Rosreestr told which garages cannot be registered as property

What garages are we talking about?

The amnesty covers garages built before the entry into force of the Town Planning Code of the Russian Federation, that is, before December 31, 2004. We are talking, first of all, about capital structures that have a foundation and walls.

The buildings must be one-story, without residential premises. They can be part of garage-building cooperatives or be separate capital buildings.

The land on which the garage is located must be administered by the state.

Self-built buildings and underground garages in high-rise buildings and office complexes are not included in the “garage amnesty”.

In some cases, it is possible to register ownership of the land under a non-permanent garage - if such a garage was erected before 2005, and the land under it was provided to the owner as a member of the garage cooperative.

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.

What documents are needed?

It is necessary to provide a document confirming ownership of the garage, for example:

- on the provision or other allocation of a land plot or on the emergence of the right to use the plot on other grounds;

— agreement on connection (technological connection) of the garage to utility networks;

— agreement on the provision of utilities in connection with the use of the garage;

— a document confirming payment of utilities;

- a document confirming the state technical registration or technical inventory of the garage before the beginning of 2013, which contains an indication of the copyright holder of the garage or the customer who produced the document and the year of construction;

— a document confirming the provision or other allocation of a land plot to a garage cooperative, the organization under which the garage cooperative was organized, for garage construction;

— a document confirming the acquisition by a cooperative or organization of the right to use a land plot for other reasons;

— a decision of the general meeting of members of a garage cooperative or another document on the distribution of a garage or land plot to a citizen;

- a document issued by a garage cooperative confirming payment of a share contribution by a citizen or confirming the fact of construction of a garage by a cooperative or a citizen

Regions have the right to approve additional lists of documents that will make it possible to acquire the right to the land under the garage.

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.

Who has the right to act as a donor?

Donation of real estate is possible only by an adult and legally capable citizen. If the garage belongs to a child under 184 years of age, any transactions are prohibited.

If the owner has limited legal capacity, a guardian acts on his behalf, but with the permission of the guardianship authorities. The likelihood of it being processed is low.

Briefly: the donor has the right to be a citizen over 18 years of age, to whom the garage belongs as property. Donation on behalf of children by parents is possible with the consent of the guardianship authorities, and it is difficult to obtain.

Registration of purchase and sale of a garage

Based on practice, we can say that there are life annuity agreements with minors suffering from serious illnesses, whose parents are poor and, for health reasons, are unable to provide care for them.

The sale and acquisition of a garage is carried out taking into account the rules for transactions with real estate, since all such buildings, the basis for which is a capital foundation, are classified as real estate. A similar provision is contained in Articles 130 and 131 of the Civil Code of the Russian Federation.

In practice, you may encounter a more complex situation when the heirs are not one, but several children. In order to “collect” all the shares from one heir, you will have to transfer money to the account of one or more minors in any case.

From August 4, 2021, this point will no longer make sense, because It will not be possible to register a car for a child under 16 years of age.

So I invite readers to reflect on this problem. If you come up with some way to reduce losses, describe it in the comments below.

The interests of children under 14 years of age are represented by parents, adoptive parents or guardians. If a person acting on behalf of a child between 14 and 18 years of age gives written consent, the property owner may sign the agreements. Children over the age of 16 have equal rights with other adults if they marry with parental consent, are employed under a contract, or start their own business.

With the indicated list of documents in hand, you will need to visit Rosreestr in order to acquire a certificate of ownership.

Spouses and children are considered the primary heirs. If a will is drawn up during the life of the deceased, the former owner has the right to give his property to anyone, even a stranger, without leaving anything to his child. Children can become owners of half the share provided by law on the basis of the Civil Code of the Russian Federation.

The procedure for registering a car for a minor owner is similar to the usual registration, with the addition of providing the child’s birth certificate and the participation of parents in the form of written consent to complete the transaction.

Transfer of ownership There are 4 types of transfer of ownership: Acquisition, Inheritance, Donation, Privatization.

Another necessary document, the purchase and sale agreement, is drawn up during the transaction and signed by both parties.

This must be taken into account if they are going to sell this apartment. Another way to register an apartment for a minor child is to draw up a will.

Registration of purchased real estate for a minor

But this is not one hundred percent. Some people don’t have enough time, some don’t have enough documents, while others simply don’t consider it necessary to worry about what they think are unnecessary problems.

If the seller does not properly prepare the documentation for the garage, its sale under the terms of the purchase and sale agreement will be impossible. In fact, under these circumstances, a new membership card is usually issued to the GSK for the person purchasing the garage.

Minor children can act as parties to a donation only with the participation of their legal representatives.

However, many of the sellers do not bother to provide those few documents, without which the sale of a garage is impossible, and buyers take their word for it and purchase real estate on very flimsy and frivolous terms. Such a mistake may subsequently result in the loss of the parking space and the funds paid for it.

Concept and parties to the gift agreement

The most surprising thing is that after many scams with the purchase and sale of garages, which car enthusiasts have heard about, legal sites continue to be full of questions about the possibility of buying a garage without documents.

In accordance with Art. 28 of the Civil Code of the Russian Federation, transactions can be made on behalf of children under 14 years of age by their parents (guardians, adoptive parents). Art. 26 of the Civil Code of the Russian Federation determines the possibility of transactions by teenagers from 14 to 18 years old only with the written consent of their parents.

Clause 18.1 of the Tax Code of the Russian Federation includes the persons indicated above:

grandparents;
parents;
adoptive parents;
children;
adopted;
grandchildren;
spouses;
half and full brothers and sisters.

Donating a garage is a well-known and frequently used method of transferring ownership of a garage. This method becomes especially relevant in the case of a deed of gift to a relative or family member, since such a transfer of property is not subject to tax.

And then I can register the garage for myself. Tell me, can the garage not be privatized until I can do it?

Such a garage is not a permanent structure and can be moved to another location without compromising its integrity, therefore compensation for “temporary buildings” is not provided for by law. The validity period of a land lease agreement is usually three months.

This approach will make it possible to realize “hidden” opportunities - to privatize a share that is leased.

This norm should be understood in its literal sense. Any person, regardless of his age, can own private property. This confirms the rule of Art. 17 of the Civil Code of the Russian Federation. according to which the ability to have civil rights and bear responsibilities (civil capacity) is recognized equally for all citizens, and it arises at the moment of birth.

Therefore, for those who are thinking about organizing comfortable conditions for storing and operating a car, experts recommend that they familiarize themselves with legal practice and choose the best option.

We can only note that the circumstances must be truly exceptional (for example, disability, severe incurable disease), and your desire to pay for your child’s education on a commercial basis at a university or buy a very expensive computer or ATV will not be considered such circumstances by the guardianship authorities.

Garage as an investment

How justifiable are the costs of purchasing and owning a garage? What advantage do we have, besides the hope that the market value of this object will grow faster than the ruble depreciates? Drom.ru figured out whether there is any economic benefit from such real estate.

Costs for purchasing and maintaining a garage

Prices for ready-made garages depend on many factors: area and condition, what it is made of, availability of communications (electricity, heating, water, etc.), where it is located, whether it is convenient to get to it, legal status, etc. In Moscow there are advertisements for the sale of a rusty box in a “field” for 5,000 rubles, and someone is asking 39 million for 212 square meters of a permanent building. The average price of a garage in the capital is 800,000 rubles. In St. Petersburg, at the same average cost, you can find an advertisement for the sale of parking spaces with a total area of 30 m² for 57,600,000 rubles. In other large cities of the country, the price range is noticeably smaller: in Arkhangelsk and Nizhnevartovsk the average garage costs 670,000 rubles, in Vladivostok and Irkutsk - 580,000, in Rostov-on-Don and Murmansk - 500,000, in Yekaterinburg - 480,000, in Samara and Chita - 450,000, in Khabarovsk, Kazan, Voronezh - 400,000, in Nizhny Novgorod, Novosibirsk, Perm, Tyumen - 350,000, in Volgograd, Saratov, Chelyabinsk - 250,000 rubles.

Building a garage yourself, if it is not a palace, or buying a “constructor” for assembly will cost much less - 10,000–30,000 rubles. Separate investments will require additional arrangement (creation of an inspection hole or cellar), as well as the supply of electricity. But the total costs will largely depend on the cost and complexity of designing a space for a garage.

If the garage is owned, then every year you need to pay property tax for individuals. Its regional rate can be found on the website of the Federal Tax Service. Most often, the cadastral value of the property is taken as the tax base; the tax amount ranges from 0.1 to 0.3% of this amount. If the parking space was registered as a share in non-residential premises, then a rate of 0.5% is applied to it. If municipal authorities have determined the total inventory value as a base, then for the cost of a garage up to 300,000 rubles inclusive, the tax amount will be 0.1%, from 300,000 to 500,000 rubles - 0.1–0.3%, more than 500,000 rubles - 0.3–2%. If, in addition to the garage, the land underneath it is also registered as a property, then you need to pay land tax on it - on average about 1.5% of the cadastral value of the site (rates are approved by regional authorities). For a garage owned by a cooperative, its owner pays fees, which, in addition to compensation for the above taxes, may include expenses for laying a common internal road, installation and maintenance of automatic gates, wages for a watchman, etc. For used electricity, water, heating, if any, you need to pay separately according to the meters. In principle, the above expenses are not so large - from several hundred to several thousand rubles per year, but they still need to be paid.

Your own garage without a car

Oddly enough, garages are often purchased by those who do not have a car. One of the most common situations: a specific demand coincides with a suitable supply. For example, homemade preparations are very popular in a family, and to store them you need two or three refrigerators, which, firstly, cost money themselves, secondly, take up space in the apartment, and thirdly, consume electricity. Therefore, buying a garage with a cellar at a reasonable price solves the problem. For those who like to spend time with a large group, turn up the music louder and barbecue without going outdoors, the garage can be an ideal place for hangouts. And it will pay off due to the money saved on food and drinks that would have to be ordered in cafes and restaurants.

Another option for using a garage is to create a warehouse for both personal belongings and business. Renting special warehouses for storage costs from 500 rubles per square meter per month - inexpensive if used for a short period of time (for example, if you need to store things while renovating an apartment, office or store) or in a small volume. If things need to be stored for a long time and in large quantities, then a garage may be more profitable. The main thing is that it does not leak, does not flood, that there is normal ventilation, otherwise furniture, carpets, textiles, etc. may be irrevocably damaged.

A garage may simply be necessary to create a compact production facility or a repair service for something. To install a lathe, a carpentry table or one lift, 12–30 square meters is enough, but another room of a similar area is difficult to find, and it will cost significantly more. But you need to keep in mind that such use of the garage will most likely be illegal, since the status of the premises and the land on which the garage stands does not imply its use for any other purposes other than storing vehicles and personal belongings. However, the inspection authorities need to prove that the owner of the garage is engaged in business activities and is not assembling a kitchen set for himself or repairing a friend’s car. But if they prove it, they will have to pay a fine of 5,000 rubles and, possibly, go through several inspections by firefighters and other supervisory authorities. Now there are more and more active ideas to bring the garage business out of the shadows, but so far no concrete measures have been taken.

The least troublesome and most common way to make money from a garage is to rent it out to car owners. However, under normal conditions (a standard garage on the outskirts of the city), investments will take a very long time to recoup and will begin to make a profit only after a few years. In Moscow, the average price for renting a garage per month is 7,000 rubles, in St. Petersburg - 6,000, in Yekaterinburg - 4,000. It turns out that without taking into account inflation and other economic factors, the money invested will be returned on average in ten years. Money invested in a garage in the city center or in a residential complex where there are not enough parking spaces will be returned faster. But the initial investment will be much larger and will be comparable to the price of the apartment, the income from which is more stable and higher. And if you put money in a bank account, then, for example, at 6% per annum, income from a million will be 5,000 rubles per month - the same as renting out a garage. Only without the hassle of registration, searching for clients, maintaining the premises in marketable condition and other waste of effort, time and money.

Storing your car

For a car owner, the benefits of having your own garage are obvious. For some, the problem of having a parking space is relevant, for others it is about the safety of the car, and for some, comfort is important. Buying a garage next to your home solves all these problems at the same time, plus there is a place to store a seasonal set of tires, tools, a spare battery and other things, as well as a room where you can watch football with friends.

If you compare buying your own garage and renting someone else’s, then on average your investment in real estate will be compensated in the same ten years. Using secure parking is more profitable, but this depends on the region and area. In some cities there are options for 1,500–3,000 rubles per month. But in some places they charge 200 rubles per night, that is, in a month they add up to 6,000 rubles, and this is already comparable to renting a garage. It will be even more expensive to leave your car overnight in a paid parking zone. At the same time, unlike a garage, you cannot store anything in the parking lot, and in winter the car needs to be cleared of snow, so your own box is clearly more profitable.

Registration of a transaction for the purchase of a garage

A garage is a piece of real estate whose change of ownership must be registered.

The simplest procedure is to formalize a transaction for the sale of premises, the status of which has already been legally determined, that is, it is registered in the register with all the necessary attributes: assigning a number to the object, entering it in the cadastre, fixing the address and area, and registering ownership. Moreover, such a garage can stand alone, be located on the territory of a garage cooperative, or be part of a multi-story garage complex - the main thing is that it is owned by a specific person who can confirm this. The purchase is formalized by an agreement, on the basis of which the data of the new owner is entered into Rosreestr. If the garage and the land underneath are two different objects, then two transactions need to be completed. There may be a situation where the garage is owned and the land is leased, then a new agreement must be concluded with the owner of the land.

But often garages in cooperatives are not privatized. And in this case, buying a garage (or rather, a share in a cooperative) is essentially a transfer of the right to use, and not the right of ownership of real estate. The former owner leaves the group of companies, the new one becomes its participant. In order to become one, you need to write an application addressed to the chairman of the cooperative and receive confirmation from him or from the association’s council of acceptance. That's all. The details and complexity of the procedure depend on the charter of the Civil Code. This document also stipulates the conditions for using the garage, share contributions, the procedure for selecting the board, making decisions, etc. But we emphasize that when you join the members of the Civil Code, you can only use the garage, it does not become the property of the new owner.

In order to become a full-fledged owner of a garage that is part of a cooperative, you need to make some efforts. To begin, obtain from the chairman the title document of the cooperative - the decision to create, as well as documents regulating land relations: an extract from the state register on land ownership, a lease agreement or another document confirming the legality of the construction of garages on this site. If there are no such documents, then you need to get them, not for yourself, but for the cooperative.

Quite often, difficulties arise when the land was allocated for free use - now there is no such legal form. If this happened before October 2001, then the land can be privatized for free; if after that, you need to negotiate with the owner (most often the municipality) about the transfer, purchase or lease of the land plot. Both operations require the issuance of a cadastral passport for the site. If everything is in order with the cooperative’s documents, then you need to obtain a certificate of membership and payment of the share from the chairman, issue a cadastral passport for a specific garage and submit an application to Rosreestr for registration of ownership rights with payment of the state duty.

If you buy a garage without any legal documents and do not formalize it, then in the future you may encounter two problems: the garage may be demolished as a self-construction, or when the territory is redeveloped, they will refuse to pay compensation for the demolition. Therefore, you need to decide whether it is worth the risk of investing in such unreliable real estate.

What is important to know

Procedure for re-registering a garage to a new owner:

We determine which of the types described above is used to register the structure - donation, exchange or sale.
We collect the required documents.
Discusses the details and conditions with the applicant for the purchase of the building.
We draw up an agreement.
We transfer funds.
We register the agreement.

There are many questions associated with the design; we will briefly consider the most common of them.

Is it necessary to ask the husband (wife) for consent to sell real estate? Yes, when the building is in common ownership of both spouses, that is, purchased after marriage. The exception is gift or inheritance.

Is it possible to carry out the procedure by proxy? Yes, but it must be completed correctly. Also, the authorized person must have with him a document confirming his identity - a passport.

Taxation

Receiving ownership of any object is recognized as profit, for which you need to pay personal income tax - 13% of the cadastral value. The payment deadline is July 15. The declaration must be submitted by April 30.

Close relatives of donors are exempt from paying tax: brothers, sisters, parents, children, grandparents. But you will still have to bring a declaration and a document confirming the relationship.

This can be done in person at the Federal Tax Service at the location of the property, or through the taxpayer’s personal account on the official website of the department.

How to sell a child's vehicle?

In this case, the former owner is obliged to pay personal income tax (13%) on the profit received. But it is better not to use this method of transferring housing rights to a child.

In the Russian Federation, the law provides for the registration of property for children; we will consider in more detail how to register real estate for a minor child.

As a rule, a constituent entity of the Russian Federation adopts a Law on Guardianship and Trusteeship, which regulates the competence of the guardianship authorities, the procedure for obtaining permission and establishes a list of documents required for this (usually it is not exhaustive).