What to look for when buying a garage, what documents are needed and rules for registration through the MFC

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.

Movable or immovable property: how to determine

From 2021, movable property is exempt from tax. Therefore, it is extremely important to understand its differences from real estate, so as not to overpay to the budget and not have disputes with the tax authorities.

According to paragraph 2 of Art. 130 of the Civil Code of the Russian Federation, all property that is not real estate is recognized as movable. Therefore, when qualifying an object, one must act by the method of elimination. Let us name five signs that property is immovable. If none of them are characteristic of the object you are interested in, then it is movable.

1. The property is firmly connected to the land. Such objects cannot be moved without disproportionate damage to their purpose (clause 1 of Article 130 of the Civil Code of the Russian Federation, see also letter of the Federal Tax Service dated March 1, 2021 No. BS-4-21/2512).

Real estate includes, for example, buildings, structures, and unfinished construction projects. Exceptions are objects without a foundation that are moved without compromising their purpose (hangars, kiosks, etc.). This is movable property.

Aircraft, sea vessels and inland navigation vessels are also recognized as real estate, subject to registration in the relevant registers.

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2. The object is designated as real estate by law (clause 1 of Article 130 of the Civil Code of the Russian Federation).

There are specific objects that are considered real estate according to the law: communication lines (Law “On Communications” dated 07.07.2003 No. 126-FZ), space objects (Law of the Russian Federation “On Space Activities” dated 20.08.1993 No. 5663-I), unmanned aerial vehicles vessel (clause 1, article 33 VK).

3. Rights to real estate are subject to mandatory state registration (Article 131 of the Civil Code of the Russian Federation).

If an object is registered in the Unified State Register of Real Estate, it is most likely real estate.

In the same time:

• state registration of rights is not a prerequisite for recognizing an object as real estate (determination of the Supreme Court of the Russian Federation dated September 30, 2015 No. 303-ES15-5520, letters of the Federal Tax Service dated March 1, 2021 No. BS-4-21/2512, dated October 1, 2018 No. BS-4- 21/ [email protected] );
• An unregistered object can also be recognized as immovable (clause 38 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25, letters of the Federal Tax Service dated February 8, 2019 No. BS-4-21/2181, No. BS-4-21/2179, dated November 20, 2018 No. BS-4-21/22488).

When conducting audits, tax authorities rely on information from the Unified State Register of Real Estate. And as you know, they are prone to formalism. Therefore, make sure that movable property is not included in the register by mistake. Otherwise, you will have to prove your right not to pay tax in court.

4. There are available for the facility (letters from the Ministry of Finance dated June 29, 2021 No. 03-05-05-01/51043, Federal Tax Service dated October 1, 2018 No. BS-4-21/19038, dated August 2, 2018 No. BS-4-21/ [ email protected] ):

• construction permit, commissioning;
• documents of technical accounting, technical inventory;
• project documentation.

In this case, the object is recognized as immovable, even if there is no registration in the Unified State Register of Real Estate.

5. The property is not capable of functioning independently.

If the property is part of a property complex and cannot be used independently or the property loses its functional qualities without it, it is taken into account and taxed as part of the real estate (letter of the Federal Tax Service dated April 23, 2018 No. BS-4-21/7770). Examples of such property are elevators, garbage chute, heating system, water supply, etc. (letter of the Federal Tax Service dated 02/08/2019 No. BS-4-21/2181, No. BS-4-21/2179).

This is especially true when such equipment is being replaced. The question immediately arises: to consider it as movable and not pay tax or to accept it as part of a taxable immovable object? The second option will be correct.

If the movable and immovable object can easily do without each other, register the movable and you may not have to pay tax.

Use these signs to avoid breaking tax rules. And keep track of judicial practice regarding the classification of certain objects as movable or immovable property. The Federal Tax Service itself regularly deals with this.

Thus, by letter dated July 30, 2019 No. BS-4-21/14997, the department sent the position of the Supreme Court (ruling dated July 12, 2019 No. 307-ES19-5241) on recognizing production equipment (lines) for which a separate building was built as movable property.

A number of court decisions on the topic are given in letters from the Federal Tax Service dated April 20, 2020 No. BS-4-21/ [email protected] , dated August 28, 2019 No. BS-4-21/ [email protected] In these examples from practice, such objects are designated as movables , How:

• along-route cable communication line of the gas pipeline branch;
• paving;
• fencing;
• high-rack structures;
• evaporators, crystallizers, elevator and diffusion apparatus, etc.

The main feature of movable property here is the ability to dismantle it.

Examples of property that was recognized as real estate, from ConsultantPlus In controversial situations, the following were recognized as real estate: a transformer substation, which is located in a specific location, installed on a monolithic reinforced concrete foundation, connected by communications (cable power lines underground) with other objects (Definition of the Armed Forces of the Russian Federation dated 03.09 .2018 N 307-KG18-13146, Appendix to the Letter of the Federal Tax Service of Russia dated 04/20/2020 N BS-4-21/ [email protected] with reference to the Resolution of the Arbitration Court of the North-Western District dated 05/18/2018 N F07-5328/2018 on case No. A05-1595/2017, Letter of the Federal Tax Service of Russia dated August 28, 2019 No. BS-4-21/ [email protected] ); See K+ for more examples. Trial access to the system is free.

Also, the Federal Tax Service recognizes as real estate inseparable improvements to leased property if they are (letter of the Federal Tax Service dated April 20, 2020 No. BS-4-21 / [email protected] ):

• are of a capital nature and are taken into account by the tenant as part of the operating system;
• entail a change in the service (functional) purpose of the real estate, change its area;
• cannot be freely moved or dismantled without causing damage to the rented object.

Whether to pay property tax on unfinished construction projects, read here.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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.

Locks and gates

The gate and lock are the very means of protection that will not allow thieves and hooligans to get to your vehicle. Saving on such issues is under no circumstances recommended.

The following requirements can be presented to the gate:

1. Their height is about 2 meters, but no less.
2. When entering, the opening width must have a margin of at least 30 centimeters on each side relative to the width of the car.
3. The range offers gate designs, which are divided into sliding, swing, sectional, up-and-over, etc.
4. Despite the large selection, the most popular models are swing ones.
5. Make sure it's easy enough to use that opening and closing won't cause any additional problems.
6. It is advisable to choose a garage with doors that have thermal insulation properties.
7. A good option would be metal gates with medium wall thickness.
8. Avoid padlocks. They are very easy to hack and open, and therefore access to your car can be gained in a matter of minutes.
9. It is better to immediately replace the owner’s existing locks with new ones, regardless of how much you trust the seller.
10. The most reliable locks are presented in the form of a lever mechanism.
11. To increase security and peace of mind, you should install a pair of locks, each of which will have its own type of security. There is no point in installing the same type of locks.

Such components of the garage as gates and locks play an important role, so you should be attentive and carefully approach even such seemingly small things. Do not forget that it is gates with a lock that provide the very protection for which garages are valued.

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.

Who can use it?

Main requirements for registration:

• A necessary condition is the construction of the building before 2004, that is, before the adoption of the Town Planning Code. The amnesty does not apply to garages built after this date.
• The garage should consist of only one floor and should not contain living rooms. The facility can be built as a separate building or part of a garage and construction cooperative. An important condition is confirmation of the status of a permanent structure (the garage must have walls and a foundation).
• The land on which the garage is located must belong to the state or municipality.

Important ! When registering, look at the date of construction, not purchase. The heirs of the garage could receive it both before and after 2004, but it is important that the object was built before the end of 2004. Therefore, they will have to document this fact.

What real estate is not included in the amnesty:

• Garages that appeared after 2004.
• Unauthorized buildings.
• Shells are collapsible metal structures.
• Underground garages in office complexes and multi-storey buildings.
• Extensions to other objects: store, house, car service building, etc.

Who is eligible for the “garage amnesty”:

• Owners of properties that were built before 2004.
• Heirs of garage owners.
• Buyers who purchased the property from the original owner.

Important ! Regional administrations must prepare a plan for the placement of garages for disabled people. Moreover, they are allowed to use non-permanent structures.

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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.

Attempts to justify yourself: illegal registration of the purchase and sale of a garage

The main arguments of the car owner in defense of the illegal purchase of real estate are the cheapness and speed of the transaction: the seller takes the money, and the buyer receives the keys to the garage. The process is done without running around and collecting “papers”, visiting “friendly” officials and extracting the necessary certificates from them.

Another plus is that in this way they acquire real estate that cannot be obtained legally. We are talking about “yard” garages in residential areas of the city, the right to which is available only to people with disabilities of the musculoskeletal system. This injustice is being corrected “in the dark”, since officially only a person with similar health problems can buy/sell a subsidized “motorhome”.

This is probably where the minor advantages of the dubious deal end, and it’s time to move on to its major disadvantages. What are the consequences of incorrect registration of a garage purchase?

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.

Dimensional characteristics

If you are seriously approaching the purchase of a building where you will store your car, then when purchasing, be sure to check the dimensions of the garage. The car owner, when choosing the appropriate option, must take into account the dimensional parameters of his vehicle. Therefore, before you finally choose a garage, take measurements of the car and compare them with the dimensions of the internal space of the structure.

Some people own compact city cars, for which literally a few square meters are enough. But there are also cars like large SUVs or long sedans that are unlikely to fit in the same conditions as compact runabouts.

If we are just talking about storage, it is important to make sure that when moving inside, the width of the room is enough to open the car doors. It will be much better if you come to view a potential option by car, try to drive inside and leave the salon.

Also look at the amount of space in front and behind. It is not recommended that after parking the garage door closes almost flush against the car, and the second part rests closely against the wall. The minimum space in front and behind is 1 meter. It is better to provide 1.5-2 meters on the sides.

Those who plan to additionally use their car garage as a mini-workshop, that is, to service their own car, must add at least 1.5 meters on each side to the size of the car. This will allow you to place different drawers and shelves for tools, as well as provide normal passage around the car without driving it out onto the street.

If we talk about optimal sizes, he will name the following parameters:

• the width must be at least 4 meters;
• length cannot be less than 7 meters;
• the height of the structure is up to 3 meters.

Such dimensions allow you to park the car, as well as provide storage space for tools, seasonal tires, some shelves, drawers and cabinets. If the garage is planned to be used as a workshop, it is recommended to increase the specified parameters, with the exception of height, by 1.5-2 times.

Availability of electricity and ventilation

You should make sure that the sockets are working and that electrical safety measures are in place. Do not forget that even the smallest short circuit can lead to a serious fire. The garage in question must have a lighting panel, and sockets must be located at least a meter from the floor; it is also important to find out about the presence of grounding.

• It is also important that there is always fresh air in the place where your car is permanently located. Do not forget to check the operation of the ventilation, because if it is performed without any errors, then dampness will not endanger your car. You can spend a long period of time in a garage with good ventilation without fear of getting a large dose of gas, and the car will receive a guarantee of excellent storage conditions.
• It is important to know that natural ventilation will not work here, as it has very low efficiency. It is good if there is mechanical ventilation (using a fan), or a combined type of ventilation. But the ideal option would be a garage, where exhaust ventilation is also installed in the basement.

Basement and pit for repair

If the garage you are considering has an inspection hole, then this is a huge plus. But immediately before purchasing, you should decide whether you need it.

Attention: We should not forget that today service centers are so common that most drivers consider the inspection pit an unnecessary and forgotten attribute of the garage. However, if it does exist, do not forget to ventilate its tightness and degree of insulation. A very important factor that many often forget about is protection from water.

• If the pit is made of brick or not concreted, then the evaporation of moisture can threaten your car with corrosion. It is also advisable that steps be used for descent, because using them is much easier and more convenient than using stairs.
• You can very simply subtract the size as follows: the depth should be equal to your height + fifteen centimeters, the width should be from eighty centimeters (depending on the width of your car), the length is also considered depending on the car, but there may already be related options when in the pit run over the front or rear, depending on which part needs repair.
• The problem of height can also be solved in a trivial way - with a stool, but if you are taller, then it is preferable to find a garage with a deeper hole, since it will not be very convenient to work with the car in a bent position.