It is no secret that the safety and appearance of a car largely depend on how carefully the owner treats it. Open-air parking lots dramatically reduce the service life of a vehicle, so any types of protected structures are always in high demand and have high prices. And if in the near future you plan to purchase a garage from GSK, documents and registration are what you need to pay attention to, first of all, so as not to become a victim of fraudulent actions on the part of sellers. How to register the purchase of a garage in a garage cooperative correctly and legally, what points you should pay attention to first of all, will be discussed in this article, which will help to avoid many mistakes.
Nuances of the purchase and sale transaction
All real estate transactions are regulated by Federal Law No. 218-FZ. Recently, cases of fraud involving various types of real estate have become more frequent, ranging from illegal buildings to forgery of documentation. Therefore, you need to know how to buy a garage at GSK and not become a victim of deception. Before completing a purchase and sale transaction, you need to carefully study the title documents and find out the following points:
- What status does the land plot under the buildings have?
- Is the specific box registered as property?
- If the object is not property, then has the share been paid in full?
- Is the property registered in the cadastral register?
Important! Only with owned real estate objects registered in accordance with established rules, transactions are considered legal.
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.
How to register ownership?
Legal ownership of a garage in a cooperative is confirmed by an extract issued by the Rosreestr of the territorial branch. The owner who owns the building provides the following package of documentation:
- Identification.
- Technical plan.
- A certificate confirming the repayment of the share in full and membership in this cooperative.
- Receipt for payment of state duty in the amount of 2000 rubles.
- Owner's statement.
If none of the neighbors have been involved in legalizing their car boxes as their property, then additional certificates from the GSK are required:
- Statutory documents.
- Certificates confirming the state registration of this cooperative as a legal entity and tax registration with the Federal Tax Service.
- Protocol on the election of the chairman at the general meeting of members of the cooperative.
- Documents for a plot for the construction of a garage cooperative (permission from authorities for construction and allocation of a plot, land lease agreement).
Attention! If the car boxes are built as a single complex, then they cannot be divided, so the entire complex must be registered with the cadastral register.
Privatization of land at the site of the GSK is possible only after land surveying and agreement with all members of the cooperative. If the contractual obligations of the lease are violated or the construction is illegal, the GSK may be liquidated.
"Garage" land
The land under the garage must be registered in accordance with all the rules. Either it is a registered property or a rented plot.
In this regard, cooperative private parking lots are cause for concern. The responsibility for land verification lies with the chairman. As practice shows, these individuals often take the “letter of the law” lightly.
Therefore, the lease period is not extended in a timely manner, documents for the purchase of garages are not drawn up properly.
If the “life” of the GSK continues, everything is still removable. When the community disintegrates, buildings on unregistered land are considered unauthorized construction, which is a direct path “under the bucket” of a bulldozer.
The advice is simple: it is better to privatize your “piece”.
Remember, strict adherence to the rules of civil transactions in garage cases is the key to the absence of problems with a car box in the future.
For more information about registering title documents for property, see the video:
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Discussion: there is 1 comment
- Yana says:
10/17/2016 at 00:39We recently bought a garage, there was so much red tape with the documents, and we were unlucky enough to have some minor problems. I never thought that we would go through so much trouble with paperwork for the garage.
Answer
How is the purchase of a garage at GSK carried out and the paperwork completed?
Only legally competent registration of the purchase of a garage in a garage cooperative allows, in the event of force majeure, to receive financial compensation or avoid litigation after the purchase and sale transaction.
Seller's package of documents:
- Certificate of ownership in the GSK or an extract from the Unified State Register of Real Estate, issued by Rosreestr.
- Notarized consent of the second spouse to sell the property.
- A document certifying the right to land (long-term lease, perpetual use, etc.).
- A document confirming receipt of the right of legal ownership by the seller (exchange, purchase and sale, donation, inheritance).
- A certificate indicating the cadastral value of the property.
- A draft agreement that will come into force after it is signed by both parties.
To purchase a garage in a cooperative, a citizen of the Russian Federation must, for his part, be vigilant and carefully check the title documentation. The risk of a transaction will be minimized by requesting an extract from the Unified State Register from Rosreestr, which you can even submit and pay the state fee online. The extract will allow you to check the owner of the building and the presence of encumbrances, liens or arrests, and will also provide all the necessary cadastral registration information. You should also study the statutory documents of the GSK and the status of the land plot.
Agreement for the sale and purchase of a garage at GSK
According to Art. 550 of the Civil Code of the Russian Federation, this agreement for the sale of a cooperative car box is similar to transactions with other real estate, must be drawn up in a single document and include the following steps:
- The header indicates the name of the transaction, recording the date and place of its conclusion, and passport details of representatives of both parties. If one of the parties is a legal entity, then all information with contact numbers and legal address is provided. With the participation of a representative by proxy, the necessary details of the document or birth certificate are indicated.
- Provide accurate information about the object of the contract, indicating its main cadastral parameters (including cost), and the land plot under the building.
- Indicate the location, name of the garage cooperative, what it is built from, whether it stands separately or in a single block with other boxes, area, number under which it exists in the GSK, how many levels it consists of, and other individual parameters.
- Write down the price for the building in two versions: in numbers and in capital letters, which will eliminate possible errors.
- The agreement specifies the method of payment, exact terms, the possibility of payment in installments or the entire amount as a one-time payment.
- Signatures on both sides.
Additionally, draw up a transfer and acceptance certificate, which is an integral addition to the agreement. It describes the features of the object at the time of the transaction, whether repairs are required, reflects the list of things that will be transferred to the new owner, or indicates in the contract that the acceptance certificate is not drawn up, the fact of transfer is confirmed by the contract. A sample bill of sale agreement looks like this:
Documents for the sale of a garage may additionally include various conditions. For example, if there is an agreement to pay by installments, then you should indicate the schedule of payments. It is possible to reach an agreement to vacate the property by the former owner and other controversial issues. Russian legislation does not oblige the transaction to be certified by a notary, except in cases of sale of a share in the right, but it is best to carry out this procedure, thereby giving the document greater legal significance. In case of incorrectly formulated requirements, the notary will make adjustments. The agreement can also stipulate the procedure for imposing penalties if the agreement to pay the debt is violated.
Possible difficulties
Difficulties can arise at any stage, so don’t worry. The main difficulty is that very often the garage cooperative is not properly registered, or the land plot is issued to the cooperative only for a limited period, which will soon expire.
ATTENTION: If there are any special nuances that may become the basis for the failure of privatization, you should contact a professional lawyer who will help you find a solution to your problem.
How to register an object to a new owner?
You need to know that ownership of the garage in the GSK will not be from the moment the agreement is signed and certified by a notary, but after its registration in Rosreestr at the location. In this case, ownership rights are transferred from one citizen to another. This means that, regardless of the moment of payment, the building becomes legal only after state registration. For registration with Rosreestr, you must submit the following package of documents:
- Originals and copies of passports.
- Purchase and sale agreement.
- Acceptance and transfer act.
- Receipt of payment of state duty in the amount of 2000 rubles.
- Consent of the second spouse to a real estate transaction, certified by a notary.
The legality of the information will be verified by the registrar within 10 days, followed by the issuance of an extract from the Unified State Register to the new owner. And only after receiving a package of documents from Rosreestr, the new owner has the right to dispose of his property.
pros
If the purchase is made on a legislative basis, the owner receives ownership of the garage along with all the cumulative privileges. To register your status:
- A documentary package is being prepared.
- Discussing the details of the deal.
- Sign the terms and conditions in the main agreement.
- The transaction is registered in Rosreestr.
The main advantage of making a purchase will be the acquisition of storage space for the car. From now on, the car will no longer be parked in the open air in the yard, where there is always a risk of theft. The person also becomes the owner of the land plot on which the garage stands.
Taxation nuances
After selling the property, the seller is required to pay 13% tax on the value only if the building has been owned for less than three years. If the garage is used for a long time, no tax is charged. For those citizens who are officially employed and regularly pay income tax to the state budget, according to the Tax Code, they are entitled to a tax-free deduction in the amount of 250 thousand rubles. If a citizen works unofficially, then he does not have the corresponding benefits. If the market value is significantly higher than the amount of the deduction, then the seller needs to collect certificates, checks, receipts confirming the high costs of maintaining the building and submit them to his regional department of the Federal Tax Service. This will help reduce the tax base.
Where else can you arrange the purchase and sale of a garage?
Specially created Multifunctional Centers can speed up the process of re-registration of real estate, advise on various issues and relieve the workload of Rosreestr divisions. From a legal point of view, there are no contradictions. The MFC is an intermediate link between the client and the registration service. Its specialists provide assistance in preparing documents, check them and submit them to Rosreestr. The registration period is extended by two days, and citizens do not have to wait in queues for a long time. Electronic recording allows you to minimize the waiting period. The package of documents is the same as when applying to the registration authority independently. Articles 131, 132 of the Civil Code of the Russian Federation determine the need to register a real estate transaction. If this is not done, the risk of fraud is very high. The buyer must be well versed in the intricacies of jurisprudence in order to independently verify the eligibility of the documentation for the purchased object. By ordering an extract from the Unified State Register of Real Estate, a potential buyer receives all the necessary information about the property. If Rosreestr does not have complete information about the subject of the transaction, then it is better to refuse this option.
Ownership of a garage in GSK: difficulties and design features
When studying the rules on how to buy a garage in a cooperative, you should take into account some more nuances. The law prohibits the design of metal structures; buildings must have the status of real estate, that is, they must be permanent structures on a stationary foundation with walls made of brick or other solid material. Metal boxes are not real estate. Even if the buyer offers to formalize the agreement through a notary office, the transaction will be illegal, so it is not worth paying the market price for such a box.
The most dangerous transactions are offers to buy an illegally built object. Self-construction will never be registered without a court decision and is considered a serious violation of the law. At any moment the object will be demolished and liquidated. But sometimes, due to a low price, a buyer may agree to purchase a metal box or illegal building. It is imperative to inspect the object and only then make a decision. Only a receipt can be confirmation of the transfer of money. A metal box has some advantages, as it will allow the structure to be moved to a new location in the event of force majeure.
Despite the high competition among real estate agencies, you can still find advertisements with the headings “I’m buying a garage” or “I’m selling a house.” For those who are interested in how to sell a garage in a cooperative and legalize the purchased property as a property, what pitfalls a buyer can expect: not to become a victim of scammers - there is a main rule: to carry out all transactions without violating Russian legislation. And if there are no circumstances forcing you to make a purchase urgently, then it is better not to rush into making a choice.
