Buying a garage documents - 617 tips from lawyers and lawyers

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.

Contract of sale

In the modern world, a car is no longer a luxury, but a convenient means of transportation. Today, almost every family has a car, and perhaps even more than one. And with the increase in the number of vehicles, the obvious question arises: “where to store it.”

If you want to protect your car from theft, any damage caused by hooligans, or weather conditions, you should always have a personal parking space that will never be taken. You should think about purchasing or renting a garage.

What you should pay attention to when choosing a garage:

The first thing you should pay attention to when choosing a garage is its location. The garage should be located near the house or near public transport stops.
If you plan to store your car in the garage during the winter, you should give preference to an unheated garage. When there is a sharp change in temperature (from a frost to a warm room), condensation accumulates on the car and the car rots faster.
Is there security? In a garage construction cooperative, the perimeter must be closed and have 1-2 entrances. Otherwise there will be a walk-through yard.
Pay attention to the width of the passage, the wider the better. Ideally, the width of two cars, so that it is convenient to separate.
Also answer the question for yourself: “Do you plan to repair your car yourself or store food supplies in the garage.” Based on the answer, decide whether you need an inspection hole or a cellar.

Scheme of an inspection pit in the garage

Inspection hole. There should be no traces of standing water on the walls of the pit. The pit must have ventilation; if the pit is not ventilated, then all the dampness will condense on the bottom of your car, and it will rot. Ideally, if the entrance to the pit is located on the side, this is convenient when a car is parked above the pit.
The cellar must be insulated, at least the ceiling and walls that are in contact with the cold pit are insulated. There must be ventilation. It is also worth paying attention to whether there are traces of standing water on the walls.
The size of the garage should be 1.5-2 times the size of your car. If you plan to use the garage as a mini workshop, then it is better to increase the size of the garage to 2-2.5 times the size of your car.
Electricity. If you choose a garage with electricity, check the functionality of all sockets and switches, the presence of a separate panel, and the presence of metering devices. All sockets and switches must be located at least a meter from the ground. When purchasing a garage at GSK, we advise you to talk to your neighbors in the garage and find out if there are any power outages.
Ventilation. The presence of ventilation provides an influx of fresh air into the garage when the gate is closed.
Garage doors must be metal and not rusty. Anti-removal elements must be installed on them. Otherwise, if the hinges are cut, the gate will simply fall.

Garage door diagram

The bottom of the gate should be above road level. If this slope is not there, then water will accumulate at the gate, which will freeze in winter and the gate will not open.
Pay attention to the presence of a gate in the fence. It will provide easy access to the garage when it snows in winter.
The gate must have two locks with different mechanisms.
There should be no leaks on the roof and ceiling joints.
When choosing a garage in a multi-level parking lot, it is preferable to choose a garage on the top level. Often garages on the lower levels are flooded and there are problems with ventilation.

After you decide on the chosen garage, all that remains is to document the transaction.

Some tips before making a deal:

Buy a garage directly from the owner.
Check the garage area with the one indicated in the advertisement. If the area in the ad is overstated, then this is a reason for bargaining.
Buy only privatized garages. Even if the owner claims that it is easy and simple to do, do not believe him. For example, the presence of a city sewerage system near the GSK will make the privatization process impossible, and if this sewerage system is repaired, this garage may even be demolished.
Check with the chairman of the GSK whether the owner of the garage has any debts.
The garage purchase and sale agreement must be drawn up in three copies. One copy for the buyer, the second for the seller, the third copy for the registration chamber.
Be sure to register the agreement with the Companies House.

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.

Ownership verification

However, even before drawing up a purchase and sale agreement, the buyer should make sure that the selling party has ownership rights to this property , otherwise he will either waste his time or simply end up with nothing.

Ownership of a garage building is confirmed by a certificate issued by Rosreestr or a BTI certificate (if issued before 1988).

If the seller does not have such a document, then it is necessary to create one.

In the event that this garage is located in a garage cooperative, to obtain a certificate of ownership you will need:

passport and membership card;
a certificate of full payment of the share, issued by the chairman of the garage cooperative;
cadastral passport for the garage, issued at the Cadastral Chamber;
paid state duty for registration of rights.

If the garage is located on an area allocated for individual construction or personal farming, then you will need:

declaration of the object (filled out in the prescribed form);
a document confirming that the land plot on which the garage is built can be used for this purpose (usually a certificate of ownership , lease agreement, etc.);
receipt of payment of state duty.

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.

The question of land ownership

A garage-building cooperative is a form of socialist public property; most likely, the land under it remains state or municipal; it’s good if at least a perpetual lease is issued, which, by the way, local authorities can terminate in court if they wish. Garage owners who truly care about their well-being convene a general meeting to adopt a new charter and a decision on registering a real estate owners' partnership (TSN), moving away from the dubious format of the GSK, after which they engage in land allotment and registration of land ownership.

This is ideal. It costs money and requires a lot of time and organizational effort. Few people dare. The garage has been standing for decades, and will continue to stand, but as alienation and the desire to sell begin, problems appear one after another.

Inheritance, donation, exchange, buying a garage in a cooperative - these are complex transactions in which you can be left without money and without property. What should a thoughtful buyer do? Improve your legal literacy.

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.