How to re-register a garage as the property of another person

A garage these days can cost even more than some apartments or plots. Therefore, it is not surprising that garages often become the subject of transactions: they are sold, bought, exchanged. During all these processes, the same question arises acutely - how to re-register the garage as the property of another person. If the garage is not fully registered in the name of another person, then there may be serious problems with the property in the future.

Registration of ownership of a garage is quite simple, but this process has several important distinctive features that you should definitely pay attention to.

The garage must be owned by one of the parties to the transaction

Situations are not uncommon when a garage was built without permission and there are no documents for it. In this case, the building cannot just be sold; it must be privatized.

To do this, you need to collect the necessary list of documents and go to the self-government body. A decision must be made there; if it is positive, then the owner of the garage can dispose of his property as he pleases. Interestingly, more than 10% of garages are not currently privatized.

When the property issue has been settled, you can move on to the next point.

There can be many situations when you need to transfer rights to a garage; we will consider the most common ones.

Is it possible to privatize a garage using a simplified system in 2021?

According to various sources, there are from 3 to 5 million unregistered garages in Russia.
Many people do not register ownership of the building due to the complexity of the procedure. A bill on “garage amnesty” is being considered in Russia. Prime Minister M. Mishustin has already supported him, and the head of Rosreestr clarified that technical issues regarding the registration of buildings for garage ownership are beginning to be worked out.

A simplified garage privatization system will operate from 2021 to 2025. It is possible that the deadlines may be extended in the future.

Reference! Garages are found in garage-building cooperatives, individual and self-built. The law mainly concerns the first type of buildings. This is due to the fact that individual garages are simply registered as property now, and self-built buildings will not be registered even after the regulatory legal act comes into force.

Features of garage privatization

A garage is a one-story building designed for storing and servicing a vehicle.
Only capital buildings with a foundation can be privatized. It is necessary to register ownership not only of the garage, but also of the land where it is located. The exception is individual buildings. They may be located on a summer cottage or land under individual housing construction. In the first case, there is a simplified scheme for registering a building until 03/01/2021. If the site was received for the purpose of non-commercial use before 10/30/2001, then the buildings erected on it are registered as property free of charge. When the land is received later, it is necessary to carry out an additional land surveying procedure.

Registration of ownership of a plot is carried out on the basis of the following documents (Article 49, Law No. 218-FZ of July 13, 2015):

• act on the provision of land from municipal authorities;
• extract from the household ledger;
• act on the right to the site;
• certificate of inheritance.

A simplified registration scheme is provided for buildings, which can be completed through the MFC or Rosreestr.

in a garage cooperative

Currently, the legislation does not provide clear instructions on how a garage cooperative should operate, which is what the new law is intended to correct. At the moment, in accordance with Art. 218 of the Civil Code of the Russian Federation, if the shareholder has fully paid his part of the share in the GSK, then the garage becomes his property.

In order to secure rights to a property, it is necessary to carry out privatization. It is performed both for the building and for the land on which it is located. A collective application from all GSK participants must be submitted to local authorities. The document is reviewed within a month, after which the municipality decides whether to give the land to the cooperative or leave it as a lease.

If the site is transferred into the possession of the GSK, then this is formalized in a purchase and sale agreement. Members of the cooperative can own the plot in the mode of shared ownership or buy out their part.

metal

Metal garages, including shells, are not subject to privatization.

It is impossible to register the ownership of collapsible and portable structures, since they are not considered real estate in legislative acts.

Normative base

Regulation of the issue of transfer of garages to private ownership is regulated by the Civil Code of Russia. So, according to Art. 218 of the Civil Code of the Russian Federation, a garage cooperative (GC) is a legal entity.

If a citizen has built his garage as part of the Civil Code, and he has all the documents indicating that he has made his full contribution, then, according to paragraph 4 of this law, the member of the cooperative has the right of ownership to his garage.

Registration of this right is carried out within the framework of Federal Law No. 218 “On State Registration of Real Estate” of 2015.

Where to start privatizing a garage

Privatization can begin if the land on which the garage is built is intended for this purpose.
The site can be owned or used under a lease agreement. If the garage was built in the GSK, then the chairman should have the documents. Before starting the procedure, you must clarify the following information:

• putting garages into operation;
• registration of the cooperative as a legal entity;
• legality of the building;
• Is the garage registered in the cadastral register?

The garage and construction cooperative must be registered as a valid legal entity. This information can be found on the Federal Tax Service website by ordering an extract from the Unified State Register of Legal Entities.

Conclusion

In order to register a garage, you will need to have documents for the garage, how it came to you and a passport (yours). Expenses generally reach 30 thousand rubles in the capital. There is an opportunity to save, as well as a law that will help you spend the minimum amount of money.

Depending on the type of registration, it depends on how much you will spend, what documents you already have , and whether you will do everything yourself or seek help from a lawyer. Re-registering a garage for another person is cheaper than completely and independently registering everything from scratch.

Cadastral registration

To register a garage with cadastral registration, you need to contact Rosreestr with the following documents:

• identification;
• certificate of payment of the share;
• documents confirming membership;
• extract from the Unified State Register of Real Estate (cadastral passport) of the GSK;
• receipt of payment of state duty.

In a government organization, you must fill out an application according to the established form for registration. If the land plot does not have a cadastral passport, then it will need to be ordered from an institution that provides such services.

Prices in various regions of the Russian Federation

The total costs are mainly:

1. There are aspects of work, outcome, and region to consider:
   • Moscow – from 25 thousand rubles;

   St. Petersburg - from 20-25 thousand rubles;

2. Novosibirsk – from 15 thousand;
3. Tyumen – from 15 thousand;
4. Kaluga - from 10 thousand;
5. Khabarovsk – from 10 thousand.

If we consider the MO for an object less than 50 sq.m - from about 6 thousand rubles.

6. Cadastral passport - now it is not difficult to obtain such a passport; basically this service costs 200 rubles.
7. Also, payment of state duty - from 350 rubles to 2000 rubles, dacha plot.

Privatization procedure

The procedure for registering a garage as a property depends on the characteristics of the property.
The procedure can be performed out of court or through the court. In order to privatize a garage you must:

1. Submit documents for registration of ownership rights to the appropriate authority.
2. Receive a certificate for the property.
3. Register the document in Rosreestr.
4. Register the right of ownership of a land plot.

The place where the garage is located can be registered as the property of the owner. The use of land is permitted under an indefinite lease agreement.

After the garage is registered as a property, the owner will be required to pay property tax (Article 401 of the Tax Code of the Russian Federation).

through the municipality

You can register ownership through the MFC or Rosreestr. To do this, you need to submit an application and a package of documents to the government service.

Contacting municipal authorities through the Public Services Portal is not available in all regions. In order to use the service online, you may need an electronic signature to sign the application.

Sample application and documents

To register a property in Rosreestr, you must prepare the following documents:

• owner's identification card;
• document on payment of the share;
• certificate of membership in the cooperative;
• cadastral and technical passport for the property;
• receipt of payment of state duty;
• minutes of the general meeting of members of the GSK, if the building is located on the territory of the cooperative.

When documents are submitted through a representative, a notarized power of attorney is required.

In the case when the owner is the first to carry out privatization in the State Joint Stock Company, the list is supplemented with papers:

• an extract from the Unified State Register of Legal Entities on the registration of the cooperative as a legal entity;
• GSK charter;
• order of local government bodies on the commissioning of real estate;
• documents on ownership or ownership of a land plot.

Employees of a government organization may include additional documents in the list. The owner will be required to write a statement, a sample of which can be viewed here.

The application must include the following information:

• name of the government agency;
• information about the owner;
• data about the property;
• information about GSK;
• request to register ownership;
• date and signature.

If all conditions are met, then within 10 days the title to the property will be registered, and the owner can receive a document about this.

The reasons for refusal by registration authorities are as follows:

• problems with documents;
• the land plot is located on public lands;
• the area belongs to forest or water resources protected by the state;
• the owner of the site is not the municipality.

Refusal to privatize can be challenged in court. To do this, you will need to provide significant evidence that the owner is right.

through the court

You will need to go to court in the following situations:

• there are no permitting documents for the construction of a garage;
• Administration representatives refused to register property rights.

An unauthorized construction can be legitimized in court if the right of ownership or other basis for ownership of the site on which it is installed has not been confirmed. In this case, you will need to provide an extract from Rosreestr stating that there are no claims to the land or property.

If the value of the property is less than 50,000 rubles, then the case will be considered by a magistrate. When the amount is larger, you need to contact the district court at the location of the property.

Sample statement of claim and list of documents

When filing a claim, you will need to prepare the following documents:

• certificate of ownership;
• land lease agreement;
• receipt of payment of state duty;
• technical passport for the building;
• owners identification card.

The statement of claim must indicate the circumstances of the case and the grounds that the garage should be owned by the owner.

If the court decision is positive, you must submit documents to Rosreestr. A citizen will become a full owner only after receiving a certificate of ownership from the registering organization.

Change of owner

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The procedure for changing ownership is typical for any transaction involving the alienation of a property, be it a purchase or sale or a gift.

The transaction itself does not confirm a change of ownership. It only indicates that one party accepted the object, and the other received the money, if it is a garage sale.

In order for the one who received the garage to become an owner who is endowed with legal rights, it is necessary to take part in state registration.

It is after this that you will become the real owners of the garage. Without completing the proper documents, a citizen will be considered a user and not an owner by law.

The cost of cadastral engineer services and the amount of state duty

The cost of registering a garage as a property depends on certain circumstances.
The total amount is derived from the following components:

• price of cadastral engineer services (depending on the region);
• issuance of a technical passport at the BTI – 10,000 rubles;
• The state duty for registration actions with a real estate property is 2000 rubles. (Article 333.33 of the Tax Code of the Russian Federation).

Additionally, notary services may be required, paid at established rates, and payment for legal services.

How to reduce costs?

Often, when decorating a garage, people turn to specialists for help. This is a very good choice, since lawyers will definitely help you arrange everything correctly and legally .

The average prices for lawyers in these cases range from 500 rubles and above. All prices and services are negotiated separately with each of them.

• This is the first option - not to use the services of a lawyer;
• the second option is to make the purchase and sale agreement yourself;
• third option - if this is an inheritance, practically no registration is required.

What will happen if privatization is not carried out?

The owner of a non-privatized garage may face the following problems:

• lack of the right to dispose of real estate at one’s own discretion, including selling, donating, or inheriting;
• obtaining an order for the forced demolition of an illegal building;
• administrative penalty;
• excluding the possibility of seizure of a land plot without paying compensation to the owner of the building.

Attention! If unauthorized construction is legalized, then you will need to prepare evidence that it does not pose a danger to people and the environment and complies with current building codes.

Re-registration of self-built buildings: possible problems

It is possible to purchase a garage without documents, but this is fraught with problems in the future. In this case, there is a high probability of losing the building in the literal sense of the word.

Demolition of an illegal building without documents will fall on the shoulders of the new owner. It is possible to re-register and legalize such a squatter garage by going to court. In this case, it is desirable that the site be leased or purchased by a new owner. The structure of the garage must comply with all building codes.

The primary owner of the unauthorized construction is involved and the unauthorized construction is legitimized through a court decision. Only then can the new owner have peace of mind when purchasing. The transaction was carried out legally.