Fencing the local area of an apartment building - useful tips. Installation of fences in the local area Demolishing fences around houses
The desire to live in a quiet, cozy place where you don’t have to worry about the safety of walking children is a natural desire of every person. Therefore, the desire of residents of walk-through yards to protect themselves from the endless flow of cars is quite understandable.
But not all types of barriers are appropriate or legal. Let's try to figure out together how to protect the local area of a residential apartment building without violating the rights of car owners and other residents.
The Land Code of the Russian Federation defines the local area as land adjacent to an apartment building and at the disposal of all homeowners. The right to a land plot is not supported in writing and exists in oral form.
It turns out that residents can use this area at their own discretion: erect all kinds of barriers, install playgrounds or organize parking under their windows, in other words, improve the area for a comfortable life for all neighbors in the house.
Who do fences protect from?
The first step is to limit access to the local area for persons who can cause damage to comfort facilities (for example, children's playgrounds).
These include:
- homeless people;
- animals;
- passing vehicles;
- other strangers.
To do this, before starting to develop the local area, it is necessary to install reliable fences.
Types of fencing
Fences separate access to the area.
Complete access ban
Such protection of the area around the house can include decorative shrubs or other vegetation, as well as stone or metal fences no more than two meters high.
The first option is not widely used due to the need for constant maintenance of the hedge. In addition, this method is not able to protect against unauthorized entry into the house, but only serves as protection against unauthorized parking of cars.
The second one is much more popular. The low price and more serious protection, especially with a high fence, speak in its favor.
There is no talk about the reliability of such methods against attacks by outsiders. They completely protect the adjacent territory of an apartment building only from the passage of vehicles.
It’s another matter when the full fencing method is used in new houses, where video surveillance with an intercom or a specially hired concierge is provided. Its advantages are the unhindered passage of the residents of the house and good protection from strangers.
You can safely decorate your local area and not worry that vandals will loot or ruin your work. The disadvantage is the monthly payments for security of your home.
Partial access denial
We are talking about a barrier. Not a bad way to restrict vehicle traffic. The only thing is that installing a barrier requires special permission and coordination with emergency services (fire, police and ambulance).
Partial ban on access to part of the local area
Such a fence is called a target fence. You do not need to obtain special permission for it. Typically, metal mesh fences no more than three meters high are used for such fencing. They are used to separate sports fields, parking spaces or garbage containers.
In Soviet times, it was popular to restrict access to the playground using old car tires painted in bright colors or flower beds, which not only became an obstacle to cars, but also served for aesthetic purposes and beautification of the local area. You can use these ideas now.
Denying direct access to a specific object
These barriers usually consist of wooden planks and are used by utility companies during construction or renovation work to ensure the safety of the public.
Legal approval
The owner of a private house can choose any type of fencing from a wide variety of materials that is financially accessible to him. He does not need to obtain permission or coordinate his decision with government services, much less ask permission from his neighbors, because the land plot is his full property.
But with the territory of an apartment building, everything is not so simple. Here it is necessary to take into account the opinions of all residents and fire safety standards, because the land near the house is equally the property of all persons living in it.
First of all, you should raise the issue of installing a fence at a general meeting of residents of an apartment building.
Once the support of most of them has been received, you can develop a fencing design and obtain approval for installation from the following services:
- architectural and construction inspection;
- regional emergency department;
- police;
- Ambulance.
If the approval of the listed services has not been received, the fence is subject to demolition by court decision. You should not neglect the installation rules, because homemade fences can not only become a source of inconvenience for neighbors, but also block the path of emergency services rushing to a call.
Installation of illegal fencing
Despite quite understandable arguments, there are residents who install illegal fencing. They can impede access for emergency services and create a nuisance for other neighbors.
Once an illegal fence installation has been identified, the following actions can be taken.
- Request documents confirming the legality of the construction.
These include: minutes of a general meeting of residents with a written decision of the majority to install a fence or paper from the relevant authorities confirming the inclusion of the territory in the cadastral plan of an apartment building. In the absence of these documents, the installation of a fence cannot be considered legal.
- Design fencing in accordance with existing laws and regulations, taking into account the interests of all owners of the high-rise building.
- If the requirements of paragraph 2 are not met, the fence is subject to immediate demolition. However, you don’t need to do this yourself; there are special bodies for this.
To get rid of illegal fencing, you can follow the following plan.
- Apply to the city government with a request to deal with the unauthorized fence.
- It is necessary to indicate the address of the apartment building, as well as the cadastral number of the plot on which the unauthorized building is located.
- It is advisable to support the application with a photograph of the illegal fence.
- Register your application.
After successful registration, no more than 30 days should pass before demolition.
If you have been proactive, received the consent of your neighbors and gone through all the paperwork, stick to it until the end. There will always be dissatisfied people who will interfere with the implementation of the conceived idea.
First of all, these are motorists from neighboring high-rise buildings who find themselves without parking spaces, as well as small dirty tricks who will no longer be able to cause trouble for respectable people.
But these are all minor things. Soon everyone will calm down and you can relax, and your neighbors will thank you for creating comfort in your common home.
Heavy snowfalls in February forced owners of sedans, hatchbacks and even a few crossovers to pick up shovels and clear a parking space near their home.
And just imagine, yesterday you sweated for two hours to find a place for your car... Today, with the hope of parking in the same place, you are rushing home from work. But that’s not the case: a lazy neighbor’s car is “mean” parked in your cleared space.
An adequate motorist, of course, understands that the driver has every right to park where the law allows him. After all, this is not your place, you did not buy or rent it, and the fact that you cleared the snow does not prohibit other car owners from parking your car. This is, of course, true, but from a moral point of view, the neighbor is wrong - it’s somehow not humane. However, if in “your” place there is a car that is unfamiliar to you, then there can be no complaints.
Every year, every winter, it becomes more and more difficult for motorists to find a place to park their car in the yard of their home. Yes, at home or at work, sometimes you drive around for half an hour looking for a free place, and sometimes you just want to turn around and go home. This pressing problem of big cities has inspired some car enthusiasts to “fence themselves out”. And as a result, in many courtyards we can often observe a home-made structure in the form of unauthorized posts and chains, fencing off a parking space. It also happens that motorists, before leaving, block “their” place with an ordinary pallet or chair.
And as you all understand, such parking is illegal, it is prohibited by the Housing Code of the Russian Federation, namely Article 36, the right of ownership of the common property of the owners of premises in an apartment building.
However, you should know that if you decide to break these structures yourself, then your actions will also be illegal (this does not apply to moving a chair).
So what to do?
The removal of illegal structures should be carried out by the housing department (ZhEK). To do this, you just need to write a complaint addressed to the head of the housing office, or better yet a collective one (3-5 signatures will be enough) and send it by registered mail with acknowledgment of delivery or deliver it in person, but then in 2 copies.
Perhaps, at this point in the article, some readers will say: “It’s useless to write all these complaints, there will still be an unsubscribe.” And here I will argue with you - in my practice, many people complained that no matter where they turned on any issue, they always received replies.
But as soon as I started reading their appeals, everything immediately became clear. What else did they want? Whatever the complaint, such is the answer. Often it is the applicant’s own fault that he received an “unsubscribe”. It all depends on how competently the appeal is drawn up, how convincingly and reasonably the facts of violation of your rights are presented.
Therefore, I bring to your attention a sample complaint so that you don’t have to write one.
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Sample complaint about illegal parking barriers
I, Ivan Ivanovich Ivanov, on behalf of the residents of the apartment building (their full names with signatures and address in the attachment) am writing to you with a complaint about the unlawful actions of several residents of our building located at ________, expressed in the following:
So, these residents of our house installed metal posts and stretched a cable between them, thereby organizing illegal allocated parking in the yard. According to Art. 36 of the Housing Code of the Russian Federation, such actions are possible only after a general meeting of residents, which was not held, and it is also necessary to obtain all necessary documents and approvals from the Administration of the ________ district of ____________.
This structure now blocks most of the spaces in the yard, leaving the possibility of parking cars only near the road or in the depths of the yard. This structure is not marked in any way, and, accordingly, creates a danger for the movement of other cars and pedestrians, who can get caught on the tensioned cable and get injured. Also, in the event of a fire, fire trucks will not be able to enter the yard due to unauthorized fences.
Based on the above, I ask you to demolish the illegally installed structure in our yard and consider bringing the perpetrators to administrative responsibility, and, if necessary, send the inspection materials as appropriate to the competent authorities. Please send a response about the measures you have taken within the 30-day period established by law.
We enclose with the complaint the signatures of the residents on whose behalf you are applying, their full names and addresses. As well as photographs confirming this fact of violation.
Is it possible to complain about the hemispheres that block the passage?
Yes, in fact, it makes no difference what kind of structure is installed: bollards, bollards, barriers, hemispheres, concrete blocks... Nothing can be installed without permission.
What punishment awaits violators?
Punishment here is provided only for violation of fire safety requirements for the provision of passages, passages and entrances to buildings, structures and structures, Part 8 of Art. 20.4 of the Code of Administrative Offenses of the Russian Federation in the form of a fine on citizens in the amount of 1,500 to 2,000 rubles.
However, this option is only possible if the local area has been surveyed. In this case, the land next to your house is the collective property of all residents and belongs to them equally.
Simultaneously with the statement to the police, be sure to submit a written complaint to the traffic police, since illegal invaders of parking spaces have probably ruined the road surface. And here, in accordance with Art. 12.33 of the Code of Administrative Offenses of the Russian Federation threatens them with a fine of 5,000 to 10,000 thousand rubles.
What should I do if no action is taken on my complaint?
The police have 30 days to send you any response or react. If this does not happen, write a complaint to the prosecutor's office - they will respond there. To increase your chances of success, you can enlist the help of a lawyer.
Is it legal to install parking barriers?
Yes, although it is not easy. The algorithm will be something like this: a meeting of residents, the corresponding minutes of this meeting, signatures and to the administration for permission and all related documents. With this set of documents you can install bollards, blockers, and hemispheres...
Fencing the local area is an effective method for ensuring the peace of mind of its permanent residents and the safety of their material property. However, many people condemn this method, and sometimes even conflicts of interest arise among the residents and the surrounding population. The legality of erecting protective barriers and ways to avoid conflicts are in this article.
General means general!
In fact, there is no clear and consistent definition of what a local area is and what is allowed to be built on it. Only Article 36 of the Land Code of the Russian Federation gives an approximate definition, according to which the entire territory around an apartment building is common to all legally registered residents of this building. Accordingly, the law does not prohibit the construction of fences, vegetation, concrete beams, used tires to prevent unauthorized vehicles from entering the territory of the house. The fencing of the adjacent territory of an apartment building in the form of a fence or other obstacle must be approved only by the owners of the residential areas in this dwelling. In order for everything to happen legitimately, the person in charge of the house, the chairman of the HOA or the head of the management company, according to the initiative of the residents, creates an extraordinary meeting. At the meeting, by voting, the issue of any construction on the local area is decided. This can be not only the fencing of a common local area, but also the construction of a children's playground, gazebos, benches or parking spaces. Construction can only begin if the majority of residents vote for this initiative. The rights to dispose of nearby land in an apartment building are regulated according to:- paragraph 67 of Resolution No. 10 of the Plenum of the Supreme Court of the Russian Federation, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 04/29/2010.
- Federal Law “On the entry into force of the Housing Code of the Russian Federation” dated December 29, 2004 N 189-FZ.
Types and variety of fencing
Protection is protection, but when building a fence you often want it to be pleasing to the eye, somewhat unusual and attractive, and not a solid concrete barrier. In such cases, decorative shrubs up to 2 meters in size are used; this is quite enough to prevent unnecessary vehicles from having access to the common yard. Shrubs are capable of creating shade and have an outstanding appearance, but they require constant care. If there is no gardener in the house, and the residents do not express a desire to water, then a concrete beam up to 0.5 meters high or up to half, buried old tires is perfect. It is not so difficult to install a fencing obstacle; it is much more difficult to make sure that the majority of residents are happy, and this design does not interfere with functionality. Residents or hired workers installing fences must clearly understand in which cases the law may be violated. To do this, you need a clear understanding of the fencing procedure and its methods:- Full fencing. Complete isolation of the local area from the entry of cars. This gives parents peace of mind for small children, but creates problems with access to transport.
- Partial fencing. This involves installing a barrier and allowing transport under special permits.
- Target fencing. Thanks to this type of fencing, it is possible to isolate separate objects: garbage area, parking spaces, sports ground.
- Fencing as a barrier to direct access. Most often it is installed by utility services as a barrier to carrying out various work inside a residential building.
Conclusion
Of course, from a security point of view, surrounding an apartment building with a fence is an encouraging initiative. However, for strict and strict compliance with all standards and rules, this must be done according to the established procedure. The law will not be violated if the installation of fences in the local area receives permission from all government departments and gains the support of the majority of residential homeowners. Our company has extensive experience in handling such cases and is ready to offer cooperation in providing legal information and disclosing all possible nuances, as well as facilitating the legal receipt of permission to erect a fence for an apartment building.The norms of domestic legislation provide for the allocation of a special local area adjacent to a multi-apartment residential building. It is necessary to improve the level of comfort and quality of life of apartment owners through the arrangement of sports and children's playgrounds, recreational areas, and parking spaces for vehicles.
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It is quite natural for residents to want to install fencing around the local area of an apartment building in order to prevent damage to the objects installed on it, as well as to increase their safety.
The installation of various types of fencing is permitted by law, but only if all prescribed standards and requirements are observed.
General information
Complete and partial access ban
If it is necessary to ensure a complete ban on access to the local area, they resort to erecting a stone/metal fence or planting a green fence.
The second option looks attractive, but with its help it can actually only prevent unwanted parking near the house, while it does not provide real protection from hooligans and other undesirable persons.
A much higher level of security can be achieved with a high-quality fence made of stone, brick or metal. With a height of about two meters, they almost completely prevent unauthorized persons from entering the local area.
A barrier usually acts as a structure that provides partial prohibition of access to a site. It is intended primarily to prevent the free passage of motor vehicles through the territory.
Before installation, it is imperative to coordinate this with representatives of the emergency services of the area.
How are boundaries formed?
To avoid claims from ordinary citizens and authorized bodies, it is necessary to comply with the legality of forming the boundaries of the local area before installing fences.
The rules provide for the following actions:
- holding a meeting of apartment building residents, during which the consent of the majority of them for the installation of enclosing structures must be obtained, a protocol with the appropriate decision must be drawn up, and a representative must be selected to contact the authorized bodies;
- submitting an application for land surveying along with the minutes of the meeting and all necessary documentation;
- performing area calculations and determination by authorized bodies;
- registration of the territory in Rosreestr.
After implementing all these measures, you can deal with the paperwork directly for installing the fence, which will now be absolutely legal.
How to agree?
In a private courtyard, citizens have almost complete freedom of action regarding the installation of fences on their own territory. Homeowners in apartment buildings do not have such freedom, and decisions regarding the installation of such structures must be made by them collectively, taking into account the opinion of the majority. In addition, urban planning and fire safety regulations must be observed.
In this regard, the first step towards installing a fence around the house is to hold a meeting of homeowners and obtain the consent of the majority of them to install the barrier structure.
The installation of such objects must be agreed with:
- Department of Architecture and Urban Planning;
- police;
- ambulance.
Obtaining approval from all of the above authorities is mandatory, especially when it comes to installing barriers or other structures that impede the free movement of emergency vehicles.
If all norms and requirements are not observed during the construction of barriers, they will most likely subsequently be dismantled by court decision.
Where to complain about illegal installation?
Owners who are dissatisfied with the installed fence and consider it illegal must submit an application to the local government body with a complaint about the unauthorized fence. It is important to indicate the exact location of the plot and its cadastral number.
For greater efficiency, faster consideration of the application and a positive decision, it is advisable to attach a photo of the illegal object.
After the application is registered, the responsible persons must carry out work to demolish the fence within 30 days.
Responsibility
Its square footage, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, the management company that provides housing and communal services in a particular building calculates the costs of utilities - supplying electricity, removing garbage and maintaining cleanliness in general, etc.
If there are no documents for this site, and the rights to it have not been registered with government agencies, then the costs of its maintenance fall on the municipality.
His area is calculated taking into account:
- Number of floors of the building.
- Number of elevators and public roads.
Requirements for improvement are determined by the standards of a particular locality. General provisions valid throughout the country are established on the basis of sanitary standards.
Minimum responsibilities are:
- Carry out work on the construction of structures and recreational facilities for children and adults. This also includes the repair of such objects.
- Engage in landscaping and cultivating planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain the greenery in proper form.
- Designate places for household waste, ensure their cleanliness and timely removal.
- Cleaning - sweeping sidewalks in the warm season and clearing of snow during winter.
- Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
- Arrange parking areas where vehicles will be parked.
As a rule, developers are engaged in one-time work. Homeowners in a building can independently determine who will do this activity and increase the list of work performed. With a competent approach to managing the house and the surrounding area, residents can reduce their costs and increase the comfort of their stay.
Rules for installing fences
Legality
First of all, the construction and use of fences needs coordinate with the administration.
Such areas may be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.
Construction order
To begin with there must be a meeting of residents was held, at which a decision will be made on the need to install a fence.
To the local administration a statement is being written requesting permission to erect a fence of a certain height and size. It will be necessary to provide a plan for the future facility, which must be agreed upon with government agencies. If no violations are found, permission to install is given.
Where to complain in case of illegal installation
If the fence was installed without the consent of the residents of the house, an application can be submitted to the administration, prosecutor's office, Rosreestr and other authorities. 
Arbitrage practice
Most often, controversial situations between homeowners, homeowners associations and management companies arise due to the area of a given territory. This zone in houses built during the USSR was later privatized free of charge by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of SNiP on urban planning.
This leads to the fact that it is necessary to find out in court what objects can really be located here, who is their owner and, therefore, who should monitor them.
Punishment for unauthorized increase in area
The area of the measured plot attached to the house is registered with the registration authorities.
Based on the results of surveying the local area, a site plan is also issued.
If these boundaries were violated, this may lead to administrative or criminal punishment - a fine or other measure, determined depending on the nature of the violation (borders were violated, incorrect information was transmitted to government agencies, etc.).
About the local area of apartment buildings, see the following video:
