Every person wants not only the apartment, but also the environment to be comfortable and bring aesthetic pleasure. Therefore, more and more often, residents of apartment buildings (MCDs) are trying to improve their yard, in which they can spend time with pleasure, feel calm and safe. The article will reveal the nuances of landscaping the adjacent space and provide useful information about the possibility of improving a plot of land at the entrance using funds through special programs.
What is considered landscaping of the local area?
According to the rules for landscaping the local area of a multi-storey residential building, homeowners can and are required to carry out the following activities:
- plant green spaces (trees can be cut down only with the permission of the relevant organizations), care for the lawn and flower beds;
- remove fallen leaves, snow, provide drainage;
- repair sidewalks, asphalt roads;
- arrange passages, pedestrian zones and areas for recreation and sports;
- install objects for utilitarian and aesthetic purposes, fences around functional areas and along the perimeter of the yard;
- allocate and maintain parking spaces;
- install lamps (optional - video surveillance).
The improvement of courtyard areas also includes repairs: current (correcting defects in the road surface, straightening fences, benches, equipping children's and sports grounds) and major (landscaping, paving new roads, building fences and other structures).
General information
The improvement of the local area worries residents no less than the order in their own apartment. It is much nicer to see a green lawn and clean benches than piles of uncollected garbage. If problems arise with the maintenance of the area near the house, the question of responsibility for order arises. Let's take a closer look at the concept of the local area and the features of caring for it.
There is no clear definition of this concept in the legislation. The Housing Code of the Russian Federation establishes the right of all residents to common use of the site on which the house is located, since by law the land under the building is inseparable from the building itself. Thus, the adjacent territory is understood as a land plot associated with a house with objects located on it necessary for the improvement of the house and green spaces. For a private house, a plot of local area is determined according to documents confirming the ownership of real estate, and the owner can dispose of it at will.
The adjacent territory of an apartment building includes:
- area under the house;
- playgrounds;
- parking area;
- green spaces;
- sports ground;
- transformer booths;
- laundry dryer;
- heat shields;
- waste collection areas;
- areas for emergency services.
The law does not establish an exact standard for the territory near a house, since each area and building is individual in nature . When determining the area, the following factors are taken into account:
- number of floors of the house;
- service life of the building;
- building density;
- the share of land for each square meter of living space.
The importance of landscaping and decoration
The landscaping procedure is regulated by Regulation No. 170 of the Federal Agency for Construction and Housing and Communal Services.
Landscaping the area around the house is not only aesthetic. Green spaces act as noise absorbers and protect from dust and wind currents. Near the house there are lawns, compact groups of shrubs, small single trees, flower beds and flower beds. At the same time, trees cannot be planted at a distance closer than 5 meters from the building, and shrubs - closer than 1.5 meters.
Planting vegetation that causes allergies and shrubs with poisonous fruits is also prohibited.
Landscaping of the local area should be done by homeowners. In addition to the standard set of landscaping measures, at the discretion of residents, areas for individual use can be allocated.
In case of emergency tree cutting and sanitary cleaning, the municipality is involved in the work.
Who should improve the local area of an apartment building?
Responsibilities for landscaping the local area include:
- Homeowners' Associations. It includes owners of apartments and premises rented in the house. The land plot on which the house is built is in their shared ownership. To carry out landscape work, we use our own labor resources, hire workers, or enter into an agreement with a repair and construction organization. Expenses are paid from contributions from members of the partnership.
- Management company (MC). The organization managing the apartment building is obliged to maintain the land plot, which is part of the property of the house and is included in the cadastral register. For the costs of improvement, residents transfer to the management company, established by the agreement, payments accrued according to the approved tariffs.
If an object used by the residents of the house is located outside the site (a recreation area, a waste collection area), the management organization is not responsible for its maintenance.
What is included?
The adjacent territory includes a plot of land under an apartment building, as well as an adjacent land plot with infrastructure elements located on it. This territory has strictly established boundaries.
Information about the size of the local area can be obtained by looking at the technical passport of the object, issued by the BTI. The boundaries of the local area are determined at the stage of completion of the construction of the property.
The yard belongs to the common property of the high-rise building. Each homeowner in the house also claims a share of the adjacent territory, in proportion to the square meters of his home.
Who is responsible?
According to the law, apartment owners are responsible for the improvement of the surrounding area. At the same time, they can either personally carry out the maintenance of the site or pay a fee for its maintenance to a third party. If the house is under the management of the management company, then she is engaged in landscaping its yard.
If the management company does not have certain papers, the responsibility for maintaining the courtyard territory becomes the responsibility of the municipality.
Federal program
In the Russian Federation in 2021, there are various programs for landscaping courtyards. They are aimed at subsidizing these activities.
As part of the improvement program, funds may be allocated for:
- construction of children's playgrounds;
- landscaping;
- repair of existing landscaping elements;
- other needs.
As a rule, funds for such programs are raised from the regional budget. You can find out whether there is a yard improvement program in a particular region on the local administration website.
One of the most famous programs is called “Our Yard”. About 20 billion rubles were allocated to carry out activities within its framework aimed at improving the areas adjacent to houses.
The program has 2 parts:
- Mandatory. This includes the installation of lighting, trash cans, benches, as well as the improvement of driveways. All these activities are carried out at the expense of the federal budget.
- Additional. These are all other works not related to the mandatory part. For example, organizing parking, building a sports ground, etc. These works are carried out partly at the expense of the federal budget, and partly at the expense of the residents’ personal funds.
Many citizens of our country saw the shortcomings of the program and the insufficient amount of work carried out within its framework. However, during its validity, many courtyards have already been renovated, and the adjacent areas of multi-storey buildings have received an aesthetically pleasing appearance.
Should the developer improve the surrounding area?
Upon completion of construction work, some developers perform the following work:
- remove construction waste;
- lay sidewalks and driveways;
- carry out landscaping;
- designate parking areas;
- install benches and lighting equipment.
Without these measures, the construction company may have difficulty delivering the building. The developer does not carry out large-scale landscaping works unless this is provided for in the contract. This statement does not apply to residential complexes where developers landscape courtyards on a turnkey basis.
Conclusion: you can demand from the developer only what is provided for in the construction project.
Who makes the decision about landscaping the local area?
The improvement and maintenance of the territory near the apartment building is carried out by the residents - those to whom it belongs. Only they decide what and to what extent needs to be done so that the yard meets their needs. Planned activities must comply with the relevant SNiP, Land, Town Planning and Housing Codes.
The decision of the owners is made at a general meeting and is a guide to action, even if the improvement is carried out at the expense of budgetary funds.
How to request?
Residents of those yards that need improvement can draw up an application and submit an application for landscaping and landscaping.
Residents of apartment buildings should use all resources to improve their place of residence, so the application for improvement should not be neglected. Especially if the condition of the yard leaves much to be desired.
Submitting an application
An application for improvement must be drawn up on behalf of all owners, and their signatures must be attached to it. It is best to prepare the paper in printed form.
All technical documents related to the condition of the property and the yard area should be attached to the application.
What yard improvement programs and projects exist?
Not all developers improve the surrounding area, and this responsibility falls on the shoulders of the residents. But the lion's share of housing maintenance fees is spent on maintaining the housing stock, so courtyard areas are often in a sad state. State assistance is required in this matter.
There are many municipal, regional, and federal programs for landscaping yards. They all place great importance on landscaping and creating beautiful, safe landscaping. For these purposes, the Russian government allocates subsidies to the regions.
Yards where owners' meetings were held and improvement measures were approved are eligible to participate in the programs. The application must be submitted no later than September to receive funding for the following year. Territory owners may be refused;
- if the house is planning to repair communications in the near future;
- similar events were previously carried out at the expense of the state budget;
- There are emergency facilities near the yard.
In 2021, the first state program for the comprehensive improvement of courtyard areas of apartment buildings in settlements with a population of 1000 people was adopted, and another one was launched in 2021. These projects provide for a mandatory minimum of work performed free of charge for residents: repairing roads, installing lighting, installing benches, trash cans, and containers for collecting household waste.
Programs financed from the municipal budget include the equipment of children's and sports grounds, recreation areas, fencing of areas, landscaping and the creation of parking spaces. All this applies to additional activities. The project is implemented using the residents’ personal funds or with their labor participation. It is allowed to use accumulated funds from the house capital repair fund.
Who is responsible and who should be responsible for landscaping the courtyard of a residential building?
Many owners are concerned about the question: who is responsible for landscaping the local area?
Who should you complain to if reality does not at all correspond to what you want? Who should be responsible for landscaping the local area?
- Check the agreement on the transfer of an apartment building from the developer to the residents or management organization.
If the paragraphs of this document contain a basis that allows you to require the developer to work on the development of the local area, do not accept the transfer certificate until the relevant work has been carried out. - If the agreement with the developer does not say anything about the site, then the burden of arranging the courtyard area of an apartment building falls on the shoulders of the residents and the management organization.
The owners of premises in an apartment building are required to contribute funds for the needs of arranging the local area of the apartment building, and the selected organization for the maintenance and management of the building must carry out the corresponding work with these funds.
The purpose of projects to improve courtyard areas
Well-kept courtyards not only bring joy to the souls of the residents of the house - they make the urban environment more attractive and comfortable. Current government programs are aimed not only at improving local areas, but also at transforming adjacent streets, squares, parks, and embankments. The urban space is being greened and the quality of life of citizens is improving.
How to prepare and implement a yard landscaping project
To prepare and implement the project, it is necessary to create an initiative group from among the residents. They will have to solve the following questions:
- Study the legislative framework, find out about existing programs for assistance in the design of courtyard areas, and calculate the expected costs.
- Think about what issues need to be brought to the general meeting of owners (GMS).
- Establish a period during which residents can submit their proposals for improvement.
- Collect and review the proposals received and organize a second OCC to approve them.
- Engage in the development of technical specifications for the development of local land, search for contractors, and a source of financing.
At the next OSS, the final project and the estimate for improvement are approved.
If it is possible to receive assistance from the state, all owners sign an application for inclusion in the program, according to the model approved by the city administration. Attached to it is a drawing with planned objects marked.
How to landscape a yard
In order to improve the yard, it is necessary to hold a meeting of the owners of the apartments in the building. It will discuss specifically what measures to improve the local area are planned to be carried out, the design of the yard is proposed, and a vote will be held. If a positive decision is made based on its results, a representative of all residents contacts the management company or municipality with a jointly signed application. The office of the Criminal Code will tell you how to write an application, and you can also find a sample there.
In some regions, programs are being carried out to carry out landscaping work and improve areas adjacent to apartment buildings. In 2021, in February, the Russian government approved rules for co-financing the improvement of courtyards, and regions were allocated subsidies of 20 billion rubles to carry out measures to improve local areas.
If you qualify for this program, you can apply for and get on the waiting list for government yard improvement assistance. A sample application is located in the administration; it is written on behalf of all homeowners with each signature. It must be accompanied by technical documentation, which will indicate the condition of the house or houses and the territory itself.
What to pay attention to when implementing a project
Residents themselves determine what their yard will look like, but so that what has been built does not have to be dismantled, it is important to remember that landscaping work must be carried out in strict accordance with the requirements of SNiP. All activities carried out within the project and the materials used must comply with construction and environmental safety standards. Members of the initiative group are required to monitor the quality of work performed by the contractor and their compliance with the technical specifications.
When planning technical documentation, you should consult with lawyers in the field of housing and communal services, study the provisions of the Housing and Urban Planning Codes, GOST requirements relating to all issues of landscaping, from laying asphalt to landscaping, from installing benches to creating parking spaces. Close attention should be paid to the quality of equipment for sports and children's playgrounds.
Who is responsible for landscaping
The persons responsible for the improvement are determined depending on whether the land plot is registered with the Rosreestr authorities. After completing the entire registration procedure, residents become full owners, receiving not only rights of use, but also responsibilities. You can entrust the care of the territory adjacent to the house to a management company, HOA, or carry out control yourself. If landscaping work is carried out by a third-party organization by decision of the owners, this fact must be documented. When concluding an agreement with a management company, the owners pay for maintenance work according to the lines of the receipt “maintenance and repair of common property” and “common house needs.” The calculation is made based on the area of each resident's apartment.
A plot not registered with the Cadastral Chamber is owned by the municipality.
If residents are the rightful owners of the adjacent plot, they have the right to rent out part of it and allow the construction of a kiosk or service office. All decisions regarding the improvement and management of the site are made jointly.
Should the developer improve the area?
Control of the degree of improvement of the territory near the house begins from the moment the building is put into operation. The developer hands over the house to an authorized commission, having cleared the area of construction waste, installed playgrounds and organized parking spaces. In this case, the issue of landscaping, as a rule, falls within the competence of the residents themselves or the management company. After the house is put into operation, the development company is engaged only for warranty repairs in accordance with the terms of the agreement. The agreement with the owners specifies the entire scope of work that must be completed by the developer before the residents move in, including landscaping. In controversial situations, you should be guided precisely by the points of the drafted document.
Landscaping rules
Maintenance of the territory adjacent to the house implies compliance with the following points:
- cleaning installed garbage bins and containers for waste collection in accordance with sanitary standards;
- maintaining order in the local area, timely garbage collection;
- maintaining landscaping areas in proper form;
- removing snow, clearing paths, sprinkling them with sand in winter;
- creation of a children's playground;
- installation of a sports ground;
- painting benches, parts of the site and other elements;
- installation of fences;
- asphalting roads;
- carrying out necessary repairs;
- organizing measures to ensure the safety of residents (for example, removing icicles).
In addition to the above, the rules provide for a number of restrictions:
- waste containers are placed on a hard, waterproof surface. Access to the location of the containers must be open for special equipment;
- The parking area is organized on a hard surface in a specially designated place. Only homeowners and tenants can park cars. The parking area cannot be expanded without special permission;
- Cars cannot be washed or repaired in the local area;
- Parking of vehicles with the engine running is prohibited;
- without obtaining a permit, fences can only be installed in the form of a non-continuous fence less than 60 centimeters high;
- The placement of industrial facilities is prohibited.
Improvement elements
Elements of improvement of the local area are carried out in accordance with SNiP 360–92 standards. These include:
- sites. On the territory adjacent to the house there are children's and sports grounds, areas for recreation for adults, for household needs, walking with animals, and parking lots;
- landscaping. This element is entirely paid for by the residents;
- fencing. Residents have the right to restrict access to the territory of their home. However, it cannot be closed completely, since there is a need for emergency vehicles to pass through. It is also necessary to take into account the interests of residents of neighboring houses;
- paths. This improvement element must be functional, made of high-quality frost-resistant materials . At least one path should run from the entrance to the yard to the entrance. There is also a standard for the width of ¾ on the path a garden cart should fit;
- parking. The distance from parking spaces to the building must be at least 10 meters. Guest parking can be arranged;
- cleaning. This element depends on weather conditions and time of year. In spring and summer, it is necessary to water green spaces, remove garbage, maintain cleanliness of paths and areas, and wash sidewalks. In winter and autumn, leaves are removed, paths are sprinkled, icicles are removed, and snow is removed;
- paving. The coating layer must be at least 15 cm with the standard path width being 1 m. The coating must be present in the parking area and at the entrances of the house.
Rights of residents when accepting work performed in accordance with the program
Upon completion of the project, an acceptance committee is created from representatives of residents, the city administration and the management company (if a house maintenance agreement has been concluded with it). If the quality of the work is not satisfactory or there are deficiencies, the acceptance certificate is not signed. In addition, a collective complaint can be filed against the contractor.
New facilities that appear as a result of modernization are included in the common property at a meeting of owners. If necessary, the fee for its maintenance is adjusted.
Landscaping the courtyard of an apartment building is a requirement of our time. People no longer want to live in an area with a dull landscape and disorderly surroundings. And in resolving this issue, the owners of the house have a significant say.
Local area and its arrangement
The adjacent (adjacent) territory is a piece of land under and around an apartment building. It has clearly defined boundaries, which are defined in the cadastral passport of the object and are under the responsibility of the administration of this building.
