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

Legal aspects

In order to avoid further troubles, it is worth deciding on the right of ownership of the land plot:

property (the most complete range of rights, taking into account the intended use);
rent (according to the period of use according to the land lease agreement);
perpetual (permanent) use (intended use only);
lifelong inheritable ownership (implies full ownership, but cannot be disposed of (sale, lease, pledge), with the exception of transfer by inheritance);
encumbrance or easement right (granted to three persons to use part of the site for their own purposes). What is an easement on a land plot, read our next article.

This is an essential aspect of the legality of the construction, taking into account the assigned rights and intended purpose.

This is important: in some cases, it is necessary to transfer a land plot to the required category in compliance with legal requirements in order to submit documents for obtaining permission and begin construction of a garage structure.

Other requirements

At what distance from the property line can a garage be located if there is an alley on the side? Regardless of the width and intensity of the dirt road or just the pedestrian zone, the garage should be no closer than 3 meters from the side fence and the street .

This requirement of SanPiN is based on industrial safety; in the event of emergencies, transport must safely pass between sites. The provision applies to the house, all outbuildings and buildings classified as small architectural forms:

gazebo;
pergola;
awnings;
greenhouse premises;
summer cottages.

For a garage built into the building, the requirements will be of a general type.

The boundaries are set at a distance of 6-10 meters from the fence, it all depends on the material of the walls. For wooden buildings - fifteen meters. It is prohibited to arrange residential type rooms above the car house:

bedrooms;
children's;
kitchens;
living rooms.

You can create gyms, greenhouses, workshops and other premises that are not specifically related to the permanent residence and recreation of citizens.

An attached garage, located adjacent to the building, but under a separate roof, should be located at a distance from the neighbors' property, as if it were installed separately.

Built-in and attached houses for cars must have an entrance separate from the building at a distance of 7 meters from one another. Distance from the fence when creating a garage: documentation and SNiP standards

The following standards apply to detached garages and garages attached to a building, which are created on private plots for cars:

SNiP 2.07.01 – 89. “Urban planning. Planning work and development of various settlements";
Civil Code of Russia 12/29/2004, No. 190-FZ;
“Industrial Safety Rules for Buildings and Structures” dated 21.01. 1997;
PB standards No. 53.13330.2011.

No need to legalize the structure

The procedure for obtaining documents for construction is enshrined in paragraph 17 of Article 51 of the Town Planning Code of the Russian Federation. Otherwise, Article 222 of the Civil Code of the Russian Federation comes into force, which clearly defines the concept and conditions for recognizing the construction of a structure as unauthorized.

This leads to a number of unpleasant legal consequences:

suspension of construction of the facility;
administrative penalty.

The type and location of the structure is important in determining whether paperwork is required. Thus, legalization is not required under the following conditions:

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).

Do I need a permit to build a garage?

In accordance with Russian building codes, a permit for the construction of a garage is issued only if we are talking about capital construction with a foundation (for example, a garage is attached to a house) or the construction of a garage in order to make a profit from its use.

The permit is not issued in the following cases:

the garage is being built on land intended for summer cottages and gardening;
the garage is being built on a plot owned by a private individual, and it will not be used for profit (for example, for tire fitting or service station services);
the garage will not be classified as a capital construction project (structure without a foundation, shed).

Issuing a sanction

To obtain documents for the construction of a permanent garage structure, you must contact the architectural department (department).

A garage permit is a document that:

indicates that the documentation for the project complies with all points of the urban planning plan of the land plot;
gives the developer the right to: erect a capital structure, reconstruct, carry out major repairs of the structure.

To obtain approval, you must add the following documents to your application:

certificate confirming the right of ownership (ownership) of land;
land plan;
site plan with a schematic designation of a specific location for the location of future development.

Within 10 days from the date of receipt of the application and documents, the architectural department carries out an inspection. Upon expiration of the period, a construction permit or a reasoned refusal to carry out work on the construction of the structure will be issued.

Please note: the permitting authority may reject an application for construction if an incomplete package of required documents is submitted or the papers do not meet the requirements of the urban development plan.

You should know that it is also possible to obtain permission to build individual structures (stages) of the garage. The permit is issued in the name of the applicant or to a person on the basis of an appropriate power of attorney. This document must be kept until the structure is put into operation.

You may also be interested in an article about the technical floor plan. And this article describes in detail the steps to carry out the privatization of a garage.

In a co-op

GSK are non-profit organizations that have their own Charter. Judging by clause 1, part 3, art. The Civil Code of the Russian Federation, garage cooperatives are recognized as one of the types of consumer cooperatives.

GSK carry out their activities in accordance with the provisions of Art. 123.2 and 123.3. Civil Code of the Russian Federation. The norms of the Law of the Russian Federation of June 19, 1992 No. 3085-1 “On consumer …” do not apply to GSK.

In order to avoid problems in the future with registering a garage built at GSK, it is highly recommended to apply for permission from the local government authority, and only after receiving a positive response begin construction work.

Price and valid period of the permit

According to the current legislation, permission to carry out work on the construction of a garage is issued free of charge.

The validity period of this document is provided for in the project for organizing the construction of this structure. However, the building permit can be extended at the request of the customer by submitting an application.

Please note: To extend the period, the applicant must submit a request for extension 60 days before the expiration of the period specified in the permit document.

Legislation

Part 17 art. The Town Planning Code (hereinafter referred to as the GRK) regulates that a building permit will not be required in the following cases:

during the construction of a garage facility on a plot of land that was issued to an individual for purposes unrelated to business activities, or which was issued to an individual for gardening;
during the construction of non-capital construction projects (for example, a metal garage that can be easily moved to another location).

Nuances of legalization

In reality, non-standard situations often arise. Let's look at the most common ones.

Change of owner of a land plot

In this case, it is important that the permit does not expire. Since the permit is issued to the owner of the land plot, accordingly, the new owner will own a completely legal garage.

If a land plot is allocated or divided, then the urban planning plan must be obtained again, and the permit still retains its legal force.

Legalization of unauthorized construction of a capital garage structure

There are three main ways for a building to be recognized as legal:

Documents are issued retroactively, but as for a building at the project stage.
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.
File a claim in court to recognize ownership of the unauthorized construction (you can see a sample application here). Attachments to the claim:
an extract from the Unified State Register stating that no one owns the building;
certificates of compliance with environmental and fire safety standards;
technical data and characteristics of the structure that do not violate the requirements of SNiPs.

Estimated cost of legality of the structure:

technical passport – 1000 rubles (you can read how to obtain a technical passport for non-residential premises here);
cadastral passport of the premises - 700-1500 rubles;
state registration certificate – 1000 rubles;
The calculation of the state fee for filing a claim depends on the cost of the garage structure according to the inventory.

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: Settlement agreement on the boundaries of a land plot

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.