People are not as attentive to the preparation of documentation for garages as they are to acquiring ownership of a living space or a car. It often happens that the owners cannot sell the garage or rent it out because the building was built a long time ago, did not comply with the rules, or is part of a cooperative.
Information on how, starting from 2021, you can register a garage as your property if the owner does not have documents is contained in the Civil Code of the Russian Federation. And given the adoption of a new law soon, the procedure for their privatization may become mandatory for all citizens.
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.
What taxes and who will need to pay on the privatized land under the garage
Land tax is regulated in Chapter 31 of the Tax Code of the Russian Federation. Its value is based on the market price of the site and the regional tax base. The average rate, based on all regions of the Russian Federation, is 1.5% of the cadastral value.
There are rules for paying this tax. They rely on whether the plot of land is owned by the owner of the garage building located on it or not.
If the garages belong to a partnership, then the land tax is charged to this cooperative, then distributed through the organization’s accounting department among the owners of the boxes.
Disabled persons are exempt from paying tax, and therefore no tax is assessed on associations of disabled people who own garage buildings.
If the owner is a pensioner, the tax service will send an invoice in his name once a year for the amount of the payment.
In addition, since this type of tax is considered regional, the municipality can introduce benefits on rates for pensioners, disabled people and war veterans, or completely exempt this group of people from taxation.
In more detail, Article 395 of the Tax Code of the Russian Federation specifies the categories of persons exempt from paying ZN.
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.
Rules for performing work
Let's now look at how to legalize the area under the garage and the garage itself. Here you will have to do a lot with your own hands and you will have to run around.
If you are thinking about how to legalize a garage in the courtyard of a private house, then you need another article. In this case, everything is done much simpler.
Attention: New law on garages. A garage built by a person without permission is a dubious pleasure, especially in light of recent situations when the actual owners of garages were faced with the use of the law regarding the demolition of such buildings with Article 222 of the Civil Code of Russia.
So:
- At the same time, violation of rights, someone’s interests or creation of a threat to the life and health of citizens turned out to be not a necessary reason to go to court. The reason why a lawsuit can be filed is even an accidental incident, after which information about an illegally built garage ceases to be a secret for government officials.
- An unauthorized structure is an object that, in accordance with the laws of the Civil Code, was erected on a site not intended for construction. The second, but no less relevant reason for the high interest in the issue of legalizing unauthorized garages and preparing the necessary documents, is the practice of large investment enterprises displacing one-story buildings.
- The phrase “demolition” is sometimes tied not only to the struggle for the legal construction of real estate or the unauthorized seizure of a site, but also lies in the business interests of the largest companies. In this situation, those people who consider themselves the owners of the garage, but cannot provide documents establishing this right, will not be offered monetary compensation.
Attention: It can be quite difficult to legitimize the unauthorized construction of a garage. Therefore, you need to think first. Otherwise, the building may be demolished.
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.
Unauthorized construction
Previously, if a garage on a site was an unauthorized structure, they would contact the city administration, or more precisely, the commission that resolves issues of unauthorized buildings. We collected documents to obtain a positive decision:
- The Department of Architecture filled out an application.
- You should have with you documents confirming that the site and the squatter building belong to you.
- The cadastral plan also had to be with you. With its help, it is easy to prove that the structure was erected on a personal plot of land.
- It would not be superfluous if they collected written confirmation of the absence of complaints and claims from each neighbor. This only once again showed your awareness and responsibility.
If local authorities did not cooperate, they demanded a written refusal. With such a paper, it was easier to prove in court that you had passed the necessary administrative authorities to legally achieve your goal.
Currently, current laws exempt citizens from all of the above ordeals.
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.
Problems that may arise with the land plot
A great option is to buy a garage and land at the same time, but this is very rare. The site is most often owned by the city authorities, and the owner simply accepts it for rent; the duration of such a lease depends on their loyalty. Most often these are short-term rentals lasting from 1 to 3 years.
A profitable deal is considered to be the purchase of a garage, the site of which is allocated for permanent use:
- Since October 30, 2001, such land can be privatized free of charge, referring to the dacha amnesty law.
- Land can be given for long-term lease to garage cooperatives; their members can buy out their share, provided that all garage owners have registered their garages in the state register.
- When purchasing a garage, you need to thoroughly study the long-term lease agreement for the land and inquire with the local municipality about future plans for the purchased plot.
