According to the law, a citizen is obliged to carry out registration of each of his property. A garage is also considered real estate, along with land, an apartment or a house. A cadastral passport is one of the main (key) documents that reflects important information regarding property. How to obtain a cadastral passport for a garage, where is it issued, and what documents must the owner provide? It's worth looking into it in more detail.
What is it needed for
The registration of a passport is handled by the cadastral service when a citizen leaves an application there. This is one of the important documents of title, containing information about a specific property.
Why is it needed? A passport is required for various transactions, the subject of which will be a garage:
- privatization;
- sale;
- donation;
- registration of short-term/long-term lease;
- providing a garage to the bank for collateral;
- subject of the will.
As you can see, the list contains all possible transactions. It is impossible to carry them out without providing the necessary information about the real estate being sold. The buyer (tenant, heirs, bank employees) must find out what exactly the subject of the transaction is. The passport provides a description. Garage area, material, etc.
The purpose of obtaining a cadastral passport for a garage at GSK
Since January 2020, changes have been made to cadastral registration.
Now, instead of a passport and an extract from the Unified State Register, a cadastral extract from the Unified State Register is issued. A message about this was recorded in the letter of the Ministry of Economic Development No. 39682-Va/D23i dated 12/22/2016.
The cadastral passport is an important document when registering various transactions and conducting operations with real estate. You will definitely need:
- if the owner of the garage box decided to privatize it;
- when registering a real estate alienation transaction. This could be a transaction related to the sale, gift, or execution of a will;
- if the owner of the garage box decided to rent it out for a period of more than a year;
- to provide a garage as collateral when receiving a loan;
- if the state plans to move or demolish the GSK, then a passport is also needed to receive compensation or another garage box.
Watch the video about the new cadastral passport:
Contents and sample of a garage cadastral passport
The owner has the right to receive a passport by submitting an individual application. Externally, the document is similar to a specialized extract; it is made from the state unified land register.
There you can see the following information:
- Object name;
- its location (garage cooperative, number, street);
- location of the garage (indication of nearby objects);
- a plan diagram that allows you to understand exactly how the property will look (room area, exact dimensions, building material, functional purpose).
Important: a sample of a ready-made cadastral passport for a garage can be viewed at the MFC or cadastral chamber, or on the Internet.
Normative base:
- Order of the Minister of Justice No. 32 - it displays the type and information that specialists must enter into the finished passport;
- Federal Law 93 helps citizens obtain a document using a different, simplified scheme. For example, if you need to process it faster;
- Federal Law 218 - it reflects the need for the practical use of the passport, plus the period of its possible validity is indicated.
Important: of course, citizens can ignore the requirements of the law if they wish, but then they are automatically deprived of the opportunity to conduct any transactions (execute them) with the garage. Without a cadastre, the other party will not be able to register the purchased object, officially use it, even check its suitability and compare the characteristics listed by the owner in practice. That is why a cadastral passport is a necessary certificate for any owner.
Registration of garage ownership
Registration of garage ownership
Yulia Morozova
15.03.2013
garage
Land owners
271 comments
Order a technical plan for the garage Tyumen 98-59-77
This article will discuss the topic “Registration of a garage as a property .
How can you register a garage as your property if you do not have any title documents for the garage, but you have been using it as the owner for 15 years or more? How to register a garage if you are a member of a garage cooperative? How to register ownership of the land under the garage? You will find answers to all these and some other questions in this article.
So, you’re probably wondering: “Why should I even register a garage as my property?” Well, the most important thing why you need to do this is the opportunity to subsequently sell, bequeath or donate the garage after registration. Without a certificate of state registration of ownership of the garage, you will not be able to make any transactions.
Then another question may arise: “Why should I register a garage if I’m not going to sell it?” If you have a garage, but there is no permission to build a garage, and there are also no documents for the land under the garage, then this piece of land may be confiscated from you in favor of the administration , if an inspection comes, and they will also force you to remove the garage from this place, they will write you fine for unauthorized construction. In this case, you will no longer have time to register your garage as your property, since this is a rather lengthy procedure. Thus, you will lose your garage.
I encourage you to treat your property with care! Complete it in a timely manner in accordance with current legislation, otherwise one day you may lose it.
According to Article 218 of the Civil Code of the Russian Federation, if the garage is cooperative, and you have paid a full share for it, then you are the owner of this garage.
So, the registration process :
- contact the chairman of the cooperative for a certificate confirming your membership in the garage cooperative and payment of the share
- make a copy of the certificate (lease agreement) for the land allocated to the garage cooperative
- contact a cadastral engineer with an application to draw up a technical plan for the garage
- with the technical plan, go to Rosreestr (cadastral chamber) and receive a cadastral passport for the garage
- with a cadastral passport, go to the registration chamber and receive a certificate for a garage
But there are some nuances here.
If your garage is part of a line of garages , that is, it has adjacent garages with which you have common walls, then this line of garages is considered a building, and your garage is considered a room in it.
That is, you will receive a cadastral passport of the premises (box/garage). And it is possible to register such a premises with the cadastral register only on the condition that such a building (line of garages) is already registered . Or you can do this at the same time - register the building and the premises (your garage).
To prepare a technical plan for the building, the following documents will be required:
- design documentation of the building and permission to put the building into operation
- a technical passport of the building produced before January 1, 2013
- or, if in cases provided for by legislation in the field of urban planning, the production or acceptance of project documentation and permission to put the building into operation is not required, a declaration
To prepare a technical plan for the premises (garage), the following documents will be required:
- design documentation of the building or structure and permission to put the building or structure in which the premises are located into operation
- a technical passport of the building or structure in which the premises are located, produced before January 1, 2013
- a technical passport of the premises produced before January 1, 2013
- or, if in cases provided for by legislation in the field of urban planning, the production or acceptance of design documentation and permission to commission the building or structure in which the premises are located is not required, a declaration
If your garage is located in a garage cooperative and does not have adjacent walls to other garages, then your garage will be considered a building. This case is more rare.
As a result, you will receive a cadastral passport of the building, and then a certificate of state registration of the right to the garage as a building. But in this situation, the technical plan will require the documents necessary to prepare the technical plan of the building.
If you have a detached garage that is not part of a garage-building cooperative, then you must have a document on hand for the land plot under the garage (a land lease agreement or a certificate of state registration of land ownership). Having such a document in hand, you can contact a cadastral engineer to prepare a technical plan for the garage. Subsequently, the technical plan is submitted to the cadastral chamber for consideration, and a cadastral passport for the garage is issued. With a cadastral passport and a document for a land plot, you can register ownership of the garage.
If you do not have a document on the provision of a land plot under a garage, then you first need to contact the local administration with an application for the provision of land for rent or ownership.
The land under the garage is a very valuable thing. If you have in your hands a certificate for a garage + a certificate for the land plot under the garage, then no one will, under any circumstances, take your motorhome away from you. Your garage will be fully protected by law.
According to Article 39.20 of the Land Code, the owner of the garage has the right to purchase the land plot under the garage from state or municipal property.
Unless otherwise established by this article or another federal law, citizens and legal entities who are the owners of buildings and structures located on such land plots have the exclusive right to acquire land plots for ownership or lease.
You will have to go through the procedure of registering the land plot under the garage with the state cadastral register.
When concluding a contract for the sale and purchase of a land plot located in state or municipal ownership, without holding an auction the price of such a land plot cannot exceed its cadastral value or another amount of the price of the land plot, if established by federal law.
If the land plot is provided through an auction:
The starting price of the auction item for the sale of a land plot is, at the choice of the authorized body, the market value of such a land plot , determined in accordance with the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter referred to as the Federal Law “On Valuation activities in the Russian Federation"), or the cadastral value of such a land plot , if the results of the state cadastral valuation are approved no earlier than five years before the date of the decision to hold the auction.
Together with the local government body, a land purchase and sale agreement will be drawn up, with which you need to go to Rosreestr and register ownership of the land plot.
If you are the owner of a garage in a cooperative , then the procedure is slightly different. The land under the cooperative's garages must be registered in its entirety. To do this, it is necessary that all owners of cooperative garages have in hand certificates for their garages, properly executed. Then there will be common ownership of the land plot under the garages.
In this article, we found out that registering a garage as your property is a completely solvable and necessary task. The issues of registration of garages, as well as land plots under garages, were considered. If you have questions or have something to add on the topic, write in the comments.
If you are interested in reading articles about real estate, subscribe to the news on the right side of the site.
Tweet
Read other interesting articles:
Changes to the Land Code from March 1, 2020
On March 1, 2020, changes made to the Land Code of the Russian Federation come into force (Federal Law of June 23, 2014 N 171-FZ “On Amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation”).
How to remove a property from the cadastral register?
While many happy owners of real estate are in a hurry to register it with the cadastral register, some are concerned about another question: how to remove a property that has ceased to exist from the cadastral register?
How to find out the cadastral value of a land plot by cadastral number without ordering a cadastral...
How to find out the cadastral value of a land plot? It's very simple and completely free! You only need the Internet and the cadastral number of the land plot you are interested in.
How and where to get
The mechanism for obtaining it is simple:
- collection of documents;
- a person’s personal (or through a representative, by mail) application to Rosreestr (possible at the MFC);
- submitting an application and waiting for its consideration.
It is known that members of the GSK are required to document their membership. Each participant has his own, individual ID. A similar practice occurs in land cooperatives, when, when issuing plots to participants, the board provides them with certificates. But a detailed explanation of specific property is contained only in the passport. A sample of the standard document can be shown by specialists from the MFC or Rosreestr for comparison.
So, the places of receipt are Rosreestr (regional or territorial branch) and the MFC (available in large cities and suburbs). By the way, you can visit the Gosuslugi portal, register there and fill out the appropriate electronic form - an application.
How to obtain a cadastral passport for a garage: registration procedure, list of documents
To take a passport, a citizen needs to complete the following list of actions.
Name | Details |
Collection of documents | Namely: ● personal passport; ● power of attorney (if a proxy acts instead of the owner); ● registration certificate (specifically for the garage); ● title papers (examples - gift agreement or will, purchase and sale) |
Payment of state duty | It does not matter where exactly the citizen decides to get a passport. This is a paid service, and according to the law, all applicants must pay a special state fee. Payment methods: ● having found out the necessary details and cost through the Rosreestr website, go to the nearest large bank; ● use an ATM; ● special terminal; ● Sberbank online |
Filling out an application | If a citizen decides to order a passport via the Internet, an application form with an example of completion is provided on the website. The completed form will be provided by employees of the MFC or the State Cadastre (Rosreestr), depending on where the applicant will go. Important: indicate the form for providing basic information - electronic or standard, paper |
Submission of documents | The passport will be issued at Rosreestr, but citizens can act through the MFC. This multifunctional center is an official intermediary helping people use government services. Having received the papers, the specialist will immediately check them (everything was brought, condition, correct filling). Accepts and gives a receipt in return |
Receiving a completed passport | It will take 5 days to process the request at Rosreestr and 7 days at the MFC. |
Important: if a citizen uses an electronic application, he must scan all the required papers and provide them with the completed application form.
How to obtain a cadastral passport if the garage belongs to the GSK
Here the owner may have some difficulties.
First, you can register a joint venture when a GSK participant has managed to repay 100% of the share contributions.
If the members of the GSK have not previously received (none of them) cadastral documents, then they need the following papers:
- charter of the cooperative;
- permission to construct (if necessary) garages;
- permission for a specific land area where the specified GSK is located;
- act of acceptance of the finished object for further operation;
- the decision of the meeting held in the GSK, where the chairman was elected;
- permission previously issued by the chairman, according to which the citizen was able to privatize boxing;
- certificate that he has made 100% payment of the share.
These documents will become the basis for the subsequent issuance of a new technical passport for a separate garage. Specialists from BTI come out, see the object, measure it, and draw up documentation.
After this, the member of the GSK goes himself to the BTI to have a technical passport issued to him there. At the same time, he pays the standard state fee (individuals need 800 rubles for a paper version and 250 rubles for an electronic version). When the technical passport is ready, you can proceed with the subsequent registration of the CP.
Important: Rosreestr classifies a garage as a non-residential property, so the passport, in addition to the main characteristics, will indicate the cost identified by a specialist.
Cadastral passport
This is an official document that indicates the category of real estate. It provides a complete description of the object. In accordance with the Federal Law “On the Real Estate Cadastre”, it is presented in the form of an extract from the state cadastre. The form of submission was approved by Order of the Ministry of Justice No. 32 of February 18, 2008.
A cadastral passport is issued for all buildings, including finished objects and unfinished buildings. The garage is no exception. The extract allows you to formalize ownership and register the object with the registering authority. Only after this can you be considered a full owner and have full control over the garage box.
It is important that the document shows information about the cadastral value of the garage. It is used as a basis for calculating tax due. Once you receive your statement, it is important to make sure that it does not exceed the market price. If this happens, an application for recalculation of the cost is submitted. If you do not do this, you will have to pay increased taxes.
Information contained in the cadastral passport
It contains information about the individual characteristics of the building that allow it to be identified. The passport must contain the following:
- land plan;
- garage information;
- data on directional angles of the site;
- geographic coordinates entered into the electronic map of Russia;
- cadastral numbers of neighboring plots.
You may be interested: what information about a plot can be found by cadastral number?
Why is a cadastral passport needed?
A garage is equated to real estate objects with which alienation transactions can be made. A cadastral passport is required in the following situations:
- registration of donation or inheritance;
- garage sale or exchange;
- privatization, carried out by transferring from cooperative to private ownership.
Read more about how to privatize a garage in a garage cooperative.
Note! The presence of a building in the GSK and a membership book does not yet provide the right to dispose of it. To do this, you need to register the property and obtain a cadastral passport.
How much does it cost and validity period?
In principle, registration of a commercial contract cannot be called a long-term or complex procedure. It takes a maximum of a week (not counting the time spent on collecting and preparing documents and paying state fees).
How much will it cost? The procedure itself is free, people pay for the passport itself. Here the amount of payment rather depends on the type of document and the status of the person:
- individuals - 200 rubles (standard paper version), 150 rubles (new electronic version);
- for legal entities - 600 rubles (standard paper version), 300 rubles (new electronic version);
- If a technical passport is required during the registration process, its production will cost 1000 rubles.
It is believed that the validity period of the issued cadastral passport for a garage lasts a certain time. Maybe a year or several years. No, the document does not expire.
Why is it needed?
The passport, which is issued by a specialized cadastre service, is a key document that is required in the process of conducting all kinds of transactions related to the existing garage box.
In particular, this applies to the following operations:
- privatization of real estate;
- sale of garage to third parties;
- donation of real estate as a non-residential property;
- registration of long-term or short-term lease;
- providing a garage as collateral for obtaining any loans;
- will.
Also, this document may be useful in the process of demolishing a garage box by the relevant government services for the construction of new buildings. In this case, compensation will be calculated in accordance with the cost of the specified object.
Cadastral passport for the garage
Reasons for refusal
It happens when, instead of a ready-made CP, a person may only be given a notification. This happens if the applicant is denied a passport.
Reasons for refusal:
- the system does not contain specific data about the specified structure;
- there is information, but it cannot be officially disclosed, it is prohibited by law;
- there are claims regarding the papers provided.
Important: the citizen must be given a detailed indication in the notification of what exactly was the reason for the refusal. Perhaps he will be able to eliminate the problem and contact him again. However, all questions can be asked directly to a specialist at the MFC. Or use reference numbers.
What documents are needed
When registering a cadastral document for the first time by the owner for a separate box in the GSK, the following papers will be required:
- charter of the cooperative;
- municipal permission for the construction of a civil building complex;
- documentation for GSK land: lease of land from the municipality or ownership;
- certificate of registration of GSK with the tax office;
- extract from the Unified State Register of Legal Entities;
- decision of the general meeting on the appointment of the chairman of the State Committee;
- permission of the chairman for privatization;
- owner's passport;
- statement;
- certificate of redemption of the share.
If the garage owner is not the first one who needs a passport, then the list of papers will be insignificant:
- owner's passport;
- certificate of payment of the share;
- certificate of ownership;
- application for a cadastral document.