Registration of the purchase and sale of the garage occurs through the conclusion of a contract of sale. In accordance with the Civil Code of the Russian Federation, the contract must be drawn up in writing in the form of a single document signed by the parties. The contract must contain a description of the garage, which allows you to accurately determine the object of sale, and the price.
But for the sale of the garage, a number of other documents are required. In addition to the contract itself, the cadastral passport of the garage is attached to it. This document contains all the characteristics of the transferred premises (area, number of rooms, location of stairs, doors, windows, etc.), as well as its schematic layout.
If the garage is a jointly acquired property of the spouses, then it is necessary to obtain a notarized consent of the spouse for the sale.
In the interests of the parties, the transfer of the garage by the seller and its acceptance by the buyer can be secured by signing the deed of transfer by the parties.
The contract must be drawn up in 3 copies: one for the seller, the second for the buyer, and the third remains in the registration chamber.
Notarization of such an agreement by law is not required, but state registration of the transfer of ownership of the garage under a sale and purchase agreement is required in the Office of the Federal Service for State Registration of Real Estate (registration chamber). To do this, you must submit the following documents:
Application for state registration of rights;
- a document on the right to real estate (purchase and sale agreement and deed of transfer);
- cadastral plan of the land plot, and a plan of the real estate object indicating its cadastral number. Submission of the cadastral plan of the land plot is not required if it has already been submitted earlier and was placed in the relevant file of title documents.
- proof of payment for registration.
The term of registration of the contract in the registration chamber is 30 days.
As a result of registration, the seller receives one copy of the sale and purchase agreement and one copy of the acceptance certificate with the mark of the Office of the Federal Service for State Registration of Real Estate, the buyer also receives 2 similar documents, as well as a Certificate of state registration of ownership.
Thus, you will have a list of documents confirming the garage sale and purchase transaction and its registration in the registration chamber.
In accordance with the law, the form of the contract for the sale of an immovable garage must contain the following appendices:
Payment schedule (where the terms, conditions and amounts of payments are clearly regulated);
- Description of the garage (in the description of the garage, information about its area, location, cost, etc. is indicated. The description is an official legal document)
- Cadastral passport;
- Cadastral passport of the land plot;
- Certificate of state registration of rights;
- Title documents for a land plot (contract of donation, rent, purchase and sale, exchange, certificate of inheritance, etc.)
Violation of the requirements for the form of a garage sale agreement entails its invalidity.
You can find out the most accurate list of documents, as well as the requirements for them, at the appropriate institution of justice at the location of your garage, where you will be provided with an accurate and complete list.
Selling a garage is one of the most common real estate transactions, but it is not always clear how to sell a garage in compliance with all legal requirements. The procedure for transferring rights to it to another owner will also depend on how the seller formalized the right to own the building. The simplest option applies to the sale of a garage, the rights to which are registered as private property, including the land under it.
Features of the garage sale
For a garage, as well as for any type of real estate, when re-registering ownership, a certain set of requirements will be presented, how to formalize the purchase and sale of a garage, and to the registration of title documents. If the seller already has a property right registered by the registration chamber, the sale and re-registration procedure takes place in the standard sequence, with the obligatory submission to Rosreestr of the package of documents necessary to confirm the right.
If the building is improperly framed, the seller needs to legitimize his own rights before proceeding with its re-registration to another owner.
Garage as part of GSK
Many sellers mistakenly believe that in order to legally transfer rights to a garage, it is enough to sell their membership in the cooperative to which the building belongs. However, such a transaction does not give the buyer the right of ownership. So that the new owner does not have problems with real estate in the future, the owner is registered with the seller the day before.
For registration, you will need to prepare and collect the following documents:
- Passport.
- Receipt for payment of state duty.
- Certificate of absence of debt on share contributions to GSK.
- Cadastral passport.
In some situations, if none of the garage owners has previously re-registered ownership, the GSK must be registered with Rosreestr in order to confirm its legal capacity.
After the Regpalata issues a certificate for garage property, the seller will be able to legally transfer the right to own it to any citizen. It should be borne in mind that a sale can only be issued for the building itself, since the land on which it was erected remains the property
Detached garage
You can register land acquisition for a building by submitting the following documents to the Rosreestr:
- Permit for construction (taken from the local authority);
- Decree authorizing the allocation of land for garage development;
- Documents from BTI.
One of the options to prove the right to build a garage on this site can be not only the ownership of the land, but also a lease agreement.
The owner of a detached garage for sale will inevitably face difficulties in selling it, due to the lack of title documents for the land.
Self-built garage
It is necessary to distinguish unauthorized structures depending on the place of their construction:
- On your own land.
- At the municipality.
In the first case, in order to carry out the alienation procedure within the framework of the law, it will be enough to provide the Rosreestr with a BTI passport and a technical survey report, as well as a declaration from the architectural inspection that the building is ready for operation.
In the case of the construction of a squatter on land owned by the municipality, the purchase of a building for the buyer carries additional risks, because the rights to use this land are not confirmed in any way, which means that such transactions are considered a purchase of a high degree of risk. As a solution to the problem, the seller should try to conclude a lease agreement with the administration, but there is little chance of a successful outcome of the issue, and if the local authorities refuse, the garage is subject to demolition.
Sales stages
Only if the seller has all the title documents, the transaction will be recognized as legal, and the state registration authority will accept documents for re-registration.
The standard procedure for registering the transfer of ownership of a garage is as follows:
- Preparation of documents and drawing up a written purchase agreement.
- Conclusion of the sale transaction by signing the contract.
- Making settlements between the buyer and the seller in accordance with the act of acceptance and transfer of the object.
- The procedure for registering the transfer of rights in the state registration authority, Rosreestr.
- Issuance of new legal documents.
It should be noted that you can sell the garage by simply signing the contract, without the obligation to notarize the document. However, a written fixation of the agreements reached between the buyer and the seller is mandatory. The contract will serve as the basis for re-registration to a new owner, if it describes in detail the property, its exact location, and the cost of the transaction.
Documents for the deal
Each of the sale options needs to be considered separately. If all documents for ownership are properly executed, the transaction is carried out on the basis of the available documents according to the list:
- Cadastral passport. It contains the main characteristics of the building, the area, the number of windows, doors, the layout of the room.
- Transfer-acceptance act. Reflects the state of the transferred object and its cost.
- Contract for the sale of the building /
- If the object was purchased during marriage, a written, notarized consent of the second spouse for the sale is required.
- Title document (certificate of ownership).
- If the right of ownership arose as a result of inheritance or donation, provide the relevant documents confirming the rights of the seller.
- Civil passports of the participants in the transaction.
The nuances of the sale
The law imposes a number of requirements on the registration of the alienation process, the observance of which will allow you to quickly and safely transfer property to another owner:
- The contract of sale is signed in 3 copies (for each of the parties plus one for the registration authority).
- Without registration of the contract in Rosreestr, the transaction is considered illegitimate.
- To prepare a new certificate of ownership, pay a state fee.
- The law provides 30 calendar days for the preparation of new documents and re-registration.
- In preparation for the sale, it is necessary to check in advance for the legality of the right to use the land on which the garage building is erected.
Taking into account these features will allow you to draw up a deal without any delay, saving the new owner from the difficulties in registering the right in Rosreestr.
Real estate in our time remains a good investment of financial resources. This is an apartment, a private house, office and storage space, which are subsequently rented out.
And someone acquires a garage building. In some cases, for personal purposes or for the development of small commerce. Acquisition or sale of a garage is not inferior to the complexity of transactions with any large real estate.
We will try to analyze several situations and find out what set of papers is needed for both the selling and buying parties.
Situations in which it is not always possible to complete a purchase and sale transaction
It happens that this is the situation when someone expressed a desire to receive money for his garage. In this case, he must keep in mind: the right to full disposal of the object will be transferred to another person. It also happens that the seller-owner is a member of a garage-building cooperative. He wants to sell the garage, but of the necessary papers, he only has the book of a member of the cooperative. According to such a book, there is no possibility, since only a certificate issued by the Russian Register of real estate ownership.
In such a situation, it is different: a personal book of a GSK member is issued for a person who wants to buy a garage. With this turn of events, the newly minted GSK member does not have full ownership of the garage block. In view of this, when conducting any real estate transaction of this type, it is necessary to carefully study all the papers provided by the seller.
Is it possible to formalize the sale at the time of the absence of all the necessary papers from the selling party
Putting all the documentation in order is a headache for the copyright holder. When you have only a membership book on hand, you should spend more than one day in order to arrange everything necessary for signing the deal in the proper form.
To re-register a garage in full ownership, you must have a cadastral passport, a receipt for the payment of a commission for the transaction, a certificate-extract from the State Construction Committee on the full payment of the object.
With the full one, you should contact the Russian Register of the Central Bank in order to legalize the property and take a certificate of this.
If the garage array is not registered in possession, you must contact the Rosreestr and have a few more additional papers in addition to the above list:
- charter of the garage community;
- information about the chairman of the GSK;
- act of transfer of land under GSK;
- permission to build an array;
- an act on the registration of the community;
- certificate of putting the garage facility into operation.
You may have to deal with such a moment: the garage is not located in a cooperative, it “stands” in an area intended for other purposes (residential development or for agricultural work). To complete such a transaction, you may need to pay the state. duty and take a ticket, papers for the ownership of the site, an object declaration (it has a certain form and confirms the fact of the creation of the building).
What you need to draw up a garage sale agreement
Any real estate purchase transaction begins with the conclusion of the so-called agreement of the parties, which contains information about the building, the final amount of payments for it and an indication of some agreements between the seller and the consumer.
To start drawing up a draft agreement, you need to check the availability of the following papers:
- passports of all parties;
- certified ownership of the object;
- a package of documents on the basis of which the garage was received (gift, purchase, inheritance);
- cadastral passport for the object;
- confirmation of land ownership.
In some cases, more documents may be required:
- When making a sale through representatives, documents proving their identity are required.
- If the seller does not reach the age of majority, you must have a birth certificate, passports of one of the parents and the child himself, if he is over fourteen.
- If the owner is a child without parents, you need to take permission for the sale from the guardianship authorities.
What documents are needed to buy a garage and sell it
It's not enough to get by with just one sale agreement. To comply with all the subtleties, it is necessary, but it is not necessary to register a sale transaction. It is only required to re-register the owner.
When registering with the Rosreestr service, all persons participating in the transaction fill out an application in the specified form. To formalize the entry of a new owner into possession of a garage, you must provide:
- passports;
- the project part of the transaction (it is better to sign the contract by both parties in the direct presence of a member of Rosreestr);
- receipt of payment of commission fees for the Cadastral passport of the object;
- papers certifying the ownership of the garage;
- act of acceptance (according to the transaction may not be drawn up).
It should be noted that if the purchase of a garage was made by the subject in a legal family relationship, then at the time of concluding any transaction, it is necessary to check the availability of permissions from both spouses. A notarized permission of the second family member is sufficient. If the buying party is also in a marital relationship, then the signatures of both spouses are required when certifying the transaction. The transfer of the object to the ownership of the buyer is registered for about a month.
A garage, like any piece of real estate, costs a lot of money, which is why the state has recently been paying close attention to sales transactions even of such relatively small and specialized structures. The current legislation has been significantly changed in the direction of protecting the rights of the buyer, and quite carefully stipulates even such a seemingly less important transaction than the sale of an apartment.
When the seller and the buyer have come to a common opinion on all matters of concluding a transaction, they draw up an agreement, which, however, may also be an oral agreement. But in any case, the change of ownership must be recorded on paper, which indicates the location of the garage (and not just the name of the cooperative or individual place, but the full address with the box number), a small description of the object and the amount of the transaction. After that, both parties put a signature under the document - such a document will further be accepted for consideration and registration by Rosreestr.
Now let's find out what documents are needed to sell the garage. After all, the quick execution of the transaction directly depends on whether all the official papers and certificates are collected by the bargaining parties.
Documents for the sale of a garage in 2018-2019
The seller must collect the following documents:
- cadastral documentation, which will reflect the layout of the object, which will allow you to have an idea about the garage;
- A separate document should be attached to the cadastral passport, which is issued for the territory of the garage;
- documents containing data on the status of the land under the garages. It is possible that the multi-year lease agreement ends, and then the owner and the new lessor can significantly increase its value or even change the intended use of their land for a conditional corn field or the construction of a supermarket;
- the real estate seller could issue it after he got married. And now his garage belongs not only to him, but also to the second half, and no one will advertise the relationship within the family until the moment when this second half has no claims to sell the acquired property together. A document is required in which the spouse of the seller gives his consent to the sale;
- an act of transfer, where the condition of the garage being sold is indicated in free form, which will help both parties in concluding a transaction;
- a document that confirms the status of the garage - it can be a deed of gift, an exchange agreement, a certificate of registration of property or an inheritance paper.
There is also a more complicated case - when this garage cooperative has not previously been involved in registering garages. For example, if this is a community of garage owners of some enterprise, when for many years the same people owned such real estate. In this case, in addition to all of the above, you need to collect another package of documents to help the garage cooperative get "into the people", that is, so that it is recorded in the registration chamber. Everything is more complicated here, and the “extraction” of documents can be delayed from within the cooperative, where its members have been for many years and often want those garages that are sold to be offered to them in the first place.
In 2017-2018, garage decoration through the MFC became very popular in Russia. This is due to the simplicity of the procedure, convenient terms and format of the transaction.
Although the Multifunctional Centers themselves are only intermediaries between citizens and regulatory organizations, state registrars, they help to complete the transaction in accordance with the current Russian legislation.
Officials are well aware that a covered parking space, especially a well-maintained 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.
Free legal advice
Citizens who are interested in buying 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 confirm the fact of ownership of the property. To do this, you need to take or (if the documents were drawn up before 1998).
An agreement is drawn up, an agreement is signed, a fee is paid, an agreement is concluded, transferred to the registrar.
Some sellers intentionally underestimate the actual price in order to pay less tax. It is not recommended to deceive the FTS. Significant discrepancies between the market value and the value specified in the contract will lead to an audit. If the auditors find a violation, you will be fined.
An important point is the preparation of the act of acceptance and transfer and the issuance of collateral by the buyer. Often, a receipt may be required, the involvement of a notary who will certify the fact of receipt of money.
Appointment
You can sign up on the spot or. Going to the official page, look at the corresponding section. Also listed there. In the tab "About us" the schedule of work is indicated.
Required documents
- Passports of the participants in the transaction.
- Contracts of sale and purchase in triplicate.
- Certificate confirming the ownership of the garage.
- Transfer and acceptance acts.
- Cadastral passport for the garage.
- Documents about where the building is located.
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, other persons.
Also need help with the layout, properties. Be sure to indicate the materials (brick, metal, etc.), exact dimensions (VSHD), the date when the object was built.
If there is a viewing hole, communications are connected, this should also be indicated in the plans. Therefore, the owner will need cadastral extracts.
A certificate of status is required for the site on which the facility is built. This will save us from subsequent territorial disputes.
Sometimes the owner can get sick, be away, busy with business. In this case, he has the right to issue a notarized power of attorney for any citizen representing his interests.
Registration of a garage sale and purchase agreement at the MFC
Any sale of a garage through the MFC implies the signing of an agreement. For its conclusion and subsequent registration, it is necessary to comply with all the provisions specified in Art. 551 of the Civil Code of the Russian Federation.
According to the law, this issue is dealt with by the Rosreestr authority at the place of registration of the applied citizens, but it is also allowed 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 participants in the transaction with you. They will make copies that will go along with the rest of the documents confirming the rights to the property, describing its properties. You will be given a receipt for payment of the state. duties.
Please read/write all terms and conditions carefully. If you have agreed on an installment plan, then you must specify the exact terms of payments, their sizes, and other important financial points.
Do not forget about the exact time when the new owner will be able to use the acquired property. If you accidentally or intentionally do not set a date, according to the law there is six months to resolve this issue.
Sample contract for the sale of a garage in 2018
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, signatures.
National tax
Free legal advice
According to the issued receipt, the buyer pays the state duty established by law in the amount of 2,000 rubles for the state registration of the contract. Obtaining a cadastral passport costs 200 rubles. Issued within 7 business days.
Timing
Please note that when contacting a multifunctional center, you send all the papers to Rosreestr. The procedure can take up to a month. It will also take time to ship.
Obtaining ready-made documents on the ownership of the garage
Upon completion, you will receive copies of the registration certificate. If for some reason you did not manage to pick it up on time (within a month), it will be transferred to the archive. Call the department to arrange a visit. After that, you will be told when and where to go to get a copy.
The exact date of issue will be indicated on the receipt that you will be given at the MFC, you can also track it by the number indicated on it. It's pointless to come early. Buyer and seller can pick up a copy independently of each other. It is enough to have a passport of a citizen of Russia or its equivalent, proving your identity.
Payment of taxes from the transaction (who and how much should pay in 2018)
All payments are the responsibility of the seller. Taxation applies only to those owners who took over less than three years before the date of sale. The amount is 13% and is equal to the tax rate on personal income. persons.
When submitting a declaration to the Federal Tax Service, indicate passport data, information about the object being sold, documents establishing the right to own it, information about the advance payment received.
Possible problems and solutions
Some citizens, trying to simplify and reduce the cost of the procedure, buy this type of property without official registration. In this case, the buyer will not be able to resell or rent the purchased object. Without checking the papers, he may be a victim of scammers.
Sometimes it turns out that the construction was carried out arbitrarily, without a permit. The municipal authorities will order the demolition of the structure.
Also, the object is often sold without the consent of one of the family members. If garages are located in the courtyard of a large residential building, then there must be a permit for their construction.
Otherwise, again there is a risk of demolition on illegally seized land. Sometimes scammers pretend to be the real owner and sell property to a person that they do not have the right to dispose of.
Therefore, there is a simple rule - to buy only from the owner or his authorized representative, with the official drawing up of an agreement, its registration.
When purchasing a car space in one of the cooperatives, make sure that a survey has been carried out and that the area under it is privatized, and not owned by the municipal authorities.
Be sure to complete all paperwork accurately. Any error or typo is a reason for rejection. The process will be frozen until the problem is resolved.
If the garage is located in another cadastral district, you cannot submit documents to the MFC. It is necessary to apply only to Rosreestr. If there are any difficulties, it will be required.