Permission to build a garage and necessary documentation

You can obtain a garage permit form from your local government. It is better that before the start of construction you have a ready-made estimate for the construction of a garage, because you should know how much the construction will cost.

After all, the price of construction work is quite high. We will talk about these topics today.

After all, you will have to do a lot with your own hands and you need to know what to count on. In the video you can see all the rules for doing this work.

Is it necessary to obtain a permit to build a garage?

Citizens who receive a plot of land for rent or ownership sooner or later think about building a new facility on it.
Before starting construction or reconstruction of a premises, it is necessary to notify the local administration of future plans. Despite the fact that the site is owned by a citizen, all his actions related to construction must be approved. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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The rules also apply to garage buildings. Urban planning standards state that the owner of the site should build it in compliance with all sanitary standards. In order to legalize construction, it is necessary to obtain permission for the construction or reconstruction of the facility. Let's consider the features of obtaining permission to build a garage.

According to the civil and urban planning standards of the Russian Federation, regardless of whether a person is the owner of a site or is assigned to it by lease, all buildings that are planned to be erected on its territory must be agreed upon with the local administration. Is it possible to build a garage without a permit? Yes, you can.

There are several exceptions in the town planning code that allow construction without a permit:

• if the object does not pursue commercial purposes;
• the garage was built exclusively for household needs;
• The garage structure lacks a solid foundation.

In all other cases, the law obliges the owner of the land plot to coordinate construction with the authorities in order to avoid further disagreements. If a citizen ignored the requirements of the law and nevertheless erected a garage without notification, then the construction may be considered unauthorized.

However, if the garage is built on its own land, then most likely the object will not be recognized as such. After all, the civil code states that unauthorized buildings include objects that are erected on sites not intended for such construction. In addition, a garage is considered unauthorized if its design does not meet the requirements of building codes.

In our case, if the garage is built in compliance with all technical standards, it does not apply to unauthorized buildings. But for such unapproved construction, the administration has the right to impose an administrative fine and oblige the citizen to submit documents for a permit. By the way, in 2021 the fine for such a violation was almost doubled.

Types of objects

Any Russian can build a parking lot. First, he needs to find out on what grounds he can obtain a plot for construction. Land can be purchased from the legal owner. Information about the ownership of the allotment will be obtained from an extract from the Unified State Register. You can rent a plot, privatize it, or buy it from the local government.

In some cases, a plot of land is allocated by order of the state administration for development.

An object can be built on a legally obtained plot. It is allowed to build a parking lot on the territory of a private house or cottage. If a citizen is a shareholder of the GSK, then his garage facility is part of a linear garage complex. You can use a metal garage to park your car, without a foundation built underneath it. True, such an object is not real estate, and no permits are required for its construction.

The legislative framework

The main source that determines the nuances of the construction of residential and non-residential facilities on the territory of a land plot is the Town Planning Code.

Civil norms, in turn, determine general directions. A more detailed reflection of the rules is found in the town planning code.

The legislation of the Russian Federation determines the basic rules for the construction of garage buildings. In particular, the law requires that the owner build the structure without violating environmental and sanitary standards. In addition, the toxic environment formed in the garage should not pollute the atmosphere above established levels.

Permission to build a garage

The procedure for obtaining a building permit depends largely on where the garage will be built.

On your site

The judgment is my land, what I want is what I do, unfortunately, and maybe fortunately, is not taken into account by the town planning legislation. It is precisely because of ignoring basic legal issues that citizens are forced to pay significant amounts of fines.

The construction of a garage on your own site has a clearer regulation of the procedure for issuing a permit. The main thing is that the land is legally owned by the owner.

Otherwise, there will be no problems with obtaining a license.

A garage building society is a very common way to maintain cars. A cooperative is jointly owned, hence all actions related to its creation and operation must be joint in nature.

To begin with, the initiator of the construction of a cooperative must gather a team of like-minded people who want to take part in its construction. Each member of the cooperative in the future will become the legal owner of the share due to him.

By recruiting several like-minded people, you can form the structure of the future cooperative. It is necessary to draw up a charter that will formulate all the main provisions of the cooperative.

In most cases, garage cooperatives operate on rented land. Therefore, in order to obtain a building permit, you need to find a suitable site and draw up a lease agreement.

With your name on hand and the title deed for the property, you can apply to the municipality for permission to begin construction. The list of documents that need to be presented in each region is expanded, so it doesn’t hurt to visit the branch to get an exact list of the required certificates.

How to obtain a cadastral passport for a garage? See here.

How to get a?

To obtain a license, you must go through a sequence of actions to coordinate construction with the local administration. The owner of a plot of land goes to the administration of his settlement with an application for a permit to build or reconstruct a garage.

Required documents

Submitting one application is not enough. The applicant must collect the entire list of mandatory and related papers so that municipal authorities can issue a permit without delay.

The papers that the land owner must collect can be divided into two groups:

1. Documentation that is kept by the owner or legal entity. These certificates must be provided by the applicant himself, since the law does not provide for the possibility of their transfer through interdepartmental channels.
2. Documents that can be obtained through interdepartmental requests. That is, these are certificates that need to be requested from various organizations to clarify the circumstances of the construction.

The documents from the first group are of greatest importance, since they indicate the legality of the applicant’s actions.

First of all, the applicant must collect the following package of certificates:

1. Documents confirming the fact that the land plot is owned or leased by the applicant. Basically, this is a purchase and sale agreement and a rental agreement for real estate.
2. Planning diagram. It reflects drawings of the future object with an exact indication of its location and dimensions.
3. General layout of the land plot.

The listed certificates must be submitted to the local administration at the location of the land plot.

After 10 days from the date of filing the application, the applicant must receive a response regarding the consideration of the application.

Conditions for registration of a permanent garage.

Land plots under capital garages can be purchased as a property (free of charge) or for rent (if there is a restriction on turnover).

If the object has already been registered in the cadastral register and the ownership of it has been registered before 01.09.2021, then the provision of the plot is carried out free of charge according to the usual procedure (Chapter VI, Article 39.15 - 39.17 of the Land Code of the Russian Federation).

If the garage is not registered, then purchasing the plot is possible subject to the following conditions:

1. If it was provided or transferred by an organization or otherwise allocated for construction or the right to use it arose for other legal reasons;
2. If it is separated from a land plot to which the cooperative or the organization under which the cooperative was created has the right to use, and distributed to the owner as a member of the cooperative.

It does not matter whether the building is a separate building or whether it has adjacent walls, foundations, and roofs with other garages.

The simplified procedure is in no way connected with the fact of the existence of a cooperative (clause 2). The garage will be subject to amnesty even if the cooperative is liquidated, its existence is terminated, or the owner’s membership in it is terminated. If a cooperative or organization exists, then their consent is not required.

In my opinion, the second point is vague. And if the cooperative has a garage, but the cooperative does not have rights to the land, what then? Does paragraph 1 apply? Or will the cooperative have to deal with land registration?

It seems to me that since garages in cooperatives have been assigned the status of separate buildings, then in such cases paragraph 1 can be applied. So far there is no practice on this point.

The conditions stated above must be documented. No architectural designs are required.

What to do if these documents are not available? Apparently it is assumed that in this case nothing can be done, it will not be possible to take advantage of the amnesty and will have to go the usual way.

However, it makes sense to look at the situation a little more broadly. Neither technical passports, nor even more so receipts for payment of utilities, in any way indicate the legality of garage premises. It turns out that the whole point is in any proof of their construction before December 30, 2004.

In this context, it is logical to think about establishing the fact of construction and ownership of the garage before December 30, 2004 in court. Chapter 28 of the Code of Civil Procedure of the Russian Federation to help. In any case, it will be easier than dancing around the cooperative. However, for now such a possibility exists only in theory. We'll see how it works in practice.

True, the law provides that an additional list of documents can be determined by regional regulations, but I don’t have much hope for this. I think that we ourselves will have to look for solutions. As always, however.

Can they refuse?

Often, municipal authorities refuse to issue a permit, citing a variety of circumstances. However, practice shows that in most cases the refusal is subjective, that is, the person did not attach some kind of certificate or the information in the document is reflected with typos. Loss of vigilance often adds unnecessary trouble.

Let's consider the most popular grounds for refusal to issue a permit:

• The garage layout has irregularities. It must be remembered that the town planning code in this regard requires accuracy, so specialists from the municipality have to be refused due to a banal error in the drawings.
• If the package of documents is incomplete. This is the most common case when citizens are denied a license. It is necessary to collect all the certificates reflected in the legislation, without exception, since each document certifies various aspects of construction.
• Failure to comply with safety regulations. The Town Planning Code states that all buildings erected on a land plot, including a garage, must meet fire safety requirements and also not violate environmental standards.
• Fictitious information about the object under construction. Sometimes land owners, in order to save on tax deductions, indicate underestimated figures for the dimensions of a garage or other building. This may be another reason for a negative answer.

If government authorities decide to refuse construction of a garage, then all submitted documents must be returned to the applicant. The reason for the decision to give an unsatisfactory answer must be stated.

A citizen has the right to resubmit documents to the same authority if the reason for refusal was an incomplete package of documents or typos in the papers.

The legislation of the Russian Federation does not provide for any fees for obtaining a permit for the construction of such structures. The procedure is completely free.

If representatives of the administration, under various persuasion, demand payment for individual certificates, then you can safely write a statement to the prosecutor’s office.

Who needs to pay tax on garage sales? Information here.

How to draw up a garage rental agreement between individuals? Details in this article.

Additional requirements

At what distance from the property line can a garage be located if there is an alley on the side? Regardless of the width and intensity of the dirt road or just a pedestrian area, the house for the car should be located no closer than 3 m from the side fence and the street.

This requirement of SanPiN is based on fire safety; in the event of an emergency, transport must pass freely between areas.

Acceptable layout of the garage on the site

The provision applies to the house, all outbuildings and structures related to small architectural forms:

• gazebo;
• pergola;
• awnings;
• greenhouse;
• summer houses.

Requirements for a garage built into a house are imposed on the general principles of a permanent building

The boundaries are determined at a distance of 6-10 meters from the fence, depending on the material of the walls. For wooden houses - 15 m. It is prohibited to arrange living rooms above the garage:

• bedrooms;
• children's;
• kitchen-dining rooms;
• living rooms.

Validity

The permit is issued for the full period reflected in the project documentation. In some cases, the Town Planning Code provides for the option when local governments have the right to extend the permit period. The authorized bodies may refuse to extend the certificate if the applicant has not started construction within the specified period.

If the property has passed to another owner, the new owner retains the permit period.

In a lease relationship, the term automatically ends from the moment the contract is terminated. Also, the basis for termination of the period may be a decision of government bodies to seize land for state and municipal needs.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Do I need permission to build a garage on my land?

In the modern world, a car has become available to almost all segments of the population, but after the purchase, the car owner has a reasonable question: where to store the purchased vehicle. In standard situations, people begin to consider purchasing a garage, both on the primary and secondary garage real estate markets. But there is another opportunity to get a campervan for your car. If a citizen owns a plot of land or has a long-term lease, he can build a structure for a personal car on his own or with the involvement of professional builders. With the technical side, everything seems to be clear and simple, but what about the official part of the design of such a building? What actions are required from the owner (tenant) of the land plot? To have a proper understanding of the answers to these questions, you will need to consider all the nuances in more detail.

There are 2 paths, one of which can be followed by a person who has built a garage on his site:

• The first way will be the pre-construction preparation of all required documentation. That is, a person first obtains a building permit and only then builds a building.
• The second option would be to do the reverse sequence. First, the construction of the structure, and then the owner begins actions related to bringing the documentation into compliance with the letter of the law.

Registration of a non-permanent garage.

No special magic happened with non-permanent garages.

In the usual case, it is impossible to purchase the land under them as a property or lease.

The law introduced a new article 39.36-1 to the Land Code, which determines the possibility for municipal administrations to approve layouts for the placement of non-permanent garages (by analogy with non-stationary retail facilities).

The use of land under a non-permanent garage will be paid. At the regional level, a list of citizens who have the right to free use can be determined.

If the site is used for the needs of disabled people for parking special vehicles near their place of residence, then no payment will be charged.

Nevertheless, there is still the possibility of purchasing a plot of land for such garages. They are eligible for amnesty under certain conditions:

• it must be erected before December 30, 2004;
• the plot under it is allocated from the plot previously provided to the garage cooperative on the right of permanent (perpetual) use or re-registered for rent;
• permanent (indefinite) use or lease must be valid and not terminated;
• the space for the garage has been allocated to you by a decision of the general meeting or in another manner provided for by the charter of the cooperative.

If your garage does not simultaneously meet these conditions, then it does not fall under the garage amnesty and you cannot count on purchasing a plot of land.

In what cases is a building permit not required?

You should be aware that Russian legislation provides for cases when a permit for the construction of a garage building is not required. According to Article 51, Part 17 of the Town Planning Code of the Russian Federation, such permission is not required in the following cases:

• When the garage is not a permanent structure. Here it is necessary to clarify that this rule applies only in the situation where the garage does not have a foundation and is a metal structure, a shell-type motorhome, etc.
• The garage building was erected on a plot of land provided to an individual for purposes that do not involve entrepreneurial and commercial activities, as well as for the construction of a garden house and outbuildings, which are defined by law in horticulture.
• If the owner of a land plot and a residential building intends to build a garage in the private sector, the garage structure can be classified as an auxiliary building, and such a building also does not require such a permit.

In other cases, it is necessary to agree on a building permit.

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.

Obtaining a building permit

From the very beginning, you should define this permission in order to have an understanding of the purposes for which this document is needed. A permit to build a garage is a document that gives the right to erect a permitted type of structure, engage in its reconstruction and major repairs. At the same time, this act confirms that the design documentation fully complies with all the norms of the urban planning plan.

You should apply for permission to build a garage building from the architectural department. Some documents must be attached to the application:

• Certificate of registration of land ownership;
• In a situation where the land is under long-term lease (perpetual use), an agreement on the right to use the land should be provided;
• Land plan;
• Design documentation for a garage building.

10 days after submitting the documents, the applicant is issued a permit. In some cases, an applicant may be denied for various reasons. These may be the following reasons:

• Incomplete package of documents;
• Inconsistency with project documentation;
• The documents do not comply with the requirements and standards of the urban development plan. In such a situation, you will need to correct all the shortcomings and submit the documents again.

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.

How to legalize an already built garage

It often happens that the owner of the site built a garage, used it for some time, but did not consider it necessary to legalize this building. But due to the sale of a plot with a residential building, it became necessary for him to bring the real estate documentation into compliance with legal norms.

As a rule, this problem is resolved pre-trial, but in rare cases local authorities refuse to legalize a garage building. The reasons for this may be different. For example, a built garage is located too close to a neighboring plot of land, and the neighbors believe that their rights are being violated in this way. In such circumstances, it is recommended to study all the standards established by law. The best solution to such a problem would be a settlement agreement with neighbors. Only by obtaining written consent from them will the owner be able to resolve the issue of legalization.

The situation will be completely different if a person is confident that he has built a garage in accordance with all standards. In this situation, you should go to court. Before filing a claim, it is recommended to consult with a lawyer who specializes in such disputes. Before the trial, it is necessary to prepare evidence confirming the fact that the garage building does not violate the following points:

• The building is actually physically located on the plaintiff’s land;
• The norms and rules of construction and urban planning have not been violated;
• The rights of third parties (people living in the neighborhood) are not violated;
• Not dangerous.

If in court the plaintiff can prove all these facts, then he will win the case, and the unauthorized construction will be recognized as legal.

In recent years, legislators have been tightening the rules for legalization and, based on this, it is recommended that the procedure for registering real estate be carried out in advance.

The meaning of the garage amnesty and why it is needed.

Garage amnesty is a simple procedure for legalizing garages and the land under them. While the law is in force for 5 years, the last date of validity of the law is 09/01/2026. It is not known whether the authorities will extend it.

General gist:

There are many garages throughout the country that were built either during the Soviet period or in the 90s. Both stand-alone and as part of garage-building cooperatives (GSK). Most of them are not officially registered. As a rule, because there are no title documents that the current Civil Code of the Russian Federation requires for this.

If it was possible to register such garages, it was as unauthorized buildings. And according to a complex scheme: it was necessary to create a garage cooperative, lease land for the cooperative, then register the garage through the court and only then buy the land under it.

This is a tedious undertaking and it was not always possible to implement it. And you can’t make everyone dance such circles. The Law on Garage Amnesty makes it possible to give legal status to garages built before the entry into force of the Town Planning Code of the Russian Federation (i.e. before December 30, 2004) without such incidents.

The procedure for a garage amnesty is simple in that if there are at least some documents that, albeit remotely, confirm the legality of the placement of garages, then you will not have to go to court and complicate your life by creating a State Construction Committee.

It is important to know that registration of capital garages occurs through the acquisition of land. It is impossible to register only the garage itself without providing a land plot as part of the amnesty.

Why decorate a garage?

The question is philosophical.

If garages are included in the unified state real estate register, then:

• Legitimate property is always worth more;
• The erected garage can be inherited and the heirs will not have to prove that they are not camels;
• The owner will not be happy with the administration that where the garages stood there will now be a new apartment building, without any monetary compensation;
• There will be no problems providing electricity and the necessary utilities (if only there was money).

Disadvantage: Owners are subject to taxes. The placement of non-permanent garages is also paid.

Whether the game is worth the candle is up to you to decide.

Which garages does it apply to:

Such an object should be:

• built before December 30, 2004;
• located on state (municipal) land;
• used by a citizen for his own needs.

A garage can be a capital construction project (including one that has a common wall, roof and foundation with other garages) and non-capital.

The garage amnesty applies to heirs and persons who purchase garages under civil contracts (purchase and sale, exchange, etc.).

Legal entities and business entities cannot take advantage of the garage amnesty.

Which garages are not covered:

• recognized in court or administrative procedure as an unauthorized building subject to demolition;
• located on lands for individual housing construction, private plots or gardening;
• having an auxiliary purpose for production, industrial or commercial facilities (special mention is made of repair, maintenance and car washing);
• intended for storage of machinery and equipment necessary to support the activities of state bodies, their territorial bodies, local governments, organizations subordinate to state bodies or local governments, as well as transport organizations;
• located in apartment buildings and commercial facilities;
• in the manner prescribed by Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

The news is also sad for owners of underground garages. Such objects cannot be legalized within the simplified procedure.

A number of interesting points:

• The term “garage construction for one’s own needs” was introduced, which, according to all regulations, replaced the concept of “individual garage construction”. Garage boxes are simply recognized as garages and these concepts are equivalent.
• The concepts of “garage cooperative”, “garage construction cooperative” and “garage consumer cooperative” are now also equivalent.
• For “Chernobyl survivors,” the right to priority entry into cooperatives was changed to the right to priority provision of land.
• Disabled people received the right to an extraordinary receipt of land free of charge near their place of residence for the placement of non-permanent garages or for parking technical means of transportation, without acquiring it as property. It is interesting how this will be implemented in large cities, for example in Moscow.
• The status of independent buildings is assigned to one-story blocked garages, even if they have common walls and roofs with other garages.
• If the owner has submitted an application for the provision of a site within the framework of this law, the administration, until the end of its consideration, cannot recognize the garage as unauthorized and decide to demolish it.
• If your property is located in a territorial zone, the town planning regulations of which do not provide for the corresponding type of permitted use, then this circumstance is not an obstacle.

Legislative regulation

Issues regarding the construction of garages and their cadastral registration are regulated by the Civil Code of the Russian Federation:

• Art. 222 – regulates the concept of unauthorized construction;
• Art. 52 – defines the algorithm for obtaining permission to construct a capital facility;
• Art. 263 – regulates the rights of owners to build on the territory for individual housing construction;
• Art. 8 – regulates the conditions for the legalization of unauthorized buildings.

In the matter of registering a garage on a plot of land, you can also rely on the provisions of Federal Law 93-FZ On the Dacha Amnesty.

Legal acts

According to Article 51 of the Town Planning Code, to obtain permission to build a garage structure, you must contact local authorities. You can contact the MFC with the same question.

The issuance of various types of permits is regulated by local regulations adopted at the village or city level. Work that does not require any permits from local authorities is described in Federal Law “On Architectural Activities” No. 169.

Having permission, any Russian will be able to register an object in Rosreestr, then sell it, donate it or pass it on as an inheritance. If permitting documentation is not received, the citizen has no legal rights to the erected structure. At any moment it can be demolished by order of the local authorities. He will not receive compensation for the demolished object. The unauthorized developer himself will be required to pay a fine, in accordance with Article 222 of the Civil Code of the Russian Federation.

Do I need permission to build a garage on my own property?

You can start building a garage on land intended for construction of individual housing construction without permission under the following conditions:

• placement within the area of ​​the site or the territory of the garage cooperative;
• there is no commercial interest in construction;
• The building being erected will be an auxiliary building, not intended for residence.

ADVICE! According to the law, you do not need to obtain permission to build a garage. However, it is recommended to formalize it in order to protect interests in the event of conflicts and disputes with the owners of neighboring territories.

Which buildings are covered by the dacha amnesty?

The dacha amnesty is a simplified option for registering real estate with the Unified State Register of Real Estate. Applies to the following types of buildings:

• land plots allocated for individual housing construction or personal farming;
• plots that are part of garden partnerships and garage cooperatives;
• private houses;
• garages;
• canopies, gazebos, terraces and other non-capital construction objects.

Before registering an object built on his site, a citizen should find out whether it falls under the terms of the dacha amnesty. To obtain such information, the owner contacts the BTI or the municipality with a corresponding request.

Registration of a garage under the dacha amnesty

To register a building with Rosreestr, a citizen must perform the following sequence of actions:

1. Make a statement.
2. Collect the necessary list of documents.
3. Submit an application to the Unified State Register of Real Estate.
4. Receive a statement confirming successful registration.

The application review period is 10 working days.

The owner can submit documents in the following ways:

• in person to the Rosreestr branch;
• by mail;
• on the official website of the Unified State Register of Real Estate;
• use the services of a representative.

IMPORTANT! When submitting an application by a representative, a notarized power of attorney is additionally required.

When registering a garage on a land plot for individual housing construction in a simplified manner, payment of state duty is not required. A tax fee of 2 thousand rubles is charged only when registering according to the general rules.

Documents for registration of garage ownership

Package of documents required to register a building in Rosreestr:

• statement;
• owner's passport;
• title document for land;
• technical plan of the site indicating the size and location of the registered structure.

The application is drawn up in free form. It contains the following information:

• name of the institution to which the application is submitted;
• personal data of the owner of the site (full name, passport details, registration address, citizenship, date of birth, marital status);
• information about the registered object (registration method used, type of ownership, indication of the method of emergence of ownership rights, area, registration number of the site in the Unified State Register of Real Estate, location address);
• Date of preparation;
• signature;
• Serial registration number of the application (filled in by a USRN employee).

A sample application form is available here.