(1914-1975) Abbot of the Pskov-Pechersky Monastery (1959-1975) March 15, 1975...
You live on Tower 2 or somewhere in the center and you get terribly tired of uninvited guests. At night - drunken screams under the windows, during the day - some strange personalities in the yard. Or residents of neighboring houses, who will either throw garbage into the trash bin at your entrance or take up your parking space. You can, of course, endlessly cut off police phone numbers or resort to the power of personal persuasion. But it’s much safer to put a fence around your home yard. “P-Journal” found out how to do this and what pitfalls may be encountered along the way.
Stanislav Shestakov, lawyer
To fence the house, residents must register the land plot around the building with the cadastral register.
Register the land as the property of the residents
As lawyer Stanislav Shestakov said, in order to fence the house, residents must register the land plot around the building with the cadastral register. The first step is to call a cadastral engineer who will form the boundaries of the site. There are many companies in Perm that offer the services of cadastral engineers, so you can easily find their contacts online.
The same specialist will have to coordinate the boundaries of the territory with the owners of neighboring houses. Most often, engineers discuss this issue in advance with representatives of the HOA or management company that manage the neighboring houses. That is, neighbors learn in advance about the intention of a house to fence the perimeter, and all potential problems are resolved at this stage. If they do arise or arise in the future, go to court, where you will have to convince the state that your yard has the right to be protected by a fence within the desired boundaries.
Then, after the formation of the site, the engineer will issue the residents with a boundary map, which will need to be registered, that is, registered. In Perm, an application can be submitted to the Federal Cadastral Chamber at the address: st. Dzerzhinsky, 35 or at any MFC branch nearest to you:
- st. Kuibysheva, 9
- st. Brigadirskaya, 8
- st. Kospashskaya, 12
- st. Admirala Ushakova, 11
- st. Korsunskaya, 31
- st. 1st Krasnoarmeyskaya, 40
- st. Uralskaya, 47a
- st. Osinskaya, 16
- st. Lodygina, 28
- st. Dokuchaeva, 31
- st. Vernemulinskaya, 74a
- st. Fedoseeva, 7
- st. Transportnaya, 2
- st. 9th May, 3.
After the plot is assigned a number, it becomes the common shared property of the owners of the premises in the apartment building. Most often, the registration period takes about one month.
“If your house was commissioned after March 1, 2005, that is, after the Housing Code of the Russian Federation came into force, we can confidently say that your land plot has already been formed,” says the lawyer. Since this code appeared, a house cannot be put into operation if the land around it is not registered.
An important nuance: any owner can register the land near an apartment building with cadastral registration, bypassing the general meeting of residents.
Make a decision at a meeting of apartment owners
But in order to build a fence, it is still necessary to gather the owners and vote.
From the point of view of the law, a meeting has a quorum if the owners of the premises (or their representatives) with more than 50% of the votes of the total number took part in it. “The decision is considered adopted if the majority of voters are in favor,” the source adds.
Keep in mind that there is no need to run to the city or district administration to notify officials about your idea, since the procedure for installing fences near apartment buildings is not regulated by either local or federal legislation.
How much does it cost to install a fence?
As the head of the Vernissage homeowners' association Konstantin Antonov said, erecting a fence this year could cost from 17 thousand rubles per linear meter.
“There are many fencing options. You can install a fence made of corrugated sheets, or a mesh fence. Even concrete, but it is much more expensive. The height of structures also varies - from 1.5 meters and above. At least up to 4 meters,” says Antonov.
But the cost of the material is not the only expense. You will also have to pay the workers who will carry out the installation if you do not want to delve into the intricacies of connecting the wiring to the gate and using the tools yourself. On average, installation service per meter this year can start from 20 thousand rubles.
As for the access options, they are standard - a barrier, a gate with a drive, gates with and without a key.
However, not all Perm residents like to feel like residents of a “besieged fortress.” For example, in the Proletarsky microdistrict there are often mini-fences, which, in fact, serve as a salvation from careless car owners who leave their “horses” in someone else’s yard, but at the same time do not block the house and its yard from the urban space.
Provide access to the yard for emergency services
When installing a fence, you definitely need to think about how emergency vehicles, police and ambulances will approach the house. If this is not done, you may receive an order for partial or even complete demolition of the fence.
Stanislav Shestakov clarified that it is not necessary to go to the indicated departments with a notification about the fence that has appeared. It is important to take measures that will allow emergency services to reach your home. For example, hire a concierge who can open the gate if necessary.
Despite the fact that you should not notify the departments, you need to remember that if firefighters or, for example, doctors rushing to a call cannot get into the yard, then the fence can be demolished or partially dismantled upon their complaint.
Perhaps there are no more “pitfalls” in the fence installation procedure. Unless apartment owners in this case have additional property on their balance sheet. However, according to our interlocutor, the positive aspects of having a fence more than compensate for the costs incurred.
There is nothing surprising in a person’s desire to fence and protect his home by any means, as well as to outline its boundaries. Owners of private country houses have been using all kinds of fences for a long time. So why not use fencing around the local area of an apartment building for the same purpose?
Thanks to this technique, the passage yard can be turned into a quiet, cozy and safe place to relax, which is hidden from strangers.
Decorative fence
Note! Be sure to study the law regulating all requirements for structures of this kind in order to install fencing for the local area of an apartment building if you want to avoid troubles.
General concepts of the question
To begin with, it is worth defining the concept of “domestic territory”. In essence, it is a piece of land that is located around the house. All objects located in this zone belong to the property of this apartment building. It is worth noting that the adjacent territory belongs to the shared ownership of the owners of apartments in the building.
This is exactly the definition that can be found in the Land Code of the Russian Federation; it is indicated in Article No. 36.
Rights of residents to the local area:
- use of this site and all objects on it to ensure full operation of the house;
- equipment for children's playgrounds;
- installation of fences;
- equipment for sports grounds;
- organization of car parking.
Housing Code
The above rights are regulated by three documents:
- Federal Law of December 29, 2004 on the operation of the Housing Code;
- Resolution No. 10;
- Resolution No. 22.
Most often, when trying to improve and fence a site near a residential building, many are faced with a lack of support from utility services.
Most often, the site is fenced off from:
- strangers - random passers-by, people without a fixed place of residence, people living in neighboring yards and walking their dogs;
- cars using courtyards as a bypass road;
- homeless animals;
- vehicle owners who are not residents of the house, but use its territory as a parking area.
Therefore, if you want to improve your place of residence, you should start by installing fences.
Types of enclosing structures
Each fencing of the adjacent territory of an apartment building, the photo of which is posted below, provides access to the territory in its own way.
Main types of fences:
- Fences aimed at restricting access to the site.
- Barriers aimed at ensuring partial restriction of access.
- Fences that restrict access to a specific area.
- Barriers installed to restrict access to a specific building.
Among the access-limiting fences, lawn and decorative barriers stand out.
Lawn barrier
The first of them are represented by decorative low-growing shrubs, due to which a kind of fence is formed. As a rule, the maximum height of such an obstacle is 0.5 m. This type of barrier is used very rarely, since it requires special care, and the fence itself is not capable of providing reliable protection.
Decorative fences are made mainly from corrugated sheets, stone, or can be metal. Due to their low cost and simple installation system, metal structures are the most common. Their height varies from 20 to 200 cm. As a rule, fences with a small height are a limiter only for motor vehicles.
Decorative design
Higher fences, unfortunately, are not yet widespread enough. Most often they can be seen in the courtyards of new buildings, where people with high incomes live. Gates of such designs are equipped with intercoms, and access is controlled by a concierge. This is necessary so that residents of the house can freely enter the territory.
Note! The category that has access to the house includes different services. Therefore, the concierge ensures timely passage of ambulances, gas services, police, fire services, and taxis to the local area.
Structures that partially restrict access include a barrier that prevents the passage of outside vehicles, but not pedestrians. The installation of such an obstacle must be carried out with the full consent of the residents, as well as with the permission of the state architectural and construction inspection.
Barrier
As for partially enclosing structures, their installation is considered targeted, so it does not require approval. Fences for special purposes can reach a height of 0.2-3 m.
Target fences:
- separate the places where garbage cans are installed;
- fence off the parking area;
- fencing the sports ground;
- installed around the area where children play.
Playground
Some people use old car tires as a small fence. This method is very cheap, and the installation process cannot be called labor-intensive. The result is a fence that limits access and decorates the yard.
Utilities may install a barrier on the property that restricts access to certain parts of the structure that may be under repair. Fences blocking the passage to a building are classified as temporary.
Temporary barrier near the building
Do not forget that most of the fences discussed above are installed only after agreement with the relevant services. Unauthorized installation may be followed by demolition and a fine.
Price
The prices of popular options for fencing the local area are shown in the table.
Firm« Fences and enclosures»
According to current legislation, each multi-apartment building has its own adjacent territory. It is designed for the comfort of home residents, the arrangement of sports and children's playgrounds, recreation areas, parking lots and other infrastructure. And if earlier the municipal authorities and developers were in charge of the arrangement issues, today the initiative passes to the apartment owners.
One of the initiatives is installation of fences in the local area to protect from strangers and restrict the passage of vehicles. Below we will consider the legal difficulties in resolving this issue, we will provide useful tips and instructions for action.
Position of the law
According to the law, the local area includes a house, a plot of land around an apartment building, as well as the property located on it. The owners of apartments and commercial real estate in the building act as property owners. A prerequisite for the local area is to comply with the current norms and design rules. A full definition of the term can be found in the Land Code of the Russian Federation (Article 36).
Apartment owners have the right to do the following:
- using the capabilities of the local area and the structures located on it
- installation of fences
- construction of sports and children's playgrounds
- arrangement of parking lots, etc.
Issues related to the local area are considered in the Land Code of the Russian Federation, the Housing Code of the Russian Federation, as well as two Resolutions (of the Plenum of the Russian Federation and the Arbitration Court of the Russian Federation) numbered 16 and 22, respectively.
Methods for fencing a site
According to the law, homeowners in a multi-storey building have the right to take measures aimed at protecting the local area from animals, strangers and foreign cars, as well as vehicles using the road as a bypass.
To avoid the problems discussed above, you can use fences that can have different purposes:
- Complete access denial. There are two types of structures - lawn or stationary. In the first case, bushes are planted, thanks to which access to the territory is limited. The height of vegetation rarely exceeds 50-60 cm. Despite its external beauty, this fencing method is rarely used due to maintenance problems.
In the second case, fences made of stone or metal are used. The finished fence can have a height of up to 200 cm. Profiled sheets are often used, which have an affordable price and are easy to install. The height of the fence is agreed upon at a general meeting, taking into account the residents’ goals. If the goal is to close the area to outside traffic, you can install a fence up to 20-30 cm high.
High fences are rarely installed and are in demand among residents of luxury new buildings. An intercom is installed at the gates of such structures, and the entrance to the building is controlled by a concierge. Its task is to let residents of the house through, as well as other service providers.
- Partial access blocking. A common situation is the installation of a barrier that prevents unauthorized cars from entering the local area. At the same time, people's access is not limited in any way. To install such a limiter, the consent of the residents of the house, as well as approval from emergency services, is required.
- Restriction of access to part of the territory. In order not to fence the entire site, a decision is made to protect the playground, parking lot or other element of infrastructure. A common solution is to install a fence up to 2-3 meters high. Car tires can be used to save money.
- Closing specific objects. Such fences are installed by utility services to restrict people’s access to any structure or area being repaired. Such fences are temporary and are most often made of wood.
Most fences in the local area require official registration and approval. Violation of this rule entails dismantling the structure and administrative liability.
Who has the right to erect fences?
The adjacent territory includes the building itself, the land plot located near it and infrastructure facilities that are necessary to ensure the operation of this structure and the comfort of its residents. The owners of the land plot and property are considered to be the owners of the apartments in the building, therefore the decision to install fences in any shape or form is made only at a general meeting.
The consent of the apartment owners is drawn up in the form of a written protocol indicating the names, signatures, date of the event and other data. The legality of the decision made depends on the number of participants. The higher the percentage of approval, the higher the legitimacy of the protocol. The minimum threshold is 2/3 of the total number of residents. Lack of approval and unauthorized installation of fences is considered illegal.
How to install a fence legally
To avoid negative consequences, demolition and administrative penalties, you must follow the instructions for installing a fence in the local area.
Algorithm of actions:
- Gathering of apartment owners to discuss the issue. After the meeting, minutes are drawn up indicating all participants. People who approve the innovation sign the document. During the meetings, a person is also determined who will contact the authorized structures and coordinate the project.
- Submitting an application for land surveying, protocol and necessary papers to the authorized body.
- Waiting for the results of calculating the area and indicating the boundaries of the storage area.
- Registration of the site in Rosreestr.
This is the first stage that allows you to determine the boundaries of the site and register it as property. In the case of new buildings that were put into operation after 2005, the necessary documents must be available. After processing the request, representatives of Rosreestr issue the following documents:
- cadastral passport and extract with information about turning points
- an act indicating the turning points of the local area.
This documentation is used to determine the location of the fence and to avoid going beyond the legally established area.
Approval issue
Discussion of the issue of installing fences between apartment owners is only the first stage. Restricting free access requires coordination with other authorities, namely the law enforcement agencies of the Ministry of Emergency Situations, the State Traffic Safety Inspectorate, the ambulance service and the department dealing with issues of urban planning and architecture. Obtaining approval from the mentioned structures is inevitable, and especially if we are talking about installing a barrier or a stationary fence. If any of the emergency services refuses approval, the constructed structure may be demolished by order of a judicial authority.
To obtain a positive decision on installing a barrier, the following requirements must be met:
- Installing a security booth next to the fence and hiring personnel to be on duty around the clock.
- Attaching a sign with telephone numbers of citizens who can quickly open the barrier using a remote control or using a key.
As for fencing small areas, for example, a parking lot, playground or other infrastructure, the approval of 67% of apartment owners or more is required. If any of the owners ignored the fees, he will have to comply with the general decision (if the required number of votes was received).
What to do in case of refusal
It is foolish to assume that emergency services will be delighted with the innovation and will immediately give permission to install fencing for the local area. Authorized bodies often take the innovation with hostility and refuse to approve the project. In this case, it is necessary to support the application with official documents from Rosreestr and justify the need to install a particular fence. If emergency services are guaranteed unhindered access to the territory, there will be no problems with approval.
How to challenge an “extra” fence
The installation of unapproved fences or other types of fencing in the local area is prohibited by law. If this rule is violated, apartment owners can protect their own interests.
The algorithm of actions is as follows:
- Determining the legality of an object. To do this, documents are requested confirming the possibility of including the adjacent plot in the cadastral plan. It is necessary to study, in which there should be more than 2/3 votes in favor. If this condition is not met, the design is illegal.
- Resolution of the issue at the meeting. If an illegal building is identified, the apartment owners gather again to decide on further actions - legalization or liquidation.
- If a decision is made to remove the object, an application is submitted to the Administration, which indicates the address and cadastre number and a photo of the barrier. The document specifies the requirement to remove the illegal object.
If a positive decision is made, the structure will be dismantled within a month.
What awaits violators?
Unauthorized installation of fences is illegal. If at the meeting there were no 2/3 votes for the installation of the fence, or the design was not agreed upon by the services mentioned above, violators will face consequences. The reason is obvious. Deviation from the requirements of the law can lead to tragedy. For example, the ambulance will not be able to respond to the call, and the person will die. Or a fire will start in one of the apartments, and the fire brigade will not get to the house to extinguish the fire.
In most cases, the problem is solved by demolishing the illegal structure, but administrative punishment in the form of a fine is possible. In this case, all residents who make an unlawful decision bear responsibility.
Cost of issue and possible difficulties
During the meeting, you need to discuss the costs that are expected when arranging the local area and installing fences. On average, the price of 1 linear meter of fence in 2019 is 1,700-1,900 rubles. The installation of swing gates will require another 35-40 thousand rubles. If you make a sliding structure, it will cost even more - from 55 thousand rubles or more.
When calculating costs, the type of work, the length of the fence, the type of barrier and the number of gates are taken into account. It is also necessary to take into account the employee’s remuneration when organizing round-the-clock duty. Additional costs include installation of an intercom.
After determining the costs, another difficulty arises - trying to raise money for innovation. Apartment owners who refused to install fences do not agree to spend money. There is no provision in the law that would force owners to contribute funds. Even if a person took part financially in the collection, he must be given a key or told the intercom code.
According to the requirements of the Civil Code of the Russian Federation (Article 209), the owner of an apartment has the right to dispose of personal property, and creating obstacles is considered a violation of the law. Owners of commercial establishments based on the first floors of the building may oppose the installation of a fence. It is not beneficial for them to limit the flow of people, because this scares away new customers. In this case, the owner of the store or salon can sue and demand the demolition of the fence. To avoid conflict, you can agree and leave free access to commercial facilities.
Results
Installation of fences is a complex process that requires the approval of 2/3 of the apartment owners, as well as coordination with many emergency services. In addition, before going through all the procedures, it is necessary to register the site. Only if you comply with the law can you be sure that there will be no difficulties during installation and no risk of demolition of the object by a court decision.
Hello, friends. Gone are the days when questions about what the yard of your house will be like were occupied only by developers and municipal authorities. Today, the concept of owner has firmly entered our everyday life. It is clearly reflected in the Housing Code of the Russian Federation. And we are talking not only about ownership of residential premises - houses, apartments, rooms, but also the land plots under them.
A plot of land gives the owner-residents the opportunity to determine what the yard in which they live will be like. Is there a need for a children's playground, parking, or fencing around the local area of an apartment building? The owners answer this question at the general meeting. Moreover, in order for the decision to acquire legal force, the consent of ⅔ of them is necessary.
Who is the owner of the land
Today we will focus on only one concept - fencing. But before we talk about the types of fencing, the rules and procedure for their installation, you need to understand what a land plot in an apartment building is. Explanations on this matter are also given in the Housing Code. It clearly states that the territory of an apartment building is the shared property of the residents.
The standards for the local area are calculated according to SNiP. There is a certain formula for this. When calculating, the area of residential premises, floor, year of commissioning of the house, etc. are taken into account. The area of this plot cannot be less than the area of the house. You can find out what it is in Rosreestr. However, this is possible for residents of those houses in which the land plot is registered.
If we are talking about houses in which registration has not been carried out and, by law, the site belongs to the municipality, the owners can hold a meeting, prepare the necessary package of documents and submit them to the municipality in order to become its owners. And only after that decide what and how will be placed on the site.
Lawn or barrier?
There is no strict regulation of the arrangement of home territory in the law. The owners themselves decide whether and what kind of children's or sports ground will be installed, what kind of fencing is needed, etc. So, what kind of fencing do the residents of the house have the right to choose? It can be:
- lawn, that is, plants or shrubs no more than 50 cm high;
- decorative fences made of metal, wire, wood;
- barriers.
SNiP stipulates how to make fences specifically for each material - how the posts should be secured, at what depth to install fences without shoes, what measures to take when constructing wire fences, how to install them in permafrost conditions, etc.
What if there is a fire...
Despite the fact that permission to install fences is not required, the project must be approved. This is done in the architecture department of the local government. The fire service (EMERCOM), traffic police, ambulance service, public utilities - these are the organizations with which coordination must also be carried out. This is especially true when installing a barrier.
The fact is that these services must be able to freely access the house. If an emergency occurs, utility workers must be able to fix it. If a fire occurs, the fire department has the right to demolish the barrier that is blocking them and will not compensate for the damage. On the contrary, if damage is caused to the car, then the owners will have to fork out money.
By decision of the general meeting, fencing can be installed around the playground, sports playground, and also around the parking lot. It can also be organized by the owners by decision of the general meeting. There must be a two-thirds vote. If someone was absent from the meeting, but a decision was made, he is obliged to carry it out. Where should I go to complain?
In case of disagreement
The organization of the fence is not always received with a bang. Illegal and unauthorized installation by citizens is met with opposition from services whose rights have been violated. In the same way, the unauthorized installation of fences by the management company without the permission of the owners will cause retaliatory actions on their part.
Let's imagine a situation: a fence has been installed in the courtyard of a house, which causes dissatisfaction on one side or another. What to do? First you need to understand whether this structure was installed by law or unauthorized. If by law, you will have to accept this situation. If not, you need to act.
It is necessary to prepare an application to the municipal authorities, supported by a photo. The application must indicate the address and cadastral number, and it must be registered. If everything is done correctly, the decision will be in your favor, and the fence must be dismantled within 30 days.
Listen to the majority and get permission
Today, when the legislation has changed, owners have a real opportunity to make a yard in accordance with their desires and ideas. An elegantly made fence can give it a special coziness. At the same time, it will block access to drunken revelers and other unwanted visitors, as well as stray animals.
The main thing is that these transformations are based on the opinion of 70 percent of residents, are agreed upon with the local administration and do not block the passage of official vehicles. In some new houses today, gates are generally installed, through which it is impossible to get through without a special intercom key.
Do you think such barriers are legal? Which ones, in your opinion, are most suitable in the courtyards of apartment buildings. Did you get answers to your questions from our article? We will be glad to hear your opinion - leave it on our website. See you again!
The norms of domestic legislation provide for the allocation of a special local area adjacent to a multi-apartment residential building. It is necessary to improve the level of comfort and quality of life of apartment owners through the arrangement of sports and children's playgrounds, recreational areas, and parking spaces for vehicles.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
It is quite natural for residents to want to install fencing around the local area of an apartment building in order to prevent damage to the objects installed on it, as well as to increase their safety.
The installation of various types of fencing is permitted by law, but only if all prescribed standards and requirements are observed.
General information
Complete and partial access ban
If it is necessary to ensure a complete ban on access to the local area, they resort to erecting a stone/metal fence or planting a green fence.
The second option looks attractive, but with its help it can actually only prevent unwanted parking near the house, while it does not provide real protection from hooligans and other undesirable persons.
A much higher level of security can be achieved with a high-quality fence made of stone, brick or metal. With a height of about two meters, they almost completely prevent unauthorized persons from entering the local area.
A barrier usually acts as a structure that provides partial prohibition of access to a site. It is intended primarily to prevent the free passage of motor vehicles through the territory.
Before installation, it is imperative to coordinate this with representatives of the emergency services of the area.
How are boundaries formed?
To avoid claims from ordinary citizens and authorized bodies, it is necessary to comply with the legality of forming the boundaries of the local area before installing fences.
The rules provide for the following actions:
- holding a meeting of apartment building residents, during which the consent of the majority of them for the installation of enclosing structures must be obtained, a protocol with the appropriate decision must be drawn up, and a representative must be selected to contact the authorized bodies;
- submitting an application for land surveying along with the minutes of the meeting and all necessary documentation;
- performing area calculations and determination by authorized bodies;
- registration of the territory in Rosreestr.
After implementing all these measures, you can deal with the paperwork directly for installing the fence, which will now be absolutely legal.
How to agree?
In a private courtyard, citizens have almost complete freedom of action regarding the installation of fences on their own territory. Homeowners in apartment buildings do not have such freedom, and decisions regarding the installation of such structures must be made by them collectively, taking into account the opinion of the majority. In addition, urban planning and fire safety regulations must be observed.
In this regard, the first step towards installing a fence around the house is to hold a meeting of homeowners and obtain the consent of the majority of them to install the barrier structure.
The installation of such objects must be agreed with:
- Department of Architecture and Urban Planning;
- police;
- ambulance.
Obtaining approval from all of the above authorities is mandatory, especially when it comes to installing barriers or other structures that impede the free movement of emergency vehicles.
If all norms and requirements are not observed during the construction of barriers, they will most likely be dismantled by court order.
Where to complain about illegal installation?
Owners who are dissatisfied with the installed fence and consider it illegal must submit an application to the local government body with a complaint about the unauthorized fence. It is important to indicate the exact location of the plot and its cadastral number.
For greater efficiency, faster consideration of the application and a positive decision, it is advisable to attach a photo of the illegal object.
After the application is registered, the responsible persons must carry out work to demolish the fence within 30 days.
