The legislation does not have a clear definition of the local area next to private residential buildings, but usually every owner of such a structure has to deal with this concept.

It is impossible to build a house on land that is not. The site and the building are two different objects, each with its own cadastral number, but at the same time they are inextricably linked with each other.

The adjacent territory is considered an important site, since it is it that is used for engineering communications, creating approaches and entrances, as well as for erecting various small buildings necessary for life.

The land can be not only in the personal ownership of the owners of the house, but can also be drawn up in.

Legislative regulation

The use of the adjacent territory of private buildings should be based on the same regulations that apply to.

TO these acts applies to:

• LCD, which contains information on the definition of the local area, as well as the basic principles on which it can be used;
• The OC describes the rules for determining the size of a parcel;
• The Federal Law "On Land Management" allows you to determine how correctly it is performed;
• NK gives information on how to correctly calculate the size, which is the property of the owner of the house;
• Federal Law No. 214 indicates how to correctly distribute rights in relation to common land.

Only with accurate knowledge of all the rules regarding the use and delimitation of the local area can you be sure that there is no violation of the law.

Definition of concepts

The law does not have an exact concept of what is the local area for a private residential building.

Therefore, this usually includes a small plot of land, which is located directly next to the house, and is necessary for the life and maintenance of the building.

Plot Maybe:

• be in personal property;
• rent from the municipality;
• transferred to free use.

Fences can be placed on the boundaries of this site, after which the land can be used for any purpose by the owners of the house.

Owners and responsible persons

Land ownership depends on how it is framed.

If it belongs to the owner of the house by right of ownership, then he can fully dispose of it at his discretion. If it is transmitted on the right, then the basic rules for its application are taken into account.

To the nuances determination of territory ownership applies to:

• the land that is located behind the fence is considered no man's land, therefore it usually belongs to the municipality;
• only people who have the right to own and use it can use the site attached to the fence, for example, the owner of a private site is obliged to use it to leave the garage;
• it is assumed that several persons have the right to own land, for example, the owners of neighboring houses, whose fences adjoin the same territory, so both of them can freely use this land.

Blocking off a site that needs to be used by several homeowners at once is a violation of the rights of citizens, so they can apply to law enforcement agencies to remove illegal fences.

Determine the size of the adjacent territory quite simple, since for this a standard formula is used, which involves multiplying the area of ​​\u200b\u200bthe house by the specific coefficient of a part of the land, which is determined by SNiP.

Terms of Use

There is no separate and precise data in the legislation on how the site located next to a private house should be used, therefore, rules related to high-rise buildings are usually used.

That's why sure work is done:

• cleaning the site from various debris or snow;
• placement of containers for garbage;
• landscaping and landscaping;
• decorating the land and installing on it various items and structures necessary for the life of owners of private houses.

It is allowed for the owners of the building to independently determine what kind of work will be performed on this territory.

Cleaning

The owners of the house and the site themselves must take care of cleaning the territory, so garbage is removed from it in a timely manner.

Snow removal depends on who owns the land, because if it is privately owned, then removed by the owners themselves.

If the earth belongs to the municipality, then a certain Criminal Code is usually appointed, which is engaged in clearing the land, for which the owners of the houses to which the territory adjoins pay certain funds.

If neighbors share the same property, they can set their own snow removal schedule.

landscaping

It is not mandatory, but it provides an attractive appearance site.

Usually works include:

• uprooting trees if they interfere with the passage or passage, and also endanger people's lives;
• planting attractive flower beds or lawns;
• use of fertilizers for ornamental plants;
• creating a hedge.

Usually little attention is paid to this process, but it depends on how attractive the territory will be.

Lighting

If the land belongs to the municipality, then you can require the installation lighting fixtures public service workers.

Owners of the local area must independently take care of the installation of these structures. This is especially true in spring and winter. Lighting can be decorative or functional.

If several homeowners use one site, then they can agree among themselves on the installation of lighting fixtures, for which all installation and maintenance costs are divided between them.

Asphalting

This process is also carried out only by the owners of residential buildings. They make a decision regarding the creation of a concrete or asphalt pavement. The money for this should be allocated from personal funds.

Usually, the participants of one housing cooperative at a meeting decide on the need for asphalting the territory behind the fences. In this case, money is collected from each owner of the house and specialists are hired to create the cover.

The area directly next to the houses, which is used only by the owners of the buildings, is asphalted at the expense of their personal savings.

landscaping

It includes various works associated with the decoration of the territory, with its cleaning and installation of various functional elements that greatly simplify the process of its use.

Emergency living plantings are certainly eliminated. It is also not allowed to create obstacles to the use common area other home owners.

Rental

It is allowed to lease this land, for which it is necessary initially Papply to the administration. When transferring an allotment to lease, a certain payment for the use of the land is established.

If the land is registered as a property, then it is not required to obtain permission from the administration to rent it out.

The administration may refuse the opportunity to lease the land, as it may contain important communications or there is a narrow road, so it is not allowed to block the territory.

Responsibility for violation of the rules

The territory can be leased or the right of ownership can be registered on it. If the requirements for the use or maintenance of the territory are not observed, then the object may be withdrawn by the local authorities. Therefore, it is not allowed to create obstacles for neighbors or to have a lot of garbage on the site.

If administration officials discover misuse of land or a lot of garbage accumulates on it, then a fine may be issued.

Thus, the adjacent territory next to private houses may belong to the citizens themselves or the municipality. The possibility of its use is determined by the need for this, as well as the available registration documents. It is important to use the land for its intended purpose, taking into account many rules, as well as to take care of its improvement.

Examples of arranging the adjacent territory of residential buildings are presented in the following video:

Good afternoon. I would like to ask for advice on how to act if our housing and communal services department practically does not do its job? Thanks in advance for your answers.

1. The apartment in the house was bought 13 years ago. For all 13 years, receipts were regularly paid, where there was a line "Maintenance / repair of the house." For 12 years, repairs have not been carried out even once. To all questions to the representatives "And when?" they answered "No money!". Only when the question arose of changing the management company, Zhilischnik OJSC took mercy and painted the entrance. Please tell me, once in what period of time the repair of a residential building should be carried out, what should be included in it, and if this did not happen on time or not in full, where to contact?

2. At the request of the residents, the house was insulated - from the outside of the house, the workers had to plug the gaps between the panels with a foam hose (I don’t know how to call the item exactly) and paint it. Walking with the child, I watched how the process was going: the workers in some places recaptured old paint and repainted the seams. Not a single worker used a piece of foam plastic anywhere. I informed an employee of Zhilishchnik about this, who reassured me, saying that the work had not yet been accepted, we, of course, would not leave it like that. However, no one else began to insulate or redo anything. Where do you need to apply and what documents to require - certification of receipt of a complaint or something like that?

3. 13 years ago, during the construction of the house, a playground was equipped near it. Now only rusty remnants remain of it - all the wooden seats, the ceilings are broken, the paint has peeled off, the swing is broken, bent. Who should monitor its condition and how to achieve its repair? And, by the way, are there any requirements for such sites - is it enough to pour a bunch of sand so that housing and communal services can boast of an equipped site?

4. Our house is on the outskirts of the city. On the back side, under the balconies, along the house there is a small piece of land (5 meters wide), then a small sidewalk and then - empty land (20 meters), a line of garages and an empty field to the nearest village. The aforementioned playground is located between the sidewalk and the garages. Entrepreneurial neighbors took this land into circulation and turned it into their dachas. The land is completely fenced off, in some places it’s just beds, fenced with boards, a little further - full-fledged vegetable gardens, with a high fence and a single gate (so that you can’t go any further), greenhouses and hotbeds. The entire area around the playground is planted or fenced, a piece of land right under my balcony is planted with potatoes. Grandmothers water the whole thing with manure, so there is a specific smell on the site. As far as I know, this is a gross violation - the yard area cannot be used in this way. You can plant flowers, but no Agriculture, fences and even more so, no buildings. Am I right or not, and if this is a violation, where should I go to have this Smolensk "Rechnik" demolished?

Text: Press Service of the St. Petersburg Regional Public Organization "Association of Soviets apartment buildings»

Adjoining territory: who is the owner on it?

With the onset of spring, many residents, first of all, the first floors of high-rise buildings, begin horticultural work under your windows. They plant bushes, flowers and even vegetables. Their improvised vegetable gardens are surrounded by makeshift fences. Some people like it, and some will object. How many people, so many opinions. And who decides what can and cannot be done in the local area? What plants to plant, what garden furniture install? Or maybe instead of a front garden it is better to equip a parking lot or a dovecote? And in what cases can you get penalized for innocent benches with a table? This is told by the head of the Center for Housing and Public Utilities Control of St. Petersburg, the President of the St. Petersburg Regional public organization"Association of Councils of apartment buildings" Oleg Kalyadin.

- We live in an apartment building, on the ground floor and in front of our windows - an abandoned front garden. We want to make a small fence, plant flowers, etc. Do we have the right to do this? If not, what does it mean for us?

- By general rule decides what will happen to the land, the owner of this land. In the case of a house adjoining territory, if this site is demarcated, formed and registered in common ownership apartment building, then the owners of the premises in it can dispose of this land. In this case, the fate of the site is decided at a general meeting of owners: as the majority decides, so be it. For example, if they decide to break a flower bed, then they allocate some money for this, hire contractors or manage on their own. That is, only those works that are approved by a majority vote of the owners at their general meeting (OSS) will be legal. This is regulated by Article 44 of the Housing Code of the Russian Federation.

If the site is not formed, then in most cases the municipality manages it. But if you just planted flowers there, and they did not cause allergies to anyone, they were not dangerous (for example, this is not your hogweed), then most likely you will not have problems. However, if problems arise, then claims will be made first to the municipality, and it will already broadcast them directly to you. This means that the municipality will contact you with a request to return everything to its original state. Of course, at your expense.

- How can I find out who is responsible for the local area?

- Firstly, this can be found on the public cadastral map on the Internet. Secondly, this information can be requested from the regional department of Rosreestr. If this is the property of an apartment building, then it will be written there - “share ownership of an apartment building”.

- I planted flowers under the window, and the neighbor broke them. Can I get money from him for damages?

- Again, it depends on whether the planting of flowers was agreed with the owner of the site. But if you did not agree on the planting of plants, then, even if they were expensive, you will not be able to receive any compensation in case of damage. So arbitrarily planting varietal roses in the house front garden is not the best idea.

However, if the improvement was agreed upon, and the perpetrator is known, then you can recover this damage.

For example, if someone inadvertently parked on the flowers under your window, and this is municipal land, then you can complain to the authorities. Raids are regularly carried out on illegal parking, so the authorities often react quickly to such allegations. In addition, damage to the lawn is a damage to the environmental safety of the city, and fines are also provided for this.

- What can not be done in the local area?

- To put it simply - nothing that would threaten the fire or other safety of the house, create unnecessary noise and pose any threat to the life and health of people.

For example, you can not place industrial buildings, car washes. In some cases, apartment complex management companies set their own limits on any structures, activities or landings.

Thus, in order to insure against fines and other troubles, it is better to coordinate any of your initiative with the owners of the site. It is important to remember here that the land under the windows of an apartment building does not at all belong to the residents of the first floors, but is in common ownership, that is, this territory belongs to all owners in proportion to their share in the right to common property, while specific plots are not assigned to one or another owner.

- What if some people need parking under the window, while others want bushes with benches and a table for dominoes?

- As a rule, if the house is high-rise, then the residents of the upper floors, as a rule, are not at all interested in what is under their window. The exception is parking. There are never enough parking spaces for people. In low-rise buildings, people are more likely to seek to improve their territories. Conflicts are resolved only through negotiations, otherwise nothing. In any case, each of the tenants will ultimately have to comply with the decision of the general meeting of owners of the premises of the apartment building or the decision of the municipality.

Decision and Doubt
“I want to express my doubts about the recent decision of the Pukhovichi district executive committee,” Vladimir Mazhar, a resident of Pravdinsky, begins his appeal to the editor. We are talking about the elimination of vegetable gardens near apartment buildings. From the seventeenth house, where Vladimir Pavlovich lives, to the house opposite, "allotments" stretch about three meters wide. By the way, compared to others, they are in a normal condition: they have been removed, and they do not have any greenhouses and fences built from improvised materials. People grow vegetables and herbs there. No doubt, it is very convenient: I left the entrance and tore off everything I needed for a salad or dug up potatoes. But it turns out that not everything is simple with this land issue ...
The head of the land management and geodetic service of the district, Alexander Dobritsky, explains that agricultural products should be grown on household plots with individual residential buildings, and beds are not provided near apartment buildings. And it makes no difference whether such a house is located in the capital or the village. It turns out: if you want to engage in gardening, change your apartment for a house with a plot. But for some reason, no one from the “almost villages” heard about this before? Then such ennoblement of the earth was even welcomed.
Vladimir Pavlovich calls the decision of the district authorities to eliminate the vegetable gardens rash. the opinion was supported by some of those who came to the "spontaneous meeting" near the house number 17. But is it so?
IN last years In Belarus, work is underway to improve settlements, several programs are being implemented in this area. In particular, the State Comprehensive Program for the Development of Regions, Small and Medium Urban Settlements of the Republic of Belarus for 2007-2010. Local executive committees submit their proposals to the district executive committees, on the basis of which regional improvement programs are created. This year, declared the Year of the Native Land, the work is going on especially intensively. Improvement is understood in a broad sense: the construction of modern houses and bringing the old ones into proper condition and appearance, streamlining unauthorized outbuildings, repairing streets, establishing trade and consumer services. Putting things in order in the adjacent territories is also an important aspect of landscaping ...
Alexander Dobrovolsky, head of production site No. 3 of the Zhilkomuslugi-Svisloch Municipal Unitary Enterprise, notes: “The warning about the liquidation of vegetable gardens was issued to residents of apartment buildings two years ago in accordance with the decision of the district executive committee. Pravdinsky is the only village where understanding cannot be found. In Gabrielevka, Svisloch, Druzhny, the issue has already been resolved.”
Gardens are part of life...
The houses, built about forty years ago, are mostly inhabited by people for whom the craving for the earth is in their blood. They, as our reader writes, are ready to dig up the asphalt in order to plant something. About asphalt, this is, of course, an exaggeration. But the activity of gardeners, as we were explained, had an effect on something else. In response to the statement of the author of the letter that “some houses float in the water in the rain”, the chairman of the Pravdinsky village executive committee, Zoya Volchek, noted that during the construction of the village storm sewer was not intended surface outlet water. But as a result of unauthorized plowing, the residents violated the layout of the village. Now we urgently need to resolve the issue with the most “floating” houses No. 6 and 7. It is planned to make a local storm drain. Simply put, a hole will be dug, a grate installed, water will drain there and go further through the pipe.
Yes, for many, these beds are not only an occupation for the soul, but also a help to retirement. As a human being, we felt very sorry for the elderly gardeners. But to say that everyone in apartment buildings stands up for the preservation of plots is still impossible. For example, residents of houses No. 31 and 36 express dissatisfaction that they have to take their children to the garden bypass, since the passage between the houses is plowed up. There are also sites near the hospital, and dung flies fly into open windows medical institutions. In addition, these gardens are far from an aesthetic spectacle.
Last year we managed to sow lawn grass only two areas. Then the work stalled: a human shield blocked the way for the tractor... In the near future, according to Zoya Grigorievna, order will be restored near each of the twenty-one houses, which is almost three and a half hectares of illegally occupied land. What will be on it? Lawns, flower beds, trees, playgrounds, small architectural forms... The main thing is that people take care of all this.
Live in a village and not have a piece of land? Pravdinsky gardeners cannot understand this. True, the local authorities are ready to provide everyone with plots very close to home, literally across the road. “Let them process it, we will only welcome it. But there are no people who want to take land there,” says the chairman of the village executive committee.
Residents of house No. 17 have their own opinion on this: “Yes, they will give something there, but the gardens need to be watered. Where to get water? Hence, it is impossible to wear it. It’s good if ten percent of the people who have garden beds today go there.”
People are also actively discussing the prospect of the planned improvement, they say, will the lawns and flower beds be groomed ...
But Alexander Dobrovolsky assured: “There are tractors, a lawn mower, three trimmers. We are able to cultivate this land. We'll make sure we put things in order."
How are orders carried out?
Vladimir Pavlovich's letter also raised other problems. They, the author is convinced, had to be solved before the elimination of vegetable gardens.
Many questions were raised by the residents of the village at a recent meeting with the chairman of the Pukhovichi district executive committee, Fyodor Karalenya. As for the equipment of the mini-market, a canopy has already been welded, which will be installed near the Pravdinsky supermarket. Fruit and vegetable products will be sold there. The problem with the reception of glass containers has also been solved. Recycling should also be organized. In the meantime, containers for plastic waste have already been installed in the village, it is planned to supply the same ones for glass.
Open a bathhouse, repair the streets, establish in apartment buildings ventilation system, to complete the repair of the most problematic houses and the House of Culture... In the list of instructions given by the district head, deadlines are set, and those responsible for each event are named. Much has been planned by the local authorities themselves. In a word, work on the improvement of the village, as well as other settlements, is being carried out in all directions. This was explained to the citizens gathered at the 17th house by representatives of the local and district authorities. By the way, Alexander Pavlovich, the head of the department of ideological work of the Pukhovichi district executive committee, also traveled with us.
...Yes, it is necessary to restore order in the settlements in the Year of the Native Land. But the land issue is inherently complex, it is always a clash of interests. This is confirmed by the situation with vegetable gardens in Pravdinsky. The task of the authorities is to make this land beautiful. But you can understand people who have their own position. After all, for them - it's not just pieces of land, but something much more.

From the editor: While the material was being prepared for publication, unsightly greenhouses, rickety fences, the remains of dry last year's plants, and stones were removed in Pravdinsky. Thus, the first stage of ennoblement of the adjoining territories has been completed. How did people react to this? The village executive committee received two complaints. In one, a claim was made that it was not known where they had been taken away “ Construction Materials", located on the site. The second applicant demanded to speed up the process of transforming the land, that is, to cultivate it with the help of a cultivator.
Seeking understanding is always difficult, but this is the case when it is urgently needed ...

You can plant small shrubs and flowers near the house (plants that decorate the territory), and in some cases even vegetables and herbs, but provided that the land plot is the common property of an apartment building and at a general meeting of residents, by a majority of votes, it was decided to use the plot specifically as a vegetable garden. AiF.ru found out from the expert in which cases the use of the adjacent territory for a vegetable garden is possible and in which it is not, and when planting vegetables in the beds can result in an administrative penalty.

How, according to the law, can you equip a garden in the local area?

“This issue concerns the common property of the residents of a particular house, and therefore an appropriate decision should be made. Secondly, the territory of this house must have certain boundaries. The land plot under the house must be registered with the cadastre, its boundaries must be determined, and within the framework, respectively, of use, this is possible, ”says Natalya Mikhailyukova, head of the legal service of the Russian Guild of Realtors.

Thus, before planting vegetables or herbs before apartment building, tenants-gardeners must hold a general meeting of the owners of the premises and put to a vote the question of the possibility of using the site for beds. Only after the consent is received and formalized by the minutes of the general meeting, they can plant garden crops.

If the land plot has not been formed and the state cadastral registration has not been carried out in relation to it, then the land under the apartment building is owned by the corresponding municipality. According to Mikhailyukova, it is impossible to arrange vegetable gardens in such a local area. “We cannot plant anything of our own in someone else's garden,” the expert explains.

In what case will it not be possible to plant a garden even with the consent of all the tenants?

When designing beds in the local area, it is also very important to take into account the category of land and the conditions that determine its use.

“The main condition is the category of land. If the terms of registration provide for the placement of an apartment building without personal plot, that is, without maintaining a personal subsidiary plot, then it is strictly forbidden to use this site for other purposes and to plant some agricultural plantings on it. This will violate the norms of land legislation regarding the misuse of land. It will also violate the rules of land use and development, which are established by local governments. Each local government has its own rules that establish the zones of use of a particular land. It also will not comply with the rules of improvement, which are also different in each locality. Accordingly, this may lead to bringing to administrative responsibility,” says Mikhailyukova.