Documents when purchasing a garage 2020

You can buy and sell anything, including a garage.

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Purchasing a cooperative garage has some features that it is better to know about before signing any questionable documents.

Many mistakes in completing a transaction for the purchase and sale of a garage are associated with ignorance of the law, so you should not neglect the services of good lawyers in the field of real estate.

Buying a garage at GSK

What do you need to know when buying a garage from a garage cooperative? You should know:

What kind of land is the garage on, municipal or private?
Is the garage registered as real estate or is it a self-construction?

If the buyer discovers that the garage is not registered in the Unified State Register, then he may refuse to purchase.

The land plot under garages in a cooperative is very often not owned, but in long-term lease, which is quite risky, because... upon expiration of the lease agreement, the municipality may not renew the lease agreement and sell the land for the development of another facility.

In this case, all buildings on municipal land will be demolished.

According to the membership book

The GSK membership book is a document confirming membership in the cooperative.

If the garage is not privatized, then on the basis of the book you can register the garage as your property absolutely free of charge.

When purchasing a garage in a cooperative, the buyer will also be required to write an application to join the cooperative and a membership book will be issued in his name.

The garage seller, after completing the purchase and sale process, must hand over his book to the manager of the cooperative, after which he is automatically excluded from the membership of the GSK.

If there are no documents

If there is a certain cooperative on the territory of which garages are located, but when asking for any documents about the GSK or about the land on which the buildings stand, the chairman only shrugs his hands and says that there are no documents, then this is probably a frivolous fraudulent structure.

There is no point in buying anything from such a cooperative.

Is it possible to take out a loan against a garage? How to register a garage without documents as property? Find out here.

When a garage owner, trying to privatize an object, discovers that the chairman does not have any papers on the GSK, he can invite other owners of buildings in this territory to write applications for privatization, as well as file a lawsuit to solve this problem.

Problems with the ground

Problems with the ground under the garage may include the following:

The land is not intended for individual housing estates, private household plots or SNT.
The site is not owned. The right of use is specified in the lease agreement.

The risk of buying a garage on land that is not owned is great due to the fact that after the land use agreement expires, the municipal authorities may not renew it, and then all objects will have to be demolished.

Privatization of land plots under buildings registered as property is free of charge until 2020.

General information

Before purchasing a garage, you should take into account all the features of this transaction. For the buyer, the most important thing in this case is that the seller has ownership rights to the property. That is, it must be private property. Of course, buying a garage in a cooperative implies that the owner has the appropriate membership book. But this document does not give the right to a garage.

And if the seller did not have time or was unable to register ownership of the garage, then he will not be able to sell it. In practice, when buying a garage, the future owner turns a blind eye to the lack of title papers. He receives only a GSK membership book in his name, but does not become the owner of the property.

How to apply

The entire process of buying and selling a garage at GSK can be represented as the following algorithm:

The buyer is obliged to check the availability of documents for the object. If the property is not registered as a property, then this is what needs to be done first.
Find out whether the land on which the garage is located is owned or leased; if the cooperative uses the land plot on the basis of a lease agreement, then it makes sense to convene a meeting of members of the GSK and propose to privatize the land in order to reduce the risks associated with the need to extend the lease agreement.
Order a technical passport for the garage and a cadastral plan for the land from the BTI.
Find a buyer. If the demand for construction is quite large, then a tender can be organized.
During the bidding, a preliminary agreement for the purchase and sale of a garage is prepared, from the text of which it will be clear which of the buyers is ready to offer a higher price.
When a single buyer has been identified, you can receive a deposit and begin drawing up the main sales agreement. The signed document will be the basis for re-registration of property rights in Rosreestr. After a change of ownership, the former owner receives the remaining value of the sold garage.

What documents are needed

In order for the purchase of a garage at GSK to take place within the framework of the law, you will need to collect the following documents and complete their execution:

Preliminary purchase and sale agreement.
Technical plan for the garage and cadastral passport of the land under the garage.
Certificate of ownership of the garage or a recent extract from the Unified State Register of Real Estate.
Consent from the seller's spouse to sell real estate.
Checks, receipts or other payment documents that can confirm payment of the state fee.
The act of transferring an object to a new owner.

Conclusion of an agreement

The purchase and sale agreement must be drawn up according to the following rules:

The document is drawn up in triplicate in writing.
It is recommended to hire an experienced lawyer to draft it.
The text of the agreement must indicate all information about the transaction (parties to the agreement, subject matter, price, duties, rights, responsibilities, etc.).
The agreement must be signed by the parties themselves; for greater guarantee, this process can be carried out in the presence of a notary. The procedure for notarization of documents is not free, but it ensures hassle-free and quick consideration of documents in Rosreestr.
After signing the agreement, the parties have thirty days to submit documents to the registration chamber.
Re-registration of property rights is carried out within two weeks.

A sample of a standard agreement for the sale and purchase of a garage in GSK can be requested from a lawyer at the initial consultation.

Property registration

Rosreestr will need to provide not only the signed purchase and sale agreements, but also all the papers that were prepared for the sale.

When the object of the transaction is a garage from GSK, then you will also need to provide documents about the cooperative.

After the submitted documents are reviewed by the reg. Chamber, the new owner will be given an extract from the unified state real estate register.

Pitfalls and risks

There are some nuances that you need to pay close attention to when choosing a garage to buy:

The seller is selling the property for ridiculous amounts of money. The seller may justify such an action by saying that it is necessary to move urgently or that money is urgently needed for treatment. You shouldn't take everyone's word for it. It is better to double-check the documents for the object and the land on which it stands. Because Very often they try to sell a self-built building cheaper, which will soon need to be demolished.
For real estate transactions, it is always best to seek legal advice. A lawyer will be able to check the authenticity of the papers provided by the seller, point out errors and options for correction, and help in drawing up a purchase and sale agreement.
Find out whether the seller owes the cooperative money; if the citizen selling the garage did not pay membership fees to the cooperative, his debts may be assigned to the new owner of the property.

Privatization

For the transaction to be legal, the buyer must demand that the seller privatize the property in the garage cooperative. And he needs to complete the paperwork. To register a garage in GSK in his name, the seller must submit the following papers:

passport,

a certificate stating that the share has been repaid in full,
cadastral passport,
certificate of payment of state duty.

Ownership rights are registered in Rosreestr. After receiving the relevant document, the parties can enter into a deal. It’s another matter if not a single garage in this cooperative has been privatized. Then the question arises about what additional documents may be required.

From physical the registration authority will request:

Charter of the cooperative,

extract from the tax office,
decision on choosing a chairman,
building permit,
permission to use land,
documents certifying the commissioning of these facilities.

After submitting all the necessary papers and receiving a certificate of ownership, the garage will be ready for sale.

Deadlines and state fees

Purchasing a garage can take from 2-3 weeks to six months. Everything will depend on:

Availability of papers for the object and land.
Legality of the actions of the cooperative.
It depends on how quickly the seller collects the papers required for the transaction.
Will there be an auction, and how long will it take the seller to choose a buyer?
Whether the submitted papers will be checked quickly or slowly by Rosreestr.
Will any violations in the documents be detected when they are checked by Rosreestr?
Will the sale and purchase case go to court?

In order to organize a transaction to re-register ownership of a garage as quickly as possible, you need to seek help from lawyers and have all documents certified in the presence of a notary.

How to draw up a garage donation agreement between close relatives? Do pensioners pay garage tax? Find out here.

How to purchase a plot of land from the administration for a garage? Read on.

To re-register rights to real estate, you must also pay a state fee in the amount of two thousand rubles . If the fact of payment of the duty is not proven, the documents in the reg. the chamber will not be accepted.

Documents required for the purchase and sale of a garage

It is very important to clearly understand what documents are needed when purchasing a garage in accordance with the civil code of the Russian Federation, since only their presence in full compliance with the rules guarantees the legality of the transaction. The list of documents and the process of transferring property rights is regulated in Articles 551 and 549 of the Civil Code, and the transfer process is registered in the Unified State Register service.

The abbreviation EGRP means the Unified State Register of Rights, in which the owners of property and transactions with it are registered.

The list of documents when purchasing a garage must correspond to the list below:

The purchase and sale agreement itself, which must be drawn up in triplicate. One copy for each participant in the transaction and one copy remains with the Unified State Register authorities.
The deed of transfer of property, which serves as an addition to the agreement and is also prepared in triplicate. This act records the process of transferring the building itself, where the seller signs the transfer of the building, and the buyer signs the acceptance.
Certificate of ownership of the garage premises (see Registration of garage ownership according to the law).
A document that must record on what basis the seller received ownership of the garage. This could be a deed of gift, a document of purchase and sale from the previous owner, or permission to build a garage by its owner.
Technical passport for the garage, which is accompanied by a photo of the structure and all its technical characteristics are indicated.

Important. In the list of what documents must be present when purchasing a garage, a technical passport is not required. However, in order to speed up the process, it is necessary to attach a copy of it to the documents submitted for registration and it is advisable to study the passport in detail yourself.

A certificate from the BTI, which will indicate the inventory value of the garage building. This certificate is valid only for two months after its issuance, and during this time you need to have time to complete everything.
If the garage is family property and was acquired during marriage, then written permission from the spouse is required to sell the common property.
A receipt confirming payment of the state duty upon completion of the transaction.

Important. When deciding what documents are needed to purchase a garage, it is necessary to take into account the specifics of ownership. If the garage is installed on a separate plot, then an additional agreement on the right to own the plot is required. If the garage is owned by a cooperative, then a certificate from the administration is required stating that the seller is a member of the cooperative and the garage belongs to him.

When examining the garage documents when purchasing, pay attention to the number of owners of the garage and their age. If there are several owners, the seller must have permission to sell from all co-owners, certified by a notary.

If one of the owners is a minor, then a certificate from the district or city administration authorizing the sale of the garage will be required.

If the garage is part of the GSK

Example of a technical passport with location reference

You can often come across the question: what documents are needed to purchase a garage if it is part of the GSK cooperative.

In this case, a list of additional documentation will be required, such as:

Constituent documentation of the garage cooperative in the form of copies with all current additions.
A document confirming the presence of the cooperative in the state register and a list of its co-owners.
Act of the general meeting of the cooperative with the decision to appoint the chairman of the cooperative.
Permitting documentation from EGSC , confirming the fact of allocation of a land plot for the construction of capital buildings of the cooperative.

For your information. At the time of registration of the sale and purchase, each participant in the event must have a passport with him. No other identification documents are suitable in this case.

It is important to remember that paperwork when purchasing a garage requires payment of income tax, which currently amounts to 13% of the cost of construction. Often the price of a garage in the contract is deliberately underestimated in order to pay a smaller amount to the state budget.

However, this fact is a gross violation of Articles 424 and 555 of the Civil Code of the Russian Federation, since they prescribe that the cost of the building must correspond to the average market value of a similar structure.

Nuances

When buying a garage, you need to pay attention to all the little things.

For example, a transaction for the purchase of a garage from an incompetent, drug-addicted seller may be invalidated.
Or if the garage is the property of several citizens, then the party whose rights were not taken into account during the re-registration can challenge the transaction.
Buying a garage from a private person is possible on credit. The payment process must be reflected in the text of the purchase and sale agreement. And for each fact of making a loan payment, a receipt must be issued.

What you need to know when buying a garage

Very often, buyers enter into unrecorded agreements with garage sellers, hoping to hide some aspects of the transaction or significantly reduce paperwork costs. This sometimes leads to dire consequences as a result of fraudulent actions or simply due to illiteracy.

When conducting such a transaction, it is very important to know what documents are needed to purchase a garage on both sides, and strictly follow the instructions, only in this case the transaction will be guaranteed to be legal and will not lead to unpleasant consequences.

Buying a self-built building

Self-built garages are also called air garages, which means the independent construction of a premises that must be removed at the first and completely legal request of the state, while the dismantling of the structure is carried out at the expense of the owner. Of course, the cost of such a garage will be significantly lower than the market price, which is what captivates many future owners.

However, the lack of appropriate documentation can lead to loss of property and the only option is to appeal to the courts, which can rule in your favor with the right to purchase land with construction.

Important. In order to obtain a complete list of documents for the purchase of a self-built garage, the primary owner must go to court and register his ownership of the land and building, after which he can legally carry out the purchase and sale transaction without consequences.

Purchase under an investment agreement

Very often you can find so-called investment projects of a garage cooperative, where future owners make contributions for which the construction company builds garages. It is very important here not to confuse investment in construction with the purchase of a garage, since, according to the law, you can only buy a finished product with a technical passport.

Before making such an investment, you must carefully study the documents necessary to purchase a garage with a competent lawyer, namely:

Study the investment agreement. It must clearly indicate the construction timeframe. Typically, the most important aspects of a contract that can influence your decision are hidden away from the front pages and encrypted in complex legal terms.
Make sure you have a lease agreement for the land on which construction will take place.
Find out which construction company will carry out the work and whether there is a cooperation agreement with it.

When accepting the finished garage, along with the documents for the building, you must also be given documents for the land plot.

From this article, you learned what actions you need to take when buying a garage, what documents you should have and what you should pay attention to in order to avoid troubles. In conclusion, we recommend that you study the video attached below.

Buying a garage from the owner in 2020

How to purchase a garage from a private person and are there any risks in purchasing space for a car in this case?

If the garage seller has a certificate of state registration of ownership of the building, then the transaction process consists of 3 steps:

Step 1. Checking the garage, owner and documents for the object

To ensure that the seller is the legal owner of a particular garage, you must obtain the following documents:

Extract from the Unified State Register (this can be done at the MFC, a division of Rosreestr or on the Rosreestr website. The service is free. The buyer can order the extract. The presence of the seller or his approval is not required to order the extract).
A document that confirms the right to common shared ownership of the land plot on which the garage is located. The document must be issued by the garage seller. This document confirms ownership of the land.
A document confirming the provision of the land plot on which the garage cooperative is located for its intended use. The presence of this document is proof that the land is intended specifically for garages.

As a rule, the owner of the garage has the second and third documents . But if he lost them somewhere or doesn’t know where they went, then these papers can be taken from the garage cooperative.

In addition to the above documents, a potential buyer of a garage will also need title documents (papers on the basis of which the seller received ownership of the garage). This could be a purchase and sale agreement, a court decision recognizing ownership rights, etc.

Here's what you need to pay attention to in the title document:

the seller had to personally conclude and sign the contract;
There must be confirmation on what basis the previous seller owned the garage.

The buyer must also ask the seller to provide him with a deed of transfer for the garage . It must indicate that the buyer has fully paid the seller, and he has no claims to the transaction.

Also, for the purity of the transaction, the buyer of the garage must request from the seller a certificate of no debt for utilities. Such a document can be issued by the chairman of the garage cooperative or the management company.

If the contract for the provision of services was signed directly with the providers of these services, then a certificate of no debt can be obtained from the service authorities.

If at the time of the sale of the garage the seller was married, then you need to take his wife’s written consent to sell the garage (the consent must be certified by a notary).

Copies should be made of all collected documents.

Step 2. Conclusion of an agreement

When the issue with the documents is resolved, the potential buyer will no longer have doubts about the purity of the transaction, then the time comes to draw up a purchase and sale agreement. How to draw up a contract correctly, what information should be contained in it?

The contract is drawn up in writing and must include the following items:

date and place of conclusion of the transaction (city of execution of the contract);
names of the parties (full name of the buyer and seller, passport details and place of registration of each party);
the name of the property and its location - the address of the garage, its number, area, the material from which the garage was built, etc. (there is a two-level garage, then this is also worth writing about, the presence of electricity, heating, cellar, pit, basement, etc.) d.). It is also advisable to indicate the condition of the garage at the time of its sale, as well as other property that is transferred to the buyer along with the garage (equipment, materials, tools, etc.);
contract price. It must be real, that is, the one by which the buyer actually purchases a garage. Many sellers use tricks to avoid paying taxes: they underestimate the cost of garages, but in fact buyers pay a larger amount. It is not worth taking such a risk, because if any problems arise and the situation is brought to court, the seller can return his garage back, and the money back to the seller. But he will return only the amount specified in the contract;
information about the title documents for the garage - data from the previous purchase and sale agreement, court decision, certificate of membership in the GSK;
liability of the parties;
details and signatures of the parties to the transaction.

Step 3. Registration of transfer of ownership

After the contract is concluded, the buyer must register ownership of the property with Rosreestr. Documents can be submitted in person to the Rosreestr office, as well as through the MFC, or sent by mail.

To register the transfer of ownership of the garage, the following documents will be required:

statement;
the applicant's civil passport;
receipt of payment of state duty;
other documents as required by the registration authority.

The term for providing the service is usually 5-7 working days from the moment the application is registered and the registration authority receives the documents for work.

The result of consideration of the applicant's application will be the issuance of a document, which will indicate the transfer of ownership or refusal to transfer ownership (if everything is not in order with the documents).

Garage for sale. What documents are needed to draw up a draft agreement?

The execution of the transaction begins with the preparation of a draft agreement. It contains information about the object being sold, its value, as well as all other conditions on which an agreement has been reached between the parties. Therefore, to prepare a draft agreement for the sale of a garage, you will definitely need documents containing this information.

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Thus, you can begin to draw up a draft agreement if you have the following package of documents:

passports of the seller and buyer;
a certificate confirming ownership of the garage (until 1998, the Rosreestr service did not exist; instead of such a certificate, a certificate was issued at the BTI);
documents on the basis of which the seller has the right of ownership (agreements of exchange, donation, sale, certificate of inheritance rights, judicial act, etc.);
cadastral passport for the garage;
documents on the rights to the site on which the building is located (certificate of ownership, lease agreement, etc.).

Sometimes other documents may be required:

representative’s passport and notarized power of attorney (if the transaction is carried out by representatives of the parties);
birth certificate, passport of a teenager over 14 years old and passport of one of the parents (if the seller or buyer is a minor);
permission from the guardianship authority to sell real estate (if the owner of the entire garage or part of it is a child).