Permission to build a garage for a personal car

Legal requirements

The procedure for issuing a document for the construction of capital construction projects is regulated by Art. 51. The answer to the question of whether you need to obtain permission to build a garage on your site depends on the nature of its construction. According to the provisions of the Town Planning Code, it is required if the structure has its own foundation.

Permits are required if the owner intends to build a permanent and durable garage from stone materials, logs, and wall panels that will be installed on the foundation.

If the property will be used for commercial activities (tire service, auto repair shop), a building permit should be obtained regardless of the nature of the structure.

When considering whether a permit is required to build a garage on your own site in 2021, it should be noted that permitting documentation is not needed if:

1. The garage is a metal structure without a foundation that can be moved from its place using a crane.
2. The structure does not have main walls and is built in the form of a canopy.

A garage with a foundation is real estate, therefore, before starting construction, it is necessary to draw up a technical plan for the garage for cadastral registration in Rosreestr.

Read about the mandatory requirements for the construction of capital structures in the article “Construction of a garage on a site, rules and regulations.”

Garage on the adjacent territory of an apartment building 2021 - installation, residential complex of the Russian Federation

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?

Is it possible or not?

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.

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.

Garage in the local area of ​​an apartment building

The construction of garages on the adjacent plot is still possible. But future owners will have to prepare carefully, since the registration procedure includes a large number of nuances and pitfalls.

Installation procedure

To ensure that the installation of a garage in the local area of ​​an apartment building is successful, you can use one of the methods indicated in the list:

1. By obtaining official permission to conduct construction work.
2. By submitting an official declaration that allows legalization of self-construction.
3. By going to court.

Where to contact?

If you decide to try to obtain official permission, contact your local municipality's architectural department for assistance. At the same time, visit your local BTI office.

It is also recommended to seek help from the staff of the special Commission, which has a full range of powers to suppress unauthorized construction and squatting.

The main task is to ask the applicant to leave the construction project behind.

Its representatives will determine the unauthorized construction of the facility based on at least three criteria:

• lack of official permission for construction;
• violation of urban planning standards during the construction of a new building;
• During the construction work, land was used that was not allocated for this purpose.

It is important that the residents are not against the fact that you have built a garage on the territory of the apartment building. Otherwise, the likelihood of obtaining the necessary documents, while simultaneously legitimizing the right of ownership of the object, becomes almost zero.

How to get permission?

To build a garage in the courtyard of an apartment building, you will have to obtain official permission. But practice shows that in most cases, documents are drawn up after the property has already been built.

In this case, you need to seek help from BTI representatives, who must issue an official document assigning unauthorized status to the building. To legitimize, you need to go to representatives of the district administration.

Required documents

In accordance with the Housing Code of the Russian Federation and other regulations, the usual registration of all permits will be impossible, because at the same time it will be necessary to obtain the support of the municipality and residents.

Before contacting special authorities, you will have to prepare in advance the following package of documents for transmission:

1. Documentation for a plot of land near an apartment building, which confirms the right to build.
2. Registration certificate with a full description of the garage.
3. Cadastral plan of the land on which the garage was built or will be built.
4. Declaration confirming the completion of construction work in a certain area. From the point of view of the legislation in force in 2021, this is one of the most important documents. After all, it includes complete information about the year of construction, the actual address, purpose, area involved, and the list of connected communications.

And this is not a complete list - depending on the characteristics of a particular situation, it may be supplemented.

How to legitimize if installed unauthorized?

In case of independent construction without permission, the sequence of actions will be as follows:

1. Seeking help from representatives of the administrative corps of the municipal body.
2. Receive a complete list of papers for subsequent processing.
3. Collecting documents and filling out a declaration.
4. Engaging the support of neighbors who can confirm in writing that there are no complaints.
5. Waiting for a decision from the administrative body.
6. Obtaining permits for subsequent registration in Rosreestr.
7. Appeal to the court to challenge it in court.

The procedure for registering a garage as a property is long, but if the answer is positive from the municipality or court, you have the full right to use the garage at your own discretion.

In the video about the right to the local area

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Registration of ownership

After building a garage with a foundation on your plot of land, it must be registered as your property.

As a capital construction project, the structure is subject to taxation. The owner will annually receive a notification from the Federal Tax Service of the Russian Federation about the need to pay property tax. Its amount is calculated taking into account the cadastral value of the building.

If a garage for a car is being built on the territory of a garage cooperative, the interested party must first obtain a technical passport and a certificate of ownership of the plot for it. Otherwise, the structure will be considered an illegal building, and therefore the administration of the cooperative may require its removal.

Read about the procedure for registering a plot in the article “How to register ownership of land under a garage.”

When buying a ready-made garage in a cooperative, you should first make sure that the land and building are registered as the property of the seller. The transfer of the building must be secured by an agreement and an acceptance certificate. A sample transfer and acceptance certificate for a construction project is presented below.

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.

Procedure for obtaining a permit

An application for a queue for the construction of a garage must be submitted to the architecture department by the direct owner of the site or his authorized representative, who has a notarized power of attorney.

List of documents

The following documents must be provided to the architecture department:

1. Statement from the owner of the site.
2. A copy of the applicant's passport.
3. Technical plan of the land plot from BTI.
4. Documents confirming ownership of land (certificate of ownership).
5. Project of the future building.
6. Cadastral map of the site.
7. Plan for connecting to utility networks: electricity, water supply, sewerage, and so on.
8. Topographic map of the land plot.

Review of the application and submitted documents lasts up to one month. As a result, the applicant will be issued permits or a written refusal indicating the reasons.

Cost of the procedure

The procedure for issuing a building permit in the architecture department is free of charge. However, in the process of preparing the necessary documents you will have to pay:

• land management specialists for cadastral and topographic maps;
• BTI staff for preparing the technical plan.

Prices for their services should be clarified at the location of the building site.

Refusal to issue a permit

Architectural department specialists have the right to refuse to issue a permit in the following circumstances:

• the applicant did not provide the required list of documents;
• the applicant cannot confirm ownership of the site;
• the land plot is not intended for capital construction;
• Fire safety rules were not followed during the design;
• the location of the building on the site does not comply with the building codes in force in the Russian Federation;
• The location of the garage does not leave room for free passage.

If a refusal is received, the applicant has the right to challenge it in court.

Before filing a claim, you should carefully study the reasons for the refusal. Perhaps, by eliminating them, you will be able to achieve the desired result when you apply again.

Consequences of illegal construction

If the owner builds a garage on his property without any permits, no one will demand its demolition. In any case, building regulations must be observed, for example, the distance to the property line.

The negative consequences of erecting a capital structure without first obtaining permission can be considered:

1. Impossibility to register ownership of the garage, since legally it does not exist.
2. Claims from the tax authorities, because the owner of a capital structure does not pay property tax.
3. Payment of a fine with subsequent registration of the structure in the event of sale of a plot with a garage.

Types of objects

In order to create an action plan for yourself to legitimize a building, you must first decide what type of objects it belongs to.

• Capital construction.

It's easy to separate her from the rest. The foundation is laid at the base, built from concrete blocks or solid bricks, and cannot be moved to another site. For capital construction, permission from government authorities is required if it is located in the GSK.

• Garage box.

Simply put, this is part of a separate garage (capital construction), divided into sections. Boxes are found in garage cooperatives that provide premises for use by car enthusiasts. Paradoxically, it is easier to register, and if the box is located on the edge, it can even be recognized as a separate garage.

• Small architectural form.

It is a structure consisting of a collapsible frame. Easy to move and does not require any registration or consent for installation. In terms of going to government agencies, this design will not bring any trouble.

How to legalize an unauthorized garage

In order to legalize an unauthorized garage, you should contact the local commission for the prevention of such constructions and submit an application to register the structure.

Legalization is allowed in the following cases:

• the building is located on the owner's property;
• the rights of owners of neighboring plots are not violated;
• All building standards are met.

After registering the structure as an unauthorized building, you need to obtain a technical passport from the BTI. Then an application is submitted to the architecture department to receive a construction declaration.

If local authorities refuse to legalize a property, you can file a lawsuit. In court, ownership will be recognized if all legal norms are met. First, the judge will ask whether the plaintiff has made independent attempts to legalize the construction.

If the court's decision is positive, you can begin to register ownership.

Read more about how to own a garage.