How many meters from the fence to the road belongs to the owner

ensuring unhindered access to various emergency services - fire, ambulance, emergency water and gas.
There are many options for using the local area: you can organize a beautiful lawn, arrange a convenient entrance for a car, or install a swing for children. However, there are some restrictions on the use of such a site. The municipality prohibits:

install poles, signs, fences and other structures without permission;

burn garbage;

litter with building materials and other items.

Land surveying is a set of works aimed at establishing the exact boundaries of a land plot and further legal registration of the results of this work. Landmarking of the local area is carried out in the following cases:

to purchase the site from the administration and register it as property;
to register a lease for a plot;
when controversial issues arise between neighbors.

The surveying procedure includes the following steps:

agree with all interested owners on the boundaries of the site. It is better to formalize such an agreement in writing, since during the land surveying process one of the neighbors may change their opinion.
A meeting must be held to discuss and make a common decision. Each participant must be notified of its location and time 30 days before the meeting itself.
In the absence of one of the participants who had information about the meeting, the survey will be considered agreed upon.
Direct surveying is carried out by specialists before the meeting.

If there are no legal grounds for refusal, the owner of a private house can become the owner or tenant of his local area. To do this, you need to collect the necessary documents and contact the local administration. We must not forget that maintaining cleanliness and order behind the fence is your responsibility.

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The article details how many meters from the fence are considered private property. If they have a privately owned house, cottage or dacha, people often have a question about how many meters from the fence can be considered private property.

There is no specific definition in any Law of the Russian Federation which territory can be equated to one’s own outside the fence or fence. When using the concept of local area, the entire area that is directly adjacent to the building can be used by the owners for various construction works, growing all kinds of plantings, or used at their own discretion. However, this space ends with a fence or fencing, after which there is no concept of a local area.

Cleaning the surrounding area how many meters

other buildings - 1 m
medium height - 2 m
trunks of tall trees - 4 m
residential building or house - 3 meters
buildings for keeping small livestock and poultry - 4m
bush - 1 m

Also, when planning a site, it is advisable to know not only at what distance from the fence you can build, but also how far apart the buildings should be from each other.

Here is a table: This table shows the distances between buildings.

What is considered a local area and how to care for it

It is prohibited to burn fires, litter, erect poles, hang road signs, or litter it. Important! There is the possibility of privatizing the land or concluding a lease agreement for its area. For private houses, the local area is owned by the municipality. The homeowner has the right to register it as his property.

To do this, you will need to collect a set of documents and submit it to local authorities.

As a rule, the state cooperates and carries out privatization of land. However, there are exceptions in which transfer to ownership is impossible:

there may be a significant reduction in public street space;
the land contains important public communications;
the land is an object of cultural and historical heritage;
it is privately owned by other people.

If it is impossible to transfer the area into private ownership

How to determine the boundaries of the land adjacent to the house? Should the management company really maintain or be held responsible for inadequate maintenance of the site?” Numerous problems related to the maintenance of a land plot adjacent to an apartment building (adjacent territory) raise various questions among homeowners. What belongs to the local area, what are its boundaries, who is responsible for the proper condition of the local area and who should be punished for poor maintenance - these are the most pressing questions. Let us recall that the local area is a plot of land that is assigned to an apartment building (or several houses).

We recommend reading: What amount of tax is charged when selling a car?

This is an unshakable rule, which is inherent in both private or public small apartment buildings, and high-rise buildings. The priority is always a capital residential building, properly decorated. and the land plot is added to the house naturally.

How many meters from the fence is considered a local area?

He needs such a territory to maintain his personal real estate and freely run his household. The homeowner can rent this plot, obtain private ownership rights to it, or the plot can be in homeless use.

On the border of this territory, you can, for example, install a fence or fencing, store firewood, etc. The inner part of the land of the owner of a private house, fenced off by a fence, is his property.

The territory located on the outside of the fence is not considered the property of the homeowner and is most often municipal or, in rare cases, no one's. The use of the area located near the fence is claimed by those persons who are able to document and prove their right to ownership (for example, to move a car to a garage or transport various cargoes).

December 24, 2020, 19:10 0 0 All services

How many meters from the fence is property

A fence is installed along the boundaries of the described area, beyond which the owners have a question: how many meters from the fence is considered private property. Standards for the use of the territory behind the fence, as a rule, vary in each specific region and their meaning must be clarified with local municipal authorities. Typically, for private property, the local area extends to a distance of about one and a half to two meters from the existing fence.

Thus, this imposes on homeowners certain responsibilities prescribed by local authorities, namely: Cleaning the area outside the fence (getting rid of existing garbage, clearing snow drifts in winter, and removing leaves, branches and other contaminants in autumn and summer) Monitor the integrity and safety of existing underground and above-ground communications, if any, in a given location

Adjacent territory of an apartment building

In practice, instead of residents, the area close to the house is often used by anyone at their own discretion. Instead of a sports ground, a store is going up, and in place of the park is another new building. Can residents become full owners of the local area?

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

How many meters from the fence is considered private property?

The latter must be endorsed by the BTI. To register, you should first contact your local authorities. There you need to fill out an application.

Such approval is carried out in the form of a meeting of persons who are interested in such land surveying, or as an individual agreement with the interested party. Notice of such a meeting to survey the local area of a private home must be served, sent, or published at least 30 days before the meeting.

Who owns the adjacent territory of a private house in the village?

N 59, in the general plan of the locality, which is confirmed by the decision of the municipal self-government body. 26/03/08 16:31 RA-lex daemoon 26/03/08 15:27 In general, the procedure for allocating and identifying adjacent territories to a separate address until 2005 was regulated by the “Regulations on the procedure for establishing and assigning between Pribudinka territories the main housing stock and assignment to the bedroom "corruption or complete power of land plots for the construction of living quarters", confirmed by the order of the State Committee of Ukraine on Land Resources, the State Committee of Ukraine on Housing and Communal Governance, the State Committee of Ukraine on the right place future and architecture, the Fund of the Sovereign Main of Ukraine dated 5th quarter 1996 N 31/30/53/396 Now (in 2005) it was canceled. So the only thing you have left is to watch DBN 360-92** “Urban Planning.

However, it should be remembered that the principle “everything that is not prohibited by law is permitted” is fundamental to the current legislation of Ukraine. An unambiguous conclusion follows from this: the homeowner can dispose of the territory around his site. For example, use the fruits of trees growing here, install benches and small architectural elements, lay driveways and pedestrian paths.

26 Jun 2020 glavurist 369

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The area behind the fence of a private house

Shihany Is there a concept of a local area behind the fence of a private house.

lawyer Ligostaeva Antonina Vasilievna, Shikhany Is there a concept of a local area behind the fence of a private house - yes, of course.

This is the area you have to keep an eye on.

Andrey, Khoiniki What type of territory is the territory behind the fence of a private house?

Who gave permission to surround apartment buildings with fences? And why is it bad

While a campaign has begun in Moscow to rid the city of ridiculous fences that disfigure spaces (read about this below), some Voronezh residents have just developed a taste for fences. One can also understand when people try to restrict parking in their yards or the through passage of cars (although barriers are much better suited for such purposes). But recently, another, inexplicable trend has appeared - to close courtyards not for travel, but for the passage of other people. This is similar to village psychology - they say, since we have a house and a yard here, it means there should be a fence with a gate. And so that strangers don’t walk past!

But such “zealous owners” forget that a city is not a village, that entire institutions are engaged in organizing urban spaces all over the world. And that fences destroy the unity of urban spaces and pedestrian routes that city planners envisioned decades ago. And when such a concept appeared in the Housing Code - a local area - the city authorities could not even imagine in their wildest dreams that residents would begin to enclose these territories with fences and even fence off pedestrian sidewalks.

Komissarzhevskaya, 15b

Strangers don't come here!

This six-story house was built in 1999. For many years, along the sidewalk past the facade of this house, parents took their children to Lyceum No. 7 from the Komissarzhevskaya stop on Koltsovskaya. And along the end of the house it was possible to go along the sidewalk from the building of the regional Pension Fund administration to Komissarzhevskaya Street. This sidewalk was also used by pensioners from house No. 34 on the street. Student, and residents of other nearby houses, and hostel guests. Several years ago, the residents of house No. 15b fenced their yard with a fence, which, however, did not block the passage along these sidewalks.

Sidewalk from the street. Komissarzhevskaya to the Pension Fund. Previously, it was completely open, and the fence enclosed the yard of house 15b and stood about a meter and a half to the right...

“But this was not enough for our neighbors, and this summer they decided to fence off their entire local area, and it seems that they took someone else’s, blocking the once public sidewalks and putting as many as four gates with combination locks on them! The prison turned out to be in the center of the city! - Vladimir, a resident of house No. 34 on Studencheskaya Street, is indignant. “Now everyone has to go around their closed yard - every day the children splash through the mud to school and back through the yard of our house along the path, which is located just 20 meters from house 15b. But not on the sidewalk along house 15b.

...but in August the fence was moved so that it completely blocked the pedestrian sidewalk, and they also grabbed part of someone else’s territory

And the passage to Komissarzhevskaya Street is now blocked. Pensioners from house No. 34 on Studencheskaya are looking forward to winter with horror - after all, in order to get to the pharmacy and the store, they will need to make a serious detour along slippery sidewalks.

— Why did the residents of the house on Komissarzhevskaya do this? - Vladimir continues. “Everyone, when they come across a fence, says that it’s idiotic and a “collective farm” to fence something like this in the center! And these are even the mildest definitions. And after all, the residents of house 15b did not use the fence to protect themselves from the bandits, but they want to show everyone who is boss here. Like, don’t walk past our house!

The workers of the hostel located in building 15b are also not happy with the fence. According to them, city guests are unpleasantly surprised that to enter the hotel they need to overcome gates with combination locks.

By the way, the residents of building 15b were so carried away by fence-building that they actually took over someone else’s territory with their fences. After calling “MINE!” The Central District Administration sent the Otrada HOA maintenance company an order to dismantle the metal fence by September 25, otherwise the administration promised to forcibly dismantle the fence. The specified period has passed, but the fence is still in place. And the chairman of the board of the Otrada HOA, Sergei PISKUNOV , seems ready to defend every centimeter of illegal fencing.

“Yes, we prohibited passage through our territory based on the decision of the general meeting of homeowners,” said “MOYE!” Sergey Piskunov. — The adjacent territory is the property of the residents. The passage past our house to Komissarzhevskaya Street has always been ours. We closed it because it was often used as a toilet. But I don’t see anything wrong with the fact that we went beyond our territory. We are talking about a strip of land 47 centimeters wide. If we move the fence back 47 centimeters, it is unlikely that anyone will be able to get through there. We turned to the regional department of property and land relations with a request to allow us to use this site.

However, according to residents of neighboring houses, drunken groups did not gather in this place; the sidewalk was actively used by local residents, schoolchildren, Pension Fund employees, and hotel guests. Let's see how decisively the mayor's office and the regional government are ready to defend common sense in this matter - "MY!" Will definitely be following this story.

Revolution Avenue, 9a

The gate is closed forever

There is no less interesting situation here. The 14-story building was built on the site of a vacant lot on a slope quite recently - in 2009. From the low-lying Sacco and Vanzetti street, a mountain staircase leads into the courtyard of this house.

“Until recently, having climbed these stairs, you could walk through the courtyard to the transport stop on Revolution Avenue,” says Dmitry, a resident of Arsenalnaya Street. “However, about two months ago, the entrance to the courtyard from the stairs suddenly turned out to be closed by a blank fence with a gate.

...but in August the fence was moved so that it completely blocked the pedestrian sidewalk, and they also grabbed part of someone else’s territory

Photo: Igor FILONOV

And on the side of the yard, on the gate, as we saw on site, there is an electronic lock.

“The residents decided to close this passage at a general meeting,” the chief engineer of the HOA “Revolution Avenue, 9a,” Alexander ERMAKOV, literally word for word repeated the argument of the chairman of the HOA at Komissarzhevskaya, 15b. “They painted all the entrances here.”

But who? Was it really those who used the gate? It is worth saying that from the side of Revolution Avenue the entrance to the courtyard is open. So vandals will get there anyway. But were these vandals really there? Each entrance in the house is locked with a combination lock, and it is not so easy for strangers to find out the code.

Vladimir Nevsky, 79

Each car has its own exit from the parking lot

Tens of thousands of Voronezh residents park their cars in their yards and do not realize that the car can also be... fenced off. And the first step in this direction has already been taken on Vladimir Nevsky Street, 75. There, several years ago, the Homeowners Association “Our House” decided to set up its own fenced parking lot. And not an ordinary one, but one so that each motorist has his own gate to the intra-block passage.

Judging by the documents, at first the fence even grabbed part of the sidewalk. Even the State Traffic Safety Inspectorate intervened and ordered the homeowners' association to move the fence and restore the sidewalk. But even now the fence with many gates looks strange.

In the courtyard on Vladimir Nevsky Street, separate gates were made for each car

Photo: Igor FILONOV

Why did so many fences appear in Voronezh?

On the one hand, homeowners' associations, housing cooperatives and management companies that install fences do not violate the law - the adjacent areas are their property. But who, how and on what grounds transferred the plots to the ownership of the residents? And do they have the right to dispose of them as they please and build whatever they want there? Here's what the experts told us.

Until 2006, residential areas in Voronezh were practically not demarcated. But then the HOAs and councils of apartment buildings began to draw up the necessary documents. The boundaries of local areas were determined by the city administration. Or more precisely, the department of land relations and the department of the chief architect.

Land managers in conversation with “MY!” They said that the very concept of “house area” in the Housing Code is explained very vaguely - this is all that is needed to maintain the house. Therefore, most likely, city hall officials “drew” the local areas on the maps they had... as necessary. Then all this was legalized by a resolution of the city administration on defining the boundaries of a particular local area. With this resolution, the HOA or the council of the apartment building went to Rosreestr, where they registered ownership of the land plot. It turns out that it was the city authorities who contributed to the emergence of the problem of fences.

"MY!" addressed the mayor's office with a request addressed to the head of the city, Vadim Kstenin. In it, we, in particular, were interested in why local areas in most cases are adjacent to each other closely - without preserving space for pedestrians to pass through. The mayor's office has not yet answered this question. In an informal conversation, representatives of the city administration explained that the current department of property and land relations simply has nothing to answer. Like, it just happened that way, but no one remembers why, since the management employees were replaced.

“Fences between yards are uncivilized”

We have not yet been able to contact the former mayors of Voronezh Sergei Koliukh and Boris Skrynnikov (we eventually sent a request to Sergei Koliukh as a City Duma deputy). But it was easier to find the leaders who supervised urban planning and land relations at the mayor’s office in those years.

Fences and enclosures are not always comfortable even for the residents of fenced houses themselves

Photo: Igor FILONOV

“We did not leave any free space between the adjacent areas so that there would be no ownerless areas,” says Vladimir ASTANIN, who worked as the deputy head of the city from 2013 to 2020. — We allocated the adjacent territory to the residents so that they would be responsible for it, and not so that they would immediately begin to fence it off. Fences between yards are absolutely uncivilized. And I hope that we will live in a city without fences at every turn.

Former vice-mayor Yuri GAIDAI (worked in this position from 2000 to 2004 and from 2008 to 2012) generally repeated the thought of Vladimir Astanin, but was more emotional:

“Naturally, we did not define the boundaries of land plots so that fences could be built along these boundaries. We needed to regulate land relations. Fences are built by fools! Write it like that!

FROM THE EDITOR

“Fences are a sign of an unhealthy environment”

Authorities across the country have begun to seriously address the problems of organizing urban spaces. Last week, speaking at the Federation Council, Deputy Prime Minister of the Russian Government Vitaly Mutko said that competency centers for urban improvement will be created in all Russian regions, and by the end of the year an index of the quality of the urban environment will be approved in Russia. And the Voronezh fence initiative goes against this policy.

Provincial cities usually accept capital innovations years later. And in Moscow they are now seriously thinking about fences, which appeared here in abundance in the 1990s and early 2000s. “Proper courtyards should not be fenced with fences - signs of an unhealthy environment, but today in Moscow their number is off the charts,” the city’s chief architect, Sergei Kuznetsov, said in an interview with RIA Novosti about a month ago.

He noted that the sense of security that the fence gives is false. In his opinion, a malicious person will overcome it without any problems, and if he needs help, the fence can get in the way, so “when there is no fence and everything is visible right through, it’s much safer.”

Indeed, the functionality of the fences that fence off courtyards from pedestrians is questionable. What do they give to the residents of these houses, other than demonstrating disdain for all other residents of the city? What if suddenly all Voronezh residents decide to enclose their yards with fences? Can you imagine what city we will live in? To paraphrase the words of Professor Preobrazhensky from Bulgakov’s “Heart of a Dog,” fences are in the heads. The architect and curator of special projects at the Moscow Institute of Media, Architecture and Design “Strelka” Daria PARAMONOVA , who was contacted by “MY!” correspondents, agrees with this

“A fence is a symbol with which you tell someone: “This is mine!” says Daria. “And since we are not used to trusting laws, the symbol should be as expressive as possible. That is, the fence is not just conditional, low, but reliable. This is a psychological trick. A large number of fences in the city speaks of lack of freedom - both internal and external. If the situation changes, the fences will disappear.