Garage amnesty. How to register a land plot?

What the law says

Before building a car storage box, you should familiarize yourself with the provisions of land and civil legislation. Article 42 of the Land Code of the Russian Federation regulates the beginning of the use of a site for the construction of a garage. If within three years the territory has not been used in accordance with the conditions specified in the agreement, it loses its force.

The rules governing transactions with real estate are set out in the Civil Code of the Russian Federation (Articles 606 and 131). They say that any citizen of Russia has the right to lease a plot of land. Members of a garage construction cooperative who rent space to maintain a car have grounds for allocating the territory for temporary or permanent use.

Article 222 of the Civil Code of the Russian Federation states that a building is subject to demolition if it is located on land for which the owner does not have registered ownership rights and there are no documents.

Plots of land are leased in accordance with the requirements outlined in the Civil Code of the Russian Federation (Articles 206 and 208).

Important! Owners of garage buildings built on land owned by the municipality should consider leasing land for a garage. Otherwise, local authorities will decide to demolish the illegal building.

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.

Some subtleties of the issue

Many vehicle owners believe that the parking space belongs to them indefinitely. This is a misconception - such a rule is not provided for by law. The plot can be leased for the following period:

1. For 5 years, if the garage is movable and made of metal.
2. For 49 years, if the building is permanent - inseparable from the land.

Rent of land for a garage can be arranged in two ways: if a person is just about to start construction or the structure is already ready, and it is necessary to register ownership of the territory under it. The second option is problematic. Construction on someone else's land is squatting. You can make attempts to legalize the garage:

1. Send an application to the Commission for the Suppression of Self-Building.
2. File a lawsuit.
3. Prepare documentation for the construction retroactively.

Important! Registration of a plot for a garage located near residential buildings is hardly possible. The territory is under the jurisdiction of housing departments or house owners.

Features of renting land for a car garage

Owners who are government agencies, municipal bodies, individuals and legal entities act as lessors. Before you take a plot of land for use, you need to request papers from the owner confirming ownership.

Important! If the lessor does not have title documentation, the car owner will have to demolish the building at his own expense when the true owner of the land appears.

According to current legislation, any Russian citizen and legal entity can be a tenant. The spouse's consent is not required to complete the transaction. When choosing a territory, you must comply with the following conditions:

1. The interests of other persons must not be affected.
2. Do not damage communication systems.
3. Do not create a threat to the life and health of others.
4. Do not make changes or damage to the area where the playground is located.

Land lease is a legal procedure in which the owner transfers land for use to a third party for a certain fee specified in the agreement.

Building a garage with your own hands - where to start

First, you should answer the main question: why do you need a garage? Think about how you are going to use it, why you need it in the first place. The budget, complexity of construction, material and set of additional amenities will depend on this. The few motorists who simply need a place to store their car often choose private parking lots with a canopy or buy special metal boxes.

Small houses are transported on a tractor, their installation takes several hours. Those who want to use the garage as a warehouse, workshop or recreation area should take the construction issue more seriously. For most purposes, a strong and durable building with additional amenities such as electricity and water is required. Also take into account the specific climate of your region: construction in northern latitudes will cost more, and the technology will be more complex. Building a garage with your own hands in warm latitudes with little rainfall is easier and cheaper, but choosing a good location may be an issue.

How to obtain an allotment from the local administration

In order to be able to register a garage as a property, the owner is obliged to lease a plot for construction or privatize it.

To rent land to build a garage, apply to the city or village administration. The document contains:

1. Name of the government body to which the application is addressed.
2. Information about the applicant: last name, first name, patronymic, passport details, TIN.
3. Requests regarding the land plot: clear dimensions, location.
4. The purpose of the building that is planned for construction.
5. Purpose of use of leased land.

A copy of the passport is attached to the application. If a trusted person is involved in this matter, present a notarized power of attorney.

The authorities will consider the application within a month, find a suitable territory (this may take a long time) and make a decision, on the basis of which the applicant receives a plot for the construction of a box for storing a car. The next step is to call specialists from a land management company to draw up a land deed. Specialists will determine the coordinates of the plot, conduct a topographic survey of the area, and draw up a cadastral plan. When the papers are ready, they contact the administration again to formalize the lease agreement.

Important! Having signed an agreement with the municipality on the provision of a land plot for use, the applicant carries out, at his own expense, an assessment of the cadastral value and registration with Rosreestr.

Walling

Wooden walls - erecting beams along the perimeter (about a meter of distance between them), fastening them together in the upper plane using transverse beams. Use iron brackets to strengthen the structure. The walls should be made of long boards, having previously covered them with a primer. For additional insulation, place sheets of foam or mineral wool between the outer boards and the inner ones. Building a garage from solid logs (like a log house) is also possible, but it will cost you a pretty penny.

Brick walls are a popular option for constructing a garage made of red or white brick. The thickness of the walls varies from 20 to 50 cm, depending on the type of roof. Laying walls always starts from the corner. To level the level, use a simple water tool or a more expensive laser tool. The brick should be laid on a thick cement mortar (cement to sand ratio: 1 to 3). Brick dressing should be done with an overlap. Beautiful masonry, such as “Lipetsk” or facing bricks, is laid last and only on a strong foundation. If the garage has windows, then you should take care of concrete floors, which you can purchase or cast yourself.

It is not recommended to make large windows for the garage, as in the house. A good option would be small but wide windows in the upper third of the wall. They will provide enough light, but will retain a large amount of work space.

Aerated concrete, like brick or cinder blocks, overlaps from the corner. The construction of walls from this material is easier and faster, but the price per m3 will be higher. If you can use used materials to build a brick garage (for example, for an additional room or interior decoration), then in the case of aerated concrete it is worth choosing one specific type of blocks and purchasing a sufficient quantity of it. At warehouses or specialized sites, use a calculator to calculate the required number of gas blocks.

Rent of a plot for a non-permanent (metal) garage

Non-permanent buildings are characterized by the absence of a foundation. You can rent a place for a temporary car storage box:

1. At the city, district, village administration.
2. From a private person.
3. For a legal entity (organization).

The Land Code of the Russian Federation regulates the basic conditions of lease relations.
Owners of personal cars, members of garage construction cooperatives and members of the GSK board have the right to apply for an agreement. Employees of the municipal body or tenants decide on the issue of drawing up a land plot plan and obtaining a passport. The allotment passport for a non-permanent garage structure contains the following information:

1. Location.
2. Precise boundaries.
3. Intended use.
4. The period for which you can borrow it.
5. Square.
6. Restrictions on operation: environmental, architectural, planning.

Important! The information specified in the leasehold passport is indicated without changes in the lease agreement.

Registration of land under the garage as property - necessary documents

In this case, the developer makes a request to the administration - whether land in a certain area was allocated for construction, as well as to Rosreestr - whether registration of property rights was carried out on it; thereby finding out whether this land has legal owners.

1. When issuing a certificate, a state fee of 200 rubles for individuals and 600 rubles for legal entities is charged.
2. When going to court, the state fee for legal costs is about 500 rubles. BTI measurements - 1500 rubles. The remaining costs are associated only with the legal representation of the applicant.
3. Land surveying costs approximately 10 thousand rubles.

What is the cost of renting a storage unit?

The rent is calculated using the formula: cadastral value multiplied by a percentage. This value depends on who the tenant is - an individual or a legal entity. The coefficient should not be more than 3% of the cadastral value. Average – 2% (if the site belongs to a government agency).

When renting territory from a private owner, the amount of annual payment is calculated using the formula: the market price for the land plot multiplied by the refinancing rate of the Central Bank of the Russian Federation.

The Central Bank rate is 9.25%. The rent will be different, because... market and cadastral values ​​differ.