Are vegetable gardens around the apartment building provided? Garden under the window. Works also include

Those areas that are located in close proximity to apartment buildings represent property that belongs to all residents of this house at the same time.

But even in this article it is written that there should not be any act stating that this is the case. Thus, the current legislation tells citizens that they can do whatever they want with this land, but within certain limits.

Another reason for owning this territory can serve. It clearly states that such land plots and other immovable objects that are part of the house automatically become the property of a common share type.

All residents of the house have the right to it. And to make decisions about any actions with it should be taken by all tenants by voting. It should accept the majority of tenants living in the house.

Thus, based on all the provisions of the current legislation that were given above, we can confidently say that fencing the local area apartment building.

How to fence the adjoining territory of an apartment building?

As mentioned above, such a decision should be made by a certain assembly, which should consist of the vast majority of people living in this house. At such a council, clear decisions should be made on how much land will be fenced off, what type of fence will be installed.

Most of the disputes in such a situation usually arise around the cost of all work. Collection Money also falls on the shoulders of the residents of the house.

Often, not all people want to invest in such projects, and many of them do not even show up at meetings. That is why fundraising is usually a problem.

Usually, the required amount is divided equally among all tenants, after which a collection is made. Many citizens will not want to give away their hard-earned money until they see a concrete plan for how all the fencing work will be done.

Such a plan should be drawn up under the full control of the tenants' meeting in order to avoid problems in the future. But for the direct preparation of such a document, it is better to hire a specialist and include the cost of his services in the total amount that will be required to complete all the work.

Next, you need to coordinate the construction of the fence with some public services, which such a building can interfere with. This can be done if you bring the plan that was developed by the residents to the representative of each of the following services.

If approval is received, then the building is considered legal. In addition, each representative should be asked to sign and seal. This will serve as proof that the plan has been seen and approved.

If the case goes to court, then you can avoid a lot of problems if you have a plan in your hands, certified by the signature and seal of each service.

Types of barriers

Devices for barriers in the adjoining territories of an apartment building are divided into:

On structures that provide a complete ban on access to the territory.
On different designs, which can provide a partial ban on access to the local area.
Structures that can block access to some part of the territory. This type of fence is called target.

Coordination

After preparation, the plan for carrying out all work must be agreed with such services as:

Ministry of Emergency Situations, namely with the local management of this service.
Police represented by the leadership of the local branch.
With the ambulance service that operates in the area.
With an inspection of the architectural and construction type.

Important. All these services must carefully study the plan and then put their seal and signature. Thus, they will show that they do not mind the construction of this.

If the tenants do not take this condition seriously and do not coordinate their actions with the above services, then one of them may be offended in the future and go to court with a statement of claim.

If the tenants fail to prove the fact that the work was coordinated, then the judge will undoubtedly take the side of the plaintiff and decide on the liquidation of all previously performed work. In other words, everything that was built will be automatically demolished by court order, and the money that was collected from the tenant will be thrown to the wind.

As a result, we can conclude that no one forbids residents to protect the territory on their own, and all their actions will be absolutely legal if they adhere to a certain procedure, which is prescribed above.

The services mentioned above can go to court not only because they are offended.

The fact is that they also have their own duties, and in order for them to be able to fulfill them fully in a fenced area, coordination is required.

How to deal with illegal fencing?

If the fences of the courtyard of an apartment building were installed inconsistently, then this action is considered illegal. They are very actively fighting with this, and in order to deal with such a disgrace, you need to:

To draw up an application, it is better to use the services of professionals, since legal literacy must be observed.

Conclusion

If there is a desire to protect an apartment building from uninvited guests, then it is better to immediately comply with all the formalities, which are not so many.

This will avoid many problems that may arise in the future.

Residents of apartment buildings often face the problem of unauthorized development - some of the neighbors or tenants of non-residential premises build outbuildings, garages and other buildings in the yards for their own needs without obtaining a permit.

Related materials:

The adjacent territory belongs to the owners of an apartment building (if the land is in the common shared ownership of apartment owners in apartment building) or belongs to the city.

What is considered an unauthorized construction? In accordance with Article 222 of the Civil Code of the Russian Federation, such a building is any structure: 1 ) erected on land not intended for this purpose and of course 2) without the necessary permits or without compliance with urban planning or 3) sanitary norms.

In cases where someone without residents of the house built a garage on the adjacent territory, or fenced off a parking space (for information on what to do in case of seizure of courtyard parking spaces, read the article ""), or a tenant of non-residential premises of the house (shop, restaurant, a pawnshop, etc.) built or attached something to the house for their own economic needs of their own free will and without permits - this is an unauthorized building.

If adjoining territory framed in common shared ownership, then you can immediately go to court, if the land belongs to the city, then the lawsuit will be filed from any of the city services that the residents of the house will turn to, because. compulsory demolition of a building is possible only by a court decision (see Review of the Supreme Arbitration Court's judicial practice on certain issues of application by arbitration courts of Article 222 of the Civil Code of the Russian Federation of December 09, 2010). The unauthorized developer will be required to demolish the illegal structure at his own expense.

If, a lawsuit can be filed with the court on behalf of one of the owners, and on behalf of the HOA or the Criminal Code (depending on the form of management). The claim is filed at the location of the house. In the claim, it is necessary to indicate in any form all known circumstances (only facts, avoid emotions): who, how long ago and where erected the building, as well as related circumstances relevant to the case. It will not be superfluous to attach photo and video evidence to the claim. Good legal support and the availability of the results of an independent examination will also not interfere.

If the land is not registered in the ownership of the owners or belongs to the city property, residents have the right to apply to the prefecture of the district, the district council, Mosgosstroynadzor, the Department of Land Resources of the City of Moscow, as well as to the district one and apply for an inspection of the legality of erecting an unauthorized building on the adjacent territory, as well as for the demolition of this building. The application must indicate all known circumstances and attach all possible evidence (as well as in). It is the City's responsibility to review the application, respond if necessary, and provide an official response.

If the administrative check "slips" and those to whom the residents have applied are in no hurry to fulfill their duties and do not conduct an audit, residents can apply to the court to recognize the inaction of city structures as illegal. The court will order the required verification.

Since the beginning of summer, work has intensified in Strezhevoy to liberate territories from unauthorized objects: metal garages, containers, temporary objects of movable property. Property management specialists land relations conduct field inspections land plots, instructing the owners to take them to a specially designated area. In the near future, there are also plans to restore order in relation to land plots located near apartment buildings, which residents use for vegetable gardens.

Asiya Abbasova, Deputy Head of the Property and Land Relations Department of the Strezhevoy Administration: “There was a field inspection, a rough plan was drawn up for ourselves, but this issue is not acute yet, I don’t want to offend the residents either. But if it's on the lands common use, this applies to the issue of the residents themselves. That is, they gather a general meeting of homeowners, because the land plots belong to the common area, and they already decide whether to place something there or not.”

Gardens near apartment buildings in our city are mainly located in the Novy microdistrict, where two-storey houses. The inhabitants occupied the territory at one time, as they please: for some it is small, and for someone it captures not only the house, but also the state. Asiya Abbasova says that it is not possible to issue them either in ownership or for rent. Including - to issue permission for use without granting and establishing an easement.

Asiya Abbasova, Deputy Head of the Department of Property and Land Relations of the Strezhevoy Administration: “Permission to use a land plot without granting it and establishing an easement is granted for objects, the types of which are established by a decree of the government of the Russian Federation. Basically, this is for landscaping, for mobile circuses, for drainage systems, for power lines, for placing bicycle parking.”

In general, the list of objects allowed for placement on municipal lands includes, according to government decree, about 30 items. However, among them there are no vegetable gardens and greenhouses.

Asiya Abbasova, deputy head of the property and land relations department of the Strezhevoy administration: “The problem is this: if they place vegetable gardens, it is mainly the inhabitants of the first floors who suffer. They complain because when watering the gardens, mold and dampness appear in their house. That is, the situation is twofold: maybe for someone it's good, but for someone it's very bad. Because, I know, the residents complained, there were appeals.”

And yet, residents of Strezheve, who live in two-story buildings, can use municipal land to ennoble the area near their home.

Asiya Abbasova, deputy head of the property and land relations department of the Strezhevoy administration: “There are cases when residents gather, write an appeal to the administration and place them on the territory, if the territory does not belong to the house itself, but to the lands of the municipality, they ask for permission to use the land for landscaping: a gazebo, flower beds, benches - these are the elements of landscaping.

The legislation does not clearly define 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: