How to legalize a garage on administration land

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.

Where to register a garage as your property

Where is ownership of a garage registered? To do this, you will have to visit more than one institution, and all of them are prescribed in the Civil Code of the Russian Federation. In practice, the owner is obliged to first take all the necessary papers to the BTI, and then go to the Registration Chamber.

Important! It is better to arrive at the Registration Chamber early, otherwise you may stand in line all day.

It is here that, after 10 days, the official owner of the garage will have to pick up the state registration certificate.

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.

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.

Registration of a garage box in a cooperative (GSK)

Legalization of your building in a cooperative on the basis of a membership card has its own characteristics and differs in the amount of documentation and features of legalization of the land plot. The garage cooperative, one way or another, rents the land where it is located: it is owned by the municipality. The plot under your garage can only be privatized into common ownership, where each member of the cooperative will become a shared owner of that land area. You can privatize land in this way after establishing your rights to the garage itself. If before the person other owners registered boxes in this garage cooperative, the following documentation is submitted:

• personal passport;
• membership book confirming the citizen’s participation in the GSK and payment of the membership share. The certificate is signed by the chief accountant or chairman;
• cadastral passport for the garage;
• a receipt confirming payment of the state duty.

If no one has yet registered a garage as their property at GSK, the list of documents increases. Added to the above list:

• registration certificate of the cooperative;
• articles of association;
• list of GSK members;
• an official document confirming the election of the chairman;
• paper on the appointment of the chief accountant;
• the right to use land under the GSK.

Attention! If the land area under the cooperative was transferred for use before November 2001, the property can be legalized for free; if later, the owner pays a redemption value not exceeding the price according to the cadastre.

1. The citizen turns to the chairman of the cooperative for all the necessary documentation on the GSK and his participation.
2. A technical plan for the box is drawn up, then the person receives a cadastral passport from Rosreestr.
3. Papers are submitted to the same authority to register ownership of your garage. A registration application is filled out on site.

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 a garage on your own site and whether it is necessary to register

Before building a garage, you need to obtain permits and understand the legal nuances. For this reason, the question often arises about how you can legalize a garage on your own site. The need to prove ownership of a structure arises during various encroachments.

Is it necessary to register a garage on an individual housing construction site?

When purchasing territory for individual housing construction, an individual undertakes to build a residential building over the next 5 years. A separate license is not required to build a garage, but registration of the building is a prerequisite . Registration is due to the fact that the structure is subject to taxation on equal terms with a residential building. In addition, an unregistered garage can create difficulties in the future sale of the site.

A set of documents can be prepared after completion of construction and submitted to any branch of Rosreestr. As a rule, the documentation is sent to the authorized body at the location of the site. Documents are processed within 10 days and registration is carried out or a reasoned refusal is reported, indicating existing violations.

General rules for registering real estate

Legal registration of a garage building on your own site allows you to resolve conflict situations with the owners of neighboring territories and representatives of government agencies. According to the general rules, a construction license may not be issued in the following situations:

1. The land plot is allocated to the owner for personal use, and the garage being built does not have a commercial purpose.
2. The garage is being built as an additional structure, and a residential building has already been built on the territory.
3. The plot belongs to an association of gardeners or a registered cooperative.
4. Once a garage is built, it can be dismantled and rebuilt at another location, which is suitable for frame and metal structures.

What documents are needed for construction?

To register an object, the owner must provide a standard set of documentation. In particular, you will need:

• general site plan;
• detailed layout indicating the exact location of the structure;
• a certificate confirming ownership of the territory where construction is taking place.

If during the verification of documentation violations are revealed, the owner is denied registration. To reduce the likelihood of failure, it is necessary to comply with current urban planning standards when preparing documentation, indicate the exact dimensions of the building and ensure maximum compliance of information with actual data.

Setting up a garage on your own site

To register a constructed object, it is necessary not only to prepare a package of documents, but also to submit an application on time. It is also possible to apply to the court with a claim for registration. The second option is suitable if the object is located on the plaintiff’s territory and fully complies with legal standards. Having submitted an application for registration, all that remains is to issue a certificate about the immovable property and fill out a declaration on construction work.

Construction on a private housing construction site

When planning the construction of a structure on the territory allocated for individual housing construction, it is recommended to familiarize yourself with the current legal framework regulating this construction. There are a number of standards and sets of rules that prescribe the norms for the construction of objects. The main part of the rules contains information about what distances must be maintained between the garage and other structures.

How to post?

When deciding on the characteristics and location of the structure, you should first think about the dimensions. Taking into account the size of modern cars, the optimal ratio of width, length and height is 5 x 7 x 3 m. The specific parameters of the object are not limited by building rules, but when vehicles are inside the building, there must be at least 0.8 m of space on each side. Since the garage is included in the category of economic objects, the following nuances are taken into account when placing it:

• the distance from nearby buildings should not be less than 6 m;
• between objects made of concrete blocks the distance should be more than 8 m, and between reinforced concrete structures - from 10 m;
• if the garage is located next to the main roadway, the distance from it should be no more than 5 m;
• the gap from the construction site to the enclosing structure should be from 1 m.

When the garage door is open, it is important to ensure that it does not protrude into the road or create obstacles for pedestrians. Owners of territories near which there is no roadway or buildings on adjacent properties have an advantage. This allows you to place the garage more freely. During further construction on adjacent plots, their owners will need to take into account the location of the garage.

Fire safety

In order to comply with fire safety, it is necessary to leave at least 3 m of free space between the garage and the residential building. When using wooden floors, this figure increases by 12 m, and if objects are built from flammable materials, then up to 15 m. In addition to the placement rules, the following fire safety rules must be observed:

• there should be no heating inside the structure;
• A fire panel and fire extinguishing equipment are located next to the object;
• the garage is equipped with wiring in accordance with the requirements of PTEEP;
• lighting fixtures are installed exclusively with standard shades;
• In case of an electrical short circuit, automatic fuses are installed.

How to legalize a garage without documents?

Confirming ownership of a building is much more problematic if an individual does not have title documentation. In this situation, it is necessary to confirm the legality of ownership in another way. Lawyers advise keeping all receipts and receipts associated with the costs of constructing and maintaining a garage.

The owner of the building must know from what building materials and in what period the object was built.

The owner will need information about the design by the time the declaration is generated when applying to the state commission. The legalization process begins with delivery for technical registration to the BTI, after which the object is registered as an unauthorized construction. At a further stage, the individual must leave a request to the Department of Architecture for the issuance of a declaration indicating the technical parameters of the garage.

Registration cost

The exact amount of documentation costs varies from region to region. On average, technical documentation from the inventory bureau and a cadastral passport cost a couple of thousand. Additionally, you will need to pay 1 thousand for the registration procedure in Rosreestr.

The state duty in various authorities ranges from 500 to 2 thousand rubles. The cost of paying state fees depends on the number of applications. If, when registering the erected building, it becomes necessary to go to court, legal costs must be added to the cost.

Failure Case

Proving ownership can lead to problems if the building poses a potential hazard to people. Also, registration of an object is denied if the rights of individuals who own nearby territories are violated. For example, if a structure is built on the border of land, the court has the right to make a negative decision in satisfying the claims made by the plaintiff.

Having received a refusal to issue a title document, it is allowed to use the opportunity to appeal the decision in court. It is also recommended to contact the municipal government with a request to perform a comprehensive inspection of the building. It is recommended to appeal the refusal if the building fully complies with the standards. In case of full compliance with technical, construction, sanitary and other standards, a refusal may result from the lack of a license to carry out construction work. Recognition of property rights in this case will occur only in court.



Source: https://garazhyk.ru/voprosy/kak-uzakonit-garazh-na-sobstvennom-uchastke

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.

YOUR GARAGE

In fact, this document is issued without any monetary investment, that is, no one has to pay for the opportunity to build a garage on their territory. It is worth considering that the obtained permit has a validity period. Its validity period corresponds to the period of work allocated for the construction of the structure, specified when submitting documents. It can be increased, but to do this you need to fill out a sample application to extend the permit. This must be done no later than 60 days before the expiration date of the received document.

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In addition, there are certain conditions for registering a commercial premises, for example, a garage for repairing equipment for money. If it has not been registered, local authorities may demand its demolition or impose a fine for violation of registration rules, and may also sue for falsification of information in documents.