Neighbors' consent to a fence: whim or necessity

The desire to protect your privacy and ensure the safety of your garden, vegetable garden and other property suggests the idea of building a strong, reliable fence around the site. But construction may affect the interests of other people.

To avoid conflict situations, it is advisable to coordinate this action with the owners of neighboring houses and obtain official permission to build a fence.

If in order to obtain the consent of neighbors it is enough to discuss the situation with them and reach an agreement over a cup of tea, then with local authorities the situation is different.

They have very specific requirements for the construction of fences. And the closer to the city the fenced area is located, the stricter the requirements and control over their compliance.

Conditions for building a fence in the city

Construction around a site in a populated urban area falls under the wording “external improvement facility” and is regulated by the Town Planning Code of the Russian Federation. It is not clear to everyone whether a permit is needed to build a fence in this case.

For the planned fencing, it is necessary to develop a full-fledged construction project and coordinate it with the structures of the state architectural and construction supervision (GASN) and urban planning.

The construction project for obtaining a permit includes a number of documents:

document on ownership of the land plot;
geodetic diagram of the site and adjacent territory on a scale of 1:500 (included in the project);
diagram of the vertical layout of the site in the presence of a significant slope (included in the project);
design drawings on a scale of 1:50 (included in the project);
sketch drawing of the finished fence (included in the project);
explanatory note to the project (technical design, strength calculations included in the project);
other documents upon request.

The presence of an approved construction project is often in itself a sufficient basis for approval of a permit.

The permit to build a fence is valid for 3 years (Article 62 of the Town Planning Code of the Russian Federation). If construction is not started within this time, then upon expiration of the period you will have to obtain permission again.

The received construction permit and design documentation must be registered with local authorities.

An example of an agreement with neighbors to install a fence

Info Each region has its own rules for installing fences, which are related to climatic conditions, the topography of the area and many other factors.

In addition, before contacting the judicial authorities, you need to make sure that the rules of planning and development of territories have been violated.

According to paragraph 5.3.4 of SP 30-102-99, it is known that the distance to the fence - the border with the neighboring plot - should be at least 3 meters, from the trunks of tall trees - 4 meters, and from other buildings and even plants - at least 1 meter .

Fence between neighbors in the private sector - how to avoid disputes and not break laws

Another possible reason for refusal is a ban on fencing in a specific area due to the location of engineering structures and communications on it (electricity, gas, etc.).

A municipal specialist will advise on the construction requirements for fencing adopted in a particular locality. Below we will talk about the general rules approved in SNiP.

Advertising block: A fence from neighbors in the private sector must be built taking into account established standards.

Let's consider each criterion in more detail. The height of the fence between neighbors should be such as not to obscure their land plot.

Sample agreement with neighbors on the construction of a fence

1 >>> If your neighbor doesn’t want to see you, then let him put up the fence he wants and not see you.

And also, neighbors will no longer have questions about the legality of classifying this or that territory as your property.

Fences between areas are erected and, if necessary, changed by agreement between neighbors, unless the detailed layout or design conditions provide otherwise.

Among other things, there is a possibility that a building permit will be required from the district administration.

We can consult with you on the issue of how to install a blind fence between neighbors without their consent.

If the plots are registered in the cadastral register, then you should carefully study the cadastral passports of the plots. Possession, use and disposal of the common property of the spouses is carried out by mutual consent of the spouses.

Bathhouses, garages and other buildings that are not intended for raising livestock or living in can be built at a distance of at least one meter from the neighboring plot.

If there are violations, the constructed object will be considered an unauthorized construction. A neighbor is building on the roof of his private house in such a way that snow, after coming off the new roof, will fall on my territoryread answers 2 Topic: Is consent necessary? Is consent between neighbors required to be certified by a notary?

Fence between neighbors: how to avoid conflict?

The document specifies parameters for height, transparency, fire safety standards, sanitary requirements, etc.

The main questions that may arise are how high the fence should be and what its structure could be.

What can I do? If the neighbor agrees to such construction, then he draws up a corresponding consent.

This consent is certified by me, Elena Leonidovna Rusinova, acting notary of the Central Notary District, Vera Petrovna Abramova, postal address:

Construction of a greenhouse: disputes with neighbors and assistance from a lawyer In addition, before contacting the judicial authorities, you need to make sure that the rules of planning and development of territories have been violated.

What can I do? Each of the participants in joint ownership has the right to enter into transactions for the disposal of common property, unless otherwise follows from the agreement of all participants. Please note that you will not have to defend the lack of agreement on the conflict issue.

All documents have been in hand for a long time.

Distance to the neighboring plot when building a house Construction permit from neighbors Building your own house requires obtaining various permits. This document says only one thing: in the event of demolition of this fence, you are the owner of the elements of this fence - posts, chain-link, etc.

If you want to find out how to solve your particular problem, contact a consultant: In Art. In addition to a fine, demolition of the object may be required, so every person who wants to build a house on their territory must decide in advance on the optimal location for it.

The exact determination of boundaries is carried out by a cadastral engineer who is licensed to carry out such activities. Unfortunately, it looks the search requests sent from your IP address are automated.

You must first obtain the appropriate permission.

We tell you step by step how to do this:

Coordinate the boundaries of the site with the owners of neighboring plots. To do this, first study the plans - cadastral and boundary plans - in order to determine the delimitation of the plots. Then you sign an act of approval of boundary boundaries with your neighbors.

However, guided by SNiP, local authorities of these settlements can legally establish their own standards, adjusted, for example, to the climatic conditions of their region or the relief features of the area.

SNiP recommendations: transparency of the fence Another important requirement for boundary fencing is transparency of the structure.

To prevent neighboring areas from being obscured by the new fence between neighbors in the private sector, SNiP requires the installation of a fence with a transparency of at least 50%.

Coordination of the fence between neighbors

1120 lawyers are now on the site Hello, there are two plots of individual housing construction, one of them belongs to me.

To build a blind fence 2 meters high, I must obtain permission from a neighbor, tell me, are there standard forms for such consent, and should I receive it at all? September 09, 2014, 08:47, question No. 552769 Pavel, Mr.

Vsevolozhsk

Victoria Dymova Support employee Pravoved.ru Try looking here: You can get an answer faster if you call the free hotline for Moscow and the Moscow region: 8 499 705-84-25 Free lawyers on line: 6 Lawyers' answers (3)

Lawyer, Moscow Chat Hello Pavel! Based on SP 53.13330.2011. Set of rules. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures. Updated edition of SNiP 30-02-97*" (approved by Order of the Ministry of Regional Development of the Russian Federation dated December 30, 2010 N 849): 6.2. It is recommended to arrange along the perimeter of individual garden and dacha plots mesh fencing. By mutual written consent of the owners of neighboring plots (agreed upon by the board of the horticultural, dacha association), it is possible to install other types of fences. By decision of the general meeting of members of the horticultural, dacha association, the installation of blind fences on the side of streets and driveways is allowed. Thus, you must make such mutual written consent with your neighbor and agree on it with the board. There are no specific forms; you can write it in free form. Or your board may already have such forms if you are not the first with such a “problem.” Hope. September 09, 2014, 12:30 Was the lawyer’s response helpful?+ 0 — 0 Client clarification But I don’t have gardening, but individual housing construction, the mentioned joint venture refers to gardening/dacha associations. September 09, 2014, 1:14 pm

All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.

Lawyer, Moscow Chat But I don’t have gardening, but individual housing construction, the mentioned joint venture refers to gardening/dacha associations. Pavel I apologize for not paying attention to this. Individual housing construction has a different set of rules. But here it will most likely be different analogies, but you still need to find a regulatory document. I’ll post it in the next message. 09 September 2014, 13:29 Was the lawyer's answer helpful? + 0 — 0
Lawyer, Moscow Chat Pavel, the main document establishing the requirements for fencing plots can be considered the Land Use and Development Rules. This is a local collection of norms regulating construction issues on the territory of a municipality. As a rule, fencing between plots is installed only by mutual agreement between their owners. When installing a fence not made of mesh material, a written contract (agreement) should be drawn up so that there are no problems in the future. I found your local one, if I understood the region correctly. Best regards.

Source: https://rusdolgi.ru/primer-oformlenija-soglashenija-s-sosedjami-ob-ustanovke-zabora-29860/

Conditions for the construction of fences in SNT and cottage communities of individual housing construction

Construction around sites in the villages of gardening partnerships (SNT) must comply with the Charter of the partnership.

It lists three types of fences: front, side and between properties. There are separate conditions for each.

Front fence

It encloses the area from the street side, can be solid and opaque, up to 2.5 meters high. However, for fencing on the front of the house, the requirements may be to comply with the architecture of the house, have a beautiful appearance and be inaccessible to uninvited visitors.

Requirements for fences in rural areas

The conditions that govern the construction of fences in rural settlements generally repeat the general requirements described in SNiP 30-02-97:

height limitation to 2.5 m to ensure normal street illumination;
no threat to passers-by or animals.

If there are sharp elements in the structure, they should be directed straight upward. It is prohibited to use barbed wire at human height.

When constructing a solid foundation wall, it is necessary to provide holes for water flow. The distance from the fence to the house is at least 3 meters, to the nearest buildings on the site should be at least 1 meter, to the poultry house and barn - at least 4 m.

How to write?

Before you begin drawing up a conciliation document, you should consider the following recommendations for its preparation:

It must be in writing (printed or handwritten) and cannot be considered provided only from the words of neighbors.
It is provided only by owners of neighboring plots whose interests may be affected by the construction of a fence. Installing a fence between neighbors in the private sector? It cannot be issued on behalf of their family members, tenants or persons occupying the territory on other grounds.
Accurate information about the construction initiator, his neighbors, and the land plots themselves is indicated, which will allow them to be easily identified if necessary.
The date corresponding directly to the date of preparation or signing is indicated.
It is secured by the personal signatures of all persons indicated in the document.

If you build a fence without permission

You can put up a fence without a building permit. Failure to obtain approval for the construction of fences outside cities does not entail any liability.

The owner has the right to erect any non-permanent structures on his site without any special permits.

However, when constructing fences without approval, there is always a risk of violating the rights and interests of neighbors, and this is fraught with conflict situations, complaints and proceedings.

Agreement on the construction of a fence along the boundaries of land users of the plots

you can on our website.

If an inspection reveals violations of building codes or fire safety requirements in the structure of the fence, the owner may be required to demolish or remodel the fence in accordance with the standards.

Obtaining permits and approvals from neighbors will eliminate both conflicts and unnecessary communication with supervisory authorities.

The situation with the construction of a fence within the city is completely different. Since fences are subject to the regulations of the Town Planning Code of the Russian Federation, obtaining a permit is mandatory.

How to write?

An agreement between neighbors to install a fence at the boundary is necessary so that in the event of a conflict situation, disputes between neighbors or a change in the owner of the property, there is no need to demolish or change the fence.

An agreement is drawn up if the fence differs from the standards established by law. For example, height or density exceeds established standards.

Important! It is believed that the agreement can be drawn up in simple written form. Art. 421 of the Civil Code of the Russian Federation allows citizens to enter into any agreements that are not prohibited by law.

A Art. 163 of the Civil Code of the Russian Federation requires mandatory notarization only for those documents for which such a requirement is specifically established.

There is no required notarial form for an agreement between neighbors to erect a fence on a plot of land. However, it is advisable to contact a notary office.

The main reason is the possibility of selling the house and land. In this case, the new owners may be dissatisfied with the current order. A simple written agreement can be challenged in court.

To avoid such a situation, it is advisable to have the signatures of the parties certified by a notary.

Obtaining permission to build a fence

When a fence is built along with a house, permission can be obtained immediately. The procedure is carried out quickly, regardless of the authority.

If the fence is installed separately, the documents will take a long time to be verified.

What documents are required

To obtain permission to install a fence, you must collect:

an act confirming the right to ownership of the plot (extract from the cadastral book);
a copy of the real estate registration card certified by a notary;
geodetic diagram with a scale of at least 1:500;
location of trees on the site indicating the surface topography;
drawing of the fence, its section (scale 1:50);
retaining wall plan;
technical calculations, description of the fence;
expert opinion on compliance with standards;
degree of translucency of the fence (not in all cases).

If the fence will be built next to an architectural monument, you must attach a photograph of the building (facade) to the documents. You will also need to specify the color of the fence so that it matches the building.

Where to go to get permission

To prepare documents for the construction of a fence, you will have to spend a lot of time.

List of authorities that need to be passed:

GASI (state architectural construction inspection);
committee for the protection of monuments, if they are nearby;
beautification committee;
public utilities (energy company, water utility);
landscape architecture department;
local road safety inspection department.

Ways to protect rights

Another important circumstance will be whether your neighbor notified the relevant authorities about the construction or not , if not, then it will be considered an unauthorized construction , if the land is for private plots or individual housing construction, if it is SNT, then this is not required.

First, you can write a statement to the local administration that you have discovered an unauthorized building that was built in violation of SNIPs and the legislation on urban planning and architecture, that your rights have been violated.
As evidence, you can order an extract from the Unified State Register for a building for which there will be no , and photographs of the building close to the fence.
The administration can either issue an order to demolish the building , or after an indefinite period of time go to court for demolition (but this can wait for years).

Naturally, the neighbor will ignore the order, but your problem will remain.

Next, you apply to the court with a corresponding application for demolition or an obligation to reconstruct the structure.