Garage
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A permanent garage is, like a residential building, an immovable object. Its cost may be quite high, but without registration of documents on the right of ownership, it becomes impossible to sell or make another legal transaction. However, due to the lack of necessary papers, registration of rights can be difficult.
Built in the 90s, when a building permit was not required, the garage can receive the status of an unauthorized building. In this case, the competent authorities have the right to oblige the owner to demolish it. Therefore, it is better to complete all the necessary documents before the inspections begin, so as not to lose your garage and money for paying a fine.
Ways to buy a garage
There are several methods for purchasing a garage building that everyone should be familiar with before purchasing.
At the MFC
Some people prefer to use the services of multifunctional centers when buying or selling a garage. Their peculiarity is that during the execution of transactions the same documents are provided as to Rosreestr.
However, there are differences between them that appear when working with documents. For example, after receiving the papers, the MFC sends them to a special body responsible for registering rights to property ownership. On average, the procedure lasts one and a half weeks.
In a garage cooperative
Sometimes, when buying a car garage, people are faced with GSK, and therefore it is better to familiarize themselves with this method of purchasing property in advance. In this case, the person will complete the documents only after the approval of the members of the garage cooperative.
To make a decision, the people included in the GSK hold a meeting. If, as a result of the meeting, more than 70% of the votes are in favor of registration of ownership rights, a book will be issued to the buyer. Only with a special membership book can he become a co-owner of the property.
Between individuals
Most often, purchase and sale is carried out between individuals, and therefore it is necessary to pay attention to this method of acquisition.
The buyer must ensure in advance that the garage belongs to the seller. To do this, he will have to familiarize himself with the papers that confirm ownership. Such verification can be carried out using special registration authorities with a single database. If you cannot find information about the owner, it is better to refuse to sign the contract and find another seller.
At the notary
The procedure for registering an agreement is carried out in Rosreestr. It is mandatory, since without it the acquisition documents can be considered invalid. Transactions are also certified by special notary institutions. However, before you turn to them for help, you will have to find out the exact cost of the services.
Is it necessary to complete the deal in 2021?
The legislation of the Russian Federation dictates to us that any transaction with movable and immovable property must be formalized in accordance with existing standards. Otherwise, citizens not only take on possible risks, but can also answer for it before the law. In 2021, disputes are increasingly arising regarding the demolition of such buildings .
With metal garages that can be transported to another convenient location, the situation is not so radical. In the event that the owner purchases the product itself, and not the land for it, then he buys what he expected.
Expert opinion
Oleg Ustinov
Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.
This object can be used on another site if its owner is given an order to dismantle it. But if the buyer, by paying the price, expects to receive not only an iron garage, but also the land on which it stands, then the transaction must be formalized by entering the object into the Rosreestr. Based on our practice, we can say that this is practically not done by citizens.
No matter how the situation pushes you, we still recommend that when searching for sellers, you pay attention to options that offer official re-registration. At the same time, it doesn’t matter whether you ultimately receive membership in a cooperative or ownership of an object. Both options, if the transaction is executed correctly, are considered acceptable.
Registration process
To purchase a car garage and privatize, you must complete all the necessary documents. It is recommended to study the correct procedure in advance so that there are no problems during registration.
Collection of documentation
First you will have to collect the documents that will be needed to complete the transaction.
The main document is a certificate that confirms ownership. If the seller only has a GSK book, then he will have to draw up the document himself. For this you will need:
- GSK book;
- written statement;
- cadastral passport;
- a receipt confirming payment of the state fee.
When the above list of papers is ready, you can contact Rosreestr to draw up property documents. After the seller provides papers that confirm that he is the owner, they begin to conclude an agreement.
Conclusion of an agreement
It is not easy to complete a purchase and sale transaction, and therefore it is better to familiarize yourself with the nuances of this process in advance. To successfully register a real estate transfer transaction, prepare the following documents:
- a passport that confirms the identity of the buyer and seller;
- a certificate confirming that the owner of the garage is the seller;
- documents with the help of which the seller obtained ownership of the property being sold;
- cadastral passport of the garage, which is issued to its owner after measurements;
- land papers, which include a lease agreement, a certificate of privatization.
Sometimes a child under fourteen years of age is a co-owner of the property. In this case, you will have to provide his birth certificate.
Property registration
After collecting the necessary papers, as well as successfully concluding an agreement, the property is registered. To register property rights you will need:
- contractual draft, which is signed in the presence of civil servants;
- a receipt indicating the amount of registration payment;
- deed transferring real estate to a new owner.
The registration process will begin immediately after submitting the listed documents to Rosreestr. Registration lasts 30-40 days.
How to register a garage purchased without documents
Often the owners of a non-privatized garage need to register it. This is done to officially dispose of it:
- sell;
- give;
- lend it for temporary use.
The easiest way to legalize a garage is located in a cooperative. The main thing is that the owner pays the full amount of the share contribution in advance. To decorate a garage space, the following steps go through:
- Receipt of a document confirming full payment of the contribution.
- Drawing up a certificate confirming that the share is transferred to the cooperative. Before this, you will have to organize a meeting with all members of the cooperative to obtain their consent.
- Obtaining written confirmation from the head that the land is transferred to the cooperative.
- Carrying out measurements of the land plot and its characteristics for the legal registration of a car garage.
- Preparation of necessary papers for subsequent registration of real estate.
conclusions
Registration of a garage as a property is an important and necessary procedure. Without a certificate of ownership, you may lose your property in vain. The procedure for registering a garage consists of several stages:
- Determination of the type of garage (major, complex and others).
- Contacting the BTI (submitting documents, receiving written confirmation of their acceptance).
- Contacting the Registration Chamber (providing a package of documents).
- Obtaining a Certificate of Registration.
We hope that the information presented in the article will be as useful as possible for you.
Deadlines and fees
Anyone who is going to register a garage space must understand the deadlines and state duty for purchasing a garage in 2021. To find out the exact dates, you will have to personally go to the registration office and get a receipt there, on the back of which the date of the next visit is indicated. On average, a registration transaction lasts a little longer than a month. However, sometimes documents are processed much earlier.
To prevent registration from taking longer, experts advise carefully studying the documents and checking them for errors. If they are completed incorrectly, the registration process will be suspended for 30-40 days.
Individuals who register real estate must pay a state fee of two thousand rubles. If you refuse to pay it, Rosreestr will refuse to accept the documents. Therefore, it is recommended to pay the specified amount and provide a receipt to confirm the payment made.
Problems that may arise with the land plot
A great option is to buy a garage and land at the same time, but this is very rare. The site is most often owned by the city authorities, and the owner simply accepts it for rent; the duration of such a lease depends on their loyalty. Most often these are short-term rentals lasting from 1 to 3 years.
A profitable deal is considered to be the purchase of a garage, the site of which is allocated for permanent use:
- Since October 30, 2001, such land can be privatized free of charge, referring to the dacha amnesty law.
- Land can be given for long-term lease to garage cooperatives; their members can buy out their share, provided that all garage owners have registered their garages in the state register.
- When purchasing a garage, you need to thoroughly study the long-term lease agreement for the land and inquire with the local municipality about future plans for the purchased plot.
What difficulties may arise
When purchasing any real estate, there are risks that you should familiarize yourself with.
The main danger for a person buying a car garage is scammers. They do everything to deceive the buyer, get money from him in advance and hide. It is not recommended to buy real estate from:
- people with alcohol or drug addiction;
- sellers who are trying to get rid of seized property;
- an incapacitated person;
- people who do not have documents for a garage;
- sellers who refuse to complete a real estate transaction.
Among the common mistakes of buyers is prepayment by verbal agreement. In most cases, people who ask for money before concluding a contract are scammers.
