How to register a garage with cadastral registration?

Just some time ago, garages were not considered an independent piece of real estate. Today the situation has changed, and garage buildings are also subject to registration. This is not surprising, because a garage is a full-fledged object that is located on a plot of land and cannot be moved without damage to the owner. The process of legitimation is spelled out in detail in the legislation. To simplify the procedure, we will consider the most important nuances in the article. How to register a garage with cadastral registration? What papers are needed for this? In what sequence should I proceed to successfully complete all procedures? We will consider these and other questions below.

GENERAL PROVISIONS

Garages that were built before 2012 do not require registration. The reason is that data about them was automatically transferred from the BTI to the state register, where the necessary documentation was prepared. For objects built after 2012, a different rule applies. Here the task of registration lies with the owners themselves. In this case, the authorized body does not have the right to refuse the service.

Many people do not understand why registering a garage with a cadastral register is necessary. This is an important procedure, without which the object is not considered a separate structure and cannot be sold, exchanged or donated. That is why when buying a garage it is important to clarify whether the owner has a cadastral passport in hand. If it is not there, this is a reason to think about the relevance of the deal. Purchasing an object without a cadastral passport entails a number of difficulties, starting with delays in conducting a purchase and sale transaction and ending with the inability to complete transactions with the object.

In addition to the passport for the garage, there must be documents for the land plot confirming the right to own the property. The paper also contains information about city planning authorities, statistical data, tax amounts, and so on. Today, the passport has been abolished, and the Rosreestr authorities issue an extract - in electronic or paper form. The disadvantage of the first option is that it is easy to fake, so it is better to give preference to the classic version.

When can I make a purchase at a garage cooperative?

The seller is obliged to notify the co-owners of the cooperative about the upcoming sale no later than 3 months before the start of the transaction. During this time, the board of the cooperative invites members to a meeting, which gives approval for the transaction.

Consent to the transaction is determined as a result of an open vote, by a majority of votes “for” consent to the sale.

Subsequently, a voting protocol is attached to the minutes of the meeting, which replaces the notarized consent of the co-owners to the transaction. After preparing these documents, you can begin the procedure for transferring ownership.

If the general meeting makes a negative decision on the transaction, the owner of the property can challenge the decision of the cooperative members in court.

Then, instead of the protocol, an extract from the court decision is attached, acknowledging the claim.

DOCUMENTS FOR REGISTERING A GARAGE FOR CADASTRAL REGISTRATION

To obtain a garage license, you will need the following documents:

Application with a request to register the object.
Owner's passport.
Technical passport for the construction. This is an important nuance, because the garage must be built taking into account current rules and building codes.
Documentation confirming ownership of the land plot under the object.

The construction of a garage for a car on your own land is permitted in the following cases:

The territory of the allotment was originally intended for dacha construction or gardening activities.
A garage is built on land owned by a person.
In the case of a lease, the contract must contain a clause regarding the possibility of construction on the site.
Based on the characteristics of the allotment, the construction of an object for individual housing construction is allowed.

If the owner is a member of the cooperative, an additional package of papers will be required, namely:

Cadastral passport for the building.
Title papers for the storage area under the garage.
A certificate bearing the signature of the Chairman of the GSK. It testifies to the fact that a person is a member of the community and has fully fulfilled his obligations to it.

Step-by-step instruction

How to purchase a garage from a garage cooperative?

The owner draws up a package of documentation for ownership or the right to use shares in joint ownership.
Receives permission from the co-owners of the cooperative, in the form of a protocol approved by the founder. If the garage was purchased during marriage - a notarized permission of the spouse, according to the regulations of Article 35 of the RF IC.
The buyer checks the legal capacity of the documentation provided by the owner and inspects the purchased object.
After reaching verbal agreements, a preliminary purchase and sale agreement (PPSA) is drawn up. Here the terms of the transaction are indicated and the date for its execution is set.
A separate item includes the amount of the object’s assessment, which should not be changed. A deposit or advance payment is made, after which the property is removed from auction.
In some cases, there is no point in issuing a PDKP. For example:
- the garage has a low cost - up to half a million rubles;
the property is owned by GSK, without allocation of shares.

In this case, the main purchase and sale agreement is immediately drawn up.

It should follow from this document that the parties carried out a property transaction in accordance with the norms of civil law.

If the value of the property is relatively low, the agreement also acquires the force of an act of acceptance and transfer of real estate, which is indicated in a separate clause in the act.

The deed of sale specifies the main provisions accompanying the sale. Finally, it is signed by the seller and the buyer.

If the ownership is joint without the allocation of shares, then the agreement is certified by the founder in the person of the chairman of the board.

When signing the deed, the money for the garage is transferred and the parties are sent to the registration (cadastral) chamber.

IMPORTANT: When transferring money, it is advisable to have third parties present who can attest to the fact of settlement with the seller in the event of a dispute. The seller is required to give a receipt for receipt of a proportionate amount of money for the garage.

At the cadastral chamber or MFC, documents are accepted against receipt.
Attached hereto are statements submitted by the parties regarding the following:
- The seller asks to enter information about the new copyright holder into the Unified State Register, due to the transaction.

The receipt indicates the list of submitted documents. It is issued in the name of the buyer, on its basis the buyer will receive a certified contract and other documents. After registration, the new owner takes actual ownership of the garage box in GSK.

If persons live in a locality where there are no MFC branches, the documentation can be sent by registered mail, with notification of receipt and a list of the contents. In this case, instead of civil passports, notarized photocopies are included.

HOW TO PUT A GARAGE ON THE CADASTRE REGISTER - PROCEDURE OF ACTIONS

The garage is classified as real estate, so its registration is required. To obtain paper that allows you to dispose of property from the position of the owner, you must come to Rosreestr and have the following papers with you:

A document certifying the right to own a garage.
Passport.
A document confirming the rights to the memory.

Along with the papers, an application is submitted, which is checked by the commission within 10 days. If there is no documentation for the garage or land, we proceed according to the plan discussed above.

WAYS TO OBTAIN

Receiving paper is available in several ways:

In the local authority of Rosreestr. In this case, the person writes an application and submits the above documents with it. Information about the object number in the registry is also provided. Transferring the number is not necessary, but this nuance will significantly speed up the registration process. The document is prepared within 5-7 days. The day of receipt is indicated on the client’s application. The latter is issued in 2 versions, one of which remains with the authorized body, and the second is returned to the applicant. The presence of such paper allows the owner to demand from the executive body the timely provision of services and an explanation for the delay. It is worth noting that the application can be submitted to Rosreestr personally or a representative can be engaged for this purpose. If the second option is chosen, the person must have a power of attorney.
Through the Internet. If the self-visit method is not suitable, you can make it simpler - perform the necessary manipulations through the State Services resource. You must first pass authorization and log into your personal account. Next, the appropriate option is selected through the menu and the necessary information is indicated.
Through MFC. If there is an MFC branch in the city, you can fill out an application and submit a package of documents for registering the garage with this body. To avoid standing in line, it is worth making an appointment in advance.
By mail. An alternative solution is to transfer documentation and applications by mail with a list of papers. The disadvantage of this option is that the registration process is delayed for a maximum period due to possible delays.

HOW TO QUICKLY PUT A GARAGE ON THE CADASTRE REGISTER - INSTRUCTIONS

If before 2021 garage owners were still thinking about the need to register their property in the cadastral register, today this action is mandatory. The algorithm is like this:

We collect the documents needed to register the garage with the cadastral register. If the matter is handled by a trusted person, a visit to the notary office will be required.
We pay the state fee. The work is carried out in one of the ways - through a bank cash desk, using an ATM, terminal, and also through Internet banking.
We fill out an application for a cadastral passport (extract) for the garage. You can print the required form yourself or do it at an authorized agency. The application contains the object number, as well as personal information about the citizen (owner). A complete package of papers is also included. If this is not done, the application will not be accepted for consideration.
We transfer the package of documentation to an employee of the authorized structure for study. In this case, not only the papers are checked, but also the client’s application. The presence of errors is a reason for refusal to provide the service.
We are waiting for a decision. This takes 5-7 days.

Deadlines and fees

When the parties personally visit the registration authority, a receipt is issued, on the back of which the date of the return visit is indicated. The preparation period for registering a transaction should not exceed 21 business days. For the most part, documents are prepared ahead of schedule.

ATTENTION: If an error is discovered in the registration or at the request of the parties to the agreement, registration may be suspended for one month. If a legal dispute arises - for 3 months.

The fee for individuals is 2,000 rubles.

Without payment, except in cases of notarization of the deed of sale, documents will not be accepted.

A receipt for payment is not required, but it is advisable to attach it to the documentation package.

In any case, the registrar checks the availability of payment in the database.

HOW TO LEGALIZE A GARAGE THAT WAS BUILT WITHOUT A PERMISSION?

There are situations when a person has built an object and plans to decorate it later. Such actions are called unauthorized construction. There are three possible options here:

The citizen did not obtain a building permit at all.
The building on which the garage is built is not suitable for this type of construction.
During the construction of the facility, legal requirements were violated.

The most difficult situation is when the garage owner cannot confirm ownership of the land. There are two options:

The plot is not privatized, but the person owns a garage. To register a land plot with the help of Rosreestr or local authorities, it is necessary to submit a lease agreement or a paper confirming the fact of ownership of the plot. This helps even if the building is not assigned an address.
A person has no right to use the allotment. This is possible if the garage was built before 2006, and due attention was not paid to the documentation. According to current rules, the owner must file a claim and apply to a judicial authority. The latter, if there are grounds, decides whether to transfer the land into ownership or not. It is worth considering that the court may order the transfer of the site to the city.