended only for storage of vehicles. Garages can have basements and no more than two land floors.

3. The garages located in borders of the territory of garage appointment can be blocked by general walls with other garages in the same row, have general with them roof, the base and communications or to be separate capital construction projects.

Article 3. Delimitation of the territory of garage appointment

1. Location of borders of the territory of garage appointment is determined by the boundary-setting plan. Project development of the layout of the territory is not obligatory, however can be performed according to the decision of general meeting of owners of garages or members of garage cooperative.

2. The boundary-setting plan and the site planning of the territory prepared concerning the territory of garage appointment before their approval shall be approved by at least than two thirds of voices of owners of garages or members of garage cooperative on general meeting of owners of garages or members of garage cooperative.

3. The parcel of land intended for placement of garage can be included in borders only of one territory of garage appointment.

Article 4. Garage complex

The garage complex is understood as the building or construction (including the underground or having both land, and underground floors) which are intended for placement of vehicles and in which parking places are located. In garage complex non-residential premises can be also located. Concerning garage complex the territory of garage appointment is not established.

Chapter 2. Common property in borders of the territory of garage appointment

Article 5. The right of common ownership of owners of garages to common property in borders of the territory of garage appointment

Owners of the garages located in borders of the territory of garage appointment possess on the right of common ownership the property intended for satisfaction of total requirements in borders of the territory of garage appointment and located in borders of the territory of garage appointment (further - common property in borders of the territory of garage appointment).

Article 6. Share in the right of common property to common property in borders of the territory of garage appointment

1. The share of each owner of garage in the right of common property to common property in borders of the territory of garage appointment is pro rata to total area of the garage belonging to the specified person in borders of the territory of garage appointment.

2. By the decision of general meeting of owners of garages made by at least than two thirds of voices of owners of garages it can be determined that the share in the right of common property to common property in borders of the territory of garage appointment is determined in proportion to quantity of the garages belonging to the owner.

3. The share in the right of common property to common property in borders of the territory of garage appointment follows destiny of the property right to the corresponding garage.

4. The owner of the garage located in borders of the territory of garage appointment has no right:

1) to perform apportionment in nature of the share in the right of common property to common property in borders of the territory of garage appointment;

2) to alienate the share in the right of common property to common property in borders of the territory of garage appointment, and also to make other actions involving transfer of this share separately from the property right to the corresponding garage.

5. In case of acquisition the garage in borders of the territory of garage appointment to the acquirer by law is carried over by share in the right of common property to the common property located in borders of such territory.

Article 7. Structure of common property in borders of the territory of garage appointment

1. In borders of the territory of garage appointment treat common property:

1) the parcel of land or the parcels of land which are intended for satisfaction in borders of the territory of garage purpose of total requirements in pass and journey, electric utility service, heat supply, gas supply, water supply, water disposal, protection, collection of solid municipal waste, placement of other objects of common property (the parcel of land or the parcels of land of general purpose);

2) the objects intended for general use and constituting general infrastructure of the territory of garage appointment, including crosswalks, gate, barriers, boiler, technical platforms and platforms for placement of containers for collection of solid municipal waste.

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