Registration of the adjacent territory of an apartment building as property in Moscow -FRANZ-A

Slight confusion of concepts and regulatory framework

After the construction (or reconstruction) of housing is completed, it is the turn of the surrounding space. The number of owners trying to create beds from fence to gate is decreasing every year. Increasingly, landowners are trying to combine practicality and beauty, and therefore, when they talk about improving the area around their house, they mean landscape design.

Meanwhile, the legislation uses the concept of local area, which differs from everyday life. Initially it referred to apartment buildings; I meant the area adjacent to the house. There is no clear definition in the documents, but the home territory means the land plot necessary for servicing the property.

The area of the local area for multi-apartment and individual buildings is determined according to different rules, but for private housing the procedure seems simplified. The site plan indicates the area owned; in this case, the adjacent territory is considered to be a strip of land 1.5 m wide outside the fence.

Land Code of the Russian Federation Source tverbti.ru

This land may be the property of the owner, and then it is included in the cadastral passport of the land plot. Otherwise, it is considered the property of municipal services. Depending on the accessory, responsibilities for care and operation are divided.

How to register the property of a local area for free

Note:
before state registration of the right of common shared ownership of a land plot, which is common property in an apartment building, the owner of a residential premises must register his right to this premises, which arose before the entry into force of the Registration Law.
More to read: Mrot from July 1, 2020 in Moscow

We submit these documents to the administration’s “Single Window”. We receive the incoming number and wait. In the meantime, the administration, at its own expense, carries out a topographic survey of the site, and after that you are invited to agree on its boundaries. After this, the Administration issues an “order to approve the land plot scheme” for your house. Now money for the design of local areas is allocated from the local budget. Therefore, after receiving the order, you will have to wait for the city to allocate money for land surveying and registration of a cadastral passport for your land plot.

When the adjacent territory is registered in the name of the owner of the house

A full list of rights and obligations of land owners, including in relation to the local area, is prescribed in the Land Code. If the plot outside the fence belongs to the owner of the house, then the improvement of the local area falls almost entirely on his shoulders. Responsibilities include the following types of work:

Timely cleaning.

This is a key responsibility of land owners or occupiers in the private sector. They are responsible for removing debris and snow and installing a garbage container.

Roads are not included in the list - they are always on the balance sheet of public utilities (the municipality). It is possible to delegate cleaning responsibilities to the management company.

Where does the area of responsibility end Source kpcdn.net

Maintaining an aesthetic appearance.

It is understood that landscaping and vegetation maintenance is carried out by the owners. Usually, owners willingly plant trees, bushes and flowers, trying to make the site beautiful and useful.

If you need to cut down dry branches, you can contact the management company. If the local area is not privatized, municipal services take care of the maintenance and landscaping themselves.

Lighting of the local area.

Lighting outside the perimeter is provided by the owner; municipal services are not involved.

Security.

The owners provide free access for emergency services, and also monitor the normal operation of communications.

Legal grounds for registering land under apartment buildings

this was the case previously, but now, as of July 14, 2020, it has become possible for any resident owner of an apartment in a multi-storey building to register with the state authorities or local authorities with an application for the formation of a land plot on which an apartment building (MKD) is located.

The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

When the owner is a municipal service

If the land outside the perimeter does not belong to the owner of a private house, it is managed by structural units of the municipal service; their rights are also spelled out in the land code. The home owner must understand that in this case the services have the right to take the following actions:

Carry out landscaping and landscaping at your own discretion.

Around the house Source rixot.ru

Ensure order and security with the right to install video surveillance.
Take care of lighting, install functional or decorative lamps.
Remove debris, leaves, snow; cut down branches that are dangerous for communications.
Asphalt the roadway.

Reasons for registration

There are several reasons for registering ownership of the land under the house. First, housing is considered a complex component of real estate. That is, it consists of two parts: the housing itself and the land underneath it. This also applies to multi-apartment residential buildings.

Secondly, if the land under the house is owned by the residents, then no one outside, including government authorities, will be able to take any action with the site without the knowledge, without the consent and against the will of the owners of this property.

How to register ownership of land under an apartment building?

We have already said above that the land plot under the house can be privatized both collectively and individually. At the same time, you need to know that the land under the house can be recognized as common property even if one of the owners privatizes the land under their home. The procedure for registering ownership in both cases differs only in details.

If the entire plot is registered, then on behalf of the collective owner his representative, elected at a general meeting of owners, who registered his rights with a power of attorney, most often notarized, acts.

The law provides that in this case the owner’s representative can act on behalf of the owner on the basis of a notarized power of attorney.

Then a determination is made of the common property, the applicant’s share in the common household, size, boundaries, value at a given time, who owns the plot, etc.

Registration of rights

Upon completion of formation, the land plot is registered. That is, the property rights of the owner of the site are registered. It is assigned a cadastral number and title documents are issued.

How to landscape a yard

The site maintenance conditions include mandatory and recommended measures. If taking out garbage, preventing bushes from growing and cutting down dry branches is a duty, then the following work on arranging the local area is carried out at the discretion of the owners:

Landscape changes: leveling the territory, or, conversely, organizing the relief.
Planting fruit and ornamental plants.
Laying out the lawn and flower beds.
Taking care of soil quality, timely cultivation and fertilization.
Arrangement of the fence, possibly replacing part of it with a hedge made of deciduous shrubs or coniferous trees.

Reasonable approach Source artumstudio.ru

Arrangement of a recreation area (depending on preferences - gazebo, barbecue area, bathhouse).
Construction of a children's playground or sports ground, swimming pool.
Construction of a decorative pond.
Small landscape works: fountain, alpine slide.

The owner can arrange the private area as he sees fit. Within the framework of the land plot, any transformations and projects necessary for a comfortable life are possible. It is important that all actions do not go beyond the standards established by law and do not lead to a change in the purpose of the site.

See also: Catalog of companies that specialize in landscape work of any complexity

Advantages and disadvantages

Residents make a decision to register ownership of land plots based on the advantages and prospects of such a step. It is necessary to weigh not only the pros, but also the cons of the decision, and find out how to register the land correctly from a legal point of view. If possible, you can seek the help of a lawyer experienced in these matters.

What are the advantages of registering common property?

If local authorities decide to carry out any actions of a burdensome nature in relation to the land, they will need the consent of the owners. Thus, the acquisition of ownership of the territory under residential premises is guaranteed protection from any actions that are contrary to the interests of residents.
Also, only owners can give consent to the development of a project and the construction of various structures near their home, for example, parking lots, small retail outlets, etc. Persons who inhabit an apartment building can themselves determine all work on their territory.
At the same time, those living in the house can profitably use the advantages that common ownership of a land plot gives them. If they wish, they can build a parking lot for themselves, a parking lot, a sports or children's playground, and improve the recreation area. Thus creating for yourself the most comfortable living conditions.
Another beneficial use of property rights to local land is renting it out. Residents can give part of the territory to the tenant, making a profit. Rent money can be used to solve general house problems.
Housing in an apartment building with registered land will be more expensive, this is also an important factor.

At this time, any square meters within the city are of great value to developers, so you need to protect your yard from unnecessary buildings.

Like other owners of movable or immovable property, owners of a land plot under an apartment building have their basic preemptive rights:

fully dispose of their property in agreement with other residents and local authorities - transfer part of the lease agreements to obtain additional benefits for all residents. For example, purchasing new benches and renovating old ones, equipping a children’s or sports ground at your own expense, planting trees and other plants, and landscaping the common area at your own discretion.
residents can decide for themselves about the advisability of constructing a particular utility or entertainment structure, and prohibit self-government bodies from making decisions regarding their property. For example, they should not allow the construction of an entertainment facility next to their home, which will interfere with relaxation and quiet walks near their home. They can also order a variety of works to improve the general appearance of the local area, landscaping and planting flower beds. Residents cannot but like the beautiful view from a window or while walking.

There are several disadvantages:

payment of mandatory taxes to the treasury of self-government bodies, this is mandatory for all owners and holders of property rights;
the inability to personally dispose of one’s share of the land - no one has the right to allocate it separately, which means it cannot be sold, exchanged, or leased.

But owning land always has its undeniable advantage - it cannot burn, disappear or be stolen. Therefore, it is better to have it than not to have it.

How to create a HOA in a cottage community is described in the article: how to create a HOA in a cottage community. How to register agricultural land as your property, read here.

Whether relatives can challenge the sale of an apartment is discussed in this article.

Nuances of yard layout

Designing a yard in a private house will require a lot of effort and time. To prevent resources from being wasted, it is useful to make a draft of future transformations before starting work. Most people plan their plot without involving landscape design specialists.

The classic layout involves dividing the site into zones. At the same time, housing accounts for about 10% of the area, a vegetable garden – 17%, an orchard – up to 40%, and berry crops – up to 20%. The remaining 13% is distributed among outbuildings, flowers, ornamental shrubs and lawns.

Thought out to the smallest detail Source corner.com.ua

In practice, the proportions depend on the tastes and preferences of the owners, and can be flexibly shifted in any direction. Planning is a responsible matter, therefore, in order not to miss and avoid a critical mistake, it is useful to use the following recommendations:

When drawing up a project, take into account the wishes of household members, the needs of pets and the likelihood of receiving guests.
Information from the Internet will be a useful help, where you can always get some useful ideas. There are plenty of thematic resources on the Internet with ready-made projects, video tutorials, photo reports and advice from professionals.
There is no need to waste time and resources and level the area if there are no obvious differences in elevation. It is much more productive to use a small depression or slope to create a garden. A site with a non-standard landscape looks attractive; the main thing is to strengthen the slope and install a drainage system where necessary.
The design of the yard should correspond to the style of the residential building. Only in this case will it be possible to avoid dissonance, and the overall impression will not be spoiled.

Elevation difference is not a hindrance Source amazonaws.com

Landscaping and SNiP requirements

There are no special GOSTs for creating landscape design in the local area. However, when engaged in landscaping, owners are forced to limit their imagination to the sanitary and hygienic recommendations prescribed in the SNiP rules. To avoid misunderstandings with neighbors and soil and soil pollution, the private sector has to regulate basic construction standards. When planning the local area, the following standards are taken into account:

The permissible distance between neighbors' houses and outbuildings, taking into account the fire resistance category of the buildings.
The distance between buildings and the fence, as well as the type of fence.
Layout of the yard if a septic tank and drainage field are installed.
Minimum distances between a house, a well, a toilet, a compost bin, a bathhouse, and buildings for farm animals and poultry.
The location for the pool and pond is chosen in the high part of the site.
Location of trees.
Placement of engineering systems.

First there was a plan Source pinimg.com

Legislation on land under MKD

Residents who have received ownership of the local area must take into account that it can only be used taking into account its category and intended purpose. Such a territory usually does not have a large area and you should not count on the construction of any building or structure on it. Local authorities will most likely not give permission for this.

If the area allows, you can arrange parking for your own cars, build a playground for children or sports.

All issues relating to land under MKD are regulated on the basis of the Housing Code and several separate laws.

We invite you to familiarize yourself with: Shared ownership of a land plot, donation rules

There are many subtleties and reservations regarding the site under the MKD.

The privatized territory under an apartment building is considered common property.

It includes all elements and premises of the house that are not living space, but are necessary for the operation of apartments and maintenance of the building, including the roof, load-bearing elements, corridors, landings, technical buildings, land plot of an apartment building and much more.

Only apartment owners have the right to dispose of land, but they can do this only within the framework of the Housing Code of the Russian Federation. Privatization automatically assigns responsibility for the maintenance of the territory. This is logical, because people themselves are interested in having their yard clean and well-groomed.

Any changes regarding the adjacent land can only be adopted at a general meeting of the residents of the building, and in order for the decision to be lawful, more than half the votes of the number of residents of the high-rise building are required.

What changes require permission from the general meeting? For example, to rent out a small part of the territory to an individual. This is often done in order to make a profit, which can be used to improve the area and repair the house.

Another important change is the reduction of the land area.

Sometimes this may be requested by the city council or a developer who wants to use part of the site of your house for a specific project.

The benefits of such proposals can also be assessed and a decision can only be made at a general meeting of residents of an apartment building.

Owners of common property may encumber the site under the MKD with the right of limited use. What does it mean? Residents may decide to limit the use of the yard to persons who do not live in the home.

They may even install a fence around the yard, but it should not interfere with neighboring residents. If the imposed restriction violates the rights of other citizens, government services will have to change the decision of the residents of the house.

In the event of accidental damage or destruction of a house due to a natural disaster, military operations, etc., apartment owners retain ownership of the common land with landscaping elements, technical buildings and other elements.

Summarize. The adjacent land is in common ownership of the apartment owners.

Landscaping: what to pay attention to

You should not immediately strive for large-scale changes and invest serious funds in transforming the landscape. Gradual, step by step, improvement allows you to leisurely evaluate the result and make amendments to the original plan. For small and medium-sized plots it is better to use the simplest ideas; they are easier to change and modify.

Yard landscaping

Landscaping is one of the most effective ways to make a site attractive. The main rule for landscaping a yard using plants is to use only those species that will thrive in the local climate zone. More delicate plants will need a greenhouse.

When choosing a suitable variety, attention is paid to its needs for heat and light, as well as resistance to drought and frost. To make a successful choice, it is important to know the type and composition of the soil on the site, the amount of moisture by season, the depth of groundwater, and take into account the terrain.

Next to the mini-pond Source rubriek.nl

Video description

About the principles of landscaping in the following video:

Water and landscaping

Full landscaping of a private plot is impossible without a well-thought-out supply of water, so the presence of a water supply system is extremely important. You have to take into account the location of pipes and wells when landscaping, and place a gazebo, pergola or flowerbed so that you don’t have to dismantle them in case of repairs.

Both a lack and an excess of water in the soil are harmful to green spaces.

Due to excess moisture, the foundation of the house is destroyed, mold appears in the basement, and the microclimate in the rooms worsens. The waterlogged soil becomes swampy, the plantings begin to hurt and wither, which has the saddest effect on their appearance. A drainage system, surface (storm) or closed, will help you avoid troubles.

To facilitate and streamline the care of green spaces, manual and automated watering systems are used. Sprinkler and drip systems predominate among irrigation methods. For delicate plants, systems with a choice of jet type are suitable: from soft to dispersed spraying.

Automatic watering Source wixstatic.com

Video description

About landscaping the area around the house in the following video:

Rest zone

According to the method of arrangement, there are separate (gazebo, terrace, patio) and combined places for relaxation. In the latter case, if there is not enough space, they combine, for example, a gazebo with a barbecue area. The zones can be located nearby, then the terrace and the playground can be conveniently separated by a hedge.

A large plot of land allows you to disperse recreation areas throughout the entire territory or collect everything in one place. The playground for children is located so that it is in the field of view of adults. For younger family members, a sandbox is set up, a lawn is sown, and a canopy is installed from the sun and rain. You can’t do without a slide, a swing, or a comfortable bench on a playground.

If the size allows, the recreation area is complemented with a decorative pond or swimming pool; relaxing by the water is one of the most relaxing. If the owners like long evening gatherings, they will need thoughtful lighting. You can get by with functional light sources, or you can decorate a fence, branches of bushes or trees with original lamps, or illuminate the facade of the house. Illumination along the paths will make it safe for owners and guests to move around in the dark.

For romantics Source smi2.net

Briefly about the main thing

The local area usually means the land plot around the house, limited by a fence. The allotment on the outside of the fence with a width of 1.5 m is also considered by law. The improvement of this strip can be carried out by the owners or utility services, depending on property rights.

The list of work on landscaping the local area includes several quite labor-intensive, but necessary tasks. The layout and design of the yard begins with drawing up a detailed plan. It includes different types of objects, including utilities and plants. Landscaping is closely related to the standards prescribed in the SNiP rules. During planning, special attention should be paid to landscaping, recreation areas and water supply problems.

Ratings 0

Read later