How to legalize a garage without documents in 2020: requirements and list of papers for obtaining permission

Zealint.ru

Contents: Good afternoon! Please tell me how to ensure that the building I built illegally is not demolished. The fact is that in 2009, after a verbal agreement with the chairman of the garage cooperative, of which I am a member, I began to complete the construction of my garage in the direction of extension, i.e. built an extension. During the construction work, the chairman of the Civil Code was re-elected, and the new chairman was unhappy that I was extending the garage.

I contacted the architecture department, where they explained to me that if I was not going to sell the garage, then it was not necessary to legalize the extension.

To date, there have been no more complaints against me. In September 2011, the garage society was allocated land to increase the number of garages, and it turned out that my extension is now located on this allocated land.

The new chairman pointed out to me that I should demolish this extension.

The new chairman refused to sign a document that he does not object to allocating me land for an already built garage box. But I am ready to legalize the extension, pay all the necessary fines, etc. Tell me what actions should I take to prevent this extension from being demolished? You will need to apply to your local authority for approval of your previously completed garage renovation. If you are denied approval, then you will need to file a lawsuit under Article 222 of the Civil Code of the Russian Federation to preserve the building in its current form and recognize your ownership of the garage in its new, reconstructed form.

How to legalize a garage

Owners of unauthorized garages apparently do not suspect that they are violating the law that prohibits the construction of illegal structures and provides for their demolition if they violate the rights and interests of people or pose a threat to the life and health of others. The Civil Code allows for the filing of claims against the actual owner of the garage if only officials become aware of unauthorized construction. The municipality has the right to apply to the court with a request to make a decision on the demolition of an illegally built facility; recently, a regulatory article in civil legislation has been quite often applied in relation to the owner. It talks about recognizing a building as unauthorized if construction was carried out on a site not intended for this purpose.

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

Adding a garage to the house

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.

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 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),

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Where to begin

It is better to start reconstructing a house to increase the area by coordinating all the details with specialists. This will take a lot of time, but will save you from much more serious problems later.

How to obtain permission to change the area, step-by-step instructions:

Take technical documentation and a copy of the cadastral plan from the BTI.
Submit these documents to the Architectural Department.
Receive a project from the Architectural Department employees signed by the chief architect of the district.
Resubmit the package of documents with the project to the architectural department.
Submit the permission received from the Architectural Department to the SES/Ministry of Emergency Situations department.
Obtain permission from utility services.

The first appeal to the Architectural Department contains a request to create design documentation for extending the house. Design engineers go to the site, make a preliminary sketch, and draw up a project. The architectural department, after studying the design and related documentation, issues its permission. With it, the applicant goes to the local branch of the sanitary and epidemiological service and to the Ministry of Emergency Situations, from which they must also obtain a resolution. Permission to increase housing from public utilities is needed when reconstruction affects heating, electrical, and sewer networks.

Drawing up the project and necessary documentation

The task of the specialists of the Architectural Department is to check on site the possibility of reconstruction (increase) and draw up a competent project for the upcoming changes. A positive decision is made if the examination confirms their safety. The responsibilities of design engineers include developing a project taking into account existing sanitary, technical and fire safety standards. Changes affecting the communications system are made in a separate project.

The design documentation package consists of the following:

Explanatory notes.
Drawings of engineering communications.
Plan of the building at the moment (with increased area).
Descriptions of demolition objects.
Approvals of documents executed by private companies.

The package is supplemented by a statement. The processing time for papers is seven days. There is no registration fee required.

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.

N 152 “On personal data” - we guarantee complete anonymity of all consultations It should be said that free consultation is a common practice that is used in most successful companies.

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:

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.

Legalize an extension to the garage.

146
375 publications
Members
Name: Bronislav
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.

375 publications
Members
City: Pechora
Name: Bronislav
146

Not at all?

103 publications
26
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

How to complete a garage sale transaction?

How to complete a garage sale transaction? You need to perform this procedure correctly. This agreement must include the following:

personal data of the seller and buyer;
taxpayer numbers on both sides;
garage description and occupancy information;
the final price of the property being sold.

The purchase and sale transaction is concluded between the buyer and the seller, notarized in writing by lawyers. After this procedure, the garage will become the property of the buyer.

Garage extension

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

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?

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.

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

How to inherit a garage?

How to inherit a garage? For this procedure, you must collect the following documentation:

a document from the registry office (a duplicate of the marriage certificate, if you want to inherit non-residential premises to your wife or husband);
heir's passport;
order of a notary or court on the transfer of inheritance rights;
To reduce the state duty, you need documents to receive benefits (if any).

If all the documents are collected, you contact a notary, and he opens an inheritance case. After this, you can collect all the available documents for the garage. If there are no problems, then the lawyer issues a certificate that confirms the rights of inheritance. You are obliged to submit them to Rosreestr - and within a month the heir will have all the rights to the garage.

Build a garage in a garage cooperative

1. I want to buy land in a garage cooperative and build a permanent brick garage. The problem is that the cooperative does not provide documents for the land.

Is it possible to document such a garage in the future? 1.1. Hello. Yes, there is such a possibility. 2. My name is Vasily Aleksandrovich, tell me how to legitimize the premises in the garage cooperative, the land is leased until 2062 for the placement of garages, an office and an old building on top were built, how to legitimize it, I can’t demolish the premises because at the entrance it is flooded with water and is used by drainage.

2.1. There's no way you can. The site is not intended for what you built.

This is an unauthorized construction and will eventually be demolished (Art.

222 of the Civil Code of the Russian Federation) 3. I am a member of a garage cooperative (GC). The GC is not privatized; it built its garage there in 1989.

The purchase and sale of garages is formalized according to an Application addressed to the Chairman of the Civil Code. I decided to sell my garage. The buyer asked a question: Why is it not written in the membership book that I am the owner of this garage? Question: In which document of the Civil Code should there be a record that a member of the Civil Code is the owner of his garage?

3.1. A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided to these persons by the cooperative, acquire ownership of the specified property. (Article 218 of the Civil Code of the Russian Federation) You must have evidence that you have fully paid the share fee for the garage.

Boxing as part of a cooperative

In cities, such buildings for cars are often located in garage associations. In such places it is easier to build parking boxes; electricity can be installed. Joining the cooperative is required, and in the future - making a monthly payment.

Read also: Basic rules for creating a garage cooperative

Even if the premises for a car or other needs are located on the land of the GSK (garage and construction cooperative), it is imperative to register ownership of it. The membership book and the purchase of a garage under an agreement by becoming a member of the partnership have no legal force.

If local authorities suddenly take away the land from GSK, then no one will compensate the cost of the building to citizens. To register the right to a garage, the owner must provide a certificate stating that he is a member of the GSK and that all share contributions have been paid, a cadastral passport, and pay a state fee. This minimum package of papers plus an identification document will be required if other box owners in the cooperative in question have already applied for registration of rights.

If you are the first to register your right, you will need to spend much more time and effort. You will also need an additional list of papers to submit to the registration authority: the charter of the partnership, a certificate of its registration with the tax office, a list of all participants, a lease agreement for the territory. Other supporting documents may be required. If the citizen is not the first to apply, then the registration will take place in stages.

Obtain a certificate from the chairman of the association of vehicle owners about membership in the GSK and the absence of arrears in paying contributions for the building.
Contact a cadastral engineer for a technical plan for the box.
Submit these documents to the Cadastral Chamber for registration. Moreover, in the case when garages of the same row are built so that adjacent boxes have common walls, the structure is considered one building and is registered in full, and then a separate box is entered into the register and the owner is issued a cadastral passport.
Now the available documents are transferred to Rosreestr, which handles the registration. After 10 days, the owner must receive a certificate.

If there is a distance between garages in a garage cooperative, then the owner can privately register his property. Citizens often have questions regarding the privatization of a piece of land under such premises. Garage associations most often simply lease land or receive it for permanent use.

Usually, a piece of land under a garage cannot be privatized individually, since the territory of the GSK is one indivisible plot. However, all participants in the cooperative can privatize the land into common shared ownership. For such a procedure, all members of the cooperative must apply to the local municipal authority by submitting a jointly signed application accompanied by a list of participants and copies of their documents.

Read also: What is the difference between individual housing construction and private plots land?