The Supreme Court clarified the procedure for distinguishing movable and immovable property for taxation

Is a metal garage without a foundation, but with a cellar, considered real estate?

2.1. Civil Code of the Russian Federation Article 130.

Immovable and movable things 1. Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, objects of unfinished construction.

Immovable property also includes aircraft, sea vessels and inland navigation vessels subject to state registration. The law may classify other property as immovable property.

Real estate includes residential and non-residential premises, as well as parts of buildings or structures intended to accommodate vehicles (car spaces), if the boundaries of such premises, parts of buildings or structures are described in the manner established by the legislation on state cadastral registration.

2. Things not related to real estate, including money and securities, are recognized as movable property.

Registration of rights to movable things is not required, except in cases specified in the law. Your garage is real estate, since moving it without causing disproportionate damage (loss of the cellar) is impossible.

2.2. Dear visitor! Of course it is. The state fee for registering rights to such an object is 2000 rubles. All the best, I wish you good luck.

Articles on the topic (click to view)

Should I privatize my apartment in 2021 or not? Let's look at the pros and cons
The procedure for purchasing an apartment with a mortgage on the secondary market: how to register housing
Pros and cons of a will for an apartment: how to draw it up, how much it costs, tax in 2021
Management, operation and maintenance of an apartment building
Management company - what is it, what does it do and what are the requirements for it?
Features of a tripartite lease agreement for non-residential premises
Is it necessary to have a spouse’s consent to donate an apartment? Nuances and conditions for this procedure

2.3. If we are talking about registration of rights, then the garage, like the cellar and the apartment, refers to the premises and the state duty is 2000 rubles.

3.1. Please. Question (about this plan): if at my dacha (SNT) the only real estate I have is a metal garage and a container (20 feet) in which I live, then I have to register it somewhere as my property and pay for it, so to speak , real estate? Should not.

4.1. Demolition of the garage is possible by court order.

4.2. Yes, he has the right, because in all likelihood, the land on which the non-permanent garage is located is in municipal ownership, i.e. owned by the local administration.

5.1. According to Article 3 of the Code of Civil Procedure of the Russian Federation, file a claim in court under Articles 131,132 of the Code of Civil Procedure of the Russian Federation.

6.1. First, familiarize yourself with the documents regulating such actions. Then depending on the situation. Get a lawyer.

7.1. Yes, this is a permanent structure (cellar), which is a real estate property and is subject to state registration. registration.

8.1. If the land is owned, then the garage is not required to be registered. On the other hand, a metal garage is not subject to registration because is not a real estate property!

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

9.1. Is a wooden-metal garage a piece of real estate that must be reported to the Federal Tax Service? - according to the Town Planning Code of the Russian Federation, it is not.

A garage is a structure or non-residential premises

How to make a Foundation from FBS blocks. Do-it-yourself summer shower inexpensively. Design options. How to properly formalize a land purchase and sale transaction. Registration of a house and other buildings in a dacha per year. The procedure for drawing out the boundaries of a land plot. What is land lease? Add a comment Cancel reply Your e-mail will not be published.

To design a box or an extension to a high-rise building in the form of a separate building and obtain the right to the land on which it stands, you should understand three points: The procedure is quite long and expensive, but your property will be guaranteed with a full package of relevant documentation.

05 Apr 2021 klasterlaw 159

Share this post

If a Relative Discharged and Has Not Registered Anywhere Can Bailiffs Take Property
Social contract for low-income families in 2021 Nizhny Novgorod
State Duty This is the Amount of State Duty and What Documents Are There for an Application to the Court for Cancellation of Father's Alimony
If There Is No Electric Heating Device Installed In The Entrance, What Should The Standard Be?

Is real estate

The box in which the car is parked is not a simple room - it can rightfully be considered a piece of real estate, especially if the building is built in a standard way - the foundation is poured, brickwork is made. A garage made of metal cannot be classified as real property, since it is portable.

It is necessary to know what type of property the garage belongs to - movable or immovable, since it depends on whether the object needs to be registered as ownership or not.

The following can be used as a garage/car storage facility:

metal structures located in a certain area, for example, near a private house, cottage, residential complex;
containers - “shells”;
boxes managed by a gardening and garage cooperative;
buildings with a foundation and strong walls;
other buildings that can be used to store a car, for example, underground rooms in multi-story buildings.

Only an object that has a foundation and cannot be moved to another location will be considered real estate. A metal portable garage will not be considered real property.

Main characteristics of the real estate:

Attachment to one piece of land.
Uniqueness.
Possibility of using the facility for business activities.
Availability of registration and cadastral number.
Utility.
Durability.

If the garage is not real estate, all that is required is to correctly formalize the agreement between the owner and the buyer (tenant); state registration of the transaction is not required. Otherwise, such registration is mandatory; its absence in the future may become a reason for imposing penalties.

How to rent

Instructions for renting out a garage:

First of all, you should find someone who wants to rent a garage. To find a tenant, you can place an ad in newspapers, run a running ad, or post ads around the area.
You need to decide on the price. You can invite an independent real estate appraiser.
After a buyer has been found, it is necessary to negotiate the terms, name the price, draw up a preliminary agreement, and check the documents.
It is necessary to decide who will pay the electricity bills and for how long the lease is planned. Both parties indicate their details and contact information in the contract.
Each party signs both copies and keeps theirs until the agreement is terminated and the lease expires.
If the landlord does not take payment up front, the agreement should specify how payment will be made.
If there is valuable property in the garage, it must be removed or hidden so as not to make a claim against the tenant in the future.
According to Russian law, citizens are required to pay income tax in the amount of 13%, and since renting out a garage is considered a way to generate additional income, the owner should visit the Federal Tax Service so as not to subsequently receive a huge fine.
The income declaration is filled out at the tax office once a year.

To avoid any problems, it is recommended to rent out the garage legally, paying taxes and filling out the documents correctly. It is better to avoid troubles, especially if the citizen cannot afford to subsequently pay the state, paying fines in an amount many times greater than the amount of the tax itself.

What documents do you need to have?

The garage owner planning to sell the property must have title and other documents on hand.

If the property is owned by a garage cooperative:

GSK charter;
an extract from the state register of legal entities drawn up in the prescribed manner;
documents from the tax office confirming the registration of the cooperative;
papers on the basis of which the land was allocated to the garage cooperative;
a permit issued by a government organization giving the right to build a garage;
an act that was drawn up when a real estate property was put into use.

Another list of documents is required if a citizen is the owner of a garage:

cadastral passport, by studying which you can obtain comprehensive information about the layout of the structure;
cadastral documentation and certificates indicating the technical parameters of the site on which the garage was built are also attached;
a document confirming the special status of the site on which the garage building is located. This paper is very important, since it is from it that one can determine whether the property has not been leased or whether its term has expired;
consent of the spouse to carry out transactions with real estate. It is necessary provided that the garage was built or purchased after the marriage;
act of acceptance and transfer, if the garage became the property of a citizen after the conclusion of a purchase and sale agreement and registration of rights;
papers confirming that the garage is owned, or that ownership can be formalized legally (donation agreement, exchange, purchase and sale, certificate of inheritance).

It is recommended to collect documents before starting the process of selling or leasing a property.

Publications

Let us note that in this case the court of first instance recognized the disputed object as movable property. This indicates that it is not obvious to classify such objects as real estate.

Note. The technical criteria for classifying a property as real estate is the presence of fixed communications, as well as whether the building belongs to a permanent structure. Criterion 5.

As a rule, GSKs are located on land leased for a long time from local authorities. Therefore, owners in partnerships do not have ownership rights to the site under their garage, since it is publicly owned.

But the owner of the property, after privatization, does not own a specific piece of land that has boundaries, but a certain part of it. That is, the entire plot under the GSK is in shared ownership of all members, and each owner owns a plot of land proportional to the area of his garage.

From this we can conclude that a cooperative is the most optimal way to store cars in a populated area.

A garage is a building or structure

a mechanism is established for providing citizens with land plots in state or municipal ownership on which garages built before the entry into force of the Urban Planning Code of the Russian Federation are located, a list of documents necessary for citizens to purchase land plots located under such garage facilities is determined;

An important feature of land registration in this case is that the area under a specific box cannot be privatized into the personal property of the garage owner. This is due to the fact that the territory of the GSK is an indivisible land plot, that is, it cannot be divided into many small plots of land. Thus, owners of cooperative garages can privatize the land under them only into common shared ownership. In other words, each garage owner will become the owner of a certain share of the GSK land plot.

Is it necessary to register the agreement?

People who have dealt with the purchase and sale of real estate know that in order for an agreement to enter into legal force, it must be registered with the Rosreestr authorities. In the case of real estate such as a garage building, it is not the contract itself that will have to be drawn up, but only the fact that the property changes its owner.

This rule means the following:

The garage will become the property of the new owner only after state registration has been completed;
The buyer will be able to fully dispose of this property only after the Rosreestr authorities have issued him with the appropriate documents stating that he is the owner.

What nuances need to be taken into account when signing an agreement?

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

When signing the contract, take into account the fact that it must be in triplicate. One remains with the parties to the transaction, and another one is sent to the registration chamber.

In addition, for the legality of the transaction, the package of documents signed by the parties must contain important papers:

Direct purchase and sale agreement. If a work acceptance certificate is available, then it is also attached;
A corresponding statement indicating the need to re-register property rights ;
Cadastral passport of the property (this paper may not be needed if it has already been presented previously and is attached to the agreement as an appendix);
A receipt indicating that the state duty has been paid.

The registration process itself continues for a month, after which the contract, deed of transfer and all other documents are returned to the seller. All papers must have a registration mark.

The same documents must be handed over to the buyer. At the last stage of the transaction, the new owner will have to re-register ownership of the property.

The agreement for the sale and purchase of a garage should be approached as carefully as possible, as it is easy to make a mistake. Correcting it in the future will be quite difficult.

How to register a garage as a property if there are no documents

Call a cadastral engineer from the BTI or a licensed organization to take measurements and prepare a technical passport for the garage.
Prepare a package of relevant documents:

applicant's passport;
cadastral passport (for buildings erected before 2008, a cadastral plan is needed);
documents on ownership of the land plot;
a copy of the house register indicating the economic purpose for issuing the land or other papers confirming the right to own the land;
declaration;
statement;
state duty.

Apply through the MFC or directly to Rosreestr to register property rights.

We recommend reading: To enter into an inheritance, what documents are needed?

A garage installed on your own local plot or in the GSK, even in the absence of documents, is considered to be erected on completely legal grounds. After undergoing a lengthy and costly registration procedure in the Unified State Register of Real Estate, ownership of them is issued.

How to determine whether a building is permanent

An individual residential building is primarily distinguished by the fact that it is intended for residence of only one family.

In the case of individual cottage-type residential buildings, the property also includes a land plot, the height of the building is limited to two floors.

A garage is a structure or building

An indispensable real estate assistant. Legal regime of real estate. Buildings and structures as real estate objects. Buildings and structures are a specific type of real estate. They are distinguished by immobility, a fundamental connection to the specific land plot on which they are built. They can be located both on the ground and underground.

A capital construction facility is a building, structure, structure, as well as objects whose construction has not been completed, objects of unfinished construction, with the exception of temporary buildings, kiosks, sheds and other similar structures [1]. The legislative definition excludes temporary buildings from capital construction projects and directly indicates, as an example of buildings:.

What are they?

Garages are different. These can be permanent buildings, that is, full-fledged buildings, metal structures or other lightweight structures. Many vehicle owners who are planning to buy a house for their iron horse are concerned about whether a garage can be considered a building or structure.

Depending on this, the necessary documentation for registration and options for using the premises may differ. Sometimes garages are purchased for a special purpose, for example, to run a business. Managing such a business requires some special documents.

Types of structures

Such structures may differ both in their appearance and in their intended use. Some properties are designed solely for vehicle storage, while others can also be used for business.

In total, garages are divided into 2 main types:

In the first case, we are talking about a lightweight structure, which often does not have a foundation . Therefore, many metal structures are not real estate. The only exceptions are those that stand on a solid base and hold firmly to the ground, which makes it impossible to move the structure from its place even with the help of special equipment.

Capital structures are always equipped with a solid foundation, like a full-fledged house, and the walls can be made of stone, brick, wood, concrete blocks, etc. Often, permanent buildings are not separate buildings, but part of a garage cooperative.

single-story and multi-story;
above-ground and underground;
designed for one or more parking spaces.

Some premises have a special purpose and can be used for making a profit or for various activities that are not related to storing a vehicle. For example, the floor of a building may be equipped with a pit.

This is very convenient and allows you to repair a vehicle directly in your garage, which is profitable and less troublesome. Sometimes a basement is added to the car storage area. In this case, the garage will already perform several functions.

Is it real estate?

Despite the fact that such a structure itself is small, when purchasing it or constructing it yourself, numerous questions and difficulties may arise. This applies primarily to documents, of which you will have to collect a lot.

A lot depends on what type of building we are talking about. If the garage is considered real estate, then only documents will be needed. If it will be fixed as a light building, you need to collect another package of papers. Determining the type of garage greatly influences the process of conducting a transaction for its acquisition, rental or construction.

According to the law, a garage box is a full-fledged piece of real estate , which is subject to all the rules for its design and maintenance.

But lightweight structures, as well as garages without walls, may not be related to real estate. Therefore, first you need to determine the type of garage, and only after that apply for certain documents.

A garage can be classified as real estate when it is a full-fledged metal structure, standing separately from the main house, or a building made of stone, shell, or other durable materials.

Garages that have a foundation are considered real estate. In addition, boxes in garage cooperatives also fall into this category. By law, those structures that are firmly connected to the ground can be called real estate.

Attention! Structures that can be easily moved from place to place are not considered real estate.

Therefore, when purchasing, you must carefully study the structure and correctly determine its type. In extreme cases, when a lot of questions arise, you can turn to specialists.

They will help you prepare all the documents for the garage and make its use completely legal. Depending on how exactly the building is registered, the further taxation of this object also changes.