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?
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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.
New laws and attention to existing ones
The year 2019 was marked by the entry into force of the new Law of the Russian Federation on dachas. According to the approved standards, the concept of “dacha” is excluded from the terminology, and instead of it there is now SNT, where, with the appropriate paperwork, you can register a house as a residential one and even get a residence permit in it. Garden house is a new term in legislation.
It does not give the right to obtain an address, but also does not require registration if it is no more than 50 m in area and no higher than 3 floors.
Living in a residential building means that the garage must be registered and tax must be paid for it (with the exception of pensioners, for whom it is the only one). Receipt of the relevant documents means that the distances specified in SP 53.13330.2019 must be observed. On the issue of the distance between the garage and the residential building, the exact figure is not given.
On the territory of the cottage
However, the distance to neighboring housing must be at least 6 m; if it is not a façade and there are no windows, the permitted minimum can be reduced to 5 m, but no more. And if the neighbor has already built his house close to the fence, and more than 3 years have passed since the construction, you will have to comply with the current standards for a detached garage on this side of the fence, which is located on the border between the plots.
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.
Standards for building a garage on the site
Already in 2021, the question of mandatory registration of permanent garages was raised, and owners of land plots began to plan the construction of car boxes in such a way as not to be subject to the imposed tax. In addition to a separate permanent building for a personal car, there were other options.
Adjacent to the fence
Its only disadvantage is the possibility of unimpeded entry for intruders, but such a garage has many positive aspects. With the existence of the structure, the territory of the site, through which travel is usually provided, is saved.
Distance from the fence to objects on the site
Household members are spared the negative sensations of inhaling carbon monoxide and engine noise. A possible stumbling block is the gate. When opening, they should not interfere with either cars or pedestrians, so they are either made to open inward, or the building itself is moved a meter deeper.
The distance standard is 5 meters to a residential building and to the red line.
If you reach an agreement with your neighbors and put it in writing, the back wall can become a partial replacement for the fence. This is easy to do if the garage roof does not protrude into the adjacent area and there are no ventilation holes on the wall. Sometimes the entry of water from a pitched roof is prevented by using high-quality drainage and tilting the roof in its direction.
SNiP and SanPiN standards
Attached to the house
A common option in which the required distance between the house and the garage is regulated by the distance of the entrance. However, if you use the design of a structure built into the house, you can facilitate access without the need to go outside and save on the already small size of the site.
Near the forest
The absence of a ban on such construction (combination with a house or placement in it) does not mean that when combined for a functional extension, the remaining rules should not be observed:
- in this case, the attached outbuilding is located from the fence at the distance required for a residential building - 3 meters;
- to the barn for poultry and livestock - 4 m, as well as to planted trees;
- to the red line, busy road – 5 meters;
- to simple outbuildings - 1 meter, as well as to bushes;
- to sanitary and hygienic facilities - at least 8 meters due to increased fire hazard (bathhouse). The distance is determined according to fire standards and depends on the materials of the structure.
Layout of buildings
An attached or built-in garage box imposes certain requirements on the owner from the fire inspectorate. Lighting fixtures require protective shades and special hoses for electrical wiring.
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.
Read about smoking in the stairwell of an apartment building. What is the fee for apartment building management services? See here.
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:
- By obtaining official permission to conduct construction work.
- By submitting an official declaration that allows legalization of self-construction.
- 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.
Registration of land ownership
To resolve the issue of legitimizing the unauthorized construction of a garage for its subsequent registration as property, you will have to deal with the most difficult problem - land registration. This procedure consists of establishing the legal status that the land plot has. Such an event has a high chance of failure.
From a legal point of view, this is, in fact, an unauthorized seizure of land, because it may belong to:
- owners, which are housing cooperatives, housing and communal services, management companies or other organizations;
- each of the residents with equal rights;
- public housing department or local government.
The only correct option would be to seek help from a court with a corresponding claim. The owner of the building will have to prove that it belongs to him. Accordingly, the issue with the land is resolved only after the official permission, which we mentioned above, is received.
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:
- Documentation for a plot of land near an apartment building, which confirms the right to build.
- Registration certificate with a full description of the garage.
- Cadastral plan of the land on which the garage was built or will be built.
- 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.
Find out how to switch to direct management of an apartment building. What is the procedure for terminating the management of an apartment building? Information here.
Where can I get the house register of an apartment building? Details in this article.
What is needed to obtain permission to install a garage in the courtyard of a high-rise building
How to legally install a garage in the courtyard of a high-rise building? Are you ready for a long legal ordeal? Then carefully study what documents and actions will be required.
Many people solve the problem in a simpler way - they install a sectional prefabricated metal garage without a foundation and hope for a Russian “maybe”. Because a fine for unauthorized construction and relocation of a garage will cost less than legal state registration.
Perhaps amendments will be made to the legislation to quickly and inexpensively install a garage in the yard, but today car owners in cities have two options - a garage cooperative or unauthorized development.
If you decide to follow the letter of the Law, then remember that it is very difficult to obtain permission for a garage in the yard, but you will receive a decision to demolish your garage, which the administration did not yet know about, very quickly.
Why is it difficult to legalize a garage in the yard and who to contact to obtain a lease agreement for the land plot of interest:
- housing maintenance office supervising your home;
- the yard is the property of the residents of the house (apartment owners);
- your yard is municipal property.
It is not enough to solve the problem of how to find a plot of land; you need to agree with the land owners on the right to lease. Only when you have received the go-ahead from the owners of apartments in the building, from the housing office or the head of the town planning committee, collect a package of documents:
- we write an application to the city commission for combating unauthorized construction with a request to transfer your garage to private ownership;
- We attach copies of the following documents to the application: we declare a declaration on the construction of a garage;
- cadastre plan of the land plot;
- garage registration certificate;
- we receive a certificate confirming that there are no complaints from the residents of the house;
- You also need a certificate of no claims from municipal authorities - but it is almost impossible to obtain this document.
The City Commission for Architecture and Construction will give a positive decision in two cases:
- When constructing the garage, you complied with all the necessary building codes, rules and by-laws of the municipality;
- all owners of the land plot have no claims or demands for the plot and the building itself.
Such a legal solution to the issue will cost from 7 to 8 thousand rubles and does not guarantee a positive answer. But don’t give up; if you receive a refusal, you can go to court.
How to legitimize if installed unauthorized?
In case of independent construction without permission, the sequence of actions will be as follows:
- Seeking help from representatives of the administrative corps of the municipal body.
- Receive a complete list of papers for subsequent processing.
- Collecting documents and filling out a declaration.
- Engaging the support of neighbors who can confirm in writing that there are no complaints.
- Waiting for a decision from the administrative body.
- Obtaining permits for subsequent registration in Rosreestr.
- 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.
Will the court solve the problem of installing a garage in the yard?
If you achieve a positive court decision, then neither the municipality nor your neighbors will be able to remove your garage. But, in order to submit documents to the court, you must receive a refusal from the municipal authorities.
If you are sure that your garage complies with all building standards and does not threaten people, then the court may make a positive verdict and oblige Rosreestr to issue ownership of the garage.
It is better to contact a good lawyer to resolve all the legal subtleties. Often, a legal garage in the courtyard of a high-rise building will cost the same as a spacious country cottage.
Therefore, today there is no alternative to self-building. Buy a collapsible sectional metal garage, and then “time will tell.”
