How to officially register a garage as your property - purchase and sale agreement, notary, nuances

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.

Preparation of contract

The process of concluding a purchase and sale transaction begins directly with the drafting of a future agreement, which specifies information about the object, its cost and agreements reached by the parties. To do this, it is necessary to collect a package of documents, in particular, containing information about the object being sold.

If the garage seller and the potential buyer have reached an oral agreement to enter into a purchase and sale agreement, this agreement should be concluded in writing. You can draw it up either on your own or by contacting a competent specialist, for example, a lawyer or notary.

The contents of the garage sale and purchase agreement have the following general structure:

• Requisites. Date and place of signing. Full name, passport details, addresses, etc.;
• Subject of the contract with a detailed technical description of the object: location, dimensions, area, building material (brick, metal), presence of communications and inspection pit and other significant identifying information;
• The basis for the acquisition of property rights by the owner. The series and number of the corresponding act are indicated;
• Price. We will talk about this point separately in the next subsection;
• Guarantees of the parties. The seller guarantees that the object is free from any encumbrances and will not be transferred to another person before the agreement comes into force, etc.;
• Responsibilities. For example, the buyer undertakes to pay the agreed price in full;
• The procedure for entry into force and conditions for termination of the contract;
• Signatures of the parties.

The agreement is concluded in three copies - one for the parties and another one transferred to the registration authority.

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.

Setting up a garage on your own site

The simplest situation is for citizens whose garage is located on land they own. They can take advantage of the “dacha amnesty” rules. It is valid until March 1, 2021. At the same time, the procedure for providing information about the characteristics of an object has changed.

If previously it was enough to submit a declaration and indicate the parameters of the garage yourself, then from January 1, 2021, a technical plan will be required (Law “On State Registration of Real Estate”).

To make it, you need:

• conclude an agreement with companies sending cadastral engineers;
• pay for the services provided;
• wait for the arrival of a specialist who will take measurements;
• get a technical plan.

After completing this document, the garage owner must contact the Rosreestr unit and register ownership.

It is possible that the land is also not registered. In such a situation, you will first have to register the right to the site. It must be registered in the cadastral register and the ownership registered.

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.

Property registration

After concluding the contract, within 30 days, both parties need to visit the MFC (or the territorial department of Rosreestr) and draw up a deed of transfer of ownership rights with the issuance of a certificate in the name of the buyer. A state fee of 2,000 rubles is charged for this procedure. You must have with you:

1. originals and copies of passports;
2. 3 copies of the purchase and sale agreement;
3. tax payment receipt.

In addition, they may require additional papers confirming the legality of the transaction.

Registration in the Unified Register with the presentation of a certificate is the final stage in the process of registering ownership of the purchased garage and allows the new owner to fully exercise their rights to use the property.

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.

According to the membership book

Often, shareholders of garage cooperatives, having made full payments for construction, are in no hurry to confirm their right to own the building with the official authorities. In fact, they have legal grounds to make any transactions with property, but the legal status of the owner is not approved. In these circumstances, the main document giving the garage owner the opportunity to dispose of real estate is the cooperative’s membership book.

At the same time, transferring non-privatized real estate into the ownership of another person is impossible, but, with the assistance of the GSK manager, there is a way to purchase a garage box according to a simplified scheme without completing official documents.

This requires that:

• the previous owner submitted an application to leave the cooperative and received a statement confirming full (partial) payment of membership fees;
• the buyer submitted his candidacy as a possible purchaser of the garage box for consideration by the GSK members;
• the application was reviewed by the chairman and approved by the shareholders of GSK who are members of the board;
• The result of the decision was the registration of a new membership book in the name of the buyer.

Purchasing a garage from GSK using a membership book significantly reduces the time and material costs of the documentation process. But, at the same time, it is practically a fictitious transaction, since the buyer does not get the opportunity to dispose of the purchased property.

In order to reduce the risks when making such a transaction, you need to clarify the following points in advance:

• Is it possible in the future to independently privatize the autobox at GSK;
• check the status of the land plot on which the cooperative is located (what category of land it belongs to, whether it is in the possession of the State Joint Stock Company or a long-term lease, when its term expires, whether there is a development permit).

If the rental period is coming to an end, or questions arise on other points, you should refrain from purchasing. After the lease period expires, the state can seize the land under the garages for other purposes and demolish the buildings, providing financial compensation to the owners. But, since the rights to the garage have not been officially registered, the owner is not entitled to any monetary payment.

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.

If there are no documents

In some situations, the seller who put up a garage box for sale cannot provide documents not only on the right to own it, but also on the building itself. The reasons may include the loss of papers, the death of the previous owner and the inability to re-register the garage in one’s name, etc.

When agreeing to such a transaction, the buyer must be aware of the full degree of risk, since he will not be able to prove the legality of the acquisition of the building in the event of unforeseen circumstances (if the real owner or his heirs appear, during the demolition of the building).

Construction documents may be missing for several reasons:

• a garage is not considered real estate (an iron box, even if placed on a foundation, is not considered real estate);
• the seller is not its true owner;
• the box was built illegally.

The documents required for the sale of a garage can be restored through the board of the cooperative. If problems arise with this, then, most likely, the GSK or a specific autobox does not have official status and a construction permit, being an unauthorized development. It is not worth purchasing a major garage from such a cooperative.

As one option, you can consider purchasing a metal box. Mobility will allow, if necessary, to move it to another place.

How to enter into inheritance

In our country, the main legislative act on inheritance issues is the Civil Code of the Russian Federation. Everything related to the concept of “inheritance” is covered in Section V of the Civil Code of the Russian Federation.

The garage can be inherited by will, or, if there is no will, by law. To inherit a garage or any other property, you will have to go through a number of legal procedures.

If there is a will, according to which the garage is left only to you, and none of the other relatives dispute the order, then you will become the owner of this object.

When inheriting by law, the procedure is somewhat more complicated. First, the order of inheritance is determined. If you are the only heir of the first stage, then everything is simple. If there are several such applicants, each inherits a part of the property or the heirs agree on the division.

In complex cases, the court will deal with the division of the inheritance.

Let's assume that you got the garage, and now you need to register it.

When can you buy a garage in a cooperative?

In order for an interested person to buy a garage, the owner of the property must obtain the consent of the members of the association to alienate the property. To do this, three months before the proposed transaction, he should notify the cooperative of his intention. During this period, the board must convene a general meeting of members of the GSK. If the decision is positive, a transaction approval protocol is signed.

The negative response of the co-owners can be challenged in court. In this situation, when concluding an agreement with the buyer, you must attach a court decision authorizing the alienation of real estate.

Without the minutes of the general meeting of participants or without a court decision, alienation of the garage is impossible.

Sample contract for the sale and purchase of a metal garage

If you decide to buy or sell a garage, enter into an agreement with the counterparty in which you indicate the characteristics of the object, its price, the settlement process, a protocol of disagreements, and information about how the object will be transferred. Agree on each condition of this document. Parties to the agreement can be not only individuals, but also legal entities.

1. Information on how rights will be transferred, as well as on the process of transfer of property (determined by the act);
2. The specific price and information on how the buyer will pay the funds;
3. The amount of responsibility that falls on each party. Be sure to determine the sanctions that will be applied in cases of violation by the parties of the terms of the concluded agreement;
4. The possibility of terminating the contract unilaterally and in court, as well as by agreement of the parties. In this case, indicate those specific circumstances, the occurrence of which will serve as the basis for the emergence of such a possibility;
5. A list of circumstances that will be regarded as force majeure, as well as the actions of the parties in the event of their occurrence. The main condition is usually the requirement to warn the opposing party about their occurrence;
6. Indicate the number of copies of your agreement, as well as information about whether registration will be carried out. In addition, you can specify other information that is required to complete the transaction.

Pitfalls and risks

Despite its apparent simplicity, buying a garage at GSK has its pitfalls. It is important to take them into account when making a transaction.

1. The construction of garage cooperatives was most often carried out in the 80-90s with the attraction of borrowed funds at the initial stage of construction and the subsequent redemption of their shares by the owners. According to current legislation, ownership rights to the property in this case are acquired from the moment the share is paid in full. That is, having paid the last installment, a member of a garage cooperative automatically receives the opportunity to dispose of property (sell, donate) regardless of whether he has secured his right with government agencies. In this regard, the buyer may have difficulties in registering the purchase and sale through the manager of the garage-building cooperative, since in this case the GSK has no grounds to dispose of the building located on its territory. By transferring the garage to another person, the chairman commits actions for which he does not have the authority. Such a deal has no legal force. Moreover, in fact, the building remains assigned to the previous owner, which, if relatives or heirs wish, can be proven in court. In this case, the buyer risks losing not only the funds invested in the purchase of the garage, but also the building itself.
2. When purchasing a garage using a cooperative membership book, the owner may encounter significant difficulties when wanting to legalize the building. To register, you will need the real owner of the property, and with repeated resales using the membership book, it will be difficult to find him.
3. Buying a garage without documents also entails unpredictable consequences. The building may be illegal, belong to another person or be owned by several persons, be under arrest or pledged to a bank, etc. Since the transaction is not registered with Rosreestr, the owner who bought such a garage will not be able to prove his rights to use the building or receive compensation when a demolition order is issued.
4. Even if all the required documents are available and subsequent official registration of property rights, the transaction may be declared invalid if the seller was incapacitated at the time of its completion.

Purchasing a garage is a responsible undertaking that requires significant investment. In order to be confident in the security and legality of the transaction and not be left without funds and the purchased building, it is necessary to check the available information about the selected GSK in advance of the purchase and, when completing the transaction, comply with all the requirements of Russian legislation regarding real estate transactions.

Early repayment of a mortgage loan

How to rent land from the city administration

Deposit agreement for the purchase and sale of an apartment

Buying an apartment with debts on utility bills

How to register ownership of a garage

Work included in the overhaul of an apartment building