Change of owner and types of re-registration
Re-registering a garage to another person is a procedure that always brings with it a lot of hassle and requires great attention to detail. In order to avoid getting into an unpleasant situation with fraudsters, it is important to comply with the law.
The documents for re-registration of a garage and the procedure itself change depending on the situation, and quite significantly.
Declaration of real estate property.
It all depends on a number of factors, which include:
- the type of the building itself - is it an individual building, or is it located in a cooperative property (GSK);
- the person to whom it is planned to re-register the property;
- type of building - is it cooperatively owned or individual.
Let's look at each of them in a little more detail.
To the new owner
How to register a building when another person buys it?
This procedure will require compliance with two basic conditions, namely:
- First, and most importantly, in order to register the construction in the name of the new owner, the seller must own the alienated property. Otherwise, it will not be possible to sell - there is a violation of current legislative norms.
- The building must be built legally and not be a “self-construction”. The required permits must be present to confirm the legality of the construction of the alienated garage.
Individual building
When the garage box is an individual building and built in an area where such construction is permitted, the design is significantly simplified.
Receipt for receipt of funds.
You will need to collect a stripped-down package of documentation, namely:
- declaration;
- documents confirming ownership of the building;
- a receipt confirming the fact of payment of the state duty;
- statement.
Please note that a simpler form of registration is possible only in the case of an individual building, and when the building is located in the GSK, it does not apply to it.
In GSK
How to arrange a garage in a cooperative?
You will need to collect the following documentation:
- confirmation received from the chairman that there are no debts, that is, full payment of all due share contributions;
- protocol confirming the appointment of the chairman of the State Committee;
- Charter of the garage cooperative.
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| I am exchanging a plot in the Moscow region for a house in neighboring areas. Type of building: House, Building area: 30 m2, Floors in the house: 1 , Number of rooms: 2 , Condition: After renovation, Plot area: 6 acres. I am exchanging a plot in the Moscow region for a house in neighboring areas. I am changing a plot with a registered residential building in the area of the village of Yasnikovo, DNP "Alexandrovka", Sergiev Posad district, Moscow region, 93 km from the Moscow Ring Road along the Yaroslavskoe highway... | Price 500,000 RUB | |
| I am exchanging a house in the village for a 1-room apartment in Moscow, Kirzhach Type of building: House, Building area: 150 m2, Floors in the house: 1 , Number of rooms: 3 , Condition: After renovation, Land area: 25 acres. I am changing a house in the village, vil. Khrapki, Kirzhachevsky district, Vladimir region. (75 km from Moscow), for a one-room apartment in Moscow. House 150 sq. m, log house 3 windows, siding, kitchen, hall, 3 rooms... | ||
| 3 | I will exchange or sell my favorite house Type of building: House, Building area: 165 m2, Floors in the house: 2 , Number of rooms: 3 , Year of construction: 2014 , Condition: After renovation, Land area: 15 acres, Type of house: Brick/block , Garage. I will exchange my house with your additional payment for 1 apartment in Sochi, Moscow. My house is 5 minutes from the metro station Domodedovskaya. Winter house with accommodation with registration. 15 acres of land. Bathhouse 30 sq.m. Winter gazebo fireplace. The land is well maintained like in a park. Flowerbeds… | Price 16,900,000 RUB |
| Exchange for an apartment in Moscow at price parity Type of building: Cottage, Building area: 310 m2, Floors in the house: 2 , Number of rooms: 12 , Year of construction: 1999 , Condition: After renovation, Land area: 10 acres, Type of house: Brick /block, Garage. The house is two-storey inside, foam block is lined with sand-lime brick in three levels and covered with reinforced concrete. slabs Under the entire house there is a basement floor and a built-in garage. It has two separate entrances with platforms and entrances to the first and second floors... | ||
| I am changing a 2-floor house of 300 m2 with a plot of 20 acres Type of building: House, Building area: 300 m2, Floors in the house: 2 , Number of rooms: 7 , Condition: Needs repair, Lot area: 20 acres, Type of house: Brick/block, Garage . I am changing a 2-height, 4-level house of 300 m2 with a building of 20 hundred b/d on the seashore in a well-kept development. Morozovsky village next to the Yasenskaya Spit is a protected area for an equal apartment. All communications are connected to the house with 15 kW electricity. Century windows installed... | Price 4,200,000 RUB | |
| 5 | Plot house foundation. share in the center of Simferopol Type of building: Dacha, Building area: 97 m2, Floors in the house: 1 , Number of rooms: 2 , Condition: The house is unfinished, Land area: 5.22 acres, Type of house: Brick/block. Near Svoboda, Simferopol ON plot 5.22 s there is a small, registered building + foundation 9*8=72 m. There is a well, electricity, and an outdoor shower. There is a survey III 2nd option = residential block (registration) and the share of all buildings in the center... | Price 2,500,000 RUB |
| Townhouse in the village of Veshki, 3 km from the Moscow Ring Road along the Altufevskoye Highway. Sale or exchange Type of building: Townhouse, Building area: 314 m2, Floors in the house: 2 , Number of rooms: 6 , Year of construction: 2015 , Condition: Unfinished, Lot area: 2 acres, Type of house: Brick/block. Exchange. Townhouse in the village of Veshki, 3 km from the Moscow Ring Road along Altufevskoye Highway. The total area is 314 sq.m., on a plot of 2 acres of land. House for finishing. Free layout. The townhouse consists of four levels (ground floor, first floor… | Price 2,650,000 RUB | |
| House in Peredelkino cheap profitable Moscow Type of building: House, Floors in the house: 2 , Number of rooms: 3 . I am exchanging my house in Peredelkino for a 2-room apartment. I will consider all options. The house is residential. Land 400 sq.m.... | ||
| 10 | Hand-cut log houses in Ufa, exchanged for an apartment in Moscow Type of building: Dacha, Building area: 105 m2, Floors in the house: 2 , Number of rooms: 3 , Year of construction: 2015 , Condition: After renovation, Land area: 15 acres, Type houses: Wooden, Garage. Hand-cut log houses (logs from 28cm), both residential. One two-story (5x7m) 70m. total area. Second log house with a large veranda, total area (5x7) 35 m. In the courtyard there is a covered garage for two cars. The house is located on a hill overlooking Ufa… | Price 120,000 USD |
| I am changing a house on Leningradskoye Highway, 35 km from the Moscow Ring Road to St. Petersburg or Moscow Type of building: House, Building area: 60 m2, Floors in the house: 2 , Number of rooms: 4 , Condition: After renovation, Plot area: 8 acres, Garage. I am changing a new house on a plot of 6 acres (fact 7.5) in the village of Dubinino (near Moscow region, 35 km from the Moscow Ring Road), permanent residence, 2nd line from the Leningradskoe highway, 1 km from Solnechnogorsk, forest nearby - 300 m, gorgeous Lake Senezh - 1 km (pearl of the Moscow region)… | Price 5,300,000 RUB | |
| 2 | I am changing a house in the Voronezh region for a plot in the Moscow region Type of building: House, Building area: 64 m2, Floors in the house: 1 , Number of rooms: 5 , Condition: After renovation, Lot area: 20 acres, Type of house: Wooden, Garage. A house in the Voronezh region with all communications, near the Don River, new asphalt in the village, 70 km to Voronezh... | Price 1,200,000 RUB |
| Exchange of a house in the near Moscow region for a house by the sea Type of building: House, Building area: 170 m2, Floors in the house: 2 , Number of rooms: 5 , Year of construction: 2016 , Condition: After renovation, Land area: 15 acres, Type of house: Wooden, Garage. Exchange of a house in the Kolchuginsky district in Barvikha on a plot of 15 acres, a guarded village. The village is located 95 km along the Moscow - Kolchugino highway, Shchelkovskoe highway, Gorkovskoe highway, Yaroslavskoe highway. 20 km after the city of Kirzhach 10 km… | Price 4,000,000 RUB | |
| 10 | I will exchange a house of 173 sq.m., 2 floors, plot of 12 acres, for an apartment Type of building: House, Building area: 173 m2, Floors in the house: 2 , Number of rooms: 6 , Year of construction: 1945 , Condition: After renovation, Plot area: 12 acres, House type: Brick/block. Land and restored in 2016-2017. a residential German house, according to documents a one-story 93 sq.m., in fact the house is 173 sq.m., taking into account: 2nd floor - a residential attic of 2 large rooms of 25-30 sq.m.... | Price 950,000 RUB |
| I am exchanging a house and two shares in Crimea for real estate in Crimea or Mainland Russia Type of building: House, Building area: 70.75 m2, Floors in the house: 1 , Number of rooms: 2 , Year of construction: 1970 , Condition: Needs repair, Lot area: 18 hectare, House type: Brick/block. I will exchange or sell a house in Crimea, Sovetsky district, Pchelniki village, Pervomaiskaya st., 73, in the center of the village + 2 black earth shares (1.5868 hectares + 2.7320 hectares) near the village = for any real estate in Moscow or Moscow Region, Mainland Russia, Crimea. I will consider any options... | Price 2,070,000 RUB | |
| Exchange of a 2-storey house for an apartment or house Type of building: House, Building area: 70 m2, Floors in the house: 2 , Number of rooms: 4 , Year of construction: 1998 , Condition: Unfinished, Land area: 2.5 acres, Type of house : Brick/block, Garage. The house is located in Rostov-on-Don, Western residential area, Zheleznodorozhny district, on Blagodatnaya street. 2-storey house 70 m2, 2 acres of land, garage (25 m2) with an extension (8 m2), all communications, Intellect video surveillance... | Price 4,500,000 RUB | |
| A house of 130 sq.m is being changed or sold Type of building: House, Building area: 130 m2, Floors in the house: 2 , Number of rooms: 5 , Year of construction: 2019 , Condition: After renovation, Land area: 7 acres, Type of house: Brick/ block, Garage. For sale attic house 130 sq.m., 3 bedrooms, all amenities, plot of 7 acres, 15 km from the mountains. Ufa-Bashkiria/Russia. Let's consider exchange options. Mortgage is possible... | Price 6,300,000 RUB | |
| 6 | House for sale Krasnodar region, village. Spacious Type of building: House, Building area: 75 m2, Floors in the house: 1 , Number of rooms: 2 , Year of construction: 2018 , Condition: Unfinished, Lot area: 5 acres, House type: Brick/block. We offer for sale a country house in the Krasnodar region. Located in the village of a new modern building called “Spacious”. The price is also attractive - 4,995,000 rubles... | Price 4,995,000 RUB |
| 4 | Exchange (sale) of the Moscow region to the Black Sea coast Type of building: Cottage, Building area: 320 m2, Floors in the house: 4 , Number of rooms: 8 , Year of construction: 2015 , Condition: After renovation, Land area: 15 acres, Type of house: Wooden . We offer two houses, a bathhouse, a square plot. It is possible to exchange for a house on the Black Sea coast with your additional payment. Main house. 4 levels 1st floor 1st entrance group: Hall, dining room, kitchen, bedroom, bathroom 2nd entrance group: hallway, room… | Price 25,000,000 RUB |
| 9 | I will exchange a house in Vladimir region, Kolchugino, for a house in Chernomorskoe suburb. Type of building: House, Building area: 170 m2, Floors in the house: 1 , Number of rooms: 5 , Year of construction: 1998 , Condition: After renovation, Land area: 15 acres, Type of house: Wooden. 1-storey house 170 m2 (log) on a plot of 15 acres, within the city. One owner, 170 m2. (19X9). Two separate entrances from two apartments, one 3-room + kitchen and toilet, the second 2-room + kitchen and toilet, we live in one half... | Price 4,900,000 RUB |
| 9 | I will exchange the house for two 1-room apartments. apartments Type of building: House, Building area: 190 m2, Floors in the house: 2 , Number of rooms: 5 , Year of construction: 2014 , Condition: After renovation, Land area: 16 acres, House type: Brick/block, Garage. House on the street Olympic, new cottage village, no. 33, red brick, 2-floor, 190 sq.m., plot of 16 acres. Attic, triple glazed windows, front door, covered with slabs, flight of stairs, documents ready, land and house owned... | Price 3,000,000 RUB |
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Possible design methods
There are several main options for transferring rights to a building:
- Give.
- Pass on as an inheritance.
- Exchange.
- Sell.
To choose the best option, we will consider each of them separately.
Sales agreement
An example of a garage plan.
Drawing up a contract is one of the most popular ways to re-register a garage as a property. How to make a purchase correctly? There are two forms of registration that comply with current legislation:
- simple written agreement;
- notarized written agreement.
Notarial form is an agreement for the execution and certification of which the participants used the services of a notary office. To draw it up legally correctly, you will need to collect a package of documentation, and most of the papers are valid for a limited period.
Two copies of the executed agreement are handed over to the parties to the transaction, while the third remains in the custody of the notary and serves as a guarantor.
A simple written agreement is an agreement drawn up not by a specialist, but by the garage owner himself. In this case, there is no need to collect documentation - the attached mandatory list will suffice, describing directly the essence of the transaction and each of the parties involved in it - the buyer and the seller.
Important! An agreement drawn up without the participation of a notary has an extremely low chance of subsequently going through the registration procedure with Rosreestr, therefore, in order to avoid problems in the future, it is better to entrust the drafting of the agreement to a specialist from a legal office.
Another step is to formulate the set of mandatory documentation required for the transaction. What documents will be required:
- a certificate confirming the fact of ownership of the building and title documentation;
- spouse's consent to sell property;
- technical and cadastral documentation for the garage box;
- passports of the parties to the transaction.
There are also different ways to carry out the procedure for transferring funds from the buyer to the seller:
- If the parties know each other and trust completely, the money is transferred immediately, even before the registration procedure.
- Agree with the bank and draw up a rental agreement for the safe deposit box, where the money is deposited. The seller can pick them up only when he presents a correctly executed contract.
It is necessary to register the agreement; this is one of the most important aspects of the transaction. A visit to Rosreestr will be required.
Also, the owner of the building and the buyer may not be present during this procedure - instead, it can be carried out by their authorized representatives, who have a passport and a power of attorney.
Gift deed
Another way to transfer property to a person, for example, a relative, is to issue a deed of gift. The same rules are followed here as in the previous method.
Gift deed for the garage.
But there are several nuances, namely:
- naming of the parties - donee and donor;
- no financial resources are transferred;
- a deed of gift is drawn up, not a contract;
- for registration there is no need to discuss the terms between the parties - they are formed by the owner of the building - the donor.
Re-registration of a garage in a cooperative
Re-registration of a garage in a cooperative is one of the most common situations. While there are no particular problems with the previous methods, the presence of a GSK membership book makes the process of transferring rights more difficult.
Selling or inheriting a garage in a garage cooperative is a convenient way to get excellent parking for your car, but it is not always convenient. We will tell you about several ways to re-register this type of real estate in GSK.
First, you will need to obtain a certificate confirming ownership of the building.
Certificate of ownership.
The following documents will be needed:
- Passport;
- Fee for registration procedures;
- Garage cadastral passport;
- A certificate of full payment of the share is issued by the chairman of the State Joint Stock Company;
Agreement for the exchange of a garage (non-residential premises): how to draw up and how to register; sample contract
Recognizing the convenience and simplicity of conducting a transaction to transfer property rights in the form of an exchange agreement, experts still recommend paying attention to some mandatory nuances of the procedure.
This also applies to registering a change of garage owner in the form of an exchange agreement.
A garage exchange agreement must necessarily take into account the recognition of the fact of the transaction by the buyer of the property, who is obliged to accept the property; the “seller”, even under the exchange agreement, is obliged to transfer it into possession.
In this agreement, the agreement is similar to conducting a transaction through the purchase and sale transaction procedure.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
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What is important to know
Procedure for re-registering a garage to a new owner:
- We determine which of the types described above is used to register the structure - donation, exchange or sale.
- We collect the required documents.
- Discusses the details and conditions with the applicant for the purchase of the building.
- We draw up an agreement.
- We transfer funds.
- We register the agreement.
There are many questions associated with the design; we will briefly consider the most common of them.
Is it necessary to ask the husband (wife) for consent to sell real estate? Yes, when the building is in common ownership of both spouses, that is, purchased after marriage. The exception is gift or inheritance.
Is it possible to carry out the procedure by proxy? Yes, but it must be completed correctly. Also, the authorized person must have with him a document confirming his identity - a passport.
The essence of the garage exchange agreement
The procedure for conducting a transaction in this situation is determined by several articles of the Civil Code of the Russian Federation. Among other things, Chapter 31 of the Civil Code of the Russian Federation, Articles 49 and 502 .
Civil Code of the Russian Federation Article 502. Exchange of goods
1. The buyer has the right, within fourteen days from the moment the non-food product is transferred to him, unless a longer period is announced by the seller, to “exchange the purchased product” at the place of purchase and other places announced by the seller for a similar product of a different size, shape, size, style, colors or configuration, making the necessary recalculation with the seller in case of a difference in price. If the seller does not have the goods required for exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it. The buyer's request for an exchange or return of goods must be satisfied if the product has not been used, its consumer properties are preserved and there is evidence of its purchase from this seller. 2. The list of goods that are not subject to exchange or return on the grounds specified in this article is determined in the manner established by law or other legal acts.
Article 567 clearly states the possibility of using such an agreement when transferring one product in exchange for another.
Civil Code of the Russian Federation Article 567. Agreement of exchange
1. Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another. 2. The rules on purchase and sale (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of this chapter and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.
In this case, a garage may also be considered.
The agreement does not require a mandatory replacement between the owners of one garage for another. The advantage of such an agreement is the opportunity to independently declare a cross change of owners of certain goods, the value of which is declared by the participants in the transaction themselves.
Bottom line
Today there are quite a lot of opportunities to re-register a garage for another person, so every garage owner can choose the most convenient one. Some methods are easier to complete, others are more difficult, but in any case you will have to collect a large number of documents. Prepare and register them.
To do everything correctly and spend a minimum of time and effort, it is better to use the services of specialists who will not only check the accuracy of the documents, but will also help you receive them much faster.
