Dimensions and rules for the use of the adjacent territory of private residential buildings. The adjoining territory of an apartment building - how to properly dispose of it? Is it possible to make a garden on the adjacent territory

Good afternoon. I would like to ask for advice on how to act if our housing and communal services department practically does not do its job? Thanks in advance for your answers.

1. The apartment in the house was bought 13 years ago. For all 13 years, receipts were regularly paid, where there was a line "Maintenance / repair of the house." For 12 years, repairs have not been carried out even once. To all questions to the representatives "And when?" they answered "No money!". Only when the question arose of changing the management company, Zhilischnik OJSC took mercy and painted the entrance. Please tell me, once in what period of time the repair of a residential building should be carried out, what should be included in it, and if this did not happen on time or not in full, where to contact?

2. At the request of the residents, the house was insulated - from the outside of the house, the workers had to plug the gaps between the panels with a foam hose (I don’t know how to call the item exactly) and paint it. Walking with the child, I watched how the process was going: the workers beat off the old paint in some places and repainted the seams. Not a single worker used a piece of foam plastic anywhere. I informed an employee of Zhilishchnik about this, who reassured me, saying that the work had not yet been accepted, we, of course, would not leave it like that. However, no one else began to insulate or redo anything. Where do you need to apply and what documents to require - certification of receipt of a complaint or something like that?

3. 13 years ago, during the construction of the house, a playground was equipped near it. Now only rusty remnants remain of it - all the wooden seats, the ceilings are broken, the paint has peeled off, the swing is broken, bent. Who should monitor its condition and how to achieve its repair? And, by the way, are there any requirements for such sites - is it enough to pour a bunch of sand so that housing and communal services can boast of an equipped site?

4. Our house is on the outskirts of the city. On the back side, under the balconies, along the house there is a small piece of land (5 meters wide), then a small sidewalk and then - empty land (20 meters), a line of garages and an empty field to the nearest village. The aforementioned playground is located between the sidewalk and the garages. Entrepreneurial neighbors took this land into circulation and turned it into their dachas. The land is completely fenced off, in some places it’s just beds, fenced with boards, a little further - full-fledged vegetable gardens, with a high fence and a single gate (so that you can’t go any further), greenhouses and hotbeds. The entire area around the playground is planted or fenced, a piece of land right under my balcony is planted with potatoes. Grandmothers water the whole thing with manure, so there is a specific smell on the site. As far as I know, this is a gross violation - the yard area cannot be used in this way. You can plant flowers, but no agriculture, fences, and even more so, no buildings. Am I right or not, and if this is a violation, where should I go to have this Smolensk "Rechnik" demolished?

The territories that are located in the immediate vicinity of apartment buildings are property that belongs to all residents of this building at the same time.

But even in this article it is written that there should not be any act stating that this is the case. Thus, the current legislation tells citizens that they can do whatever they want with this land, but within certain limits.

Another reason for owning this territory can serve. It clearly states that such land plots and other immovable objects that are part of the house automatically become the property of a common share type.

All residents of the house have the right to it. And to make decisions about any actions with it should be taken by all tenants by voting. It should accept the majority of tenants living in the house.

Thus, based on all the provisions of the current legislation that were cited above, we can confidently say that fencing the adjoining territory of an apartment building.

How to fence the adjoining territory of an apartment building?

As mentioned above, such a decision should be made by a certain assembly, which should consist of the vast majority of people living in this house. At such a council, clear decisions should be made on how much land will be fenced off, what type of fence will be installed.

Most of the disputes in such a situation usually arise around the cost of all work. The collection of funds also falls on the shoulders of the residents of the house.

Often, not all people want to invest in such projects, and many of them do not even show up at meetings. That is why fundraising is usually a problem.

Usually, the required amount is divided equally among all tenants, after which a collection is made. Many citizens will not want to give away their hard-earned money until they see a concrete plan for how all the fencing work will be done.

Such a plan should be drawn up under the full control of the tenants' meeting in order to avoid problems in the future. But for the direct preparation of such a document, it is better to hire a specialist and include the cost of his services in the total amount that will be required to complete all the work.

Next, you need to coordinate the construction of the fence with some government services, which such a building may interfere with. This can be done if you bring the plan that was developed by the residents to the representative of each of the following services.

If approval is received, then the building is considered legal. In addition, each representative should be asked to sign and seal. This will serve as proof that the plan has been seen and approved.

If the case goes to court, then you can avoid a lot of problems if you have a plan in your hands, certified by the signature and seal of each service.

Types of barriers

Devices for barriers in the adjoining territories of an apartment building are divided into:

1. On structures that provide a complete ban on access to the territory.
2. On different designs that can provide a partial ban on access to the local area.
3. Structures that can block access to some part of the territory. This type of fence is called target.

Coordination

After preparation, the plan for carrying out all work must be agreed with such services as:

1. Ministry of Emergency Situations, namely with the local management of this service.
2. Police represented by the leadership of the local branch.
3. With the ambulance service that operates in the area.
4. With an inspection of the architectural and construction type.

Important. All these services must carefully study the plan and then put their seal and signature. Thus, they will show that they do not mind the construction of this.

If the tenants do not take this condition seriously and do not coordinate their actions with the above services, then one of them may be offended in the future and go to court with a statement of claim.

If the tenants fail to prove the fact that the work was coordinated, then the judge will undoubtedly take the side of the plaintiff and decide on the liquidation of all previously performed work. In other words, everything that was built will be automatically demolished by court order, and the money that was collected from the tenant will be thrown to the wind.

As a result, we can conclude that no one forbids residents to protect the territory on their own, and all their actions will be absolutely legal if they adhere to a certain procedure, which is prescribed above.

The services mentioned above can go to court not only because they are offended.

The fact is that they also have their own duties, and in order for them to be able to fulfill them fully in a fenced area, coordination is required.

How to deal with illegal fencing?

If the fences of the courtyard of an apartment building were installed inconsistently, then this action is considered illegal. They are very actively fighting with this, and in order to deal with such a disgrace, you need to:

To draw up an application, it is better to use the services of professionals, since legal literacy must be observed.

Conclusion

If there is a desire to protect an apartment building from uninvited guests, then it is better to immediately comply with all the formalities, which are not so many.

This will avoid many problems that may arise in the future.

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).

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2. Neighbor organized a garden under the window, is it legal?

2.1. If this is your land documented, then it is illegal, you can contact the district police officer or write a statement to the police, let them sort it out with a neighbor.

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3. Who has the right to plant a garden in the local area and under whose windows?

3.1. tenants with the consent of the majority of MKD owners.

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4. Low-income family, I and two children live in an apartment. Two storey on the outskirts of the city. I arbitrarily built a fence under my window and planted vegetables. The technicians came and removed everything. Not allowed. So where do we ask for a little piece of the garden? It's difficult without him. Why aren't we supposed to do anything? Never received child support. No child support certificate. He never received alimony because he does not work. We don't have any relatives either. there was joy, cucumbers and tomatoes, but it’s not supposed to.

4.1. So you brake the bailiffs for alimony. You yourself dropped your hands and let it take its course.

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5. I live on the first floor, and a neighbor from the fourth floor has planted a garden under my windows. Does he have the right to do so?

5.1. Since we are talking about an apartment building, the land plot on which such a house is located and which is intended for the maintenance and operation of the house is the common property of the owners of the premises in the apartment building, and questions about how this site should be used should be decided by the general meeting of owners. If there was no decision of the general meeting allowing the use of certain parts of the land plot for vegetable gardens, then the actions of the neighbor are illegal.

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6. What to do with a neighbor, she constantly swears at my children, brings garbage to us under the door, beer cans, etc., says that they allegedly throw this garbage in the yard. And recently she told my 6-year-old daughter that she would poison our cat if he came to her garden, which is located under our windows, we live on the first floor. Tell me how can we be?

6.1. There are several ways. We need to act all at once.
1. Install a video surveillance system and, for each fact of illegal actions of a neighbor, write statements to the police, attaching a video.
2. Find at least 1 bruise or abrasion on the child (children love active games), remove the beatings and contact the police again with a statement that the neighbor harmed the child.
These measures will moderate the ardor of an inadequate neighbor.

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7. The question is this. We live on the first floor under our windows. There is a small garden; a woman from the next entrance from the 2nd floor uses it. We have a cat, he sometimes goes out of the window for a walk. She told my 6-year-old daughter that if he enters her territory again, she will poison the cat and that we will live without a cat. Tell me how to be.

7.1. I think that with such an attitude, it will not be superfluous to scare your neighbor by contacting the police. And for one thing, tell her that the article on cruelty to animals still works and just the fact that killing an animal can have a traumatic effect on the mind of a child (no matter what), and is one of the main circumstances for arousal criminal case. And yet, this can be qualified as damage to personal property, which can also entail certain legal consequences...

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8. MKD 2-storey. A neighbor above me is planting a garden under my windows, she doesn’t allow me, she said, I’ll trample. What to do?

8.1. Olga!
And under what conditions in relation to the land did you purchase an apartment in the MKD?
You can divide the land plot into proportional shares in accordance with the number of apartments in the house. To do this, file a lawsuit in court and contact land lawyers.

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8.2. According to Art. 36 of the Housing Code of the Russian Federation, owners of premises in an apartment building own the common property in an apartment building, incl. and the land on which the house is located. A share in the right to common property in an MKD cannot be sold, donated, pledged, allocated in kind, - it has no other purpose than to ensure the normal operation of the house. No court will divide or allocate such a share. To get started, contact your management company in writing, you can call UIM, you can also apply to the court to remove the obstacle to the use of the land.

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9. Tell me, can I terminate the contract for the sale of a house under maternity capital? Such a situation: in the house that we bought, the mother-in-law of the seller used to live. She is not even registered here, but according to her, she lived in this house for many years and she did everything, and she built all the buildings and inserted windows. She walks almost every day and picks up something from the garden, says that she will sort out her buildings. We did not discuss this with the seller. What do you advise?
Thank you in advance!

9.1. You have every right to call the police and not let this lady into your territory. As soon as she approaches the house, do not let her in until the use of force (without exceeding the limits of the defense of the house). And it will be difficult to terminate the DCT on such a basis.

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10. I have 2 questions. 1-under the windows of a 5-storey building, a neighbor fenced off a significant area for her front gardens. In the event of a fire, cars will not be able to drive up. Where can I go to have her clean her garden? 2-at each entrance in our house, there is a room for wheelchairs. One of the owners put the door herself, and keeps her shovels and other rubbish there. The stroller has to be carried up to the 5th floor. How to solve this problem, and where to go?

10.1. Apply to the court with a claim for the removal of obstacles to the use of property at home. On such issues, there must be a decision of the general meeting in accordance with Articles 44.46.48 of the LC RF. if not, it's illegal.

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11. We live in a barrack-type house, all apartments are privatized. Our land is under the windows of neighbors. In the spring, the neighbors want to make a foundation and want to cut our fence (mesh) to make it easier to make it. On the proposal to simply go into our garden and do all the work, they refuse. They want to remove the fence and threaten that they will do it themselves. Do they have the right to do so? And where will he turn to protect himself from impudent neighbors? Thank you.

11.1. If the land is registered, surveying is carried out, there is a division in kind, then their actions are not lawful. You have the right to put up a fence along your border.
Complain to the police, the prosecutor's office about arbitrariness.

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12. My half of the house is from the side of the street and the neighbors from the side of the garden can the neighbors park the car under my windows.

12.1. Andrey, good afternoon! It does not matter the location of the residents of the house. It is forbidden to park a car under the windows of a residential building. In addition to the very fact of setting under the windows, there is also, most likely, a check-in on the lawn. Warn your neighbor about the fact of bringing to administrative responsibility. It will not help to take pictures and send them to the traffic police.

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12.2. Most quickly in your question we are talking about a land plot on the territory of a private household, which is in shared ownership. You can determine the procedure for using the land plot and then the dispute will be settled. However, for a more complete consultation, in relation to your situation, you need to familiarize yourself with the documents. My contact details are on the site and under this answer.
I'm glad my answer was helpful to you.

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13. Tell me, is there a law on the sanitary zone (I mean a meter under the windows of a private house to maintain the foundation)? The police said that there is no such law for a long time and we have to pay neighbors to come to our windows (they have a garden there. We don’t have land surveying)

13.1. Indeed, there is no such law. But the easement, in the form of such a limited right to use someone else's land - unless otherwise agreed, will always be paid. See Art. 273 of the Civil Code of the Russian Federation.

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Consultation on your question

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14. I live on the first floor of a two-story Stalinka. The house has 8 apartments. I bought an apartment in 2011, under the windows of the apartment, a garden-garden was laid out by the previous owners, the site is fenced. A neighbor from the second floor began to demand a piece of land under my windows. I do not want someone walking under my windows, disturbing my peace. What legal norms can I appeal in a dispute with him? Thank you Tatiana.

14.1. All tenants have the right to use the common property of an apartment building, including the adjacent territory, on equal terms.

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15. 1,100,000 rubles 2-room apartment on the second floor in a two-story brick house, not expensive, 45 sq.m. there is a pantry, plastic windows, sunny side. Ryazan region, Sasovo, city center, garden under the windows, barn, well-developed infrastructure, kindergartens, school. From the owner. Reasonable bargaining is appropriate.

15.2. Igor Ivanovich.
This is a legal site, you need another site where you can place your ad.
All the best.

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16. please help with the question. We have a window overlooking the neighboring yard where he plants a garden ... it turns out he pours me under the foundation. I began to notice that my wall had cracked. What to do? Do I have the right to forbid him to pour under my foundation?

16.1. And it’s like he’s pouring under your foundation, since the crack on the wall can be for other reasons, try talking to a neighbor, if he doesn’t respond, then you can contact the local administration with a complaint.

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17. We are a large family, today I watched through my window from the first floor how a neighbor from a neighboring entrance was chasing our cat with sticks around her garden broken under our windows. My children also saw it, they felt sorry for their cat, he sometimes goes out for a walk through the window. Tell me how you can punish her for this. Thanks in advance.

17.1. If she did not cause harm to his health, only you cannot bring responsibility to her, warn about the inadmissibility of such behavior and threaten to go to the police on the fact of cruelty to animals.

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18. Tell me please. We are a large family, a year ago we bought an apartment on the ground floor, 3 large windows overlook the side where right under our windows there is a garden, the hostess from the next entrance did not want to give it to us. It constantly bothers us that she walks under our windows, etc. Today I watched her chase our cat with stones around the garden, he goes out for a walk through the window. Please let me know how I can get her right to this piece of land. Thanks in advance.

18.1. I think you need to contact the city administration and find out on what basis it occupies this land! And there already to think how to appeal against Her actions. I doubt that anyone can legally plant a vegetable garden in the city. Good luck to you!

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19. My mother lives in Sevastopol in an old Stalinist house on the 1st floor. Under the windows she has a small plot of land in which, as a pensioner, she plants her garden. Neighbors from the 2nd floor are trying to build an extension in the form of a building instead of a balcony, and piles that will keep all this construction dug under its windows. Of course, she resists as best she can, but she does not know if she can privatize this site. Thanks for the answer.

19.1. Regarding the possible privatization, you need to contact the administration. But most likely this is public land, here you need to look at the documents, before Sevastopol was part of Ukraine, there may be nuances.

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20. Neighbors from the second floor put their car under my window. Everything would be fine, but the fence of my garden can fall at any moment, and apparently I will have to answer. But how can I convey to them that they put their car under their windows?

20.1. Apply in writing to the district administration with a complaint. There is no established application form. It is written in free form with a statement and explanation of the circumstances of the case. From whom, your address and phone number, to whom (name or name of organization, position), what, where, when, what you ask or what you want to know ... Date, signature.

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20.2. I believe that in this case it is necessary to make an appropriate announcement on the fence and fix it well. Indicate in the announcement that the fence is dangerous. In this case, you will not be held liable.

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20.3. Anna! You can apply to the traffic police with a complaint about parking in an unspecified place. In addition, you can write a written claim to the owner of the car demanding to remove his car from under your windows, if they do not do this, then you disclaim all responsibility for possible damage that may be caused to the car due to the fall of the fence. I advise you to contact the lawyers of the site in your personal mail, they will help you solve your problem, suggest ways and means of solving it, and draw up the necessary documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site!

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21. I live in a village. The windows from my hall overlook the garden to the neighbor. A neighbor under my windows made a compost pit close to my foundation. Are the neighbor's actions legal and what are the technical standards?

21.1. in accordance with the current legislation of the Russian Federation, indents from the boundaries of the site are provided only for buildings.

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22. For the 3rd year, we cannot get the neighbor to clean the garden under her windows. Our windows are adjacent to her garden. We appealed to the administration, she was fined, but she told us and the administration that you would not wait. She fenced the garden and hung a padlock. It is impossible to open the window - flies fly. Our house has 18 apartments. She walks around laughing at us and at the administration, we can’t do anything with her. What should we do in this situation? Where else to apply?

22.1. There is really only one way out - to go to court.
After the trial, you need to get a writ of execution and submit it to the bailiffs.

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23. We bought an apartment on the second floor in the 5th floor. There are fenced gardens under the windows. So it is possible? Firemen after all case of what will not come up.

23.1. Timur
All these gardens and fences are most likely not officially installed and should not be.

Best wishes.

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24. We live in a 5-storey building under the windows of our gardens. Do we need to install metering devices for each garden or can we pay a tariff per hundred square meters? Is there any law to pay per hundred?

24.1. You must have an agreement with Vodokangal, which specifies the tariffs, including the irrigation area according to the standards. Contact the water company

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24.2. The land that you use, it most likely does not belong to you, it is municipal, if I understand correctly you are not its owner, then you don’t have to pay anything, you don’t legally grow your garden

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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.

In the conditions of modern life, it is important to know what role is assigned to the adjacent territory of your house, as well as who is responsible for maintaining order on it. Interest in this topic is not at all idle, since maintaining a land plot in a normal form requires certain expenses from the owners, but with the skillful management of this resource, a nearby plot can also become a good source of income. So what is the adjacent territory of an apartment building and how to properly exploit it?

When purchasing an apartment, each equity holder knows for sure that after the completion of the transaction he will become. But at the same time, not every newcomer thinks about who owns the territory adjacent to the house. By simple logic, it should be the property of the residents of the apartment building built on it, because the house adjoining area with its squares, benches and playgrounds was originally planned for the recreation of people living in the house.

In practice, instead of residents, the territory adjacent to the house is often used by anyone and at their own discretion. Instead of a sports ground, a store is growing, and in place of the square there is another new building. Can tenants become absolute owners of the local area?

The composition and area of ​​the adjacent territory

The adjoining territory of an apartment building is the land located around a residential building, which is defined and assigned to it by land management and urban planning documentation within the allotted area. In addition to the house itself, this territory may contain buildings belonging to the house and non-residential premises necessary for the operation of high-rise buildings and meeting the needs of its residents and tenants. The tenants of the apartment building, which is built on this site, must maintain its condition in a normal form, because it is their joint property.

The adjacent territory is transferred to the owners of apartments in a high-rise building free of charge, although it is considered an object of taxation. The amount of tax for each tenant depends on the number of apartments in the house, between which it is distributed proportionally.

The area, boundaries of the territory and its other parameters are displayed in . Based on these data, management companies calculate the cost of cleaning this site. If there is no appropriate registration of the adjacent plot, then its maintenance is provided by the administration of the municipality. How is the adjacent territory of an apartment building determined? The size of the adjacent plot is determined based on the existing density of the surrounding buildings, the number of floors in a residential building, and the availability of public roads.

The minimum size of the adjacent territory is considered to be a plot equal to the area of ​​\u200b\u200bthe house itself. The size of the local area is determined by special formulas. The formula is taken as a basis, where the normative area of ​​​​the adjacent plot of the MKD is calculated by multiplying the total area of ​​\u200b\u200bthe premises of the house by the specific indicator of the land share per 1 sq. m of housing, taking into account the number of storeys and the age of the building. In fact, the area of ​​the land plot determines the location of all other objects in relation to each other, the territory that was allocated to the developer for the construction of buildings and other aspects. The adjacent territory is not always on the cadastral register. In such cases, the data of the registration certificate of the land plot is used.

The adjacent plot is a single territory, and it is impossible to allocate a part of it at the disposal of a separate entrance or for the sale of a separate apartment. According to the Rules for the maintenance of the common property of an apartment building (No. 491 of August 13, 2006), the adjacent territory of an apartment building consists of:

• the piece of land where the building is erected;
• landscaping and other amenities;
• children's and sports grounds;
• clothes dryers;
• collective parking lots;
• fire lanes;
• transformer substations;
• thermal points;
• other facilities necessary for the normal operation of the house.

All listed objects must be located within the boundaries indicated in the cadastral passport. Owners can entrust the management of their land to:

• house committee (independent management),
• HOA or other special non-profit organization;
• management company.

Use of the land plot at the house

Its owners do not have the right to restrict access to the area around the house, as well as to put up any obstacles for the maintenance of engineering communications and the arrangement of the site. They have the opportunity to rent out part of the area, place billboards on it, and equip paid parking. The proceeds can be used for common household needs: home repairs, partial payment of utility bills, etc.

The fate of the adjoining territory of an apartment building - the construction of children's and sports grounds, planting trees, arranging parking lots and installing fencing posts - is decided only at a general meeting of homeowners. The resulting profit is also shared collectively. In order for the decision to be valid, half of all residents of the house must participate in the vote, proportionally for each apartment. If, after installing the fence on the site, the rights of people living in neighboring houses are violated, then, according to a court decision, the adjoining territory may be imposed. After such measures (if there is no other passage), the neighbors receive their legal right to move freely on your land.

Pros and cons of registration in the property of the adjoining plot

Is it worth it to register the adjacent territory in the property? Arguments for":

• protection of the yard from illegal construction - shops, gas stations, residential buildings;
• receiving profit with its further distribution for the improvement of the yard and repair of entrances;
• land privatization is free.

The allocation of the adjacent territory into common shared ownership gives residents the right to use it at their discretion. If, according to building codes, paid parking can be equipped in the adjoining territory of an apartment building, you can get a good income from motorists.

You can give permission to install a kiosk in the courtyard and dispose of everything together with the rent of its owner. The owners of the local area have the right to demand rent from the owners of hairdressing salons, supermarkets and other establishments that are located on the ground floors with the corresponding access roads and outbuildings and transfer it to the account of the house.

Arguments against":

• the need to pay land tax;
• only children's and sports grounds, as well as garages for the disabled and participants in the Second World War can be placed on the site:
• repair and maintenance of the territory (including roads, courtyard passages) is now carried out at the expense of the owners of the house.

While the roads and the adjacent territory are in municipal ownership, they are somehow patched up from the city budget. By the way, patching 1 square. m of asphalt costs 700 rubles, and capital - 1000 rubles.

Who owns the adjoining territory of an apartment building and who should pay for what? The adjacent territory belongs to a residential building, its maintenance and operation are carried out together with the house from one source, that is, at the expense of the owners of the housing. In accordance with Art. 158 of the Housing Code, the owner of a dwelling in an apartment building must also participate in the costs of maintaining the common property in proportion to his share in the common property right. And it, in turn, is proportional to the total area of ​​​​the apartment, which belongs to its owner. The scheme is simple - the larger the living space, the higher the owner must pay for the maintenance of the adjacent plot. So why is this privatization necessary?

The need for privatization of the land plot of MKD

The appearance of a new residential building, gas station or supremarket in the local area is a common occurrence. And this happens due to the reduction of playgrounds and green recreation areas. The saddest thing is that the residents cannot influence the situation in any way, even when applying to all the competent authorities. If by law the land does not belong to you, then someone else will dispose of it.

But if the owners of housing, then without the permission of the owners, no one can build anything on it. Privatization of land near the house will clearly define the boundaries of the local area, which will allow you to adjust the cost of cleaning and landscaping the site. Everyone will finally understand where their monthly fee goes.

This is, so to speak, the tip of the iceberg. Most of their apartments are now privatized, and if suddenly a natural disaster (fire, gas explosion) occurs with the house, or simply the housing is in disrepair due to old age, there is no need to hope for new apartments from the state today. In such a situation, the land can be sold in order to recoup their losses and not be on the street. If the arguments are convincing, it is worth learning how to formalize the rights of residents to their territory.

Claim your land

The law provides for three ways to determine the area of ​​adjacent plots: the first - for new buildings, the second and third - for houses built a long time ago. In the first version, the MKD undergoes a mandatory cadastral registration procedure, during which the size and boundaries of the adjacent territory are established, and only after that the house is put into operation. The formation of the land plot is carried out by the developer, respectively, and the cost of the work is included in the cost of the purchased housing. If the territory adjacent to the house passes to the residents in common shared ownership free of charge (for old apartment buildings commissioned in the Soviet era, before the Housing Code appeared (03/01/2005), then two other options are used: when the territory is already on the cadastral register and another when the land is not registered.There are some nuances here regarding the plots that are on state registration in the cadastre.

If the territory was formed before the start of the Housing Code, then formally nothing is needed to transfer to shared ownership. But in practice, residents must apply to the Federal Registration Service to register their right to share ownership of the adjacent territory. In the language of lawyers, such registration is not a right-establishing, but a right-confirming one. This means that the tenants of the house acquire all the rights and obligations of the owner in relation to their territory, regardless of re-registration.

The second option is the most common: the adjacent territory was not formed (this means that there are no documents for it in the cadastral registration) before the advent of the Housing Code. For a free transition to common shared ownership of such a territory, it is necessary to follow the general procedure for its registration:

1. Make a decision on the need to form a territory and conduct a cadastral registration (the decision is made by the general meeting of homeowners).
2. Prepare an application for the relevant authorities on the transfer of the territory from municipal (state) ownership to the ownership of homeowners.
3. Apply with documents for state registration of the right of common shared ownership of the local area to the local cadastre department.

Officials consider the application and form a land plot with cadastral registration. After this procedure, the territory becomes the property of the residents of the house (free of charge).

Recalculate the maintenance and landscaping of the site

The list of services for the improvement and sanitary maintenance of the site includes:

• house cleaning;
• garbage and snow removal;
• arrangement and care of lawns;
• laying out flower beds and caring for flowers in the summer season;
• production of a metal fence for the territory of courtyards;
• playground equipment (slides, sandboxes);
• facade cleaning and painting (cladding, gratings, gates, benches).

There have always been enough complaints about the quality of these types of services, especially in winter, when snow drifts do not allow you to get out of the house normally, and untimely cleaning of the site in the summer or disruption of the household waste removal schedule is also not uncommon. Naturally, if the services or work performed do not correspond to the declared level, the company must reconsider the rates for payment. An application for revision of tariffs (with mandatory registration) is sent by the site owners in writing no later than 6 months after the observed violation. The basis for reducing the amount of payment for the deterioration in the quality of maintenance of common property will be an act that reflects all the facts of the provision of services not at the proper level, which is made up by the owners and the management company.

Legislative imperfection

The quality of maintenance and improvement of adjacent territories of apartment buildings is not the only problem for its owners. According to the general formulas, the area of ​​\u200b\u200bthe adjacent plot should not be less than the area of ​​\u200b\u200bthe entire MKD, more often it is much larger. Documents, according to which all calculations are carried out today, have become obsolete after the introduction of the Housing Code of the Russian Federation, which is successfully used by some municipal authorities on the ground. In some cities, disproportionately huge areas of land are hung on the owners of the local area, which have nothing to do with their residential building. A number of other settlements (for example, Rostov) have gone to the other extreme, leaving the residents of the MKD without a house adjoining territory at all. The President instructed to prepare a regulatory document with new principles for the formation of the local area under the MKD, but even today the land is still the object of speculation and arbitrariness.

It is not always easy to privatize the adjoining territory of an apartment building, but in the end, the tenants will be sure that only they will manage the land near their house.