Landscaping of the local area (yard) of an apartment building and landscaping of the territory of a multi-storey residential building: what is included and how to arrange it, who should do it and who is responsible; rules, program

Residential area of the apartment building: what is it and who owns it?

Adjacent territory is a clearly defined plot of land located near an apartment building and belonging to common property. The zone includes many elements: a platform, parking, fencing, green spaces, and so on.

As a rule, a yard improvement project includes not only organization, but also maintenance of the territory:

the plot of land on which the house is located;
landscaping elements (trees, shrubs, lawns, flower beds);
transformer substation;
children's and sports grounds;
parking;
fire passage.

This list is not exhaustive; other facilities necessary for the comfortable living of residents may be included.

Find out how the common property of an apartment building is maintained.

Adjacent territory of an apartment building

The adjacent territory is a piece of land on which an apartment building is located, as well as adjacent infrastructure elements.

A plot that has the status of a local area belongs to the owners of the premises of this house, being a common shared property .

This is evidenced by Article 16 of the Law “On the Enactment of the Housing Code” , as well as the first part of Article 36 of the Housing Code of Russia

Order of the Ministry of Construction of the Russian Federation dated No. 59 “On approval of the Methodological Instructions for calculating the standard sizes of land plots in condominiums” contains instructions for calculating the size of the local area.

The size of the plot is determined by local governments in accordance with urban planning standards and in proportion to the total area of residential premises.

The site includes:

Garages, car parks;
Children's or other playgrounds equipped in a specialized way;
Landscaping elements;
Auxiliary structures that participate in the functioning of the house (firefighting facilities, transformer boxes, etc.). ( PP No. 491 dated ).

The boundaries of the land plot are determined by the corresponding cadastral maps or, if the building is not registered in the cadastral register, by a municipal entity or other civil legal entity.

In order to resolve the issue of determining the boundaries of the site, interested parties must initiate the procedure for registering the local area for cadastral registration .

The absence of a cadastral passport is not an obstacle to privatization . During the staging, the boundaries of the territory will be determined.

In addition, it is necessary to correctly understand what the concept of “common shared ownership” .

Joint ownership is joint ownership of a certain piece of real estate, but does not give the right to individual citizens to separate their part and use it individually.

This territory is not subject to alienation from the house itself; you cannot build a retail outlet or use the site in any other way for your own interests .

In order to have a guaranteed opportunity to use the landscaped local area and carry out appropriate work on it, it is necessary to privatize this plot .

This can be done by both apartment owners and management companies, HOAs and other associations or organizations.

Rules, norms and elements of improvement of the local area

The border and total area of the local area is determined by the cadastral or technical passport of the property. As follows from, the territory belongs to the residents on the right of shared ownership. Its improvement is carried out by:

Management company (MC) or HOA (homeowners' association);
the apartment owners themselves;
contractor companies with which a service agreement has been concluded.

It is expected that the residents of the house themselves will, first of all, take care of the property of the house and the adjacent area, and cover the costs of its maintenance ().

Standard rules for landscaping the local area of an apartment building:

Sanitary maintenance of areas where trash cans and garbage cans are located.
House area cleaning, garbage removal.
Preservation of flower beds and other landscaping areas.

In most cases, residents enter into an agreement with the management company. The management company is responsible for the care and maintenance of the local area. If the land around the structure is not privatized and belongs to the state, the municipality is responsible for redevelopment issues.

The list of works for landscaping the local area depends on the season. For example, in winter this means regularly removing a layer of snow more than 5 cm thick, clearing paths, and sprinkling them with sand. In summer - watering green spaces, mowing lawns, and so on.

Standards for landscaping the local area include:

Cleaning of common areas and parking lots.
Installation of garbage containers.
Measures to clean up the area.
Landscaping of the site.
Creation of areas in the yard.
Installation of fencing.
Repair work.

All activities are carried out taking into account labor standards for residents and hired contractors.

Site fencing

Arrangement of the local area includes the installation of fencing. In this case, the following rules must be observed:

the fence should not block the passage or passage to the house;
the fence cannot be an obstacle for residents of neighboring apartment buildings when moving through the fenced area;
the yard cannot be completely blocked off;
Partial or complete fencing of the playground and parking lot is allowed.

Vehicle traffic in the fenced area is prohibited. Without permission, only gas service vehicles, emergency vehicles, ambulances and police can enter this zone.

In order to avoid problems associated with installing a fence, it is advisable to develop a project in advance taking into account the landscape design of the yard, indicating which area it is planned to fence.

Features of asphalt paths

Improvement of the adjacent territory of an apartment building requires timely repair of roads. Potholes are not uncommon in yards. Issues of asphalting roads in the local area are decided by homeowners and management companies. For this purpose, the management organization creates a separate fund, where apartment owners contribute money to ensure the laying of asphalt.

In most cases, the hard coating is already there; it just needs to be supplemented. The fund is organized at a meeting, where they also determine the approximate cost of asphalting the local area.

It is mandatory to lay pavement on the paths leading to the entrance and parking areas.

Greening activities

Landscaping standards are defined in. According to this document, adopted by the Federal Agency for Construction and Housing and Communal Services, it is necessary:

handle trees and shrubs with care;
provide care for green spaces in the local area;
remove dead wood;
If there is a pond in the yard, you need to clean it and make sure that the water does not bloom.

To change the landscape of the territory, you need to contact the municipal authority with a landscaping plan approved at a meeting of residents.

Comprehensive landscaping of the territory gives it a well-groomed and harmonious appearance. However, these expenses are paid from the owners' wallet. Most often, large-scale landscaping of the local area is carried out by local activists. However, cutting down emergency trees and sanitary cleaning of the area are carried out at the expense of the municipality.

Playgrounds for children

The construction of swings, slides and other entertainment facilities for children is carried out by the municipality, if the land is state-owned, or by the management company. According to the law, such elements are placed away from the roadway and pedestrian paths, surrounded by green spaces. Sanitary standards require regular replacement of sand. Swings, benches, slides and sandboxes must be clean.

Management staff monitor the condition of the sites. They regularly inspect them, remove debris, and make repairs.

A children's playground is an integral attribute of an apartment building with developed infrastructure. Requirements for the construction and maintenance of this territory are contained in.

Parking for residents

By decision of the meeting of apartment owners, it is possible to limit the parking of other people's vehicles in the local area (with the exception of emergency vehicles). When installing a parking lot, you must adhere to building codes and regulations (SNiP), in particular.

The distance to the walls and facades of houses from parking areas must be at least 10 m. Requirements for parking arrangements are determined depending on its capacity. The more cars you need to accommodate, the stricter the rules.

Site cleaning

How to improve the courtyard of an apartment building in terms of cleaning the territory is described in Resolution of the State Construction Committee of the Russian Federation No. 170:

The sites and passages between houses are cleaned by employees of the management company.
Internal roads are cleaned by specialized organizations.

The peculiarity of the cleaning is that they first remove garbage on footpaths and sidewalks, and then on the roads.

Who is responsible for beautifying the area around the apartment building?

It is possible to determine who is responsible for the improvement of the local area based on the form of ownership in which the site is located. The development company is also allowed to carry out landscaping if this is provided for in the contract.

Maintenance of the yard is carried out by local authorities or representatives of the management company.

Particular attention should be paid to drawing up an agreement for the transfer of an apartment building from the developer to the residents or management organization. The agreement must include a separate clause that stipulates the developer’s responsibilities for landscaping the local area. If this is not done, the residents of the house will have to take care of the yard.

Financing of work

Apartment owners or tenants pay a monthly fee for the services of the management company. The range of responsibilities of the management company includes maintaining the landscaping of the yard. In some cases, landscaping, repairs and asphalting of the local area are carried out at the expense of the state, for example, through federal programs.

Repairs to courtyard areas of apartment buildings are also carried out at the expense of residents. Conventionally, the work can be divided into small events and those that require time, material and the participation of specialists.

Current repairs include repairs:

damaged sections of the road;
fences and other barriers;
facilities for children and so on.

Major renovations involve paving, landscaping or installing platforms, which requires more time and resources.

Municipal program for improvement of local areas

In Russia, not only federal and gubernatorial improvement programs are in effect, but municipal programs have also been introduced. The goal of such programs is to create a modern urban environment.

The federal, regional and local budgets allocate funds for the implementation of the municipal program. The owners of the apartment buildings will also be forced to contribute part of the funds.

In order for a house to take part in the municipal program for improving the area near the house, it is necessary:

Create a commission to ensure the implementation of the program. Draw up a protocol on including the territory in the list of courtyard areas that are subject to improvement next year.
Develop a design project for landscaping the courtyard area. The project is carried out by the housing and communal services department or management company within 1 month from the date of signing by the program commission.
Approve the design project with the responsible person who acts on behalf of all owners of the apartment building.
Post a design project on the official website of the municipality of a particular city.

Improvement at the expense of the state

The state is also involved in beautifying the courtyards of apartment buildings. The main form of implementation of this task is the federal program for the improvement of courtyard areas. The purpose of the event is to restore order in the local area. The work is paid for from the state budget.

The municipality showed an example of an effective program for improving the courtyard areas of an apartment building. The authorities have allocated funds for the following purposes:

landscaping;
arrangement of children's playgrounds;
repair and reconstruction of facades and fences;
creation of “green” zones;
design of parks for recreation.

Improvement of the courtyard area of an apartment building is rarely financed from federal funds. Money is usually allocated from the regional budget. You can find out whether a similar program operates in your place of residence on the official website of the city administration.

Federal Land Improvement Program

In many Russian cities, there is a deplorable situation with the surrounding areas of houses: trees are destroyed, flower beds are trampled, pedestrian paths are falling into disrepair. However, for three years now the country has been continuing to implement a federal program to improve courtyard areas for a comfortable urban environment.

The essence of the program is that the state allocates money to residents, and they themselves decide how to carry out improvements with it. The project started in 2021 and is designed for 5 years.

Not everyone knows how to get into the yard improvement program. To participate in the federal program to receive funds for improvement of the local area, you must go through a number of stages:

Determine whether the yard really needs funds for improvement, find out whether the house is included in the list of objects that will be allocated funds from the state treasury. You can check this information on the local administration website.
If a specific house is not on the list, then an initiative group of residents of the house should be created so that it organizes a meeting of all residents, draws up a work plan, and contacts the municipality to participate in the federal program for landscaping.
Develop a landscaping scheme. This issue is also usually dealt with by members of the initiative group. They must determine what work needs to be done, draw a diagram on a map of the yard, reflecting the location of the house, planned improvement objects (benches, trash cans, lanterns, etc.), landscaping areas, etc.
Conduct a general meeting of the residents of the house, at which the scheme should be approved, signatures of the owners should be collected (at least 2/3 of the votes must be collected), and minutes of the meeting should be drawn up.
Submit an application for participation in the federal improvement program to the local administration, attaching an improvement plan and a copy of the minutes of the general meeting.
If the money is allocated, then the initiative group must agree on the final design project. If the money is not allocated, then the application is queued for consideration next year.
Carry out landscaping work and ensure the safety of landscaping in the local area.

How to initiate landscaping of the local area

Residents are interested in their yard being safe and looking attractive. To initiate the improvement of a site near an apartment building, you should organize a meeting of apartment owners, study in detail the available planning options and find out the opinions of all residents. After this, you can contact the management company or local administration.

If there are no yard care programs for apartment buildings in the region, you need to write an application for improvement of the local area and get in line for this service. The appeal on behalf of the residents must be signed by all applicants.

A sample document can be obtained from the city administration.

Documentary evidence of the technical condition of the house and surrounding area is attached to the application: cadastral passports, plans and diagrams.

Landscaping rules

All rules for caring for the area adjacent to the house are based on SNiP building codes. In addition, the Code of Practice established by the federal government applies. It contains requirements for construction, installation, operational and other processes related to landscaping.

However, there are a number of inconsistencies in the law, which are often used by municipal representatives. In particular, the norm according to which the area of the house cannot be greater than the area of the local area. Often the territory is measured so that the area of the house is equal to it. As a result, the municipality does not improve the area around the house.

Another variant of manipulation is that residents are imposed responsibility for a much larger area than actually belongs to the territory of their home.

An effective method of combating such arbitrariness is the privatization of the local area. Having become full owners of this territory, residents will have the opportunity to independently make decisions on its improvement.

Fine for causing damage to amenities

Unfortunately, landscaping of the yard often suffers from human hands. Most of the actions involve damage to objects in the local area - benches, playgrounds, fences and plants in the yard, as well as demolition, movement, removal and improper maintenance of the yard. Unauthorized installation of billboards, storage of waste, and unauthorized installation of barriers are often carried out.

The main legal act in this case is the Code of Administrative Offenses - articles , , , , , and others. Regardless of the content of the offense, punishment is provided in the form of a fine: