Quite often in Russian courtyards of apartment buildings you can see garages built in close proximity to the main housing. Sometimes they are right next to each other. In accordance with current legislation, buildings of this kind are illegal, so they can be quickly demolished. But why then can some garages stand for decades near an apartment building, and nothing happens to them? Is it possible to legalize a garage in the local area of an apartment building? How to act correctly in this situation, who to contact?
What types of objects are there?
Some features of the implementation of formal procedures depend on what type of building was erected on the territory near the residential building . The following types of structures are distinguished:
- Complex - they are part of a single building, consisting of a large number of car boxes.
- Capital - buildings with a solid foundation, for the construction of which expensive and high-quality materials are used. Such garages are considered as full-fledged real estate objects.
- Metal garages acting as free-standing structures. Metal structures can be easily disassembled and moved to another location.
- Parking garages are special semi-open areas intended only for parking vehicles.
Documentation is most often drawn up for the first 2 types, since they are more expensive real estate and it is beneficial for the owner to prepare it. It makes no sense to officially register cheaper designs in most situations.
Conditions for leasing municipal land for permanent and non-permanent garages
Municipal authorities issue permits for the installation of metal garages only on the condition of a short-term lease of land (from 3 months). Such a meager period is due to the fact that their plans do not include “decorating” the city with clumsy metal “shells” for a long time. Therefore, owners of temporary buildings should understand that their garages will sooner or later need to be cleaned.
As for capital “motorhomes”, they are built to focus on sites with a longer lease (1-5 years). The ideal option is to privatize the land share.
In case of interruption of the lease agreement, the owner has the right to expect compensation due to the damage caused to him (it is impossible to move a capital structure). On the other hand, the location of the proposed site may not always suit the car owner due to the distance from the house.
Methods of legalization
You can request an official license from the Commission on Architecture and Construction. To do this, you will need to provide a certain list of documents and an accompanying application.
It is also possible to legalize an unauthorized building if a positive decision is made by a judicial authority. If ownership rights are confirmed in court, then the municipality and other residents do not have the right to remove the garage. To go to court on this issue, you must have a reasoned refusal from the local authorized bodies.
If you want to legalize the erected structure, you should first make sure that the garage meets all the current legislative norms and rules according to all criteria. The structure should not create obstacles for other persons and free passage of transport.
Going to court
The court is asked to recognize the constructed garage as a legal building if:
- One of the neighbors is unlawfully obstructing the registration.
- Local authorities refuse registration without serious reasons.
As soon as the court decision satisfies the claim and recognizes that the garage is a legal structure and should belong to the plaintiff, no one will be able to interfere with the registration of the right in Rosreestr.
How to build a garage in the courtyard of an apartment building?
In order to build a garage building without authorization for further appropriation of property, you will need to register the land. The procedure involves assigning the appropriate legal status to the site. In most situations, problems arise because the land may be owned by other entities, including the following:
- members of housing cooperatives, management organizations, housing and communal services;
- residents of the house have equal rights;
- municipal authorities.
The only way to build a garage in the yard is to issue a license based on a court decision. An individual will need to prepare a claim and prove ownership.
What needs to be done before September 1, 2021
Start collecting documents to register a plot of land and a garage now.
- You will need documents on the allocation of a plot for a garage, before the collapse of the USSR or after, but this is a fundamental document in legalization.
- Receipts for utility bills in the garage - electricity, water, etc.
- Do direct heirs have any claims? If you inherited the garage from your father or mother, can your ex-spouse claim rights to the garage you registered.
- Are your neighbors in the garage cooperative planning to take ownership of the garage? If yes, then the technical plan will cost much less if the cadastral engineer will carry out several objects on one site at once.
Get ready and don’t be alarmed, the tax on a registered garage will be calculated automatically.
What is needed to obtain permission to install a garage in the courtyard of an apartment building?
To build a garage in the courtyard of a residential building legally, you will need to deal with legal nuances. To avoid problems, it is recommended to study in detail the regulatory framework in this area and, if necessary, seek advice from a qualified lawyer.
How to obtain a building permit
To obtain permission to carry out construction work, you need to collect a package of documents, send them to the authorized authority along with the appropriate application, and then wait for a positive decision or a reasoned refusal.
Often, residents of apartment buildings install sectional metal structures without permission, since the fine for unauthorized construction is cheaper than registration, but it is important to consider that violating the law can lead to additional negative consequences.
Where to contact
Permits can be obtained from the architectural department of the local administration. You should also contact the BTI branch at the same time. The main goal when contacting various authorities is to obtain documentation allowing construction work to be carried out.
To protect yourself from controversial situations, you can use the help of members of the commission, which has a comprehensive list of powers to suppress self-construction. Representatives of the commission determine unauthorized behavior based on the following indicators:
- lack of permitting documentation;
- neglect of urban planning standards during the construction of the structure;
- construction on an area not intended for this purpose.
Required documents
Preparation of documentation is an essential condition for obtaining permission. Before contacting the authorized authorities, you must prepare the following documents:
- technical passport with a detailed description of the future construction, including dimensions, building materials and other characteristics;
- a document certifying ownership of the land plot next to the residential building where construction is planned;
- cadastral plan of the territory;
- a declaration indicating the completion of construction work on a specific territory and containing information about the purpose of the building, the total area and the presence of utilities.
The absence of a package of documents or the provision of incomplete documents is a common reason for refusal. No authority has the right to issue a construction permit without the individual having the listed documentation.
Deadlines
The standard processing time for submitted documents is 10 working days. After this period, a positive verdict on construction or a refusal indicating the reason is issued. If an individual is denied a permit, the shortcomings must be corrected and the application resubmitted.
Is garage amnesty a government ploy?
Citizens think that any law takes into account the benefit of the state itself, and not the common people. There is a grain of truth in this. The direct benefit of the state in the garage amnesty
is that people will independently legitimize tens of millions of unauthorized construction projects.
They will independently register them in the cadastral register and pay taxes on land and construction projects. The Moscow administration will find out who the owners of unauthorized buildings are - unsafe objects, objects located on municipal land. Who is responsible for unauthorized construction? The benefit of citizens
is that if a citizen does register a garage, then the owner will be able to sell it, rent it out, pass it on by inheritance, and not be afraid of the demolition of his private property. If the administration or developer wants to demolish a legal garage, they are obliged to pay compensation to the owner of the garage.
Garage amnesty is a simplified version of paperwork for a garage. The owner of the garage receives the land plot underneath it free of charge. The garage and the land under it can be legalized from September 1, 2021
Registration of land ownership rights
It is possible to build a garage next to a residential building only if ownership of the land has been confirmed. The procedure for registering rights consists of establishing the appropriate legal status. In most situations, this is difficult to do, since the land may be owned by several residents on equal rights or by owners, who are management organizations, cooperatives and housing and communal services.
If it is not possible to formally prove ownership, the only option is to resolve the issue in court. To do this, you need to prepare an appropriate claim and provide evidence of ownership of a specific plot of land.
What is the price?
Legalizing a garage is not a cheap procedure. It is not always possible to immediately calculate what will be more profitable for an individual - first obtain a license and go through the entire approval process, or subsequently register an unauthorized construction. The main costs for legalizing the design include:
- obtaining a cadastral passport - 1-1.5 thousand rubles;
- registration of property rights - 1 thousand rubles;
- The state duty in various authorities is from 500 to 2 thousand rubles, depending on the number of applications.
If during the legalization process there is a need to go to court, you will additionally need to pay the appropriate state fee. It is also worth considering other legal costs.
Law
There are a number of legislative acts that regulate the specifics of construction and further registration of such structures. They are available both in Federal legislation and the Civil Code.
The first option provides for Federal Law No. 93, in accordance with which the features of the dacha amnesty are determined. The introduction of this law into legal force significantly contributed to simplifying the procedure for registering a number of buildings and the land on which they are located. Garages are included in this number.
The Civil Code has four articles regulating the construction of garages in local areas:
- Article 222. Here is a list of buildings that can be considered unauthorized.
- Article 52. Official rules are established according to which citizens have the opportunity to obtain official permission to conduct capital construction.
- Article 263. All available rights of owners to carry out construction work are disclosed.
- Article 8. The specifics of the procedure for registering buildings with the help of a statement of claim to the court are regulated.
Features of how to legalize a garage without documents
Confirming the legality of the construction of a garage without providing documents can only be done in court . It is worth considering that there is no need to obtain a license in the following cases:
- Construction work is carried out on territory that was provided to a person for non-commercial purposes or belongs to a cooperative of summer residents and gardeners.
- The structure being erected is not included in the category of capital ones and can be dismantled at any time.
- The garage serves as an auxiliary facility and is being built on a site owned by the construction initiator.
Will the court solve the problem of installing a garage in the yard?
In most cases, the judicial authorities help solve the problem of building a garage next to an apartment building. In this case, the legal requirements and building regulations in force at the time the individual files the relevant claim must be observed.
What are the difficulties?
While going through formal procedures, many are faced with obtaining the consent of the remaining residents of an apartment building to carry out construction. Difficulties may also arise when preparing a package of documents, since in some of them the accuracy and completeness of the data provided is important.
A common problem is compliance with all current building codes. Since the legislative framework often undergoes changes, it can be difficult to keep track of current rules, as a result of which authorized authorities issue a reasoned refusal to register property rights.
Is it possible or not?
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The law does not prohibit building a garage near an apartment building if this procedure is carried out in accordance with a number of regulatory requirements.
Construction alone is not enough - the construction will have to be legalized. In most cases, registration is carried out after the unauthorized construction is completely ready.
