How to register a garage as your property in 2021

New laws in 2021 and 2019

Registration of rights to garages depends on their characteristics. Ownership of a garage must be registered if it relates to real estate. According to the rules of Art. 130 of the Civil Code of the Russian Federation, real estate is recognized as an object inextricably linked with the land, the movement of which is impossible without disproportionate damage to its functional purpose. It is the registration of rights to such objects that will be discussed in this article.

The legislation on registration of real estate has changed significantly; the following regulations will apply in 2021 and 2021:

• Civil Code of the Russian Federation, regulating the general rules for confirming and registering rights to real estate;
• Federal Law No. 218-FZ dated July 13, 2015, on the basis of which registration actions and cadastral registration are carried out;
• The Town Planning Code of the Russian Federation, which regulates the procedure for the construction of individual capital construction projects;
• Federal Law No. 315-FZ dated July 3, 2016, which introduced the concept of a parking space;
• Order of the Ministry of Economic Development of the Russian Federation dated November 26, 2015 No. 883, defining the procedure for submitting documents and filling out registration forms.

If you took part in garage construction by joining a cooperative and paying share contributions, you can register ownership of the finished object after putting it into operation. Car spaces can also be located in garage cooperatives, or provided for by design documentation in new buildings.

Expert commentary . For the construction of private or cooperative garages, land is allocated on a lease basis from the municipal fund. It is also possible to build on a site owned by a citizen or enterprise. The Town Planning Code of the Russian Federation defines cases when a construction permit is required to begin work. For garages and parking spaces, such permission must be obtained if they are built simultaneously with an apartment building.

Re-registration of a garage: procedure, package of documents

A certificate of inheritance allows registration at the location of the property.
It is simple to re-register at the registration chamber if the land for construction was allocated to the previous owner for specific purposes (garage, etc.), but not for use for commercial purposes. Re-registration of garage real estate to another person is also possible by inheritance. There are certain nuances associated with contributions (shares). An heir (son, for example) can be accepted into the cooperative and continue to pay share contributions. If the heir does not want to become a member of the GSK, then he is required to return the previously paid contributions in full.

Required documents

Depending on the type of property being registered (garage in the GSK, parking space in a new building, etc.), the following documents will be required to register ownership:

• application for cadastral registration and registration;
• Identification document – ​​passport, birth certificate. A garage, like any other piece of real estate, can be registered as the property of a minor child. In this case, the legal representative (parent) will handle the paperwork;
• certificate of membership in the garage cooperative - issued by the board of the GSK at the request of the shareholder;
• a certificate of full payment of a share in the cooperative - this document is also issued by the board of the GSK, and signatures are placed by the chairman and chief accountant of the cooperative;
• the constituent documents of the GSK, the register of members of the cooperative, a protocol confirming the powers of the chairman and chief accountant - these documents are submitted to the Rosreestr service when registering the first garage in the GSK; when subsequent owners apply, the information will be received by the registrar himself;
• a technical plan reflecting the location of the garage on the cooperative’s land, or a technical plan for a parking space;
• a payment document confirming payment of the state duty (in 2018, the duty for citizens is 2,000 rubles, for enterprises – 22,000 rubles).

During cadastral registration and registration of a newly constructed building, all parking spaces can be taken into account at the same time if the applicant submits a technical plan for a capital construction project indicating information for each parking space.

If a garage or parking space is purchased through a civil transaction, a purchase and sale agreement and a transfer deed are submitted to Rosreestr. The copyright holder can conduct all actions through a representative; to do this, you need to issue a power of attorney at a notary office. The original power of attorney is submitted for registration along with the entire set of documents.

Also, when registering ownership of a garage, it is necessary to draw up documents for the land plot underneath it.

Expert commentary . Depending on the conditions of a particular transaction or registration procedure, other documents may be required. You can find out more information about the full set of documents in consultation with a lawyer, on the official website of Rosreestr, or by contacting the MFC. Please note that if the set of documents is incomplete, a decision will be made to suspend registration actions. After submitting the missing forms, the procedure will resume according to the general rules.

Re-registration of a garage as the property of another person

In order to transfer the garage to another person, two conditions must be met. Firstly, the garage must be owned by the person who sells it (changes it, donates it, leaves it as an inheritance, and so on). Without complying with this condition, any re-registration of property is obviously illegal.

• constituent documentation of the garage cooperative;
• act on the allocation of land for the construction of garages;
• building permit;
• acts on the commissioning of constructed garages;
• an extract from the register of legal entities (a garage cooperative is necessarily a legal entity);
• TIN of the garage cooperative.

Cadastral registration and registration of garage and parking space rights

The rules for cadastral registration and registration of garages and parking spaces are determined by Federal Law No. 218-FZ. To register the indicated objects as property, it is necessary that the GSK or an apartment building with a parking lot be put into operation. This procedure is carried out by the board of the cooperative or the developer, the documents are approved by the acceptance committee.

Primary cadastral registration and registration are carried out within a single procedure. In subsequent transactions with garages and parking spaces, only the registration procedure will be carried out, since the cadastral number of the object is retained for the entire period of its existence. The exception is when there is a change in the characteristics of the object (for example, a decrease or increase in the area of ​​a garage or parking space).

When applying for cadastral registration and registration, consider the following rules:

Re-registration of garage documents

If you are an heir under a will or a first-degree relative of the deceased. as well as subsequent queues, provided that the deceased does not have relatives of earlier queues of inheritance, we will help you formalize the inheritance and collect all the documents necessary for this. This will save your time and nerves that you could spend in queues and communicating with petty government officials.

» Acquiring new property is a pleasant action and improves your standard of living, but the registration and registration of this property often causes headaches. When purchasing a garage, which is a capital building, you must go through the procedure of re-registration in the Unified State Register of Rights to Real Estate and Transactions with It. Re-registration is required after purchase, inheritance, acceptance as a gift and other transactions with property that entail a change of owner.

Step-by-step garage registration procedure

The algorithm of actions for registering ownership of a garage is as follows:

• after paying the entire amount of the share and putting the GSK into operation, you need to contact the board of the cooperative and receive a certificate of membership and full payment of share contributions;
• if the garage has not previously been registered with the cadastral register, you need to contact a cadastral engineer and obtain a technical plan;
• with the prepared set of documents, you need to contact Rosreestr and the MFC, where an application for registration will be filled out;
• Upon completion of the procedure, you need to receive an extract from the Unified State Register of Real Estate confirming ownership.

If the cooperative has existed for a long time, but the application for registration has only just taken place, problems may arise with obtaining documents (for example, the archive of the GSK is often lost, especially when members of the board and chairman are repeatedly changed). In this case, to confirm rights, it may be necessary to go to court, then registration of property occurs on the basis of a judicial act.

Expert advice . If a garage built individually on a rented or own plot is registered, a technical plan is submitted to Rosreestr or MFC. Previously, to apply to Rosreestr, it was necessary to fill out a declaration for the object, now this rule has been canceled, and you need to submit a technical plan and title documents for the land under the garage.

Re-register a car with the traffic police: what documents are needed in 2021

Is the owner's driver's license included in the list of documents for re-registration of a car? What to do if you have not yet acquired your rights? Of course, you can register a car in your name; you don’t even need to have approximate driving skills to do this. But then the insurance must indicate not the owner, but the driver who will be driving on the day of registration.

Therefore, it is in the interests of the seller to re-register the car as quickly as possible. His presence at the traffic police is not necessary, but after ten days he can check whether the car is registered to the new owner. If the careless buyer still has not bothered with registration, the buyer will have to independently deregister the car in connection with the sale.

Documents and applications required for registration

Registration of property rights occurs on the basis of an application and submitted documents. The application is filled out directly at the Rosreestr service or the MFC. To do this, use a form approved by Order of the Ministry of Economic Development of the Russian Federation dated December 8, 2015 No. 920. The rules for filling out the application, as well as the requirements for the composition of documents, are determined by Order of the Ministry of Economic Development dated November 26, 2015 No. 883.

https://smway.ru/wp-content/uploads/2018/02/Forma-zayavleniya-o-regitsratsii-prava.docx

The following must be attached to the registration application:

• applicant's passport;
• notarized power of attorney for a representative;
• agreement or other transaction document;
• technical plan for the garage, as well as a boundary plan for the land;
• a judicial act, if it confirms the emergence of rights;
• documents received from GSK or the developer of an apartment building;
• minutes of the general meeting of the owners of the apartment building, if by their decision the spaces in the constructed parking lot are allocated;
• payment document for payment of state duty.

Upon receipt of documents, a receipt is issued indicating the date of issue of the USRN extract.

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[email hidden] Belarus, Vitebsk Posted by 1 Reputation:

January 17, 2012, 11:16 No ratings Please tell me the procedure for purchasing a garage in a garage cooperative.

We recommend reading: What is the charge at the labor exchange in Novosibirsk

What procedures should I follow to ensure that the purchase and sale transaction is completed correctly and to protect myself in the future? Is it possible to carry out the transaction only within the framework of a garage cooperative or is it better to register it with a notary? I want to draw the moderator's attention to this message because:

A notification is being sent.

[email hidden] Belarus, Minsk Posted by 23 Reputation: February 4, 2012, 12:17 recently made a transaction.

We’re going to the BRTI - they have the right to certify purchase and sale transactions. The buyer must have a passport with him, the seller must have a certificate of state registration of the garage, a passport, if divorced for no more than 3 years, then consent to the sale of the other half or the personal presence of this half with a passport.

about 350,000 with you. 30 minutes and a purchase and sale agreement, a certificate of state registration.

registration in your name is in your hands. give it away

Registration of rights to land under the garage - instructions

Garages and parking lots with dedicated parking spaces can be built on their own land plots or on territories provided for these purposes by municipal authorities. A plot of land under an individual garage, allocated from the municipal fund, is registered free of charge as the property of citizens under the following conditions:

• if its allocation took place before October 30, 2001;
• if the administrative act or agreement indicated the intended purpose of the site - individual garage construction;
• if the citizen already had the right to land, registered under previous legislation.

For the construction of garages through cooperatives, land is allocated from the municipal fund. After the finished facilities are put into operation, the land will be registered as the common property of the members of the cooperative. When registering rights to a separate garage, the plot of land under it cannot be transferred into the ownership of citizens, since the territory of the GSK is indivisible.

What garages are we talking about?

The amnesty covers garages built before the entry into force of the Town Planning Code of the Russian Federation, that is, before December 31, 2004. We are talking, first of all, about capital structures that have a foundation and walls.

The buildings must be one-story, without residential premises. They can be part of garage-building cooperatives or be separate capital buildings.

The land on which the garage is located must be administered by the state.

Self-built buildings and underground garages in high-rise buildings and office complexes are not included in the “garage amnesty”.

In some cases, it is possible to register ownership of the land under a non-permanent garage - if such a garage was erected before 2005, and the land under it was provided to the owner as a member of the garage cooperative.

Registration of a long-term lease agreement for a garage or parking space

Like any other piece of real estate, a garage or parking space can be rented out for short-term or long-term rent to other citizens or legal entities. If the contract term does not exceed one year, it does not need to be registered. For long-term leases, the following documents are submitted for registration:

• statement;
• passports of the parties to the transaction;
• lease agreement and transfer deed;
• a document of title for a garage or parking space (if the lessor’s rights were registered after July 2021, it is not necessary to submit an extract from the Unified State Register of Real Estate, the cadastral information will be received by the registering authority independently);
• technical plan for a garage or parking place;
• payment document confirming payment of the state duty.

An encumbrance will be established for the entire lease term; this fact is reflected in the Unified State Register of Registration (USRN) extract. After completion of the lease relationship, the encumbrance is removed.

Expert commentary . When leasing space in the MKD parking lot, the size of parking spaces may vary, depending on the terms of the contract. For this purpose, the law allows for temporary cadastral registration with the assignment of a temporary cadastral number. The characteristics of such a temporary facility are reflected on the technical plan, and in reality - by markings or temporary enclosing structures.

RENTAL AGREEMENT FOR GARAGE or parking space

Possible design methods

There are several main options for transferring rights to a building:

1. Give.
2. Pass on as an inheritance.
3. Exchange.
4. 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:

1. If the parties know each other and trust completely, the money is transferred immediately, even before the registration procedure.
2. 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.

Purchase of a garage or parking space from a garage cooperative (GSK)

You can purchase a garage or parking space in the GSK by full payment of share contributions (for members of the cooperative), or by concluding a purchase and sale agreement. The amount of contributions and the redemption price for GSK objects are approved by the general meeting of members of the cooperative. The repurchase agreement will be concluded with the GSK board represented by its chairman, after which you need to contact Rosreestr or the MFC to register the right.

If a garage or parking space is already registered as the property of a private person, he can sell it at his own discretion. To do this, a purchase and sale agreement is concluded and registered according to general rules. It is allowed to transfer the garage to third parties without registering it as property. To do this, an application is submitted to withdraw from the GSK and at the same time accept a new member into the cooperative. In this case, the applications must be approved by the general meeting of shareholders.

Algorithm of actions

Procedure for re-registration of a garage structure:

1. Determine how the building will be re-registered (sale or donation).
2. Find out whether the object is registered in the cadastral register and whether it is registered in the Rossreestr. If not, register ownership of the garage structure and land.
3. Collect all documents for re-registration to another person.
4. Draw up a preliminary agreement and discuss all its points with the other party.
5. Conclude an agreement with a notary in triplicate.
6. Re-register the garage building to the new owner.
7. Make payments for the purchase or receive money for the sale of the building.

Costs and deadlines for registering a garage or parking space in 2021 and 2021

To register ownership of a garage or parking space, you need to pay a state fee of 2,000 rubles. Payment details will differ for different regions of the Russian Federation and localities, as well as when submitting documents to Rosreestr or MFC. You can find out the current details on the official websites of Rosreestr, MFC or the tax service, or by personally contacting the indicated departments.

The registration period is determined as follows:

• with simultaneous cadastral registration and registration - 10 days (through Rosreestr) and 12 days (through the MFC);
• when registering a garage or parking space that has already been registered in the cadastral register - 7 and 9 days, respectively.

The specified periods are calculated in working days. The date of receipt of the completed documents will be indicated in the receipt when applying for registration.

Re-registration of a car: documents and procedure

Re-registration of a car is carried out in cases of buying/selling a car second-hand and inheriting a car. In both cases, you need to go through the same procedure, and the difference lies only in the list of required documents. So, in order to re-register a car, both parties must submit the relevant documents to the traffic police MREO. According to current legislation, you can contact these authorities in any region of the country. This procedure can take place while maintaining the numbers or replacing them.

Usually the re-registration procedure takes about 10 days. To confirm the information that you have become the new owner of the purchased car, after ten days you must contact the traffic police MREO for information. This will allow you to avoid tax payments and fines in case of violation of the re-registration procedure.