Use of the adjacent territory of an apartment building

On the procedure for making decisions on the use of local area

The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) often receives requests from owners of premises in apartment buildings about violations in the use of land adjacent to the apartment building.

The Inspectorate considers it possible to clarify the following.

In accordance with paragraph 4 of part 1 of Article 36 of the Housing Code of the Russian Federation, subparagraph “e” of paragraph 2 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, the composition of the common property of owners of premises in an apartment building The house includes a plot of land on which an apartment building is located, and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping.

Part 5 of Article 16 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” establishes that from the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other The real estate objects included in such a building shall pass free of charge into the common shared ownership of the owners of the premises in the apartment building.

This is important to know: How to determine the size and boundaries of the local area of an apartment building

To determine the procedure, information about the land plot is of fundamental importance, which is publicly available on the Internet on a public cadastral map, and can also be obtained for a fee from the Federal State Budgetary Institution “Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography” in the Perm Territory .

If there is no information about a land plot in the Unified State Register of Real Estate and, accordingly, the land plot on which the apartment building is located is not in the common shared ownership of the owners of the premises, the local government body has the right to dispose of the plot.

In this connection, any use of a land plot in the local area (organization of car parking in the local area, placement of a fence, barrier, shopping facilities, etc.) indicates a violation of land legislation and is the basis for contacting the local government body.

In this case, there is no basis for an inspection by the Inspectorate.

If the land plot on which the apartment building is located is in common shared ownership of the owners of the premises of this house (registered with a cadastral number, the boundaries of the plot are determined in accordance with the requirements of land legislation, the plot has the type of permitted use: for an apartment building), then any restriction on the use of common property (land) indicates a violation of the law.

The decision on the limits of use of the land plot on which the apartment building is located, in this case, is made at a general meeting by a majority of at least two-thirds of the total number of votes of the owners of the premises in the apartment building (clause 2 of part 2 of Article 44 of the Housing Code of the Russian Federation).

If the decision on the use of common property (land) was not made at the general meeting by the owner of the premises or, when making it, violations of the Housing Code of the Russian Federation were committed, if the decision was made and implemented by unauthorized persons, outside the competence of the meeting (for example, the decision was made at the general meeting of members of the HOA ( housing cooperative), the sole chairman of the board of the HOA (housing cooperative), an official of the management company that manages the apartment building, the chairman of the board of the apartment building, several owners of premises, including non-residential premises in the house, tenants of premises in the house) owners of premises in an apartment building has the right to apply to the Inspectorate for an inspection, indicating in the application specific facts of violations, attaching to the application (if available) copies of decisions of general meetings, photographic materials, documents of correspondence on the specified problem.

We remind you that an appeal to the Inspectorate can be submitted electronically only through the GIS Housing and Communal Services, in writing by mail or in person directly to the Inspectorate.

Claim for demolition of unauthorized building

The obligation to demolish an unauthorized structure as a sanction measure In what cases is the demolition of an unauthorized structure carried out: judicial practice The decision on the demolition of an unauthorized structure: a resolution of 2021 (practical example) The procedure for the demolition of unauthorized buildings with the peculiarities of law enforcement The concept of unauthorized construction, unauthorized construction in law enforcement practice Unauthorized construction ( hereinafter - SP) should be considered a structure that has any of the listed characteristics (Article 222 of the Civil Code of the Russian Federation):

it was created without appropriate permission;
with a significant violation of city and/or architectural and construction standards;
built on a plot contrary to the intended use of this plot of land;
infringes on the rights and creates a threat to the life and health of citizens;
erected on an unprovided plot of land.

This is important to know: Law on hoods in apartment buildings in 2021

What is included in the rules for maintaining local areas of multi-apartment residential buildings?

The issue of the condition and maintenance of the local area is raised everywhere at general meetings of homeowners. It’s rare that an apartment building can boast that its area around the house is clean, tidy, and landscaped.

If you believe that your home management organization is not doing everything possible to maintain the land in proper condition, then it is your responsibility as the owner to familiarize yourself with the maintenance rules in order to know what you can expect and what to expect from your property. management organization.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Who is the owner of the local area of the apartment building?

Quite often in Russian courtyards of apartment buildings you can see garages built in close proximity to the main housing. Sometimes they are right next to each other. In accordance with current legislation, buildings of this kind are illegal, so they can be quickly demolished.

But why then can some garages stand for decades near an apartment building, and nothing happens to them? Is it possible to legalize a garage in the local area of an apartment building? How to act correctly in this situation, who to contact? Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact a consultant:.

The law does not prohibit building a garage near an apartment building if this procedure is carried out in accordance with a number of regulatory requirements. Construction alone is not enough - the construction will have to be legalized. In most cases, registration is carried out after the unauthorized construction is completely ready.

There are a number of legislative acts that regulate the specifics of construction and further registration of such structures.

They are available both in Federal legislation and the Civil Code. The introduction of this law into legal force significantly contributed to simplifying the procedure for registering a number of buildings and the land on which they are located.

Garages are included in this number. The Civil Code has four articles regulating the construction of garages in local areas: The construction of garages on the adjacent plot is still possible. But future owners will have to prepare carefully, since the registration procedure includes a large number of nuances and pitfalls.

What is the fee for apartment building management services? See here. Installation procedure To ensure that the installation of a garage in the local area of an apartment building is successful, you can use one of the methods indicated in the list:. If you decide to try to obtain official permission, contact your local municipality's architectural department for assistance.

At the same time, visit your local BTI office. It is also recommended to seek help from the staff of the special Commission, which has a full range of powers to suppress unauthorized construction and squatting.

This is important to know: Is a garage a real estate property?

Its representatives will determine the unauthorized construction of the facility based on at least three criteria: It is important that the residents are not against the fact that you have built a garage on the territory of the apartment building. Otherwise, the likelihood of obtaining the necessary documents, while simultaneously legitimizing the right of ownership of the object, becomes almost zero.

To build a garage in the courtyard of an apartment building, you will have to obtain official permission. But practice shows that in most cases, documents are drawn up after the property has already been built.

In this case, you need to seek help from BTI representatives, who must issue an official document assigning unauthorized status to the building. To legitimize, you need to go to representatives of the district administration. To resolve the issue of legitimizing the unauthorized construction of a garage for its subsequent registration as property, you will have to deal with the most difficult problem - land registration.

This procedure consists of establishing the legal status that the land plot has. Such an event has a high chance of failure. From the point of view of legislation, this is, in fact, an unauthorized seizure of land, because it may belong to: The only correct option would be to seek help from a court with a corresponding claim.

The owner of the building will have to prove that it belongs to him. Accordingly, the issue with the land is resolved only after the official permission, which we mentioned above, is received. In accordance with the Housing Code of the Russian Federation and other regulations, the usual registration of all permits will be impossible, because at the same time it will be necessary to obtain the support of the municipality and residents.

Before contacting special authorities, you will have to prepare in advance the following package of documents for transmission:. And this is not a complete list - depending on the characteristics of a particular situation, it may be supplemented.

What is the procedure for terminating the management of an apartment building? Information here. Where can I get the house register of an apartment building?

Details in this article. How to legitimize if installed unauthorized? In case of independent construction without permission, the sequence of actions will be as follows:. The procedure for registering a garage as a property is long, but if the answer is positive from the municipality or court, you have the full right to use the garage at your own discretion.

Legal assistance hotline. Apartment buildings. Read about smoking in the stairwell of an apartment building. Find out how to switch to direct management of an apartment building. Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.

Legislative framework

Citizens of the Russian Federation can familiarize themselves with the regulations, which to one degree or another tell about who is responsible for the maintenance of the local area, as well as what actions need to be taken to ensure that the area remains clean, well-groomed and landscaped.

In order to find this act, it is necessary to rely on the date August 13, 2006. It is these rules that classify a plot of land with a house and buildings located on it as the common property of an apartment building, which means that the common property must also undergo improvement and maintenance procedures.

Many homeowners rent out the local area if such activity will generate income.

In accordance with Article 158 of the Housing Code, all owners of premises who live in a given house or are owners of real estate must participate in expenses that are aimed at maintaining the territory in proper form. At the same time, the amount that each specific owner alienates to maintain the local area in proper form depends on how much area of the apartment he occupies.

The larger the area, the greater the amount of deductions . More details about how the amount of money collected from tenants is calculated are stated in the Federal Law on the implementation of the Housing Code, namely in Article 15.

Sanitary condition: features for multi-apartment residential buildings

In the matter of maintaining the local area in proper form, one cannot help but pay attention to the term “sanitary maintenance”. The concept of sanitary maintenance refers to a single set of procedures and works that include actions to repair the housing stock.

The maintenance of a specific local area is a set of works that is basic and helps to maintain the condition of the territory in accordance with the standards and requirements established by sanitary-epidemiological and environmental services and requirements.

Closely related to this term is the term improvement. It refers to a set of works that are aimed at improving the aesthetic characteristics of the territory. To give an example, sanitary maintenance and improvement include placing garbage cans away from playgrounds and recreation areas.

The range of sanitation services includes cleaning activities that are used by all homeowners in an apartment building.

Employees of the management organization or the homeowners themselves must disinfect the premises and systematically remove garbage and snow. To maintain your home in a well-maintained state, you need to pay attention to mowing the lawns, planting flowers in the flower beds, and caring for the plants.

Landscaping also includes the manufacture and installation of metal fences, painting of facades, gates, grilles, installation of benches and their maintenance.

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Arrangement of children's playgrounds.

It is difficult to imagine a cozy courtyard of an apartment building without a children's playground. The presence of children's playgrounds is a fact that the building has an established infrastructure, which means that an apartment in this building may cost slightly more than in others. However, playgrounds must also meet certain requirements:

First of all, they must be located at a certain distance from roadways, places where garbage cans are located, as well as from technical premises.
Playground structures should be as safe as possible.
The structure on the playground must be strong and well secured.
Deformed structures must either be corrected or removed to avoid traumatic situations.
If possible, playgrounds should be fenced with an appropriate fence or hedge to make it difficult for a child to enter the roadway or courtyard area.

Also, the employees of the management company have the responsibility to correct various deformations and breakdowns. The playground should be designed for children of different age categories.

Asphalting

Asphalting the area in the yard is an issue decided by management companies and residents . Of course, everyone inhabiting the house wants to move on a flat and smooth surface, and not climb over clods of dirt.

In order to asphalt the local area, a special fund must be created, where residents must contribute money for the work of laying asphalt. There are certain standards that must be taken into account when laying asphalt paths. It is not recommended to use fine-grained asphalt, as it is most prone to pitting. Also, the layer of asphalt coating must be at least 15 cm.

Land surveying procedure

The procedure for surveying the territory under an apartment building is considered in Federal Law No. 78 on land management. In accordance with Article 11.10 of the Land Code, land surveying is carried out in accordance with urban planning legislation . Why is this procedure necessary?

The need for land surveying is due to the fact that owners of multi-apartment premises want to know exactly where the boundaries of their property end in order to prevent illegal buildings. Unfortunately, very often gullible owners who have not carried out the land surveying procedure are deceived, and various cafes, shops, paid parking lots, and so on appear on their territory.

Knowing the boundaries of their local area allows owners to carry out the following actions:

They can rent out part of the plot, thereby receiving money for maintaining the house.
They can fence their territory in order to prevent other people's cars from entering the yard.
They can install a barrier at the entrance to the territory.
They can install new landscaping elements, from playgrounds to recreation areas, without fear of touching someone else’s territory.
Border delineation must be carried out by the appropriate cadastral engineer, an employee of the cadastral chamber.

Use of the site as a whole, including for walking animals

Each resident of the house should know how his plot can be used, and for what purposes the law prohibits it. What can you do in your local area, and what should you avoid?

There are several options for using the area in front of an apartment building:

a park area may be located on it;
relaxation area;
playgrounds;
Walking animals is allowed;
installation of cars of residents of this house is allowed;
garbage containers are located;
by agreement of the owners, part of the territory can be rented out;
Various events are permitted.

We should also talk about dog walking. Many owners who have an antipathy towards animals are perplexed why not ban walking dogs in the local area.

In fact, this can be done with limitations. Dogs are not allowed near recreation areas and playgrounds . The dirt that animals leave behind should primarily be removed by the owners, who are responsible for the maintenance of their local area. Therefore, it is necessary to stock up on disposable bags with you.

Are buildings on the local area an unauthorized seizure of land?

Will I avoid a fine for unauthorized land occupation if I tear down the fence before the case is considered?
Is it legal to fence a local area while encroaching on a road?

In the spring of 2013, administration staff inspected the local area of house No. 02 and established the initial stage of construction of a garage on the site between houses No. 01 and 02. When they went to the site during the court hearing, it was established that in the local area occupied by residential building No. 02, construction of a real estate property, the foundation and part of the walls have been erected. The rightmost wall of the building runs along the boundary of the neighboring land plot occupied by residential building No. 01. During the inspection of the disputed structure, taking into account the characteristics laid down during its construction (area, the presence of an opening about 2.5 m wide for the entrance gate), as well as the location on a plot of land opposite the entrance to the yard in this part, the court came to the conclusion that the building being erected is an unfinished garage.

Having listened to the explanations of the parties, questioned witnesses, and examined the case materials, the court found that the building being erected by the defendants is unauthorized, its construction was carried out in significant violation of town planning and building codes and regulations, which also violated the rights of the plaintiffs. By a decree of the head of the administration of the municipal district of Gusevsky Municipal District, the owners of the premises of apartment building No. 01 were transferred free of charge into common shared ownership of a land plot that has a permitted use - occupied by an apartment building and the territory for its maintenance, put on cadastral registration, its boundaries are established on the ground. Residential building No. 02 is located on an adjacent land plot, the boundaries of which at the time of consideration of the case were agreed upon, and the issue of registering the land plot with cadastral registration was being decided.