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.
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.
Garage renovation
Like any other real estate, a garage must be privately owned.
Registration of the right depends on whether it is an independent individual building or located in a cooperative, whether the land under it is registered as ownership or not. This is where all the nuances of completing a transaction arise.
In addition, the package of documents that must be submitted to the registration authority depends on this.
Video: decorating a garage is not difficult
In a cooperative (GSK)
In the 90s of the last century, when the transition to a market economy began, garage cooperatives began to grow “like mushrooms.”
People were determined to invest in their future self-built properties.
The essence of the cooperative was that citizens who wanted to have their own garage paid an entrance fee, and then bought it with their labor (and a little money). But not all GSKs are built on legally acquired plots of land.
Some of them, unfortunately, are unauthorized construction, that is, illegal buildings.
Today, a garage cooperative is a non-profit organization that is an association of car owners.
They independently resolve issues of the cooperative, accept or exclude new members, and resolve issues with local authorities.
As a rule, GSKs are located on land leased for a long time from local authorities.
Therefore, the owners of garages in cooperatives do not have ownership rights to the plot under them, since it is in state ownership.
Ownership of land under the GSK can only be registered through privatization. Then the cost of the box will increase by the amount of the cost of the plot of land that is occupied by a separate facility.
But the owner of a motorhome, after privatization, does not own a specific piece of land that has boundaries, but a certain part of it.
That is, the entire plot of land under the GSK is in shared ownership of all members, and each owner owns a plot of land proportional to the area of its building.
From this we can conclude that a cooperative is the most optimal way to store cars in a populated area. And if we are talking about a large city, then an underground garage is the solution!
As an individual building
Now, of course, it is rare, but a garage can be a separate building, which is maintained by the owner himself. It can be built on your own plot of land.
Such buildings are typical for residential areas with a small population and private houses, where citizens can afford to build a separate building for storing a car and other valuables.
Like any other building, it must be registered. And for this it must be registered with the cadastral register.
Therefore, before erecting a new building on your site, it is necessary to invite a cadastral engineer who will tell you exactly where construction can begin, in accordance with cadastral regulations.
You also need to invite a designer to develop a project for the future garage. This will make it much easier to coordinate the construction with local authorities.
Owned by another person
If the object is already private property, then it can easily be re-registered to another person in any legal way.
These methods include:
- Giving.
- Buying and selling.
To do this, it is necessary to draw up an agreement and sign it by both parties to the transaction. A donation is a transfer of property rights free of charge.
You can give it as a gift to either a close relative or a stranger. This will only affect the taxability of the gift.
The garage can also be sold. To do this, you also need to draw up an agreement and then sign it.
In both cases, before signing the agreement, both parties must prepare documents for the transaction.
The buyer only needs a passport, and the seller must collect a whole package of documents.
It includes:
All these nuances are specified in the contract. For example, it often happens that property in a cooperative is sold “for debts.”
For example, a garage seller is in arrears on membership and target fees. He cannot pay off this debt. But he can sell it! So he sells it for the amount he owes.
Such moments must be recorded. The nuances of re-registration of rights depend on them.
Once all the documents have been collected and the agreement has been signed by both parties, the transaction can be registered.
The law obliges to register a transaction of donation of property, but the sale is not necessary.
Based on an agreement (donation or sale), ownership will be registered. Now they no longer issue a certificate of ownership. It was replaced by an extract from the Unified State Register.
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.
How much does it cost to remodel a garage?
The cost of registering ownership of a garage depends on the availability of a complete set of documents. So, if you have the following documents, it will only be equal to the amount of the state registration fee:
- Constituent documents of GSK,
- Unified State Register of Legal Entities and Taxpayer Identification Number for the cooperative,
- Act on the provision of a plot of land for the construction of a building (permission to build a garage),
- The act of putting boxes into operation (recognizing them as suitable for storing cars),
- Protocol of election or appointment of the governing body,
- The decision of the meeting of members of the GSK on the distribution of land plots and on the registration of ownership rights to them.
In the absence of confirmed land ownership, the cost of re-registering a garage to another may increase by the cost of cadastral work and notarization of individual documents.
When ownership is confirmed, it is sufficient to submit the following documents to the registration authority:
- Application in the prescribed form,
- Receipt confirming payment of the duty to the budget,
- The document on the basis of which the garage was purchased,
- Passports of the parties to the transaction,
- Notarized consent of the spouses to purchase property, if one of the participants is married,
- If there are other owners of the building, permission from them for the transaction will be required,
- Contract of purchase and sale of real estate,
- A cadastral plan, which should indicate the location of the garage, display the boundaries of the land plot, the dimensions of the garage and the plot.
When answering the question of how to properly re-register a garage, you must first draw up a contract correctly. It should describe the subject of the transaction, the rights and obligations of the parties, and most importantly, the procedure for settlements and actions if the owner of the building has debts on taxes or for membership in the cooperative. There are also peculiarities when registering boxing as common property of spouses. In such a situation, a notarized consent of each of them will be required. The acquisition of real estate by inheritance is common and does not differ from the procedure for obtaining rights to other property.
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.
Things to consider
Many questions arise regarding garages located in a cooperative, provided that there are no documents regarding ownership. When the garage is re-registered to the new owner, certain conditions will need to be met, otherwise the transaction will be considered invalid:
- In order to transfer property to another person, you must have ownership rights to the building. Only if this requirement is met can the transaction be carried out in accordance with the standards established by law.
- The building must be located on a plot of land specifically designated for this purpose. That is, if the purpose is farming or other purposes, then a building cannot be erected on it.
It is worth noting that it is possible to re-register the category of purpose of the land plot. This is possible when the building is located in a garage cooperative, then when the owner changes, you can submit documents to change the purpose of the land. In addition, when there is a change of owner through a sale or purchase transaction or donation. If the rights regarding the inheritance were obtained through a notary office. The same rule applies to cases where there is an allocation of a share in the property that spouses acquired during marriage. Moreover, this action is possible both during the marriage and during the divorce.
When the building is registered as a property, while the land plot belongs to the right of ownership (indefinite) or a lease agreement is concluded, the owner has the opportunity to apply to the municipal authority for land acquisition. The administration reviews papers within one month from the date of submission.
As a result, a positive decision or a refusal may be made. It must be justified. The measure under consideration is primarily important for those who own a garage, since if the building is seized by state or municipal authorities, the owner will not receive compensation payments, since the land does not belong to him.
