Standards for setbacks from the boundaries of a land plot
Basic requirements for setbacks from the boundaries of the site, in order not to spoil relations with neighbors in the future and not have protracted legal proceedings, and also not to be under the threat of demolition by a court decision or the need to move an already built object - a house, a bathhouse, a barn, a garage .
1. You need to decide on all the buildings, plantings, flower beds, and ponds that will be located on the site in the future in order to correctly zoning the site.
2. When building a house, you need to pay attention to the construction site and the building spot in relation to the poles, and also take into account all future buildings and plots of neighbors in relation to the shadow of the house falling on them.
Distances to the street and passage: · From the house and outbuildings to the red line of the street - at least 5 meters. ·
Determining boundaries by coordinates
The coordinates of turning points, recorded by boundary signs on the ground, are determined separately in a special table in the boundary plan.
This data is not included in the cadastral passport. If you need the coordinates of the turning points, then you will have to make an extract from the information of the Unified Land Management using the KV 6 form, in which the coordinates of the turning points will be indicated on the first page.
Each point is determined in the system of intersection of X and Y coordinates, as a result of which its most accurate location in space is determined. This form provides information about the location of the coordinates of each turning point in relation to all turning points of the site available in the land surveying file.
Keep in mind that the presence of coordinates of turning points will not give you the opportunity to verify the passage of the boundary line along them yourself. This is a rather complex procedure that can only be performed by a competent specialist with the status of a cadastral engineer.
The position of characteristic contour (turning) points is determined on the ground in those parts of the boundary line where it divides, breaks and loses its integrity. These places are marked when marking the boundary line with temporary boundary signs - usually pegs. They must subsequently be replaced with permanent signs that meet regulatory requirements.
Further, when entering boundary markers into accounting records to record them in topographic documents, special rather complex calculations are made using formulas that allow establishing coordinate intersection lines at each point. That is, a break in the boundary line is defined as a quadratic error, a violation of its integrity.
By determining its real value in relation to the maximum permissible square error, leading to a complete break in the boundary line, a turning point or boundary sign is established.
To determine their location on the ground, the following methods are used:
- geodesic;
- satellite measurements;
- photogrammetric;
- cartometric;
- analytical.
When they are transferred to topographic documents, they are described in a system of specific flat rectangular coordinates, which are provided directly for cadastral designations.
The coordinates of the boundaries are determined based on the data on the establishment of boundaries on the basis of a title document. The land surveying procedure involves, while maintaining the basic shape of the site, adjusting and clarifying the actual position of the boundaries on the ground in comparison with the data entered in the register.
That is, before drawing boundary lines along the coordinates of turning points, a preliminary stage of cadastral work is needed. Therefore, the customer submits a title document for the land plot to the geodetic company carrying out the work.
Based on this document, the contractor orders a cadastral extract with the information entered into the register. On the ground, the data specified in the cadastral information is verified with the actual use of the site.
In some cases, the information does not match, and adjustments have to be made, since the established procedure for using the plots is also taken into account. In this regard, the cadastral engineer can set new turning points, along which plots are demarcated and amendments are made to the cadastre records.
We invite you to familiarize yourself with the amount of the state duty for the recovery of moral damages
It is also possible to adjust boundary boundaries that have moved to the side as a result of the owners’ initiative. Thus, when surveying the coordinates:
- are determined;
- to be specified;
- change;
- are being restored.
Accordingly, boundary work makes it possible to carry out various additional procedures with the site in addition to defining boundaries.
So, by changing the existing boundaries, it is possible to add plots of land to an existing plot and register up to 10% of the land in relation to the total area of the land plot. And most importantly, by determining the presence of boundaries by coordinates, you can eliminate boundary disputes with neighbors.
What are the minimum setbacks from the site boundary during construction?
In the case of individual construction, we are most often talking about zones of individual residential development (plots are allocated for individual housing construction or private plots and are located within the boundaries of a populated area).
In such areas, it is necessary to retreat at least 1 m from the border of the site (your own site, that is, owned by you) during the construction of a one-story residential building, 1.5 m.
– when constructing a two-story building, 2 m. – when constructing a three-story residential building, provided that the distance to the residential building located on the neighboring plot is at least 5 m. And in any case, it must be remembered that from the future residential building to the border of the neighboring plot, the distance is sanitary conditions must be at least 3 m.
Now let's take a closer look at the requirements for non-residential buildings. Basic rule: In areas with residential one- or two-apartment buildings, the distance from the windows of living rooms to the walls of a neighboring house and outbuildings (barn, garage, bathhouse) located on adjacent land plots must be at least 6 m.
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We take into account natural characteristics
Before you start planning, you need to know not only the size and shape of the land. Be sure to pay attention to the features:
1. Relief, since the terrain (flat or hilly) influences the choice of location for the house and garden, the choice of types of communications and landscape style. If the territory of the site consists of ravines, ditches and has a natural reservoir, this must be noted on the drawn up diagram.
2. Groundwater. The arrangement of drainage structures, wells and boreholes depends on the groundwater level. Based on this, methods for draining stormwater are selected. A significant influence of groundwater levels on fruit tree yields has been noted.
3. Soil type. Knowing the structure of the soil is necessary in order to choose plants for the site, since sandy, clayey, loamy, humus soils are not suitable for the growth and development of all vegetables, flowers or fruit trees.
4. Lighting.
5. Wind roses.
One option for arranging a regular style summer cottage is a flat topography, with a house in the center, which is bordered by a recreation area. You can plant decorative green compositions around the house.
The groundwater level parameter can be determined independently when constructing a well or digging a well, using the drilling method, or using old water intake points.
Having accurate data on illumination and wind rose will help with the correct installation of the cottage, the placement of the garden and vegetable garden, and the competent selection of varieties and types of plants.
How to find out the boundaries of a land plot: all methods
You can determine the boundaries of land plots yourself by obtaining information online, on the Rosreestr website, or in certifying documents. A specialist will also help you figure it out, who will determine the boundaries based on data from the cadastral chamber. First of all, this information may be needed when constructing a fence or various buildings on the site .The content represents the lines between the characteristic (so-called turning) points at which these segments change their direction.
Their number directly depends on the geometric shape of the land plot: usually it is quadrangular, respectively, with four points. It is the coordinates that are the main characteristics of the border. And only on the basis of them are spatial indicators determined.
The coordinates are established by cadastral engineers, they refer
How to determine the boundaries of a land plot yourself
You can set the boundaries of the site yourself. To do this, read the cadastral passport of the object or an extract from the Unified State Register, which can be ordered from the Unified State Register . The documents reflect the coordinates of the turning points. A rectangular or square area has 4 of them. By connecting them with straight lines, you will get the desired boundaries. If the site has a polygonal shape, then there will be more points.
You can clarify the boundaries of a land plot on a public cadastral map. Simply enter the cadastral number of the plot in the search bar. It is possible to impose boundaries on satellite images of the earth. The only problem is that it is impossible to transfer boundaries from an online map to the terrain without special equipment with GPS.
Plus, setting boundaries yourself is free. The downside is the lack of legal force. In case of a dispute, your calculations will not prove anything, even if you have professional geodetic equipment. You will still have to resort to the services of a cadastral engineer with the appropriate license.
Sometimes a land plot has no boundaries on the cadastral map and in documents. In this case, you cannot do without land surveying.
Indentations from the boundaries of the land plot during individual construction
Every resident of our country, while carrying out any construction work in their own home, thought about whether there were legislative norms that defined clear boundaries in buildings, distances between houses, and so on.
The legislation of the Russian Federation clearly regulates all norms relating to the construction of various buildings on its own, the main of which are: SNiP 2.07.01-89 Urban planning. Planning and further development of both urban and rural settlements; MSK-MGSN 1.01-99 clause 9.1; MO – TSN 30-303-2000 clause 10.15; Small-sized buildings: SP 30-102-99: Planning and further development of the Small-sized construction area, p.
5.3; Fire safety requirements: 123-F3, including sanitary SanPin 2.2.1/2.1.1.1200;
I.
The procedure for filling out general information on the urban planning plan of a land plot
Order of the Ministry of Regional Development of the Russian Federation of August 11, 2006
N 93 On approval of the Instructions on the procedure for filling out the form of an urban planning plan for a land plot In pursuance of paragraph 2 of the Decree of the Government of the Russian Federation of December 29, 2005 “On the form of an urban planning plan for a land plot” (Collected Legislation of the Russian Federation, 2006, N 2, Art.
205), I order: Approve the attached document on the procedure for filling out the form for the urban planning plan of the land plot.
Minister V.A. Yakovlev Registered with the Ministry of Justice of the Russian Federation on November 8, 2006.
Registration N 8456 Appendix on the procedure for filling out the form of an urban planning plan for a land plot This Instruction was developed in accordance with Article 44 of the Russian Federation and the Decree of the Government of the Russian Federation of December 29, 2005 “On the form of an urban planning plan for a land plot” and defines
How to mark the boundaries of a plot of land to install a fence yourself
In the absence of disputes with neighbors and the presence of earlier land surveying, you can establish the boundaries of the land plot yourself. To do this, you can use several methods:
- Establishing the boundaries of your land plot on the ground. At the same time, you can find traces of land surveying - pegs marking turns, and use them to completely restore the markings;
- Establish the boundaries of the land plot using its plan. All buildings and dimensions are marked on it, which allows you to draw boundaries by measuring with an accuracy of 5 cm;
- Refer to the building plan. Knowing the cadastral number of your plot, you can find its boundaries and dimensions on a map on the Internet.
Do not forget to coordinate your calculations with your neighbors before installing a fence or erecting buildings. After all, even with an error of 5-10 cm, you can suffer losses associated with the movement of the object, and at the same time lose peace and tranquility on your own land.
Free legal advice online
The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens.
As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs.
Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist.
The convenience is that consultation with a lawyer is free and online. Where and how to get free legal advice? is provided throughout the Russian Federation.
Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support.
On approval of the form of urban planning plan for a land plot and the procedure for filling it out
In accordance with Part 9 of Article 57.3 (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 16; 2020, No. 27, Art. 4306; 2020, N 11, Art. 1540) and approved (Collected Legislation of the Russian Federation, 2013 , N 47, art. 6117; 2014, N 12, art. 1296; N 40, art. 5426; N 50, art. 7100; 2020, N 2, art. 491; N 4, art. 660; N 22, Art. 3234; N 23, Art. 3311, Art. 3334; N 24, Art. 3479; N 46, Art. 6393; N 47, Art. 6586, Art. 6601; 2020, N 2, Art. 376; N 6, art. 850; N 28, art. 4741; N 41, art. 5837; N 47, art. 6673; N 48, art. 6766; N 50, art. 7112; 2020, N 1, art. 185; N 8, Art. 1245), I order: 1.
Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation.
Approve the attached: a) form of an urban planning plan for a land plot; b) the procedure for filling out the form of an urban planning plan for a land plot.2.
Determining the boundaries of a land plot by coordinates
The coordinates of a land plot represent data on the exact location of the boundaries , between which there are lines that define the boundaries of the property of a person or organization.
Such indicators are determined on the basis of documents provided on the plot during the preparation of land surveying, information from other cadastral documents and calculations and measuring work directly on the ground.
Determination of coordinates is carried out by engineers - specialists licensed for this type of activity. If the coordinates of the boundaries are established by a person who does not have the required level of qualifications, the boundary plan drawn up will not have legal force .
Forms of notifications approved by order of the Ministry of Construction of Russia dated September 19, 2018.
Declare invalid (registered by the Ministry of Justice of the Russian Federation on July 21, 2020, registration N 42935).3. This order comes into force on July 1, 2020.4.
No. 591/pr
[2] To be completed if the developer is an individual Appendix No. 3 to the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated _______________ 2020.
No. ______ FORM Notification of the completion of construction or reconstruction of an individual housing construction project or garden house "__" ____________ 20__ ________________________________________________________________________ ________________________________________________________________________ (name of the federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation, the local government body) 1 .
Information about the developer 1.1 Information about the individual, if the developer is an individual: 1.1.1 Last name, first name, patronymic (if any)
How to determine the boundaries of an allotment by coordinates
Determining the boundaries of a land plot by coordinates may have some features depending on the accompanying factors of such a procedure, the available data in documents on the site, as well as whether boundary work has been carried out in relation to a particular site.
If no survey was carried out
In the event that the land surveying procedure was not carried out in relation to the land plot, the owner of the plot must fully go through the procedure that is carried out in such situations.
The procedure consists of the following steps :
- Contacting a cadastral organization, whose specialist will carry out work to determine the coordinates of the border of the land plot;
- Collection and provision of documentation regarding land plots. Such documentation, first of all, must establish the right to order the establishment and boundaries and, in addition, contain information about the site that may be useful in determining the coordinates.
In case of disputes
Disputes regarding the established boundaries of a site can arise both during the process of determining the coordinates, and subsequently, when one of the interested parties wants to challenge the drawn boundaries, having grounds for this.
If there are disputes, the best option is to resolve emerging contradictions regarding boundaries peacefully , since otherwise the establishment of coordinates will be carried out only through the court.
In such a situation, the court decision will be executed without fail , regardless of the opinions of both parties, solely on the basis of the law.
According to the documents
The determination of boundaries based on cadastral documents is actually carried out in the process of land surveying. This procedure is a detailed study of documents containing data on the coordinates of land plots.
In the process of processing the available data, the cadastral engineer takes the necessary data, conducts a thorough analysis, calculations and, when visiting the area, determines the correctness of the established boundaries, making some adjustments if necessary.
Indentations from the boundaries of the land plot during the construction of non-residential buildings
Arbitration courts recognize buildings erected without compliance with the legislation on setbacks from the boundaries of the site and various buildings as illegal.
They lose their legal status and are subject to demolition. The developer must comply with the rules on setbacks in order to take ownership and register the premises. This is the only way he can sell, rent, or use it for his own legal production. The rules on setbacks are established by urban planning legislation, building codes and local laws. Contents When constructing non-residential premises on a land plot, you must be guided by: The norms of the Land Code on the types of land categories (articles and Land Code of the Russian Federation); The Town Planning Code and local town planning legislation (urban planning regulations of cities, towns)
What is a land boundary?
A special position among the characteristics of a land plot is occupied by its boundaries. In simple terms, boundaries are straight lines between certain points at which these lines change direction. Such points are called turning points or characteristic points. Their number will depend on the shape of the land plot (most often the plots have a quadrangular shape with four turning points, respectively). The main characteristic of the border of a land plot is, contrary to popular belief, not its length, but the coordinates of the location of its characteristic points. They determine all the spatial characteristics of the site boundary. And it is the coordinates that are determined by cadastral engineers in the process of establishing boundaries on the ground. They are also among the most important information in the State Real Estate Cadastre (GKN). Accordingly, the more accurately the coordinates are determined, the better the owner of the site sleeps at night. Naturally, there is a reasonable and legally defined limit to this accuracy. Let's talk about her.
In what cases will it be necessary to define boundaries?
A plot of land, by definition, is a piece of real estate. Like any such object, it must have clearly defined individual characteristics with official status.
To obtain such characteristics, it is first necessary to delimit a specific land plot from all other lands.
The owner of a land plot will need to make such a distinction in the following situations:
- If there is a dispute with neighbors about the size of the land plots that are located next to each other. The boundaries of these plots are defined conditionally, so the only way to resolve the dispute is to officially divide them and write down the appropriate decision in the land documents.
- When a citizen makes any transaction with his land plot (purchase and sale, donation, division, association). In almost one hundred percent of cases, the future owner of the land wants to receive specific information about it, and when registering the transfer of ownership, the seller is simply obliged to collect the necessary package of documents for the land and there is no way to do without the delimitation procedure.
- In the case when the owner of a land plot recently acquired it and discovered that it does not have real boundaries (for example, inherited by law or through a will).
- To determine the amount of land tax, since it is calculated relative to the area of the plot.
It is imperative to clarify the boundaries:
- When dividing one land plot into several, or, conversely, combining plots into one;
- To determine the shares of co-owners in the event of inheritance or division of property;
- If the land plot has not previously been registered in the cadastral register;
- When a cadastral error occurred in documents or the unified state registration database.
In any of these cases, a situation with undefined boundaries can lead to various disputes and problems.
Setbacks from the boundaries of the land plot during construction 2020
› The setback from the boundary of the plot during the construction of a house is a SNiP standard and a necessary step that must be taken when developing a land plot owned by the owner on SNT or individual housing construction lands. The distance of buildings from the boundaries of the site is only an approximate value determined by incompetent sources.
It must be a minimum of 3 meters according to SNiP standards.
People who claim that it is enough to move away from the boundary by the required minimum for all requirements and standards to be met are deeply mistaken.
The amount of indentation may vary due to various circumstances. The Town Planning Code is a document mandatory for urban and rural settlements, stipulating the need to obtain permits before starting construction. With the help of a permit obtained from local authorities, you can not only determine the correct distance.
Permission to deviate from the maximum parameters of permitted construction - conditions and procedure for obtaining
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documents application form documents for the application other application forms example of a resolution Contents: Limit parameters of permitted construction are one of the indicators of urban planning regulations.
The City Regulations, in turn. is one of the results of urban planning zoning of municipal territories, providing the solution to a number of problems:
- formation of territorial zones, establishment of town planning regulations operating within the boundaries of a specific territorial zone, establishment of the type of town planning activity
The goals of the formation of territorial zones are: creation
Methods for determining the boundaries of a land plot
There are several ways to define them.
- Clarify the boundaries of the land plot in documents by cadastral number or address of the land plot.
- Determine the boundaries of the area.
- Find out through online resources.
- Use the services of a specialist.
And now about each of the methods further in detail.
Clarification of boundaries
Clarification needs to be carried out when the land plot has a cadastral number and the address of its location, but the State Real Estate Cadastre does not have data on the specific location of its boundaries.
For example, the area of the land plot has changed: it has decreased or increased, or the plots have been divided or merged into one. In such cases, it is necessary to clarify the boundaries by first contacting the cadastral company, and then, with ready-made documents for the site, contacting Rosreestr.
This will help avoid possible conflicts with neighbors of bordering lands. You will have to do this even if their accuracy is below standard.
But clarifying the boundaries of a land plot is not the same as correcting a cadastral error. There is no error here, there are simply some inaccuracies that have arisen over time in the parameters of the land allotment.
Determination of boundaries on the ground
Directly on the ground, boundaries are determined on the basis of a previously submitted application by the owner or citizen (or organization) who have the right to use the site in connection with:
- permanent (unlimited) use;
- inheritable ownership for life.
Several owners or possessors at the same time can submit an application if we are talking about shared rights to land.
Such an application is submitted to Rosreestr at the location of the site of interest. When submitting it, you must present all available documents that would confirm the applicant’s rights to the land. The procedure for determining boundaries in this way is not free.
Further, if the application is submitted in compliance with all the rules, a number of measures are taken to survey the land plot. Land surveying is the actual delimitation of land that is carried out on the ground. This procedure is strictly regulated by law (No. 122-FZ and No. 221-FZ) and is carried out under the guidance of a cadastral engineer.
In general, the land surveying process with the final result includes 3 mandatory stages:
- Preparatory work, including planning of boundary work.
- Geodetic research and measurements carried out directly on the ground.
- Final work on the preparation by the cadastral engineer of a report on land surveying and execution of the cadastral plan of the site.
After completion of the work, the cadastral engineer must provide a copy of the report in electronic form to Rosreestr, and a copy on paper must be transferred to the customer, i.e. to the applicant to determine the boundaries of the land plot.
Find out the boundaries on the Internet
In order to find out about the boundaries of a land plot, you need to use one of the official Internet resources - the Public Cadastral Map (https://pkk5.rosreestr.ru) for which you need to enter its cadastral number and the exact address where it is located.
If you successfully search on this site, the desired land plot will be highlighted, and its full characteristics will appear nearby in a special window (not only data on boundaries).
Specialist services
To establish the boundaries of a specific land plot, before applying
application to Rosreestr, go to a geodetic company that is engaged in surveying and identifying such boundaries. It is advisable that the company is located near the location of the site. And the specialists who will provide this type of service are cadastral engineers and surveyors who have licenses established by law to carry out the relevant types of work.
The terms of reference for specialists are formed on the basis of the application of the applicant and an extract from the Unified State Register received from Rosreestr.
The services of cadastral engineers are reimbursable. To accept an application, it is not necessary to attach documents for the land plot (cadastral number and certificate of ownership); they may be absent altogether.
A passport (if it is an individual) or a power of attorney for a representative (for a legal entity) is sufficient. Then the cadastral company will be able to carry out land surveying, and then help register the land plot with the Rosreestr.
Then all the stages of boundary work described in the previous section of the article are carried out, and based on their results, a copy of the report on paper is sent to the client, and a second electronic copy is sent to Rosreestr, and the plot is registered in the cadastral register.
The report is a single descriptive document for the land plot, which contains:
- acts;
- land plan;
- other additional information.
It is recommended to determine the boundaries of a land plot in the manner that is most optimal for achieving a specific goal. If you need to register land in the cadastral register, or file an application in court to correct a cadastral error, then it would be advisable to seek help from a specialist who will prepare the official documents necessary for proof.
If you need to look up information about the site and its boundaries, you can also use Internet resources to obtain operational data.
