Each motorist dreams of his own garage, not even suspecting the bureaucracy that lies behind such a purchase. After receiving the long-awaited design of the happy owner of the "house" for a car, a long paperwork associated with its design expects. However, this can be avoided if you correctly follow the rules for the design of the garage described in this article.
The main types of garages
It is very difficult to answer the question of how to register a garage as a property without knowing the exact characteristics of such an object. Therefore, in order to deal with all the subtleties, you first need to determine what they are. In Russia and other CIS countries, there are three types of garages:
- Capital - a building made of brick or blocks with a foundation, detached or attached to another building.
- Boxing is part of the building where car compartments are located.
- The metal structure is a non-capital object without a foundation, which is considered a small architectural form.
Garage Design Steps
Garage registration is a complex of measures, the result of which is the receipt of a document establishing ownership of such a structure. At the same time, from a legal point of view, you can draw up a document, but not a building, land or a residential building.
Therefore, under the innocuous wording “How to get a garage without documents”, business correspondence with authorities, lawsuits, conclusion of contracts and other legal actions may be hidden. Such procedures are often delayed due to the lack of public awareness of legal issues. But in general, the design of the garage can be divided into 2 main stages: determining the method of exercising the right and registering the right of ownership.
Determining how to exercise the right
Every Russian citizen has the right to own private property, and a garage is no exception to this rule. In the Russian Federation, such actions are subject to mandatory state registration, after which the owner receives a certificate confirming ownership.
To enter information into the register, you must present a title document for the property. This may be an old certificate, a contract of sale or a certificate from garage cooperative full payment of the share fee. And it is possible that there is no document at all, but the owner is confident in his ownership.
For example, if the garage was purchased under an oral sales contract or was part of an inheritance that has not yet entered into force. In such cases, you can only obtain ownership of the garage by going to court, where the rights of a citizen will depend on the decision of the femida. As a rule, such hearings do not take much time. Satisfying such a claim, the court will also determine how to register a garage without documents.
In any case, before the direct registration of such a building, its owner must have at least one title document.
Registration of ownership
The registration of the right of ownership is carried out by the registrar on the basis of the title document submitted by the owner, the cadastral plan and the receipt of payment of the registration fee.If a public servant has doubts about the right to a garage, he has the right to require additional supporting documents. If they are contradictory or, in the registrar's opinion, invalid, he refuses to carry out the procedure, which issues a reasoned written document. Such a refusal can be appealed in court.
If we are talking about a garage - a small architectural form, then such an object is not considered real estate, and the right to it is not subject to registration. In this case, the owner must take care of his right to the land where the structure is located. To learn in more detail how and where to register a garage as a property, you can seek help from a lawyer who will help to carry out this procedure competently and as quickly as possible.
What to consider when buying a garage
When buying a capital building you need to be extremely careful. Such a transaction is subject to mandatory notarization. Of course, the notary carefully checks the documents, but it will not be out of place to personally verify that the object really belongs to the seller, is not subject to a mortgage, or its alienation is not imposed. To do this, you need to require the seller to extract from the registry for the object being sold. Such a document will also require a notary to complete the transaction, so the seller must have it.
But much more often, sales are made outside the walls of a notary’s office, since garage cooperative boxes are much more common in freestanding structures, especially in big cities. In this case, the seller has a certificate from GSK in his hands, and the transaction, as a rule, is near the garage, where the buyer transfers the money to the owner, who, in turn, gives the keys and a receipt on receipt of money for the sale of the box.
In theory, such a document should be the basis for replacing the owner of the box. It should be noted that such dealers often do not know how to register a garage when buying, therefore they do not take into account that only a member of a garage cooperative who has made a share contribution has the right to a garage box. In the future, he can dispose of his property on an equal footing with other owners of real estate. That is, the sale of the garage does not make the buyer a member of the cooperative.
By acquiring a design according to such a shadow scheme, bypassing the payment of established duties and taxes, he risks not only being fined by the Federal Tax Service, but also remaining without property. If you nevertheless decided to register the garage as a property, the documents of the owner of which cause certain doubts, the deal should be concluded in the presence and with the consent of the head of the cooperative.
Note that the legal registration of boxing without the knowledge of the cooperative is not possible, as it requires the provision of documents for the land that is owned. The head of GSK has a written guide that explains how to register a garage for ownership upon purchase and what a happy owner of a cooperative box may face in the future. With its consent, the organization guarantees the subsequent entry of the owner into membership. At the same time, a certificate is issued to him, which will be the basis for the final registration of the garage with the registrar.
How to arrange a temporary garage installed on your own land
The temporary structure is a small architectural form, and therefore not subject to state registration. The owner of the land can build on it any temporary structure that does not contradict the purpose of the land. Thus, the construction of such a garage on the ground for personal subsidiary plots or housing construction is quite possible without obtaining any other permits.
If the land documents do not imply the placement of automotive equipment on it, in order to put a temporary garage, you will need to change its purpose. However, if there is a need to install such a design on an unsuitable land, then you can find a number of other reasons for changing the intended use of the site.
How to arrange a major garage built on your own land
Own land means a plot entered in the register of real estate. In this case, the same rules apply for building a garage as for any other major building. That is, you need to take a building permit from the local authorities, order and approve the project, then build the object and register your right to it in the real estate registry. If the garage is already built, but without documents and permits, it can also be registered with a cadastral plan. In this case, the project can be developed later, but it will definitely be needed for electricity and other utilities.
How to arrange a temporary garage installed on rented land
This section will discuss how to take ownership of a garage located on the leased land of a private owner: a citizen or an enterprise. In this case, the tenant's rights are established by the contract. At the same time, the recommended form of such a document does not provide for a mandatory reservation of tenant's rights to place property on the leased object, except for real estate.
Landlords, in turn, do not bother to work out each clause of the agreement, so you need to remember that everything that is not prohibited by law is allowed in private contractual relations, and therefore, the tenant can freely install a garage building on the ground.
The basis for termination of such an agreement is the misuse of the object, so you need to understand that the purpose of the lease can be much narrower than the purpose of the land. So, for example, renting a site for servicing a residential building does not mean at all that the installation of a garage will be regarded as its intended use. Therefore, if you have a car, it is advisable to stipulate the right to install a temporary structure for it in the contract.
In addition, before registering a metal garage as a property, it should be clearly understood that it itself, as an object of ownership, belongs to the buyer from the moment of acquisition. If such a structure was located on the site initially, and, in fact, was the main purpose of the lease of land, then it can only be acquired by redemption from the owner. However, in this case, there is no point in acquiring a garage without land.
How to register a garage if the land is leased
Unlike small architectural forms, the construction of real estate on leased land is permitted only with the consent of the lessor, which can be expressed in the relevant clause of the contract allowing the construction of such structures. Such a document, as a rule, takes the form of a written permission of the lessor, certified in the prescribed manner.
If there is no such agreement, the garage will be considered an unauthorized structure, which cannot be an object of ownership. In this case, you will either need to agree with the owner of the land and get permission from him, or you must go to court to prove that the conclusion of the contract itself implied the construction of a garage, for example, its construction was the main purpose of the lease.
How to arrange a temporary garage located on municipal land
This section describes how to take ownership of a garage on non-privatized land, leased for commercial or industrial purposes.If the tenant's activity is connected with transport, it is quite reasonable to think about installing a temporary structure for a car, if the land area allows it.
Unlike a private landlord, local governments can act only within the limits of their authority established by law. This means that the purpose of renting municipal land is exceptional, and the installation of a temporary garage on it is possible only for production purposes, for example, to accommodate a tractor or other special equipment, but not for the director’s personal car.
How to arrange a major garage located on municipal land
If the construction of a garage is not the purpose of renting municipal land, the construction of such buildings on it is impossible without amending the contract. If the structure has already been built, it is subject to demolition, and the intruder will be fined in case of verification. At the same time, changing the terms of the contract, even after the completion of the construction of such a facility, will allow the tenant to avoid negative consequences for himself.
How to register a cooperative garage
This situation is common in the real estate market quite often. The owner of the garage box is considered to be such only after paying his share contribution, about which he receives the relevant certificate.
In theory, this document is a title and goes in conjunction with the cadastral plan for the land under the box, which may be the basis for its further registration. However, there is a problem - the garage box is not considered an integral building, but is part of a single structure of the complex.
Thus, in the cadastral plan of land privatized by the cooperative, one single structure is indicated. So, according to the law, the owner of the garage box cannot have the necessary package of documents for entering his immovable property into the register. But he will be able to draw up his right of ownership by allocating a box of land for boxing. This procedure is time consuming and costly, therefore they resort to it only when it is required to sell a garage.
But it is important to understand that although the certificate of the payment of the share fee gives recognition of the ownership of the garage box, it can only become indirect evidence of this in the event of the liquidation of the cooperative. And such a development is real if most of its members re-register their garages. In addition, such orphaned buildings are a tidbit for unscrupulous developers and hungry officials. For this reason, it is better to seek advice from the registrar in advance, who will explain in detail to the applicant how to register a garage at GSK as a property in Moscow or any other city in Russia.
How to get a major cooperative garage and orphan box
We combined these two cases together because of their rarity. It is extremely simple for a member to issue a separate building in a garage cooperative, for this you need to take a certificate on the payment of a share fee and cadastral plan of the land, after which you can go to register it. The ownerless structure can be part of a complex that was built back in the deep Soviet times. At the same time, the owners did not bother at the time to create a cooperative.
Such a garage complex is considered the property of the municipality, as well as the land under it. Boxes themselves, as a rule, are distributed among car owners in order of priority, and they may not have documents for the structures used, however, user data can be found in the archive of the municipality. In such a situation, there is only one way, how to register a garage as a property without documents - to create a garage cooperative. Subsequently, the newly formed enterprise will be able to privatize the land under the building of the complex, and the members of the cooperative will be able to re-register the boxes after the payment of shares.
Thus, in order to know how to take ownership of a garage, you must first determine the scope of your rights, the presence of overlapping interests, and only then proceed with specific actions, guided by the situation.
