All the details of buying a garage at GSK

It is no secret that the safety and appearance of a car largely depend on how carefully the owner treats it. Open-air parking lots dramatically reduce the service life of a vehicle, so any types of protected structures are always in high demand and have high prices. And if in the near future you plan to purchase a garage from GSK, documents and registration are what you need to pay attention to, first of all, so as not to become a victim of fraudulent actions on the part of sellers. How to register the purchase of a garage in a garage cooperative correctly and legally, what points you should pay attention to first of all, will be discussed in this article, which will help to avoid many mistakes.

Nuances of the purchase and sale transaction

All real estate transactions are regulated by Federal Law No. 218-FZ. Recently, cases of fraud involving various types of real estate have become more frequent, ranging from illegal buildings to forgery of documentation. Therefore, you need to know how to buy a garage at GSK and not become a victim of deception. Before completing a purchase and sale transaction, you need to carefully study the title documents and find out the following points:

What status does the land plot under the buildings have?
Is the specific box registered as property?
If the object is not property, then has the share been paid in full?
Is the property registered in the cadastral register?

Important! Only with owned real estate objects registered in accordance with established rules, transactions are considered legal.

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Don't know. But it is quite possible that not. Although earlier, under the previous chairman, I think lists were submitted to DOSAAF. It is impossible to find out this from the current slob of the chairman, because it is generally difficult to catch him sober. Is there any way I can find out this myself, without the help of the chairman?

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1. The owner of the box submits an application to withdraw from the GSK and pay him a share. 2. The new owner writes an application for admission to the GSK and pays for the share, for which he receives a deed from the GSK, as well as a certificate from the GSK, from which it follows that he is a Member of the GSK, the share has been paid in full, he has been provided with box No., area ___ sq. m. in _____________. Ise signed by the chairman and accountant + links to the minutes of the general meeting of the GSK on admission and allocation. 3. The new owner uses the box, hoping that everything will be fine.

How to register ownership?

Legal ownership of a garage in a cooperative is confirmed by an extract issued by the Rosreestr of the territorial branch. The owner who owns the building provides the following package of documentation:

Identification.
Technical plan.
A certificate confirming the repayment of the share in full and membership in this cooperative.
Receipt for payment of state duty in the amount of 2000 rubles.
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. If the contractual obligations of the lease are violated or the construction is illegal, the GSK may be liquidated.

We collect documents for land registration

Before you privatize the land under the garage, you must register ownership of the garage building itself. What do you need to have to privatize land?

A photocopy of the passport of a citizen of the Russian Federation. If, instead of the owner of the garage, his authorized representative is involved in the registration, then a power of attorney is additionally required.
Application from a citizen (the application form can be found on the Internet and printed in advance).
Documents confirming ownership of the garage building.
Receipt for payment of state duty.

As can be seen from the above, the documents for privatization of the garage and the land plot underneath it differ from each other. Therefore, before collecting a package of documents, the owner should still seek advice from a specialist.

How is the purchase of a garage at GSK carried out and the paperwork completed?

Only legally competent registration of the purchase of a garage in a garage cooperative allows, in the event of force majeure, to receive financial compensation or avoid litigation after the purchase and sale transaction.

Seller's package of documents:

Certificate of ownership in the GSK or an extract from the Unified State Register of Real Estate, issued by Rosreestr.
Notarized consent of the second spouse to sell the property.
A document certifying the right to land (long-term lease, perpetual use, etc.).
A document confirming receipt of the right of legal ownership by the seller (exchange, purchase and sale, donation, inheritance).
A certificate indicating the cadastral value of the property.
A draft agreement that will come into force after it is signed by both parties.

To purchase a garage in a cooperative, a citizen of the Russian Federation must, for his part, be vigilant and carefully check the title documentation. The risk of a transaction will be minimized by requesting an extract from the Unified State Register from Rosreestr, which you can even submit and pay the state fee online. The extract will allow you to check the owner of the building and the presence of encumbrances, liens or arrests, and will also provide all the necessary cadastral registration information. You should also study the statutory documents of the GSK and the status of the land plot.

Documents when purchasing a garage in a garage cooperative 2020

Drawing up a contract.
Technical documents, including a complete description of the object (number of doors, windows, area, layout, etc.).
A certificate confirming the fact that ownership has been registered with government agencies.
Title documents for the object.
If the garage was acquired by the seller after entering into a marriage, then the property becomes jointly acquired, therefore, its alienation will require the consent of the spouse, previously certified by a notary.
Transfer deed. If a decision has been made to draw it up, it is prepared in triplicate and then attached to the agreement.
A receipt confirming payment of the state fee.

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It is not recommended to make decisions related to the acquisition of illegally constructed objects without first inspecting it and assessing its technical condition. It is important that shortcomings or defects found are a reason to reduce the price requested by the garage owner.

Agreement for the sale and purchase of a garage at GSK

According to Art. 550 of the Civil Code of the Russian Federation, this agreement for the sale of a cooperative car box is similar to transactions with other real estate, must be drawn up in a single document and include the following steps:

The header indicates the name of the transaction, recording the date and place of its conclusion, and passport details of representatives of both parties. If one of the parties is a legal entity, then all information with contact numbers and legal address is provided. With the participation of a representative by proxy, the necessary details of the document or birth certificate are indicated.
Provide accurate information about the object of the contract, indicating its main cadastral parameters (including cost), and the land plot under the building.
Indicate the location, name of the garage cooperative, what it is built from, whether it stands separately or in a single block with other boxes, area, number under which it exists in the GSK, how many levels it consists of, and other individual parameters.
Write down the price for the building in two versions: in numbers and in capital letters, which will eliminate possible errors.
The agreement specifies the method of payment, exact terms, the possibility of payment in installments or the entire amount as a one-time payment.
Signatures on both sides.

Additionally, draw up a transfer and acceptance certificate, which is an integral addition to the agreement. It describes the features of the object at the time of the transaction, whether repairs are required, reflects the list of things that will be transferred to the new owner, or indicates in the contract that the acceptance certificate is not drawn up, the fact of transfer is confirmed by the contract. A sample bill of sale agreement looks like this:

Documents for the sale of a garage may additionally include various conditions. For example, if there is an agreement to pay by installments, then you should indicate the schedule of payments. It is possible to reach an agreement to vacate the property by the former owner and other controversial issues. Russian legislation does not oblige the transaction to be certified by a notary, except in cases of sale of a share in the right, but it is best to carry out this procedure, thereby giving the document greater legal significance. In case of incorrectly formulated requirements, the notary will make adjustments. The agreement can also stipulate the procedure for imposing penalties if the agreement to pay the debt is violated.

How to register an object to a new owner?

You need to know that ownership of the garage in the GSK will not be from the moment the agreement is signed and certified by a notary, but after its registration in Rosreestr at the location. In this case, ownership rights are transferred from one citizen to another. This means that, regardless of the moment of payment, the building becomes legal only after state registration. For registration with Rosreestr, you must submit the following package of documents:

Originals and copies of passports.
Purchase and sale agreement.
Acceptance and transfer act.
Receipt of payment of state duty in the amount of 2000 rubles.
Consent of the second spouse to a real estate transaction, certified by a notary.

The legality of the information will be verified by the registrar within 10 days, followed by the issuance of an extract from the Unified State Register to the new owner. And only after receiving a package of documents from Rosreestr, the new owner has the right to dispose of his property.

Pitfalls and risks

Despite its apparent simplicity, buying a garage at GSK has its pitfalls. It is important to take them into account when making a transaction.

The construction of garage cooperatives was most often carried out in the 80-90s with the attraction of borrowed funds at the initial stage of construction and the subsequent redemption of their shares by the owners. According to current legislation, ownership rights to the property in this case are acquired from the moment the share is paid in full. That is, having paid the last installment, a member of a garage cooperative automatically receives the opportunity to dispose of property (sell, donate) regardless of whether he has secured his right with government agencies. In this regard, the buyer may have difficulties in registering the purchase and sale through the manager of the garage-building cooperative, since in this case the GSK has no grounds to dispose of the building located on its territory. By transferring the garage to another person, the chairman commits actions for which he does not have the authority. Such a deal has no legal force. Moreover, in fact, the building remains assigned to the previous owner, which, if relatives or heirs wish, can be proven in court. In this case, the buyer risks losing not only the funds invested in the purchase of the garage, but also the building itself.
When purchasing a garage using a cooperative membership book, the owner may encounter significant difficulties when wanting to legalize the building. To register, you will need the real owner of the property, and with repeated resales using the membership book, it will be difficult to find him.
Buying a garage without documents also entails unpredictable consequences. The building may be illegal, belong to another person or be owned by several persons, be under arrest or pledged to a bank, etc. Since the transaction is not registered with Rosreestr, the owner who bought such a garage will not be able to prove his rights to use the building or receive compensation when a demolition order is issued.
Even if all the required documents are available and subsequent official registration of property rights, the transaction may be declared invalid if the seller was incapacitated at the time of its completion.

Purchasing a garage is a responsible undertaking that requires significant investment. In order to be confident in the security and legality of the transaction and not be left without funds and the purchased building, it is necessary to check the available information about the selected GSK in advance of the purchase and, when completing the transaction, comply with all the requirements of Russian legislation regarding real estate transactions.

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Taxation nuances

After selling the property, the seller is required to pay 13% tax on the value only if the building has been owned for less than three years. If the garage is used for a long time, no tax is charged. For those citizens who are officially employed and regularly pay income tax to the state budget, according to the Tax Code, they are entitled to a tax-free deduction in the amount of 250 thousand rubles. If a citizen works unofficially, then he does not have the corresponding benefits. If the market value is significantly higher than the amount of the deduction, then the seller needs to collect certificates, checks, receipts confirming the high costs of maintaining the building and submit them to his regional department of the Federal Tax Service. This will help reduce the tax base.

Where else can you arrange the purchase and sale of a garage?

Specially created Multifunctional Centers can speed up the process of re-registration of real estate, advise on various issues and relieve the workload of Rosreestr divisions. From a legal point of view, there are no contradictions. The MFC is an intermediate link between the client and the registration service. Its specialists provide assistance in preparing documents, check them and submit them to Rosreestr. The registration period is extended by two days, and citizens do not have to wait in queues for a long time. Electronic recording allows you to minimize the waiting period. The package of documents is the same as when applying to the registration authority independently. Articles 131, 132 of the Civil Code of the Russian Federation determine the need to register a real estate transaction. If this is not done, the risk of fraud is very high. The buyer must be well versed in the intricacies of jurisprudence in order to independently verify the eligibility of the documentation for the purchased object. By ordering an extract from the Unified State Register of Real Estate, a potential buyer receives all the necessary information about the property. If Rosreestr does not have complete information about the subject of the transaction, then it is better to refuse this option.

How to buy a garage in a cooperative in 2020

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Vice versa! If the documents are certified by a notary, the period for registering the right will be significantly reduced, since Rosreestr specialists will not need to conduct a legal examination of the submitted documents.

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Ownership of a garage in GSK: difficulties and design features

When studying the rules on how to buy a garage in a cooperative, you should take into account some more nuances. The law prohibits the design of metal structures; buildings must have the status of real estate, that is, they must be permanent structures on a stationary foundation with walls made of brick or other solid material. Metal boxes are not real estate. Even if the buyer offers to formalize the agreement through a notary office, the transaction will be illegal, so it is not worth paying the market price for such a box.

The most dangerous transactions are offers to buy an illegally built object. Self-construction will never be registered without a court decision and is considered a serious violation of the law. At any moment the object will be demolished and liquidated. But sometimes, due to a low price, a buyer may agree to purchase a metal box or illegal building. It is imperative to inspect the object and only then make a decision. Only a receipt can be confirmation of the transfer of money. A metal box has some advantages, as it will allow the structure to be moved to a new location in the event of force majeure.

Despite the high competition among real estate agencies, you can still find advertisements with the headings “I’m buying a garage” or “I’m selling a house.” For those who are interested in how to sell a garage in a cooperative and legalize the purchased property as a property, what pitfalls a buyer can expect: not to become a victim of scammers - there is a main rule: to carry out all transactions without violating Russian legislation. And if there are no circumstances forcing you to make a purchase urgently, then it is better not to rush into making a choice.