Installation of a barrier in the local area law

Is it possible to install a barrier in the yard?

It is possible to install a barrier in the courtyard of an apartment building only if certain conditions are met.

Since an apartment building is located on a plot of land that belongs to the common property of such a house and the owners of the premises have the right of common shared ownership of it, the issue of installing a barrier should be resolved at a general meeting of the owners of the premises.

The decision to introduce entry restrictions must be made by a majority (at least 2/3 of the votes) of the total number of votes of the owners of premises in the house.

Next, the HOA or management company is required to coordinate the installation of the barrier with the local government and obtain a decision.

If the specified conditions are met, it will be possible to install a barrier in the courtyard of the house.

Legislative acts regulating this issue

Is a barrier in the courtyard of a residential building legal or not? Apartment owners have the right to install this device. But they must be based on the rules prescribed in the Housing Code of the Russian Federation, as well as in a number of legal acts.

Based on these legal acts and rules, barriers are installed in courtyards.
The purpose of these devices is to prevent other people's cars from entering the yard. Order a free legal consultation

The procedure for installing a barrier in the yard

Let's look at the procedure for installing a barrier in the yard.

1. It is necessary to convene a general meeting of premises owners and vote on the issue of installing a barrier. The decision to install a barrier will be legal if there is at least 2/3 of the votes for it. At the same time, it is worth deciding on the distribution of costs for installing a barrier
2. Document the decision of the general meeting in the form of minutes
3. Next, you should contact the local government authorities to coordinate the installation of the barrier and obtain the appropriate decision
4. Install a barrier
5. Obtain permission to put the barrier into operation

When installing the barrier, the following must be taken into account:

• the barrier must be installed on the land plot of an apartment building
• there should be no restriction on the entry of house residents into the yard
• the barrier should not interfere with the access of emergency services

Legality of installing a barrier in the local area

Builder 4th category
It is not a luxury, but a necessary security measure, to install a barrier at the entrance to the local area. Such a system will not only be a barrier to third-party cars, but will also provide residents with free parking spaces. The procedure for placing such a barrier must comply with the legality of installing a barrier in the local area.

To understand the legality of placing a barrier, you need to read the legislation

Solving the issue at the legislative level

Article 16 of Federal Law No. 189 states that the adjacent territory can be transferred into the ownership of residents of a multi-storey building. Residents can take care of its improvement, install barriers on it, and use all the facilities located on the site.

If the property is registered correctly, then the housing cooperative can engage in improvement and protection of the territory adjacent to the multi-storey building. It is better to consult an experienced lawyer for advice. This way you can avoid the need to dismantle the installed barrier.

System installation steps

The steps to install the system consist of several important steps. First of all, residents must legalize shared ownership of the adjacent plot in accordance with legal aspects.

To do this you need:

1. Hold a meeting among residents.
2. Vote for the formation of a land plot on which a multi-storey building is built and register it in the cadastre.
3. Send a document reflecting the meeting’s decision to government agencies.

These actions help determine the boundaries and area of ​​the site, and assign it to the owner in the cadastre.

Then you need to hold another meeting at which a decision is made on installing and putting into operation the barrier . A protocol on the decision made is drawn up. A vote is considered positive if at least 70 residents cast their vote. It is advisable to choose a responsible person who would be able to control the operation of the system and would have a key that would allow, if the barrier malfunctions, to turn it off, thereby eliminating the obstacle to entering the yard.

After this, an estimate is drawn up for the installation of a specific barrier model that has the appropriate technical characteristics. This information is also indicated in the protocol. Then an application is submitted to the municipal authorities to install the fence. A protocol with project documentation and permits from the fire inspectorate and the traffic police must be attached to it.

If the application receives a positive response, then installation of the equipment can begin.

Installation rules

They must be adhered to, since violation of even one point may result in dismantling of the structure. There aren't too many rules themselves.

The requirements for barriers are as follows:

1. The system should not impede the passage of all categories of people: from children to disabled people.
2. Emergency vehicles (gas, medical, fire) must be allowed entry without obstacles.
3. The material boom should be made of lightweight material.
4. The device must be equipped with safety elements, for example, a function to block the system if there is any object under the boom.
5. The installation base must be concreted. This ensures reliable operation of the equipment.

Permits

To install a barrier, according to the law, you must prepare a package of relevant papers. First of all, you need a document confirming shared ownership of the territory adjacent to the house.

You also need to have:

1. An extract from the cadastre, which contains information about the land plot.
2. Original minutes of the meeting at which the decision to install the fence was made.
3. Technical documentation for the installed system.
4. Consents for installation issued by the district administration, fire supervision, traffic police and housing and communal services.​

Permits are not required for the construction of a barrier, but it will be necessary to prove the fact that the area adjacent to the multi-storey building is not considered part of the through road.

If the adjacent property does not impede through passage, difficulties with the registration of the barrier installation should not arise, since traffic rules are not violated (Article 15).

Coordination with the fire inspectorate

Before starting installation work, it is advisable to coordinate the installation of a barrier with the fire service. This organization makes the main requirement - ensuring unhindered entry of fire trucks into the site. If this requirement is not met, then the barrier is considered illegal according to fire safety regulations.

Unimpeded entry can be ensured in several ways:

1. Hire security guards who will allow emergency vehicles through.
2. Install a system that outputs a signal to dispatchers, who must work around the clock. Thus, the passage will be open at any hour, as the dispatcher will press the appropriate button.

If the installation of a barrier has not been agreed upon with the fire inspectorate, but the fence is installed, then a fire truck arriving on call can demolish the barrier.

Complaint about illegal barrier

If the barrier is installed illegally, i.e. without carrying out the necessary procedure for its installation, in the absence of the required number of votes of the owners of the premises, then you can file a complaint about the illegal installation of a barrier.

A complaint can be submitted to the following authorities:

• The body that carries out housing supervision previously used the name housing inspection. The specified body will conduct an inspection, including regarding the conduct of the general meeting, its legality, etc. May apply to court to declare the decision of the general meeting invalid
• to local authorities , which will establish whether they approved the installation of the barrier, and will also check the applicant’s arguments that the barrier encloses public areas. Next, the issue of the need to file a lawsuit will be decided.
• to the fire department , which will check for the possibility of passage of special equipment
• to the traffic police if the barrier prevents passage on public roads
• to the prosecutor's office , which has the right to conduct an investigation into violations of laws

In addition to complaints to certain authorities, you can also go to court with a claim to protect your rights.

USEFUL : watch the video on how to draw up complaints or order a ready-made text from our lawyer using the link

We go through the authorities

Installation work can begin only after agreement with the following organizations:

• fire supervision;
• Ministry of Emergency Situations;
• traffic police;
• utility service;
• district administration.

To do this, prepare the following documents:

• an application requesting permission to install a barrier;
• identification document;
• a document confirming the authority of the applicant;
• minutes of the meeting;
• project for installing a barrier and a control room (it must be ordered from a specialized company dealing with security and safety systems);
• diagram for connecting the barrier to power supply facilities (if the barrier will be powered by electricity);
• an extract from the Unified State Register confirming ownership of the local area;
• boundary plan of the yard;
• territory improvement project.

The list of documents may differ in different regions. Check with the administration of your city or district.

As mentioned above, all of the listed services will require unhindered entry into your yard for their cars. This is not a whim, but an important condition, the implementation of which must be taken into account in the project and estimate.

When all permits have been received, enter into an agreement for the installation of a barrier.

How to legalize the installation of a barrier?

The law does not say anything regarding how to legalize an already installed barrier.

You can perform the following actions aimed at legitimizing an existing barrier:

1. First, you should hold a general meeting and find out how many property owners agree with the installed barrier
2. Based on the results of the meeting, draw up a decision that should contain information about the number of votes that agree with the existing barrier, it should be at least 2/3
3. After this, you should contact the local government authorities for approval of the installed barrier and obtain permission to enter

The given algorithm of actions is approximate. In addition, it is worth considering that local authorities may not approve the installed barrier and issue permission to enter it. It may also be necessary to coordinate the installed barrier with other services, for example, the traffic police, fire department, etc.

You can contact local authorities directly regarding the approval of a barrier that already exists and check with them for information.

Protection from greed

Let me remind you that the peak popularity of barriers in Moscow occurred in 2012 and subsequent years - at that time, paid parking was introduced in the city center, which gradually came to remote areas of the capital.
Motorists who did not want to spend money on parking quickly found a way out and began parking in courtyards adjacent to the streets. It is not difficult to guess that the local residents did not like this neighborhood - their yards quickly turned into a transit zone, where cars drove in circles one after another in search of free space. Not only does this not add comfort and tranquility, but it also raises serious questions in terms of safety - would you let your child go into the yard where cars are constantly driving? Not to mention the fact that thrifty motorists began to drive their iron horses onto playgrounds, lawns, and sidewalks.

Residents of remote areas of Moscow are also actively installing barriers

“Paid parking appeared on our street near the Novoslobodskaya metro station several years ago,” says Muscovite Elena Titova, who lives on Tikhvinskaya Street. “And first of all, I was faced with the following problem: on weekdays it became impossible to park in my yard, although previously this situation was typical on weekends. I quickly understood the reason - workers from nearby offices abandon their cars with us and go to work for the whole day.

The most reliable protection against such an invasion are barriers - thanks to them, only people of their own can enter the yard. However, residents of the center appreciated all the delights of closed courtyards even before the advent of paid parking - barriers and even entire fences around high-rise buildings in the Central Administrative District began to grow back in the 2000s. Near train stations and other places with large crowds of people, this also saved us from unwanted walking guests looking for a place to sleep or even a toilet.

Rules for using the barrier

The rules for using the barrier must include information about the procedure for entering and exiting the territory, how the devices open and close, etc.

Residents of the house should be able to freely enter the yard around the clock; for this, the barrier can be opened by dialing a phone number or code, or from the remote control.

It should be possible for special services, such as firefighters, to enter the building.

Residents who do not travel by car must have free access to the courtyard of the house.

The procedure for financing the barrier and other rules for using the barrier may be determined.

Official website of the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation made an interesting decision after reading the materials of the case of a resident of an apartment cooperative building, whose neighbors forbade her to park her personal car in the yard.

It is known that the courtyards of apartment buildings in almost all large cities have been closed to the vehicles of unauthorized citizens for several years now. Unlike the cars of residents, who can drive in and leave their cars under the windows of their apartments.

When courtyards began to be en masse closed off from outside cars, many had hope that now citizens registered in their homes would not have any disputes or conflicts in their courtyards with vehicles.

However, hopes were quickly dashed. Instead of some problems, others arose. Now residents have begun to conflict with each other over parking.

In our case, this is what happened - the lady, according to neighboring car owners, parked incorrectly in the yard. Therefore, they decided to prohibit the lady from entering the yard at all. This is exactly the decision made by the general meeting of car owners of an apartment building. In response, the car lady went to court and demanded that she be provided with unhindered passage.

In court it turned out that the barrier at the entrance to the courtyard of the house was installed legally. There is a parking lot in the yard. To get a space there, the car owner must submit an application to the housing cooperative, attach a copy of the documents for the car, pay fees for the equipment of parking spaces, receive an entry pass and a key fob for the barrier. Who was allowed to drive into the yard and park, and who was not, was decided by a general meeting of car owners at home.

Our plaintiff legally has an apartment in this building, is registered and lives there with her family. She, like everyone else, was given the coveted keychain and shown a place for the car. And two years later, at a meeting, the neighbors decided to deprive the lady of a parking space inside the yard. The reason was written down in the protocol as follows: “for violation of parking rules and entry rules.” They also decided to take away the key fob from the neighbor and return her parking fee. The lady, deprived of her keychain, went to court.

She lost the first trial. His decision states that “there was no evidence of the defendant’s obstruction of access to the plaintiff’s home. And the restriction on the use of parking was established by a decision of the general meeting of car owners.” The appeal agreed with this verdict. But the Supreme Court of the Russian Federation is not. In his opinion, the conclusion of his colleagues “does not comply with the requirements of the law.”

Here are the arguments of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. First, the Supreme Court cited the Civil Code (Article 262) - a person has the right to walk freely on state and municipal land if there are no restrictions prescribed by law. And, although the land under this apartment building was not registered as the property of the housing cooperative, in any case, according to the law, citizens have the right to demand “elimination of violations of their rights.”

Then the high court switched to the Housing Code and cited several of its articles at once. In particular, Article 37 states that it is prohibited to allocate in kind shares in the ownership of common property in an apartment building. And the general conclusion is that the owner of an apartment in a house has an “unconditional and inalienable” right to use the common property in the house. And in addition to what has been said - “any methods of restricting or depriving the owner of the premises of such a right are not provided for by the current legislation.”

The court had many facts that the plaintiff was prevented from entering the yard. Starting from an extract from the protocol - to exclude the parking violator from entering the yard - to the return of her money for the improvement of the parking lot. This amount was transferred to the plaintiff’s personal account.

The Supreme Court emphasized that it did not take into account the district court, which rejected the citizen. The first instance referred to the resolution of the city government and the general meeting of residents, which stated the rules for entry and parking in the yard. To this, the Supreme Court noted that this resolution of the city government does not say anything about the procedure for creating and using parking spaces in the local area or about “imposing any restrictions on the right” of the plaintiff, as the owner of the premises in this house, and for the use of the local area .

The owner of the apartment has the “unconditional and inalienable” right to use the common property in the house. Including a parking space

Another interesting point is that the plaintiff’s right to unhindered entry into her yard is enshrined in the minutes of the general meeting of residents. A meeting of car owners at home deprived the citizen of her right to park. For some reason, the local court did not pay attention to this and agreed with the restriction of the owner’s rights. The Supreme Court therefore recalled its plenum (No. 25 of June 23, 2015). It explained what is meant by a decision of a meeting of citizens - this is a decision of the civil law community, that is, “a certain group of persons empowered to make decisions at meetings.” From all the listed norms, the Supreme Court draws the following conclusion. One of the mandatory conditions for recognizing the decision of an assembly as the basis for the emergence or termination of civil rights and obligations is the presence in the law of an indication of the civil consequences for everyone affected by the assembly. There is a list of governing bodies of the cooperative. It is given in the Housing Code and is considered comprehensive. There is no general meeting of car owners on this list. Therefore, the decision of such a meeting cannot have any civil consequences for the tenant, and it is not provided for by law.

The Supreme Court ordered local courts to reconsider the dispute taking into account its clarifications.

Text: Natalia Kozlova

Rossiyskaya Gazeta - Federal Issue No. 53 (7811)

How to avoid paying for a barrier in the yard?

When voting for the installation of a barrier, one of the residents of the house may not agree with this and, accordingly, will not want to bear the costs of such a fencing device.

How to avoid paying for a barrier in your yard? The answer to this question is not simple. It all depends on the basis on which payment is required from you, whether there is an official document for payment, etc.

Some publications advise simply not to pay for the barrier. You ask: “Then they will restrict my entry into the yard, so what?” In a similar situation, the Supreme Court of the Russian Federation stated that this is illegal, since a person cannot have limited access to common property, which includes, among other things, the territory of the yard.

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Various types of automatic barriers

Today, in order to control the entry of vehicles into a closed area, special devices called barriers are installed. They are made mainly in Italy, which is considered a leader in the production of barriers. The most popular are automatic barriers.

Example of a typical automatic barrier design

Such devices installed instead of gates have certain advantages:

• remote control,
• high reliability due to a very durable housing,
• the design details are not influenced by the environment,
• light weight,
• the boom is made of very durable aluminum,
• there are reflective stickers,
• you can fix the boom in a certain position,
• intensive functioning,
• work at a wide temperature range,
• additional mechanisms can be connected,

The structure and name of all elements of the automatic barrier

Types of barriers

There are barriers made in Russia and imported, they are divided into electromechanical, automatic and hydraulic. All types of barriers consist of several parts: stand, motor, boom, control unit.

Easy maintenance, high speed and compactness have made it possible to replace the gates that have become so familiar everywhere. Such characteristics made it possible to quickly control automatic barriers. It must be said that the price of such devices is quite affordable for any enterprise or private entrepreneur. Therefore, buying automatic barriers today will not be difficult, but making a barrier with your own hands will not be very difficult.

Each group of such barriers differs in price and principle of operation.

Parts of electromechanical barriers: motor, gearbox, balancer.

Design diagram of barrier elements

Automatic barrier control

The presence of a large amount of automation in the electromechanical barrier made it possible to create complete remote control of various types:

• button,
• card,
• entering the code,
• radio key fob.

The price of such a barrier, which replaced the gate, is slightly higher than other similar systems. But if you buy such a device, you can solve many maintenance problems at once. There is no need for a guard at the gate, no need to constantly raise the boom and control incoming vehicles. Automation will be an excellent replacement for humans.

Electromechanical barrier

Today, the electromechanical barrier is considered the most common and in demand.

Option for installing an electromechanical barrier

The electromechanical barrier has excellent performance characteristics and can operate in the most severe climatic conditions.

This type of barrier is considered the most practical. You can buy it by filling out an application in the online store.

Hydraulic barriers

These mechanisms have several very important parameters:

• wear resistance,
• huge resource,
• noiselessness.

The operation of such barriers can be carried out in continuous mode, the utilization rate reaches 100%. Such gate replacements are used at various facilities with high traffic volumes.

Design and arrangement of a hydraulic barrier

• in the parking lots of large shopping centers,
• when entering the closed territory of administrative institutions,
• in station parking lots,
• at airports.

For a country house, you can buy a household barrier, hydraulic type. It is distinguished by its smooth running and noiselessness. Such a barrier will successfully replace gates that open manually.

Automatic barriers, CAME GARD brand

This type of barrier was designed by the Italian company CAME. He became the most prominent representative of this type.

Construction drawing of CAME GARD brand barriers

The GARD barrier is usually installed in places where the passage width does not exceed 4 meters. This type of barrier is manufactured in two types, depending on the position of the boom - right-handed and left-handed. GARD has several motors that can be powered by different power sources.

With direct current, a power supply operating at 24 volts is used. You can also connect a battery, which can be installed in a special niche.

If there is a sudden power outage, the barrier arm can be operated manually, and there will be no need to open the housing, since the unlocking mechanism is located outside. The Gard barrier is equipped with an arrow of different sections. It can be round or rectangular. Such an arrow is most often installed in areas where strong winds constantly blow.

An example of a round came gard barrier

The GARD barrier is equipped with an electromechanical drive, thanks to which the barrier can be operated at particularly low temperatures. Its body, two millimeters thick, is made of galvanically anodized steel. In some cases, GARD is equipped with a housing made of stainless steel. This saves it from corrosion. It can withstand rain, snow and fog. This barrier is perfect for the Russian climate, where the temperature difference over the course of one year is very large. Those who want to have a reliable and high-quality device can be advised to buy such a barrier. It will perform its functional duties for a long time without any repairs.

Automatic barrier Nice

The Nice automatic barrier is used where the passage width is less than 3.5 meters. The main advantage of the device is the use of low-voltage electrical power. The engine runs on 24 volts, which makes installation and further operation safe. For continuous operation of the barrier, an additional emergency battery is installed.

Repair of automatic barriers

When you want to buy a barrier, the first question is whether it can be repaired. After all, device maintenance and repair is of great importance. Such devices begin to fail when they are not used correctly and annual diagnostics are not carried out. Additional loads that an automatic barrier cannot handle also lead to breakdowns. Naturally, sometimes a person is to blame for the failure of a barrier. For example, the car hit the boom. Very rarely, a barrier breakdown is associated with a hidden defect; this can only be determined after the barrier has been in operation for a long time.

Failures are also caused by incorrect installation of the automatic barrier. In most cases, breakdowns of all brands of barriers are approximately the same. Here are some of them:

• the barrier does not respond to the remote control,
• the boom opens spontaneously,
• the boom closes when the command has not yet been given,
• photocells have failed,
• there is an oil leak, the boom is not able to rise even 50%,
• the boom does not move when the remote control is working,
• after turning on the automatic mode, the boom does not work,
• when closing, the boom falls forcefully onto the stand,
• after replacing the pipes, the barrier stopped working,
• high vibration of the stand.

It is not always possible to fix such breakdowns with your own hands. This kind of work requires the intervention of professionals. Only they have special adjustment equipment to set up the normal operation of the device.

Installation features of modern models

Our company installs both basic barrier structures and individual solutions with advanced functionality of varying complexity. The list of functions of such a system may include the following options:

• Call panel near the barrier for communication with the dispatcher.
• Opening a passage using a mobile application, remote control, key card, GSM module, reading car license plates, RFID transpoder, or manually by a dispatcher.
• Personal account of the house manager (responsible person) with the ability to edit the list of users, view statistics and control the movement of vehicles.

To find out more details and install a barrier in the yard of your residential building, contact our managers. Specialists will answer any questions you may have and help you complete your application.

Conduct land surveying

The territory that you want to fence must be demarcated in accordance with current Russian legislation and have a cadastral number. In general, it is better if the land in an apartment building is registered as the property of the residents. If the land is not demarcated, municipal authorities can dismantle the barrier as soon as necessary, for example, when laying communications.

Land surveying is a rather lengthy and expensive procedure. The owners carry it out at their own expense. But if the barrier is installed on municipal land and without the appropriate documents, the municipality also has every right to eliminate the illegal construction.

How to register the land under a house as common property?

What is the difference between a management company and a service company?