The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds.
- The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income.
What information is contained in the contract?
Nowadays, a purchase and sale agreement can be drawn up in writing, without notarization, according to Art.
And if they change their mind, they can either be forced to fulfill the conditions through the court, or a fine can be demanded from them.
You can do without a preliminary agreement in the following cases:
- If the garage is movable property.
- If the buyer is ready to transfer money to the seller immediately, and the transaction is not extended over time.
Why do you need a preliminary real estate purchase and sale agreement?
But if you decide to draw up a preliminary agreement, you need to draw it up in writing. In it, indicate the full details of the seller and the buyer, the subject of the contract - a garage, and other conditions that both parties consider significant. This may be the price of the garage, terms of transfer, payment procedure, responsibility of the parties for failure to fulfill the terms of the preliminary agreement.
pp. 2, 3 tbsp.
How much does it cost to open a garage?
Advice from lawyers:
1. How much will it cost to register ownership of the land under the garage.
1.1. - Hello, how much does it cost you? And the city administration will answer this question. Best wishes.
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1.2. Hello Julia. To answer your question, you should know what documents you have for the garage.
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2. How much does it cost to register a garage as a property if there are no documents?
2.1. Hello! There is no clear answer to this question. And it’s not a matter of price - it may be that it’s completely impossible to register as property. You need to know all the circumstances of your question.
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2.2. Hello, Raisa Zinurovna. To answer your question, you should know all the circumstances of your case, what documents you have on hand regarding the garage. To resolve your issue, it is better for you to contact a lawyer in your city in person.
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3. How much does it cost to register a deed of gift for a garage with a notary?
3.1. Dear Irina Gennadievna, Blagoveshchensk! The law does NOT require MANDATORY notarization of the Garage Donation Agreement, therefore, after the parties have signed the Donation Agreement, it is necessary to apply to the Rosreestr of the subject of the Russian Federation with the gift agreement for state registration of the transfer of ownership from the donor to the donee. In this case, the following will be required in the Rosreestr of the subject of the Russian Federation (Article 572 of the Civil Code of the Russian Federation): - the presence of the DONOR and the DONED with passports; - title documents for the apartment: a) Certificate of ownership; b) Cadastral, Technical passport for the garage, etc.; -A certificate from the Federal Tax Service of the Russian Federation confirming that there are no tax arrears for this garage, etc. At the same time, your expenses will consist only of paying the state duty for the state registration of the transfer of ownership of the garage in Rosreestr. I wish you success Vladimir Nikolaevich Ufa 05/20/2015
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4. You need to register the garage as your property. The land is allocated to the cooperative. There are no documents, there is a construction permit issued by the city and there is a certificate from the chairman that I have paid everything. I want land surveying, a pink certificate, and probably those. You need a passport for the garage. How much will your services cost?
4.1. Questions regarding payment for services should be discussed with a specific lawyer. It is advisable for you to contact a lawyer where you live. If you agree to work remotely, you will receive documents by mail and consultations on the website.
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4.2. Hello, do you have a detached garage, or box no.. as part of the building?
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5. I want to buy a garage, but the owner only has an old certificate for the construction of this garage. How much does it cost to register properly and is it possible?
5.1. Hello, first let the seller register his ownership in accordance with the procedure established by law. Without this, he cannot sell you a garage. Good luck and all the best.
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5.2. Good afternoon First, the seller needs to obtain ownership rights; the documents that he has in his hands are not enough to sell, so for now this is his problem, I don’t advise you to just buy until the ownership rights are properly registered.
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6. I have a question: we bought a car in January, signed a sales contract, but the car was not immediately registered with the traffic police, because... they didn’t use it, it was in the garage, now they decided to register it (in June), as far as I know, a fine is issued if you don’t park the car within 10 days, and if 90 days pass, then there will be no fine. Is this true?
6.1. Hello No, it’s not true about 90 days, if you are overdue by 10 days there will definitely be a fine. Thank you for your visit to our website, good luck to you and all the best. Please contact us again.
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7. I want to buy a small non-mobile garage, but it is without documents. How to register ownership of a building, where to start and where to go and how much will it cost? Do you need to register ownership of the land on which it stands?
7.1. First, you need to register the land for rent or ownership, if the Seller has not formalized this, and if this issue is resolved positively, you can also buy the garage, otherwise it will be recognized as an unauthorized construction and they will force you to demolish it at your expense without compensation for the costs of its purchase.
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8. (Nizhny Tagil) They offer to buy a garage, which is not privatized and is located on the territory of a cooperative. (The garages are partially privatized in the cooperative. The land is owned by the city) The owner of the garage suffered a stroke. The owner’s wife offers to issue a general power of attorney for me and register the garage in her name. How to properly design such a garage? What is the algorithm of actions? How much will it cost and how long will it take before I receive ownership of the garage?
8.1. The right to a garage in a cooperative arises on the basis of membership in the cooperative, or if the garage is purchased entirely by its owner. Request an extract from Rosreestr for whom the alienated box is registered, if the owner is the wife who does not have the right to issue you a power of attorney.
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8.2. You need to contact a realtor. Too many questions and not enough initial data.
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9. I had this situation - my husband died, and the garage was for 2 owners - one owner has 4/5 shares of the garage, and the husband has 1/5 share. I inherited my husband's share (4/5) and my daughter (1/5). Can my daughter draw up an agreement to donate her 1/5 share to me through the MFC and how much will it cost? Or only through a notary?
9.1. Good day! Everything is done through a notary.
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10. My name is Olga. My sister wants to give me a garage. How to draw up a gift deed and how much will it cost? Thank you.
10.1. The gift agreement must be drawn up in accordance with the law on registration of rights to real estate. Write in a personal message, let's discuss!
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11. I want to buy the land next to the garage. Now the land is leased, the garage is decorated. How much is it?
11.1. Hello! Depending on the cost of the land. Check with the land owner.
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11.2. First of all, find out whether it is possible to re-register from rental status...
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12. How much does it cost to register a deed of gift for a garage with a notary and what tax does it cost to pay.
12.1. Hello! At the rates of the local notary. 2-3 tr. Good luck to you.
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13. I do car repairs in my garage... painting, mechanics, etc. not registered anywhere .. there are no documents for this .. I’m officially standing at the stock exchange (employment center) the question is, how much will the fine be if they come from the tax office or the police?! and what is better to register as an individual entrepreneur or LLC?! and what is the tax and what will be needed for this?! what package of documents? In general, everything about this, if possible in more detail!) Thanks in advance!
13.1. Register an individual entrepreneur with a simplified taxation system of 6% of income + contributions to the pension fund. You need an application to the tax office with the type of activity and a passport.
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14. How to properly draw up a deed of gift for my son (owned garage), if we are in different cities, and approximately how much it will cost, my son is an adult. Thanks for the answer.
14.1. A deed of gift is drawn up in most cases when it is necessary to transfer ownership rights to property or property to one of the close relatives. You will need - a receipt for payment of the state fee for state registration of the gift agreement; — if you need notarization, then the services of a notary; — identification documents of the participants in the gift agreement; — gift agreement; - cadastral plan of the apartment, which can be obtained from the BTI; — documents confirming the Donor’s ownership; — consent of all interested people; — certificate of inventory assessment (issued by the BTI). The donor must provide the following documents for state registration of the deed of gift: a certificate of state registration of rights to the object to be donated, identity cards of all participants in the process, the donation agreement itself, a cadastral plan, written consent of relatives or other persons, title documents for property, an inventory assessment of the object of donation, a certificate from the housing and communal services about the number of persons registered in the premises, a receipt for payment of the state fee (1000 rubles). A complete package of documents should be submitted to the Federal Registration Service (Rosregistration). The processing time for documents is short; as a rule, the process takes no more than one week.
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15. My car has been in the garage since 2011 with transit license plates, so I haven’t done any maintenance or insurance. I changed my registration address a week ago, the previous address is in the PTS. I want to sell it. How to register the sale correctly and how much of a fine will the traffic police give?
15.1. You draw up a purchase and sale agreement and off you go. There should not be a fine, since the new owner will file the registration.
Did the answer help you?YesNo
16. How to draw up a deed of gift for a garage for my son (4 years old). How much does it cost, what documents are needed and for how long? Thank you.
16.1. Do you have documents for the garage? Then the problem will be if you decide to sell before your 18th birthday.
Did the answer help you?YesNo
17. After the death of dad, documents for the garage were drawn up at the notary: 0.5 - for mom and the remaining 0.5 - for mom (Svetlana) and two daughters (Marina and Elena). Now Svetlana and Elena want to give their parts of the garage to Marina. Powers of attorney have already been issued to Marina to receive property documents. What to do next and how much will the registration cost, and what about the property tax, since it turns out that the garage will be owned for less than 3 years? Sorry for the confusion.
17.1. The power of attorney was for registration of an inheritance, did I understand correctly? If so, then it is not suitable for donation. But next you need to draw up a donation agreement for shares of the garage from your mother and sister to Marina. And then go together to the Russian Register to register your transaction. Property tax is paid only on the purchase and sale of property; when donating, the law of kinship ties applies. That is, there are no taxes between close relatives. Contact me, I’ll help you arrange everything. Call 230-15-46.
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18. Question on the topic of paperwork. The garage is registered in my mother’s name, I want to re-register the garage in my name, the estimated amount of the garage is 500 thousand rubles, how much will the re-registration cost and what percentage does the notary charge for re-registration of documents.
18.1. Check with a notary.
Did the answer help you?YesNo
19. Hello!. I want to buy a garage. I solved all the issues. I found out how much correspondence would cost - from 8 to 10 thousand. Is this a fixed price for all real estate listing transactions? What if I get a deed of gift, will it be more expensive or cheaper? There is no relationship with the seller. Tell me please.
19.1. The state duty is 2000 rubles and drawing up an agreement is about 1 thousand, that’s all the expenses, where did you get 8 thousand. Another thing is that the documents may not all be drawn up for real estate in the form of a garage, then yes, there are costs for registration with the cadastre.
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20. I live in an apartment on the 1st floor of a 16-story building. The first floor is high, and it so happens that under my balcony with a storage room there is another balcony with a storage room that does not belong to any apartment, that is, if I had a second floor, then it would belong to the apartment on the first floor. It is now favored by homeless people and they periodically start fires there. Can I design this balcony for myself, put an iron door there and make a garage for a motorcycle? How much could it cost?
20.1. Hello! This is possible only by decision of the general meeting of owners of premises in the house.
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I have 2 garages, they were built 10-15 years ago, at that time there was a cooperative,
Consult on privatization. A relative has a large garage, he is the owner.
How much does it cost to privatize land under a garage with an area of 18 square meters. It is assumed that the garages may be demolished in connection with the construction of a ski resort.
The situation is as follows: in 2005 my grandmother (mother’s mother) died, in 2012 my father died.
The man (the developer says) is selling a garage. Certificate of ownership for the garage (building) itself
My mother-in-law wants to issue a deed of gift for the garage for my child, he is 13, how much does it cost and perhaps what documents are required for this.
According to the documents, my garage is listed as metal. In fact, capital.
There is a garage, my brother and I each have 1/2 of the property, we want to register this garage now only in my name, what is the best way to do this and as quickly as possible, i.e.
I want to buy a cooperative garage. The documents are issued to the owner of the garage, the land is owned, the garage is privatized.
My father died, my mother will inherit. Please tell me how to properly register an inheritance.
I want to purchase a garage that is owned. Can I complete the transaction through a notary? Approximately how much will it cost? How to start everything step by step? THANK YOU!
Buying a garage in GSK documents registration
GSK
Sooner or later, every car owner thinks about purchasing a place to store their own vehicle. In the context of the state’s fight against unauthorized garage buildings and parking lots, the most popular option is purchasing a garage from GSK. As a rule, garage-building cooperatives have their own infrastructure, including a manager, an accountant, security, and a land plot specially allocated for the construction of garages. This significantly reduces the risk of buildings located on this territory being declared illegal. Despite many positive aspects, the procedure for purchasing a garage in a cooperative contains some aspects that need to be taken into account in order to avoid problems with its operation in the future.
Specifics of the transaction
Parking boxes in GSK are capital buildings inextricably linked with the land on which they are located.
RF IC.
- The acquiring party examines the documents provided by the owner for eligibility and inspects the garage.
- By oral agreement of the parties, an initial purchase and sale agreement is prepared, it fixes the terms of the commercial transaction, establishes a date and price, which does not subsequently change.
- The buyer makes an advance payment to remove the garage from auction.
In other circumstances, if the price of the object being sold is low (up to 500,000 rubles) and there is no high demand, as well as the garage building belongs to a single owner (without shareholders), it is possible to immediately draw up a basic agreement for the transaction.
Buying a garage in GSK documents registration 2020
- Owner's statement.
If none of the neighbors have been involved in legalizing their car boxes as their property, then additional certificates from the GSK are required:
- Statutory documents.
- Certificates confirming the state registration of this cooperative as a legal entity and tax registration with the Federal Tax Service.
- Protocol on the election of the chairman at the general meeting of members of the cooperative.
- Documents for a plot for the construction of a garage cooperative (permission from authorities for construction and allocation of a plot, land lease agreement).
Attention! If the car boxes are built as a single complex, then they cannot be divided, so the entire complex must be registered with the cadastral register.
Privatization of land at the site of the GSK is possible only after land surveying and agreement with all members of the cooperative.
Garage by inheritance
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.
In the case where the share has already been paid before death, the heir (son) has the right to receive a certificate of ownership and register it along with a package of documents with a notary.
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.
We suggest you read: At what distance can you build a garage from the fence? At what distance can you build a garage from your neighbors’ fence?
Buying a garage in GSK, documents registration in MFC
Info
But at the same time, garage owners can purchase both the land plots under the garages and the garages themselves. If neither the building nor the land plot under the garage is registered as the property of the seller, this situation results. The buyer buys only a share in the cooperative, which consists of a building.
Important
At the same time, he does not buy the building itself, but only the right to use it. He can park the car there or use it in any other way.
Or resell this right to any other person. State registration of such a transaction is not required.
You can try to register such a garage and the land under it as property.
How to transfer the ownership of a garage to another person?
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.
In order for a transaction to re-register a garage as the property of another individual to be recognized as legal, the following two conditions must be met:
- the object must be fully owned by the person who transfers property rights to it;
- the land plot under this premises must be privatized or its construction was carried out legally (for example, on the territory of the GSK cooperative community).
Re-registration of a garage in a garage cooperative occurs with the presentation of a package of additional documents:
- a certificate confirming that this community is officially registered;
- a document stating that the land has been allocated by GSK for the construction of garages on legal grounds;
- an act stating that the construction of premises for a car is permitted on this site;
- an extract from a special register confirming that GSK is a legal entity;
- Community Taxpayer Identification Number.
If necessary, these official papers can be requested from the GSK Department.
In the event that it is necessary to re-register a garage building after the death of its owner, we are talking about inheritance rights. If there is a will, the property is inherited by the person named in it. If the testamentary document has not been drawn up, then inheritance occurs according to the law in order of priority. However, parents most often take care in advance to leave their property to their children. In this case, we are talking about transferring an object as a gift.
And if the father was faced with the question of how to re-register the garage for his son, then the answer is obvious - it is necessary to draw up a deed of gift for it. This method of transferring real estate into the possession of another person has a number of advantages:
- firstly, there is no need to notarize this document (as is the case with a will);
- secondly, the transfer of property as a gift occurs free of charge, and, therefore, is not subject to state tax;
- thirdly, the trust document itself can be drawn up by hand, in any form, and it will already have legal force (if there are signatures of both parties).
If the child for whom the deed of gift is being drawn up has not reached the age of 18, then his guardian or a second parent (for example, mother) can sign the document for him.
One of the documents required to re-register a garage as the property of another person is a corresponding application. In this case, the interested party can go in two ways:
- contact a professional (notary);
- write the application in your own hand.
We suggest that you familiarize yourself with the Rules for constructing a garage on a site.
The latter option is more economical, the main thing is that the document is drawn up correctly.
Buying a garage in GSK documents registration where to start
You can only get permission through the court. Otherwise, the object may be demolished by the authorities.
When purchasing a garage building, you should carefully consider what land it is located on. You should negotiate a deal only if you are sure that the object was built on a privatized land plot.
The owner is a private person
It would seem that this is the simplest method, but there are some nuances.
In order to prepare and transfer the rights to an object to another owner according to all the rules, the following requirements must be met for the selling and buying parties.
The seller should take the following actions:
- According to the deed, transfer all documents to the acquirer.
- Request information from the BTI in the form of a certificate about the price of real estate.
How to issue a deed of gift for a garage: step-by-step instructions
The transaction process consists of four steps. Let's look at everything in detail.
Step 1: collecting and preparing documents
The donor prepares the documents, because they are with him.
To register a DD for a garage you will need:
| Document | Where to get |
| Certificate of ownership of the land plot where the garage is located | MFC, Rosreestr |
| Cadastral passport | MFC |
| Documents on ownership of the garage | Rosreestr, MFC |
| Passports of the donor and recipient | Department of Internal Affairs of the Ministry of Internal Affairs, MFC |
| Notarized permission of the spouse (if required) | Notary |
| Parental consent to donate to a minor | |
| Registration certificate | MFC, BTI |
| Certificate of payment of the last share contribution | Chairman of the GSK |
Step 2: registration and certification of DD
The deed of gift is drawn up independently, by a notary or by lawyers.
Notarization will be required when alienating a share in property, or when making a transaction on behalf of a minor.
Sample contract
The deed of gift for the garage must contain information about:
- Full name, registration addresses, passport details, dates of birth of the parties to the transaction - the donor and the donee;
- address, area, cadastral number of the land plot where the garage is built;
- area and location of the facility;
- intentions to donate a garage to the recipient free of charge;
- date of entry into force of the DD.
Signatures of the parties are required. The DD is drawn up in triplicate.
Sample garage donation agreement:
Step 3: submitting documents to Rosreestr
Documents can be submitted to Rosreestr through the MFC - it’s easier. Both parties must appear to serve. It is recommended to make an appointment in advance.
The list of documents is listed above, but you will also need the contract itself.
State duty
Registration of rights to a garage costs 2,000 rubles. Additionally you need to pay 350 rubles. for re-registration of rights to the land plot where it is located.
Step 4: obtaining an extract from the Unified State Register of Real Estate
10 days after the application, the MFC specialist will issue an extract from the Unified State Register, where the donee will be indicated as the owner. The deed of gift is returned with a note about registration.
Are you planning to draw up a gift deed?
We’ll show you how to properly formalize and draw up an agreement so that it won’t be challenged in the future.
Buying a garage in GSK, documents, registration in MFC 2020
A state fee of 2,000 rubles is charged for this procedure. You must have with you:
- originals and copies of passports;
- 3 copies of the purchase and sale agreement;
- tax payment receipt.
In addition, they may require additional papers confirming the legality of the transaction.
Registration in the Unified Register with the presentation of a certificate is the final stage in the process of registering ownership of the purchased garage and allows the new owner to fully exercise their rights to use the property.
Buying a garage in GSK documents registration 2020
Therefore, if a sale is necessary, the buyer is offered the option of a simplified re-registration of real estate without registering the transfer of rights.
Alienation algorithm without re-registration:
- Exit of the old owner from the cooperative with receipt of a certificate signed by the chairman of the association about the alleged full payment of share contributions;
- Admission by the general meeting of the cooperative to the GSK of a candidate owner of the alienated building;
- Issuance of a membership book, keys to a parking space and a documented obligation to reimburse remaining fees.
The main disadvantage of the scheme is the impossibility of legal disposal of the garage and the possibility of its seizure.
The advantage is that the selling price of the building is significantly lower than the market price.
