Who can prevent the redevelopment of the garage in GSK

How to draw up a statement of claim for recognition of ownership of a garage

• the name of the court to which the application is being submitted is given;
• the full name of the applicant is written down;
• it is indicated who acts as the defendant;
• a description of the object represented by the garage must be entered, namely its address, size and other parameters;
• the contact details of the applicant are provided, with the help of which court staff can contact him;
• it is mentioned when and on what grounds the structure was built;
• describes the reasons why the right was not registered immediately after the construction of the object.

Most often, the procedure involves going to court . This happens if it is impossible to carry out the process through Rosreestr or other government agencies. This is usually due to the fact that the owner simply does not have documents on the basis of which registration could be carried out.

How to recognize ownership of an unauthorized building

By the way, there is a paradox: if a non-residential property is adjacent to the wall of a residential building, then it will be a reconstruction and a permit will be required. If you move away from the wall, say, 10 cm, then this will be the construction of a separate object and, according to clause 17 of Article 51 of the Civil Code of the Russian Federation, permission will not be needed. However, there are some other nuances here; it’s difficult to mention them all in one article.

• Fire department permit
• Permission from the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (formerly SanEpidStation or SES)
• Decision (conclusion) of construction expertise
• Coordination with the service of electrical networks, gas utilities, and even water utilities
• Project

Garage redevelopment in GSK

Registration of cadastral passports for a garage is a rather specific procedure, since a garage box is part of the land area on which it is located. Consequently, there must be a passport not only for the object, but also for the land, therefore, there must be two of them.

Note that the garage box occupies the ground and is inseparable from it. Therefore, in addition to the cadastral passport of the garage, you will need to obtain a similar paper for the land. These documents are completely different. Without an extract from the register that legitimizes the land under the garage, any transaction with the structure will be outside the rules.

How to register a garage cooperative

• installing cars in a quantity that exceeds the norm, violating their placement plan, reducing the gap between cars;
• obstruction of exit gates and driveways;
• carrying out forging, thermal, welding, painting and woodworking work and washing parts using flammable liquids, as well as flammable liquids;
• keep cars with open fuel tanks, as well as with oil or fuel leaks;
• refuel cars and drain fuel from them;
• charge batteries directly on cars;
• warm up engines using open fire (bonfires, torches, blowtorches), use open fire for lighting;
• store household items and furniture made of flammable materials in garages;
• store fuel reserves of more than 20 kg and motor oil reserves of more than 5 kg;
• leave vehicles unattended if there is a fuel leak from the fuel tank, carburetor or gas line. Sanctions for violating these rules should include strict measures, and one of them is forced withdrawal from the garage cooperative.

This is interesting: You can register a 14 year old child for the supervision and care of elderly people 80 years old

In the vast majority of garage cooperatives, land is provided to them for construction on the basis of indefinite, in other words, permanent use. Therefore, ownership rights to these lands remain with the state (or local government). In order to become the legal holder of such a plot of land, it is necessary to privatize the land in a garage cooperative (to be more precise, buy it from state or municipal property).

Why is neighbors' consent required for redevelopment?

Apartment owners often make a number of mistakes during renovations, which can cause what they consider to be an insignificant redevelopment to be declared illegal. The consent of neighbors for redevelopment is often required, however, today there is no universally applicable specific list of works requiring consent.

• passport details and full name of the applicant (full name is indicated to the right in the genitive case, starting with the word “from”);
• place of registration of the redevelopment initiator;
• name of the document (Consent for redevelopment);
• address of the apartment where repair work will be carried out;
• date and place of document preparation;
• tenant's signature.

Garage redevelopment at GSK

Good afternoon I plan to raise the roof in the garage at GSK. My garage has a reinforced concrete slab that sits on the wall of my garage and partially overlaps the wall of the adjacent garage. When raising the roof, I plan to cover the costs of disrupting the hydro and thermal insulation of the roof of the neighboring garage at my own expense.

For what purpose are you interested? The terms “reconstruction” and “redevelopment” (as used by the legislator in the Housing Code of the Russian Federation) should refer to internal changes in existing premises (combination of apartments, transfer of wet points, demolition and construction of non-load-bearing structures, etc.), in your case it is possible talk about "reconstruction"

Adding a garage to the house

1. What documents are needed to add a garage to the house?
   The peculiarity of garages in the GSK is that it is impossible to register a single building; the owners of such garage cooperatives must act together. The matter is troublesome and requires material costs, so not all owners decide to take such a step.

   House and land owned.

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What documents are needed to add a garage to the house? House and land owned. 1.1. Hello, I need permission for reconstruction/refurbishment. 2. We made a major extension to the house, 4 m from the neighboring plot. At the same time, we demolished the old flock, canopy and veranda, which was 2 m from the fence, now the distance has increased to 4 m.

We also have a bathhouse and a garage built on the side of other neighbors.

There are 3 m to their fence. Could there be problems when preparing documents?

2.1. First, it was necessary to obtain permission for reconstruction. Now, in any case, you will have to draw up documents for registration of self-construction in an administrative manner or go to court. 3. An old corner house stands on the boundary of the plot (with the roadway); as a result of the garage extension to the house, it went beyond the boundaries of the plot by 12 cm.

Are there acceptable standards for going beyond the boundaries of the site?

3.1. Are there acceptable standards for going beyond the boundaries of the site? :sm_bw: No, such norms do not exist.

:sm_no: 4. They gave me a deed of gift for one house.

And I wrote a refusal for living space in another house (both parents),

Do I need permission to build a garage on my land?

1. Documents are issued retroactively, but as for a building at the project stage.
2. Draw up an application with a request to leave the illegal structure and submit it to the local government authorities for consideration by the commission to suppress unauthorized construction. If the decision is positive, the commission issues papers allowing construction and further commissioning.
3. File a claim in court to recognize ownership of the unauthorized construction (you can see a sample application here). Attachments to the claim:
4. papers that confirm the costs of construction by the plaintiff (agreements, acts, invoices, etc.);
5. an extract from the Unified State Register stating that no one owns the building;
6. certificates of compliance with environmental and fire safety standards;
7. technical data and characteristics of the structure that do not violate the requirements of SNiPs.

• a site owned by an individual;
• construction without pursuing profit from business activities;
• the land has a designated purpose in the form of a summer cottage or gardening;
• installation of a structure whose location can be easily changed without deforming it (a metal garage without a foundation or a parking shed).

Is it legal to build a second floor garage in a garage cooperative?

Passive income is gaining momentum. If the owner decides to build a business by renting garages, the question immediately arises of how to increase the area of ​​the building. The only way out is to add an additional floor.

Garage owners often use the premises for purposes other than their intended purpose; they bring in old furniture and things that have fallen into disrepair and which they cannot throw away.

If you build a second floor above the garage roof, you can open a workshop, art studio or gym in it. The first floor can be used for its intended purpose - for the safety of the vehicle. There are many opportunities to earn money.

The question remains open whether it is possible to build a second floor above the garage in GSK, whether it is allowed to build on a non-residential premises and turn it into a residential building.

The Housing Code provides the answer to this question. Since there are no living conditions in the garage, you will not be able to register in it.

There remains the option of renting. If you equip the second floor and install furniture, it will be possible to rent out the premises for temporary residence.

It’s a completely different matter when the garage belongs to a garage-building cooperative.

To be able to rent out the premises, you must obtain ownership of the garage.

And between

How to register a garage as a property if the land in GSK is leased for 49 years

1. GSK is a tenant, not the owner of the land . Therefore, if you decide to register a garage, you can only get shared ownership. The size of the share is calculated depending on the area of ​​one garage in relation to the total area of ​​all garages.
2. If the question of land registration arises, the owners must carry it out simultaneously . This is due to the fact that you can only buy a plot of land for a separate garage. And buildings in GSK, as a rule, are closely adjacent to each other. Because of this, they are recognized as a single array. That is why it is impossible to select a separate area. There is no need to involve all garage owners from GSK. Only those whose buildings are in the same row will need to participate.

In accordance with Art. 29 of the Federal Law “On Privatization”, a plot leased by GSK can be privatized when all buildings are registered to the owners. According to Art. 39.20 of the Land Code of the Russian Federation, indivisible plots, such as GSK lands, can only be registered as shared ownership.

Unauthorized construction and registration of garage ownership

» Date:02.21.2019Author rating4.8

Author of the articleLawyerArticles written 624 The construction of a garage for many citizens usually took place without any documents, and even now the owners are building a garage on their land without registering it. The registration procedure varies depending on the location of the building.

Having become a full-fledged owner, it will be possible not only to use the premises for parking a vehicle, but also to sell it, rent it out, or bequeath it. The construction of a garage must take place in compliance with the building regulations. For example, you need to take into account the distance to the garage from the driveway or street. It must be built in such a way that it does not subsequently disturb the neighbors.

Registration of a garage located on the owner’s land is a simple procedure. If there are no title documents for the site, then you must first legalize the land, and then start building.

On your own site, a garage is not always a separate building.

This could be an extension to a residential building. Sometimes there is even a superstructure over the garage in the form of a second floor. A garage attached to a house is considered permanent, just like a separate building that has a foundation and walls made of bricks or blocks.

If the land on which the garage is built is unregistered, then you should obtain a cadastral passport. Moreover, until March 1, 2020, this can be done without conducting land surveying.

It was until this date that the so-called dacha amnesty was extended, much

Do I need a permit to build a garage?

• If only a garage is intended to be built, then legalization occurs according to a general algorithm.
• When a plot is provided for gardening or private housing construction, other buildings must first be erected on it, which will indicate the intended use of the plot. For example, a country house or living space.
• If the site was provided for the construction of non-residential premises, for example, a store, then permission to build a garage will not be obtained.

The standard procedure is to obtain a site for which an urban development plan has been established. The owner becomes familiar with the contents of this document and contacts the construction organization to develop documentation for the construction of a garage. After this, he submits an application to the local administration for approval of the work.

Everything about the cadastral passport for a garage in GSK: how to get it and register it for registration

If you have a technical passport, a certificate of contribution of a share, a receipt for payment of the state duty and the owner’s passport, an application for obtaining a cadastral document is drawn up. All papers are submitted to Rosreestr for registration. The document is ready in 5 days.

• if the owner of the garage box decided to privatize it;
• when registering a real estate alienation transaction. This could be a transaction related to the sale, gift, or execution of a will;
• if the owner of the garage box decided to rent it out for a period of more than a year;
• to provide a garage as collateral when receiving a loan;
• if the state plans to move or demolish the GSK, then a passport is also needed to receive compensation or another garage box.

Reconstruction of a private house: what documents are needed? Permission for reconstruction

First, the owner will need to write a corresponding application and submit it to the regional department of self-government. It will need to be accompanied by a plan for the reconstruction of the building, which must be drawn up either by a law firm or by a private entrepreneur who has the appropriate license for this. In addition, you will need documents for the reconstruction of a private house, such as a detailed inventory of all work and measures to change technical parameters, as well as the consent of all family members to this process, including those living in this mansion and those who are absent. A plan with a technical passport for the house must also be submitted to the appropriate authorities. As a rule, self-government bodies consider such applications within one month.

You must remember that all of the listed services are paid. Each of the resolutions or seals on documents can take two to three months to process, since there are long queues everywhere. The owner of the house, applying for the first time, receives a notification that says on what date he is registered.

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Hello! I want to issue a certificate of ownership of my apartment, the ownership of which arose in 1991. (there is a duly registered purchase and sale agreement). After 1991, redevelopment was carried out in the apartment, permission for which I did not receive in time. Tell me, is it right for me to be denied a certificate, citing the need to legalize the redevelopment that is recorded in the cadastral plan? On the basis of what regulations was my certificate denied and where should I go to complain if I was denied illegally? I'm not going to sell the apartment yet

5) consent in writing of all members of the tenant’s family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the residential premises being rebuilt and (or) replanned under a social tenancy agreement);

We had one small garage, next door - to the right of ours there was another one for sale, we want to somehow connect them. Which organization is involved in redevelopment projects for non-residential premises? Where should I go for help?

If you bought a garage located nearby, which shares a common wall with yours, order a registration certificate for the combined building from the BTI and no one will care about what is happening inside you, whether you have a doorway there or not. It is enough to then notify about this. However, if to combine two buildings into one you have to lay out walls, the matter is more complicated and without a project from the organization (member of the design SRO), coordination with the SES, Fire Supervision, architecture, and in Moscow also the prefecture of the district. Only then can you build, and then go to the BTI. Without all this, it is unlikely that it will be possible to coordinate the redevelopment and register property rights.

We had one small garage, next door - to the right of ours there was another one for sale, we want to somehow connect them. Which organization is involved in redevelopment projects for non-residential premises?

The question of redevelopment of non-residential premises is very broad, but it has been narrowed down by the description in question (we are talking about garages).

Indeed (I agree with what has already been answered) they cut down the doors (opening) and move on with your life, this is such a trifle that there is no point in thinking about.

True, it is necessary to take into account the material of construction of the garage walls, the junction of the garages where the opening will be (load-bearing, non-load-bearing wall).

If combining garages is not limited to cutting down the opening, then we continue:

We visit the BTI, then a person from the BTI (or a commission) carries out a technical inspection of your garages to determine the possibility of redevelopment.

Issues a technical report (after examination).

Based on this conclusion, you order a project plan for redevelopment.

Next is the redevelopment work, then again we invite the same commission, which accepts the work according to the project.

At the end, again BTI and new documents taking into account the redevelopment.

The redevelopment project itself must be coordinated with the SES, firefighters, electrical networks, is there a sewerage system in the garage? If yes, then with utilities.

If your garages are located in a garage cooperative, then before collecting all the documents, first of all, get permission for redevelopment from the GSK, perhaps the cooperative will be against it, because the garages are yours, but the land under the garages is not, it is leased from the cooperative.

It is also important to know whether garages are registered as property (again, I’m talking about garage cooperatives), if not, then privatization is the first step before redevelopment.

Where should I go for help?

I would advise first of all to contact the chairman of the garage cooperative, it is from him that any “movements” related to the garage begin.

Any property must be legalized. This means that the owner of real estate must have title documents for the land, house or garage.

Many citizens are mistaken that documents are not required for economic or auxiliary buildings. This is not true. Especially if such a building is located on a site that does not belong to its owner.

How to Design a Garage Extension at the Co-op

Adding a garage to the house ▪ last name, first name, patronymic (if any), place of residence of the developer, details of an identity document (for an individual); ▪ documents of title to the land plot if the rights to it are not registered in the Unified State Register of Real Estate; ▪ A notification about the non-compliance of the parameters of an individual housing construction project or a garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of placing an individual housing construction project or a garden house on a land plot is sent to the developer only if: 1) within a period of no more than than three working days from the date of receipt of this notification in the absence of grounds for its return provided for in Part 6 of this article, sends, including using the unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, the specified notification and attached to it a description of the external appearance of an individual housing construction project or a garden house to the executive authority of a constituent entity of the Russian Federation authorized in the field of protection of cultural heritage sites; Article 51.1.

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The federal executive body, executive body of a constituent entity of the Russian Federation or local government authorized to issue construction permits, within seven working days from the date of receipt of the notification of the planned construction, except for the case provided for in Part 8 of this article:

Legalization options

If a citizen has erected a garage building, but has not prepared the necessary permitting documentation in advance, he should think about legitimizing the property he owns.

Based on the specific circumstances, you need to choose the appropriate method of legitimation:

You can use this simplified procedure if two conditions are met:

• The land plot was received for use from local government bodies before October 30, 2001 (or received by inheritance from the person to whom the land was transferred);
• The plot of land belongs to the category of individual housing construction (IHC) or personal subsidiary plot (LPH) or SNT - garden non-profit partnership

In order for the court to make a positive decision in the trial, a number of requirements must be met:

1. If there are no claims from the owners of neighboring land plots.
2. The garage must be located on a plot that belongs to the person by right of personal property.
3. The construction complies with current building codes and regulations, as well as sanitary and safety requirements

The above methods of legalization are designed to ensure that the land on which the building is located is owned or used under a lease agreement from local governments in accordance with current legislation.

If there are no legal rights to the plot, then you will first need to privatize it in the standard manner. A plot of land can be privatized free of charge due to the law “on dacha amnesty”

Legal norms

The main legal acts regulating the legalization of a garage are the following:

• definition of unauthorized construction (Article 222 of the Civil Code of the Russian Federation);
• the rights of owners of land plots associated with construction on them (Article 263 of the Civil Code of the Russian Federation);
• judicial proceedings for the purpose of legalizing unauthorized buildings (Article 8 of the Civil Code of the Russian Federation)

1. Real estate objects located on lands intended for individual housing construction (IHC)
2. Real estate for the construction or reconstruction of which it is not necessary to obtain permits.
3. Real estate objects built on a personal plot.

In addition, the legalization of real estate is regulated by urban planning legislation. In particular in Art. 52 of the Civil Code of the Russian Federation establishes a procedure for obtaining permission to construct a capital construction project.

What types of garages are there?

Before you begin the procedure for registering a garage, you should find out what type of real estate it can be classified as.

Depending on the type of garage, the procedure for legalizing the structure, as well as its general need, is determined:

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How to legalize garages

Before you begin the procedure for legitimizing an already built garage, you need to understand whether such a building requires obtaining a building permit.

Legalization of such a building without this paper is possible in the following cases:

In other cases, in order to successfully complete the process of legalizing a garage, it is first necessary to direct efforts to obtain permits.

It is recommended to focus on some features of the procedure, namely:

Unauthorized construction

In the case where a garage building does not fall under the simplified procedure for legalization and is illegal, you will first need to visit the municipal authorities to the city commission for identifying and suppressing unauthorized construction.

To resolve the issue of legalizing a garage, you must provide the following documents:

In addition, it is recommended that the owner of the neighboring plots agree that they have no objections to the legalization of the property.

If the municipality refuses legalization to a person, the citizen has the right to receive a reasoned refusal in writing, and then appeal it in court.

The court will take into account the fact that the owner of the unauthorized building tried to legalize it administratively, and a positive court ruling may be made.

Decision No. 2-4577/2013 of May 17, 2013

.

Notification of the planned construction or reconstruction of an individual housing construction project or garden house 7.

In the fall, the chairman of the GSK and Davydov N.N. they said that they would not issue the plaintiff’s membership until he paid the money for the construction of a common wall.

Subsequently, the plaintiff realized that it was impossible to use a common wall, which he informed the defendant about. The plaintiff decided to build his own wall and began making his own foundation and wall.

The wall and foundation of the plaintiff's garage are independent of the defendant's garage. The plaintiff built the garage with his own personal money.

The plaintiff did not inspect the wall before transferring the money to the defendant. The plaintiff's representative explained that the plaintiff had no reason to pay the defendant money. For objective reasons, he had to build his own wall.

Defendant Davydov N.N. At the court hearing, he did not admit the claims; he submitted a written response, in which he indicated that he had accepted the obligation to build a brick wall. The parties mutually agreed that a wall would be built that would be adjacent between the two garages. The cost of the work was determined at 120,000 rubles.

The plaintiff initially proposed to the defendant to do this work. A contract was concluded and the plaintiff paid the defendant money. Work is done. The defendant fulfilled his obligations properly and in full.

The plaintiff had no claims. In addition, the defendant explained that at the time of transfer of money the plaintiff needed the wall.

He called the defendant himself so as not to spend money on the wall. He believes that the cracks appeared due to high humidity. It is possible that the cause of the cracks was the digging of a large pit.

Registration procedure

Registration of self-construction in some cases takes a long time and often exceeds the construction of the garage itself.

The general procedure is as follows:

Construction permit

An alternative option for contacting the commission to identify unauthorized buildings is to obtain construction permits.

To obtain a building permit you need:

Cost of legalization

Legalizing a garage is not a cheap pleasure. It is difficult to determine what will be more profitable for its owner - preliminary obtaining a construction permit and all approvals or subsequent legalization of the illegal construction.

Key cost items are:

If the issue of registering an unauthorized building is resolved through the court, the costs of paying state fees and other legal expenses should also be added.

Garage extension

1. What documents are needed to add a garage to the house?
   House and land owned.

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

What documents are needed to add a garage to the house? House and land owned. 1.1.

Hello, I need permission for reconstruction/refurbishment.

2. We made a major extension to the house, 4 m from the neighboring plot. At the same time, we demolished the old flock, canopy and veranda, which was 2 m from the fence, now the distance has increased to 4 m. We also built a bathhouse and a garage on the other side neighbors.

There are 3 m to their fence. Could there be problems when preparing documents?

2.1. First, it was necessary to obtain permission for reconstruction. Now, in any case, you will have to draw up documents for registration of self-construction in an administrative manner or go to court. 3. An old corner house stands on the boundary of the plot (with the roadway); as a result of the garage extension to the house, it went beyond the boundaries of the plot by 12 cm.

Are there acceptable standards for going beyond the boundaries of the site? 3.1. Are there acceptable standards for going beyond the boundaries of the site?

:sm_bw: No, such norms do not exist.

:sm_no: 4. Is it legal to build an extension to the building, blocking the exit from my garage?

What regulations prohibit this and how much space must be left between the garage and the extension? 4.1.

Through to court

The judicial procedure for legalizing a garage is a fairly effective way of legalization.

If a positive decision is made on the issue, no one will be able to prevent a citizen from using his garage.

The main condition for going to court is a written refusal by the municipality to find a solution in accordance with the general procedure.

How to register a garage as a property in a garage cooperative, see the article: registering a garage as a property in 2020.

When a garage is built in accordance with all building rules and there are no violations of safety requirements, there is a high probability that the court will make a decision in favor of the owner of the building. After which, based on the court decision, the procedure for registering the garage with the Rosreestr authorities is carried out.

Video: How to legalize a garage:

Legalize an extension to the garage.

1. 146
2. 375 publications
3. Members
4. Name: Bronislav
5. City: Pechora

A friend owns a permanent garage in a garage cooperative (the garages are 30.35 years old).

The cooperative's land has been demarcated. Behind the garage, about 25 years ago, a major extension was made in the form of a room about 5x5 m, which was of no interest to anyone all these years. About a week ago, the local administration carried out some kind of inspection and now they are asking (orally for now) to demolish the unauthorized building.

Is it possible to somehow decorate this little room (like a reconstruction of a garage) or something else? The room mostly extends beyond the co-op's land.

0

1. 375 publications
2. Members
3. City: Pechora
4. Name: Bronislav
5. 146

Not at all?

0

1. 103 publications
2. 26
3. Members

(modified) In order to legalize this extension, you must have the right to the land.

the area below it. You have no right. The options are as follows: 1 or you personally contact the administration so that they allow you to purchase this plot of land from them under the extension. 2 or contact the GSK administration with a similar request and, after registration of the plot at the GSK by the general meeting of members, transfer the plot to you.

All this is regulated by Art. 39.28 of the Land Code of the Russian Federation and adopted regulations at the local level establishing the redemption procedure and redemption price.

Both options are feasible, the second is more difficult, because