How to redesign a garage in a cooperative

A garage these days can cost even more than some apartments or plots. Therefore, it is not surprising that garages often become the subject of transactions: they are sold, bought, exchanged. During all these processes, the same question arises acutely - how to re-register the garage as the property of another person. If the garage is not fully registered in the name of another person, then there may be serious problems with the property in the future.

Registration of ownership of a garage is quite simple, but this process has several important distinctive features that you should definitely pay attention to.

The garage must be owned by one of the parties to the transaction

Situations are not uncommon when a garage was built without permission and there are no documents for it. In this case, the building cannot just be sold; it must be privatized.

To do this, you need to collect the necessary list of documents and go to the self-government body. A decision must be made there; if it is positive, then the owner of the garage can dispose of his property as he pleases. Interestingly, more than 10% of garages are not currently privatized.

When the property issue has been settled, you can move on to the next point.

There can be many situations when you need to transfer rights to a garage; we will consider the most common ones.

Transfer of ownership of the garage upon sale

This is by far the most common situation. One party wants to sell the property, and the other buys it and, naturally, wants to get full rights to it.

For purchase and sale you will need contracts that you can draw up yourself. But it would be best to entrust this matter to a notary and not take risks. For the registration process itself, you will need a certain list of documents:

• The contracts themselves are drawn up in 3 copies, one for each party;
• Identity cards of both parties (passports);
• Documents that confirm the ownership of the garage by one of the parties;
• Cadastral passport of the property being sold.

Re-registration of the garage after purchase

The first thing you need to do, having chosen a seemingly suitable garage for purchase, is to find out whether its owner has a Certificate of Ownership of the garage. You can ask the owner himself to show it or, for greater reliability, apply to the department that carries out state registration of the powers of property owners. The application must be accompanied by a copy of your passport and a copy of the receipt for payment of the fee.

The second step is to make sure that he has fully paid off the share for the garage and trace the “history” of the garage at least to the previous owner. Ask the seller for a purchase and sale or donation agreement confirming the legality of his purchase of the garage.

Let's take a closer look at two options:

• The current owner has a Certificate of State Registration
• No certificate

If you are convinced that the garage is registered to the current owner and obtained legally, you must draw up a purchase and sale agreement. It must be drawn up in 3 copies and submitted to the registration chamber for registration. The purchase and sale agreement is accompanied by an act of acceptance and transfer of the object.

As you can note, the law provides for separate registration of purchase and sale agreements and transfer of ownership. Similar measures are applied when drawing up a gift agreement. But during inheritance, only the transfer of ownership is registered. The purchase and sale agreement does not have to be drawn up by a notary; this can be done voluntarily if you wish to formalize the transaction in a qualified manner.

Next, the current owner of the garage and you (the buyer) go to the department that carries out state registration of the powers of property owners, with the documents listed below.

The seller must provide the following documents for re-registration of the garage:

• Application for registration of transfer of rights
• Certificate of state registration of ownership of the garage
• A document confirming the grounds for the seller's ownership rights (for example, a purchase and sale agreement)
• A copy of an extract from the BTI technical passport for the facility
• Sales and purchase agreement in triplicate
• Transfer and acceptance certificate in triplicate
• Receipt for payment of state duty
• Notarized consent of the spouse to complete the transaction, if any

The buyer provides:

• Application for state registration of the right to a garage
• Notarized consent of the spouse for the purchase

Within a month, applications and documents will be processed, and you will receive a Certificate of state registration of the right to a garage in your name.

Now let's turn to a less favorable option - the current owner of the garage does not have the required Certificate. What should I do? Ideally, both of you should act according to the following plan:

1. The seller submits the necessary documents to register ownership of the garage and receives a certificate.
2. The seller and you draw up a purchase and sale agreement and register it.
3. You submit an application for re-registration of the right, as described above.

Here, again, there are two ways, it all depends on the circumstances.

The first circumstance. The current owner does not have a Certificate, since the right to the garage was registered by him before January 31, 1998. If the garage was registered correctly in accordance with the laws in force at that time, the three above stages can be completed simultaneously, that is, the registration of the right to the garage can be carried out simultaneously with the alienation of the property.

To do this, in addition to the above documents and instead of the Certificate of State Registration, the seller must provide:

• Statement
• Passport
• Title documents for the garage (sale and purchase agreement, gift, etc.), in a word, documents confirming the legality of the transfer of the garage to it and its registration in accordance with the law
• Cadastral passport
• Receipt for payment of state duty

The second circumstance is the most unfavorable. The owner of the garage does not have any title documents on hand, either they are very unreliable, or some of the documents are missing. In this case, it will not be possible to legally buy a garage and re-register it without problems. The current owner will have to not only register the right to a garage in advance, but also first prove it in court.

And there is a simple way out of this situation, which buyers and sellers of garages use everywhere. The seller and the buyer come to the chairman of the GSK and write applications: the seller about leaving their cooperative, the buyer about admission to the cooperative. The seller provides the chairman of the cooperative with a membership book. An act of acceptance and transfer of the garage and a purchase and sale agreement are drawn up. The buyer receives a membership card and simply continues to use the garage in place of the previous owner.

In this case, the buyer does not become the full owner of the garage and will not be able to easily register it in his name if necessary. If force majeure situations arise, such as the demolition of a garage cooperative by the authorities, the buyer is left with nothing. We do not recommend that you use this method, despite its simplicity.

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Transfer of ownership of the garage through the process of donation

A garage can also be donated, after which it will also be necessary to register the construction to the new owner. This is done in almost the same way as during a regular sale.

It is necessary to conclude a gift agreement, which is also drawn up by a notary. After registration is completed, the garage becomes the property of the new owner.

It is definitely worth considering that, under certain conditions, the donor may try to return his property to ownership by terminating the contract.

Re-registration upon purchase

One of the most common ways is to re-register property under a gift deed. This method involves paperwork similar to a sale and purchase.

The procedure for preparing documents for a gift involves drawing up a gift agreement, collecting a package of documents and performing the necessary registration actions.

There is a possibility of termination of the contract by the donor if the conditions are not met. The object can be re-registered under an exchange agreement. The package of documents with this registration method changes slightly. Exchange can be equal or unequal. All this needs to be taken into account.

Re-registration options:

• On the occasion of receiving an inheritance. The package of documents must be supplemented by a notarized will and a notary’s decision that inheritance comes into force.
• Division of property during divorce. Additional documents include a copy of the divorce certificate, a marital agreement, or a court decision that recognizes ownership of the garage as one of the spouses.

Collecting certain documents and drawing up a contract can be difficult. It's good if a specialist does this. If this is not possible, then you should at least get advice from a professional lawyer.

Registration through MFC

Recently, transactions through multifunctional centers have become very popular. You can arrange anything there simply, but not very quickly. The entire process can take up to a month. It takes so long because all documents are sent to the appropriate authorities.

To complete a transaction, just make an appointment and collect the necessary documents:

• Passports;
• Contract of sale;
• Cadastral passport;
• Documents proving the seller’s ownership of the land and the garage itself;
• Acceptance certificate for premises.

What do you need to remodel your garage?

The overwhelming majority of garages in our country are cooperative, i.e. are on the balance sheet of GSK (garage and construction cooperatives). This is the best option for acquiring a place to store a car and is relatively inexpensive.

If there is a need to sell a place in a garage cooperative, then the owner faces legal problems.

Please note: In fact, the owner of the garage box is not its legal owner.

It is possible to re-register a building to a new owner only after establishing the competence of constructing a garage.

If the building was built according to the law, then the garage owner can start collecting the necessary documents to register the right to the property. To do this you will need the following documents:

• a certificate from the chairman of the GSK about his stay in the cooperative;
• certificate of payment of the share (contributions) in full;
• certificate of garage construction;
• act on putting the building into operation;
• documents from the BTI for the facility.

If, before registration for personal use, none of the members of the GSK dealt with this issue, then additionally you will need to submit the following documents:

• statutory and constituent documents for the garage cooperative;
• extract from the Unified State Register of Legal Entities;
• taxpayer code;
• a document proving the competence of the chairman of the GSK.

You need to obtain a document certifying your property rights from the local district administration. To obtain a certificate you will need to submit the following documents:

• a legal decision to allocate a plot of land for the construction of a garage building;
• permission to develop the property;
• technical documents from BTI.

All transactions regarding garage buildings are made in writing.

How to transfer a garage to another person without red tape with documents

Many sellers and buyers today decide to cheat and transfer money directly, without any registration of the transaction. This is a very bad method, although it does not require any action at all and the payment of taxes and duties. The fact is that the person who bought the garage will not be able to sell, rent out, or exchange it, since the new owner will not have any documents at all for the honestly purchased building.

Another serious problem you may encounter is scammers. It is possible that the garage that you are offered to buy directly, without registering a contract, does not belong to the seller at all, and after the purchase the real owner will soon appear.

Re-registration of a garage in a cooperative is not a very complicated, but slightly drawn-out process that requires effort. Nevertheless, you should not be afraid to register a garage in the name of another person; this is a reliable way of acquiring property that guarantees no problems in the future.

Procedure for selling a garage owned by

Its sale legally is possible only if it is privatized. Only privatization affects the legality of the purchase and sale agreement. However, there is another way to sell if it is not registered. This method assumes that he is a member of a cooperative.

If it is located in a cooperative, we are not talking about selling the building, but about selling a place in the cooperative.

After the purchase, the new owner legally becomes a member of the cooperative and can legally use the garage. However, the land continues to be leased. Therefore, it is important to monitor the rental period, since after its completion, the garage may be demolished.

Sales procedure:

• Provide proof of ownership.
• Take an extract from the register;
• Draw up an agreement, and after signing it, register it in the register.

If the property is located in a garage cooperative, the procedure for selling it will be different. Transactions are considered “gray” if it is not privatized. If the purchased garage belongs to a cooperative, its new owner must become a member.

Procedure

To re-register a garage to another person, you need to perform a number of specific actions:

Collecting the necessary documents

The necessary documentation is usually prepared by the party to the contract, which is the seller. But if a contract is drawn up between garages, both parties prepare the papers.

Let's look at what documents are required to transfer ownership of a garage to another person.

The following documents will be required from the garage seller :

Rosreestr specialists can also request additional certificates from the seller for re-registration of the garage if the contract for this object is concluded for the first time and the garage box is located in a new cooperative. Those. The register does not contain information about this garage cooperative, other than the date of its registration.

How to legalize a garage on your own site, see the article: how to legalize a garage in 2020.

What is the price

If a citizen prepares the documents for the contract himself, he can significantly save his money.

You only need to pay the state fee. Its size is established in Art. 333.33 Tax Code of the Russian Federation. The amount of the duty varies depending on the legal status of the seller.

According to this article, you must pay:

You will also need to pay for copying services if necessary.

Video: Where to start when registering a garage as your property

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What methods exist

Ownership of your personal garage can be transferred in several ways:

• give it to a relative or any other person;
• sell it to anyone;
• transfer the garage by inheritance by drawing up a will.

In Soviet times, there was still an exchange, that is, it was possible to exchange one garage for another. Now the exchange of real estate does not exist, there is the purchase and sale of one object, and the purchase and sale of another.

Each method is legal and is accompanied by the conclusion of an agreement. But each has its own characteristics.

When concluding a purchase and sale agreement

A garage, like any piece of real estate, can be sold. To do this, you need to draw up a purchase and sale agreement and then register the transaction.

As a rule, the parties to the transaction find each other on their own, but often resort to the help of realtors. They also help to complete the transaction.

Before concluding the main agreement, the parties enter into a preliminary agreement, in which each party expresses its wishes regarding this transaction.

There is no need to make any advance payment under such an agreement. It is drawn up so that the parties can discuss all stages and nuances of the transaction.

Once an agreement has been reached regarding all points of the preliminary agreement, the parties can draw up and sign the main agreement based on it.

Payment is usually made using a safe deposit box. In addition, the buyer can borrow funds from the bank for the purchase.

The agreement for the sale and purchase of a garage, just like the sale of any other real estate, must contain the following clauses:

It is advisable to draw up the agreement in 3 copies and sign it by 2 parties. And, although the law does not oblige the parties to register the agreement with the Rosreestr authorities, it is advisable to do so.

It is for this reason that it is necessary to draw up and sign 3 copies of the document. Two copies marked by Rosreestr will remain with both parties to the transaction, and the third will remain with the organization.

When purchasing a garage, all tax deductions that are due upon the purchase or sale of real estate by each party apply.

How to legalize a garage on your own site, read the article: how to legalize a garage in 2020.

How to register a garage as a property if there are no documents, read here.

Gift transaction

You can donate a garage. To do this, it is necessary to conclude a gift agreement. How to re-register a building for my son.

The easiest way is to give it as a gift! Then you won’t have to pay tax on it, and it’s easier to conclude just such a deal.

If a transaction occurs between close relatives, then you can conclude an agreement in simple written form, and then register it with the Rosreestr authorities.

If the parties to the transaction are strangers, then the agreement must be concluded in notarial form. Then the package of documents will be slightly different.

Almost the same requirements apply to a gift agreement as to a purchase and sale agreement.

It requires:

The gift agreement is drawn up in 3 copies, and then, together with all the documents, is transferred to Rosreestr for registration.

By agreement of exchange

As such, real estate exchange, as it was in Soviet times, does not exist now. There is a deal to sell one garage, and a deal to buy another.

Registration with Rosreestr takes place in exactly the same way as a purchase and sale transaction. But there is one caveat - documents need to be collected for both objects.

As a rule, an equivalent exchange occurs, that is, the purchase amount of one garage and the sale amount of another are the same. Therefore, the parties do not actually exchange money.

If the exchange is not equivalent, then one party pays extra to the other, or, conversely, returns a certain amount of funds. But this needs to be mentioned in contracts.

When receiving an inheritance

A garage can be inherited - both by will and by law. To register property by inheritance, you need to collect the same documents as when making other transactions for the acquisition and alienation of property rights.

But, since the basis for registering the right is inheritance, you need to attach a certificate of inheritance, as well as a will or a document confirming the relationship with the former owner.

When dividing property in case of divorce

The procedure for dividing a garage upon divorce depends on when it was acquired as property - before or during the marriage, and how the owner acquired ownership.

If the garage has been privatized, then there are 2 options:

If it was received as an inheritance or as a gift even during marriage, then the spouse does not have the right to claim it.

If it was acquired under a purchase and sale agreement and is jointly acquired property, then it is subject to division accordingly - in equal shares between the spouses.

Change of owner

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The procedure for changing ownership is typical for any transaction involving the alienation of a property, be it a purchase or sale or a gift.

The transaction itself does not confirm a change of ownership. It only indicates that one party accepted the object, and the other received the money, if it is a garage sale.

In order for the one who received the garage to become an owner who is endowed with legal rights, it is necessary to take part in state registration.

It is after this that you will become the real owners of the garage. Without completing the proper documents, a citizen will be considered a user and not an owner by law.

Transaction for the purchase and sale of a garage through the MFC in 2020

Citizens who are interested in purchasing a garage through the MFC should familiarize themselves with the current rules. They will be consulted at the center. There is also a list of papers that you need to bring.

In order to sell something to someone, you need to prove ownership of the property. To do this, you will need to take an extract from the register or technical inventory bureau (if the documents were prepared before 1998).

An agreement is drawn up, an agreement is signed, a fee is paid, an agreement is concluded, and submitted to the registrar.

Some sellers deliberately lower the actual price in order to pay less tax. It is not recommended to deceive the Federal Tax Service. Significant discrepancies between the market value and the value specified in the contract will lead to an audit. If auditors find a violation, you will be fined.

An important point is the preparation of the transfer and acceptance certificate and the issuance of collateral by the buyer. Often a receipt may be required, and a notary will be required to certify that the money has been received.

Make an appointment

You can sign up on site or through the website. Having visited the official page, look at the corresponding section. Contact numbers are also listed there. The work schedule is indicated in the “About Us” tab.

Required documents

First of all, an agreement is drawn up between the parties. In it they indicate their details, present papers confirming the absence of claims from the husband/wife or other persons.

We also need information about the layout and properties. The materials (brick, metal, etc.), exact dimensions (HDD), and the date when the object was built must be indicated.

If there is an inspection hole, communications are connected, this should also be indicated in the plans. Therefore, the owner will need cadastral extracts.

A status certificate is required for the site on which the facility is built. This will eliminate subsequent territorial disputes.

Sometimes the owner may be sick, away, or busy with business. In this case, he has the right to issue a notarized power of attorney to any citizen representing his interests.

Registration of a garage sale and purchase agreement at the MFC

Any sale of a garage through the MFC involves the signing of an agreement. For its conclusion and subsequent registration, it is necessary to comply with all the provisions specified in Art. 551 Civil Code of the Russian Federation.

According to the law, this issue is dealt with by the Rosreestr body at the place of registration of the citizens who applied, but it is also possible to apply to multifunctional centers serving the area of ​​the city in which the property is located.

When registering, you will need to have the passports of both parties to the transaction with you. Copies will be made of them, which will go along with other documents confirming the rights to real estate and describing its properties. You will be given a receipt for payment of government fees. duties.

Read/write all terms and conditions carefully. If you have agreed on an installment plan, then you must indicate the exact terms of payments, their amounts, and other important financial aspects.

Do not forget about the exact time when the new owner will be able to use the purchased property. If you accidentally or intentionally do not set a date, by law you have six months to resolve this issue.

Sample contract for the sale and purchase of a garage in 2020

State registration is possible only for an agreement drawn up in accordance with existing legal requirements. The paper can be filled out by hand or printed on a printer, except, of course, for signatures.

Government duty

Based on the issued receipt, the buyer pays the state duty established by law in the amount of 2,000 rubles for state registration of the contract. Obtaining a cadastral passport costs 200 rubles. It is issued within 7 working days.

Please note that when contacting the multifunctional center, you send all the papers to Rosreestr. The procedure may take up to a month. Shipping will also take time.

Obtaining ready documents on ownership of the garage

Upon completion, you will receive copies of the registration certificate. If for some reason you were unable to pick it up on time (within a month), it will be transferred to the archives. You need to call the department and arrange a time to visit. You will then be notified when and where to go to receive your copy.

The exact date of issue will be indicated in the receipt that you will be given at the MFC; you can also track the results via the Internet using the number indicated in it. There is no point in arriving early. The buyer and seller can pick up a copy independently of each other. It is enough to have a passport of a Russian citizen or its equivalent as identification with you.

Re-registration of ownership of a garage

It is believed that if the garage has an owner, then there is no point in wasting time on this procedure.
However, there may be difficulties here. If the ownership of property is not legalized, then at some point the “legitimate” owners will want to appropriate it. Therefore, you should not refuse such a procedure. If the garage is registered as your property, this will secure your right to it. — The property is joint, just so that the wife becomes the owner according to the documents.

As a rule, all these documents can be collected in one place, namely in the management of the cooperative. There are several ways to re-register as the property of another person.

Depending on the specific situation, one or another method is chosen.

• Re-registration of ownership under a purchase and sale agreement

An agreement drawn up by a specialist will, by definition, be correct and, as a rule, no problems arise with its registration.

Buying and selling a garage through the MFC

In 2020 - 2020, registration of a garage through the MFC has become very popular in Russia. This is due to the simplicity of the procedure, convenient timing and format of the transaction.

Although the Multifunctional Centers themselves are only intermediaries between citizens and regulatory organizations, state registrars, they help to carry out a transaction in accordance with current Russian legislation.

Officials are well aware that a covered place for individual parking, especially a well-equipped one, costs a lot of money. Therefore, any attempt by the owner to receive money without official procedures and paying taxes leads to fines and sanctions from various authorities.

List of documents for re-registration of the GSK garage

If the garage is located in a cooperative, the package of documents will be slightly different:

• Certificate of membership in a garage-construction cooperative,

Documents for the construction of a building,

• Technical documentation,
• A certificate confirming payment of the share contribution in full,
• Certificate confirming ownership of the transaction object,
• Cadastral documents,
• Passports of the seller and buyer (donor and donee, etc.),
• Statutory documentation of GSK,
• TIN,
• A document confirming the authority of the chairman of the State Committee.

When preparing and composing documents, it is necessary to ensure that there are no errors or typos in the documents. Otherwise, this may become a reason for refusal by the authorized body.

Also, when registering a garage in the GSK, it is necessary to take into account that even if the share has been fully paid, this does not provide the citizen with ownership of this object because registration of ownership rights can be carried out only after the share has been redeemed in full, through filing an application with the authorized bodies. But if the garage is located in a box, the conditions will be slightly different; citizens will need to formalize the right of collective ownership.

It is also important to know that it may additionally be necessary to privatize the land separately, but not the one located directly under the garage, since the lands are indivisible.

Methods

There are several ways on which you can organize the re-registration of a garage, these include:

1. Conclusion of a sales agreement.
2. Mena.
3. Transmission by inheritance.
4. Giving.

Each method must be considered separately - this will allow you to choose the most optimal option.

Contract of sale

Drawing up a sales agreement is one of the most common ways to answer the question of how to remodel a garage.

The current legislation provides for two forms of its preparation:

• written, certified by a notary;
• simple written.

The notarial form is an agreement drawn up by a specialist from the notary office, and it is additionally certified by a notary.

To compile it, you will need to collect a package of documents, most of which have a limited validity period.

One copy of the documents remains in the custody of the notary, and the other two are issued to the participants in the existing legal relationship.

The second method is in writing; the seller is directly involved in drawing up such an agreement. This does not require collecting special papers - it is enough to attach to it a mandatory list of documents describing the participants in the legal relationship and the essence of the transaction itself.

It has been noted in practice that contracts drawn up in simple written form are rarely registered with Rosreestr.

To avoid problems in the future, it is recommended to entrust the preparation of the document to a specialist.

The next step when selling a garage is to compile a set of documents necessary for the transaction:

• passports of both parties;
• cadastral and technical documents for the facility;
• consent of the buyer’s spouse to the alienation of property;
• title documents and certificate of ownership.

Here is a sample garage sale agreement.

Calculation in accordance with the contract can occur in various ways:

1. Concluding a locker rental agreement with a banking organization. Money is placed in it until registration, and upon presentation of the contract, the buyer takes it.
2. Transfer of money before the registration procedure (if the relationship between the parties is based on mutual trust).

Registration of an agreement is a mandatory step in the transaction, for which you will need to visit Rosreestr.

At this procedure, instead of the purchase and sale participants, their proxies may be present (in this case, they must have a power of attorney and a civil passport in their hands).

Here is a sample certificate of acceptance and transfer of a garage under a purchase and sale agreement.

Donation

If the chosen method of transferring the garage to another owner is a donation, then all of the above conditions are met, as with the sale agreement.

Here you can sign a garage donation agreement.

However, there are several features:

• the parties are called the donor and the donee;
• there is no transfer of funds;
• not a contract is drawn up, but a deed of gift;
• The terms of the deed of gift are not discussed by the parties to the legal relationship; they are formed by the donor.

Documents for registering ownership of a garage should be submitted to Rosreestr.

How to issue a deed of gift for a garage? Read.

Mena

Exchange is a way of re-registering a garage, the essence of which is the exchange of objects between two owners. It, like any other transaction entailing rights and obligations, must be carried out in accordance with current legislation.

The package of documents will be the same as before; it will be collected in duplicate - one for each building. The registration procedure in Rosreestr does not change.

Typically, an exchange agreement does not provide for the return of a sum of money. The exception is situations where unequal exchange occurs.

Then the agreement specifies the amount of monetary compensation, and the parties themselves determine how the transfer of funds will take place - by contacting a banking organization or “cash”.

Inheritance

If the garage was inherited, then the package of documents will need to be accompanied by a will certified by a notary, as well as a decision to enter into inheritance rights.

Naturally, funds are not transferred, and ownership of the object must also be registered with the state.