How to legalize a garage without documents?

Statistics show that the vast majority of citizens who own garage boxes are their owners only formally.

The reason is that many people often consider the need to complete various documentation unnecessary, which often leads to a number of problems.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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In practice, every such citizen should figure out as quickly as possible how to legalize a garage without land documents in 2020.

Is it possible

First of all, it is worth understanding what category the garage box belongs to, where exactly it is located, and also for what purpose the legalization procedure is being carried out.

If the decision made is unambiguous, that is, the person needs all the necessary documents confirming ownership of the specified property, then in this case he will need to prepare for a rather lengthy registration process. At the same time, it is worth mentioning right away that the possibility of carrying out such a procedure is not always provided for by current legislation.

Thus, it is impossible to privatize a garage without documents if:

• the garage is made of metal;
• the land plot on which this property is located belongs to another person;
• The land plot on which the garage is located is leased.

If the land plot belongs to the person who is going to register the garage as private property, or is located in a cooperative with already registered buildings, almost any lawyer will be able to guarantee successful registration.

In all other situations, the procedure for considering the issue will be carried out individually, and therefore it is better to consult with a qualified lawyer in advance.

Standard provisions

First of all, citizens should understand how this issue is regulated by current legislation and what regulations need to be taken into account in the process of preparing various documents.

Sample cadastral passport for land

Legal acts

One of the key legislative acts that regulates the procedure for registering private property is the Civil Code, and more specifically, we are talking about the following articles:

Also, certain norms are prescribed in Federal Law No. 93-FZ, which establishes the so-called “dacha amnesty”. In particular, this law simplifies the procedure for legalizing various real estate objects, the construction or reconstruction of which does not require obtaining permits, as well as those objects that are being built on a personal plot.

The official procedure for demolishing a garage is regulated by Article 56 of the Land Code of the Russian Federation. Read here how to decorate a garage.

How to legalize a garage built in the USSR if there are no documents for it

She is assigned a place on land owned by a citizen or who has leased it.

• The documents will have to be submitted to the Commission on Illegal Buildings; it is better to include the consent of neighbors who do not object to the construction of a garage on this territory.
• Typically, such “motorhouses” are built by the owners of garden plots or summer cottages located within the city or outside it. Most likely, the building will be designed as an auxiliary one.

Cooperative

• Members of the cooperative can most easily register a garage building if they have rights to the land from the individual housing cooperative itself. When joining such a cooperative, motorists are advised to check their ownership and constituent documents.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation reviewed the results of the dispute between the owner of an old brick garage and the city authorities on whose land it was located. The story today is typical and very common, it concerns thousands of owners not only of garages, but also of sheds and other buildings that were legally erected in the last century and found themselves almost on the wrong side of the law in the current century.

The garage was built a long time ago - in the sixties of the last century. Then there could be no talk of any private ownership of such structures within the city limits. Nowadays, the elderly owner of the garage decided to register the building as his own. But it didn’t work out for him.

I had to go to court with a claim against the officials who refused.

This is a dangerous misconception. Especially if such a building is erected on land that does not belong to you.

In this article, we will consider the main aspects of the process of legalizing a garage building, registration rules, as well as the timing of the official legalization of the building.

Ways of legalization

You can register ownership of the garage itself if this property is located on territory owned by specialized dacha or garden partnerships. In such a situation, the design of this building is carried out as an auxiliary room.

If you need to go through the procedure of legalizing a capital premises, then in this case the corresponding application is submitted to the local commission involved in the suppression of unauthorized buildings, where you will need to submit an application for registration of this premises. In addition, it is possible to file a statement of claim, which will indicate a request to legitimize the illegally erected unauthorized construction.

It is worth noting the fact that this procedure can only be carried out if the garage box was placed on the plaintiff’s land, does not in any way violate the legal rights and interests of neighbors, and also fully complies with current technical, sanitary and environmental standards.

It is possible to issue the relevant permits retroactively, when a citizen applying for legalization of a garage submits a corresponding application to the Bureau of Technical Inventory, having previously prepared an already signed declaration.

The latter method is provided only if the potential owner has the necessary bureaucratic resources and is also ready to allocate an additional amount.

How to arrange the design correctly

If we are talking about the construction of such a facility, then in this case it will be necessary to deal with the possible allocation of the land that is located under the garage.

To obtain permission you will need to perform a few simple operations:

• submit an application to the territorial department of architecture along with a site plan, a certificate confirming ownership of the land plot, as well as a plan indicating the location of the future box;
• wait the next ten days for authorized government officials to review the submitted documentation;
• obtain permission to build a garage or a refusal, which in the vast majority of cases is based on a lack of documentation provided or a discrepancy between the provided land and real estate plans and established standards (if the refusal is illegal, it can be appealed during the trial).

Thus, the procedure for legalizing a garage is not the simplest task, during the process of which many different factors must be taken into account.

If there are no papers

First of all, it is worth noting situations in which the need to obtain a permit is not, in principle, provided for:

• construction is carried out on a land plot that was provided to the owner for non-commercial purposes or is the property of a dacha and gardening cooperative;
• the building being constructed does not belong to the group of permanent buildings, that is, it can be quickly dismantled at any time;
• An auxiliary structure is being built on a plot of land that belongs to the construction initiator.

In all other situations, it will be necessary to legitimize unauthorized real estate in court.

Standards for the location of a garage on a site

First of all, SNiP standards relate to the location of the garage on the site. The minimum distance to the nearest residential building should be 6 meters, while the boundary of the site itself should not be less than a meter. This requirement relates to the fire safety of the future building; if these boundaries are observed, the flame will not spread to neighboring buildings. The location of the structure on the site and fire safety standards are closely related. Also, there must be a fire extinguisher in the garage itself, and a special container with sand must be located next to the building.

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A garage on the site is a very convenient structure that many car owners would like to have. However, many people refuse this idea due to simple ignorance of construction norms and rules. This is not worth doing, since understanding this topic is not so difficult.

Features of how to legalize a garage without documents

Depending on which category the privatized property belongs to, the procedure for legalizing such a building will directly change:

How to legalize the unauthorized construction of a garage?

A person has the opportunity to legalize a garage built without a permit. This process is not easy, but real. The situation here depends on the legal status of the land.

1. There may be situations where a garage may be owned, but the land underneath is not. In this case, the owner of the building has a priority right to the land.
2. If there are no documents at all, neither for the land nor for the garage, then it is difficult to register ownership of such a structure and can only be done through the court.

There are two ways to register an unauthorized building:

• submit a request to preserve the garage to the inspectorate for the suppression of unauthorized buildings;
• legal proceedings to recognize ownership of real estate.

A person needs to provide significant evidence:

• 
  the property was built by the applicant or on his order (with specific agreements);

• provide a technical passport;
• document that the land plot and garage building are not claimed by another person;
• prove that the building does not infringe on the rights of another person (if the garage is located on someone else’s property, the written consent of the owner or a lease agreement is required);
• prove the right to use the plot if the unauthorized building is located on land owned by the municipality (for example, provide a lease agreement or the fact of its registration).

Attention! If the land is not intended for such construction, it is unlikely to legalize the garage.

Going to court

The judicial authorities will need to provide papers confirming the construction of a garage by a certain citizen, as well as an extract from Rosreestr confirming the absence of any potential owners of this property.

In addition, you will need to obtain a technical passport describing the key characteristics of the building and its exact address, as well as a paper confirming the full compliance of the building with all environmental, fire and other standards.

After filing a claim, it is quite enough to wait for the appropriate decision to be made, and in fact, if the building really complies with the standards, in most cases the courts accept it.

Commission details

In the process of applying to the commission, you will need to obtain permits, and for some owners it may be much easier to contact the administration and go through the path of communication with various officials, since administrative decisions related to the legalization of unauthorized buildings also have legal force.

When contacting the commission, you will need to collect all possible documents for the specified self-construction, after which, if the authorized employees make a positive decision, they will start registering the real estate, that is, obtain permission to put it into operation, as well as register ownership.

Not only a garage, but also a plot of land.

It doesn’t matter whether the garage is built, will be built, or you buy it altogether, initially you must obtain the right to use the land under the building. If the garage is made of metal, then a certificate of lease or ownership of this land plot will be sufficient. This is due to the fact that such a building, in fact, is not real estate; such a garage can be easily dismantled without violating the integrity of the structure.

If you own or will build a garage, for example from brick, this will be counted as a capital building (real estate). In this case, you will additionally need a certificate of compliance with all requirements and building codes. You can obtain such a certificate from GASK.

It is also important where exactly your garage is located. At first, it seems that it is easiest to legalize a garage on your own private territory, but without checking a major garage, even on your own territory, it will be considered an unauthorized construction. Metal buildings can be installed without restrictions. If you want to build a garage near a multi-storey building, you first need to obtain permission to rent this site, and then obtain a passport from the State Construction Authority.