SNP norms of the local area

Purchasing real estate in an apartment building gives the owner rights not only to living space, but also to common property (elevator, landing, etc.), as well as to the adjacent territory.

Attention

The scale of the local area is determined by the local land management committee in accordance with urban planning documents. The Land Code allows the territory to be transferred for permanent use to an organization, provided that landscaping is carried out. If home owners decide to create a property association, they will be able to privatize land space free of charge and organize care for the local area of ​​an apartment building in accordance with personal preferences.

Normative base

In accordance with current legislation, the space on which an apartment building is located is the common property of the homeowners, but provided that the adjacent territory has an established boundary and is registered in the cadastral register before March 1, 2005. Decisions regarding real estate and yard are the responsibility of citizens.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

The rules for the operation of the adjacent land area of ​​an apartment building and the rules governing the interaction of owners are contained in the following legislative documents:

1. The Constitution of the Russian Federation guarantees the right to environmental safety.
2. The Housing Code reflects the procedure for exploitation of common land.
3. The tax code is required to calculate tax.
4. Federal Law No. 78 “On Land Management”, adopted in June 2001, talks about land surveying.
5. Federal Law No. 221 “On Cadastral Activities,” which was approved in July 2007, reveals the procedure for privatization.

Please note:
In order to prevent negligence on the part of the management company or other organization, owners of apartments in multi-storey buildings should be familiar with their rights.

Who owns the adjacent territory of an apartment building?

Typically, the entire plot of land on which a building designed for a large number of owners is located is the property of the residents. You can find out who owns the adjacent territory of an apartment building from the management company, cadastral chamber, multifunctional center or HOA.

If the local area is municipal, then residents of an apartment building can use it in accordance with an agreement that includes information about the powers of the parties, the procedure for ownership, the possibility of renting, etc.

Additional Information

Residents who have registered shared ownership of a land plot do not have to worry that a grocery store, parking lot will be opened on the common area, or a new residential building will begin to be built. Such actions are possible only with the written consent of the property owners.

Standards of organization and service

Paragraph No. 491 defines the main objects that can and should be located on the local area:

• the land where the object itself was built;
• landscaping elements (landscaping, leisure, physical education, etc.);
• fire passages;
• heat supply points;
• transformer substations;
• other objects necessary for the normal maintenance and operation of an apartment building.

When distributing usable space, the main source of data on the actual area of ​​the local area should be considered the cadastral passport. It is there that all the boundaries are clearly marked.

Homeowners can organize a house committee to manage the site and conduct related affairs. They also have the right to entrust the management of the common area to a homeowners association (HOA), management company, special non-profit organization, etc.

This is important to know: Federal Law 159 of December 21, 1996 on additional guarantees

Regardless of who is involved in the formation, improvement and distribution of the adjacent territory of an apartment building, all obligations established by law must be covered and observed. Any change, including the installation of additional benches or another children's swing, as well as the demolition of one of the objects, must be documented and indicated in the cadastral passport.

What is considered landscaping of the local area?

Improvement of the local area of ​​an apartment building adjacent to the building includes:

• installation of playgrounds, sandboxes and other similar facilities;
• installation and repair of sidewalks;
• maintaining an attractive lawn;
• leaf cleaning;
• planting flowers, trees, shrubs and their subsequent care.

Attention
The list contains the main types of work, but is not exhaustive. Violators of the rules for landscaping the local area of ​​an apartment building may be subject to administrative liability.

The adjacent space is the common property of the residents of the apartment building. In many cities, local authorities organize events aimed at improving homes. Support can be expressed in kind (seedlings, children's playground) or in monetary terms.

Residents independently make decisions about concluding an agreement with the management company, about organizing a homeowners association, as well as options for improving the existing space adjacent to the apartment building: installing a playground, planting a flower bed, erecting a fence, etc.

Who should landscape the local area of ​​an apartment building?

Housing Code, namely, Art. 36 states that the land plot on which the dwelling is located, as well as landscaping and landscaping facilities that require regular maintenance and upkeep, are the common property of the property owners. The size of the plot is determined taking into account the requirements set out in the Land and Town Planning Codes.

Decree of the Government of the Russian Federation No. 491, adopted on August 13, 2006, states that common property includes the care of landscaping and improvement facilities, the location of which is a plot that is part of the common property.

IMPORTANT

Depending on the decision made at a collective meeting, the maintenance and improvement of the local area of ​​an apartment building can be entrusted to a management company or a homeowners’ association.

What is included in the area around an apartment building?

According to the Housing Code of the Russian Federation, it may include the following infrastructure facilities:

1. the plot of land on which the house is built;
2. green areas and other landscaping and landscaping elements;
3. children's and sports grounds;
4. places for parking and collective parking of vehicles;
5. equipped places for drying clothes;
6. electrical substations and transformers;
7. individual garages and cellars, as well as special passages for fire equipment.

All of the above objects must be located within the local area.

How is landscaping usually done?

Permitted types of activities for landscaping adjacent areas include:

• arranging flower beds, lawns, planting low-growing shrubs and caring for them;
• production of iron fences for green areas;
• arrangement of balconies with boxes of flowers (they must correspond to the design of the house;
• installation of additional fasteners is possible only with permission).

When carrying out landscaping, the following are prohibited:

1. landing;
2. transfer;
3. cutting and crowning of perennial trees, as well as dead wood.

Landscaping work in areas that are in shared ownership is carried out with the money of the share owners.

What are the features of landscaping?

In addition to landscaping work, the improvement of local areas includes the arrangement of children's and sports grounds , the installation of fences, snow and garbage removal and other work. At the same time, you should know that the placement of children's and sports grounds should be done as close as possible to the house itself , but at the same time it should not interfere with the free passage of cars, and also not block passages for firefighting and other special equipment.

The following types of fences may be erected in the local area:

• green hedge up to one and a half meters high;
• decorative fences made of iron, stone or wood;
• as well as the installation of barriers to partially restrict passage.

In addition, it is allowed to install continuous fences around playgrounds , waste storage areas and other target objects, as well as the installation of temporary fences during construction work.

How wide is the passage?

The width of the main road for the passage of motor vehicles inside the local area should be 3 meters, and alleys and secondary roads should have a width of 2.75 meters.

But it should be taken into account that there must also be special passages for fire extinguishing vehicles. According to SNiP, their width directly depends on the height of the building. At the same time, their minimum width must be at least 6 meters, and their maximum - no more than 16 meters.

In some cases, it is permissible to count their width together with the sidewalk adjacent to the entrance. In addition, if the road in the local area ends in a dead end, then there must be a turning area for special fire equipment with dimensions of at least 15 meters X 15 meters.

Parking cars in driveways or blocking them for a long time is strictly prohibited.

This is important to know: Fine for landscaping the area in front of the house

Guided by the rules described above, residents of any house can carry out landscaping and construction of permitted objects in their local area.

It is worth knowing that such decisions must be made collectively by the council of residents, and for the construction of large objects or landscaping with the help of trees, you must obtain permission from the local government.

The boundaries of the site are determined by an extract from the cadastral register, where all owners will be indicated in detail, as well as the boundaries of the territory.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

Who pays?

According to the Supreme Court of Russia, payment for the improvement of the adjacent space of an apartment building that has undergone state cadastral registration is the responsibility of the apartment owners.

The Housing Code states that homeowners must maintain and maintain common property. Consequently, if citizens, by signing an agreement, have transferred powers to a management company or other service company, they must pay a certain amount monthly for the fact that their duties are performed by other people.

Additional Information

The most questions are raised by multi-apartment buildings built before 2005, since they were not included in the state cadastral registration. It turns out that, on the one hand, the land is municipal, and on the other, the property owners jointly own the local area. Management companies continue to add bills for improvement of even an undeveloped site. According to the Arbitration Courts, the behavior of service organizations is legal and reasonable.

Land registration

The legislation establishes 2 main options for registering the land under a house as your own. And they depend on the year when the house was put into operation. Residents of houses built before 2005 are advised to allocate their share of the plot and register it with the state. This must be done if the plot was not initially formed when the citizen received the apartment.

The second option was used after the new Housing Legislation came into force in 2005. Based on it, all land is divided into equal shares, and all owners are its common owners.

Accordingly, land registration was carried out by the developer when the building was put into operation. And when signing an agreement on the transfer of ownership of the apartment, the right of shared ownership of the plot of land located under the constructed house is transferred.

This is important to know: Consent of neighbors for an extension to the house: sample

Rules for landscaping the local area of ​​MKD

Current legislation requires that residents of apartment buildings adhere to the following rules for landscaping the local area of ​​an apartment building:

1. Benches, playgrounds and other objects were painted in a modern manner.
2. Waste containers were installed.
3. They cleaned up the trash.
4. The adjacent land area was cleared of snow and ice.
5. Organized the drainage of water formed as a result of precipitation.
6. They created playgrounds and looked after them.
7. Green spaces were planted.
8. A parking lot has been installed.

However, we must not forget about the following restrictions:

• it is not allowed to increase parking for cars by reducing the area of ​​green spaces;
• garbage containers can only be placed on hard surfaces in strictly designated areas;
• It is prohibited to organize car washes, car repair shops, cafes, kiosks and other retail outlets in the local area;
• industrial buildings and paid parking lots cannot be located in the courtyard of an apartment building.

If residents decide to install a fence, they must remember that it cannot be made continuous or higher than 60 cm.

Improvement of the common area

Improvement of a common area is an important issue that should be approached with all responsibility. It is worth noting that the residents themselves should be responsible for landscaping the local area. And this must be done with great love, since it determines how the entire territory will look.

The first and most important thing to do is cleaning the surrounding land. This also includes garbage removal and snow removal in winter.

The next stage, which includes landscaping the territory, is its landscaping. Many people want to have a lot of trees in their yard, but they should be planted so as not to interfere with the passage of cars and other objects.

It is important to decorate the area to create flower beds. Fortunately, there are now many landscape design options that allow you to change and decorate any place beyond recognition. Everything depends only on financial capabilities and imagination.

We should not forget about the children's and sports grounds. Their improvement should be carried out in such a way that being here is not only interesting, but comfortable and safe.

Slides, swings and other attractions for children should be repainted on time. If there is a solid wall that encloses the house, then you can draw various characters from fairy tales and cartoons on it, put small tables and chairs for children, as well as a sandbox.

When carrying out landscaping, special attention should be paid to the fencing of the area near the apartment building. It is desirable that it be metal, without sharp protrusions and corners, and have sufficient height.

In the future, you need to monitor the painting of the fence and repair it in time if it is broken. And another important point is the installation and later painting of benches and trash cans.

High-quality implementation of the above-described points of arrangement of the local area in the interests of residents. After all, timely garbage removal and cleaning of the area will ensure cleanliness, and snow removal in winter will avoid large snowdrifts.

A good, high-quality fence will protect children from cars and other unpleasant situations. Beautiful flower beds will create a feeling of comfort and coziness. It is worth noting that this is not easy work. The area near the house needs constant support, investment of finances, labor and time of the residents themselves.

Standards and elements for landscaping courtyard areas

Building codes and regulations allow residents to “populate” the local area of ​​an apartment building with the following elements and structures:

• pedestrian sidewalks;
• flower beds;
• trees and shrubs;
• areas for children's games and sports activities;
• buildings for economic purposes;
• areas for walking animals.

The standards relating to the improvement of the local area are reflected in SNIP. The yard area in a multi-apartment residential building is influenced by various factors - the number of storeys of the building, the number of apartments, as well as the year in which the building was put into operation.

For your information

As part of the improvement, residents are required to implement the following actions: maintain order in common areas and parking lots, plant landscaping in the area, install trash cans, equip playgrounds, carry out necessary routine repairs, etc.

Fencing the local area

Fencing a land plot relates to the improvement of an apartment building, but when constructing it, you should remember some restrictions:

• the fence should not create obstacles to the passage or access to the building by repair crews, electrical network personnel, etc.;
• the courtyard cannot be completely closed, as it may be the only way of passage for residents of neighboring houses;
• The playground and parking lot can be fenced either partially or completely.

If, at a meeting, residents come to a consensus regarding the installation of metal barriers that do not allow the owners of neighboring residential premises to park, they should remember that it is prohibited to block the entry of emergency services.

Cleaning the local area

Cleaning the common land space adjacent to an apartment building is the responsibility of:

• the management company that signed the agreement;
• apartment owners who have entered into an agreement with the service organization;
• An HOA that has contacted a company that provides the relevant services or has hired the necessary workers.

Cleaning of the adjacent land must be carried out in accordance with certain standards:

• order in the garden, on the sidewalk or on the road requires the involvement of a special service;
• an element that is inaccessible to technology must be processed manually;
• During clearing, snow can be dumped onto a strip served by a snowplow;
• the place where equipment exits or enters the sidewalk must be equipped with a special ramp;
• yard tools and equipment can be stored at certain sites;
• the cleaning period is determined by self-government bodies;
• in winter, the surrounding area should be sprinkled with sand;
• the movement of harvesting equipment during the day is limited to a speed limit of 4 km/h.

The scale of work carried out in winter and summer directly depends on the area and materials used to cover the territory.

For your information

Garbage containers with a capacity of at least 100 liters must be installed for waste.

landscaping

Planting green spaces as part of landscaping the local area of ​​an apartment building is necessary to ensure a harmonious appearance of the local area and improve the health of citizens. Landscaping is usually done by the residents of the house and may include arranging lawns, planting trees and shrubs, organizing flower beds, etc.

Attention

Tree cutting and sanitization must be carried out by the municipality.

Arrangement of children's playgrounds

Standards and rules that should be followed when installing a playground for the development and recreation of children:

• a structure located at a distance from the ground must be equipped with an anti-slip coating;
• when calculating the height of the steps, the age group of visitors should be taken into account;
• sharp edges and corners are prohibited;
• You cannot install slides that are not equipped with railings;
• the distance between the ground and the swing should not exceed 40 cm.

IMPORTANT
Compliance with the specified rules for landscaping the local area of ​​an apartment building is directly related to the safety of children.

Asphalting

Who is responsible for restoring the road surface in the local area? Municipality, management company or chairman of the HOA. The last 2 options require opening an internal account to which residents will transfer funds for repairs. Apartment owners are required to get together and discuss their intentions so that opponents can speak out immediately, and not after the receipt arrives.

Accumulation of the required amount allows an authorized person from the management company or partnership to find a team of workers capable of completing the required volume. The duration of road surface restoration varies from 3 to 7 days. It all depends on the area and complexity of the landscape.

Parking

Property owners in apartment buildings often suffer from a lack of parking spaces. Nobody forbids organizing a parking lot for residents, the main thing is that this does not create additional difficulties for pedestrians and other motorists. Home parking must meet the following rules:

• the distance between the car and the windows cannot be less than 10 m;
• parking for 10 units requires a minimum distance of 15 m;
• capacity of more than 100 cars, requires the preparation of design documentation;
• if the height of a residential multi-apartment building exceeds 28 m, then the parking lot must be equipped with 2 or more exits.

Please note:
Every parking lot should have spaces for people with disabilities who cannot move without a wheelchair. In this case, the optimal parking width is 3.5 m.

Current legislation requires that decisions regarding the improvement of the local area of ​​an apartment building be made only through a general vote. The procedure can take place both in person and in absentia. Allowing violations can result in legal proceedings.

Federal program for improvement of local areas

The federal program “Our Yard” started in December 2016. The main goal is the improvement of Russian cities. The event includes many types of work, for the implementation of which the state has allocated about 20 billion rubles.

The federal program for improvement of the local area of ​​an apartment building consists of 2 parts:

1. Mandatory. For apartment owners who become participants, the state provides funds for asphalt paving, installation of trash bins and benches, as well as for installation work related to lighting.
2. Additional. Residents can agree on joint financing (3% of the total estimate) or take direct part in the arrangement of a children's or sports ground, installation or repair of existing fencing in the local area, as well as the organization of parking spaces.

The work will be entrusted to institutions approved by the municipality. The initial duration of the program is 5 years. The authorities believe that this time is enough to improve the majority of cities.

Joining the program requires following the following sequence of actions:

1. Convening residents of an apartment building for a general meeting.
2. Discussion of the list of upcoming works.
3. Coordination of a plan for landscaping the local area.
4. Drawing up an application with subsequent submission to the local government body.

Distribution of budget funds is one of the most difficult stages of implementing the plan. Russia has 85 regions, the size and number of local areas varies greatly, and remote areas are often in greater need of improvement than courtyards in the capital.

Use of the local area

It is important to understand that the common area is an indivisible unit. Therefore, it is impossible to give any part of it to one or more tenants. In other words, it is impossible for the owner of a separate apartment to sell or rent out his part of the plot.

The decision to use the territory located near an apartment building can be made exclusively at a meeting of residents. In this case, it is enough for 50% of residents to take part in it. The competence of such a meeting includes, among other things, the distribution of profits received from the local area.

Also at the meeting of residents the following decisions are made:

• build and repair playgrounds for children;
• cut down old trees;
• green the area;
• build additional parking spaces.

Advertising and banners may be placed on common land. Also, if the owners express their desire, the territory is rented out. The income that residents receive from renting out the land can be used for the needs of the house or for landscaping the area.

Residents can also request payment from shops, pharmacies, hairdressers and other offices located on the ground floor of a high-rise building and rent premises there. If the tenants' rights are violated, the lease agreement is terminated.

Residents cannot restrict access to the common area if this concerns the maintenance of utilities or other development of the site.

Complaint about landscaping of local area

The improvement of the adjacent space of an apartment building is the responsibility of the management company that has entered into an agreement with the residents or the homeowners’ association. Organizations must respond as quickly as possible to complaints about rickety swings, cracked paving slabs, or scattered trash. Contact information for the management company, as well as the chairman and active group of the HOA, should be located in places accessible to all homeowners in an apartment building.

In response to grievances being ignored, citizens can resort to the following measures:

1. Draw up a collective complaint and submit it to the housing inspectorate or Rospotrebnadzor. The text of the complaint should reflect the main shortcomings in the work of the utility service.
2. Contact the prosecutor's office or court if the previous option failed to achieve a result.

Please note:
It is advisable to confirm the information contained in the complaint with photo and video materials. The text of the appeal must contain information about the house number.

An individual or legal entity that commits a violation faces administrative liability.

Landscaping nuances

When performing work aimed at improving the area adjacent to an apartment building, you should remember the following nuances:

1. Any event that damages landscaping, road surfaces, lighting, fencing, or damages an existing children's or sports ground is subject to administrative liability and the obligation to compensate for the damage caused.
2. The amount of the initial fine for an individual is 2-3 thousand rubles, for an organization or individual entrepreneur - 15-600 thousand rubles.
3. Repeated violation is punishable by a fine of 3 to 5 thousand rubles if we are talking about a citizen and from 100 to 1000 thousand rubles if we are talking about a legal entity.

Privatization is an important point. Many entrepreneurs and organizations illegally use the adjacent areas of apartment buildings, placing their retail outlets in places where there should be playgrounds or green spaces. If the apartment owners promptly took care of the privatization of the local area, then the businessman will have to remove the buildings necessary for commercial events.

In addition, privatization clearly defines the boundaries, which makes it possible to analyze the sanitary work being carried out, as well as determine their clear cost. As a result, residents can find out why they transfer funds to utility companies on a monthly basis, and also insure themselves in case of a fire, household gas explosion, collapse, etc.

Comments Showing 0 of 0