Home / Housing disputes / Transfer of residential and non-residential premises / How to transfer a garage into residential or non-residential premises
A garage in the classical sense is a closed building for parking and repairing vehicles. What to do with it: use it as a place to store a car or expand it into a living space? The answer to this question depends on the owner's goals. As practice shows, residential garages are by no means uncommon in Russia. Many people purchase a garage box with the goal of converting it into a living space. Someone wants to turn it into a store, a car repair shop, an assembly shop, a warehouse, etc.
Is it possible to turn a garage into a multi-story residential building? How to convert an object into premises for trade or business? Both cases require taking into account technical features. Not least of all is the category of land plot under the garage. We will tell you about all the intricacies of the procedure in our article.
How to convert a garage into residential or non-residential premises
It is possible to organize a garage and an apartment or house in the same room, but only if the requirements established by the Decree of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the Regulations...” are met. This is a complex procedure in which not only the design of the garage itself plays a role, but also the purpose of the land plot. Let's consider what type of real estate garages are, whether they can be converted into residential or commercial properties, and how to do this.
Based on the results of the examination, an act is drawn up, on the basis of which the authorized body issues a conclusion. A decision is made to convert the garage into living space. One copy is given to the owner; you need to come with it to Rosreestr and submit an application for amendments to the Unified State Register of Real Estate.
Federal Law of July 22, 2008 No. 123-FZ “Technical Regulations on Fire Safety Requirements” Article 32. Classification of buildings, structures, structures and fire compartments according to functional fire hazard 1. Buildings (structures, structures, fire compartments and parts of buildings, structures, structures - premises or groups of premises, functionally interconnected) according to the class of functional fire hazard depending on their purpose, as well as on the age, physical condition and number of people in the building, structure, structure, the possibility of them being in a state of sleep are divided into:
SNiP 21-02-99 CAR PARKING 3.1 Car parking (hereinafter referred to as the parking lot) is a building, structure (part of a building, structure) or a special open area intended only for storing (parking) cars. 3.2 Closed above-ground parking lot - a parking lot with external wall fences. 3.3 Open parking lot - a parking lot without external wall fences. An open parking lot is also considered to be a structure that is open on at least two opposite sides of the greatest extent. A side is considered open if the total area of the holes distributed along the side is at least 50% of the outer surface of this side in each tier (floor). 3.4 Parking lots with ramps (ramps) - parking lots that use a series of constantly rising (lowering) floors or a series of connecting ramps between floors that allow a vehicle to move under its own traction from and to ground level. 3.5 Mechanized parking is a parking lot in which vehicles are transported to storage areas (cells) by special mechanized devices (without the participation of drivers).
In the past, joining a co-op was commonplace. This made it possible to acquire a garage not immediately, but over a period of time. This method significantly saved investors money. But there was also a danger of acquiring real estate on an illegally occupied plot. This became clear much later and was a common occurrence during the harsh nineties.
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A certain list of papers is needed for movable or immovable property. Any light building that can be redirected to another location is considered movable. Such property may include a metal garage.
Real estate is something global and capital, having a solid foundation and a rigid connection to the ground, for example, a brick garage.
What does it mean?
Having acquired a new status, the premises lose the privileges that were available to it:
- You cannot register in non-residential premises;
- Cannot reside permanently;
- Utilities are calculated at commercial rates.
But it gains new advantages:
- You can place an office, store or other service facility;
- The premises can be rented out or transferred by inheritance, as well as alienated in another legal way as a commercial real estate object with more attractive economic indicators;
- This is a source of additional income.
Garage Registered as Non-Residential Premises
If it is not privatized, when the garage is sold, its new owner may not want to renew the agreement for use of the site. Therefore, privatization of the site is optional, but desirable. Refusal to register rights There are four most common reasons for refusal of state registration of rights to a garage:
What a garage is according to the law of the Russian Federation can be found out by looking at the Civil Code of the Russian Federation. It states that all residential and non-residential premises created for the location of cars are related to real estate. As well as any property that requires state registration. This can be any building that has a foundation, not necessarily residential.
Garages can be permanent, the same as a residential building, or they can also be a structure made of metal or some other non-heavy structures. Depending on whether it relates to a building or non-residential premises, the execution of documents for it may differ. Some garages are not used for their intended purpose, but for some other purpose. For example, for organizing warehouses, tire shops, car washes, car service stations or small shops.
Garages can be permanent, the same as a residential building, or they can also be a structure made of metal or some other non-heavy structures. Depending on whether it relates to a building or non-residential premises, the execution of documents for it may differ. Some garages are not used for their intended purpose, but for some other purpose. For example, for organizing warehouses, tire shops, car washes, car service stations or small shops. They can also be two-story, underground.
Unless, of course, it is demolished by decision of the city court as posing a danger to people and the environment. Even in conditions where the premises are part of a garage cooperative, it can be allocated and privatized, thereby increasing the market price of a real estate property. The final cost, as well as the design characteristics, will depend on the choice.
- Firstly, a capital version of a garage with double the usable area costs at least 40-60% more than a building built according to the usual scheme, with an inspection hole and vegetable storage;
- Secondly, the space on the first floor is significantly freed up. All the most important and expensive items, for example, expensive winter tires, tools, a metal machine, sets of spare parts for cars from experienced drivers are stored away from prying eyes and hands, behind a steel door to the basement.
Video description
The video shows the idea of creating a living space in the attic above the garage:
Option #3
Build a frame building over the garage, regardless of what material the garage itself was built from. This is also not the most expensive option for equipping housing in the garage. To do this, it is necessary to disassemble the garage roof if it has a gable structure. Or remove the screed and roofing roll sheeting if the roof is flat.
After that, a mauerlat is laid along the perimeter of the building along the ceiling - these are beams with a minimum cross-section of 150x150 mm. They are fastened together, and in the overall structure they will serve as the basis of the frame structure. The Mauerlat is attached to the garage walls with metal anchors.
After that, a standard frame structure is built, consisting of support posts with a cross section of 100x100 mm, which are installed in the corners of the new room and between them above the walls in increments of 1-1.5 m. The posts are secured to the Mauerlat with steel corners and self-tapping screws.
Then the top trim is installed. This is still the same Mauerlat, only the elements of which are laid along the upper edges of the support posts. For this, timber 100x100 mm is used. Fastening is carried out with the same products as for the lower trim. Next, the roof is formed: single- or gable. Rarely do they choose another option.
Frame superstructure over a brick garage Source paneco.com.ua
A garage is a room or building
The new bill establishes a list of documents confirming ownership of a garage property. Russian Prime Minister Mikhail Mishustin, speaking with a report on the work of the government in the State Duma on Wednesday, said that he would support the bill on “garage amnesty.”
Previously, the government of the Russian Federation submitted a draft federal law “On amendments to certain legislative acts of the Russian Federation in order to regulate the issues of acquisition by citizens of rights to garages and the land plots on which they are located.” Rosreestr, which prepared the project, believes that the “garage amnesty” will make life easier for more than 4.5 million car owners.
Conditions and documents.
The owner of the garage will need to prepare a new technical plan, which should record all the changes made. To do this, you will need to contact the BTI and invite an engineer to perform the necessary set of works.
Preparation and execution of documents takes some time, and the duration of such work is recommended to be agreed upon in advance with a specialist. According to the current rules, official papers are prepared in electronic format and then sent via internal communication channels to Rosreestr. Personal participation of the owner in such a procedure is not required, and a visit to the MFC or registration authority will only be required to obtain an extract from the Unified State Register.
To change the status of a garage, the following documents will be required:
- the applicant's identity card;
- extract from the Unified State Register of Real Estate;
- title document for the garage;
- confirmation of ownership of the site;
- technical passport for the building;
- acts of regulatory authorities, including Rospotrebnadzor, the department of architecture and the Ministry of Emergency Situations.
Receiving such an extract from the Unified State Register is evidence that the procedure has been successfully completed and the garage has acquired a different status.
Garage building or structure
- a garage attached to a house, having a foundation, a roof and solid walls, is a real estate property;
- a garage with an attic - a two-story building with a recreation room, play area or study at the top;
- a detached garage with a foundation;
- "shell"
- an unauthorized garage built from scrap materials - wood, polystyrene foam, etc.;
- brick or stone garage;
- portable metal.
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Real estate objects that are one-story buildings, structures, premises in a one-story building in which there are no other premises, with the exception of premises intended to accommodate vehicles and other material assets necessary for the operation of vehicles, are recognized as individual garages.
A lot depends on what type of building we are talking about. If the garage is considered real estate, then only documents will be needed. If it will be fixed as a light building, you need to collect another package of papers. Determining the type of garage greatly influences the process of conducting a transaction for its acquisition, rental or construction.
If the garage is not real estate, all that is required is to correctly formalize the agreement between the owner and the buyer (tenant); state registration of the transaction is not required. Otherwise, such registration is mandatory; its absence in the future may become a reason for imposing penalties.
Video description
In the video, a specialist talks about the technology of constructing a frame superstructure over a brick building:
Option No. 4
This is the easiest way. It is based on the rejection of the garage as a place to keep a car. That is, housing is organized inside the garage building. Nothing is attached or built on. They are simply doing a major overhaul of the garage space with the installation of communication networks.
If necessary, the room can be divided by a partition or zoning can be created using other methods; fortunately, these exist and are actively used by designers. The photo below just shows how they were able to properly organize the living space inside the garage. Cozy and beautiful furnishings, upholstered furniture and other accessories fit perfectly into the space.
Living room after garage renovation Source pinterest.com
Garage building or structure
Until January 1, 2022, local government bodies of settlements or urban districts are carrying out activities aimed at identifying the rights holders of individual garages and parking spaces located within the boundaries of the relevant municipalities, the rights to which are not registered in the Unified State Register of Real Estate, and providing assistance to citizens in acquiring rights on them and on land plots on which individual or collective garages are located. The composition of these measures and the procedure for their implementation are established by the laws of the constituent entities of the Russian Federation.
In this regard, when selling a parking space, it is necessary to notify in writing all participants in shared ownership of your desire to sell the share to a third party. The notice of sale of a share must indicate all the conditions of sale: price, size, payment terms, and other essential conditions.
Deadlines and costs.
The procedure for changing the status of real estate is classified as complex, therefore, to save time and effort, citizens often resort to intermediary services. The time it takes to pass depends on specific circumstances, including the technical characteristics of the object and the purpose of its future use.
Local administration specialists are given 45 days to review the application and documents. Within the next 3 days from the date of the decision, the citizen must be sent a response containing a positive or negative verdict. The preparation of projects and other necessary documentation is discussed with the organization’s specialists at the stage of signing the contract. Registration of rights to an object in Rosreestr usually takes from 12 to 14 days, which depends on the method of submitting documents.
The amount of costs is determined taking into account the following items:
- payment for intermediary services;
- garage conversion costs;
- obtaining certificates and documents;
- resolving the issue with other co-owners.
The provision of object translation services is provided by specialists of the registration authority free of charge. The cost of a redevelopment project largely depends on the size of the garage, and with a room size of about 35 m2, on average you will need to spend 35,000 rubles. The cost of preparing a technical passport varies within 1,500 rubles.
If we are talking about hiring the services of a notary, then the tariffs are determined by the tariffs of a particular office. Costs depend on the list and complexity of the work performed, the need to call specialists to the site and the distance of the object from the office location.
A garage is a building or structure
It must be said that all these restrictions apply only to permanent garages placed on a foundation. As for metal, frame and transportable concrete buildings, the regulatory documentation for garages qualifies them as temporary buildings that can always be moved at any time and to any place. The same applies to carports, so when installing such garages it is not necessary to adhere to SNiP.
A cheaper alternative to a brick garage is a garage made from building blocks . The material is cheaper, and labor costs for installation are also significantly less. There is a wide selection of blocks - foam blocks, gas silicate blocks, cinder blocks, sawdust concrete blocks. They vary in price and characteristics. The most expensive ones are very close in quality to brick.
Is it possible to turn a garage into a store and other commercial real estate?
A permanent garage can easily be turned into an object used for commercial purposes.
The most common options include:
- shop;
- a store;
- workshop;
- service center.
It is mandatory to accept the category of a plot of land for registration. If the plot is not intended for the construction of non-residential buildings, then the applicant for changing the status of the object will be refused.