Ministry of Construction of the Russian Federation: how to design the courtyard of an apartment building

Who makes the decision about landscaping the local area?

The adjacent territory of an apartment building with landscaping elements is included in the common property of the owners of an apartment building if the land plot under the apartment building is registered in the cadastral register (Clause 4, Part 1, Article 36 of the Housing Code of the Russian Federation). In this case, the organization that has entered into a management agreement with the owners is responsible for the proper maintenance of the site and the objects located on it.

The decision to improve the land plot, install new facilities on it: a children's or sports ground, landscaping elements, parking - is made at a general meeting of owners of premises in the house (clause 2.1, part 2, article 44 of the Housing Code of the Russian Federation).

The burden of maintaining such facilities lies with the owners. The cost of their maintenance is included in the list of works and services under the management agreement, as well as in the amount of payment for residential premises billed by the management to the residents of the house. Such changes to the terms of the management agreement are approved by the owners at the OSS.

Maintenance and landscaping of the courtyard area
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Private house plot

The specifics of life outside the city oblige developers to take into account not only visual beauty when planning a personal plot. The site should also be comfortable and contain everything necessary for a comfortable life.

Let's look at the main elements that, as a rule, are present in all areas:

Bath;
Terrace in the house;
Parking spaces or garage in the house;
A gazebo in which you can place a cooking stove or barbecue;
A shed for storing household items;
Flower beds, shrubs and other plantings;
Various decorative elements.

It’s not often that everything you need can fit on the existing area of the house.

Option for planning and arrangement of various elements on the site

Before starting construction, you need to draw up a plan for your summer cottage and try to arrange everything schematically. If you still don’t have enough free space, you should decide what can be excluded or reduced in size from what is planned.

Where to start preparing for landscaping your yard

Yard improvement refers to a list of various activities: landscaping, zoning, asphalting, installation of children's and sports grounds, street furniture, fences, coverings, small architectural objects, organization of parking, lighting. Residents may decide to do one thing or develop an entire project to change the appearance of their local area.

More often, residents of the house come up with a proposal to install a playground or organize parking. They also have the right to implement an entire project in their yard using art design and zoning rules. But the initiators of change do not always understand what needs to be done to get the support of other residents of the house, where to start.

The recommendations of a methodological guide on the development of courtyards in small towns, developed by participants in the “Create Your City” project, will help with this. According to the manual, the first step to implementing a plan to change the courtyard of an apartment building is precisely the creation of an initiative group of residents. Most often, this group arises without the participation of the management authority or the HOA, and it is this group that proposes to improve the territory.

Who is responsible for the maintenance and improvement of the local area?
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How to plan a beautiful courtyard of a private house.

This small beautiful courtyard of a private house began with such a gravel-paved area in front of the house. Which was intended only for parking two cars and small flower beds on the side. It’s hard to imagine a beautiful garden here in any form.

The total area of this plot in front of the house is 2.5 acres. Because At first there were attempts to combine the garden with a parking lot and they were unsuccessful, it was decided to divide the garden as such with a parking lot. This is roughly what the new site layout looks like.

Next to the house, on one side, there is a paved area, which is separated from the parking lot by a fence with a gate; on the other side, a small vegetable garden and a garden are planned. In the garden, on the left side, in order to raise the fence as high as possible, an artificially raised small terrace is planned.

Why hold an initiative group meeting?

But the idea must be supported by the owners of the premises at a general meeting. Therefore, before holding such a meeting, the initiative group, together with MA specialists, must work out their proposals and collect information. This is important for several reasons:

At the same time, proactive residents of the house will confirm their desire to participate in the improvement of the yard and will be able to clearly define the request for changes: what, in their opinion, needs to be changed, what ideas they have, what to focus on.
The issue of landscaping the yard should be brought up for discussion with a wide range of residents, including at a general meeting of owners, only after the initiators have specific proposals and clear questions. People don't like to be interrupted to discuss abstract ideas.
It is necessary to determine in advance possible sources of financing the work: from funds for current or major repairs, from targeted contributions from residents of the house, through participation in municipal and federal target programs.

Representatives of the Management Organization must be present at meetings of the initiative group. They will help residents of the house understand the legislation that regulates the improvement of courtyards, prepare information and documents for the OSS.

Land plot as part of the common property of the MKD
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What is included in landscaping the local area?

Often, the condition of these objects leaves much to be desired, and the owners are faced with the question: who should repair all this and how to achieve this repair!?

Ensuring the safety of landscaped areas is an unquestioning right and at the same time the responsibility of residents of an apartment building.

Owners of premises have the right to independently carry out actions for the maintenance and repair of common property or to attract other persons to provide services and carry out work for the maintenance and repair of common property.

Based on this, residents themselves must allocate funds to repair their shared property - that is, pay for pothole repairs. As a rule, a condition for the repair of shared property is included in the agreement with the management company in terms of payment by residents for maintenance and current (overhaul) repairs. Consequently, residents regularly contribute funds for the maintenance of the local area, as required by regulatory requirements.

But despite this, it turns out to be very difficult to achieve even pothole repair of the asphalt surface of yard roads in practice.

In order to achieve repairs to the local area, the following procedure must be followed:

1. Write an application in two copies to the management company addressed to its director about the need to repair the asphalt surface of the internal area adjacent to the house. The application must be signed by at least 50% of the residents of the building. In the application, briefly indicate the essence of the problem, the approximate scope of work, the duration of the current condition of the road surface, and, if possible, the reasons for the development of the problem. One copy is transferred to the management company (hereinafter referred to as the Management Company), the second copy is marked with acceptance, indicating the date, signature and transcript of the accepting employee (preferably, indicate his position).

2. If the work is not carried out within a month or there is no response from the management company, you must contact the supervisory authority with a complaint about the actions of the management company, attaching a copy of the application submitted to the management company, and it is also advisable to attach photographs of the area to be repaired.

In this case, the Criminal Code violates road maintenance standards.

The standards are regulated by GOST R number 50597-93, according to which the period for eliminating holes and potholes on roads of group “B” with a maximum damage area of 7 square meters per 1000 square meters. m should be no more than 10 days from the moment the defect was discovered.

If the actions did not bring the desired result and the management company did not carry out the repair work, you can repair the yard roads yourself.

To do this, you should call an independent expert to assess the current condition of a specific local area and the approximate cost of repairs. When collecting money from the residents of the house, register each contribution by a specially created commission of three people chaired by the house committee. To carry out repairs, it is advisable to contact an organization that repairs road surfaces. At the same time, you should not order the most expensive repairs; it is enough that all standards and requirements are met. Collect all contracts and receipts for services of both experts and builders, all records of collection of money and minutes of meetings of residents.

To accept the work performed by the hired company, you should again contact an expert so that he can control the quality and issue you an independent conclusion on the acceptance of the work, which should indicate that all the characteristics of the repaired coating comply with GOSTs and SNiPs. You should not sign any acts yourself, even if created by a commission consisting of apartment owners! Everything should be done by specialists.

After completion of the work, it is necessary to send an application to the Management Company demanding reimbursement of all expenses incurred, attaching copies of all the above documents.

In case of refusal of compensation or inaction of the management company within a month from the date of application, you should also contact the supervisory authority with a demand to hold the management company accountable and to protect your interests and reimbursement of all expenses incurred.

You also have the right to independently go to court to recover the costs incurred from the management company.

What needs to be conveyed to the residents of the apartment building at the first meeting on landscaping the yard

The authors of the methodological manual emphasize that for a successful yard improvement project, the active participation of the residents of the house in the development of the idea is important. This is also necessary in order to ensure support for the plans at the general meeting of owners.

The management authority and the initiative group can first hold an informal meeting: tell the residents of the house about their proposals, collect ideas and questions, understand what the neighbors want and whether they want to improve the territory at all. At such a meeting you should:

present specific proposals for improvement, their approximate cost, implementation time frame, support the words with examples of projects already implemented in the country;
convey to the residents of the house information that all new objects in the local area will need to be included in the common property of the apartment building and the owners themselves will bear the burden of their maintenance as part of the payment for the residential premises;
invite residents of the house to make their proposals, indicating to whom, how and when they can be sent;
talk about possible sources of funding for the work.

Thus, the management authority and the group of initiators will gain an understanding of whether other residents of the house support them and what specific issues need to be brought to the general meeting of owners, which is held in accordance with Art. Art. 45–46 Housing Code of the Russian Federation.

The methodological manual notes that project initiators must be prepared for the fact that some neighbors will react negatively to the proposal. Their task is to find support from the majority of owners.

The emergence of ownership rights to a land plot under an apartment building
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How to prepare technical specifications for landscaping a yard

An important stage in the preparation of the project is the preparation of technical specifications, in which the residents of the house must set out the requirements for the planned work on landscaping the yard and their results. The assignment includes the technical characteristics of future objects, style, placement on the territory, etc. Based on the terms of reference, a finished project and work schedule are developed.

To create a technical specification according to the wishes and capabilities of the residents of the house, the initiators need to go through the research stage:

Resolve the issue of registering the land plot under the house with cadastral registration, if this has not been done previously, and including it in the general property of the house. The assistance of the MA is important here.
Find out the capabilities of the residents of the house, their contribution to the implementation of plans to transform the yard: direct participation in landscaping work, expertise, assistance with materials, discounts in stores, etc. Perhaps residents will be able to do most of the work on their own and with a small budget.
Study the regulations, find out what is allowed to be done on the territory and what is not; Find out the procedure for coordinating improvement projects with the local self-government body.
Study the existing yard improvement programs in the municipality and the possibility of receiving a grant for them.

To clarify these important issues, you may need several meetings with residents and active assistance from specialists from the management organization, for example, lawyers. You can also create groups in instant messengers or social networks, which will allow you to quickly resolve issues and share information.

When all the issues have been worked out, the information has been brought to the attention of the owners, and they have supported the idea, then it should form the basis of the technical specifications. As the authors of the guidelines note, the development of technical specifications can be one of the longest stages in the implementation of a project: the task can be discussed and changed several times by the residents of the house.

When does the period for cadastral registration and registration of rights begin?
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What is a local area

Any residential building is located on an inalienable plot of land. For multi-storey residential buildings, certain minimum and maximum area sizes are established. This plot is necessarily registered with the state cadastral register and is the common shared property of all residents. The house plot may include the following important social facilities:

car parking;
playgrounds;
garages or areas allocated for their construction;
sports grounds;
elements of landscaping in the local area of an apartment building (flower beds, rose gardens, lawns, rock gardens, trees, hedges, etc.);
auxiliary buildings necessary for the normal functioning of a residential facility or ensuring the safety of living citizens (barriers, security posts, transformer booths, etc.);
areas for walking pets;
walking and sports paths;
driveways and more.

Important! If some of the apartments in a multi-storey building and the land on which it is located are not privatized, it is necessary to initiate the start of the procedure. Both apartment owners and their legal representatives (management companies, homeowners associations, etc.) have such powers.

What issues should be brought to the general meeting of owners?

So, the terms of reference for drawing up a project for landscaping the yard are ready, and the residents agree with it. Now it is important to approve it at a general meeting of premises owners. The following should be approved at the meeting:

Terms of reference for project development.
Budget and work schedule.
Source of funding, if necessary - coordinate the submission of an application for additional funding within the framework of a municipal or federal program.
The contractor selected for the work and the terms of the contract, if provided for in the project implementation plan.

The decision on agenda items is made in accordance with Part 1 of Art. 46 Housing Code of the Russian Federation. It may not be possible to approve all the submitted proposals the first time, then the comments of the owners should be taken into account, changes should be made to the documents and the OSS should be carried out again.

Based on the approved technical specifications, an architectural project is prepared, which is approved by the local government body, checking for compliance with the legislative acts regulating the improvement of the territory of the municipality.

How to register a land plot for an apartment building
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What should management authorities and owners pay attention to during the implementation of the project and after it?

When all formalities have been completed, you can proceed directly to the implementation of the project. Depending on the decision made, landscaping can be carried out entirely by the residents of the building and the employees of the management authority or with the involvement of a third-party company.

In the second case, the contract for the provision of services must be approved by the OSS. The organization managing the house can sign it on behalf of the owners, if it is vested with such powers.

At all stages, project leaders must monitor the progress of work and check it for compliance with the project and quality. The completed yard and delivered objects should be accepted by a commission with the participation of the owners and representatives of the management authority. If desired, the courtyard can be solemnly opened, bringing together residents of the apartment building for the holiday, and if the project was original or large-scale, representatives of the municipality and the press.

The last stage in the work will be the holding of a new OSS, at which the owners must include new objects in the common property of the house and approve the new amount of fees for maintenance and repairs (Part 7 of Article 156 of the Housing Code of the Russian Federation). The cost of the MA’s services will include the cost of maintenance and repair of facilities, and, if necessary, security and cleaning.

Ministry of Construction of the Russian Federation on some features of holding general meetings
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Paths

Paths in the courtyard of the house are a stage that is done at the final stage. Again, you need to start from the construction, the choice of colors and materials. The second point is the budget allocated for this arrangement item. Budget options include bulk materials: pebbles, crushed stone, sand. Expensive ones include tiles and natural stones such as marble.

You may be interested in: Features of installing gates for a private home

Pay attention to the load that will be placed on the paths and weather conditions, choosing materials that will last a long time and will delight you with beauty.

How to prepare and implement a yard landscaping project

Let us summarize the recommendations set out in the methodological manual. To successfully improve the local area, the building owner and residents of the house need to:

Create an initiative group and discuss ideas.
Collect the necessary information about the land plot, improvement programs, legal requirements for such projects, and the procedure for their approval.
Bring the collected materials to the attention of all residents of the house, collect their proposals, finalize the proposals and determine the source of financing.
Prepare technical specifications, schedule, estimate.
Conduct an overall assessment and approve important issues of project implementation.
Develop a project and coordinate it with the owners and the local self-government body.
Implement the project and accept the completed work.

When preparing and implementing a landscaping project, several general meetings of owners may be required. They should be carried out in accordance with the requirements of housing legislation. In this case, positive decisions made at the OSS will be mandatory for all owners of premises in an apartment building (Part 5 of Article 46 of the Housing Code of the Russian Federation).