Inheritance of a garage - risks, inheritance order

A garage, like any other movable or immovable property, after the death of its owner is inherited by his closest relatives or other persons. The transfer of rights to a detached garage or garage box in a cooperative is possible on the basis of a will, if the deceased has properly executed it in advance, or by law in the order of succession. Civil legislation explains in detail the procedure for inheriting a garage, but in practice, in order to become the rightful owner of a structure for a car, you need to know all the legal subtleties and nuances of this process.

When does a garage become inherited?

Based on Art. 1112 of the Civil Code of the Russian Federation, all things, apartments, houses, cars, as well as garages that were the property of a citizen during his lifetime, form an inherited estate after his death. At the same time, Art. 1114 of the Civil Code of the Russian Federation says that inheritance is opened:

on the day the owner died;
with the entry into force of a judicial act declaring a citizen dead;
from the date of the alleged death of a person, if the court, by its decision, recognized it as the day of death in accordance with Part 3 of Art. 45 of the Civil Code of the Russian Federation.

It is with the opening of the inheritance that future successors can declare their claims to the garage of the deceased, and it is from this moment that the procedure for inheriting property begins.

To acquire rights to a garage, the inheritance must be accepted within six months. How this can be done is established by Art. 1153 Civil Code of the Russian Federation:

Submit an application to a notary to obtain a certificate of inheritance.
Actually accept the inheritance.

The new owner will be able to fully own the garage, use and dispose of it at his own discretion from the moment of state registration of ownership.

Metal garage

Perhaps the most common type of garage space is a metal garage. Its advantages are obvious: it is inexpensive, quickly assembled, and can be transported if necessary. This type of garage is perfect for those who live in big cities or periodically change their place of residence. Also, a metal garage is an excellent solution for those whose budget is limited. It should also be noted that in the case of a metal garage, you do not have to go through the authorities in order to obtain the documents necessary for construction. This type of garage is not a permanent structure and, if necessary, it can be moved to another location or completely dismantled. That is, it is convenient and in the event of a conflict, you can move your mobile garage without any problems if, for example, it starts to “disturb” someone.

So, let's list all the advantages:

Acceptable price;
Quick installation and dismantling;
Possibility of transportation.

Despite all the positive qualities, a metal garage has some disadvantages.

The simple design and speed of assembly and disassembly are a definite plus, however, with all this, this design has a number of disadvantages. The first is the absence of any thermal insulation. Storing a car in such a garage is practically the same as storing a car on the street, the only advantage is that in such a garage the car will be protected from precipitation, dirt and dust, and of course from burglary. Although break-ins for garages of this type are quite common, so you shouldn’t have high hopes that your car will be safe in a metal garage.

Other disadvantages include poor ventilation and dampness. Due to the thin walls, condensation often forms inside the garage, which can subsequently lead to dampness, mold and mildew. Simply put, the safety of the body and all metal parts in such a garage will not be the best. Often in such garages, cars without proper ventilation “rot” and become corroded quite quickly.

Warm-up costs. As I already said, due to the lack of insulation, the temperature inside the garage will be almost the same as outside. In winter, this will mean that you will have to constantly spend time and money warming up the engine. Considering current fuel prices, this drawback can be considered a big disadvantage. In addition, one cannot fail to mention the negative impact of “cold starts” on the power unit, which subsequently affects its service life.

Low level of protection against hacking. No matter how complex and reliable the lock of your garage is, the thin walls of its design allow you to get inside the room quite quickly without much difficulty. In addition, cars were often stolen from such structures even without breaking into them. Inventive car thieves managed to steal a car using a crane, which they simply used to lift the garage, after which they easily stole the car.

Let's summarize and list all the disadvantages:

Poor thermal insulation;
Dampness, condensation, high level of likelihood of corrosion;
The need for warming up, additional. fuel costs;
Poor burglary protection.

Heirs of the garage building

According to the law, in the absence of a will, the relatives of the deceased will be called upon to accept the inheritance in the order of priority established by Articles 1142-1145 of the Civil Code of the Russian Federation:

Spouses, parents and children of the testator.
Brothers, sisters, grandparents.
Aunts and uncles.

If there are no specified heirs, then successors in subsequent stages, for example, cousins, nephews, stepfathers, stepmothers and stepsons, can receive a garage.

The adopted child of the testator on the basis of Art. 1147 of the Civil Code of the Russian Federation has the same rights to inherit a garage as natural children.

If there is a will, all persons specified in it, even those who are not related to the deceased, can claim the garage of the deceased. However, this takes into account the right of disabled spouses and minor children of the testator to an obligatory share in the inheritance, provided for in Art. 1149 of the Civil Code of the Russian Federation.

If the garage was purchased during the marriage and is the common property of the spouses, the surviving husband or wife receives a 50% share in this property (Article 1150 of the Civil Code of the Russian Federation).

Is a non-privatized garage an inheritance?

It often happens that the object of inheritance is garage premises for which the owner, for some reason, has not properly registered ownership. The legal successors apply to the notary's office to accept the inheritance, but are refused because there are no title documents.

However, this does not mean that such a garage cannot be inherited.

According to paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” in such circumstances, you should contact the court in order to:

add the garage to the inherited property - if the six-month period for accepting the inheritance has not expired;
recognize ownership of it by inheritance - if 6 months have expired.

Positive decisions in such cases are already part of judicial practice.

Thus, the lack of registration of ownership of a garage is not an obstacle to its inheritance.

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Valuation of a garage upon inheritance

When applying to a notary for a certificate of the right to inherit a garage, each legal successor must pay a state fee on the basis of Art. 333.25 Tax Code of the Russian Federation. The amount of payment directly depends on the value of the property, so a garage appraisal is considered a mandatory procedure when registering an inheritance.

For an assessment, you can contact private organizations that have the right to carry out such activities, employees of the technical documentation bureau at the location of the property, or the local administration (clause 8 of Article 333.25 of the Tax Code of the Russian Federation).

At the choice of the heir, the assessment is made depending on the cadastral, market or other value of the garage at the time of the testator's death.

The appraiser will need to provide some papers:

passport of the assessment initiator;
title documents for the garage;
technical documentation for the object of assessment.

Based on the results of the assessment, an official report is drawn up, which is submitted by the heir to the garage to the notary.

How is the garage divided between heirs?

If after the death of the owner there is only one heir, he receives all the property of the testator individually, including the garage.

When there are several heirs, the simplest option to fairly divide the property and eliminate possible disputes is to draw up a will and establish the share of each of the legal successors in it.

If the will does not predetermine who will get what part, the garage will be divided between relatives in equal shares on the basis of Art. 1122 of the Civil Code of the Russian Federation.

According to Part 2 of Art. 1142 of the Civil Code of the Russian Federation, equal parts of the property will go to each heir of one line, if the deceased has not recorded his last will. For example, if a deceased father left three children, each of them will receive 1/3 of the garage that belonged to him.

Methods of inheritance

As mentioned earlier, civil law provides for two ways to inherit a garage:

by drawing up a will or inheritance agreement (Chapter 62 of the Civil Code of the Russian Federation);
by law (Chapter 63 of the Civil Code of the Russian Federation);

In the first case, the testator independently decides who will receive his property and in what parts. He can include any person at his disposal, even if he is not included in the number of applicants by law.

In the second case, the garage is received by the owner’s relatives in order of priority according to the degree of relationship.

Required documents

To take over your rights to the deceased’s garage, you need to prepare a package of documents to submit to the notary. Moreover, the list of necessary papers in the presence of a will and in inheritance by law is almost identical.

The list of documentation includes:

heir's passport;
a document confirming the fact of the death of the testator (certificate or court decision with a note on entry into force);
papers confirming relationship with the testator (birth certificate, marriage certificate, etc.);
a valid will, if one has been drawn up (with a notary's mark);
documents confirming the testator's rights to the premises (certificate, extract from the Unified State Register of Real Estate, gift agreements, purchase and sale agreements, checks, orders);
certificate of the last place of registration of the deceased;
conclusion on property valuation;
technical documentation for the garage (cadastral passport);
documents for the land under the garage (lease agreement, certificate of ownership)

If the garage box is part of a cooperative, you will need to provide additional paperwork, for example, a certificate of payment of the share and a membership book.

Applications for accepting an inheritance and issuing a certificate of inheritance can be found here.

Applications for accepting an inheritance and issuing a certificate of the right to inheritance under a will can be found here.

How to register ownership?

You can obtain ownership of the land under the garage:

through privatization (if the land was received before the entry into force of the Land Code of the Russian Federation, October 30, 2001);
through redemption for money (if the land was received after 10/30/2001).

Under GSK

Garage co-ops are usually built as rows of cubicles sharing partitions, rather than as separate buildings.

For this reason, land can only be registered by purchasing the GSK territory into shared ownership.

To purchase a plot of land you will need:

Registration of ownership of the building by all members of the cooperative.
Holding a general meeting at which a decision will be made to purchase the territory into shared ownership.
Submitting a redemption application to the state authorities with the following documents attached:
copies of members' passports;
certificates of registration of ownership;
technical passports of all buildings;
consent of each future shareholder to the redemption.
After the purchase of the territory, each member of the cooperative has his share in the ownership of the property.

It is worth mentioning separately the owners in GSK, whose garages are separate, and not in boxes. In such cases, in order to register land ownership, you can use a simplified scheme:

Submit applications for privatization or purchase of a separate building to the general meeting of members and obtain their permission.
Receive the decision of the general meeting.
Submit an application to government agencies with the following attachment:
payment documents proving payment of the share contribution to GSK;
permission to build a garage;
certificate of ownership of the building.

Under an individual garage

If there is no GSK, registration will be much simpler due to the fact that a lengthy procedure for registering ownership rights to the buildings of all members of the GSK is not required.

Registration of a plot of land for a separate garage has been simplified by the state . According to Article 49 of Federal Law N218-ФЗ dated July 13, 2015 “On State Registration of Real Estate,” the following package of documents is required:

an act of a government authority establishing the legal right of a citizen to use the site, or a document on inheritance or donation of a building;
documents on registration of ownership of the building;
citizen’s application for privatization or buyout;
cadastral passport of the plot;
a copy of the citizen's identity document.

Based on the results of consideration of the application, a decision is made to grant the right of privatization or to conclude a purchase and sale agreement (depending on the time of receipt of the plot for use before or after the adoption of the Land Code of the Russian Federation).

In order to secure your property, you should take care not only of the ownership of the building itself, but also of the legal status of the land underneath it. Garage cooperatives are in this sense the most vulnerable category of property. Registration of the territory of the GSK requires the joint activity of a large number of people .

Procedure for inheriting a garage without a will

The succession process in connection with the inheritance of a garage by law includes the following steps:

Obtaining a death certificate or a copy of a judicial act declaring a person dead.
Contact the notary office at the place of last registration of the testator.
Providing the necessary documents.
Estimating the cost of a garage.
Payment of state fees for performing notarial acts;
Obtaining a certificate of the right to inheritance.
State registration of ownership of the received real estate.

An application for a certificate must be submitted within 6 months from the date of opening of the inheritance (Part 1 of Article 1154 of the Civil Code of the Russian Federation). Otherwise, the missed deadline will have to be restored through the court.

Procedure for inheriting a garage by will

Even if a will for a garage has been drawn up, in order to receive ownership of the property of the deceased, the heir must take a number of step-by-step actions:

Find a testamentary document if the future successor does not have this document in hand. In case of loss of a will, the heirs can receive a duplicate of it (Article 52 of the “Fundamentals of the Legislation of the Russian Federation on Notaries”).
Contact a notary at the place of last residence of the deceased. The heir must apply for a certificate of intestate succession.
Collect and submit to the notary the necessary list of documents.
Pay the established amount of state duty.
After 6 months, receive a certificate.
Register your rights to the garage in Rosreestr.

The copy of the will must have a notary's mark stating that the document has not been canceled and no changes have been made to it.

Brick garage

If money allows and you have somewhere to build a brick garage, then, of course, this option will be much more acceptable than a metal analogue. A brick garage has a number of advantages, firstly, it is a permanent structure in which the car is reliably protected from temperature changes, precipitation, and also scammers. Such a garage will last a long time and can serve more than one generation of drivers. It can be arranged at your discretion, supplemented with a pit for minor repairs, used not only as a garage, but also as a place in which you can store spare parts, personal belongings, various supplies (if there is a basement), etc. A brick garage can also be heated and think over the ventilation system in such a way that your “swallow”, and you too, will be as comfortable as possible.

Relevant : Preserving a car for the winter: basic rules for winter car storage

So, let's list all the advantages:

Reliable design;
Protection against temperature changes;
High degree of protection against burglary;
Long service life;
Possibility of equipping with a pit, basement, second floor and other extras. options;
Possibility of implementing a heating and ventilation system;
The brick garage can be supplied with water, electricity and other communications.

Now I propose to consider the disadvantages of a brick garage.

The main disadvantage is the price of a brick garage. The cost of building such a structure is quite large; in addition, you should take into account the costs of purchasing the project, the construction site, as well as payment for services to obtain all the necessary documents for construction.

The second disadvantage is the lack of portability. Such a garage is built, as they say, once and for all. It can only be transported if it is completely disassembled, but in this case the work of dismantling and transporting it may unpleasantly surprise you. If you move, you will have to think about how to sell a brick garage, as well as how to buy or build a new one.

Let's list the disadvantages:

High price;
Lack of mobility.

As you can see, both types of garage space have their pros and cons. Which of these options will be better is up to you to decide! If the price of a brick garage does not scare you and you are not going to move, then, of course, this option will be much more acceptable for you. On the other hand, if you have a limited budget and do not want to bother with construction, and you are not sure that you will live in one place for a long time, I think a metal garage is what you need! Before choosing a garage, list all the pros and cons of both options, then make your choice, I hope it will be the right one!

That’s all for me, thank you all for your attention, see you again at Question Auto. If you liked the article, as a thank you, you can share it with your friends on social media. networks, and also write a comment. Take care of yourself and your car, bye!

Inheritance of a garage in a garage cooperative

If the inherited garage box is part of a garage cooperative, some nuances should be taken into account when transferring rights. In particular, the procedure for registering property by heirs will depend on the fact of payment of the share contribution.

There are two possible scenarios:

The testator paid the share in full. In this case, the garage is included in the inheritance on a general basis, even if the ownership of it has not been registered in the prescribed manner (clause 67 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9). To confirm, you will need to obtain a corresponding certificate from the chairman of the cooperative signed by an accountant.

The fees were not paid during his lifetime. Under such circumstances, it is necessary to contact the management of the cooperative and declare your desire to become a member of the GSK. So the heir will actually replace the deceased and continue to pay the share for the garage.

Inherited garage tax

When the inherited garage comes into the legal possession of the new owner, the latter becomes obligated to pay property tax for an individual on the basis of paragraphs. 3 p. 1 art. 401 of the Tax Code of the Russian Federation.

However, it is worth remembering that the calculation of the amount to be paid begins from the day the inheritance is opened, that is, from the moment of the death of the testator (Part 7 of Article 408 of the Tax Code of the Russian Federation). The date of state registration of ownership rights to the garage building is not taken into account here.

Based on clause 2 of Art. 406 of the Tax Code of the Russian Federation, the amount of tax on a garage should not exceed 0.1% of its cadastral value.

Certain categories of citizens, for example, old-age pensioners, military personnel, and disabled people are entitled to tax benefits.

The tax is paid on the basis of notifications that the tax authorities send to payers independently.

Registration of inheritance for a garage if there are no documents

The lack of title and technical documentation for a garage space is one of the most common problems when registering an inheritance for this type of property. There may be two reasons for this: either the documents were lost or were never completed.

In the first case, you should first try to collect the papers yourself, request duplicates from government agencies, an extract from the Unified State Register of Real Estate, order a technical plan from the BTI and a cadastral passport from Rosreestr.

If the testator did not draw up documents on ownership, there is also a way out. In such cases, on the basis of clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9, the heir has the right to go to court and file claims:

on the inclusion of the garage in the inheritance;
on recognition of property rights by inheritance.

Problematic situations in court are often resolved in favor of legal successors.

Design algorithm

Every official document must be carefully checked in order to avoid mistakes, due to which you will have to go through government services several times longer.

To design a separate building

Registration when constructing a building on your own land takes place according to a simplified procedure. It is enough to submit to the registration authority:

confirmation of land ownership;
declaration on the property, filled out in advance by the applicant.

Within a month, the registration authority provides the applicant with its decision.

Cooperative

Important details:

On the confirmation certificate (certificate of membership in the organization) and the paper confirming the payment of a share, there are signatures of neighbors, a standard seal at the bottom and another one certifying the signatures of neighbors.
Do not enter the dimensions of the territory or building based on your own measurements: do it according to the technical plan that will come from the BTI.
Take a copy of the certificate of allocation of territory for the construction of facilities from the chairman of the organization.
Prepare a copy of your civil passport in advance.
All necessary papers listed above are collected at the beginning of registration. Having received them, contact the BTI to draw up a technical plan, bringing to the authority a receipt for payment for such a service. A specialist from BTI will measure the structure and give you the necessary data.
Having collected all the documents and adding a copy of your own passport to them, you can go to the registration chamber . This authority offers a document verification service for a small fee (several hundred rubles). It is advisable to take advantage of this opportunity. If there is even the slightest inaccuracy in the documents you submit, you will have to go through all the steps again.

The procedure to follow after collecting all the necessary documents to register the garage as property in the cooperative:

writing an application;
payment of duty;
submission of documents to the required authority.

A document recognizing ownership of the garage is issued to applicants within a month. During this period, officials review the application, check documents, and make a decision.

Having received such confirmation of your right to ownership, you must immediately address the issue of privatization of the land under the building: if it is part of a cooperative, you own it yourself, and the land belongs to the municipality. Neglecting this, that is, if you do not complete the procedure and register ownership of the land plot, the municipal authorities can take it away and use it at their own discretion.

Difficulties in registration at GSK

A full owner of the land with documentary evidence, the process is quite simple - registering your own construction on your own territory will not be difficult. It is much more difficult to privatize a cooperative building. The problem is not even that you will need to allocate time and money for this, but that when allocating plots to garage-building cooperatives, it often happens in confusing situations . Documents may be incorrectly drawn up or missing altogether.

A separate difficulty lies in the number of buildings and boxes installed on the site. Often, on a site allocated for 40 garages in the 70s, there can now be 200 or more buildings. The shares are regularly paid by all members of the cooperative, and everyone believes that he is fully protected and is the owner. But the extra 160 or more garages are legally self-built and subject to demolition. This situation only gets worse if the plot is registered in the cadastre.

Long-lived GSKs may already have a completely different owner , the cooperative itself may cease to exist long ago, old documents may be lost. Such obstacles create enormous difficulties in registering ownership of a garage in GSK. But if you carefully follow each step and check the documents, this procedure is quite possible.

Additional information on video:

How to inherit a garage if you only have a certificate from the State Insurance Company?

Situations when a garage box located within the GSK is inherited are very common. Before his death, the testator fully paid the share payment for the premises provided, but did not register the ownership rights to it. The heir only has a certificate signed by the chairman of the cooperative and the accountant.

Many citizens receive a refusal from a notary to issue a certificate of inheritance due to lack of information about state registration.

However, according to Part 4 of Art. 218 of the Civil Code of the Russian Federation, members of a garage cooperative who have fully paid their share contribution for the garage acquire ownership of it. In addition, this property is included in the inheritance mass on a general basis, regardless of whether the testator registered his rights or not (clause 67 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9).

Based on Art. 310 of the Code of Civil Procedure of the Russian Federation, a notary’s written refusal to perform notarial acts can be appealed through the court within 10 days.

Rental

If they are part of an organization

The conditions for leasing land that is in state and municipal ownership are prescribed in Articles 39.6,39.7,39.8 of the Land Code of the Russian Federation.

The main condition for registering a plot for the GSK is that all members of the cooperative have ownership rights to the buildings.
The general meeting of members of the cooperative decides to submit an application for long-term lease of the territory.
The application and necessary documents are submitted to local authorities.
A decision will be made on the request within 30 days.
If the authorities make a positive decision, a long-term lease agreement is drawn up.
The lease term is typically 49 years.

If they are under a single box

It is necessary to register the right to build.
Perform land surveying (you must contact specialized land surveying services).
An application is submitted to the responsible authorities, who make a decision on issuing the plot for rent.
A long-term lease agreement is concluded.
The rent is usually 0.3% of the cadastral value of the plot.
A state fee is also paid upon registration in the Unified State Register in the amount of 2 tr.
The lease term for a permanent garage can be up to 49 years, for a metal garage up to 5 years.

Procedure for registering an inherited garage

The right of ownership to an inherited garage, as to real estate, is subject to state registration on the basis of Part 1 of Art. 131 Civil Code of the Russian Federation. To register the right to a garage premises received by inheritance, you must go through several stages.

Step 1: preparation of necessary documents.

If the garage is part of a cooperative, for registration you will need:

certificate of the right to inherit by law or will;
applicant's passport;
certificates from GSK about full payment of the share and about membership in the cooperative (can be issued in one document).

Difficulties arise if no one in the cooperative has previously registered their garage box. In such circumstances you will need to provide:

charter or other constituent documents of the cooperative;
confirmation of the authority of the person who signed the certificate (for example, minutes of the general meeting of shareholders);
documents for land under the cooperative.

Step 2: payment of state duty.

The amount of the mandatory payment is 2000 rubles (clause 22, part 1, article 333.33 of the Tax Code of the Russian Federation). The received receipt is attached to the remaining documents.

Step 3: contact Rosreestr with an application for state registration of property rights.

You can write an application and submit documents by contacting Rosreestr directly, through the multifunctional center or through the public services portal in electronic form.

Step 4: obtaining an extract from the Unified State Register of Real Estate.

How the registration process works

What documents are needed for a garage to be submitted to the authorities:

passport;
statement;
evidence of payment of your share (certificate);
cadastral passport.

If in your cooperative you are not the first member to contact the relevant authorities for this purpose, these papers are sufficient. If you have not gone through this procedure before, you will additionally need to obtain and submit the following documents to the authority:

GSK charter with a complete history of changes and additions;
tax registration certificate;
certificate of state registration of GSK;
certificate of registration in the Unified State Register of Legal Entities;
extract from the Unified State Register of Legal Entities;
a list of all members of the garage cooperative;
protocol on the appointment or election to the position of chairman of the cooperative (confirms powers);
documentary evidence of the provision of a building plot to the cooperative;
resolution of the municipal authorities on permission to commission the GSK.

Garage complex

In many garage-building cooperatives, not individual buildings are installed, but entire complexes. In this case, one owner cannot purchase the land plot located directly under his box - the plot under the block of buildings is indivisible. In this case, the owner can claim a share in the common ownership of the land under the garage block.

All members of the GSK decide at a meeting to buy, rent, or privatize such a plot. To buy a plot, you will need to register ownership of the garages of all members of this cooperative.

After the privatization of garage boxes, their owners can submit a joint application to the executive authorities to grant ownership of the land or its lease by many tenants.

Samostroi

By erecting garages in areas not designated for this purpose, owners often do not even suspect that they are breaking the law. We are not talking about modular “shells”, but about capital construction. Such buildings are subject to demolition and it is better not to try to register them retroactively, thereby further violating the law.

Even if you are planning to build a shelter for a car on your own plot of land, having in your hands all the title documents for this land, contact the district architecture office to obtain the appropriate permission. Only in this case can work begin before obtaining permission. But if you subsequently want to exchange, sell or perform other operations with this property, you will face serious problems without a building permit.

Such construction, even if carried out on one’s own site, is defined by law as self-construction. If it is installed on personal property, it can be legalized by paying a certain fine. If, during an inspection of the structure, violations of SNiP are found, the structure will have to be remodeled or demolished. In any case, you will have to spend a lot of money and time, which could have been avoided by applying for the necessary permission in a timely manner.

Official papers for obtaining a building permit:

statement;
building design;
project for connecting utilities;
a copy of documents establishing ownership of the land plot;
topographic survey data;
technical sir from BTI;
cadastral plan of the land plot.

Having received permission, you can begin with a clear conscience to build a future shelter for your car or a structure that can be used for other purposes (often a workshop).

How to sell an inherited garage?

If, after the inheritance procedure, the rights to the garage were registered in the manner prescribed by law, no difficulties should arise with the subsequent sale of this property.

To complete a transaction you need to go through the following steps:

Preparation of necessary papers. You will need title documents, the consent of the spouse for the sale if the owner is married, cadastral and technical documentation.

Drawing up a purchase and sale agreement and an acceptance certificate for the transfer of property. The agreement must be drawn up in writing (Article 550 of the Civil Code of the Russian Federation). It must contain information about the seller and buyer, the main characteristics of the object of sale, its price and the procedure for settlements between the parties.

Contact the MFC or a notary. The presence of both parties is required for registration. The purchase and sale of a garage does not require mandatory notarization, but a notary is often hired to ensure the purity of the transaction.

Registration of transfer of ownership. The parties do not need to independently contact Rosreestr to register the transaction; MFC employees or a notary will themselves send all the documentation on the transaction to the competent authority.

How to sell an inherited garage without registering the garage?

Officially and legally correctly registering the sale of a garage is possible only if there is state registration of rights to real estate. However, in practice, such transactions are carried out quite often without properly executed documents.

One of the options is when detached garages are registered in the purchase and sale agreement as building materials, and not real estate, without registration with Rosreestr.

Another common method is to transfer membership in a cooperative if the garage is part of it. This scheme is simple: both parties contact the chairman of the cooperative. The seller writes a statement about leaving the GSK, the buyer - about joining. The latter is given a membership book and becomes the owner of the garage box.

Selling an unregistered inherited garage is not so difficult, but such transactions threaten unpleasant consequences, primarily for the buyer, since he does not receive the legal right to dispose of the acquired property.

Official website of the Supreme Court of the Russian Federation

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation reviewed the results of the dispute between the owner of an old brick garage and the city authorities on whose land it was located. The story today is typical and very common, it concerns thousands of owners not only of garages, but also of sheds and other buildings that were legally erected in the last century and found themselves almost on the wrong side of the law in the current century.

The garage was built a long time ago - in the sixties of the last century. Then there could be no talk of any private ownership of such structures within the city limits. Nowadays, the elderly owner of the garage decided to register the building as his own. But it didn’t work out for him.

I had to go to court with a claim against the officials who refused. The district court sided with the elderly man, but the city court overturned this decision and adopted a new one - in favor of the officials, who argued in court that there was no reason to recognize the owner of the garage as having ownership of this property. The history of the appearance of garage box No. 7 is standard for Soviet times. It was built with permission from the executive committee of the district Council of Deputies in 1969. They built a garage cooperative at the expense of the car owners themselves - each with its own separate box. The money spent on construction was considered a contribution to the GSK. Today, to register ownership of real estate, you need a well-known set of documents. That’s exactly what the pensioner didn’t have.

While the litigation dragged on, the pensioner died, and the daughter of the garage builder became the legal heir. She continued her father’s work - attempts to legalize ownership of a brick building. To do this, she had to go to the Supreme Court, since the city decided the dispute not in her favor. And there the owner of the old garage won. This is what the Supreme Court saw in the case materials.

In 1967, the executive committee of the district Council of Deputies instructed the capital construction department to register a cooperative for the construction of a parking garage for 20 cars. A resolution was passed asking the Development Regulation Authority to assign to this GSK the plot of land on which the garages were located. In the court case there is an extract from the minutes of the meeting of the executive committee, which in February 1969 allowed our hero to build a garage. All subsequent years, the man was a permanent member of the GSK, and had no debts in paying membership fees.

In 2005, the city's land resources department leased a plot of land under the garages to the cooperative. Ten years later, the owner asked to own his garage. The district court granted the claim. The court decided that the land under the garage was allocated specifically for its construction. The share for the garage has been paid and the building is strong.

The ownership right of members of the cooperative to real estate arises by virtue of the current law

But officials challenged this decision, and the appeal agreed with them. According to the city court, there is no evidence in the case that the land was allocated for the construction of permanent buildings. Another argument is that GSK does not own the land under the garages, the cooperative is just a tenant, and the lease does not provide for the construction of permanent buildings. The Supreme Court did not agree with these conclusions of the appeal.

This is what is important - according to the law, state registration of the right to a thing is not a prerequisite for recognizing it as real estate. Therefore, buildings and structures built before the introduction of a system of state registration of rights to real estate in the country are considered immovable things, even if the rights to them are not registered. That is, according to the Civil Code, a legally erected building is an object of real estate, including before the registration of the ownership rights of the citizen in whose legal possession it was.

According to Article 218 of the Civil Code, a citizen acquires ownership of a new thing that he created for himself, if the law and the necessary legal acts were observed. According to the law, members of housing, dacha, garage, consumer and other cooperatives who have fully contributed their share for an apartment, dacha, or garage receive their ownership.

The conclusion of the Supreme Court from all that has been said is that the ownership right of members of a cooperative to real estate arises by force of law. In our case, the garage cooperative was created legally, and our hero was its member and paid the share. Let us remind you that the city court said that the land was not provided for the construction of permanent buildings, because GSK only has a lease agreement for the land.

In response to this statement, the Supreme Court noted that the garage was built long before the site for the GSK was leased to him, therefore the terms of the agreement cannot indicate the legality or illegality of the pensioner’s construction of his garage.

The construction of a garage, the Supreme Court recalled, was allowed to the citizen by the state government, and there are no restrictions in its permission - whether to build a major building or not. The garage itself, according to the expert’s conclusion, is a permanent building, erected in accordance with current building codes, operated correctly, and does not pose a threat to anyone. The city court referred to the fact that the fact of the creation of a capital facility “has not been proven,” but did not say on what grounds the garage does not belong to real estate.

The Supreme Court overturned the appeal decision and ordered it to be reconsidered taking into account its explanations.

Text: Natalia Kozlova

Russian newspaper - Federal issue No. 7550 (87)

Nuances

Registering an inheritance for garages has a number of pitfalls that not everyone can see.

First, a garage can be considered real estate if it has a foundation and cannot be quickly dismantled. And if the garage is metal and can be easily transported from place to place, it is considered movable property.

Secondly, when inheriting a garage space, the status of the land plot underneath it is taken into account. If it is owned by the testator or was transferred to him on a lease basis from the municipality, the relevant documents must be provided upon inheritance.

Garage cadastral number: How and where you can find out and check

Check the Garage by Cadastral Number Online Confirmation of state registration is an extract from the Unified State Register of Real Estate from Rosreestr. You can order a certificate online in 15 minutes on the EGRNKA.RU portal. Using the service, you can also find out the cadastral number of the garage in the cooperative and its location on the map, if it is registered. Find Garage by Cadastral Number

Legal basis for ownership of the land plot;
Construction of the facility on your own or with the help of a contractor;
A correctly completed declaration;
Transfer of documents for registration of the object to Rosreestr.

Carrying out legal transactions with real estate: purchase and sale, donation;.

Garage cadastral number (read more...)

You can check the property in Rosreestr or online using the Public Cadastral Map. Information about objects registered with the state is duplicated on the PKK. To find out the individual building code, you need to follow these steps: