Build a car service center on a private housing construction site. Car wash on your own land

Dear Sergei Ivanovich! 5 months ago I asked you the question “How to demolish a squatter building?” thanks for the answer.
My neighbor on the adjacent plot nevertheless organized in his garage, equipped with a lift and everything necessary equipment, service station. He had to admit to the police that he regularly kept cars of his friends in his garage, and they repaired them there. But he himself does not take money from them for help in carrying out repairs. Can I prove that this is still a service station or a car service (the essence is the same) and also that this is an industrial building and completely different requirements should be imposed on it than on ordinary objects?
The intended purpose of our plots for individual housing construction. Thank you.

Hello.

You ask: “Can I prove that this is still a service station or a car service (the essence is the same) and also that this is an industrial building and completely different requirements must be imposed on it than on ordinary objects?”

In paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010 (as amended on June 23, 2015) “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other real rights”, it is clarified that, by virtue of Articles 304, 305 of the Civil Code of the Russian Federation, a claim to eliminate violations of rights not related to deprivation of possession is subject to satisfaction if the plaintiff proves that he is the owner or a person in possession of the property under a statute or contract and that the defendant's actions other than dispossession violate his right of ownership or legal possession.

Such a claim must also be satisfied in the case where the plaintiff proves that there is a real threat of violation of his property rights or legal possession by the defendant.

A claim to eliminate violations of rights not related to deprivation of possession must be satisfied regardless of whether the defendant commits actions (inactions) that violate the plaintiff’s right on his own or someone else’s land plot or other property.

From these explanations it follows that you must prove that the neighbor is violating your property rights or legal possession. The mere fact that a neighbor has organized a car service on his property does not mean a violation of your rights.

At the same time, if your neighbor’s activities infringe on your rights, then establish the fact of use land plot a neighbor to organize a car service is possible within the framework of state land supervision.

In accordance with Art. 71 of the Land Code of the Russian Federation, state land supervision refers to the activities of authorized federal executive bodies aimed at preventing, identifying and suppressing violations by government bodies, bodies local government, as well as legal entities, their managers and other officials, individual entrepreneurs(hereinafter referred to as legal entities, individual entrepreneurs), citizens of legal requirements Russian Federation, for violation of which the legislation of the Russian Federation provides for administrative and other liability, through organizing and conducting inspections of these bodies, legal entities, individual entrepreneurs and citizens, adoption provided for by law of the Russian Federation of measures to suppress and (or) eliminate the consequences of identified violations, and the activities of these authorized government bodies to systematically monitor the implementation of the requirements of land legislation, conduct analysis and forecast the state of implementation of the requirements of land legislation when carried out by state authorities, local government bodies, legal persons, individual entrepreneurs, citizens of their activities.

The subject of inspections during the implementation of state land supervision is compliance with objects land relations state authorities, local government bodies, legal entities, individual entrepreneurs, citizens of the requirements of land legislation, for violation of which the legislation of the Russian Federation provides for liability.

Based on the results of inspections, inspection reports are drawn up by officials authorized to carry out state land supervision. If during inspections violations of the requirements of the legislation of the Russian Federation are identified, instructions to eliminate the identified violations with an indication of the time frame for their elimination are attached to the inspection reports, and the persons who committed the identified violations are held accountable in the manner established by the legislation of the Russian Federation.

Clause 3 of the Regulations on State Land Supervision (approved by Decree of the Government of the Russian Federation dated January 2, 2015 N 1) establishes that the Federal Service state registration, cadastre and cartography and its territorial bodies carry out state land supervision over compliance, including the requirements of the legislation on the use of land plots for their intended purpose in accordance with their belonging to a particular category of land and (or) permitted use.

Thus, in order to establish the fact that a neighbor is using a land plot for purposes other than its intended purpose for organizing a car service, you can file a complaint with the district department Federal service state registration, cadastre and cartography (Rosreestr).

The answer to the question is approximate. Unfortunately, it is IMPOSSIBLE to answer your question more accurately and completely without studying all the documents and circumstances of the case.

Sincerely,
lawyer Makoveev Sergey Ivanovich

When building a car service center, you need to decide one very important point, whether it will be a capital facility or will be temporary. An object is capital if the land lease after the start of operation is 49 years. A temporary facility can be built under a fixed-term lease agreement for a period of one to five years.

The next question is the selection of a land plot and how to register the land for the construction of a car service center. This is extremely difficult to do, because the site must meet certain criteria:

Have the ability to connect to all communications;

Have convenient entrances;

Be located at least 50 meters from residential buildings and institutions.

Where to get land taking into account these requirements? It is possible at city auctions at the Property Fund. In this case, strict deadlines may be assigned for commissioning the facility and a planning project may be required. Land plot in big city It's very difficult to choose. Most have been purchased and put up for auction, and this entails serious financial costs.

Obtaining land from the state for the construction of a car service center is quite expensive. The state's land is divided into zones and each is intended for a specific use. A building permit can only be obtained for an object that is permitted to be built in that specific zone.

After creating a design for the premises, it must be approved by the local department of architecture and urban planning. Next, after the construction of the walls and roof of the future station, you will need to obtain sanitary and fire safety certificates for the facility. You will also need a conclusion from environmental services, which will say that the car service is not a threat to the environment.

It is best to choose a site along the route of cars from the center to residential areas, near roads. On both sides of the entrance to the service area you need a direct road (about 100 meters) and parking spaces. Construction of a car service center can be carried out at a distance of at least 50 meters from residential buildings. It is convenient to be located in the private sector; areas under development are also well suited.

Preparation

First, we determine the status of the land plot. If it is residential, then building on this land is not yet possible. You will have to write an application to local authorities to conduct land surveying and review the type of land use. This will make it possible to separate residential development from the territory for the service station and obtain the right to build. As soon as you receive the relevant information, contact territorial body Rosreestr to register the fact of a change in the type of use of the site.

To create a service station from scratch, it is necessary to conduct some research (hydrological and geological). Information is needed about the groundwater level, soil composition and freezing depth. The information obtained will form the basis of the design plan.

Drawing up project documentation

To make it easier to receive permitting documents, you should draw up a project in advance construction work. First, we decide on construction and finishing materials.

Most often, service stations are built from gas silicate blocks, bricks, and metal structures covered with sandwich panels.

Before starting coordination with government authorities, you need to have:

• Sketch design (layout, building façade, design of access routes);
• Project documentation;
• Communications plan with detailed information on the availability of sewerage, water supply, heating, ventilation, electrification.

It is worth hiring a professional architectural engineer to prepare these documents.

Documents for obtaining a building permit

It will allow you to obtain a construction warrant from GATI (State Administrative and Technical Inspectorate). What you need to have on hand to obtain all permits:

1. Cadastral passport of the site;
2. Certificate confirming land ownership;
3. Certificate of registration of a legal entity (IP or LLC);
4. Project documentation (diagrams, drawings, communications plan, description of construction organization);
5. Certificate regarding the status of the land plot from KGIOP;
6. Urban development plan;
7. An application to the regional body of the GASN requesting permission to carry out construction.

Before you start constructing a building, the project must be approved by several authorities. Sample list (may vary depending on regional location):

• District Administration;
• Local Committee for Architecture and Urban Planning;
• SES regarding “Environmental Hygiene”;
• Local department of Rospozharnadzor;
• Traffic police (depending on the situation);
• MVK – interdepartmental commission, issuing permits for construction activities;
• GATI - final stage: obtaining a construction warrant.

How to build a car service center with your own hands

Optimally hire construction company with a turnkey license. A contract with strict compliance will be required project plan and deadlines.

If the weather is good in the warm season, it is possible to build your own car service in three months.

The main stages of construction: excavation of soil to the size of the foundation, pouring the foundation, laying walls and their insulation, installing the roof, doors and windows, laying communications, finishing.

How to build a car service bay correctly? The size of one box depends on the list of services provided by the service station.

For example, diagnostics of the chassis, brakes, painting require more space.

The average box area is 4x7.5 meters. The service will have two work areas, a waiting area for clients, a warehouse and utility rooms (bathroom, manager’s room).

Calculations for the construction of a car service station for 80 square meters. meters

Let's calculate the approximate cost:

Foundation - $2,400 (of which construction materials - $1,400, workers' wages - $1,000);

Building:

A) For construction from gas silicate blocks - $4800 (materials - 60% of the cost, 40% - workers' wages);
B) Made of brick - $6,100 ($3,050 each for building materials and salaries);

Roof - $6800 (materials - 55%, wages — 45%);

Finishing - $2300 (building materials - $1100, labor - $1200);

Electrical installation – $1,400, windows – $300, gate installation – $1,800 ($900 each), landscaping – $900.

In total, how much does it cost to build a car service? About $20,500 (if built from gas silicate blocks).

The numbers are approximate and show the general picture. Calculations were made using the simplest and most inexpensive building materials. Depending on them, the final amount may differ significantly.

For example, there is an option to build a box for a car service from sandwich panels, then the price will be lower. But such a room has a shorter service life.

Completion of work

Commissioning of a finished building requires a repeated application to the administration. A commission will come to you to assess the compliance of the building with the project, compliance sanitary standards and safety standards. If the assessment is positive, you will receive an acceptance certificate.

Creating a new one from scratch actually turns out to be not much more expensive than equipping a rented premises. And by excluding rent from the list of monthly expenses, you can earn good money and gradually expand your business.

It is best to build a car service building from prefabricated metal structures. It is cheaper, faster and simpler than a permanent building. In fact, it is a “box” made of a metal frame covered with sandwich panels.

The price for building a service station consists of two components: the cost of constructing the box itself and compliance with all bureaucratic requirements.

The construction of the building itself will cost you about 10,000 rubles per square meter. Insulation will cost approximately 500 rubles. per square meter. You will also need to add the costs of obtaining permits.

Now let's look at the additional costs associated with various formalities:

• Opening a construction order. Includes a breakdown of the site, setting out axes, a project for the execution of work, a project for organizing construction, etc. The setting out of axes in Moscow is carried out by Mosgorgeotrest. The cost does not depend on the volume of construction and is about 200,000 rubles. The work project with approval will cost up to 100,000 rubles. Regulations for the disposal of excavated soil cost from 25,000 to 50,000 rubles.
• Construction site preparation. Fencing around the perimeter of the construction site will cost about 25 rubles. per linear meter. It is difficult to predict the cost of laying out an electrical cable, but prepare for an amount of about 7,000 rubles. Security services for an organization can cost 30,000 rubles.
• Technical supervision of construction. The customer must provide a specialist with a diploma in construction who will monitor compliance with the project throughout the construction. The salary of such a specialist is about 50,000 rubles. per month.

Overall the construction cost is different regions strongly depends not on the price of materials, but to a greater extent on the costs of obtaining permits and complying with various kinds of formal requirements.

How to build a car service

The construction of a building must begin with a project. Having in hand a full-fledged project containing information about electrification, sewerage, ventilation, water supply, heating, you can insure yourself against many problems with subsequent approval by the local administration. You need to be prepared for the fact that after the construction of the building and the installation of all communications, the commission will not approve one or more of the listed points of the already implemented project, and the operation of the building will be illegal. Therefore, a pre-agreed project is the way to save time and money.

In addition, the project is an exact instruction for builders, and all deviations from the project can be used as an argument in the final settlement with the contractor. On the other side, design organization bears financial responsibility for errors made in the project, which reduces the risk of unplanned costs.

The approved project allows construction to begin. But it is necessary to take into account that the approval of a project for the construction of a car service has a number of differences from the approval of a project, for example, a country house. These differences are determined by the specifics of the operation of the premises: harmful wastewater, increased energy consumption, increased level noise, fire safety, etc.

The construction scheme of a building on a metal frame in most cases consists of several stages:

1. Excavation. It is carried out taking into account the dimensions of the designed foundation. It is necessary to take into account the likelihood that part of the soil will have to be removed, which is associated with the involvement of organizations licensed to remove soil. After excavating the soil, before pouring the foundation, it is necessary to form a sand and gravel cushion under the foundation strip.
2. Pouring the foundation. Includes several operations: reinforcement, installation of formwork, direct pouring of concrete, dismantling of formwork. Dismantling is not carried out in the case of pouring concrete with permanent formwork, for example, extruded polystyrene foam, which makes it possible to dispense with additional insulation of the foundation in the future. At temperatures below 0, at least 28 days must pass between pouring and the next stage for the concrete to gain strength. The cost of the foundation can reach up to 50% of the cost of the entire building, and in no case should you skimp on the foundation.
3. Installation of metal frame. Calculating the load-bearing capacity of metal trusses is a very important moment, so it is necessary to have the most accurate information about the thickness of the metal, design and installation rules. There are two options for implementing this stage of construction: purchasing ready-made trusses designed for a certain load, and installing the trusses by a contractor. The second option is usually cheaper, but takes more time and carries more risk.
4. External lining of metal frame. As a rule, it is made from corrugated sheets. Gives additional rigidity to the structure.
5. Installation of insulation. Good insulation is a way to save on further heating. You can use ready-made multilayer sandwich panels that are easy to install. Another way is to assemble a sandwich by components. It requires fairly highly qualified workers, but makes it possible to make insulation more effective by creating ventilated gaps and more precise installation. The second method is more time-consuming, but less expensive in terms of material costs. The thickness of the insulation should not be less than 150 mm.
6. Internal lining. For a car service, it is wiser to use easy-to-clean, waterproof materials, such as PVC panels.
7. Finishing work. Includes electrical, sewerage, water supply and heating wiring.

After completion of construction, it is necessary to hand over the structure to local administration authorities, who will undergo an examination to ensure that the building complies with operational standards. Signing the certificate of compliance is the final stage of construction and gives the right to operate the building for the purposes specified in the certificate.

Basic Requirements

• Placing car service centers in residential buildings and public buildings is not permitted.
• The service center premises must have a centralized water supply and must be sewered.
• Square production premises should be sufficient and depends on the types and volume of work and the dimensions of the machines being repaired, but not less than 5 sq. m per worker (excluding equipment).
• Production premises must be equipped with general supply and exhaust explosion-proof ventilation.
• Calculations of the ventilation system must be carried out in accordance with SNiP 2.04.05-91 “Heating, ventilation and air conditioning”.
• During the cold season, the premises must be heated. Entrance gates are equipped with air-thermal curtains.
• It is not permitted to operate the premises without natural light. The natural light factor should be 1.5.
• Artificial lighting systems must be explosion-proof.
• Walls and floors should be finished with moisture- and oil- and petrol-resistant materials. The walls should be painted with oil paint or lined with ceramic tiles at 2/e height, the floors with Metlakh tiles. Inspection pits must be lined with ceramic tiles.
• The premises of car service enterprises must necessarily have a shower, a toilet, and a double-door locker for storing clean work clothes.
• Workers must be provided with funds personal protection respiratory organs, eyes and skin of hands.
• Car services must necessarily coordinate with the State Sanitary and Epidemiological Supervision authorities project documentation for accommodation and technological processes and have permission from the specified authorities for commissioning.

How to choose a site for construction

It would be very good if the service would be located in residential area or on the right side of the road on the route of traffic from the center to residential areas. If there is direct access from the center, this is a very big plus. If the city development plans include the construction of residential buildings in the selected area, this is a plus, as is any economic growth of the area in general.

The rectangular shape of the plot, the wide entrance to the territory are also advantages. The street where the entrance is located must have at least two lanes of traffic and a break in the continuous line opposite the entrance so that customers can exit the service to the left.

It is desirable that the street be straight for 100 meters on both sides from the entrance. The location on the corner or intersection of streets, the location after the traffic light is a plus. A narrowing of the road or a speed limit sign in the area before the entrance is also a plus. It’s absolutely great if there are places for parking and parking of cars accepted for repairs.

When choosing a site for construction, it is necessary to take into account a number of factors that can significantly affect the construction process itself and the further operation of the structure. A geological and hydrological study of the site is necessary. Information is needed on the depth of soil freezing and groundwater levels, and on the composition of the soil. It is necessary to think over access roads for large-capacity transport, and also take into account the operation of large-sized equipment: cranes, concrete pumps, etc. There are cases when it is necessary to specially order several KAMAZ trucks with crushed stone and fill up the entrances to a construction site so that heavy equipment does not get stuck in the mud.

How to choose a contractor

It is better to choose a contractor based on the following factors: availability of a license for this type of construction; presence on the market for at least 5 years; the opportunity to inspect commissioned objects of a similar nature; financial and technological transparency of the construction process for the customer.

Construction control is associated, first of all, with the timely submission of reports on the work done, indicating the quantity and cost of materials, the volume of work performed and their cost. For engineering control, some customers hire construction quality engineers, which reduces the risk of deviation from the project by the contractor. You also need to pay attention to the contractor’s compliance with the deadlines agreed upon when signing the contract for each stage of construction.

When working with a qualified contractor, errors are minimal and are often associated with force majeure circumstances. It must be remembered that the contract signed with the contractor has a bilateral validity. In particular, delays in payment for stages and advances for the purchase of materials can lead to quite significant deviations from the agreed schedule, which in some cases has extremely unpleasant consequences.

Hello. Then you must have a sanitary protection zone of 50 m, not to mention the fact that it is impossible to build a service station on the lands of individual housing construction and such construction will simply be illegal. And if there are neighbors around, then you will not comply with the law in any way, and there will definitely be fines and in the future the demolition of the service station.

Resolution of the Chief State sanitary doctor RF dated September 25, 2007 N 74 (as amended on April 25, 2014) “On the entry into force new edition sanitary and epidemiological rules and regulations SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects”

CLASS V - sanitary protection zone 50 m

5. Stations maintenance passenger cars up to 5 posts (without painting and tin work).

The fines, although small, are more likely to go to court to shut down your service station activities. So it’s better to look for a suitable site.

And according to fire regulations, I doubt that the service station will take place due to such proximity to the neighbors.

Article 6.3. Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population (as amended by Federal laws dated December 28, 2009 N 380-FZ, dated July 18, 2011 N 237-FZ)
Violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, expressed in violation of current sanitary rules and hygienic standards, failure to comply with sanitary, hygienic and anti-epidemic measures - (as amended by Federal Laws of December 28, 2009 N 380-FZ, dated July 18, 2011 N 237-FZ) entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to five hundred rubles; on officials- from five hundred to one thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from five hundred to one thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

Another option is this one article of the Code of Administrative Offenses May be.

Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport
Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.