Installing a barrier in the local area: what does the law say?

Almost every major settlement has problems with parking spaces. Many residents are faced with the fact that other people’s vehicles are parked on the territory of their apartment building, and not always correctly, which can impede traffic. To prevent such situations, residents decide to erect a barrier in their local area.

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The law does not prohibit such an action, but the installation must be carried out in compliance with established standards and requirements with prior permission from the relevant authorities.

General information

When deciding to install a barrier on the territory of an apartment building, the following requirements must be met:

the plot of land on which the house is located must be privatized;
the decision on installation is made at a general meeting of residents;
At least 2/3 of the votes must be collected;
it is necessary to develop a special project, which must indicate that special vehicles (fire trucks, ambulances, etc.) can freely enter the territory;
Before starting work on installing the barrier, you will need to obtain permission from various authorities.

The installation procedure requires significant financial costs. When new residents move into the house who did not take part in the voting, they are not charged for the maintenance of the barrier.

Drawing up documentation for barrier placement

First of all, at a general meeting of residents of an apartment building, you need to draw up a project for installing a fencing device. At the meeting, it is necessary to draw up a protocol and a project (plan) of the barrier, determine the installation site and a representative (authorized person) who will deal with the documentation and installation of the barrier on the territory of the house, and also raise the issue of cadastral registration of the land plot near the house.

Required documentation:

Plan:

Location of the fencing device.
Type, size, appearance of the barrier.

Protocol:

Title: address of the apartment building, indicating the city, street and number (Minutes of the general meeting of owners of the premises of the apartment building No. 12, located at the address: St. Petersburg, Vitebskaya St.). After the indication there is a date.
A cap:
the owners of how many apartments took part, indicating the total area (38 premises - the total area of these premises is 3190.52 m2);
number of votes in the form of total and percentage (3792 votes, which is 60%);
if the majority of homeowners are present at the meeting, then the meeting is considered legal.
General meeting decision:
voting results: who is “for”, “against”, “abstained” (in numbers and percentages - 3050; 80.38%);
what decision was made;
the full date of drawing up the protocol, in how many copies;
Chairman of the meeting: Full name and signature.

Legal regulation

Housing legislation indicates that the adjacent territory belongs to the shared ownership of the owners of residential apartments in the building. This means that decisions regarding the disposition of the common area must be agreed upon at a meeting.

When deciding to install a barrier on the territory of an apartment building, owners should be guided by:

Article 26 of the Land Code of the Russian Federation;
RF LC in terms of articles 16, 36, 44 and 46;
clause 1.5 of the traffic rules.

Only taking into account the specified rules and regulations can the installation of a barrier be carried out. According to the law, it is necessary to obtain permission from individual authorities, which include the fire inspectorate, local administration and housing department.

In what cases is a barrier illegal?

The steps to install the system consist of several important steps. First of all, residents must legalize shared ownership of the adjacent plot in accordance with legal aspects.

To do this you need:

Hold a meeting among residents.
Vote for the formation of a land plot on which a multi-storey building is built and register it in the cadastre.
Send a document reflecting the meeting’s decision to government agencies.

Then you need to hold another meeting at which a decision is made on the installation and commissioning of the barrier. A protocol on the decision made is drawn up. A vote is considered positive if at least 70 residents cast their vote. It is advisable to choose a responsible person who would be able to control the operation of the system and would have a key that would allow, if the barrier malfunctions, to turn it off, thereby eliminating the obstacle to entering the yard.

After this, an estimate is drawn up for the installation of a specific barrier model that has the appropriate technical characteristics. This information is also indicated in the protocol. Then an application is submitted to the municipal authorities to install the fence. A protocol with project documentation and permits from the fire inspectorate and the traffic police must be attached to it.

the installation was carried out without any permitting documents at all;
the adjacent plot of land is not included in the cadastre, the boundaries are not marked;
the consent of the owners of the land plot has not been obtained;
Residents have permission to install a barrier, but the technical requirements for the manufacture and placement of the barrier have been violated.

Typical violations occur due to ignorance of the law or legal inaccuracies in the preparation of documents.

We invite you to read: How much money does it cost to register an apartment as a property?

The Housing Code of the Russian Federation (Article 36) establishes the rights of those citizens who are owners of apartments in an apartment building to a share of the land under their house and on the plot nearby. In order for residents to be able to decide whether they want to install a barrier or not, common shared ownership of the land must be registered. It is also necessary to take into account the rights of owners of commercial premises located in the house or in the yard.

Decree of the Moscow Government “On the procedure for installing fences in local areas in Moscow” No. 428-PP dated July 2, 2013 approved the procedure for obtaining permission and legal construction of a barrier on the territory near a house or several.

The most important document is the minutes of the meeting of land owners. In it, more than half of the owners of land shares confirm in writing that they are not against the barrier. Legal subtlety: you need the consent of 51% of the owners, not the assembled people. Therefore, when collecting signatures, it is necessary to check and enter data on documents certifying ownership of the land.

how will entry through the barrier by vehicle of homeowners and those who do not live in this yard be organized (clauses 3,4,6);
how they guarantee access to the fenced area at any time of the day for police vehicles, ambulances, and other emergency and public services (clause 9);
providing financing for installation and maintenance of the structure.

It is important to order the project from an organization that is ready to bear responsibility in the event of refusal of approval due to violation of technical requirements. Experienced designers, even at the development stage, clarify controversial issues with the traffic police, Gospozhnadzor, and the Ministry of Emergency Situations.

Who issues permission to install a barrier?

Representatives of the HOA or initiative group send an application, an extract from the minutes of the residents’ meeting, and a technical justification to the Council of Deputies of the municipality where the site is located. The administration of a council or district may request additional certificates from the traffic police, the department of State Fire Inspection, or the electric grid company.

We invite you to familiarize yourself with the terms of consideration of criminal cases: basic principles, concepts, types

Subtleties

During construction, it is important that the erected barrier is not recognized as a parking lot fencing, for the opening of which the requirements are much stricter. Signs of a parking lot can be permanent buildings: a security booth, a toilet, carports and others.

The barrier must exactly match the size, type, design, location described in the issued approval document, otherwise it may be considered illegal.

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Illegally installed house fences are demolished without compensation for the costs of their construction. By court decision, the dismantling of the structure may be entrusted to the homeowners association, the group of residents who installed it. For officially constructed barriers, the rules for dismantling and reimbursement of funds are enshrined in Resolution N 428-PP.

under Part 8 of Article 20.4 of the Code of Administrative Offenses of the Russian Federation, which regulates responsibility for the construction of barriers to driveways, passages and entrances to buildings and structures to ensure fire safety.
under Article 6.5 of the Code of Administrative Offenses of Moscow, which prohibits restricting access to plots of land classified as public use;
under Article 19.1 of the Code of Administrative Offenses of the Russian Federation in case of arbitrary installation of road signs.

Compliance with the rules when obtaining permits for the installation of barriers will allow you to avoid troubles associated with the consequences of illegal placement.

How to install a barrier in the courtyard of an apartment building?

When the yard is open to the passage of any vehicle, it is inconvenient and unsafe, since children and elderly people often walk in the area. How legal is it to install a barrier, and what rules must be followed?

Is it legal?

Any restrictions on entry into the territory of an apartment building impede the movement of special services, such as firefighters, ambulance, police, etc. Without a positive decision from the special services, the installation of a barrier will be equated to unauthorized actions, entailing the imposition of penalties under Article 20.4 of the Code of Administrative Offenses of the Russian Federation.

A separate legislative act regulating the issue of installation has not been developed, therefore the rules for using the common territory of the house should be taken into account.

The decision on installation is made at a general meeting of residents, as stated in Article 44 of the Housing Code of the Russian Federation.

Permits

To install a barrier, according to the law, you must prepare a package of relevant papers. First of all, you need a document confirming shared ownership of the territory adjacent to the house.

You also need to have:

An extract from the cadastre, which contains information about the land plot.
Original minutes of the meeting at which the decision to install the fence was made.
Technical documentation for the installed system.
Consents for installation issued by the district administration, fire supervision, traffic police and housing and communal services.

Permits are not required for the construction of a barrier, but it will be necessary to prove the fact that the area adjacent to the multi-storey building is not considered part of the through road.

Rules

The basic rules regarding the installation of barriers in 2020 include:

ownership of the local area is registered;
at a meeting of residents, a decision is made to install a barrier and put it into operation;
an installation estimate is developed and approved, which specifies all the details regarding the device and its technical characteristics;
an application is submitted to the municipal authority with a protocol attached and permissions obtained in advance from regulatory services;
After receiving all permits, installation work can begin.

The procedure for installing a barrier in the courtyard of an apartment building includes the following:

The barrier is placed so as not to interfere with the passage of citizens; free movement must be maintained for all categories of pedestrians, including parents with strollers, people with disabilities, cyclists, etc.
Emergency services must have free entry into the territory.
The boom of the device is made of lightweight material.
During installation, safety elements during its operation must be provided.
The stand and boom holder are mounted on a concrete surface to ensure the stability of the structure.

The period for registering an apartment building with cadastral registration is determined by current laws. What is the time frame for replacing an elevator in an apartment building? See here.

What are the requirements?

The path to the yard must always be accessible, this is precisely what Article 23 of the PPB indicates, which gives the fire inspectorate the right to prohibit equipping the yard with a barrier. The same rules are found in the requirements of urban planning legislation (SNiP 2.07.01-89).

From the edge of the train to the wall of a residential building, a distance of 5-8 meters should be maintained if the height of the house is 10 floors, with a higher number of floors - a distance of 8-10 meters.

As for fire requirements, attention should be paid to the following point - if the device prevents fire engines from accessing the house, then when they are called, the fire department must be notified of this circumstance.

To ensure access to the entrance around the clock and to avoid any questions from various authorities, a 24-hour service point should be installed at the barrier or a dispatch service with a control panel should be installed nearby.

Approval procedure

In order to avoid dismantling the installation and imposing penalties on the residents of the house, all work activities should be coordinated with:

public utilities;
traffic police;
fire service.

Obtaining permission from the final authority is the most difficult procedure, so it should be obtained as a matter of priority.

The fire official, as a rule, puts forward one requirement - fences should not interfere with the entry of fire trucks into the territory. If the rule is not followed, installation actions will be considered illegal.

Required documents

The documents you will need to prepare are:

confirmation of registration of shared ownership of the residents of the house;
an extract from the cadastre with complete information on the site;
decision of a meeting of residents on the installation of equipment;
developed technical documentation for the barrier;
permission from the relevant authorities.

It is worth noting that this installation does not require a construction permit, since the device does not belong to a capital facility.

As an additional document, a traffic diagram for the local area may be required to confirm the absence of traffic violations.

Who is responsible for maintenance?

As a rule, to install such a complex structure as a barrier, a contractor is hired, which will subsequently maintain it for a fee.

The person involved in maintenance can be selected from among the residents of the house, but it should be remembered that he must have the necessary knowledge, since in the event of equipment breakdown and improper repair, problems may arise in its further operation.

Obtaining Permits

From the district administration

To obtain permission to install a barrier in the yard, you must first obtain a decision from the council of deputies of the municipal district or the district administration. To do this, a plan for installing a fence near the house is submitted to the council of deputies of the municipal district. Permission or refusal can be issued by the council up to 30 days. Usually, in new houses where a fence around the house is planned, the administration approves the installation of a barrier without any problems. The only thing they can require is the presence of security or watchmen for quick and unimpeded access for emergency services.

The following factors may cause installation failure:

If the standards for the unhindered passage of special transport (ambulance, fire truck, law enforcement agencies, emergency services, public utilities) are not observed.
If the barrier prevents the passage of pedestrians or public transport to public places.

This decision is received by an authorized person. If the decision is approved, but over time the above reasons appear or the barrier interferes with construction, then the fencing device is demolished.

From the traffic police

Article 15 of the Russian Federation Traffic Regulations prohibits the independent placement of structures, barriers, road or similar signs that interfere or impede travel. According to this fact, it is necessary to prove that the area of the local area is not a road, so the installation of a barrier does not violate Article 15 of the Traffic Regulations of the Russian Federation. Everything is simple here. The road that enters the site of an apartment building is not intended for through traffic.

From utilities

Public service authorities just need to take into account that the barrier will not be located in the area where power transmission lines and main pipes are laid.

From the fire services

A big disadvantage during installation is the prohibition by the fire safety service. In its refusal, the fire safety service relies on the rules of PPB 01-03. The rules state that access to structures must be unobstructed. Therefore, in order to install a barrier in the local area, you need to consider an employee or a watchman, and this is a monthly cost. Moreover, fire service employees warn that the fence must be open until the car approaches the local area. Otherwise, you will face a fine, plus firefighters will simply demolish the fencing device without paying compensation. The fine for illegally placing a barrier ranges from 1,000 to 150 thousand rubles, depending on who breaks the law (individual or legal entity).

Can they ban it?

The risk of failure to install a barrier always exists, or regulatory authorities may impose additional requirements. As a rule, the ban is imposed by the fire services. This is done for the safety of the residents of the house, so that in the event of an emergency, the necessary services can freely enter the territory of the house.

Read about carrying out major repairs of the common property of an apartment building. What are the rules for installing playgrounds near an apartment building? Information here.

Is there parking for disabled people in the courtyard of an apartment building? Details in this article.

Why do you need a barrier in SNT?

The barrier is necessary to ensure the safety of material assets on the sites of SNT members - it protects, first of all, from theft. Although owners of garden plots usually do not leave anything truly valuable, attackers do not hesitate to steal tools and various household items.

Scrap metal hunters often operate on the territory of the partnership: thefts of water tanks (cast iron bathtubs, trolleys), building materials and fences (iron fittings), copper cables (electrical wiring) and even roof cladding and facades of houses made of aluminum are recorded.

If a car can drive into the territory of SNT, thieves can easily raid the sites at night and cause significant harm to the members of the partnership. To ensure reliable protection of the site, citizens hire a watchman, install a barrier and take other measures.

Also interesting: How to get timber to build a house for free

Very often, the question of installing a barrier in SNT is raised after the theft has occurred. It is recommended not to wait for such incidents, but to take care in advance of the safety of property on the sites.

Removing an illegally installed device

Installing a barrier in the courtyard of an apartment building is a small part of the matter; it is important that the work meets all requirements and rules. The residents of the house who are disturbed by it can also complain about the illegal installation of equipment. Such a complaint is submitted to the local administration.

Upon receipt of an application, an inspection is carried out with the involvement of employees of the traffic police and the Ministry of Emergency Situations, that is, those services that issue permission to install the fence.

Demolition of unauthorized installed equipment can be initiated without the participation of residents. For example, traffic police officers regularly check courtyard passages and if structures are found that impede passage, an order may be issued to dismantle the structure.

Illegal installation may result in a fine of up to 2,000 rubles for citizens and up to 150,000 rubles for legal entities.

What are the requirements for such barriers?

If the residents of the house decide to install a limiting barrier, and the local area is not formed, they should fulfill the following requirements:

Hold a meeting of owners to make a decision on the formation of a house plot and its cadastral registration.
Next comes an appeal to the relevant authorities in order to form a plot and carry out its cadastral registration.

In addition to coordination, there are requirements for the restrictive system itself. So, absolutely every resident of the house should be able to open the barrier independently . Free passage of all residents of the house must also be ensured, incl. travel with a stroller.

When meeting residents, you should choose one responsible person who would monitor the operation of the device and have a key so that in case of a malfunction, you can turn off the barrier and remove the obstacle to entering the yard.

The barrier is not considered a capital construction project, therefore, a building permit is not required.

It is important to take into account one point, since today there is no detailed regulated description for installing a barrier; there is a risk that city authorities may put forward additional requirements.

Since the installation of a fence in the courtyard of a house is an expensive undertaking (today, the installation of the most budget devices costs from 40 thousand rubles), it is important to provide for all the nuances and comply with all the necessary requirements, so as not to spend money on dismantling or moving it in the future.

If the barrier is installed illegally, to remove it you need to contact the district administration with a complaint about the illegal device. Contacting the traffic police and the Ministry of Emergency Situations will also bring results.

It is worth remembering that limiters should not create an obstacle to access to city streets, nor block public passages.

After installation, an inspection by authorized bodies is required, and if violations are identified, an order for dismantling is issued. In addition, responsible persons may incur administrative penalties in the form of fines. If the barrier is not removed after the order, city authorities have the right to go to court to demand dismantling.

The fine for illegal installation of a fence varies between 1-2 thousand rubles for an individual and 10-20 thousand rubles for a legal entity . After issuing a fine, the entry restrictor into the territory must be dismantled.

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