Legal status of the land plot

Legislative regulation of the issue

The main regulations governing this procedure:

1. SNiP points. It sets standards for this zone. They concern the location of objects on them, down to the distance between one and the other.
2. Articles of the Housing Code (36, etc.) established exactly which objects can be classified as adjacent areas. The main condition is that they must provide comfort to the residents of a multi-storey building.
3. Provisions of the Civil Code and the Land Code concerning ownership rights to real estate.
4. Article 7 of the Code of Administrative Offenses, concerning violation of obligations to maintain the proper condition of the local area. Thus, violators may receive a fine (calculated based on the area) or be subject to administrative liability.

The adjacent plot of land to the residents of a multi-storey building is most often transferred free of charge , but in the future it will be necessary to pay taxes on it. The payment amount is calculated for each person living in a given building, taking into account all apartments, making it proportional. The costs of its maintenance and operation are included in the total cost of payment for the house.

In addition, the Housing Committee decided that the responsibility for maintaining the cleanliness and normal condition of this land falls on all residents, since this plot is their joint property.

These works will be carried out by:

• The management company with which the residents enter into an agreement.
• An HOA operating at the expense of all apartment owners.

Owners must independently take measures to control the quality and timing of work. They need to take the initiative and demand fulfillment of the obligations assumed by the company under the contract.

At the same time, residents receive both rights and obligations at the time they purchase real estate in a given building, and lose them after the sale or transfer of the residential premises. No additional documents are required for this. It will not be possible to sell specific land that the owner owns (calculating it based on the square footage of the housing) - transfer of rights with the allocation of a plot is impossible.

Land plot of an apartment building

A statement and minutes of the meeting will be required no matter who lives where. The documents necessary for registration of a land plot of an apartment building also include a scheme for the distribution of shares of premises owners in the ownership of common property in an apartment building, as well as copies of notices of the general meeting, powers of attorney of representatives of premises owners, drawn up by law, a registration sheet of premises owners or their representatives, etc.

By the way, landscaping elements are also included here. And when we talk about a plot of land, we assume, of course, that it has a size and boundaries. It is not difficult to identify them. They are determined not only on the basis of land legislation, but also on the basis of legislation on urban planning activities.

Determination of area

It is recorded for this building in the title (land management, accounting and urban planning) documentation. It can accommodate any buildings and structures (non-residential) necessary for comfortable use and living in a multi-storey building.

Calculation of the size of a plot attached to an apartment building is carried out on an individual basis. Its area is calculated taking into account the norms enshrined in urban planning, land and housing legislation. On average it is 3 – 6 meters.

Based on SNiP standards, the local area is calculated. Also taken into account:

• The presence of roads surrounding the building, which are in common use.
• Number of floors in a residential building.
• Density of buildings in the area.

The formula for calculation is as follows:

Moreover, this formula can be supplemented with other indicators. The law allows broken lines in the plan of a given territory if some areas, due to certain nuances, cannot be calculated in the usual manner.

The law established a number of restrictions on the use of this zone:

• Residents must maintain order in the house. This can be done by the owners themselves, the HOA or the management company. Municipal institutions are required to replace fixtures and equipment when they are worn out, damaged or broken. City services should not monitor the local area at the expense of the city budget.
• Work that does not concern the local area is prohibited from being carried out in this area (for example, washing a car, etc.).
• It is allowed to use a fence with a height of up to 60 cm. Installation of fences larger than this norm is carried out only with the consent of municipal services.
• There should be no cars in the parking lot with the engine running. This applies not only to cars owned by residents, but also to other vehicles (taxi, etc.).
• Parking is permitted only in designated areas. It is prohibited to park cars in areas with vegetation without special permission (but it is possible to expand parking to include the green zone, which also requires approval from the authorities).
• Garbage storage containers are installed only in a special designated area.

All this is also taken into account when determining the actual size of the plot attached to the house.

Where and how to find out the boundaries

The area near a multi-apartment residential building is usually the common property of all residents, but it is not limited to the entrance, basement and attic. Owners can dispose of the plots attached to their house at their discretion. It is allowed to plant trees, lawns, flower beds, increase the size of the building itself at the expense of this territory and carry out other actions.

These areas must be reflected in the cadastral plan of the property . If necessary, you can request this and other documents relating to the local area from the management company serving residents.

Land surveying procedure

So, the local area is the property of those who live in the apartment building. Therefore, the adjacent area with all the objects located on it (benches, platforms, gazebos, etc.) should initially be used only by residents of the house. In fact, anyone can use this territory.

To avoid this, residents must designate this area. You can order such a procedure from cadastral companies or building managers. To do this, you will need to hold a meeting of residents, at which a corresponding decision will be made. Afterwards, minutes of the meeting are prepared, on the basis of which a service agreement will be concluded with the management company (more than 50% of the votes are required). Its specialists can carry out the property surveying procedure.

Its square footage, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, the management company providing housing and communal services in a particular building calculates the costs of utilities - electricity supply, garbage removal and maintaining cleanliness in general, etc.

If there are no documents for this site, and the rights to it have not been registered with government agencies, then the costs of its maintenance fall on the municipality.

Its area is calculated taking into account:

• Number of floors of the building.
• Number of elevators and public roads.

Requirements for improvement are determined by the norms of a particular locality. General provisions valid throughout the country are established on the basis of sanitary standards.

The minimum responsibilities are:

• Carry out work on the construction of structures and recreational facilities for children and adults. This also includes the repair of such objects.
• Engage in landscaping and cultivating planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain the greenery in proper form.
• Designate places for household waste, ensure their cleanliness and timely removal.
• Cleaning - sweeping sidewalks in the warm season and clearing of snow during winter.
• Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
• Arrange parking areas where vehicles will be parked.

Maintenance of an apartment building

The main issues related to the maintenance of an apartment building are regulated by the Housing Code of the Russian Federation and the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of Russia dated August 13, 2006 No. 491.

(information is presented taking into account the management method chosen by the owners - concluding a management agreement for an apartment building with a management organization).

What is included in the common property in the house?

a) premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as common areas), including inter-apartment landings, stairs, elevators, elevators and others shafts, corridors, strollers, attics, technical floors (including built-in garages and areas for vehicles, workshops, technical attics built at the expense of the owners of the premises) and technical basements in which there are utilities, otherwise serving more than one residential and (or) non-residential premises in an apartment building equipment (including boiler rooms, boiler rooms, elevator units and other engineering equipment);

c) enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);

d) enclosing non-load-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other enclosing non-load-bearing structures);

e) mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment);

f) a land plot on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;

g) other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located .

What condition should the common property of the house be in?

Common property must be maintained in accordance with legal requirements in a condition that ensures:

a) compliance with the reliability and safety characteristics of an apartment building;

b) safety for the life and health of citizens and safety of property;

c) availability of use of residential and (or) non-residential premises, common areas, as well as the land plot on which the apartment building is located;

d) compliance with the rights and legitimate interests of premises owners, as well as other persons;

e) constant readiness of utilities, metering devices and other equipment included in the common property for the provision of utilities (supply of utility resources) to citizens living in an apartment building;

f) maintaining the architectural appearance of an apartment building in accordance with the design documentation.

What does the concept of “maintenance of common property” include?

The maintenance of common property, depending on the composition, design features, degree of physical wear and tear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes:

a) inspection of common property, carried out by the owners of premises and responsible persons of the management organization, ensuring timely identification of non-compliance of the condition of common property with the requirements of the law, as well as threats to the safety of life and health of citizens;

b) lighting of common areas;

c) ensuring standard indicators of temperature and humidity in common areas;

d) cleaning and sanitary cleaning of common areas, as well as the land plot included in the common property;

e) collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building;

f) ensuring fire safety;

g) maintenance and care of landscaping and landscaping elements, as well as other objects intended for the maintenance, operation and improvement of this apartment building located on a land plot that is part of the common property;

h) current and major repairs, preparation for seasonal operation and maintenance of common property.

What does the concept of “routine repair of common property” include?

Current repairs of common property are carried out by decision of the general meeting of premises owners to prevent premature wear and tear and maintain operational performance and performance, eliminate damage and malfunctions of common property or its individual elements (without replacing the enclosing load-bearing structures, elevators).

The scope of work does not include work on routine repairs of doors to residential or non-residential premises that are not public premises, doors and windows located inside residential or non-residential premises.

Rules for installing fences

Legality

First of all, the construction and use of fences must be coordinated with the administration .

Such areas may be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.

Construction order

First, a meeting of residents must be held , at which a decision will be made on the need to install a fence.

An application is written to the local administration asking for permission to erect a fence of a certain height and size. It will be necessary to provide a plan for the future facility, which must be agreed upon with government agencies. If no violations are found, permission to install is given.

Where to complain in case of illegal installation

If the fence was installed without the consent of the residents of the house, an application can be submitted to the administration, prosecutor's office, Rosreestr and other authorities.

Arbitrage practice

Most often, controversial situations between homeowners, homeowners associations and management companies arise due to the area of ​​a given territory. This zone in houses built during the USSR was later privatized free of charge by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of SNiP on urban planning.

This leads to the fact that it is necessary to find out in court what objects can really be located here, who is their owner and, therefore, who should monitor them.

Formation of land plots for apartment buildings

Answer: Make a similar request to the Administration of the local municipality. If the house was built before the current Land Code came into force (October 29, 2001), then the land on which it is located is state property. Owners of apartments in buildings built after the entry into force of the current Land Code, by law, own this land plot on the right of common shared ownership.

As already noted, the application is submitted by a person authorized by the general meeting of owners. A package of documents (application with attachments) is submitted to the Administration of the municipality (city, district center). Services involved in the formation of land plots can be called differently: land resources department, land resources committee, etc.

Punishment for unauthorized increase in area

The area of ​​the measured plot attached to the house is registered with the registration authorities.

Based on the results of surveying the local area, an extract from the Unified State Register and a site plan are issued.

If these boundaries were violated, this may lead to administrative or criminal punishment - a fine or other measure, determined depending on the nature of the violation (borders were violated, incorrect information was transmitted to government agencies, etc.).

About the local area of ​​apartment buildings, see the following video:

Multiple difficulties related to the maintenance of land area related to an apartment building and issues of managing the adjacent territory of an apartment building provoke various problems for owners. Often residents are interested in the boundaries of the entire homestead and who should take care of it. Any housing is assigned an area of ​​territory; in fact, it contains children's complexes, recreation areas, sidewalks, lawns and lawns. When buying a living space, any participant clearly understands that subsequently he will be the full owner of the home, however, not every new settler thinks about who owns the adjacent territory and the adjacent land plot.

How to find out who is the owner of a land plot by cadastral number

Next, you need to fill out the information from your passport and send the application. After the application receives the “sent” status, information for payment of the state fee in the amount of 150 rubles for an extract of the Unified State Register in electronic format and 200 rubles in paper format will be sent to your email.

We recommend reading: Is gift tax paid?

After paying the state duty, all that remains is to wait until the extract from the Unified State Register is ready. Unified State Register extracts will arrive in electronic form within three to four days. According to a paper extract from the Unified State Register, the readiness period is up to 5 days. Plus the postal delivery time is one to two weeks.

What is included in the local areas

The collective property of homeowners in a building includes not only attics, entrances and basements, but also the land area adjacent to the house and assigned to it by the city municipality. Based on Article 36 of the Housing Code, adjacent areas include:

• children's play complexes;
• sports stadiums;
• emergency and through passages;
• garages and parking lots;
• pedestrian sidewalks, paths and pavements;
• various green areas;
• transformer, distribution, heating booths and points.

All this is considered a local area; these areas are designed to provide an apartment building with comfort and are located within the boundaries of the house. Therefore, there are established rules for its use.

Conducting land surveying under an apartment building

1. In the first case, a plot is drawn up along the contour of the house and, possibly, a small plot that is needed for servicing the house.
2. In the second case, the surrounding area is decorated with all the sites and, if the situation allows, even a little more (for example, if there is empty land behind the house that residents want to designate as parking spaces).

To form a plot within the boundaries, it is necessary to carry out cadastral work on it (Federal Law No. 221). In new buildings, this responsibility falls on the developers, since without land surveying they will not be able to deliver the property. In old buildings, land surveying is carried out on the initiative of the owners of the apartment building.

Interesting: Is it possible to withdraw 20,000 from Maternal Capital in 2020

Who is the owner

According to ordinary logic, this territory must be the property of the residents of the building built on it, since the adjacent land with its front gardens, benches and sports grounds was originally intended for the entertainment of the people living in the house. Article 16 of the Federal Law on Housing Code No. 189 states:

• The territory around the house, on which a multi-storey residential building and other objects and structures included in this building are built, which are associated with the territory and created before the entry into force of the law and in relation to which government price accounting was carried out, is freely transferred to a single (collective) shared property apartment owners.
• The site on which a multi-apartment residential building and other objects and structures included in its structure that are associated with the territory are located are the aggregate (collective, common) shared property of the owners (copyright holders) of the apartments.
• If the territory on which a multi-apartment residential building and other objects and structures included in the structure of such a structure that are associated with the territory are located was not created before the implementation of the residential complex, then each owner has the right to make a corresponding application to the national authorities or regional authorities with request for the creation of a land zone.

Area of ​​the local area

Now let’s try to answer the question: how many meters from the house is the adjacent area considered? The land on which a high-rise building is built often needs to be organized, that is, its boundaries on the site must be determined and registered in the cadastral department at the regional office. There are also frequent issues related to compaction development, if it may seem to the residents of a previously existing building, at first glance, that their rights are being illegally infringed. In these cases, you first need to find out where, in particular, the ownership of your home ends.

The territorial site of a multi-storey building and the size of the adjacent territory of an apartment building are determined in accordance with the conditions of urban planning and land legislation. First, it is necessary to determine the boundaries of the local area (exact footage) - in accordance with the Federal Law. This is adjoining land that provides the typical use of the house itself, and its scale will be regulated by urban planning regulations and instructions.

How to find out the boundaries? The following formulation is used as a basis:

Snor = U×Sk, where definition: Snor – adjacent area of ​​an apartment building; Y – specific measure of part of the territory per square meter. meter of housing; Sк – apartment area of ​​the building.

It is not possible to accurately determine the local area according to established standards, since specific dimensions are not provided; the usual scale of these nearby zones is from 3 to 6 m. However, the area can be larger.

The parameters of the local land (the boundaries of the local area of ​​an apartment building) - area, limits - are displayed in the cadastral plan of the territory. This information is the basis for calculating the costs of management companies for repairs and cleaning of this place. If the adjacent land is not properly registered, then responsibility for its maintenance rests with the municipal administration.

Features of the formation of a land plot under an apartment building

But, there is a certain hierarchy of laws, according to which federal laws have primacy, and the rest of the legislation cannot contradict them. If the published regulations contain provisions different from those in federal laws, then they cannot be taken into account and have no legal force.

The exclusive right to receive the land plot on which the apartment building is located belongs to the owners of the premises of the apartment building. The emergence of property rights does not depend on the issuance of law enforcement acts by state authorities or local self-government bodies, but is established by law depending on the formation of the land plot, while the state registration of the right of common shared ownership of a land plot is not law-forming, but only law-confirming in nature, since in By virtue of a direct indication of the law (Article 16 of the Introductory Law to the Housing Code of the Russian Federation), ownership rights arise from the moment the land plot is registered in the cadastral register.

26 Jun 2020 glavurist 410

Share this post

Related Posts
• A fixed-term employment contract to perform a specific job
• How to find out the Okato code by the organization’s tax identification number
• Where to arrange care for an elderly person over 80 years old
• Documents for Obtaining a Tax Deduction on Mortgage Interest

Registration into collective property

Often, it is not enough just to know the boundaries of the local area of ​​an apartment building; it is necessary to formalize and mark it.

1. The first step is to hold a collective deliberative meeting of the owners. The resolution of the general council is taken by the majority of votes from the joint number of votes of the participants; based on the results of the meeting, a document (act) is drawn up. How to determine which papers need to be drawn up during the process is explained in PP – No. 569 dated July 3, 2007.
2. The second step is that the appointed trustee must go to the state administration body or regional government department with an application approved at the general meeting (application for the creation of a land zone). The Regional Supervision Department, by administrative act, recognizes the draft boundaries (limits) of this territory, based on the land management procedures carried out. To pass the state registration of rights to joint (collective) ownership of this territory, you need to collect the following package of documents: a license establishing papers for common real estate; technical certificate of the building (technical passport, project); an application drawn up in accordance with all the requirements for state registration of the right to common shared property, as well as a diagram; information about the owners and the premises they own; a deed evidencing the rights of the owners' agent; invoice for payment of state duty.
3. The third step will be to designate the land area itself. It is carried out by administration departments or by the regional administration apparatus, on the territory of which the high-rise building is built. The Territorial Department of Land Resources is developing a conclusion on the free provision of land for the collective shared ownership of home owners. Certain regions, by their regulations, do not require homeowners to issue a special resolution from the regional control department in order to transfer the territory adjacent to the house into common shared property.

Maintenance Responsibilities

The parameters of the adjacent land - area, limits - are displayed in the cadastral passport. This information is the basis for calculating the costs of management companies for cleaning this place. If the area of ​​the local area is not properly designed, then responsibility for its maintenance rests with the municipal administration.

Correctly managing not only the object itself, but also the land adjacent to it, you can significantly reduce costs and increase the comfort of living. Each locality develops its own set of rules. However, they always contain universal components created on standard sanitary standards. The main work consists of:

• Cleaning the local area. Snow is unconditionally removed from access roads and sidewalks, entrances and address signs are cleaned.
• Work in the field of formation of areas where children rest.
• Fencing the area or its components. The basics are to take into account the range of interests of residents in nearby houses.
• The yard arrangement of parking for motorists is extremely important; many factors depend on where personal vehicles are located.
• Organize the operation of waste disposal sites.
• Planting and processing. It is necessary to form lawns, plant bushes and trees, and landscape the area.
• Erect the necessary buildings, install fences, carry out their scheduled repairs.

Almost everything depends on how the owners themselves relate to this, to what extent they proactively look after their own home and the surrounding area is always in a tidy condition. It is very important to fulfill the requirements for landscaping, at least to a small extent, and in most cases, developers are responsible for performing one-time work.

Parking questions

The procedure for organizing parking and parking zones in courtyards is always the main criterion for design. Already during the design period of the building, the order of location of the packing areas is envisaged, which is used when creating a parking lot in the yard and the surrounding area. Owners can use these principles at the stage when they are drawing up a plan for the local area of ​​an apartment building (in accordance with SNiP) and create additional parking lots, arrangement of personal garages, but the following should be taken into account:

• the distance from a parking lot accommodating up to ten cars to the building of a residential building should be at least ten meters, but to garages it can be a quarter more distance;
• it is possible to install garages on local land only if the exits from these garages do not face the buildings;
• The presence of an open parking lot is permitted, which can accommodate up to fifty vehicles. When we talk about parking spaces or garages with continuous wall fencing, in this case their capacity can be increased up to one hundred cars. If there is still not enough space, then it is possible to rent an additional area.

Residents can file a complaint if the parking lot provokes various obstacles and limits the residents’ opportunities to the appropriate governing bodies, this is the municipal or district city. administration, fire supervision, sanitary control services. Whenever disputes arise about parking cars in yards, you first need to examine the district regulations.

Traffic rules

The adjacent territory, in addition to these laws, is also regulated by traffic regulations, which delineate zones where parking is generally not permitted:

• The rules strictly prohibit idle time in the courtyards of vehicles with the engine running for more than five minutes, unless the necessary loading and unloading operations are performed or passengers are not boarded and disembarked. The importance of this principle increases with the arrival of winter time, if the driver needs to warm up the car;
• the adjacent territory of an apartment building establishes standards for parking and leaving cars on sidewalks, lawns, walkways and where transport will impede the movement of pedestrians or other vehicles (bicycles, scooters, etc.);
• It is prohibited to erect barriers independently, without permission, and thus secure parking spaces;
• It is not allowed to interfere with the passage and passage into the yard, or park the car at a distance closer than five meters. from trash cans;
• further, the adjacent territory of the apartment building prohibits the parking of trucks (over three and a half tons) outside specially designated areas; such a zone may be the territory paid for by a shopping center and industrial buildings located near it;

The owner of the car who mistakenly delivered his own car will have to pay the penalty. If such a situation with a would-be driver is repeated more than once, traffic police officers will raise the issue of depriving the offender of his driver’s license.

How to fence an area

The adoption of a conclusion on the installation of a barrier, the installation of blocks or a protective fence falls within the competence of the general meeting of homeowners in this high-rise building (MCD):

• If apartment owners or their agents took part in the consultation, and the issue was decided by more than fifty percent of the total votes, then the meeting has the legal capacity to organize such decisions.
• After which it is necessary to design a design for the fence structure and coordinate it with the police, the Ministry of Emergency Situations and the 03 service, in order to guarantee independent passage of cars in the prescribed emergency areas.
• In addition, residents have full authority to block areas of public use: embankments, roads, through courtyard passages, green areas. All this is possible taking into account the rights and legitimate needs of the population, nearby buildings, owners of neighboring plots and other nearby objects that may need this common area to provide access or passage.

The design, installation and ongoing repairs of fencing structures are carried out at the expense of the personal money of the owners of high-rise apartments. Subsequently, upon completion of construction, the fence will become the single shared property of absolutely all owners of premises in the building.

Information

The legislative documents on which all calculations are carried out today have become irrelevant. The head of the executive branch entrusted the creation of a normative act with new principles for the formation of local areas, however, even today the territory is still the subject of speculation and arbitrariness.

We have tried to describe in sufficient detail in this article what the adjacent territory of an apartment building is and all the main nuances associated with this issue; this information will help owners avoid various funny situations and protect themselves from lawlessness. Next, I suggest watching an interesting video on the topic: how many meters is the adjacent area of ​​an apartment building.

General information

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (Saint Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

The local area is an integral part of an apartment building. It includes the land plot on which the apartment building is located. Along with the purchase of an apartment, a citizen becomes the owner of a part of the local area in proportion to the area of ​​the apartment.

Ownership of land terminates with the alienation of the apartment. It is impossible to select a part of the territory and sell it separately from the apartment. Such actions are expressly prohibited by law.

Contrary to popular misconception, the local area is not just a yard. This is precisely the plot of land on which the house itself, the engineering communications serving it, as well as landscaping elements and objects intended for operation are located.

This area has its own clear boundaries. The yard cannot be considered a local area, since it is located between several houses. The size of the territory is determined according to the standards adopted in the region.

Being the owners of the local area, apartment owners can dispose of it at their own discretion. For example, making a profit from renting out land and placing advertising structures. At the same time, the owners have the responsibility to maintain the territory in proper form and improve it. Residents of the apartment complex entrust these functions to the management company, which cleans the area, equips waste sites, removes solid waste, and monitors the condition of utility networks.

Residents themselves can take part in the improvement of the site, for example, by planting plants.

Dispute No. 3. Formation of a land plot without taking into account the interests of the owners of the premises

The location of the boundaries and the size of the land plot within the boundaries of the built-up areas, its area are determined in accordance with urban planning regulations and norms for the allocation of land plots (clause 4 of article 43 of the Civil Code of the Russian Federation). In this case, the interests of the owners of the land plot on which the apartment building is located must be taken into account. The boundaries of a land plot for an apartment building must include the part that is directly occupied by the apartment building and the part that is necessary for its use.

In case of disagreement with the results of the formation and registration of a land plot in the cadastral register, the owners of premises in the apartment building or a person authorized by them have the right to challenge them in court.

The subject of dispute will be:

• actions (inaction) of the government authority on the formation of the land plot on which the apartment building is located, on the development of documentation on the planning of the territory (Article and Civil Code of the Russian Federation);
• any actions preceding the disposal of a land plot (for example, a decision to provide a land plot for construction).

If, as a result of the actions of the government authority, third parties have a right to a land plot necessary for the operation of an apartment building, the owners of the premises therein can file a lawsuit against third parties aimed at challenging the corresponding right.

The burden of proving the circumstances that served as the basis for the formation of a land plot within the disputed boundaries and size rests with the authority. The court decision that established the boundaries of a land plot is the basis for changing information about this land plot in the state real estate cadastre1.

Footnote 1 Points and resolutions of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22.

Thus, the practice of surveying land plots “along the edge of the foundation” (along the “blind area”) of the apartment building or along the border of the “building spot” is widely known. Despite the guarantees of the legislator (Article 36 of the Housing Code of the Russian Federation) and the Constitutional Court of the Russian Federation that the land plot should be formed with elements of landscaping and improvement, in judicial practice there is an opposite position.

EXAMPLE The boundaries of a land plot “at the edge of the foundation” were recognized by the court as legal

The court refused to satisfy the HOA’s request to declare the formation of land plots “to cut the foundation” of residential buildings illegal.

The court found that the decision to form the plots was made based on the results of a field survey, taking into account the building density of the block and actual land use.

In addition, the HOA, while claiming to increase the area of ​​the land plot, did not prove that on the plots adjacent to the houses there are infrastructure facilities related to the common property of the owners of premises in the apartment building (resolution of the Federal Antimonopoly Service of the North-Western District dated April 18, 2013 in case No. A56-54370 /2007).

In order for an apartment building to operate normally, it needs not only children's and sports grounds, but also a fire-fighting passage, green areas, parking, passages and driveways to the house, and other facilities intended for the maintenance, operation and improvement of the house, including transformer substations, heating points.

Any owner of the premises has the right to use such elements of landscaping and improvement, without violating the rights of other owners (Clause 2 of Article 36 of the Housing Code of the Russian Federation). The procedure for using a land plot can be additionally agreed upon at a general meeting of owners, and if agreement is not reached, it can be established by the court (clause 1 of article 247 of the Civil Code of the Russian Federation, subclause 2 of clause 2 of article 44 of the Housing Code of the Russian Federation).

To make a decision on the procedure for using the land plot on which the apartment building is located, a qualified majority of votes of the owners (at least 2/3) is required (subclause 2, clause 2, article 44, clause 1, article 46 of the Housing Code of the Russian Federation). In the absence of a quorum, the decision of the meeting is invalid2.

Footnote 2 Appeal ruling of the Saratov Regional Court dated July 19, 2016 in case No. 33-5283/2016.

As the courts explain, decisions on the procedure for using a land plot include:

• decisions on its operation, namely the construction of various facilities on the site, playgrounds, garages, parking lots, organization of a security point, etc.3;
• decisions on establishing restrictions on the use of this area by other persons (for example, installing fencing devices (barriers) and organizing access control).

Footnote 3 Appeal ruling of the Moscow City Court dated December 14, 2015 in case No. 33-39832/2015.

If the owners of premises in an apartment building, as co-owners of a land plot under an apartment building, have not established a procedure for using it, then they do not have any special rights to own and use this plot that could be transferred to them under lease, rental, loan and other agreements.

FOR YOUR INFORMATION

The court satisfies a claim to eliminate violations of the right to use a land plot if the plaintiff proves that he is the owner or other legal owner of the land plot and that the actions of the defendant, not related to deprivation of possession, violate his right of ownership or legal possession. This legal position is set out in the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights.”

EXAMPLE Payment for the use of land by a tenant of premises in an apartment building

The court refused to allow the landlord of the non-residential premises (Department of Property and Land Resources Management of the Tver City Administration) to collect fees from the tenant (Tver City Internal Affairs Directorate) for the use of the land plot.

The court proceeded from the fact that the premises being rented out are located in an apartment building, the land plot under which was formed and registered in the cadastral register in 2003, and, accordingly, from the moment the Housing Code of the Russian Federation came into force, that is, from March 1, 2005, this plot transferred to the common shared ownership of the owners of residential and non-residential premises in the specified house. Consequently, since this department did not have the authority to lease a land plot that is in common shared ownership of the owners of the premises in this house, it does not have the right to collect from the tenant of the premises a fee for using the plot (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 15, 2012 No. 13966 /eleven).

Even if the land plot for the MKD is not formed, then by virtue of the provisions of Art. 16 of the Introductory Law to the Housing Code of the Russian Federation and clarifications of higher courts4, owners of premises in apartment buildings have the right to demand the elimination of any violations of their rights to use the land plot, even if these violations were not associated with deprivation of possession, including against the owner of the land plot (Article 305 Civil Code of the Russian Federation).

Footnote 4 Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22.

Judicial practice contains many examples of premises owners protecting the right to use land. As a rule, the owners demand the removal of obstacles in the passage and passage, the demolition of unauthorized buildings erected in the local area, and the dismantling of enclosing structures. Similar requirements are imposed both on the owners of the premises who committed the violation, and on third parties, including management authorities, homeowners' associations, and municipalities.

EXAMPLE Owners must have access to the land plot

The court found that the placement of a parking lot on a land plot of an apartment building violates the rights and legitimate interests of the owners of premises in the apartment building, since it prevents free access to the land plot occupied by the defendants for a parking lot (appeal ruling of the Stavropol Regional Court dated 05/04/2016 in case No. 33–3376/2016) .

Owners of premises in apartment buildings must prove that the actions of third parties interfere with the exercise of the right of use and these actions are unlawful. Thus, digging a trench in front of an apartment building to repair water, heat, and gas supply systems creates certain interference, but if these actions are legal, they cannot be appealed.

EXAMPLE Construction on a local property needs to be challenged in court

The court declared illegal the administration's decision on preliminary approval of the location of the administrative office building with the police stronghold and ordered the violations to be eliminated.

The court noted that in connection with the adoption of the contested resolution, the owners of apartments in apartment buildings may be deprived of the right to use the adjacent territory, since the object will be located on this territory (appeal ruling of the Moscow Regional Court dated 04/06/2015 in case No. 33–7685/2015, 33– 7992/2015).

The use of a land plot is not only a right, but also an obligation to properly maintain it (Article 158 of the Housing Code of the Russian Federation). The legislator makes the following requirements for owners and other users of a land plot (Article 42 of the Land Code of the Russian Federation):

• use land plots in accordance with their intended purpose in ways that should not harm the environment, including the earth as a natural object;
• preserve boundary, geodetic and other special signs installed on land plots in accordance with the law;
• promptly begin to use land plots in cases where the terms for the development of land plots are provided for in contracts;
• make timely payments for land;
• comply with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and standards when using land plots;
• prevent pollution and other negative impacts on lands and soils;
• fulfill other requirements stipulated by federal laws (for example, comply with the rules for maintaining green spaces, promptly cut down emergency trees, etc.).

The above responsibilities do not depend on the fact of formation and cadastral registration of the land plot.

The legislative framework

The very concept of local area is given in clause 4, part 1, art. 36 Housing Code of the Russian Federation.

Art. 11.2 of the Land Code determines the procedure for allocating a land plot of any type, as well as determining its boundaries.

The local area is determined according to the standards adopted in the region. Based on Part 1 of Art. 36 of the Town Planning Code, regional authorities have the obligation to establish town planning regulations for each subject of the federation.

It is the regulations that regulate the legal regime of the land plot along with the objects located on its surface or under it. Each region establishes regulations in accordance with the characteristics of the territory and its intended purpose.

The process of registering a land plot is prescribed in the Federal Law “On State Registration of Real Estate”. The Code of Administrative Offenses establishes liability for the improper condition of the local area.

How can you determine the boundaries of a land plot?

• By typing the website address https://kadastrmap.ru into a search engine, you will receive the same information that can be found using the first method described above. There is only one small feature: here you can enter the number in a separate search line located at the top;
• By going to the address https://pkk5.rosreestr.ru, you have the opportunity to obtain the necessary data by using the “advanced search”. This version of the map contains control and measurement icons on the outer contours of the map.

Law No. 221-FZ (clauses 7, 9, article 38) states that the boundaries of land plots can be determined based on coordinates and points. These coordinates can be found in documents on private property rights. In the absence of these papers, confirmation of the information is in the documents on the location of the boundaries of the site.

Boundaries of the local area of ​​an apartment building

Like other land plots, the local area has its own boundaries. Its size is determined by the standards established in SNiP and the Town Planning Regulations of the locality.

How to register a land plot for an apartment building? See here.

How are they determined

On average, the boundaries of the local area of ​​an apartment building are 3-6 meters from the house.

The limits of the site depend on the following factors:

• total area of ​​the house;
• number of floors and apartments;
• the presence of public roads near the MKD;
• building density of the area.

There is also a slight dependence on the year the MKD was built.

In this regard, the standard for the size of a house plot varies not only in different localities, but also in different areas of the same city.

The border of the territory is not always geometric and runs in a straight line. The location of underground utilities, as well as above-ground service structures, influences the determination of boundaries.

How and where to find out?

A common question is how to find out the boundaries of the local area of ​​an apartment building. It's quite simple. Since this is a land plot, it is subject to mandatory state registration.

Information about it can be found in:

• Rosreestr;
• State Real Estate Cadastre.

The unified state register contains information about its owners, size, procedure and time of registration.

The state cadastre is a map of a populated area, on which each plot is demarcated according to the cadastral passport.

In addition, information about the boundaries of the site is located in the local government authorities responsible for a specific area of ​​the settlement.

Owners can familiarize themselves with the cadastral passport of the site and other title documents by contacting the management company. The Criminal Code has no right to refuse this request.

How to determine the boundaries of the local area? Who should repair yards and roads in the city?

The plaintiff lives in apartment No. **, No. 32 on the street. Mira, Inta. In accordance with the agreement for the management of an apartment building dated 01.01.08, concluded between the administration of MYGO "Inta" and the management, the subject of the agreement is the implementation by the Management Company within the period agreed with the administration of MYGO "Inta", for a fee for management services, services and work in due maintenance, repair of common property and provision of utilities in an apartment building, as well as carrying out other activities aimed at achieving the goals of managing an apartment building.

Hello. I have the following question: We submitted a statement to ZhRP No. 8 and to the Administration of the Industrial District regarding night parking of cars. There are more and more cars every day. Moreover, the cars are “thrown” at random. We park our cars, but we can’t drive into our yard because everything is packed. Conflicts with “nightlights” arise from time to time. And the last time the matter came to the police. So, replies came from both the administration and ZHRP-8. The answers say something like this: “Get together with the owners, make a decision, the land plot under the apartment building needs to be formed, registered in the cadastral register and registered as common shared property.” After this, they say, we ourselves will decide who can park in the yard and who doesn’t. We received a plan for the “landmark boundaries” and it turned out that the boundaries of our house end exactly at the exit from the entrance. And behind the house we were given a plot right up to the road (house on V.Shosse street, 84). According to this layout (“landmark boundaries”, neither the yard, nor the playground, nor the guest parking area paved directly in front of our house is our common shared property. That is, we will pay for the road, which has nothing to do with our house, and we can’t open our mouths in our own yard? The question is as follows: Is it possible to challenge the boundaries of land surveying? Why do the administration and zhrp-8 give answers if they know perfectly well the real data (land survey boundaries)? And if the yard boundaries belong to someone else, they should Do we pay for janitors' services?

Interesting: What to do if you lost your vehicle passport

If boundaries are not set

There are situations when the boundaries of a land plot are not defined. Then a general meeting of owners of the premises of the apartment building is held. At the meeting, the question of carrying out the land surveying procedure is raised. For a decision to be considered adopted, a simple majority of votes must be obtained.

Once minutes of the meeting are completed, they are sent to the managing organization to begin the process of establishing boundaries. Or, during the meeting, another responsible person may be selected to monitor the progress of the process.

Land surveying procedure

The boundaries of the site are established by land surveying. To do this, the management organization applies to the state body responsible for the management of real estate in the region.

Along with the application, it is necessary to provide the OSS protocol, technical documentation confirming the area of ​​the house, the number of floors and apartments, as well as information that the territory boundary was not previously determined. Next, specialists carry out the necessary measurements and calculations, guided by SNiP and Town Planning Regulations.

The result of this procedure is an act on determining the boundaries of the site.

After receiving the act, ownership of the plot is registered. It is registered in the Unified State Register, after which a certificate and cadastral passport are issued. These documents are stored in the management company or with the chairman of the house.

How can I find out the status of a land plot?

To find out this information, it is not at all necessary to personally contact the authorized body; it is enough to go to the official website of the Rosreestr. Here you can find all the data on land that is included in the State Property Committee.

In particular, the following information is reflected:

• Territorial boundaries.
• Cadastral information.
• Category of the site and its intended purpose.
• Cadastral value of the property, total area, form of ownership and other legal information.

If you plan to purchase a plot of land, all these nuances should be studied so that no problems arise in the future. If desired, you can use the services of a competent lawyer.

Use of land other than for its intended purpose is an undeniable basis for seizure from the owner. This also applies to those cases when residential buildings are built in areas not intended for these purposes.

Fencing installation

For security purposes, residents fence off the local area, preventing strangers from being there. The rules for installing barriers in 2020 are as follows.

The decision to install fencing is made at a general meeting of premises owners. 51% of the votes will be sufficient.

At the same meeting, the characteristics of the fence are determined: its location, size.

Afterwards, the fencing installation project is agreed upon with the local administration. This is necessary because owners are required to provide access to the common area to emergency services, police, the Ministry of Emergency Situations, emergency doctors, etc.

Having received approval from the authorities, residents can begin implementing the project.

What is included in the current renovation of an apartment building? Information here.

How to find out the size of the local area of ​​an apartment building? Details in this article.

Complaint about illegal installation

If the fence is installed illegally and interferes with the normal operation of the house, the owners have the right to write a complaint. You can submit such an application to the local state housing inspectorate, as well as to the prosecutor's office.

The State Housing Inspectorate is responsible for supervision in the field of housing services, and the prosecutor's office oversees the rule of law in general.

Based on the complaint, an inspection is carried out to determine the legality of the installation of the fence. If the complaint is confirmed, the authority will issue an order to demolish the illegal structure.

The period for consideration of such an application is 30 days.

Establishing the boundaries of a land plot of an apartment building in court

disputes often arise regarding the determination of the size and boundaries of the land plot of an apartment building In particular, the above-mentioned land plot of an apartment building, as a result of the actions of the government authority, is often formed or formed within the boundaries of the foundation of such a house or with minimal indentations from it. At the same time, with respect to part of the plot of land necessary for the operation of the house and occupied, for example, by landscaping and improvement projects, the authority may take actions aimed at disposing of such a plot of land. For example, in relation to such a plot, a decision may be made to provide it to third parties for construction, to hold tenders for the sale of a land plot or the right to conclude a lease agreement for a land plot, etc.

In a decision on this type of case, the court also indicates the obligation of the relevant body to take certain actions, make decisions or otherwise eliminate violations of the rights and legitimate interests of co-owners of premises in an apartment building or to refuse to satisfy the corresponding requirement in whole or in part.

In the video about the boundaries of the local area

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
3. Moscow and the Region
4. St. Petersburg and region
5. Regions

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

>>>