Do you need cadastral and technical passports for a garage?

The procedure for obtaining information from the State Property Committee for a garage

To obtain a cadastral passport for a garage, the owner of non-residential real estate must have on hand the necessary certificates from the BTI - about the inventory of the premises. Technical information received before 2008 is equivalent in legal force to a cadastral passport.

It must be issued if you want to sell real estate or perform other legally significant actions with it . If you want to order a cadastral passport for a garage, you need to contact Rosreestr - personally or through a representative. The service can also be ordered through the MFC or the official website of the department.

The following information is attached to the application for a cadastral passport:

• technical certificate from BTI;
• a copy of the applicant's identity card;
• receipt for payment for the service.

There is no state duty to be collected. Payment is made for services actually rendered. The cost of the service is 200 rubles. – for information in paper form; 150 rub. – in electronic form.

Technical certificate

A technical passport can be obtained by all citizens who have a permanent building. To do this, you need to collect all the acts and contracts necessary for confirmation, pay the state fee and write an application. Any owner over 14 years of age can do this. This document is not issued for temporary buildings, which by definition are not included in the list of real estate objects.

If the garage is installed on a foundation, it has erected walls, a floor and a roof, then these parameters directly indicate its continuity with the land plot and give the right to receive two types of passports. There are no other conditions or special requirements for obtaining this document.

If the owner is under 14 years of age, the application can be submitted by his parents or other legal representatives. Applications are accepted from persons who have received this right from the owners on the basis of a power of attorney or agreement. The list of documents may be different, and this depends on many reasons. It is required to present copies of the originals, which should not contain any corrections. They should be written in permanent ink and not in pencil. All entries must be legible.

Usually presented:

1. Passport.
2. If necessary, a power of attorney certified by a notary.
3. Agreements confirming the right to act on behalf of a legal entity without a power of attorney.
4. The heir or other person submits papers confirming the transfer of real estate into his ownership.
5. Receipt for payment of state duty.
6. Documents establishing the existence of rights and their copies.
7. An extract from the state land cadastre contains information about whose ownership the land under the garage is located.

The BTI specialist responsible for accepting applications checks the documents provided, and if they do not meet the established requirements, he returns and explains his refusal. Usually, employees recommend bringing the missing papers and explain which ones.

If the package of submitted papers meets the requirements of the law, then after checking them with the original, the originals are returned, and the copies are left for work. After all the work, they are placed in the inventory file opened for the corresponding object.

Employees come to the site for which a passport is needed, take all measurements, enter them into forms, and then create the necessary documentation.

Two weeks later, on the agreed day, the owner comes to the inventory office and receives the completed documents.

Contents of the document

It is important to consider the following information:

• real estate inventory number - individual or in GSK;
• name and region of location;
• main characteristics of a garage box in a cooperative.

The procedure for obtaining information is carried out within a strictly prescribed time frame. It will take 18 working days to issue paper certificates. Receiving a certificate in electronic form – 10 days. Possible previous conventional numbers of non-residential premises are also noted.

Registration of a cadastral passport is possible not only by the owner. Any citizen who has a document confirming his authority - a correctly executed power of attorney - has the right to contact the registration authorities.

Before receiving a cadastral passport for a garage, you should take care of the land title information. An extract from the State Property Committee is possible only if title to the land has been registered. This can be done when the premises are not included in the GSK facility.

To obtain an extract for the land, you should also contact Rosreestr, with a boundary plan of the site (in paper and electronic form). The lead times for producing information are the same.

Nuances of registering boxes in garage cooperatives

The active growth of cities leads to the repurposing of land, industrial and commercial zones are built up with apartment buildings, and often the territory for new buildings is cleared by the demolition of garage cooperatives. But if those who have registered the right of ownership are entitled to compensation, then those who do not have an extract have no choice but to take legal action. It is relatively easy to register ownership of detached individual garages; a garage-building cooperative is another matter.

Owners of individual boxes in multi-occupancy urban housing complexes with linear development often have only membership books in their hands, without papers confirming ownership. Previously, when such parking spaces were sold, the new owner was added to the list of members of the cooperative, which has no legal force. When the area under the garages is seized for government purposes, the buildings are demolished and the damage is not compensated. To avoid this situation, it is necessary to register the garage box in the cadastre. Documents required:

• application to Rosreestr;
• passport;
• a certificate of a member of the cooperative or a certificate from the board of the GSK about the payment of a share and confirmation of membership in the partnership;
• copy and original of the cadastral passport (USRN extract) of the GSK;
• receipt of payment of state duty.

When the GSK itself is not registered in the cadastral register and not a single box is registered as the property, you must first register the cooperative, which requires submitting documentation to Rosreestr:

• GSK Charter;
• registration certificate confirming the registration of GSK with the Federal Tax Service;
• an extract from the minutes of the meeting of members of the cooperative at the election of the chairman of the GSK;
• order on the appointment of the chief accountant of the GSK;
• list of GSK members;
• lease agreement - confirmation of GSK’s ownership of a plot of land.

Procedure

You need to register the box with the GSK in the following order:

• prepare the necessary documents;
• submit an application for the development of a technical plan to the engineering department of Rosreestr or a company licensed to perform engineering and cadastral work;
• register, provided that the box is a separate structure, if the box is part of a line of garages with common walls, registration of the building is required, and only then - the applicant’s separate box room;
• receive extracts from the Unified State Register of Real Estate;
• submit an application to Rosreestr for registration of property rights.

An extract is issued for a box adjacent to others as for a room in the building. A separate line of boxes is registered as a building. To register a building, you must provide another document - permission to put it into operation; this will be a problem due to changes in fire safety and sanitary requirements. To get out of the vicious circle and register the box, you will need to file a claim in court, the basis for the claim will be a negative decision of the Russian Register and refusal to register the garage.

Possible difficulties

It is impossible to obtain a cadastral passport if the State Property Committee does not contain information about the object. This situation happens when the premises are built without permission. The construction procedure must first be legalized.

It is possible that the inventory value of the property may be overestimated in order to calculate a higher property tax. The cost of a plot can only be reduced through the courts.

Losing your passport will not be a big problem. The main thing is that information about real estate is registered in the state cadastre system. Without receiving information from the State Property Committee, it is impossible to carry out a purchase and sale transaction, donation or exchange. It may take time to find information about the property - especially if the assignee has not cared about the legal status of the property for a long time.

An alternative to information from the State Property Committee is an extract, but it is for informational purposes only. According to the law on state registration of real estate, correctly completed information from the state cadastre is necessary to obtain a certificate of ownership of a garage.

A unified system of real estate objects was created in 2008, which is provided for by the law on the State Property Committee. If the object was registered with the State Property Committee before 2012, then there will be no problems with obtaining the document. All important information was transferred from the BTI to Rosreestr.

It is important to obtain a cadastral passport at any stage of real estate ownership. The garage may be demolished in order to transfer the land for state and municipal needs. If the owner of the property does not have supporting documents, he may not receive compensation for his property.

Samostroy

Any unregistered building, including a garage, is considered unauthorized if the right of ownership or ownership of the land plot underneath it is not confirmed. In most cases, registration in the cadastre and ownership of such buildings goes through the court. During court hearings, it is necessary to prove that the garage was built by the applicant; for this purpose, contracts for the completion of work are provided. You need an extract from Rosreestr stating that there are no claims to this object and land plot. In this case you need to provide:

• registration certificate;
• conclusion of the architecture department of the local government, the Ministry of Emergency Situations and the SES on compliance with the red line, fire breaks and norms, sanitary and epidemiological requirements;
• lease agreement for a land plot, if it belongs to the municipality;
• lease agreement with the owner, if the land is owned by an individual or legal entity.

Other nuances

A sample form can be found at the territorial division of Rosreestr. All information is available on information stands. Registration of necessary services through the MFC will save waiting time, but the cost of the work will increase due to possible payment for the form.

A cadastral passport must be issued in compliance with the rules of jurisdiction. The document should be submitted at the location of the garage or cooperative.

The sample document contains the necessary information that is useful for the applicant to know before directly coming to the Rosreestr office. You can carry out the procedure in person. The help of a specialist will be required when there are problems when registering an object for inventory registration.

Problems must be resolved administratively or judicially. Otherwise, the procedure for obtaining information from the state cadastre is simple and will not take the applicant much time. Required forms submitted via mail must be certified by a notary. The result of contacting the registry office will be a document that allows you to identify important technical and other information about the garage.

Registration procedure

How to get a technical passport for a garage? Which government agencies prepare it?

Registration of a technical passport can be primary or repeated. In any case, you must contact the BTI with an application. The appeal can be either personal or through legal representatives who have a properly executed power of attorney.

The procedure for registration and the list of necessary documents will depend on the location of the garage:

• on a privately owned plot;
• as part of a garage cooperative;
• is a detached individual building.

Depending on this, the package of necessary documents may differ slightly in each specific case. BTI employees will always tell you what documents you still need to provide. All documents are submitted in originals and copies for verification, without errors or corrections.

Visual example

The standard sample technical passport for a garage box must contain the following information:

• date of execution of this document;
• the key purpose of this documentation;
• a unique inventory number assigned to the property;
• exact address of the property location;
• geocode;
• signature of the authorized employee who processed the passport;
• signature of the government official who checked the paper indicating the date of this procedure;
• position and signature of the authorized employee responsible for the correctness of the specified information;
• all necessary marks confirming the verification of the characteristics of the specified object;
• signature of the performer involved in drawing up the situational plan:
• technical plan of the property, which should indicate the total area of ​​the garage;
• technical characteristics of the garage, that is, its purpose, date of construction, area and volume, as well as the initial and residual value, taking into account wear and tear;
• technical description of real estate;
• separate marks from authorized employees;
• performer's signature.

The land for the construction of a garage must be properly registered, otherwise the garage may be subject to demolition. Read here whether it is possible to register the purchase and sale of a garage share with a notary.