Small shrubs and flowers (plants that decorate the territory) can be planted near the house, and in some cases even vegetables and herbs, but provided that the land plot is common property apartment building and at a general meeting of tenants, by a majority vote, it was decided to use the site precisely as a vegetable garden. AiF.ru asked an expert in what cases to use adjoining territory it is possible for a vegetable garden, and in which it is not, and when planting vegetables in the beds can turn into an administrative penalty.
How, according to the law, can you equip a vegetable garden in the local area?
“This question concerns common property tenants of a particular house, and therefore an appropriate decision must be made. Secondly, the territory of this house must have certain boundaries. The land plot under the house must be cadastral, its boundaries must be determined, and within the framework, accordingly, the use of this is possible, "- says the head legal service Russian Guild of Realtors Natalia Mikhailyukova.
Thus, before planting vegetables or greens in front of an apartment building, tenants-gardeners should hold a general meeting of owners of premises and put to a vote the question of the possibility of using the plot for garden beds. Only after the consent is obtained and formalized by the protocol general meeting, they can plant garden crops.
If the land plot has not been formed and the state cadastral registration has not been carried out in relation to it, then the land under the apartment building is owned by the corresponding municipality. According to Mikhailyukova, it is impossible to arrange vegetable gardens on such a local area. “We cannot plant anything of our own in someone else’s garden,” the expert explains.
In which case it will not be possible to plant a garden even with the consent of all residents?
When decorating the beds in the local area, it is also very important to take into account the category of land and the conditions that determine its use.
“The main condition is the category of land. If, according to the terms of registration, it is provided for the placement of an apartment building without a personal plot, that is, without maintaining a personal subsidiary farm, then it is strictly forbidden to use this plot for other purposes and plant any agricultural plantings on it. This will violate the norms of land legislation in terms of misuse of land. It will also violate the rules of land use and development, which are established by local governments. Each local government has its own norms that establish the zones of use of this or that land. It will also not comply with the improvement rules, which are also different in each locality. Accordingly, this can lead to administrative liability, ”says Mikhailyukova.
Good afternoon. I would like to ask advice on how to act if our housing and communal services department is practically not doing its job? Thanks in advance for your answers.
1. The apartment in the house was purchased 13 years ago. For all 13 years, receipts were regularly paid, where there was a line "Maintenance / repair of the house". For 12 years, repairs have not been carried out even once. For all the questions to the representatives "And when?" they answered "No money!" Only when the question arose about the change management company, JSC "Zhilischnik" took mercy and painted the entrance. Please tell me, at what time interval should a residential building be repaired, what should be included in it and, if this did not happen on time or not in full, where to go?
2. At the request of the tenants, the house was insulated - from the outside of the house, the workers had to plug the cracks between the panels with a foam hose (I don’t know how to name the item exactly) and paint it. Walking with the child, I watched how the process was going: the workers in some places beat off the old paint and painted the seams again. Not a single worker has ever used a piece of Styrofoam anywhere. I informed the employee of Zhilischnik about this, who reassured me, they say, the work has not yet been accepted, we, of course, will not leave it that way. Nevertheless, no one else began to insulate or alter anything. Where do you need to apply and what documents to require - certification of receipt of a complaint or something like that?
3. 13 years ago, during the construction of the house, a playground was equipped near it. Now only rusty remains are left of it - all the wooden seats, the floors are broken, the paint has peeled off, the swing is broken, bent. Who should monitor its condition and how to get it repaired? And, by the way, are there any requirements for such sites - is it enough to pour a pile of sand so that housing and communal services can boast of an equipped site?
4. Our house is on the outskirts of the city. On the back side, under the balconies, along the house there is a small piece of land (5 meters wide), then a small sidewalk and further - empty land (20 meters), a line of garages and an empty field to the nearest village. The aforementioned playground is located between the sidewalk and garages. Enterprising neighbors took this land into circulation and turned it into their summer cottages. The land is completely fenced off, in some places it is just beds fenced with boards, a little further - full-fledged vegetable gardens, with a high fence and a single gate (so that you can't go further), greenhouses and greenhouses. The entire area around the playground is planted or fenced, a piece of land right under my balcony is planted with potatoes. Grandmothers water the whole thing with manure, so there is a specific smell on the site. As far as I know, this is a gross violation - the courtyard cannot be used in this way. You can plant flowers, but no Agriculture, fences and even more so, no buildings. Am I right or not, and if this is a violation, where should I go so that this Smolensk "Rechnik" will be demolished?
Those territories that are located in the immediate vicinity of apartment buildings are property that belongs to all residents of this house at the same time.
But even in this article it is written that some act stating that this is the case should not be issued. Thus, the current legislation tells citizens that they can do whatever they want with this land, but within certain limits.
Another basis for the ownership of this territory can serve. It clearly states that such land and other immovable objects that are part of the house are automatically transferred to the ownership of the general share type.
All residents of the house have the right to it. And decisions about any actions with it should be made by all residents by voting. It should accommodate most of the residents living in the house.
Thus, based on all the provisions of the current legislation, which were given above, we can confidently say that to make the fence of the adjacent territory of an apartment building.
How to fence the adjacent territory of an apartment building?
As mentioned above, such a decision should be made by a certain assembly, which should consist of the overwhelming majority of people living in this house. At such a council, clear decisions should be made about how much land will be fenced off, what type of fencing will be installed.
Most of the controversy in such a situation usually arises around the cost of all work. Collection Money also falls on the shoulders of the residents of the house.
Often times, not all people want to invest in projects like this, and many of them don't even show up at meetings. That is why there are usually problems with collecting money.
Usually, the required amount is divided equally among all tenants, after which a collection is made... Many citizens will not want to give away their honestly earned money until they see a concrete plan for how all the work on the fence will be done.
Such a plan should be drawn up under the full supervision of the tenant meeting to avoid future problems. But for the direct preparation of such a document, it is better to hire a specialist and include the cost of his services in total amount, which will be required for the production of all work.
Next, you need to agree on the construction of the fence with some government services, which such a construction can interfere. This can be done by bringing the plan that was developed by the tenants to the representative of each of the services listed below.
If approval is received, then the building is considered legal. In addition, each representative should be asked to sign and stamp. This will serve as proof that the plan was seen and approved.
If the case goes to court, then you can avoid a lot of problems if you have a plan in your hands, certified by the signature and seal of each service.
Types of barriers
Devices of barriers to the adjoining territories of an apartment building are subdivided:
- For structures that provide a complete ban on access to the territory.
- On different structures that can provide a partial prohibition of access to the adjacent territory.
- Constructions that can block access to some part of the territory. This type of fence is called target.
Agreement
After preparation, the plan for all work must be agreed with such services as:
- Ministry of Emergency Situations, namely with the local administration of this service.
- The police, represented by the leadership of the local branch.
- With an ambulance service that works in the area.
- With an inspection of the architectural and construction type.
Important. All these services should carefully study the plan and then affix their seal and signature. Thus, they will show that they do not mind the construction of such.
If the tenants do not take this condition seriously and do not coordinate their actions with the above services, then one of them in the future may be offended and go to court with a statement of claim.
If the tenants fail to prove that the work has been coordinated, then the judge will undoubtedly side with the plaintiff and decide to liquidate all the work performed earlier. In other words, everything that was built will be automatically demolished by a court decision, and the money that was collected from the tenant will be thrown to the wind.
As a result, we can conclude that no one forbids the residents to protect the territory on their own, and all their actions will be absolutely legal if they adhere to a certain procedure, which is spelled out above.
The services mentioned above can go to court not only because they are offended.
The fact is that they also have their own responsibilities and so that they can fully fulfill them in the fenced area, approval is required.
How to deal with illegal fence?
If the fences of the courtyard of an apartment building were installed inconsistently, then this action is considered illegal. They are fighting this very actively, and in order to deal with such an outrage you need:
To draw up an application, it is better to use the services of professionals, since legal literacy must be observed.
Conclusion
If there is a desire to protect an apartment building from uninvited guests, then it is better to immediately comply with all the formalities, of which there are not so many.
This will avoid many problems that may arise in the future.
Decision and doubt
“I would like to express my doubts about the recent decision of the Pukhovichi regional executive committee,” - this is how Vladimir Mazhar, a resident of Pravdinsky, begins his appeal to the editorial office. We are talking about the elimination of vegetable gardens near apartment buildings. From the seventeenth house, where Vladimir Pavlovich lives, to the house opposite stretch "plots" about three meters wide. By the way, in comparison with others, they are in a normal state: they are cleaned, and they have no greenhouses and fences built from scrap materials. People grow vegetables and herbs there. There is no doubt, it is very convenient: I left the entrance and plucked everything necessary for the salad or dug up potatoes. But, it turns out, not everything is simple with this land issue ...
The head of the land management and geodetic service of the district, Alexander Dobritsky, explains that agricultural products should be grown on household plots with individual residential buildings, and there are no beds near apartment buildings. And it makes no difference whether there is such a house in the capital or in the village. It turns out: if you want to be engaged in gardening, change your apartment to a house with a plot. But for some reason no one from the “almost villages” had heard of this before? At that time, such ennobling of the land was even welcomed.
Vladimir Pavlovich calls the decision of the regional authorities to liquidate vegetable gardens rash. the opinion was also supported by some of those who came to the “spontaneous meeting” near house No. 17. But is this so?
V last years in Belarus, work is underway to improve settlements, several programs are being implemented in this area. In particular, the State complex program development of regions, small and medium-sized urban settlements of the Republic of Belarus for 2007-2010. Local executive committees submit their proposals to the regional executive committees, on the basis of which regional improvement programs are created. This year, which has been declared the Year of the Native Land, the work is especially intensive. Improvement is understood in a broad sense: construction modern houses and bringing into proper condition and appearance of old ones, streamlining unauthorized household buildings, repairing streets, establishing trade and consumer services. Establishing order in the adjoining territories - too important aspect improvement ...
Alexander Dobrovolskiy, head of the production site No. З of the KUP Zhilkomslugi-Svisloch, notes: “The warning about the liquidation of vegetable gardens was issued to the residents of apartment buildings two years ago in accordance with the decision of the regional executive committee. Pravdinsky is the only village where no understanding can be found. In Gabrielevka, Svisloch, the Amicable issue has already been resolved. "
Gardens are a part of life ...
The houses built about forty years ago are inhabited mainly by people for whom the craving for the ground is in their blood. They, as our reader writes, are ready to dig up the asphalt in order to plant something. Of course, this is an exaggeration about asphalt. But the activity of gardeners, as we were explained, had an effect on something else. In response to the author's assertion that “some houses float in the water in the rain,” Zoya Volchek, chairman of the Pravdinsky village executive committee, noted that during the construction of the village storm sewer was not foreseen, surface drainage was assumed. But as a result of unauthorized plowing, residents violated the layout of the village. Now we urgently need to resolve the issue with the most “floating” houses No. 6 and 7. It is planned to make a local storm drain. Simply put, a hole will be dug, a grate will be installed, the water will drain there and go further along the pipe.
Yes, for many, these beds are not only an activity for the soul, but also a help to retirement. Humanly, we felt very sorry for the elderly gardeners. But say that everything is in apartment buildings They advocate the preservation of the plots, yet it is impossible. For example, residents of houses No. 31 and 36 express dissatisfaction that they have to take their children to the garden bypassing them, since the passage between the houses is plowed up. There are also plots not far from the hospital, and dung flies fly into the open windows of the hospital. In addition, these gardens are far from an aesthetic spectacle.
Last year, only two areas were sowed with lawn grass. Then the work stalled: a human shield blocked the path of the tractor ... In the near future, according to Zoya Grigorievna, order will be restored near each of the twenty-one houses, which is almost three and a half hectares of illegally occupied land. What will be on it? Lawns, flower beds, trees, playgrounds, small architectural forms ... The main thing is that people take care of all this.
To live in a village and not have a piece of land? The Pravdin gardeners cannot understand this. True, the local authorities are ready to provide everyone with plots not far from the house, literally across the street. “Let them handle it, we will only welcome it. But there are no people willing to take land there, ”says the chairman of the village executive committee.
The residents of house No. 17 have their own opinion on this: “Yes, they will give something there, but the gardens need to be watered. Where to get water? From here it is impossible to wear it. It will be good if ten percent of the people who now have beds will go there. ”
People are actively discussing the prospect of the planned improvement, they say, will the lawns and flower beds be maintained ...
But Alexander Dobrovolsky assured: “There are tractors, a lawn mower, three trimmers. We are able to cultivate this land. We will definitely put things in order ”.
How are the orders being carried out?
In the letter of Vladimir Pavlovich, other problems are also raised. The author is convinced that they had to be solved before dealing with the elimination of vegetable gardens.
Many questions were raised by the residents of the village at a recent meeting with the chairman of the Pukhovichi regional executive committee Fyodor Karalenei. As for the equipment of the mini-market, a canopy has already been welded, which will be installed near the Pravdinsky supermarket. It is the fruit and vegetable products that will be sold there. The problem of accepting glass containers has also been resolved. The collection of recyclable materials should also be organized. In the meantime, containers for plastic waste have already been installed in the village, and it is planned to supply the same for glass.
Open a bathhouse, repair streets, establish a ventilation system in apartment buildings, complete the repair of the most problematic houses and the House of Culture ... In the list of instructions given by the district head, deadlines are set, those responsible for each event are named. Much has been planned by the local authorities themselves. In a word, work on the improvement of the village, like other settlements, is being carried out in all directions. This was explained to the citizens gathered at the 17th house, representatives of local and regional authorities. By the way, the head of the ideological work department of the Pukhovichi regional executive committee, Alexander Pavlovich, also went with us.
... Yes, order in settlements in the Year of the native land it is necessary to direct. But the land issue is inherently complex; it is always a clash of interests. This is also confirmed by the situation with vegetable gardens in Pravdinsky. The task of the authorities is to make this land beautiful. But you can also understand people who have their own position. After all, for them it is not just pieces of land, but something much more.
From the editorial board: While the material was being prepared for publication, unsightly greenhouses, rickety fences, remnants of last year's dry plants, stones were removed in Pravdinskoye. Thus, the first stage of the improvement of the adjoining territories has been completed. How did people react to this? The village executive committee received two complaints. In one, a claim was made that it is not known where the “building materials” on the site were taken. The second applicant requested that the land conversion process be accelerated, that is, cultivate it with a cultivator.
It is always difficult to seek understanding, but this is the case when it is urgently needed ...
