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.
Procedure
First you need to assess what your situation is with the construction.
Then the direction of action will appear. Next, you need to decide what documentation should be collected to register the right (based on your situation). That is, which papers are already available and which ones need to be obtained.
In some cases, you will need to take actions with legal consequences, for example, go to court, obtain approval from the municipality, etc.
At the final stage, formal payments (duties) are made and the collected package is submitted to Rosreestr.
Frankly speaking, the main efforts should be focused on collecting the necessary document. The following provides step-by-step instructions for collecting the correct documentation, depending on the particular case.
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.
On your own site
In the case of private ownership of a garage premises, the procedure for registering its ownership is as follows:
- A technical plan for the structure is drawn up.
- A cadastral passport for real estate is issued.
- An application for registration of a garage is submitted to Rosreestr according to the general rules.
Attention! An ordinary garage is a non-residential premises. To build it, you do not need to obtain a special permit, unless the object is used for commercial purposes.
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.
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.
Bottom line
Today there are quite a lot of opportunities to re-register a garage for another person, so every garage owner can choose the most convenient one. Some methods are easier to complete, others are more difficult, but in any case you will have to collect a large number of documents. Prepare and register them.
To do everything correctly and spend a minimum of time and effort, it is better to use the services of specialists who will not only check the accuracy of the documents, but will also help you receive them much faster.
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.
Simplified registration
As you can see, registration is not that difficult. However, there are many issues that numerous applicants for legal property cannot overcome. For example, in order to register the right to land under an outbuilding, you must first register the building itself. And it is registered if there are rights to the land. How to break this vicious circle?
Details about the city amnesty.
To resolve such issues, a draft law “On amendments to certain legislative acts of the Russian Federation in order to regulate the issues of acquisition by citizens of rights to garages and the land plots on which they are located” was submitted to the State Duma for consideration. It provides for a simplified registration system and will help “break through” existing barriers. Tentatively, the law, which has been dubbed the “Garage Amnesty,” will come into force in 2021.
Re-registration of self-built buildings: possible problems
It is possible to purchase a garage without documents, but this is fraught with problems in the future. In this case, there is a high probability of losing the building in the literal sense of the word.
Demolition of an illegal building without documents will fall on the shoulders of the new owner. It is possible to re-register and legalize such a squatter garage by going to court. In this case, it is desirable that the site be leased or purchased by a new owner. The structure of the garage must comply with all building codes.
The primary owner of the unauthorized construction is involved and the unauthorized construction is legitimized through a court decision. Only then can the new owner have peace of mind when purchasing. The transaction was carried out legally.
Change of owner
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
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The procedure for changing ownership is typical for any transaction involving the alienation of a property, be it a purchase or sale or a gift.
The transaction itself does not confirm a change of ownership. It only indicates that one party accepted the object, and the other received the money, if it is a garage sale.
In order for the one who received the garage to become an owner who is endowed with legal rights, it is necessary to take part in state registration.
It is after this that you will become the real owners of the garage. Without completing the proper documents, a citizen will be considered a user and not an owner by law.
