Permission to build a garage for a personal car

Surely everyone should know that when building a garage on a site, there are some rules and regulations that must be adhered to. Unfortunately, this means that it will not always be possible to place the building as and where you want.

In the worst case, a building built without the permission of supervisory authorities and compliance with standards will be recognized as an unauthorized construction and will have to be demolished. Let's consider how to properly place a garage on a site and what rules should be followed.

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.”

What is this permission and who gives it?

A permit for the construction of a garage structure is a document that should be obtained before the start of construction work. You can get it by writing an application to the local administration. Civil servants study the application and evaluate whether the construction site complies with urban planning plans. If there are no discrepancies and all documents are drawn up correctly, government agencies issue a permit.

This document confirms that the design documentation for the garage structure meets all the requirements of local urban planning and does not contradict the territory planning projects. Future owners of garage buildings receive permission in accordance with the requirements of the Town Planning Code.

The land plot on which the facility is planned to be built may be state or municipal property. A permit for construction is issued by the local municipality or the Department of Urban Planning and Land Relations.

In 2021, obtaining permits for construction is not particularly difficult. First you need to competently draw up a project. To do this, contact an architectural bureau. The received permit for the construction of a garage structure will subsequently give the right to register the object in Rosreestr.

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.

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.

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.

What is a building permit?

A garage construction permit (GPR) is a document issued by the relevant local government authorities and gives the legal right to erect a permanent structure in a specific location, according to a specific plan.

For any territory there is a specific development plan that establishes the rules for its development. The permit ensures compliance with the plan. In essence, this document confirms compliance with all urban planning requirements and legal norms.

The main legal acts regulating the registration of the RSG:

1. Article 51 of the Town Planning Code of the Russian Federation (Civil Code of the Russian Federation). It determines when permission is needed.
2. Local legal and regulatory acts adopted by municipal authorities.
3. Law of the Russian Federation dated November 17, 1995 No. 169-FZ, which applies to certain types of architectural activities.

Why is a permit system used? It allows you to provide:

• compliance with sanitary standards;
• fire safety of the building itself and nearby structures;
• regulation of the building density of the territory, planning the location and capacity of utilities;
• comfortable use of the territory by all residents;
• the safety of the garage owner himself.

Taking into account the tasks to be solved, specialists from urban planning organizations, fire and sanitary-epidemiological services, as well as other experts are involved when issuing RSG.

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.

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.

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.

Distances when constructing a garage

Permissible distances for construction.
The required distance from the garage to the neighboring plot, fence or other objects is determined by SNiP. The requirements are recommended, but if they are not taken into account and a complaint is received from neighbors and the administration, the court will take them into account.

Additional amendments are possible in each region, but the basic requirements for the construction of an outbuilding, which includes a garage for a car, are set out in the SNiP collection.

It is important to remember that you need to measure the distance correctly. A car enthusiast will be confident in a distance of 1.3 meters, but a specialist will see only 0.90 meters.

To avoid misunderstandings, measurements should be taken taking into account all protruding parts of the house and the basement, since every extra protruding cm will matter if a complaint is received and proceedings begin.

What is the distance from the fence to the garage?

When building a garage, the distance to the neighbor's fence must be at least 1 meter. However, this rule applies when there is no nearby building on the bordering territory. Then you will have to start not from the fence, but from the residential building and maintain a different distance - 6 meters.

There is also the opportunity to “bypass” SNiP norms and negotiate peacefully with your neighbors. To do this, you will need a documentary agreement drawn up by a notary. But it should be taken into account that if the neighbors sell the plot, the new owners may be against building outside the rules.

It is important to comply with the distance standards to the so-called “red line”. Red lines separate private areas from public areas, such as roads. According to the rules, the distance must be at least 5 meters.

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.

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.

In the courtyard of a multi-storey building

Building a garage in the courtyard of a standard apartment building is a daring idea, and every year it becomes more difficult to do it. The fact is that such land belongs to the housing office, the municipality, etc., if the apartments in the house are not privatized, to the owners of the premises in the house under the right of common ownership. Therefore, before going to local authorities, discuss the issue of construction with the “owner” of the land. If you succeed, go to the commission for the suppression of unauthorized construction with a request to legalize the garage, attaching the accumulated documents.

It will be very important to have signatures on hand indicating that there are no complaints about the construction from residents of nearby houses. Collecting signatures can sometimes be very difficult. But, if you succeed and the SNiPs are followed, the commission will make a decision on the case in your favor.

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.