Unauthorized buildings in the local area - how do residents of the house get rid of them? Do tenants of high-rise buildings have the right to grow flowers under their windows. Are vegetable gardens provided around the apartment building.

25.10.2022

Its quadrature, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, the management company that provides housing and communal services in a particular house calculates the costs of utilities - electricity, garbage disposal and overall cleanliness, etc.

If there are no documents for this site, and the rights to it have not been formalized in state bodies, then the costs of maintaining it are borne by the municipality.

His area is calculated taking into account:

The number of floors in the building.
Number of elevators and public roads.

Improvement requirements are determined by the norms of a particular locality. General provisions valid throughout the country are established on the basis of sanitary standards.

Minimum responsibilities are:

Carry out work on the construction of structures and recreation areas for children and adults. This also includes the repair of such facilities.
Landscaping the site and processing planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain greenery in proper form.
Allocate places for household waste, monitor their cleanliness and timely removal.
Cleaning - sweep sidewalks in the warm season and clear snow during the winter.
Erect the fence of the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
Equip parking lots where vehicles will stand.

As a rule, developers are engaged in conducting one-time works. Owners of housing in the house can independently determine who will be engaged in this activity, and increase the list of work performed. With a competent approach to the management of the house and the territory adjacent to it, residents can reduce their costs and increase the comfort of living.

Rules for installing fences

legality

First of all, the construction and use of fences is necessary coordinate with the administration.

Such sites may be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.

Construction order

For a start it should be meeting of residents where a decision will be made on the need to install a fence.

To the local administration a statement is being written with a request for permission to erect a fence of a certain height and size. It will be necessary to provide a plan for the future facility, which must be agreed with government agencies. If no violations are found, permission to install is given.

Where to complain in case of illegal installation

If the fence was installed without the consent of the residents of the house, an application can be submitted to the administration, the prosecutor's office, Rosreestr and other bodies.

Arbitrage practice

Most often, disputes between homeowners, HOAs and management companies arise because of the area of this territory. This zone in houses built back in the USSR was later privatized free of charge by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of SNiP on urban planning.

This leads to the fact that it is necessary to find out in court what objects can really be located here, who owns them and, therefore, who should monitor them.

Punishment for unauthorized increase in area

The area of the measured plot attached to the house is registered with the accounting authorities.

Based on the results of the land surveying of the local area, a plan of the object is also issued.

If these boundaries are violated, this can lead to an administrative or criminal penalty - a fine or other measure, determined depending on the very composition of the violation (the boundaries were violated, incorrect information was submitted to government agencies, etc.).

About the adjoining territory of apartment buildings, see the following video:

What is a house adjoining territory, to whom does it belong and how is privatization carried out?

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What features of such a site should be known to residents of an apartment and private plot? What landscaping work and who is obliged to perform?

We will answer these and other questions, based on the norms that are relevant in 2020. The composition and area of the adjoining plot are determined by developers when designing a house.

But, as practice shows, instead of squares or sports grounds, shopping centers are often erected or parking spaces are equipped.

Let's see if the owners of apartments have any rights, and can they claim this territory?

What if the children have nowhere to play, no benches to rest and no place to park the vehicle? What does the law say about this?

General points

Let's define what a house adjoining territory is and why it is allocated.

Indeed, if the developers have not formed a place for construction, the building will be considered unauthorized erected, subject to demolition ().

What it is

The adjacent territory of apartment buildings is called the land plot that is adjacent to the house.

Persons who live in the house as an owner must maintain the local area in accordance with.

The adjacent territory is allocated for the construction of a house on it. Land is alienated by business entities in accordance with.

In the future, citizens may raise the issue of privatizing the site or. The territory is inseparable from the house, it cannot be legally autonomous without construction.

What is its purpose

All owners of apartments and private houses should be aware of the role of the local area. You need to understand who is responsible for its improvement and cleaning.

Subjects can establish their own regulations, but relying on the general formula for calculating the territory.

Documents are also relevant:

Regulation on SNiP.
SanPiN RF.

What is considered the adjacent territory of an apartment building

All multi-storey residential buildings are documented with the land where they are located (this also applies to the land that is nearby). Plots are registered and assigned a cadastral number.

The home area is considered to be:

land under the building;
elements of arrangement and gardening;
sports and playground;
car parking;
fire lane;
boiler room;
transformer substation;
other infrastructure facilities.

How to know the boundaries

How many meters from the house is considered the property of the tenants? Some are sure that the local area should be 3-6 meters.

The boundaries of the site and its area are prescribed in.

This information is open - anyone can review it on the Rossreestr websiteby entering the minimum data.

According to the general formula, the area of the site cannot be less than the area of \u200b\u200ban apartment building. When determining the size of the local area, take into account:

the area of the site that is allocated for construction;
number of floors of the house;
density of houses on the street;
number of roads, etc.

Based on the fixed parameters, a cost estimate will be drawn up. What is needed when maintaining the site.

If the site is not officially assigned to an apartment building. Then cleaning and beautification rests on the shoulders of the local administration.

Adhere to the following principles of land surveying:

Who does she belong to

The land plot on which the building, built before 2005, stands, was alienated to residents free of charge during privatization. It did not require permission from a government official.

Later acquisition may be of the following form:

If an accident occurs, the judge will oblige the company that maintains the territory to compensate for the damage.

What is meant by site content? - Ensuring the repair of structures and buildings, which is located on the adjacent plot.

It is also worth remembering that apartment owners do not have the right to restrict access to the adjoining building to a service specialist.

Is privatization possible?

What methods of privatization are available today? - You can create an AJOAH and document the transfer of ownership of the site.

OSMD is a legal entity, a non-profit company that is created by residents to manage the house.

This way you can improve the quality of housing and communal services and the proper use of common property.

The transfer of real estate into the ownership of condominiums is carried out as follows:

A meeting is held and a decision is made	Take ownership of the land
Submitting an application to the authorities	For registration of property rights
In the presence of technical specifications and permission to allocate land	They apply to a land management company by submitting a number of documents (a certificate of registration of condominiums, a document from EDRPOU, for real estate, a plan of land boundaries, etc.)
The land management company will determine the size of the plot	And a project has been developed, in accordance with which the withdrawal will be carried out
City Council decides	On the transfer of territory
Draw up an act	About ownership
Ownership must be registered	In the Unified Register

You will not be able to take back your territory, no matter which authority you turn to, if you do not privatize the site.

If the tenants are full owners of the land around the house, then no one will build anything on the site without their permission.

If the land is registered as a property, it will be assigned to citizens in equal shares, but taking into account the occupied area.

Benefits of having ownership rights:

After privatization, clear boundaries of the territory will be established, it is possible to adjust the price of cleaning and landscaping.
You can arrange the area as you wish.
It will also be clear where the funds paid each month go.
It will be possible to prevent the construction of some building.
You can prohibit the entry of cars of strangers, except for specialized ones - ambulance, fire, etc.

The land plot is transferred to the property free of charge. Disadvantages of privatization:

Will have to pay.
On the site, citizens have the right to place only a children's, sports ground, a garage section for disabled residents.
Repair of objects in the local area is carried out at the expense of citizens.

landscaping

It is worth knowing the following standards of improvement:

Waste containers are installed.
They take out garbage and snow, provide drainage of rainwater.
Paint and repair fences and benches.
A recreation area and a playground are being erected and repaired.
Engaged in landscaping.
Provide safe living.

Works also include:

uprooting trees;
garbage collection;
lawn arrangement, flower beds;
application of fertilizer;
fence making.

Thanks to landscaping, you can give the site an aesthetic appearance. Often developers do not pay due attention to such events.

Leaving only mountains of construction debris on the territory. Landscaping is represented by a complex of works.

Aimed at giving the land a proper well-groomed appearance. The work is not planned by the owners, specialists of the management company.

Any landscaping work can be started after the area is cleared of debris.

It is impossible to cut down trees that are already growing on the site, unless there is a special permit. If planting is carried out, choose trees that will not litter the area.

Female species of mulberry, poplar are not planted. Planned work is carried out to eliminate and prevent the appearance of pests.

When selecting plants, weather conditions are taken into account:

if there are severe frosts in winter, it is worth choosing frost-resistant trees;
It is desirable that the plants are resistant to drought.

Soil moisture, relief and composition are taken into account. Developers must carry out yard improvement work only if this is provided for by the agreement.

Landscaping can be:

on the roofs;
vertical;
adjoining.

The surface may have a coating of this type:

hard or soft;
lawn;
combined type.

Install:

steps;
ramp;
ladder;
side stones.

When landscaping, it is important to consider whether there is access to water. The developer must take care of the water supply and the residents are obliged to carry out repairs in a timely manner.

It is important to plant trees and place fences so that they do not interfere when repairs are needed.

If landscaping is vertical, create a drainage system. It is worth taking care of lighting and other amenities. The fence can be made of brick, mesh, concrete, wood.

Plants can be decorations. Small fences are separating - they divide the territory into zones. For example, they protect the gazebo from the garden.

Asphalting

When considering the issue of what is included in the maintenance of the adjoining territory of an apartment building, one should not lose sight of the road surface.

Part of the local area should have a hard surface. It can be:

concrete;
asphalt.

Lay new asphalt or repair old. Works are carried out on the orders of public utilities or residents of the house.

Road works can be carried out by a specialized company employing qualified personnel.

Asphalting involves a set of works that are performed after all documents are agreed with customers.

The complexity of the coatings will depend on the category of the site. Works are carried out using various materials and technologies.

Specialized company:

remove the old layer of asphalt;
prepare the surface;
laying a new layer;
remove debris after completion of work.

If the company has a good reputation, you can count on getting a guarantee. In order for asphalt to serve for a long time, high-quality materials must be used.

Seams after laying must be treated with a special emulsion that has a bituminous base.

When drawing up an agreement with the company that is entrusted with the work, it is worth specifying exactly which stages will be carried out.

Barrier installation

Often, a recreation area near houses in the city center turns into a parking lot for other people's cars, especially near markets.

As a result, residents face additional inconvenience. If the roads are through, you are guaranteed additional problems.

The air will be smoky. It is noisy on the street near such houses. There are oil stains on the road. Yes, and children can get under the wheels of a car.

In addition, residents have nowhere to park their vehicles. Is the situation familiar? There is a solution to this problem - install a barrier at the entrance to the yard.

Video: house territory - a way to earn money or protection from intrusion

Consider the legal nuances of the installation of the structure. You can simply make a decision at a general meeting, but this is not enough.

It is necessary to adhere to the conditions prescribed in the legislation. The first thing that is required is to be the owners of the site near the apartment building.

When the BTI site is held and registered, the owners have the right to landscape the territory to their liking.

This means that it will be possible to install a barrier without coordinating such actions with representatives of the traffic police and the Ministry of Emergency Situations.

If the traffic police make claims, they can be challenged in court. How to be with the Ministry of Emergency Situations? Just do not interfere with the free access of specialists.

The nuances of installing a barrier in the local area and the convenience of its use:

As for a private house

What are the features of the adjacent territory of an apartment building, we have identified. But what about the owners of real estate in the private sector. Consider the nuances.

How many meters according to the law

In legislative documents there is no such thing as the adjoining territory of a private house. This expression is usually understood as a land plot, which is necessary for the owner of the facility for housekeeping and maintenance.

Such plots can be rented, as well as be a citizen, be in homeless use.

A fence is installed at the boundaries of the site. Lands that have a fence in the form of a fence are considered no man's land with a municipal form of ownership.

The site has the right to use citizens who can justify the need for its use.

For example, the territory is needed in order to ensure the exit of the car from the garage. But the municipal site should not be blocked for use by other persons.

The area of the adjacent plot of an apartment building is determined by a specific formula. But it does not apply to private buildings.

Limits are not set by law. The size of the territory will depend on how much land is or is privatized.

You can focus on the following conditions for determining the area of \u200b\u200bthe plot in the private sector:

A certificate of state registration of a land plot is provided to the authorized body. The answer will be given within a month.

Emerging nuances

Citizens have the right to declare that landscaping is necessary if the site is the property of the municipality.

Landscaping will be free of charge or carried out at the expense of the residents, the sponsor. The administrative body has the right to be engaged in improvement, but is not obliged.

It is important to take into account the interests of all tenants during privatization. Often young families have children, transport, and therefore think about meeting their needs.

But it is also important to take into account the needs of the elderly category of citizens who need to provide a place to walk.

It happens, and vice versa, the needs of children are not taken into account - the improvement is organized in such a way that children have nowhere to frolic. All rights holders must take into account the needs of all families.

If the space is misused, it is worth raising the issue at the general meeting. Sometimes the case is taken to court.

If new tenants have moved in, they can make their proposal on the use of the territory. But they cannot make claims about the way the site is used.

From the adjacent territory that is used by residents, it is worth paying tax if it is not rented and is not subleased. In this situation, the landlord pays the tax.

If the land is privatized, the tax is paid by the tenants of the apartment building. The amount of the tax payment is determined taking into account the cadastral value of the site, established by the appraiser.

You can plant small shrubs and flowers near the house (plants that decorate the territory), and in some cases even vegetables and herbs, but provided that the land plot is the common property of an apartment building and at a general meeting of residents, by a majority of votes, it was decided to use the plot specifically as a vegetable garden. AiF.ru found out from the expert in which cases the use of the adjacent territory for a vegetable garden is possible and in which it is not, and when planting vegetables in the beds can result in an administrative penalty.

How, according to the law, can you equip a garden in the local area?

“This issue concerns the common property of the residents of a particular house, and therefore an appropriate decision should be made. Secondly, the territory of this house must have certain boundaries. The land plot under the house must be registered with the cadastre, its boundaries must be determined, and within the framework, respectively, of use, this is possible, ”says Natalya Mikhailyukova, head of the legal service of the Russian Guild of Realtors.

Thus, before planting vegetables or greens in front of an apartment building, gardeners must hold a general meeting of the owners of the premises and put to a vote the question of the possibility of using the plot for beds. Only after the consent is received and formalized by the minutes of the general meeting, they can plant garden crops.

If the land plot has not been formed and the state cadastral registration has not been carried out in relation to it, then the land under the apartment building is owned by the corresponding municipality. According to Mikhailyukova, it is impossible to arrange vegetable gardens in such a local area. “We cannot plant anything of our own in someone else's garden,” the expert explains.

In what case will it not be possible to plant a garden even with the consent of all the tenants?

When designing beds in the local area, it is also very important to take into account the category of land and the conditions that determine its use.

“The main condition is the category of land. If the terms of registration provide for the placement of an apartment building without a personal plot, that is, without maintaining a personal subsidiary plot, then it is strictly forbidden to use this plot for other purposes and plant some agricultural plantings on it. This will violate the norms of land legislation regarding the misuse of land. It will also violate the rules of land use and development, which are established by local governments. Each local government has its own rules that establish the zones of use of a particular land. It also will not comply with the rules of improvement, which are also different in each locality. Accordingly, this may lead to bringing to administrative responsibility,” says Mikhailyukova.

Since the beginning of summer, work has intensified in Strezhevoy to free the territories from unauthorized objects: metal garages, containers, temporary movable property. Specialists of the department of property and land relations carry out field inspections of land plots, instructing the owners to take them to a specially designated area. In the near future, there are also plans to restore order in relation to land plots located near apartment buildings, which residents use for vegetable gardens.

Asiya Abbasova, Deputy Head of the Property and Land Relations Department of the Strezhevoy Administration: “There was a field inspection, a rough plan was drawn up for ourselves, but this issue is not acute yet, I don’t want to offend the residents either. But, if it is located on public lands, this applies to the issue of the residents themselves. That is, they gather a general meeting of homeowners, because the land plots belong to the common area, and they already decide whether to place something there or not.”

Gardens near apartment buildings in our city are mainly located in the Novy microdistrict, where two-story houses are built. The inhabitants occupied the territory at one time, as they please: for some it is small, and for someone it captures not only the house, but also the state. Asiya Abbasova says that it is not possible to issue them either in ownership or for rent. Including - to issue permission for use without granting and establishing an easement.

Asiya Abbasova, Deputy Head of the Department of Property and Land Relations of the Strezhevoy Administration: “Permission to use a land plot without granting it and establishing an easement is granted for objects, the types of which are established by a decree of the government of the Russian Federation. Basically, this is for landscaping, for mobile circuses, for drainage systems, for power lines, for placing bicycle parking.”

In general, the list of objects allowed for placement on municipal lands includes, according to government decree, about 30 items. However, among them there are no vegetable gardens and greenhouses.

Asiya Abbasova, deputy head of the property and land relations department of the Strezhevoy administration: “The problem is this: if they place vegetable gardens, it is mainly the inhabitants of the first floors who suffer. They complain because when watering the gardens, mold and dampness appear in their house. That is, the situation is twofold: maybe for someone it's good, but for someone it's very bad. Because, I know, the residents complained, there were appeals.”

And yet, residents of Strezheve, who live in two-story buildings, can use municipal land to ennoble the area near their home.

Asiya Abbasova, deputy head of the property and land relations department of the Strezhevoy administration: “There are cases when residents gather, write an appeal to the administration and place them on the territory, if the territory does not belong to the house itself, but to the lands of the municipality, they ask for permission to use the land for landscaping: a gazebo, flower beds, benches - these are the elements of landscaping.

Legal advice:

1. A neighbor without my permission plants a vegetable garden under my windows in a two-bed apartment building. How to deal with it.

1.1. A neighbor, without my permission, plants a vegetable garden under my windows in a two-bed apartment building. How to deal with it.
A person whose right has been violated may resort to his self-defence, corresponding to the method and nature of the violation (Article 14 of the Civil Code of the Russian Federation). The possibility of self-defence does not exclude the right of such a person to use other methods of protection provided for in Article 12 of the Civil Code of the Russian Federation, including in court.
Within the meaning of Articles 1 and 14 of the Civil Code of the Russian Federation, self-defence of civil rights can be expressed, inter alia, in the impact of a person on his own property or property in his legal possession. Self-defense may also consist in influencing the property of the offender, if it has signs of necessary defense (Article 1066 of the Civil Code of the Russian Federation) or is committed in a state of emergency (Article 1067 of the Civil Code of the Russian Federation).