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Having your own garage is the dream of many car enthusiasts. Here you can provide your beloved “brainchild” with a “roof over your head”, reliably cover it, and, if necessary, make minor repairs. In order for your dream to come true, you must first of all obtain permission to build a garage and register it as your property. The legislation of the Russian Federation in 2021 quite clearly regulates the rules of this procedure.
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.
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.
Reasons for refusal
The garage owner, when dealing with the procedure, must be prepared to refuse the request. The commission accepts the case for consideration. However, there is no guarantee that everything will go smoothly.
Legal grounds for this may include:
- lack of documents on land or directly on real estate;
- dilapidated condition of the garage;
- the owner of the property built it illegally;
- The garage is located within the territory of new buildings.
You should be aware that the registration procedure is suspended if a trial is ongoing in a specific area.
In most cases, local government does not intend to give up the site for re-registration. This is explained by the fact that they plan to use it for other purposes.
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.
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.
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.
Why do you need to officially secure a garage space?
First, let's figure out why it is necessary to legalize the building. It is known that quite a lot of people prefer to build garages without permission. They don’t want to spend a lot of time and effort collecting all the papers, hoping that there won’t be any problems later. This is the wrong approach. Let's look at the main factors.
- Some decide to build a garage on their property. However, it will also have to be legalized if the owner wants to sell it.
- Nowadays there is little free space, and illegal buildings are quickly identified. Ultimately, the garage may be forced to demolish. Of course, financial losses in this case will be significant.
- The so-called “shells” are still very popular among the population. However, such a choice is almost guaranteed to lead to problems. At the moment, they are actively fighting against the shells: the owners are forced to demolish them, or the city authorities demolish them on their own. Shells spoil the urban landscape with their appearance and occupy useful space.
Of course, it is best to take care of the official registration of the space for the garage.
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.
In a garage cooperative
Before you build a garage in the GSK or legalize an already built one, make sure that the cooperative itself is officially registered, legally, provides services and is listed as the owner of the land. If you own a membership book and there is no reason to suspect GSK of dishonesty, registering a garage will not be difficult. To do this you need:
- Ask the chairman of the GSK to issue a certificate of full payment of share contributions, in which he will indicate that he is not against the construction or legalization.
- Then, with this certificate, you go to the cadastral engineer to prepare a technical plan, who conducts a survey of the territory and the garage to make sure that the building was erected within the boundaries of the land plot in compliance with the necessary standards, if the garage is not registered in the cadastral register.
- The finish line - with the technical plan you go straight to Rosreestr.
In this case, the actions are clear and registration is a simple matter. But what if GSK does not have documents confirming ownership of the land? In this case, cooperate with other owners and raise the issue of legalizing each box individually with the help of the court. The ideal course of action would be to gather members of the cooperative and vote together on the privatization of the cooperative's land and garages. Then one claim is written from all members and filed in court. Once the court decides the dispute in favor of the members, each owner receives a technical plan. Now go to Rosreestr to register.
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.
Recommendations
According to the Land Code of the Russian Federation, a car owner can own a land plot if he acquires ownership of it from municipal authorities. The price for such a plot cannot be higher than the cadastral value, but pricing in all other respects depends on the conditions of the local administration.
Privatization of a garage can be carried out in two directions: privatization of an individual object and privatization by a cooperative.
Let's talk about some of the most popular options for designing the land located under the garage:
- Free to use. Among the experienced motorists are those car owners who were a little luckier during the Soviet Union. This refers to those owners of garages who have been allocated space for eternal use. If these car enthusiasts have a land grant certificate issued before October 30, 2001, they can privatize the land free of charge (see Privatization of land under a garage and all about it). Based on the law on dacha amnesty, privatization is carried out according to a reduced scheme.
- However, when registering such a garage, nothing happens without bureaucratic tricks. An owner who wishes to formalize his construction in the prescribed manner will be subject to strong recommendations to become a member of the cooperative. This is where the pitfalls lie! The fact is that cooperatives are not covered by the dacha amnesty.
Attention: When joining a cooperative, the full owner will become, at best, a co-owner of the share. If everything is carried out successfully, then the biggest thing that awaits the former owner is to become a tenant.
If you fall for the tricks, you can prove your case in court.
Yard garage
In almost every residential area there are unauthorized portable garages. Local authorities are currently interested in reducing such structures. And if this garage poses a security threat or infringes on the rights of other persons, there is no need to think about privatization. This is enshrined in the norms of the Civil Code of the Russian Federation.
But if you need to allocate land for the construction of a garage and the land plot for construction is located next to a multi-storey building, this can also be solved.
- Organize a meeting of residents, and if more than half of the owners agree to install a garage, you will have a real opportunity to implement this.
- Then you need to submit an application for land surveying to the Cadastral Chamber, where you will receive an answer to the question about the possible registration of the land plot of interest.
Attention: When making a decision, the type of garage, proximity of communications, territorial interchange, and so on are taken into account.
