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?
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.
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.
How to avoid demolition of a metal garage?
In answer to our Principal’s question, we can say: Since your garage is your property, which must be confirmed by relevant documents, the administration does not have the right to demolish these garages. Even if it's the city hall. Let's understand the procedure for demolishing metal garages.
On this issue, one can rely on the explanations of the Supreme Court of the Russian Federation dated August 3, 2015, which states that when making decisions in favor of officials on the demolition of garages, courts of general jurisdiction do not always correctly make their decisions on land matters and the demolition of iron garages. This explanation follows a practice similar to your case and everything is “tied” precisely to evidence, to documents that confirm ownership.
It should be said that it is necessary to establish on whose land the garage is located. After clarifying this fact, you can try to conclude a lease agreement for the land plot so that the mayor’s office cannot demolish it without reason.
We need to find out at what point the garage has been on this land. And build on this when concluding a lease agreement with the land owner.
However, in accordance with paragraph 1 of Article 76 of the Land Code of the Russian Federation, actions that violate the land rights of citizens and legal entities or create a threat of their violation can be stopped by, inter alia, restoring the situation that existed before the violation of the right and suppressing actions that violate right or creating a threat of its violation.
By virtue of paragraph 2 of Article 76 of the Land Code of the Russian Federation, unauthorized occupied land plots are returned to their owners, land users, landowners, tenants of land plots without reimbursement of costs incurred by persons guilty of violating land legislation during the illegal use of these land plots.
If you really can’t come to an agreement with the administration regarding the lease, then you are powerless here. If you do not dismantle the garage in due time, you will be held administratively liable and subject to an administrative fine, in addition, the administration will vacate the land plot through the courts (Appeal ruling dated May 23, 2019 No. 33-3014).
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.
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.
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 in practice?
However, the abundance of garages in the courtyards of apartment buildings sows doubts that everything written on paper is being observed. Let's go by the opposite: the garage already exists, we need to legalize it
. Article 222 of the Civil Code of the Russian Federation states that unauthorized construction is any structure created without permission, in violation of town planning and other norms. Part 3 of the norm states that the right to self-construction can be recognized by the court if the following requirements are simultaneously met:
- the “self-builder” has the right to the site where the structure is located;
- the building meets legal requirements;
- preservation of the object does not contradict the interests and rights of other citizens and does not affect safety.
So, there’s only one thing left to do: you need to acquire a property right to the plot
where the garage is located. It is necessary to find out who owns this “piece of land” and buy or lease the property in accordance with the procedure established by law. Without fulfilling this point, everything else is meaningless. Accordingly, if you want to build a garage in the yard, you need to start by renting a plot of land.
It may belong to the city, operating organization, or company. You will have to contact the local administration to resolve this issue. There must be a good reason to build a garage. As a rule, concessions are made only to disabled people or honored pensioners
. I could not find recent statistics for Moscow, but as far as I know, in recent years there has been no individual construction of garages in the capital.
Based on records from many years ago, along with acquiring land rights, owners made technical certificates of their structures and conclusions about the safety of structures. Then they filed claims against local authorities for recognition of the right to property. If the verdict was positive, they went to Rosreestr and recorded the right there
.
How much does it cost? I think it's very expensive.
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.
- 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.
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.
Source
Permission to install a garage: how to obtain
This eternal problem of all car enthusiasts - where to put their favorite car to spend the night or spend the winter - has given rise to such a phenomenon as squatting, which the municipal authorities of all big and small cities are stubbornly fighting against. Due to the shortage of capitally built garages and land plots for them, a fashion has appeared for clumsy and not very aesthetic shells, which are also not liked by those in power, but these temporary car sheds can at least be dragged from place to place, providing your car with rather primitive walls and a roof.
Since the problem has remained open for decades, renting a good garage legally is also not easy; car owners are trying to get out as best they can .
Someone keeps a car in the yard, someone rents a garage far away, and someone gathers all their will into a fist, and all the money into their wallet and goes to the offices of power in search of a place for their own development.
And how much land, it would seem, is needed for a garage - a small piece of land. But it’s also difficult to tear his municipality from his heart. And not always, because it’s a pity, but because in the context of expanding megacities, free land is becoming an increasingly rare occurrence.
Ways to solve the problem: legal and illegal
To provide your car with a more or less suitable room for storing it, our car enthusiasts can use two methods:
- Obtain official permission to install a garage by renting the appropriate land share, which can later be purchased from the municipality.
- Spit on all the requirements and build a garage on your own without permission.
Both the first and second methods have their drawbacks. With the legal method, you can get rid of endless visits to various officials in various authorities - obtaining permission legally is not a matter of one day or even one month.
If you seize land by yourself and install a garage without the knowledge of the local authorities, you can expect that at any moment they will be required to demolish it. The hope that the building will not be noticed and the intruder will not be identified is very fragile. The municipality counts every piece of city land and, accordingly, each plot has its own plans, into which the presence of your garage does not fit at all.
Summary: a garage in the courtyard of an apartment building is a utopia
So, in order to obtain ownership of a plot and a building permit, the potential owner needs to go through the circles of bureaucratic hell. Or have connections in the local administration, which is much more realistic. Advice written on the Internet, including on the sites of reputable law firms, looks comical. But it is a fact that we cannot do without the help of legal experts.
Compliance with the law in large cities is vigilantly monitored by the Commission for the Suppression of Self-Building, which is jokingly called the CPSU. The complex procedure and the virtual impossibility of legitimizing the building demonstrates that in megacities it is almost impossible to acquire such real estate.
But there is a way out: you can rent a garage in a cooperative not far from your home. Or give up the car and use car sharing.
Own garage on your own site. Let me build!
If you have owned a privatized or rented plot of land for a long time, then there will be fewer problems with the construction of a covered parking space.
If your garage idea does not go beyond the notorious shell (awning), then permission to install such a lightweight garage will not be needed - it is perceived as a small architectural form and is similar to installing a tourist tent.
But if you want to provide your car with a permanent home with all the characteristic characteristics - a foundation, good walls and a roof, then before starting the project, contact the department of architecture and urban planning for permission to conduct construction work.
After completion of construction, you will need to put the facility into operation, providing the newly constructed garage for inspection by representatives of government agencies. If they have no concerns about the safety of your new garage, you will be able to obtain a certificate of occupancy.
Where can I complain about an illegally installed garage?
You can complain about an illegally installed garage to local authorities, namely to the department that checks compliance with land legislation by citizens and organizations (in Yekaterinburg this is the land committee of the city administration).
Based on the results of the inspection (if a violation is detected), a decision is made against the violator to impose an administrative penalty in the form of a fine. Unfortunately, this measure often does not stimulate the citizen to eliminate the violation.
In addition, the solution to this issue is further complicated by the fact that it is not always easy to establish the identity of the offender. The applicants themselves can make this task easier by providing the last name, first name, patronymic, state number of the vehicle or the address of residence of the citizen who owns the illegally installed garage.
USEFUL : watch the video with the rules for filing complaints, and also order from us the registration of this appeal to the regulatory authorities
How to find a free plot
The most important condition is the availability of land . But if you don’t have the luxury of a tiny plot somewhere in the backyard, you can rent it from the city council. The costs incurred in this case will be significantly less than paying for parking services.
When choosing a place for a garage, take a walk around your area and, with the eyes of a professional, evaluate which area may best suit your needs.
During your visit to representatives of the City Council, find out how much their proposals coincide with your desires, and choose the most optimal option from the ones offered.
A shell in the courtyard of a high-rise building. How to get permission?
Richer car enthusiasts consider awnings to be crap and do not recognize them as garages at all. And among modest car owners, the shell is very popular because of its affordable price and mobility - if there is a threat of demolition, a lightweight awning can be moved to a safer area in a matter of hours.
The courtyards of high-rise buildings have continued to be decorated with ridiculous, but very convenient shells for a decade now. How to get permission to have such a garage closer to home - in your yard?
In almost every city whose authorities respect the aesthetic appearance of courtyards and streets, temporary garages cause some irritation among municipal representatives due to their insufficiently beautiful appearance. And if the authorities somehow tolerate the presence of long-established shells in the city landscape, they do not welcome the appearance of new ones at all and issue permission for their installation with great reluctance.
Only disabled people of groups 1-2 suffering from diseases of the musculoskeletal system a preferential right to install this type of garage as close as possible to the apartment
It is unlikely that it will be possible to put up for sale a garage installed under a benefit, unless the buyer turns out to be an equally disabled person living next door.
If you omit preferential conditions, then check with your local city or district council for information about the rules for installing shells on a general basis - such decisions are made there.
If your negotiations with officials are successful, this is not a happy ending. You will need to ask permission from the residents of your house by organizing a general meeting.
Where to go for permission and how long to wait for it?
Patience, patience and more patience - this is the only advice that can be given to a car owner who is starting a long journey to obtain permission to install a garage. It doesn’t matter that you live across the street from the city council or some other authority, your path to the truth will last several months in any case.
After all, the main principle of the work of all our officials, without exception, is unhurriedness and imposingness, which gives rise to such phenomena as documents being left behind, and sometimes their loss.
To ease the ordeal of a car owner, here are step-by-step instructions for action.
Prepare and submit an application addressed to the chairman of the district council or city council
- . Attach documents to it: a copy of your passport, certified by a notary, and a passport for your car. You can also get a certificate stating that you do not have a permanent parking space and really need it.
According to the law, your application should be considered no more than two weeks, but practice shows that officials are in no hurry to create conditions for city residents. Therefore, take the position of an active waiter: visit the council more often, ask how your issue is progressing.
- Sign a lease agreement for the land plot . This visit will take place at your local land department. Here, too, everything is slow and drawn out. The legislator has allocated 2 months for consideration of applications from citizens, but they have never fit into this time frame, justifying it by the fact that it takes much more time to prepare technical documentation.
If there is a garage, but no permit...
In Soviet times, garage squatters flourished. Its remnants still exist today and people are simply fighting for the right to a house for their car, even if it was obtained illegally.
In order not to prove something that does not exist (your rights, that is), legalize the object. The authorities will meet you halfway if:
- the garage does not pose any threat to the safety of citizens;
- the land plot on which it is located is not planned for other municipal buildings.
In Russia, buying an apartment with a subsidy is several times less popular than a regular deal, but not at the request of citizens...
How to force the garage to be cleaned?
Only a court can force a citizen to remove a metal structure.
Both the owner of the land plot (whose rights have been violated) and his authorized representative have the right to file a claim.
Thus, if the site belongs to the owners of an apartment building, then the owners of the building themselves can go to court. If the territory on which the metal structure is erected is municipally owned, then the administrative body initiates the legal process.
Permission required to install a garage
Every car owner dreams of having a garage. It's much easier to sleep when you know that your car is protected from bad weather, thieves and vandals. Due to the constant increase in the number of vehicles, the coveted structure is becoming increasingly difficult to buy. The cost of a ready-made motorhome is constantly rising and not everyone can afford it. It is much cheaper to build it yourself or install a temporary iron shell (awning). The question remains: where to get a free plot of land (preferably closer to home)?
Car enthusiasts solve the problem in our country in two ways:
- They seek official permission to install a garage and rent (if possible, then buy) a plot of land. The procedure for obtaining permits is painstaking and requires running around between different authorities, but it legalizes the construction in the eyes of numerous regulatory authorities.
- Car owners are unauthorized and, without approval from municipal authorities, install a garage wherever their heart desires. Alas, the expectation that no one will notice the catch is not justified. The squatter building will sooner or later be discovered and demanded to be demolished.
It should be noted that the practice of self-seizure of territory is becoming less and less common, since violators are identified very quickly. The limited space of cities forces municipal authorities to jealously guard the lands entrusted to them.
Every now and then loud scandals arise over the demolition of garages built without permission in Soviet times. No one wants to lose comfort and convenience, even if obtained illegally.
In order not to fall into the category of fighters for pseudo-justice, the potential owner of a motorhome should document his right and officially receive a plot of land.
Are you building a garage on your own site? Don't forget about the building permit!
The easiest way to acquire a parking space is for the owner of his own plot of land. But this advantage must be used correctly. If we are talking about a temporary shed without a foundation (a metal awning), then permission to install a garage of this type is not required. But if you plan to build a permanent structure (with a foundation), you will have to contact the local architecture and urban planning authority. By presenting a number of documents (see the garage registration section for the full list), you will receive a building permit and upon completion of the work you will put the building into operation.
It’s easier to say this: government control authorities check your plan and the finished structure for safety and compliance with all building standards. Only in this case can the constructed garage be registered by receiving a certificate of ownership.
If the construction was carried out without obtaining a building permit, it will be classified as unauthorized. What does this mean? The land plot will be frozen due to the undesignated property on it. It and other structures located there cannot be sold without the legalization of unauthorized construction .
How to put up a garage
If ready-made garages are not sold near your house, then the main option to acquire your own building for storing your car is to build it yourself. Getting a garage space is not an easy task. In the capital it is almost impossible to do this, but in other cities it is quite possible. In this article we will not touch on construction and engineering aspects, but will look at the legal side of the issue.
Search for a site for construction
We have already written about how to register a parking space, now we will figure out whether it is possible to install and officially register an individual detached garage where it will be convenient for the car owner. You need to start by finding a suitable place for construction. The main requirement for the site is the absence of utility networks on it, below it and nearby. If water supply, sewer, gas pipes, power cables and other similar communications are laid underground, then no buildings should be erected above them or within a few meters nearby (the size of the right-of-way depends on the type of network). If the site you like is located in the local area, then the garage cannot be placed on the lawn, sports or children's playground, near a boiler room, transformer box, etc.
In order to find out whether the selected area has utilities, you need to request technical documentation from the local administration (it can be in the housing and communal services department, the department of the chief architect or the capital construction department). If there are no communications, then you can start searching for the owner of the land.
Determination of land owner
A site may have three options for ownership. The most common case is that the land belongs to a municipality, which is managed by the local administration. You need to contact the department/department of property/land/land use or directly to the head of the administration with a request to lease a plot for the construction of a garage on it for the purpose of personal non-commercial use.
The maximum lease period for land in Russia is 49 years, but more often plots are provided for a shorter period (from several months to several years), and the terms of extension are specified in the contract. The administration needs a short period to make it easier, if necessary, to oblige the tenant to remove his building from the land. You also need to keep in mind that lease agreements lasting more than a year are subject to mandatory registration with Rosreestr.
If the site is located on the local area, which is in common ownership of the residents, then permission to build a garage must be asked from the neighbors personally or at a general meeting. Everyone must agree, and if someone doesn’t want to see someone’s garage under their windows, then there won’t be one.
And the third option is that the site is privately owned. For example, this could be the land of an enterprise, a farm, or an ordinary citizen. Then you need to negotiate with the owner about whether it is possible to put a garage there and under what conditions.
Garage project
To obtain a building permit, you need to create a garage project. This is technical documentation describing the future building (dimensions, material of manufacture, design, method of opening gates, etc.) and its position on the site.
It is better to order such a project from organizations recommended by municipal authorities. They know most of the pitfalls. If you contact a random office, there is a higher risk that the project will be rejected.
The finished project must be agreed upon with the chief architect of the territory or an official performing similar duties. Once approved, a building permit is issued.
Construction of a garage
Having received approval from the administration, you can begin building the garage. It doesn’t matter who carries it out - a professional company or the car owner himself - the main thing is that the result complies with the project and does not violate any urban planning regulations.
Upon completion of the construction of the garage, it should be put into operation by passing the selection committee and drawing up the corresponding act with the local administration.
Construction status
Most of these actions are necessary for the construction of a capital structure - a garage, which will be considered a full-fledged piece of real estate. The main feature of such a building is the presence of a foundation. Such a garage must be registered in the Unified State Register of Real Estate (USRN), providing all title documents for the land, structure and cadastral plan of the property.
Light metal structures such as “shells” are not considered real estate because they are not connected to the ground and can be moved while maintaining their consumer properties. To install them, a flat piece of asphalt or a concrete slab is enough, although some make do with bricks dug into the ground in the corners of the garage. Permission from the authorities to install such a garage is not required. But you need to register the land under it - obtain consent for installation from the owner, arrange a lease or purchase the plot as your own. Therefore, the clause “Determination of the owner of the land” cannot be avoided here.
What happens if you don’t register anything?
There is an extremely high probability that an unregistered squatter building will be demolished (Article 222 of the Civil Code of the Russian Federation). Or rather, the one who built it will be obliged to demolish it or pay for the demolition. After making a decision, the local administration sends the owner of the unauthorized building a requirement to demolish it within a certain period (it cannot be longer than 12 months). If the identity of the owner is unknown to the authorities, then an announcement about the planned demolition of the unauthorized building is published in the local press and on the official website of the authorized local government body. Then either the owner will show up and receive a demand for demolition, or in two months the building will be demolished at the expense of the budget.
Moreover, the threat of demolition applies even to those buildings that were erected on a plot of land owned by the owner of the garage, if he did not receive permission to erect a capital structure or violated construction standards.
The law leaves the possibility of registering an illegal building if the owner has the right to build on this land plot (that is, the land is his property or leased), there were no significant violations of urban planning regulations during its construction, and it does not pose a threat to the life and health of citizens ( this is established by the examination), and also does not violate the rights and legally protected interests of other persons. Then the construction can be legalized through the court.
All of these steps seem very simple in theory, but they are extremely difficult to implement in practice. Moreover, difficulties increase in direct proportion to the number of residents of the locality. In the capital, a private garage is an incredible rarity; the emergence of new buildings is impossible. In small towns, the situation with vehicle storage depends on the policy of the administration, which sometimes finds it more profitable to rent out empty land on the outskirts and prohibit construction closer to the center.
Basic standards applied in the construction of garages:
• SP 113.13330.2012 “Car parking” (updated edition of SNiP 21-02-99). • GOST 30403-96 “Building structures. Method for determining fire danger." • SNiP 21-01-97 “Fire safety of buildings and structures” (as amended No. 1, 2). • SP 42.13330.2011 “Urban planning. Planning and development of urban and rural settlements" (updated edition of SNiP 2.07.01-89). • SNiP 2.04.05-91 “Heating, ventilation and air conditioning” (as amended No. 1, 2, 3).
What is needed to obtain permission to install a garage?
The main condition for success is the availability of land. Let's assume you don't have your own share of land. There is only one way out - rent it from the municipal authorities. If you calculate the costs, then this option is much cheaper than a poorly equipped parking lot. The problem is that there are a lot of people interested. But not all cities have the same situation, so go for it!
ADVICE! Take a critical look at your living area and take note of the areas that you think would be the best fit for your garage location.
It should be noted that any plot of land has its own address, even if there are no houses nearby to navigate by. It is better to clarify such data with the regional government authority. There you can also find out: do your assumptions coincide with the planned distribution of land shares?
In some cases, the construction of capital and non-permanent motorhomes is completely prohibited (transition zones, playgrounds, driveways, landscaping and road construction plans, etc.). They will point you to free places where you can apply for a parking space, but it is possible that they will be located far away, on the periphery of the city.
Is it possible to obtain permission to install a metal garage in the courtyard of a high-rise building?
The most tempting garage place for residents of high-rise buildings is the courtyard of the house. It is unlikely that it will be possible to build a good garage here, but there is a more simplified way.
A metal awning (shell) is an economical option for shelter for a car. It does not belong to the category of capital structures, the construction of which requires solid documentary support. This is a temporary garage that can be moved from place to place without compromising its integrity.
The disadvantage of the shell is its unflattering appearance. Almost everywhere, local authorities are determined to get rid of relics by abolishing temporary shelters from residential areas. Due to the exception, permission to install a metal garage in the yard near a multi-story building is granted to disabled people of groups 1-2, whose diseases are related to the musculoskeletal system. It is impossible to legally sell a subsidized campervan, except perhaps to a similarly disabled person living nearby. If the purchase and sale transaction is completed illegally, then the new owner will only use the garage with bird rights.
The local government district of each city decides on the rules for installing shells, so find out first-hand whether you still have the opportunity to add a metal temporary shed to your yard. If so, be sure to organize a meeting of homeowners to hear their agreement. It doesn’t hurt to find out the location of hydrants and utility passages that impede installation.
Conditions for leasing municipal land for permanent and non-permanent garages
Municipal authorities issue permits for the installation of metal garages only on the condition of a short-term lease of land (from 3 months). Such a meager period is due to the fact that their plans do not include decorating the city with clumsy metal shells for a long time. Therefore, owners of temporary buildings should understand that their garages will sooner or later need to be cleaned.
As for capital motorhomes, they are built to focus on sites with longer rental periods (1-5 years). The ideal option is to privatize the land share.
In case of interruption of the lease agreement, the owner has the right to expect compensation due to the damage caused to him (it is impossible to move a capital structure). On the other hand, the location of the proposed site may not always suit the car owner due to the distance from the house.
What will happen to an illegally built garage?
Again, let's go by the opposite and ask how the authorities react to self-building? The more expensive the land, the more efficient the officials. Ahead of all of Russia is Moscow, where dozens of illegally erected structures are demolished
. Of the latter, at the end of October 2021, a garage was demolished on Gruzinsky Val, although in appearance it more closely resembles warehouse boxes.
Source: napresne.moscow
An even more significant incident occurred in the north-west of Moscow. The organization leased a warehouse complex at the address: st. Svobody, 35 building 12B. A garage was added to it, where a car wash and storage space for trucks were installed. The Moscow State Real Estate Inspectorate identified this flagrant violation and promptly took action. Result - the garage was destroyed
, and the territory “is used strictly for storage purposes.”
In large cities, squatter development will not last long; sooner or later it will attract the attention of authorized bodies. The prosecutor's office, local administration, State Fire Inspectorate and many others can initiate proceedings. It is easier to build on private property without permission
, but even here the tentacles of government surveillance can penetrate.
What do you need to do to get permission to install a metal garage?
Despite the huge number of new construction technologies, metal shells do not lose their popularity due to their affordable price. Car owners are not even embarrassed by the prospects of living on the wick, when the lease agreement may not be renewed at any time. If the construction of a capital structure is beyond your means, then there is no other choice.
The permitting process can take several months. But if you understand the essence of the procedure and trace the dynamics of the process, then it is quite possible to speed it up. After all, the main problem of our authorities is the loss of documents. A car owner interested in getting a garage space must be patient. He will:
1. Submit an application to the head of the district government.
It is accompanied by documents confirming your identity (a notarized copy of your passport) and the presence of a car. It will not be superfluous to provide a certificate stating that you do not have a garage or a permanent parking space in your area.
The processing time for your case is 2 weeks. But in practice the process is delayed. The head of the council must coordinate the decision with the GSK (garage and parking commission) and the APU (architectural and planning department). You understand that the more officials are involved in decision-making, the longer the papers will wander around their offices.
Do you really want a garage? Actively participate in knocking out the document. Constantly visit the officials responsible for your case, find out when the commissions will meet to discuss your issue.
2. Sign a lease agreement for the land plot.
Your next visit is to the local land resources authority. This is the most problematic and longest stage. The established period for receiving the contract is 2 months. Naturally, here too these frameworks are relative. A lot of time is spent on preparing technical documentation for the site.
You will have to prepare a package of documents again: an order for the allocation of land, a photocopy of your passport, driver’s license, a copy of the vehicle’s registration certificate and the original certificate of registration.
Papers for obtaining ownership of a garage
After construction is completed, it is necessary to take care of the ownership rights to the structure.
It is also necessary to register those buildings for which construction permits are not required . This will confirm the fact of ownership of real estate, and therefore allow them to dispose of it in full.
Depending on the type of garage, you will need to select a certain package of documents to register the building and ownership of it.
You can submit documents:
- personally;
- through a representative (then you will need documents confirming his authority);
- by mail;
- through MFC.
The results are obtained using the same methods.
To a separate building, on your own land
If a detached garage was built on land allocated for individual housing construction or other non-commercial use and does not violate the purposes for which the site was allocated, then it will require a very small package of documents:
- Certificate of title to a land plot.
- Garage declaration in two copies.
- Owner's passport.
- Technical plan prepared by a cadastral engineer.
- Extract from the Unified State Register of Legal Entities (if ownership is registered in the name of a legal entity).
- Receipt for payment of state duty.
According to Art. 333.33 of the Tax Code of the Russian Federation, the state duty for such registration will be 2 thousand rubles for individuals and 22 thousand for legal entities.
On the ground or first floor of a private house
If the garage was built as part of a house, then additional registration of ownership of such a structure is not required. It is considered a room in a house, the ownership of which will have to be registered one way or another.
In a garage-building cooperative
To register ownership of a garage located in GSK, you will need much more documents:
Application for state cadastral registration of real estate and (or) state registration of rights to real estate.- The applicant's passport or other identification document.
- Extract from the Unified State Register of Legal Entities (if ownership is registered in the name of a legal entity).
- Receipt for payment of state duty.
- A certificate of full payment of share contributions, which is signed by the chief accountant of the cooperative and an authorized person.
- A document that confirms the right to pension savings.
- Constituent documents of the cooperative, including all changes and additions.
- A document confirming the authority of the person who signed the certificate (we are talking about an authorized person, and not about the chief accountant of the cooperative).
- A document confirming GSK's ownership of the land.
- Permission to put into operation a facility built after December 30, 2004 or an acceptance certificate for a facility built before this date.
In addition, you will need to obtain a technical passport and a certificate of registration of ownership of the site. Otherwise, the structure will be considered an unauthorized construction and it will be impossible to register ownership of it.
All certificates are provided in two copies. Payment of the state duty will be the same as when registering ownership of a structure built on the territory of individual housing construction - 2 thousand for individuals, 22 thousand for legal entities.
Shell or permanent garage installed without permission: what to do?
We are talking about Soviet buildings that were erected without any permits. The cities were just being built, there was a lot of free land, so the citizens did not bother themselves with worrying about the future of their buildings. Has your squatter building been touched yet? Don't rely on chance. It is possible to legalize such a garage (amendment to Federal Law No. 93-FZ of June 30, 2006) if you enter into a lease agreement for the land plot on which it is built. This is possible when:
- the motorhome does not threaten the safety of citizens and does not violate their rights;
- The municipal authorities do not plan to use the land for other purposes.
Then, your ownership of such a garage should be recognized in court (for more details, see the section on recognition of ownership of a garage).
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.”
