My dacha neighbor built a house close to my fence - this question often arises among citizens who own land plots. If such a situation arises, this indicates that there is a violation of current legislation. To protect the rights of citizens, special regulations have been developed.
They stipulate what requirements must be observed during construction work. The general rule indicates that a building cannot be located more than three meters from a neighbor’s fence. There are no exceptions in this situation.
Legislation
In practice, situations often occur when, after carrying out construction work on building a house, citizens discover that established standards are being violated. Also, the reason for such violations may be that the citizen who owns the land plot did not correctly calculate the size of the premises. In addition, violations may occur when calculating or taking into account additional value settings. In a situation where the neighbor has no questions about such a house construction, it will be possible to avoid a dispute.
Also in practice, situations are known when, when using this method, a person tries to increase the area of his allotment. Before constructing a residential building, you need to study the urban planning plan. This applies to the area in which the building is being erected; it is indicated by using a stroke. The rules indicate that the property must be located within clearly defined boundaries.
The following rules are provided in this direction:
- 3 meters from the fence;
- if there are two stone houses nearby, then there should be at least 6 meters between them;
- the stone structure and the wooden structure have a minimum distance of 10 meters from each other;
- wooden premises should be located at a distance of no more than 15 meters.
These requirements must be followed to ensure firefighter safety.
ATTENTION !!! It is important to note that for buildings located within a dacha or garden community, different standards apply.
Basic building codes
Before starting construction, you should study all the rules and requirements. It is important to correctly determine the location of the building, since placement too close to a neighbor’s plot or house is not allowed.
The main norms include:
- the residential building must be located at a distance of at least three meters from the border of the land plot;
- outbuildings are located at a distance of at least a meter;
- a toilet, sauna, bathhouse, compost pit are located at a distance of at least eight meters from the neighbors’ territory.
The distance is determined by measurements. The starting point is taken from the base of the building or from the wall of the building. If structures have canopies, loggias or other protruding elements, calculations are made from them.
What happens if you break the rules?
A citizen next to the fence with which the house is built must prepare in advance for several aspects. In particular, the presence of a small distance between the windows will create special discomfort. In addition, there is a risk of flooding the neighboring plot with sewage. A citizen risks losing part of his allotment, as it becomes necessary to install a fence to divide the territories.
It is possible to construct premises in violation of established rules. The main requirement is the consent of the owner of the second plot. When a residential building is being built on a neighboring site, it is necessary to clearly establish in what place the construction is planned.
The main point in this situation is that the citizen risks losing part of the territory that belongs to him. It is worth noting that when conducting a transaction for the purchase and sale of a land plot, this consent by the owner loses its relevance.
Do you need permission from neighbors for construction?
If there is a need to build a structure near the border of a neighbor’s property, this can only be done legally if the neighbor issues the appropriate written permission. If such a document is missing, the owner of the neighboring plot has the right to demand the demolition of the building in court.
Consent from neighbors may be required in different situations:
- construction of a residential building next to the fence;
- redevelopment in a residential building, if it affects general communications;
- reconstruction of the building, which involves performing noisy work.
In other words, if your work involves disturbing the optimal lifestyle of your neighbors, you must obtain written permission from them for such actions. It is not difficult to arrange it.
Before starting work, you must contact the owner of the site, to whom the planned changes are explained. If the neighbor agrees to such construction, then he draws up a corresponding consent.
To draw up a document, you must take into account some rules:
- a free form of the document is used;
- It is recommended to contact a notary for certification;
- accurate and reliable information about the land plot is indicated;
- Precise information about the parties is provided.
If you do not obtain permission from neighbors before starting construction work, this may lead to the owner of the adjacent plot filing a lawsuit. As a result, you will have to pay a fine or demolish the building.
The consent of the owner of the adjacent plot must include the following information:
- identification data of the parties - full name, passport data, registration address;
- addresses of land plots;
- registration data of documents confirming ownership;
- dimensions of a new house or outbuilding, indicating the number of floors;
- distance from the fence where the object will be built;
- diagram of the site where construction is planned;
- date of registration of consent;
- signatures of the owners with a transcript.
Before obtaining consent, you need to determine exactly where the building will be located. It is advisable to make a project and coordinate it with the authorized bodies.
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If you do not obtain the consent of your neighbors for the construction of a new facility near the border of the territory (in other words, if building codes are violated), then the consequences will be very unpleasant:
- accrual of penalties;
- removal of the building in accordance with Art. 304 Civil Code of the Russian Federation;
- impossibility of obtaining a construction permit;
- inability to register property rights to the constructed object;
- litigation with neighbors;
- payment of moral damages.
Thus, you should not start construction without agreeing with the owner of the adjacent plot. Without the consent of your neighbors, you may face the need to pay a large fine.
How to resolve a dispute between neighbors?
The construction procedure is quite lengthy. The beginning of this process is associated with the implementation of measurements and laying the foundation. When a citizen notices that there is a violation of building regulations, it is necessary to take action quickly enough. It will be much easier to make changes at the initial stage, that is, while the house is not built.
Sometimes it happens that a citizen living next door does not know what standards have been established. This fact will have a significant impact on the emergence of controversial situations. It is important to establish whether any of the citizens gave permission to carry out these construction works. When consent is found to be oral, this does not give it any legal force. For the other party to the conflict, such construction may threaten to cause damage.
ATTENTION !!! It is necessary to try to resolve the issue through peaceful means. This can be done by explaining to the citizen that carrying out these construction works is illegal. In addition, it is indicated that these actions pose a threat. If the measures taken have not given the desired result, then it is necessary to begin preparing for the trial. In this situation, there is no need to carry out construction work.
It is necessary to invite an expert and take measurements. This indicates violations committed by citizens. It is necessary that all documentation with signatures and seals and in a couple of copies be properly completed. It is required to generate a violation warning. Such a certificate must be presented in person. If the person does not agree to sign, then registered mail must be sent using notice.
Ways to resolve the problem
So, it is much easier to prevent a controversial situation from arising than to win a trial. Construction is a long process, so there is plenty of time to come to an agreement with neighbors.
It is not always possible to immediately understand that a newly constructed facility will violate the interests of neighbors. However, once this has become clear, an attempt must be made to resolve the issue peacefully.
If your neighbor has already built his own house, you need to find out whether any of the co-owners of the land plot gave their consent in writing to such construction. If the document is missing, then you have the right to demand compensation from your neighbors for the damage caused.
Before starting the proceedings, make sure that you have all the documents on hand. You must have an extract from the Unified State Register of Real Estate confirming ownership, a technical plan and a boundary plan. If this does not happen, the neighbor has the right to demand land surveying.
In the process of carrying out boundary work, he can count on moving the boundaries a meter in your direction. It is likely that this requirement will be satisfied, since this meter is more important to him due to the presence of the building.
Peaceful solution to the problem
It is advisable to try to come to a compromise solution with your neighbors. If negotiations are successful, they must be formalized in writing.
Consent for the construction of a building is written arbitrarily. However, it is recommended to consult with a lawyer in order to draw up a competent document from the point of view of Russian legislation.
Proceedings in court
Once formed, the claim is sent to the district court division in the place where the house is located. This act requires a brief description of the situation that occurred. However, it needs to be reflected more fully. It is necessary to register that fire safety and sanitary standards were violated during construction work.
This poses a threat to the citizen’s property. In the final part of the act, it is necessary to state the requirement regarding the completion of construction and demolition of the erected structure. Next, a list of attached acts, the date of formation of the document and the signature of the citizen are written down.
The following acts are attached to the application:
- urban planning documentation, which specifies the size of the territory allowed for construction;
- boundary acts reflecting the location of the border;
- a conclusion issued by an expert that there is a violation of building regulations;
- an extract made from the Unified State Register of Real Estate, indicating the existence of legal rights of ownership of a plot owned by a citizen whose rights have been violated;
- a similar act on the neighbor’s plot.
IMPORTANT !!! The judge is considering the controversial situation. If it is determined that there is a violation, then a decision is made on the need to demolish the structure and an enforcement act is issued.
The managing partner at the Zagorodny Stil real estate agency, Petr Manko, answers:
Ignorance of the laws does not relieve one from responsibility for their failure to comply.
Unfortunately, your situation is quite common, and there are not many ways out of it. In my opinion, the only way that will allow you to sleep peacefully and use this property in the future is to redistribute land plots with your neighbor. Simply put, buy part of his plot from him for money in order to ensure compliance with urban planning regulations. Your task is to ensure a distance of three meters from your neighbor’s border to your house. Such an event will require certain costs, and the price of purchasing these several tens of square meters. m will be rather large, but I would not consider other options. Do I have to get permission to add an extension to my house?
Is it possible to register a guest house on individual housing construction?
How to determine plot boundaries
This step will determine your rights. In the documents, you should check the formalized rights of the owner, the availability of documents from the cadastral chamber and how complete the land surveying process is. This is where the boundaries of your property are defined. Maybe there is an agreement on the location of the neighbor's house? Such a written document practically deprives us of the opportunity to change anything.
It is more difficult when you have not formalized the right to a land plot. A neighbor can do the first land surveying. And here the law will be on his side. He has a house, which means the requirement to move the boundaries of your site by a meter will be legal.
The most accurate determination of boundaries is possible after land surveying. This can be done by special companies that can carry out geodetic work. Upon completion of the work, you will have a certificate in your hands. This is an official document that can be submitted to various authorities.
When surveying, the consent of the neighbor in a special act will be required. If a neighbor has already built a house on the boundary, what to do? He will naturally refuse to sign the documents you require. Be sure to get advice from a cadastral chamber specialist on this issue.
Consider the possibility of involving a lawyer at this stage of solving the problem. This decision will make your life easier. The specialist knows where, when and in what form to apply.
