In the Russian Federation over the past ten years, the number of cars and motorcycles has increased significantly. According to traffic police statistics, the number of vehicles has currently increased from 35 million vehicles to 60 million units.
Car owners are trying their best to protect their own “property” from various environmental influences. We are talking not only about weather conditions, but also about car thieves and vandals who strive to ruin other people's property.
The ideal solution to protect your vehicle is to build a garage.
Legislative framework and legal aspects
The Town Planning Code of the Russian Federation is the main document that sets out the rules on construction. To understand whether you will need to obtain permits for construction work, it is worth studying Article 51 of this legislative act. In certain situations, the provisions of Federal Law No. 169 “On Architectural Activities” of November 17, 1995 apply. It specifies types of construction work for which there is no need to obtain permission from the authorities.
To avoid trouble, you should familiarize yourself with the legal aspects relating to ownership of a piece of land:
- Lifetime use.
- Easement or encumbrance.
- Full range of rights, taking into account the permitted use of knowledge.
- Lifetime inheritable ownership.
Important! Sometimes, in order to obtain permission to build a garage on your site, it becomes necessary to transfer the land to the appropriate category within the framework of current legislation.
How is a permit issued?
A permit document gives the right to equip a permanent garage structure on your own site legally. A car box is a capital construction project for which a citizen is required to pay taxes. According to legal norms, before construction begins, you need to fill out the required papers and enter the future structure into the register.
To obtain approval from the authorities for the construction of a garage, apply to the district administration (architectural department) or to the MFC. The applicant attaches documentation, the list of which is established by Article 51 of the Town Planning Code of the Russian Federation:
- Identity document.
- Title papers for the land plot (extract from the Unified State Register or certificate of ownership).
- A diagram of the area where the places for arranging a car storage box are indicated.
- Urban planning plan of the land plot.
- Project documentation, including: architectural solutions, work organization project, explanatory note, etc.
If the application is approved, permitting documentation for the construction of a permanent garage structure is issued to the applicant.
Important! The municipality has the right to reject an application if the documents are incomplete. In such cases, they apply again, presenting the missing papers.
Local authorities may refuse for several reasons:
- The application incorrectly indicated the area of land and the proposed building.
- The territory where construction work is planned does not meet the requirements established by the Town Planning Code of the Russian Federation.
- The declared parameters of the structure do not correspond to those that are allowed to be built on an area of a certain size.
Important! A citizen who is not the owner of the land and the house near which it is planned to install a garage structure does not have the right to count on the issuance of a permit.
If the request is refused, all documentation is returned to the landowner justifying the reasons for the impossibility of building a garage. The refusal is sent officially by registered mail against signature, and the papers are handed over separately. The developer has the right to appeal a negative decision in the regional court.
Permission to build a garage
Advice from lawyers:
1. How to correctly draw up permission from the chairman of the Council for the construction of a garage?
1.1. Good afternoon. Guided by Art. 51 of the Town Planning Code of the Russian Federation.
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2. Do I need a project and permission to build a garage and in what case?
2.1. Good afternoon It all depends on where you are going to build your garage and whether your garage is a capital building. If on a land plot there is an individual housing construction and the garage is a permanent structure, then: From March 1, 2020, new property registration rules, enshrined in Law No. 340, came into force Federal Law. Capital construction can be legalized only after the construction (planned or completed) has been approved by the local administration. If construction work was not completed before March 1, 2020, it is mandatory to notify local authorities. To do this, you send a notification to the administration at the location of your garage that you have built a garage and its parameters, for this you first invite a cadastral engineer, he will prepare a cadastral plan for you and explain where and how to submit the notification. The administration must respond to you with a notification that your garage complies with the requirements of the law, namely: When planning and constructing a garage, you must be guided by construction, sanitary standards, and fire safety regulations. Otherwise, operation of the facility will be unsafe. The basic rules are specified in SNiP 30-02-97 with amendments relevant in 2020. Your garage must meet the following requirements: Located at least 1 m from your neighbors' property. The object is located at least 15 m away from wooden buildings (including buildings and structures of neighbors). etc. After receiving the cadastral plan and notifying the administration of compliance, you submit documents through the MFC for cadastral registration and registration of ownership of the garage with the obligatory attachment of land documents.
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3. I want to buy a garage. The only documents available are a building permit.
3.1. Hello. For non-residential premises, in order to register ownership with the Federal Registration Service, the following is required: A construction permit, a technical plan by a cadastral engineer on electronic media with a digital signature, a commissioning permit issued on its basis, documents confirming the right of ownership of the land plot under the permanent building. By purchasing a garage that is not registered as a property and not registered with the cadastral register, you are acquiring a “pig in a poke”, which, in addition, may also turn out to be an unauthorized building subject to demolition.
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4. A number of illegal buildings have been identified on the territory of the garage cooperative. People use these buildings. There are no documents for the buildings. The cooperative did not issue permits for their construction. The cooperative has a lease agreement for the land plot where the garages and these illegal buildings are located. How can these buildings be demolished and where should we go?
4.1. First, I advise you to file a complaint with the owners of these buildings demanding their demolition. And if they refuse, go to court with a claim for the demolition of these buildings. Sincerely.
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4.2. Good afternoon If state or municipal land is leased, then the tenant must demolish the unauthorized building located on it at his own expense and (or) with the involvement of funds from other persons. Such a condition is included in the contract (clause 7.1 of article 39.8 of the Land Code of the Russian Federation). In some cases, local governments independently demolish unauthorized buildings. You need to submit a corresponding application to the owner of the land plot.
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5. I bought 2 adjacent spaces for garage boxes at GSK. Construction began. How to arrange this correctly? Is a permit required to build a garage in GSK? or can I get it while construction has already begun?
5.1. Have permits and approvals.
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6. The utility block was built in 2002, there is a plan, a building permit and an acceptance certificate, it has retreated from the neighbor by 60 cm, he has built a garage right behind it without permission and the water flows into our barn. What to do.
6.1. First, contact your local government and let them conduct municipal land control. If you can’t resolve the situation this way, then only go to court.
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7. We started building garages of the second stage and for the first HS we drew up all the documents, a construction permit, commissioning technical passport, etc. then we organized our own HS with our TIN and OGRN, but we do not have the right to issue a certificate of identification and appeal to the mayor’s office, for example. we have authority. The question is how can we separate from the first GS while retaining all powers? The lease agreement was concluded with the land committee. Thank you.
7.1. Hello, the creation of the GSK can be found on this website Read more >>>
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8. My father purchased a garage in 1992, a purchase and sale agreement was drawn up, certified by a notary, and documents remained from the old owner: a building permit from the City Council dated 1982, a permit to allocate a land plot and a garage plan from the BTI dated 1982 of the year. Also, my father used to regularly receive receipts from the tax office for the payment of garage taxes. There are no recent documents available. Where to start the process of registering the right to a garage and the land underneath it?
8.1. Alexander, go to court with a claim for recognition of ownership rights, otherwise your issue cannot be resolved. But in order to help you with your claim, you need to look at the available documents that you have in your hands.
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8.2. Hello. It's better to go straight to court.
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9. We used to have a shed between our house and the neighbor’s fence. If you go into the yard, you get the letter p. Fence and house // to each other (Vertical) and a barn between them (horizontally). Now he is no longer there. My parents want to build it // for the neighbor’s fence and for our house. Do I need permission to build it and the garage?
9.1. SNiPs and distances must be observed.
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10. On the site we want to build a separate kitchen of up to 30 sq. m behind the garage. Do I need to get a building permit?
10.1. If you want to build a reliable, durable structure with a foundation and communications, you will have to coordinate your plans with the local administration (Article 51 of the Town Planning Code of the Russian Federation). Construction without approval is allowed in the following cases: The garage is intended only for personal (household) needs, and the owner will not use it for commercial purposes. The structure of the facility lacks a solid foundation.
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11. I was given in min. construction and architecture permit for a plot of land for the construction of a garage. Can I sell the plot. Already in.
11.1. Yes, you can, just don’t forget to file a tax return on your income. If the property is less than 3 years old, you may have to pay income tax.
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12. The question is: A garage was purchased in 1998. For objective reasons (the builders and the city administration gave permission to build on a site that did not belong to the municipality), they were able to register ownership only in 2019. After 2 months the garage was sold, i.e. before the expiration of 5 years, according to the document, it was owned. Question: what tax should individuals pay? person, is it possible to take into account the period of actual ownership of real estate?
12.1. You can use a deduction. The period of actual ownership will not help you.
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13. On an empty private housing plot, I plan to build a one-story building with a garage, a bathhouse, a kitchen, a living room, a bedroom, and a gazebo. Do you need a building permit? Is it enough to step back 1 meter from your neighbors?
13.1. Hello. It is necessary to send a notification to the administration of the Moscow Region in accordance with Article 51.1 of the Civil Code of the Russian Federation about the start of construction, since you are planning not to build auxiliary facilities, but a capital construction project. It is better to retreat 3 meters from your neighbors.
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14. A capital construction project—a garage building for parking and repairing cars—has been built. Currently, it is necessary to reconstruct the building without changing the design parameters. To obtain permission to reconstruct a building, is it necessary to prepare a city planning plan again (the reconstruction takes place inside the building)?
14.1. No. but it is necessary to obtain permission for internal redevelopment.
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15. Written permission for the construction of a garage along the border of the site was received from neighbors in 2014. The garage was built in 2020, according to new laws, can they force this building to be demolished?
15.1. YES, due to the norms of the Civil Code of the Russian Federation.
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16. I live on the river bank and want to build a garage outside the fence of my territory. Will they give me a building permit?
16.1. If within the framework of the law, they will not give it until this land plot is transferred to you in the prescribed manner, at least for use.
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16.2. The land behind the fence does not belong to you, if there is a street, a road there... this is ZAP-land for public use, it is problematic to build a detached garage, in addition, in the river area there are subzones that are not suitable for construction, if this is not the case, then first you need to use any available method first receive a plot of land for a garage for use, and only when all the necessary documented permits have been received will you be able to build a garage. If you start construction on your own, then when checking the current supervisory commission on the basis of Article No. 21 of Chapter 23 of the Code of Administrative Offenses of the Russian Federation, which is called “Bodies that carry out state control over the operation and protection of land plots.” you cannot avoid the sanctions provided for in Article 7.1 of the Administrative Code; these actions will be considered in relation to unauthorized construction on a site that does not belong to you.
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17. If the garage is 2000 sq. m. and with an extension of 3 floors. Owned plot. Will they give a building permit? Permitted use of the site, garage. Thank you.
17.1. The question is unclear and there is not enough initial data. The garage has already been built and needs to be legalized? Or do you want to build a non-residential building with a garage below and another 3 floors above? What is the area of the plot? Is there a general development plan? Is there a GPZU for the site?
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18. How to create a garage cooperative from existing garages? The land is not owned and only building permits and technical permits are required for the garage. Passport.
18.1. Good afternoon. You need to go through several stages. In particular, create an initiative group, prepare the necessary documents, register with the Scientific Research Institute, register the land plot, and register the State Insurance Company. For more detailed advice, you can contact us in private messages.
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19. I want to reconstruct my one-story house. The city administration has permission for reconstruction. I want to cover a wooden house with bricks and build a second floor. During reconstruction, it was discovered that the timber of the wooden house was rotten and the house had to be demolished. You need to take permission from your neighbors to build a house and build a second floor. The house borders the neighbor's garage.
19.1. Good afternoon What is the question specifically?
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20. The situation is as follows. We have a private house. We are planning to build the garage up to the fence line (without going beyond the line). Is it possible to do this without obtaining a building permit?
20.1. Good afternoon, Anna! Perhaps you just need to coordinate this with local government and fire safety authorities.
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I want to build a garage made of aerated concrete blocks on a foundation for 2 cars with a boiler room.
I want to register a garage as my own. My family has owned it for over 20 years.
Is it necessary to obtain permission to build a garage if the land plot’s purpose is: storage of vehicles (classifier 2.7.1)
If you attached a garage to a house along the fence line and did not take out a building permit, then what could be the consequences?
How can I register a garage as my property? I only have a building permit in hand in 1989, and on the back are the dimensions of the garage being built.
In 1995, there was permission to build a garage and rent land. In 1996, a garage was built but not formalized; my parents died.
The garage was built in 1990, then only a building permit was needed.
The garage was built in 1990, then only a building permit was needed.
Tell me smart people please. Here I have a commercial plot. I want to build a 200 sq. m garage on it.
In 2005, a neighbor built a garage next to the house (the land is not demarcated).
My neighbor’s garage is located on the border of the plots, and now there is a dispute about the fence on this border.
Cost and processing time
Consideration of the application is free of charge - the applicant is not required to pay any contributions to the budget.
Only the preparation of design and estimate documentation is subject to payment.
The architectural department of the local government reviews the application with the attached documentation within 10 days and makes a decision.
On land for individual housing construction, the validity period for the construction of a garage is 10 years. Sometimes they are guided by the period specified in the project documentation. To extend the period, the developer must submit a corresponding request before the end of the period indicated in the permitting documentation.
If construction work has not started before submitting the application, the extension may be refused.
Legalization of unauthorized construction
To legitimize an unauthorized building, you can take 1 of 3 possible paths:
- make all the documents “retroactively”, that is, as for a garage still under construction;
- fill out an application containing a request to leave an unauthorized structure and submit it to the commission for the suppression of unauthorized construction operating under the municipality;
- file a claim with the court for recognition of ownership rights, attaching to the application an extract from the Unified State Register stating that other persons do not lay claim to the construction, documents confirming the expenses incurred for the construction of unauthorized construction, technical documents stating that the garage does not violate environmental and fire safety requirements .
When you don't need permission
A permit for the construction of garages is not required when they have a structure without a foundation.
Car owners rarely use this method. Without reliable support, the structure will quickly collapse. Article 51 of the Town Planning Code of the Russian Federation defines other cases when it is possible to do without the approval of the authorities in order to build a box for storing a car. This is the construction:
- On plots of land that are not associated with business activities.
- On the territory intended for dacha farming.
Subjects of the Russian Federation have the right to establish other cases when the landowner may not take permission to carry out construction work.
Basic fire safety requirements for garages
It’s good when the site is large and convenient. Review the projects, choose the one you need and place buildings, gardens, and yard according to your taste. It is more difficult to equip a small and not very convenient area. It does not matter whether a summer house or a house for permanent residence will be built, such buildings as a barn, garage, summer kitchen, gazebo are always desirable and necessary on private property.
This is interesting: How to pipe gas to the property line for free
Monolithic brick fence combined with a garage
A rational approach to site planning allows you to save space and significantly reduce the cost of landscaping. One of the options for saving space is projects of fences combined with a garage. This method of placing a building has its advantages and disadvantages, its fans and opponents.
The advantages of joint construction include:
To create a single yard style, a garage and a fence with common boundaries must be made of the same material, in a common style.
Projects for the joint construction of a fence and a garage have an option when a common wall with a gate facing directly onto the street becomes common. In this case, the garage door and the gate are made of the same materials, the same color and design.
The second option is a common side wall, and the garage door is located at some distance from the fence gate. In this case, the costs of building two gates are added, but it is possible to park the car in the yard without a garage.
The garage fits best into a fence made of brick or stone; in this case, they create a single picture. Finishing of both the common wall and the rest is carried out with the same materials. A rich look is created by gates with forging elements.
Another excellent material for this type of placement of buildings is corrugated sheeting. Fences made from it have already become firmly established, and garage designs made from corrugated sheets are an innovation, but quickly adopted by car enthusiasts.
This is the simplest material for building both a garage and a fence on your own, and is also affordable.
Responsibility for illegal construction
Often, car owners do not think about how to obtain permission to build garages on their land, and begin work without approval from the authorities. The term “unauthorized construction” is disclosed in the Civil Code of the Russian Federation (Article 222). Ownership rights do not apply to such an object. The owner is not authorized to dispose of the structure: it cannot be sold or leased. All transactions with unauthorized buildings are considered invalid.
Change of land ownership
If the owner of the land plot changes, the previously issued construction permit remains in force. However, if the period specified in the permit expires, the applicant will have to resubmit the application and supporting documents to obtain a new permit.
The permit remains valid also in case of division and partial allocation of land. However, the new owner will have to draw up a new construction plan. In this case, it is quite possible to use existing estimates for the garage.
Penalties
According to Russian law, any unauthorized construction is subject to demolition. This responsibility rests with the owner of the land. For unauthorized construction, the violator is subject to a fine under the Code of Administrative Offenses (Article 9.5).
Conditions:
- When constructing an object without permits, individuals pay a fine of 2,000 to 5,000 rubles.
- Individual entrepreneurs and officials – from 20,000 to 50,000 rubles.
- Legal entities – from 500,000 to 1,000,000 rubles.
Commissioning and use of a garage is punishable by a fine of 500 to 1000 rubles for individuals. For officials - from 1000 to 2000 rubles. Legal entities are required to pay from 10,000 to 20,000 rubles.
Important! Since 2020, local governments independently decide on the demolition of unauthorized buildings. There is no need to go to court.
Within 7 days from the date of the decision, the administration notifies the violator of the need to demolish the illegally constructed facility, specifying the time frame (no more than 12 months).
