Land Under the Garage – Who Owns It and How to Become an Owner.

The issue of land ownership under garage cooperatives in Ukraine is a topic of considerable discussion. Members of cooperatives often believe that the land under their garages belongs to them, but the legal reality may be different.

News.LIVE explains who owns the land in a garage cooperative, what rights its members have, and how one can formalize ownership of the land.

Legal Status of Garage Cooperatives in 2025

A garage cooperative is a legal entity established for the collective use of land and the construction of garages. This raises the key question: who owns the land? The answer depends on whether rights of use or ownership have been formalized.

The Land Code of Ukraine (Article 41) states that land plots may be granted to garage construction cooperatives free of charge for ownership or lease by decision of local councils.

In most cases, the land under cooperatives:

• is in permanent use by a legal entity (the cooperative);
• or does not have any legal status at all, and the cooperative uses it 'de facto'.

In the absence of a document establishing the right of use or ownership, formally no one has rights to the land.

However, the land generally belongs to the cooperative as a legal entity, rather than to individual members. This means that a person who owns a garage is not automatically the owner of the land beneath it.

Land in a Garage Cooperative Owned by the Cooperative

If the cooperative has managed to formalize ownership or permanent use rights to the land, it belongs to the cooperative. Even if the garage is yours, the plot beneath it is most likely not.

This means you have ownership rights to the structure (garage), but no rights to the land.

Thus, without the participation of the cooperative, you will not be able to:

• sell the garage with a guarantee of land title;
• expand or rebuild it;
• register the object as real estate located on private land.

'A weak point for many cooperatives is the issue of land formalization. Often, the land was allocated for temporary use, and the plot was later planned for other needs,' said real estate expert Irina Lukhanina in a comment to the publication 'Minfin'.

This means that without proper documentation, the cooperative could lose the land, along with the garages.

Can You Formalize the Land Under the Garage as Ownership?

Formalizing the land under an individual garage is possible, but not always. It depends on whether the cooperative has the legal status of a user or owner of the plot. If so, it can act as the initiator of dividing the plot and allocating part to each owner.

But the cooperative has to relinquish part of the land, and each owner must create technical documentation. Only then can one obtain a cadastral number and ownership rights.

According to the State Geoportal, most such cooperatives are not formalized, which often stalls the process or requires judicial intervention.

The Risks of Not Having Land Rights

The consequences can be serious:

• inability to legalize reconstruction;
• risk of losing the garage if the land is transferred for development;
• refusal to register ownership rights for the entire object.

If the cooperative's land is not formalized and the cooperative is inactive, the risk of losing rights to use rises each year.

Problems with Land Formalization

One of the main problems is the lack of proper documents from the cooperative. Often, the land under garages is in temporary lease, the term of which may expire. In such cases, local authorities may decide to use the plot for other needs, such as building roads or residential buildings.

To avoid such situations, the cooperative needs to:

1. Ensure that it is registered as a legal entity.
2. Formalize ownership or lease rights to the land.
3. Hold general meetings to address issues regarding documentation.

If the cooperative's documents are not in order, members can demand from the cooperative's head to bring them into compliance with the legislation.

We've also mentioned that in 2025, building a garage remains a risky business. Before starting, it is crucial to thoroughly study the legal restrictions and learn where exactly it is permitted to build such a structure to avoid fines or demolition demands.