How to check ownership of a garage

Official registration of the transaction

In order for the purchase and sale to be successful, you need to learn a simple truth - the only document that confirms the ownership of the paid real estate and the ability to dispose of it is the state certificate of ownership in the name of the buyer.

Registration of all real estate objects has existed since 1998, and according to the new provision, title documents for garages are verified by the state. If they fully comply, the property is entered into the Unified State Register with the simultaneous issuance of an appropriate certificate to the owner confirming his rights to dispose of the purchased building. Protecting the interests of the buyer requires free access to information from the Unified State Register. Anyone wishing to purchase a garage submits a request to the registration chamber to verify the authenticity of the garage owner's documents. The cost of the service is about 150 rubles.

Often, when completing a transaction, they use a simplified scheme, limiting themselves to signing a purchase and sale agreement without notarization. Buying a garage really doesn't require as much paperwork as other, larger properties. But the purchase and sale agreement is only the initial stage. It is needed to reissue the certificate of ownership.

Today, about 70% of all garages are officially registered; the remaining owners are in no hurry to submit documents to the registration chamber or avoid legal proceedings to confirm their rights.

How can you buy a garage if its owner does not have the necessary documents? There is only one way out: take on all the hassle of collecting the necessary documents and persuade the owner to register it. Then calmly complete the deal and legally buy a garage.

Wise purchase of distressed garages

Today, a little more than 70% of all motorhomes are officially registered. Other owners either do not bother to submit the necessary documents to the Registration Chamber (more about them in the section How to register a garage as a property), or give in to the need for legal proceedings to confirm their rights (more in the section Recognition of ownership of a garage).

Thus, state registration eliminates problematic real estate, clearly indicating to owners the shortcomings that prevent its correct registration.

Let's say you're attracted to an unregistered motorhome. How to register the purchase and sale of a garage if the owner does not have a certificate of ownership?

There is only one way out - to take on the hassle of collecting the necessary documents and force the owner to register it. Then calmly complete the deal and legally buy a garage.

Problems with land

The ideal option is to purchase a garage and land at the same time, but such luck is rare. The site, as a rule, is the property of the municipality and the owner receives it for rent, the duration of which depends on the loyalty of the local authorities, usually a short-term lease (1 - 3 years).

A garage where the plot is allocated for eternal use can be considered a profitable deal - according to the law on dacha amnesty of October 30. 2001 such land can be privatized free of charge.

Land is provided for long-term lease to garage cooperatives, whose members can buy out their share, provided that each owner of a motorhome has passed state registration.

When purchasing a garage, you should carefully study the land lease agreement and inquire with the local government about their plans for this site.

How to buy a garage correctly

It is necessary to outline the main stages of completing the purchase and sale of a garage for both parties to the transaction.

Salesman:

• provides the buyer with a complete package of original documents for the sale of the garage;
• permission to sell from co-owners (if available);
• certificate of inventory value of the garage (take from the BTI);
• concludes a purchase and sale agreement;
• receives money with the simultaneous issuance of a receipt;
• If desired, you can draw up a deed transferring the garage to the buyer.

Buyer:

• submits a request to the registration chamber to verify the seller’s rights to the garage;
• receives a list of title documents for the garage;
• draws up a purchase and sale agreement;
• pays the seller the agreed amount and receives a receipt;
• submits documents to register ownership.

Helpful advice. In this situation, the buyer is more vulnerable, giving money without having yet issued a certificate of ownership in his name. To secure the deal, you can stipulate staged payment in the contract: half immediately and the other half after completing the garage re-registration procedure.

Buying a garage in a cooperative

Such a purchase can be officially registered only when the owner has paid all share contributions in full and registered all property rights. In other cases, you can purchase a garage purely theoretically, without registering the owner’s rights.

This is important to know: How to give up a garage that you own

To complete the transaction you need to prepare:

• passport;
• contract of sale;
• certificate of ownership;
• act of acceptance and transfer;
• cadastral extracts from the BTI and the land committee;
• application to FUGRTs;
• statement to the chairman of the cooperative (if contributions have not been paid);
• registration payment receipt.

Is it possible to buy a garage without documents?

Lawyers are often asked how to formalize the sale of a garage without documents. Such a transaction will even remotely resemble a legal one only if we are talking about a portable structure that is not real estate.

If the garage has the characteristics of real estate, it is impossible to buy it without documents without breaking the law. The owner will first have to register the garage as his property.

We strongly do not recommend buying real estate on a receipt, since this will not help you become a full-fledged owner.

If documents have been lost, they are easy to recover. It is much worse if the building was not formalized at all. But all is not lost if it is built on land owned by the seller or in his perpetual use. In this case, he must register the construction. To do this you need:

1. Obtain a cadastral passport from a cadastral engineer.
2. Fill out a declaration about the property indicating:
   addresses;
3. appointments;
4. cadastral number of the land plot;
5. squares;
6. materials of external walls and so on.
7. Pay a state fee of 350 rubles.
8. Submit the payment receipt, declaration and cadastral passport along with documents on land ownership to Rosreestr.

It is more difficult to determine how to safely sell a garage that is built on land that does not belong to the seller. In this case, it is considered unauthorized construction. To register it as your property, you can:

1. Submit an application to the local town planning department with a request to preserve the illegal building.
2. Go to court with a claim to recognize the rights to self-construction.

Either of these paths assumes that:

• the seller can prove that it was he who carried out the construction;
• no one else has a claim on this object;
• squatter construction and its legalization do not violate the rights of third parties;
• a cadastral passport has been issued for the garage, and sanitary and fire safety standards have not been violated during its construction;
• The facility was built on a plot intended for garage construction. Otherwise, a change in the purpose of the allotment will be required.

Design algorithm

Before you buy a garage in a cooperative, you must first study the documents that the seller can provide. The ownership of the cooperative garage is registered with the Federal Financial Institution on the basis of the submitted documents.

Before completing the transaction, the owner applies to the cadastral chamber and BTI to prepare technical and cadastral documents for the property and, with the received extracts, applies to the Federal State Register Center to register ownership.

In addition to the certificate of ownership, the seller must obtain notarized permission to sell from the co-owners (for example, a spouse), if he joined the cooperative while legally married. All co-owners of the garage (if it is registered to more than one owner) must prepare a notarized permission to sell (Article 244 of the Civil Code of the Russian Federation).

A notarial or simple written purchase and sale agreement is concluded with the seller, a transfer and acceptance certificate is drawn up and an application is made to the FURC to register the rights of the new owner of the garage.

If the garage is not registered as a property, its acquisition can only mean membership in a garage cooperative with the obligation to pay membership fees. To complete the paperwork, before you officially buy a garage from GSK, you must contact the chairman of the cooperative, who must arrange a general meeting of shareholders and inform them about the entry of a new member into the cooperative. After submitting an application and providing a passport, the membership book is reissued to the new owner of the garage.

By paying the seller the cost of such a garage, the seller only compensates him with one sum for part of the already paid membership fees. Full registration of property rights is possible only with full payment of all membership fees and independent registration of all cadastral and technical documents

Preparation of documents for a cooperative garage

From a legal point of view, purchasing a garage in GSK is somewhat more complicated than processing documents for ordinary real estate. In order to avoid troubles, it is necessary, in the process of preparing for the transaction, to collect all the documents on which the legality of ownership of this property depends.

When purchasing a garage, we recommend that you do the following:

1. Check whether the share contributions to the cooperative for this garage have been fully paid. This can be done using the membership book, which the owner must have, or using documents held by the chairman of the GSK.
2. Become a member of the cooperative instead of the previous owner if the membership dues have been paid only partially (the procedure for joining should be clarified with the chairman).
3. Require the seller or together with him to re-issue the cadastral and technical documentation for the garage (the cadastral chamber and BTI are responsible for this).
4. If the garage seller has a family, get written permission from his or her spouse to sell, otherwise the deal may be challenged.
5. It is necessary to conclude an official purchase and sale agreement, which can be certified by a notary for reliability. It is recommended that this document be accompanied by a transfer and acceptance certificate with all the characteristics of the garage.
6. Register ownership of the garage and receive a certificate - if the fees have been paid in full.

Some owners, when deciding how to sell a garage more profitably, suggest that buyers cheat slightly by indicating the inventory value in the contract, but actually paying the market value. It is better not to agree to such offers, since if previously unnoticed pitfalls are discovered and a controversial situation arises, it will be impossible to return the money in full.

Which ones do you need to have?

In order to be officially recognized as the owner of real estate, including a garage, you need to have a certain set of documents, and not just the keys to it.

Based on these documents, the garage owner’s data is entered into the Unified Register of Real Estate Rights (USRN).

Information about real estate objects in the Russian Federation is included in the register on the basis of the procedure for registering a purchase and sale transaction and transfer of ownership of them.

In order to have unlimited rights to a building, you must have documents with which the owner can exercise his legal rights to this piece of real estate.

Attempts to justify yourself: illegal registration of the purchase and sale of a garage

The main arguments of the car owner in defense of the illegal purchase of real estate are the cheapness and speed of the transaction: the seller takes the money, and the buyer receives the keys to the garage. The process is done without running around and collecting “papers”, visiting “friendly” officials and extracting the necessary certificates from them.

Another plus is that in this way they acquire real estate that cannot be obtained legally. We are talking about “yard” garages in residential areas of the city, the right to which is available only to people with disabilities of the musculoskeletal system. This injustice is being corrected “in the dark”, since officially only a person with similar health problems can buy/sell a subsidized “motorhome”.

This is probably where the minor advantages of the dubious deal end, and it’s time to move on to its major disadvantages. What are the consequences of incorrect registration of a garage purchase?

What documents should be

You can become the owner of your building ways:

Before signing any type of agreement on the basis of which a garage is purchased, you should check whether the seller has all the necessary documents to complete the transaction.

If the seller does not have title documentation, then the transaction cannot be registered with the Rosreestr service in the prescribed manner, and accordingly the transfer of ownership will not be realized.

When purchasing a custom building

Owners of individual garages that are capital construction projects (having a solid foundation), which are not officially registered, can register ownership of the property and receive the necessary documents according to a simplified procedure.

This rule applies in the following cases:

To legitimize such a property, you will need to provide the following documents to the Rosreestr authorities:

In a garage cooperative (GSK)

If the garage is located in a cooperative the following documents available

To purchase a property in GSK, you need to check the following documents with the seller :

Ignorance of the legislation and norms for transferring ownership of a garage is a consequence of the fact that when purchasing an object in a cooperative, individuals often simply make changes in the “garage owner” column in the membership book.

Such an action does not lead to a legal change in the owner of the garage box, and does not relieve the previous owner of his responsibilities (paying taxes, routine repairs, etc.)

For registration of ownership

To register an existing building as a property, you need to take into account factors that influence the number of documents and the following procedure :

• whether the garage is a separate building or is a box in the GSK;
• the entity that registers the property;
• other factors.

If a person wants to register ownership of a garage within a cooperative in which the privatization procedure and assignment of land plots to buildings was carried out, it is necessary to prepare certain documents :

This is important to know: Statement of claim for recognition of ownership of a garage: sample
When initially registering a garage premises in a cooperative as personal property, the following documents related to the organization itself be additionally attached to the set of papers :

To register ownership of a separate building outside the GSK, you will need the following package of documentation:

When making a purchase

When purchasing your garage, you should first make sure that the seller has legal rights to the real estate property.

The most basic and effective way to check whether the seller has the right to dispose of the garage is to obtain an extract from the Unified State Register of Real Estate for a certain property.

What to look for when buying a garage in a cooperative using a membership book in the article: buying a garage in a cooperative.

The statement contains the following information:

In addition to an extract from the Unified State Register of Real Estate, the owner is obliged to provide the future owner with the following papers for the garage space (if it is purchased in a cooperative) :

When selling

To properly complete a sales transaction, its parties must perform a number of activities :

1. Conclude a preliminary agreement.
2. Set a deposit, complete the transfer of funds by drawing up a receipt.
3. Sign the main purchase and sale agreement.
4. Perform full settlements between the parties.
5. Register the transaction with the Rosreestr service or the MFC.

To quickly pass state registration you will need to visit the state. institution and provide a set of necessary documents:

To carry out privatization

In some cases, in order to obtain unlimited ownership of a property, it is necessary to carry out privatization.

Most of the time required to privatize a garage is spent collecting and submitting the necessary documents to the appropriate authorities:

After collecting all the necessary documents, the applicant can proceed directly to the privatization procedure and register ownership of the garage building.

For construction

Building a garage yourself is not an easy task. In order for the constructed structure to comply with all norms and regulations, it is necessary to take a responsible approach to the preparation of the necessary documentation.

In order to avoid any difficulties with registering the building later, you need to perform a number of actions in advance.

To obtain a building permit, you will need to provide the following documents:

Having collected the specified papers, you need to contact the local government authority to issue a permit to build the facility.

Following the construction of the garage building, it is necessary to issue a commissioning certificate. A specialist from the technical inventory bureau visits the site to prepare an opinion on its condition.

The acceptance and transfer act serves as the necessary justification for carrying out state registration of ownership of the constructed real estate object and providing the owner with an extract from the Unified State Register of Real Estate.

How to buy a garage? Recommendations when buying a garage

How to buy a garage? What to look for when buying a garage? Probably, this question was asked by everyone who was thinking about buying a house for their iron horse. Today we decided not to go into deep discussions about the “difficulty” of choosing a garage. Instead, we will simply provide a list of nuances and wishes, compiled based on reviews of real car owners and their experience of using garages. Let’s make a reservation right away that we will be talking about permanent garages, both free-standing and, mainly, located in garage cooperatives. We will consider iron, mobile, “shells”, etc. in other materials. Some nuances may seem very strange and ambiguous to you. Whether they are necessary or useful is up to you to decide. Go!

1. A garage in a cooperative is preferable. More attention and security!

2. You shouldn’t buy outer garages - this is always a frozen wall and the danger of opening it for theft. The ideal option is the same garages on the right, left and behind.

3. It is preferable to have a garage with a door - it’s easier in winter.

4. Don't buy a garage in a co-op with a narrow driveway! In order to save land, the distance between garages reaches 6-7 meters! This means that it is normal to neither drive in, nor leave, nor leave. In addition, in winter there will simply be nowhere to put the snow!

5. Buy a garage on the sunny side. Those. with such an arrangement that the maximum amount of sun enters the gate during the day. First, save as much energy as possible. Secondly, this is an excellent way to dry a garage, where moisture is inevitable.

6. Try not to buy a garage without an inspection hole. This is often evidence that there is close groundwater under the garage. This means that there will be constant dampness in the garage. And what kind of garage is this where you can’t fix a basic problem with a pit? And having your own cellar was never superfluous.

7. Buy a garage at a relative elevation, but not in a lowland! Otherwise, you will have to swim to get to the garage in the spring or after a good rain. And the car won’t thank you for the extra dampness!

8. There should be a toilet within reach! Often in the most prestigious places there is no toilet near the entrance!

9. It is better to buy a garage on the upwind side according to the prevailing wind rose! There, in winter, there will be no snowdrifts on the gate - less cleaning.

10. It is better if the garage door is insulated.

11. The floor must be concrete with mandatory drainage from the garage to the outside.

12. In front of the garage there must be a flooded area with a slope away from the garage. This way the entrance will always be dry. This is especially true in winter, when ice in front of the gates tightly blocks them.

13. If you have an expensive car, the garage door must be reinforced with special external crossbars. They enter the wall when the gate is closed and prevent it from opening even with the hinges cut off.

14. Gates and garage doors must be locked with at least two quality locks.

15. When inspecting, pay attention to the ceiling and walls - if there are stains, this is a reason, at a minimum, to bargain!

16. We carefully look at the walls of the pit and cellar (if any). There should be no traces of standing water on the walls! If the seller tells you that it happened only once - “remember, there was a flood then” - don’t believe it! If the garage is not located in a real flood zone, it flooded once, it will flood again!

17. Finally, be sure to climb onto the garage and check the condition of the roofing material. It can be in any condition. The main thing that should not be on the roof is puddles! If there are puddles or traces of them on the roof - bad! This means that there is no drainage for water, and this, in turn, means that such a roof will constantly flow, adhering to the principle “Water will find a hole.” The roof must have a noticeable slope!

And, finally, the documents.

— we buy only and exclusively from the owner of the garage!

— We carefully review all documents.

— we check the area and layout of the garage with the documentation.

— we verify from receipts that there are no debts for payment of membership fees, electricity and garbage removal (if any).

— we separately clarify whether the garage is in dispute or under arrest, making sure to reflect this in the contract.

ATTENTION! WE DO NOT BUY a garage without documents! Let the seller assure that doing the docking is a piece of cake and there are no problems. Think about it - why didn’t he make them? Perhaps this is an unauthorized construction that the owner of the land can demolish at any moment. Or maybe this person has nothing to do with the garage at all? For example, a scammer who simply rented someone else’s garage for a month and is now “selling” it to simpletons.

Well, the main thing is the price! If the garage is sold at a price below the market price, and the documents for it are in perfect order, you can turn a blind eye to some things and eliminate the shortcomings yourself!

We hope our simple recommendations will help you in the difficult task of buying a good and practical garage. If you have other tips, you are welcome to comment.

There is one for the garage, but not for the land

It is quite a difficult situation for a garage owner if he does not have documents for this object.

Even if the owner of the garage premises has used it for many years, this is not a basis for registering ownership rights to it. Therefore, the issue needs to be resolved officially.

If the garage box is part of the GSK , then the user needs to obtain the following papers :

After paying the state fee, you should go with all the documents to the Rosreestr authority and register ownership of the garage premises.

How to register a lease of land under a garage from the administration, see here.

How to check a garage before buying

Before making a purchase, you should check the object of the transaction according to various parameters. The tips below will help you choose the most practical option and avoid mistakes:

It is imperative to check the technical condition of the purchased garage space. You should first evaluate the dimensions in detail - a standard garage structure has dimensions established by the technical documentation of at least 6.5X3.5, since such a room can easily accommodate a passenger car.

Important! If the garage has a dimensional solution less than the established parameter, some brands of cars may not fit into this design, for example, SUVs or business class models.

When purchasing a garage, paperwork must be completed in accordance with the rules established by law in the presence of a notary.

Legal nuances when registering

You should be aware that in the absence of the required documents, the applicant will be denied registration of the garage sale or purchase transaction or the registration will be suspended indefinitely.

Often a citizen does not have documents for land or a garage, since many compatriots treat objects such as garages irresponsibly.

This can cause serious negative consequences, in particular:

To implement any type of real estate transaction, you cannot do without the necessary documents. It is important to remember that documents for a garage are needed both when buying and selling, as well as for privatization or construction of a real estate property.

This is important to know: How to register a garage as your property

Video: Registration of a garage through the court. Property documents

I bought a garage illegally - be prepared to lose your money

The main and decisive argument against: incorrect execution of the garage sale and purchase transaction is a direct road to losing your money (by the way, a lot of it!). If the seller cannot provide all the required documents for the “motorhome,” then this should already arouse suspicion among a cautious buyer.

All other unpleasant nuances will emerge during the exploitation of the illegally obtained real estate.

Firstly, you only use the garage, but you cannot dispose of it. It cannot be officially bequeathed, sold, or rented out. This is your thing, but in the eyes of the state it has a different owner.

Secondly, if the purchased garage is an unauthorized building, then you can lose it at any time. The order to demolish the squatter building will come sooner or later. You can wait several days, months, years. Are you ready to sit on a powder keg? The money spent may not meet your expectations.

Thirdly, there is a risk of running into unforeseen circumstances. There are many cases where the fact of a “simplified” purchase is quickly forgotten after the death of witnesses to the action. No seller/buyer - no deal. You will not find the truth in court, since the state is on the side of the legal owner. And the heirs will not be too lazy to collect the necessary documents in order to get their hands on the scarce building.

Fourthly, how do you know that the seller really is the owner of the garage? It is quite possible that the legal owner will appear after some time and take away the purchased property from you.

As you can see, the list of facts “against” is impressive and should forever discourage the car owner from making a “black” purchase of a “caravan.” To complete a transaction for the sale and purchase of a garage, you need a considerable package of documents, but by collecting it and officially re-registering your property, you will be completely protected from the above troubles in the future.

How to check the number?

There are several options for checking the cadastral number of a garage:

1. Look at any previously received documents
   for this property (confirming ownership, deed of purchase and sale, technical passport). If the property has been registered, then its number will be indicated in such documents.
2. Through MFC
   . You will need to write an application asking to provide information about the cadastral number of your garage. Documents proving that the applicant is its owner are attached to the application. If the owner acts through a representative, then a notarized power of attorney must be issued for him.
3. By visiting the Rosreestr branch
   (at the location of the facility). You need to write an application (with a request to issue an extract with a number), confirm it with documents and pay a fee of 300 rubles. Rosreestr employees will issue an extract from the Unified State Register of Real Estate, thanks to which you can find out additional information about the property, in addition to the number. These include:

• exact location;
• object area;
• boundaries of the land under the garage;
• date of registration;
• technical parameters (purpose, category of land, for how long it was issued to the owner);
• cadastral value;
• information about the independent appraiser who performed the work;
• history of transactions carried out with the object;
• information about the owner of the property;
• the presence or absence of restrictions or encumbrances. The future buyer of real estate will be able to find out whether the property is pledged, and whether it has been arrested for debts. This will protect it from the hands of scammers or swindlers.

1. Through the Internet service of Rosreestr
   you can obtain data about the object of interest for free. You must submit an online application. Click on the “Electronic Services” section. Next, go to “Reference information on the property online.” Then fill out the highlighted form, indicating the required data on the object. The owner has the opportunity to find out the number using several parameters: by entering a conditional number or indicating the exact address. In the first case, the conditional number is a combination of numbers that was previously assigned to the property (later it was replaced with a cadastral number). You can view it in the documents for registration of property rights. In the second case, you need to enter the detailed location of the object (district, block, street). Having found the desired building, click on it. All available information will be displayed.
2. By sending the application
   and available documents to Rosreestr by mail. Service employees are required to process the request within several days and then issue the necessary documents with the cadastral number indicated there.
3. At the office of the cadastral service
   that assessed the property. They must store data on all cadastral work and information about each registered object.
4. According to the cadastral map online. On it you need to find your garage, hover over it and get brief necessary information about it. The method is convenient because future buyers of a garage, using such a general map, can see nearby areas (built-up and free area for development) and understand who the neighbors may be.

How to get a?

To carry out this procedure from scratch, you will need to go through the following steps:

1. Draw up a technical plan. This is what BTI does.

1. Draw up a cadastral plan. An engineer is called to the site - a person with special qualifications, as well as a certificate for carrying out such work. A contract for the provision of services is concluded with him. While on site, the specialist carries out cadastral work (determining the technical parameters of the building, drawing up a graphic diagram and plan of the garage). The engineer sends the result of his work (in electronic form) to Rosreestr.
2. Collect the required package of documentation, write an application and take them to Rosreestr or the Cadastral Chamber:

• owner's identification card;
• confirmation of his ownership (deed of purchase and sale, technical passport);
• receipt for payment of duty.

1. Receive a certificate with the possible date of issue of the completed document and information about the documents left behind. This certificate must be kept in order to present it when receiving an extract.
2. Wait for the results. If everything is fine, there are no questions to the owner, the application is completed correctly, without errors, there are no complaints about the submitted documents, then the property is registered in the state database of the Unified State Register of Real Estate, it is assigned a unique number and the cadastral price is set - for taxation.

Interesting to know

The cadastral number confirms the owner's ownership rights to the land under the garage and to the garage itself. The object cannot be transferred to another person without the consent of its owner. When these rights are officially transferred from one person (organization) to another, the combination of numbers in the number does not change, since they are assigned to a specific object at a specific address.

If a person submits an online application to check the garage number and then receive an extract from the state database, then he only needs to visit the Rosreestr office once - in order to pick it up.