Local area - what is it?
According to the law (the provisions of the Land Code of the Russian Federation), the adjacent territory is considered to be separate areas that are adjacent to the building of an apartment building. Such areas are designed accordingly and have their own functional tasks. This territory is considered the common property of all owners of apartments in a given building, as well as the owners of those commercial premises located inside the building. In terms of design, size and functionality, the territory must fully comply with accepted standards.
Residents have the right to freely dispose of common property - install playgrounds, gazebos there, improve the area with greenery or planting trees. Also erect various fences.
Fences undoubtedly help owners protect themselves from stray animals, strangers, and the entry of foreign cars.
On the site you can safely place objects of common property that need to be protected. The actions of residents related to this land are regulated by acts:
- Land Code;
- Housing Code;
- Resolution of the Arbitration Court No. 22.
Important! According to the law, all residents make collective decisions regarding the local area at meetings they hold. For example, delimiting a parking lot, installing slides, building a gazebo or other similar objects that everyone needs.
How to challenge an “extra” fence
Barrier structures are installed in order to limit the access to the local area of unauthorized persons, stray animals and vehicles, which may pose a danger both to the residents themselves and to the improvement facilities located on the site.
All objects located on the adjacent land plot are subject to strict registration in the municipal organization and the demolition or construction of new objects must necessarily be coordinated with the local administration of the district.
The decision of the general meeting shall indicate information about the person authorized to represent the interests of the owners of premises in an apartment building on issues related to the installation of fencing devices.
Partial fencing of the territory of an apartment building is called target fencing and does not require approval.
The main requirement for fences, gates, gates and barriers is that they can only be installed in those areas that are allocated to the common shared ownership of the residents of the house (that is, when the yard is owned by the residents of the house).
The adjacent territory includes the building itself, the land plot located near it and infrastructure facilities that are necessary to ensure the operation of this structure and the comfort of its residents. The owners of the land plot and property are considered to be the owners of the apartments in the building, therefore the decision to install fences in any shape or form is made only at a general meeting.
Types of fencing
There are different fences, they differ in material, size and degree of access restriction:
- a complete ban - any fences, even 2-meter high metal or stone (brick, stone) fences, residents can additionally equip them with cameras or hire a concierge;
- partial ban - the fence is supplemented with a barrier; its installation will require approval from several emergency services (police, firefighters, also ambulance);
- partial, separates part of an entire territory - this is a type of targeted fencing, these can be installed freely, without permission (for example, trash mesh fences or small fences around the lawn);
- prohibition of access to individual objects - such restrictions are used by local utility services, as well as construction companies, a temporary measure for the period of repair work.
In addition, residents have the right to install wickets, wide gates, equip them with modern electronic locks or intercoms, and install cameras there. Such mechanisms are opened with a card or code key. After installation, sets of appropriate keys/cards should be distributed to all owners.
Important! Check whether free use of the selected fence is allowed before installing it.
New and old SNiPs for summer cottage construction of fences in 2020
- Document TKP 45-3.01-117-2008 , which contains information about the dimensions of the fence, the degree of transparency and aesthetics, which must be agreed upon with the regional authorities of Architecture and Urban Planning. The recommendations of this document must be strictly followed, without any reservations. Mandatory requirements to be met when erecting a fence:
- the height of the fence bordering the street or roadway should be 2 m, the degree of transparency should be from 0 to 100% over the entire height;
- the height of the fence with the neighboring, adjacent area should be 1.7 m; the degree of transparency along its height should be 50-100%.
- The current Federal Law No. 66-FZ, which applies to horticultural, gardening and non-profit partnerships, states that construction on a land plot must be carried out in strict accordance with the design documentation. If the owner wishes to increase the permissible height of the fence, he must obtain permission from the local government authority.
- GOST 12.4.059-89 SSBT : “Construction. Inventory safety fences. General technical conditions." It provides a standard that applies to inventory fencing of workplaces and passages to them.
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Decoration of the local area
Before choosing the right fencing, you should design the site itself, if this has not been done before. Typically, in new buildings, residents who purchase housing are automatically awarded the right to own the adjacent land there.
If the house is older and was commissioned for subsequent use before 2005, then it will be necessary to organize a land survey, it will determine the actual boundaries of the territory. After that, put this plot on a special cadastral register. Then collect the documents and submit them to Rosreestr. After a week, apartment owners will be happy owners of land.
To install barriers there you will need the following papers:
- a cadastre extract, where the coordinates of the required turning points are indicated in detail;
- cadastral passport;
- the act of removing data from turning points.
These documents will help you accurately install the selected fence.
How legal is it to install barriers in the local area of an apartment building?
If in the latter case the dismantling of such a structure cannot be avoided, then in the first two cases you can try to convert the illegally installed fences into legal ones. In this case, it will be necessary to prepare the documents mentioned above and coordinate the installation with all interested authorities.
Also, when installing this type of fencing, it is necessary to understand that all work on its reconstruction (in the event of dismantling) will, in material terms, fall on the shoulders of the owners of apartments in a particular building. In addition, when installing this type of fencing, it should be remembered that its operation is justified if a security post or concierge service is also created.
Features of coordination
As a rule, the installation of a fence is initiated by one or a group of residents who want to improve the common area. First of all, they should obtain the written consent of the remaining legal owners, because the local area is considered common property, the rights of which are divided equally. It is more convenient to voice your proposal at a special meeting. Describe the advantages of the fence, discuss its installation (where, dimensions of the fence), also present options and prices. After all, the owners will pay the costs together.
The second step will be coordination with various government services, since the fence should not actually prevent them from freely entering the specified territory, if the need arises. These services:
- firefighters;
- police;
- "Ambulance";
- Ministry of Emergency Situations;
- Housing inspection.
Important! If one of the above services does not give written consent, the finished fence may be forcibly demolished, based on the court decision.
Therefore, you should not neglect formalities. Service representatives can visit the area, find out the details of installing the barrier and advise on how to install it more safely and conveniently.
Having completed the necessary approval procedure, residents choose a contractor. The initiative group collects money directly, each owner donates an agreed amount, forming capital that will be spent on fencing. In principle, funds can be written off from the general house account - it is needed to pay the costs of various repairs and restoration work. It is important to ensure that the contractor takes into account all the basic safety requirements and wishes of the client during installation.
The finished fence must meet the client's requirements in size, strength, functionality and placement. Also do not interfere with local transmission lines, pipes or other objects.
Important! It is inconvenient to install the fence directly in places where there are pipes underground, otherwise repair services will dismantle it if an accident occurs. However, the owners can restore the fence after eliminating the accident, but they will pay for it themselves.
All standards relating to the local area (its size, functional purpose, location) are reflected in SNIP SNiP III-10-75 (Building norms and rules “Improvement of territories”).
Fence around an apartment building
Advice from lawyers:
1. What approvals are required to install a fence around an apartment building?
1.1. Hello! It is necessary to hold a general meeting of owners of apartments in an apartment building in accordance with Articles 36-43 of the Housing Code of the Russian Federation.
Did the answer help you?YesNo
1.2. What approvals are required to install a fence around an apartment building? Good day. This issue is resolved at a general meeting of residents of a residential building.
Did the answer help you?YesNo
1.3. Good afternoon. It is necessary to hold a general meeting of apartment owners of an apartment building. Have a good mood and good luck.
Did the answer help you?YesNo
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2. What is the procedure for raising funds to install a fence around an apartment building. By square meters or simply divide the amount by the number of apartments? And is it legal to insist that this amount should be divided according to the area of the apartment?
2.1. Like any common property, the costs of its construction are proportional to the share of ownership in the common property of the house. Legal.
Did the answer help you?YesNo
2.2. The general meeting of owners decides on the procedure for collecting money.
Did the answer help you?YesNo
3. What is the procedure for approving a fence around an apartment building if a meeting of owners has already been held and there is already consent (Minutes of the meeting). What other organizations should you contact for approval and where to start.
3.1. After agreeing on the fence with the owners, it is necessary to obtain approval for the fencing of the local area from such services as: Inspectorate for State Architectural and Construction Supervision; Main Directorate of the Ministry of Emergency Situations in the region; City Police Department; City ambulance service. It is also necessary to obtain a cadastral passport with these changes.
Did the answer help you?YesNo
3.2. First, you need to form a LAND PLOT on which the MK is located and put this formed land plot on the cadastral register. Only after determining the boundaries of such a land plot, in accordance with the cadastral passport, will it be possible to fence it off.
Did the answer help you?YesNo
4. I heard that a law is being adopted (or has already been adopted) that fences cannot be installed around apartment buildings. Where can I find this law or a link to it?
4.1. There is no such law.
Did the answer help you?YesNo
4.2. And fences were never allowed. This document is still in effect: “In accordance with the requirements of the current building codes SN 441-72* “Instructions for the design of fencing for sites and areas of enterprises, buildings and structures”, approved by the Decree of the USSR State Construction Committee dated May 26, 1972 No. 99, it is prohibited to provide fencing residential buildings. The issue of installing fences for residential buildings is not regulated by any other norms of the current legislation of the Russian Federation. The norm associated with the ban on the construction of fences is caused by the need to ensure access for first responder vehicles to residential buildings and, in general, to the local area. The ban on the installation of fences is aimed at preventing violation of the rights of third parties by installing fences and compliance with fire safety requirements. Since the installation of fences for multi-apartment residential buildings is not permitted by law, the owners of premises in an apartment building cannot install a fence for a residential building.”
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5. The residents of the house (most of them) decided to install gates and a fence around the apartment building. As a result, a receipt for payment for these gates arrived. Does the Criminal Code have the right to demand money for these gates and fences if I did not agree?
5.1. The decision of the general meeting of owners is binding on everyone. Even for those who disagreed or voted against. Therefore, if everything was completed correctly, you are required to pay your share of these costs.
Did the answer help you?YesNo
6. Is it necessary to coordinate the installation of a fence around an apartment building with the residents of neighboring buildings?
6.1. If the fence is being erected on the territory of a plot of land allocated for the maintenance of your home, and the fence will not block existing passageways leading to other houses, then approval is not necessary.
Did the answer help you?YesNo
7. Install a fence around an apartment building if there is a store on the ground floor. The approach to the store is limited to a gate. This violates the rights of owners of non-residential premises.
7.1. Hello! The fence is illegal. Lawsuit for demolition GOOD LUCK TO YOU.
Did the answer help you?YesNo
8. TIN suggests installing a fence around an apartment building. This entails additional fees for installing and maintaining the fence, and creates an obstacle for residents of most trains. Ambulances and fire departments will not be able to easily approach the entrances. How to fight legally?
8.1. Hello! Well, they offer you to install a fence. If the meeting of owners of an apartment building decides not to install. Nobody will install it.
Did the answer help you?YesNo
9. Is it possible to erect a fence around an apartment building if the first floors are not occupied by residential premises?
9.1. Subject to the decision of the general meeting of owners and taking into account agreement with all supervisory and control authorities - yes, it is certainly possible.
Did the answer help you?YesNo
10. Is it possible to put a fence around an apartment building if there is a hospital in the yard?
10.1. Yes. You can install it with the consent of all residents.
Did the answer help you?YesNo
11. We want to install a fence around an apartment building. There is a cadastral passport, the house plot was registered on September 13, 2002. But in the copyright holder column there is a dash. Does this mean that you first need to register land ownership with Rosreestr? Or can we immediately convene a general meeting of owners on the issue of installing a fence? And one more thing: how to determine where the boundaries of our site are? We only know its area. Thank you in advance.
11.1. Do you have SNT? Conduct a land survey. If you have title documents, submit them to the registry office for registration. We received a refusal and went to court within 6 months. Another option: hold a general meeting and present a land survey plan. And through the decision, submit it to the registry office to register the right.
Did the answer help you?YesNo
12. The management company really wants to install a fence around the apartment building, they posted notices on the entrance that you need to come and get acquainted with the estimate. I didn't have time to do this. Now there is an announcement to urgently hand over 5,000 rubles. to install a fence. To what extent are the actions of the Criminal Code legal? Can I not submit? What should I do if I don’t rent, but they’re going to build a fence?
12.1. This decision should have been made at a general meeting of residents of the house, and not personally by the management company.
Did the answer help you?YesNo
Possible difficulties
Most often they arise when an initiative group begins to collect the funds necessary for installation. Residents who disagree with unexpected expenses may refuse. In principle, they agree to install a fence, but they do not plan to pay the cost of the service. Other owners who rented honestly will be outraged. According to the law, residents have the right to refuse; these are not mandatory, but rather voluntary expenses. After all, the installation of the fence was originally the idea of the owners themselves.
Important! Those who have not paid will still have to be given a set of magnetic keys, because according to Article 209 of the Civil Code of the Russian Federation, each owner has the right to freely dispose of property, and the surrounding area belongs to it.
Owners - entrepreneurs who have beauty salons or shops under their houses - can also refuse; the fence will significantly limit the influx of visitors. Here difficulties can be resolved through negotiations, discussing the possible relocation of the fence or reduction in size.
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