Cleaning the local area of an apartment building: whose responsibilities according to the law and standards for the work of a janitor in the summer, the schedule for clearing snow in the winter

What is considered a local area?

Each residential building has an adjacent plot of land nearby. It is considered inalienable and is not considered in a legal sense as a separable entity. The name of this site is the adjacent territory of an apartment building. Let's list what it includes:

the land on which the residential building is located;
children's and sports ground;
parking lot;
fire passage;
green spaces;
other infrastructure and development elements.

Thus, on this site there are various facilities that residents can equally use. The area of the territory, its boundaries and other parameters are determined by the cadastral passport. Based on this data, the cost of cleaning the site is calculated.

Cleaning the surrounding area law

In particular, the standard rules establish the boundaries for maintaining the adjacent territory of enterprises, institutions and organizations - from 5 to 50 m along the perimeter of an object or building. For example, for courtyards, sidewalks, and adjacent areas of residential housing complexes, housing cooperatives and condominiums, maintenance boundaries of at least 20 m are provided from the border of the allocated land plot and to the roadway of the street. The project also provides for the obligation of enterprises, institutions and organizations to maintain cleanliness and order in their own and assigned territories, namely the need to:

The laws on property, housing and communal services, and civil rights are unusually crude and the impression is that they were written by children together with hooligans. He argued his position with the social importance of the work of prosecutors, who ensure the protection of the Constitution, the rights of citizens and the interests of the state.

Whose responsibilities include

Issues of maintaining the common property of an apartment building are regulated by the Rules, which came into force on August 13, 2006. According to their provisions, cleaning of the adjacent territory is carried out by the management company, whose responsibilities include maintaining a specific building. If the house has a homeowners association, then they independently enter into an agreement with a third-party organization that provides the relevant services. In this case, said company will be held liable for failure to perform cleaning duties.

The surrounding areas will be cleaned by businesses and organizations

Let us note that such an idea has long been legislated in countries neighboring Belarus. Thus, in particular, in Ukraine, financing of measures for the improvement of settlements is carried out at the expense of state and local budgets, funds from enterprises, institutions and organizations, as well as other sources not prohibited by law. These sources can be either funds from charitable foundations, “mutual aid funds” created at enterprises and organizations, or voluntary contributions from individuals.

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Land users will be required to ensure proper sanitary conditions of the territory adjacent to their land plots. The costs of organizations associated with the performance of work on the maintenance and improvement of the territories of settlements (but not more than 1% of the total revenue from the sale of products, goods, works or services) are planned to be attributed to the cost of products, goods (works, services) and included in costs taken into account for taxation and pricing.

Registration of an employment contract

A written agreement must be in place for any services to be provided. This is done either by management companies or HOAs. Based on the specified agreement, workers provide cleaning services for the local area at a frequency specified in it. The agreement must stipulate:

address of a residential building;
information about the management company or owners' partnership;
powers and responsibilities of the parties;
list of responsibilities;
payment;
validity periods.

On our website you can also view contracts for the provision of paid services, on the basis of which the cleaning of the entrance to an apartment building, as well as the surrounding area, is carried out.

Janitor's responsibility

So, the agreement clearly and unambiguously describes the powers of the parties. Typically, the cleaner's rights include:

require the provision of suitable premises for storing equipment;
make proposals to improve working conditions;
receive the materials and equipment necessary for work.

At the same time, the contract also specifies the duties of the janitor for cleaning the local area. Of course, it also sets out the scope of his responsibility. It occurs in the event of poor quality or untimely performance of tasks and duties, as well as for non-compliance with safety precautions, service instructions and orders.

Is your local area not being cleaned? There is a solution!

In accordance with Art. 39 of the Housing Code of the Russian Federation, as well as paragraphs. “f”, “g” clause 2, paragraphs. “d”, “e”, “g”, “h” clause 11 of the “Rules for the maintenance of common property in an apartment building”, approved by the Decree of the Government of the Russian Federation of 08/13/2006. No. 491, and paragraphs 24-26 of the “Minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building,” approved by the Decree of the Government of the Russian Federation dated April 3, 2013. No. 290, maintaining the local area in proper condition is part of the maintenance and repair of the common property of an apartment building and includes:

cleaning of a land plot that is part of the common property;
collection and removal of solid and liquid household waste;
maintenance and care of landscaping and landscaping elements located on a land plot that is part of the common property;
current and major repairs, preparation for seasonal operation of landscaping elements located on the land plot.

But, unfortunately, in Saratov there are extremely few management companies that comply with the Rules and Laws. Let's be realistic - this is true.

So how can homeowners force the organization servicing an apartment building to comply with the Law?

Follow the steps:

Firstly, it is necessary to submit a demand to the organization responsible for maintaining order in the local area.

Who exactly is required to maintain order in the local area depends on the method of managing the apartment building chosen by the owners of the premises in this building. This requirement can be made:

an organization with which the owners of the premises entered into an agreement to perform work and provide services for the maintenance and repair of common property in an apartment building;
homeowners' association (HOA), real estate owners' association (RTN), housing cooperative (ZhSK) or other specialized consumer cooperative;
management organization.

Secondly, file a complaint with housing control authorities and local authorities.

If, after submitting your request to maintain order in the local area, the deficiencies have not been eliminated, you have the right to contact the state or municipal housing control authorities - the state housing inspection (address: 410012, Saratov, Chelyuskintsev St., 114), municipal administrations (Administration of the Municipal Municipality "City of Saratov": 410031, Saratov, Pervomaiskaya St., 78, Internet reception address: https://www.saratovmer.ru/priemnaya/mail/)

Such a complaint will be the basis for an unscheduled inspection of the relevant organization (Part 4.2 of Article 20 of the Housing Code of the Russian Federation; paragraphs 10, 11 of the Regulations on State Housing Supervision, approved by Decree of the Government of the Russian Federation No. 493 of June 11, 2013). If, as a result of the inspection, violations of the rules for maintaining the local area are revealed, in this case the supervisory authority issues an order to stop violations of mandatory requirements, as well as to eliminate the identified violations, and to take measures to ensure compliance with mandatory requirements.

It is important to know! If you are not satisfied with the decision made, as well as the actions or inactions of officials of state housing supervision authorities during inspections, you have the right to appeal them administratively or judicially (clause 17 of the Regulations on State Housing Supervision No. 493 of June 11, 2013) .

Administrative liability is provided for improper maintenance of the local area (Articles 7.22, 8.1, 8.2, 14.4 of the Code of Administrative Offenses of the Russian Federation). It can also be established by regulations at the level of constituent entities of the Russian Federation. Also, you have the right to contact the local government body with a complaint against the management organization. Upon your request, an unscheduled inspection of the activities of the management organization will be carried out within five days. If, based on the results of the inspection, it turns out that the management organization does not comply with the terms of the agreement for the management of an apartment building, then no later than 15 days from the date of the corresponding request, the local government body convenes a meeting of the owners of premises in this building to resolve issues of terminating the agreement with such a management organization and on the choice of a new management organization or on changing the method of managing this house (Part 1.1 of Article 165 of the Housing Code of the Russian Federation).

Thirdly, demand a recalculation of the paid maintenance fee.

If services for maintaining the local area were provided improperly or were not provided at all, then the owner of the premises in an apartment building has the right to demand a recalculation of the payment made for the maintenance of the common property of the house. This statement is sent in writing or made orally within six months after the relevant violation and is subject to mandatory registration. After recalculation, the amount of payment for the maintenance and repair of residential premises is reduced in proportion to the number of full calendar days of violation from the cost of the corresponding service or work as part of the monthly payment for maintenance and repair of residential premises (Part 10 of Article 156 of the Housing Code of the Russian Federation; paragraph 7, 8, 10 of the Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by the Decree of the Government of the Russian Federation of August 13. 2006 No. 491).

The material was prepared with the participation of the Federal Budgetary Institution of Health “Center for Hygiene and Epidemiology in the Saratov Region” (410031, Saratov, Bolshaya Gornaya st., 69). ______________________________________________________________________________

Payment Responsibilities

The adjacent territory is the common property of all residents living in the relevant building. This is stated in Article 16 of Federal Law No. 189, which enacted the Housing Code of the Russian Federation on March 1, 2005. The location of the apartment building means that all owners of the premises will use the adjacent plot. For this reason, each of them is required to pay. The amount is determined based on the area of the apartment owned by the resident. That is, the more square meters a person owns, the higher his payment will be.

Cleaning and repair of the surrounding area in case of rental

Part 1 art. 615 of the Civil Code of the Russian Federation - the tenant is obliged to use the leased property in accordance with the terms of the lease agreement, and if such conditions are not defined in the agreement, in accordance with the purpose of the property.

The Supreme Court of the Russian Federation, in its ruling dated March 12, 2021 in case No. A09-10816/2021, stated - “From the systemic interpretation of the stated rules, it follows that the imposition on the owners, possessors, users of land plots of the obligation to maintain the territory adjacent to their land plots , can be carried out either on the basis of federal law or on the basis of an agreement.

Standards for cleaning the local area

The load when a janitor performs his duties is limited by the area. Standards change from time to time and are set by municipal authorities. They are then formalized in the employment agreement. The list of works related to the area adjacent to a residential building depends on what time of year they are carried out. Let's take a closer look at what the janitor's duties are in the summer and winter. The differences between them are significant.

In summer

So, when it's warm, the wiper should:

sweep the sidewalk;
maintain the lawn in well-groomed condition;
pick up garbage from trash cans and disinfect them to avoid the appearance of flies and harmful insects.

Cleaning up courtyard areas in the summer also includes painting benches, fences and other objects. In addition, the employee is required to water/wash sidewalks, paths and pavements.

In winter

In cold weather, the janitor, first of all, removes snow from the area. It is cleared from the pedestrian area and placed in specially designated areas, from where it is later removed using special equipment. Cleaning the area in winter also involves knocking down icicles, cleaning trash cans, and removing ice crust around hatches to avoid traumatic situations. In addition, the janitor is required to sprinkle paths and sidewalks with sand, salt or other substances that reduce the likelihood of a passerby slipping or falling.

Sanitary cleaning

Garbage bins are located next to each house. Their capacity must be at least 100 liters. According to the rules, containers are installed on a specially designated concrete or asphalt area with a fence around it. The requirements are such that the entrance to the waste bins must be well lit and suitable for the movement of special equipment.

Cleaning the surrounding area

In accordance with civil law, ownership means not only the existence of rights to own, use and dispose of property, but also the burden of its maintenance. In most cases, individual entrepreneurs and legal entities that own buildings and other real estate objects voluntarily clean and maintain the surrounding area in order to create convenience for their customers and clients. But often the responsibility for its maintenance is imposed on business entities through instructions from local governments, enshrined in the relevant municipal regulatory legal acts.

The rules of external improvement in the municipal formation “City of Kirov”, approved by the decision of the Kirov City Duma dated August 27, 2021 N 19/41, impose on individuals and legal entities the obligation for the maintenance, timely and high-quality cleaning and tidying of what they own by right of ownership or other property right land plots and adjacent territories in accordance with these Rules. In this case, the adjacent territory is understood as a land plot of a public territory that is adjacent to the boundaries of the land plot provided for the corresponding object and is located within the established boundaries. For residential buildings, kiosks, pavilions, other objects of small retail trade, household and other services to the population, the adjacent territory is 10 m from the perimeter of the courtyard or designated area, and from the facade - to the roadway of the streets; for garages, parking lots, parking lots - from 10 to 50 m from the perimeter of the provided territory, entrances to the facility to the roadway; for industrial, construction facilities, cultural, public and sports facilities, and other facilities - at least 50 m from the perimeter of the designated area, access roads to them to the roadway.

List of required works

The list of house maintenance work is approved jointly by its residents and the management company. All of its points are mandatory for the janitor, taking into account the specific season.

If a barrier is installed in the yard, then the rules for its maintenance are separately prescribed in the contract with the management company. In such cases, a controller is required to regulate its operation. Such a person may also additionally be responsible for monitoring the surface of the barriers and keeping everything in good condition.

In winter time

Taking into account the specifics of this season, management companies must clean the local area only with special means. Work is carried out according to the rules:

the removed snow is rolled into heaps and piled on the side of the road 2 meters from the roadway;
Snow removal is carried out either in the morning or in the evening;
Ice must be cleared out, both on sidewalks and near entrances and sewer manholes;
Icicles are thrown off roofs and driveway ledges;
slippery sidewalks are sprinkled with sand or special salt compounds;
the snow lying on the lawns is loosened.

In winter, all sidewalks, as well as driveways inside courtyards, must be completely free from drifts. Before cleaning services arrive to remove icicles, it is mandatory to install barriers with warning signs at the entrances to buildings.

During snowfalls, the frequency of cleaning increases. It must be carried out twice a day, regardless of what urban area it is: central or residential. Cleaning is done strictly in the morning and evening hours. Sidewalks are sprinkled with sand once a day.

In summer time

During the warm season, employees of management companies serving local areas have the following responsibilities:

sweeping sidewalks early in the morning or late at night;
periodic mowing of lawns and shrubs;
mowing grown grass;
watering plants in flower beds on hot days;
painting benches, cleaning them from dirt and traces of cleaning products;
regular cleaning of roads from debris;
control of the delivery of sand to children's playgrounds.

Janitors are also required to ensure the cleanliness of playground facilities. They must be clean, without any kind of contamination or damage. In some cases, janitors have to clean the entire local area three times a day, when the level of contamination is high.

Under the terms of individual contracts, management company employees are required to monitor the condition of door handles, closers and other fittings. Emptying waste baskets is the primary task of all janitors working in areas adjacent to residential buildings.

Cleaning of surrounding areas

The Goskomzem holds the same opinion. Thus, in the letter of the State Land Committee dated May 26, 2021 No. 10046/17/4-10 it is reported that “it is impossible to provide a land plot for rent or ownership for servicing a built-in or attached premises in a multi-storey building, since it is impossible to create an object of land relations - a land plot, without violating the unified complex of real estate, - allocate the premises of the house as a separate building and provide it with a separate address, which is necessary to determine the location of the land plot as a component of the concept of “land plot.” Land plots for apartment buildings and adjacent territories of state and municipal property are provided for permanent use to the enterprises that manage these buildings. Consequently, it is precisely such enterprises that are obliged to monitor the cleanliness of the territories.

The right to draw up administrative protocols for violation of the rules for landscaping territories was given to police officers by the Law of Ukraine dated January 21, 2021 No. 1825-VI “On amendments to certain legislative acts of Ukraine in the field of waste management,” which in the new edition sets out Art. 152 of the Code of Ukraine on Administrative Offenses (KUoAP).