Neighbors are planting a garden under the windows. How is the size of the adjacent territory of an apartment building determined? Who has the right to plant a garden in the local area and under whose windows

Decision and Doubt
“I want to express my doubts about the recent decision of the Pukhovichi district executive committee,” Vladimir Mazhar, a resident of Pravdinsky, begins his appeal to the editor. We are talking about the elimination of vegetable gardens near apartment buildings. From the seventeenth house, where Vladimir Pavlovich lives, to the house opposite, "allotments" stretch about three meters wide. By the way, compared to others, they are in a normal condition: they have been removed, and they do not have any greenhouses and fences built from improvised materials. People grow vegetables and herbs there. No doubt, it is very convenient: I left the entrance and tore off everything I needed for a salad or dug up potatoes. But it turns out that 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 beds are not provided near apartment buildings. And it makes no difference whether such a house is located in the capital or the village. It turns out: if you want to engage in gardening, change your apartment for a house with a plot. But for some reason, no one from the “almost villages” heard about this before? Then such ennoblement of the earth was even welcomed.
Vladimir Pavlovich calls the decision of the district authorities to eliminate the vegetable gardens rash. the opinion was supported by some of those who came to the "spontaneous meeting" near the house number 17. But is it so?
IN last years In Belarus, work is underway to improve settlements, several programs are being implemented in this area. In particular, the State comprehensive program development of regions, small and medium urban settlements of the Republic of Belarus for 2007-2010. Local executive committees submit their proposals to the district executive committees, on the basis of which regional improvement programs are created. This year, declared the Year of the Native Land, the work is going on especially intensively. Improvement is understood in a broad sense: construction modern houses and bringing the old ones into proper condition and appearance, streamlining unauthorized outbuildings, repairing streets, establishing trade and consumer services. Restoring order in the adjacent territories - too important aspect landscaping...
Alexander Dobrovolsky, head of production site No. 3 of Zhilkomuslugi-Svisloch Municipal Unitary Enterprise, notes: “The warning about the liquidation of vegetable gardens was issued to residents of apartment buildings two years ago in accordance with the decision of the district executive committee. Pravdinsky is the only village where understanding cannot be found. In Gabrielevka, Svisloch, Druzhny, the issue has already been resolved.”
Gardens are part of life...
The houses, built about forty years ago, are mostly inhabited by people for whom the craving for the earth is in their blood. They, as our reader writes, are ready to dig up the asphalt in order to plant something. About asphalt, this is, of course, an exaggeration. But the activity of gardeners, as we were explained, had an effect on something else. In response to the statement of the author of the letter that “some houses float in the water in the rain”, the chairman of the Pravdinsky village executive committee, Zoya Volchek, noted that during the construction of the village storm sewer was not provided, surface water drainage was assumed. But as a result of unauthorized plowing, the 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 installed, water will drain there and go further through the pipe.
Yes, for many, these beds are not only an occupation for the soul, but also a help to retirement. As a human being, we felt very sorry for the elderly gardeners. But to say that everyone in apartment buildings stands up for the preservation of plots is still impossible. For example, residents of houses No. 31 and 36 express dissatisfaction that they have to take their children to the garden bypass, since the passage between the houses is plowed up. There are also areas not far from the hospital, and dung flies fly into the open windows of the medical facility. In addition, these gardens are far from an aesthetic spectacle.
Last year, only two plots were sown with lawn grass. Then the work stalled: a human shield blocked the way for 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.
Live in a village and not have a piece of land? Pravdinsky gardeners cannot understand this. True, the local authorities are ready to provide everyone with plots very close to home, literally across the road. “Let them process it, we will only welcome it. But there are no people who want to take land there,” says the chairman of the village executive committee.
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? Hence, it is impossible to wear it. It’s good if ten percent of the people who have garden beds today go there.”
People are also actively discussing the prospect of the planned improvement, they say, will the lawns and flower beds be groomed ...
But Alexander Dobrovolsky assured: “There are tractors, a lawn mower, three trimmers. We are able to cultivate this land. We'll make sure we put things in order."
How are orders carried out?
Vladimir Pavlovich's letter also raised other problems. They, the author is convinced, had to be solved before 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 district executive committee, Fyodor Karalenya. As for the equipment of the mini-market, a canopy has already been welded, which will be installed near the Pravdinsky supermarket. Fruit and vegetable products will be sold there. The problem with the reception of glass containers has also been solved. Recycling should also be organized. In the meantime, containers for plastic waste have already been installed in the village, it is planned to supply the same ones for glass.
Open a bathhouse, repair the streets, fix the ventilation system in apartment buildings, complete the repair of the most problematic houses and the House of Culture ... The list of instructions given by the district head sets deadlines and names those responsible for each event. Much has been planned by the local authorities themselves. In a word, work on the improvement of the village, as well as other settlements, is being carried out in all directions. This was explained to the citizens gathered at the 17th house by representatives of the local and district authorities. By the way, Alexander Pavlovich, the head of the department of ideological work of the Pukhovichi district executive committee, also traveled with us.
...Yes, it is necessary to restore order in the settlements in the Year of the Native Land. But the land issue is inherently complex, it is always a clash of interests. This is confirmed by the situation with vegetable gardens in Pravdinsky. The task of the authorities is to make this land beautiful. But you can understand people who have their own position. After all, for them - it's not just pieces of land, but something much more.

From the editor: While the material was being prepared for publication, unsightly greenhouses, rickety fences, the remains of dry last year's plants, and stones were removed in Pravdinsky. Thus, the first stage of ennoblement 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 was not known where the “building materials” located on the site were taken away. The second applicant demanded to speed up the process of transforming the land, that is, to cultivate it with the help of a cultivator.
Seeking understanding is always difficult, but this is the case when it is urgently needed ...

Its quadrature, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, Management Company, which provides housing and communal services in a particular house, calculates the costs of public Utilities– conducting 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 formalized in state bodies, then the costs of maintaining it are borne by the municipality.

His area is calculated taking into account:

The number of floors in the building.
Number of elevators and public roads.

Improvement requirements are determined by the norms of a particular locality. General provisions operating throughout the country are established on the basis of sanitary standards.

Minimum duties are:

Carry out work on the construction of structures and recreation areas for children and adults. This also includes the repair of such facilities.
Engage in landscaping the site and processing 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 greenery in proper form.
Allocate places for household waste, monitor their cleanliness and timely removal.
Cleaning - sweep sidewalks in the warm season and clear snow during the winter.
Erect the fence of 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.
Equip parking lots where vehicles will stand.

As a rule, developers are engaged in conducting one-time works. Owners of housing in the house can independently determine who will be engaged in this activity, and increase the list of work performed. With a competent approach to the management of the house and the territory adjacent to it, residents can reduce their costs and increase the comfort of living.

Rules for installing fences

legality

First of all, the construction and use of fences is necessary coordinate with the administration.

Such sites may be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.

Construction order

For a start it should be meeting of residents where a decision will be made on the need to install a fence.

To the local administration a statement is being written with a request for 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 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, the prosecutor's office, Rosreestr and other bodies.

Arbitrage practice

Most often, disputes between homeowners, HOAs and management companies arise because of the area of this territory. This zone in houses built back in 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 actually be located here, who owns them 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 accounting authorities.

Based on the results of the land surveying of the local area, a plan of the object is also issued.

If these boundaries are violated, this can lead to an administrative or criminal penalty - a fine or other measure, determined depending on the very composition of the violation (the boundaries were violated, incorrect information was submitted to government agencies, etc.).

About the adjoining territory of apartment buildings, see the following video:

Residents of apartment buildings often face the problem of unauthorized development - one of the neighbors or tenants non-residential premises build outbuildings, garages and other buildings for their own needs in the yards without obtaining an appropriate permit.

Related materials:

Adjoining territory refers to owners apartment building(if the land is in common fractional ownership owners of apartments in an apartment building) or belongs to the city.

What is considered an unauthorized construction? According to Article 222 Civil Code RF, such a building is any structure: 1 ) erected on land not intended for this purpose and of course 2) without the necessary permits or without compliance with urban planning or 3) sanitary norms.

In cases where someone without residents of the house built a garage on the adjacent territory, or fenced off a parking space (about what to do in case of capture of yard parking spaces, read in the article ""), or the tenant of non-residential premises of the house (shop, restaurant, pawnshop, etc.) built or attached something to the house for his household needs of his own free will and without permits - this is an unauthorized building.

If the adjacent territory is registered as a common shared property, then you can immediately go to court; forced demolition of a building is possible only by a court decision (see Overview judicial practice Supreme Arbitration Court on Certain Issues of Application by Arbitration Courts of Article 222 of the Civil Code of the Russian Federation of December 09, 2010). The unauthorized developer will be required to demolish the illegal structure at his own expense.

If, a lawsuit can be filed with the court on behalf of one of the owners, and on behalf of the HOA or the Criminal Code (depending on the form of management). The claim is filed at the location of the house. In the claim, it is necessary to indicate in any form all known circumstances (only facts, avoid emotions): who, how long ago and where erected the building, as well as related circumstances relevant to the case. It will not be superfluous to attach photo and video evidence to the claim. Good legal support and the availability of the results of an independent examination will also not interfere.

If the land is not registered in the ownership of the owners or belongs to the city property, residents have the right to apply to the prefecture of the district, the district council, Mosgosstroynadzor, the Department of Land Resources of the City of Moscow, as well as to the district and submit an application for checking the legality of construction in the local area unauthorized construction, as well as the demolition of this building. The application must indicate all known circumstances and attach all possible evidence (as well as in). It is the City's responsibility to review the application, respond if necessary, and provide an official response.

If the administrative check "slips" and those to whom the residents have applied are in no hurry to fulfill their duties and do not conduct an audit, residents can apply to the court to recognize the inaction of city structures as illegal. The court will order the required verification.

Small shrubs and flowers can be planted near the house (plants that decorate the territory), and in some cases even vegetables and herbs, but provided that the land plot is the common property of an apartment building and at a general meeting of residents it was decided by a majority of votes to use the plot specifically as a vegetable garden. AiF.ru found out from the expert in which cases the use of the adjacent territory for a vegetable garden is possible and in which it is not, and when planting vegetables in the beds can result in an administrative penalty.

How, according to the law, can you equip a garden in the local area?

"This issue concerns common property residents 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 registered with the cadastre, its boundaries must be determined, and within the framework, respectively, of use, this is possible, ”says the head legal service Russian Guild of Realtors Natalya Mikhailyukova.

Thus, before planting vegetables or herbs in front of an apartment building, gardeners must hold a general meeting of the owners of the premises and put to a vote the question of the possibility of using the plot for beds. Only after consent has been obtained and documented 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 in such a local area. “We cannot plant anything of our own in someone else's garden,” the expert explains.

In what case will it not be possible to plant a garden even with the consent of all the tenants?

When designing 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 the terms of registration provide for the placement of an apartment building without personal plot, that is, without maintaining a personal subsidiary plot, then it is strictly forbidden to use this site for other purposes and to plant some agricultural plantings on it. This will violate the norms of land legislation regarding the 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 rules that establish the zones of use of a particular land. It also will not comply with the rules of improvement, which are also different in each locality. Accordingly, this may lead to bringing to administrative responsibility,” says Mikhailyukova.

The territories that are located in the immediate vicinity of apartment buildings are property that belongs to all residents of this building at the same time.

But even in this article it is written that there should not be any act stating that this is the case. Thus, the current legislation tells citizens that they can do whatever they want with this land, but within certain limits.

Another reason for owning this territory can serve. It clearly states that such land and other immovable objects that are part of the house automatically become the property of the common share type.

All residents of the house have the right to it. And to make decisions about any actions with it should be taken by all tenants by voting. It should accept the majority of tenants living in the house.

Thus, based on all the provisions of the current legislation that were given above, we can confidently say that fencing the adjacent territory of an apartment building.

How to fence the adjoining territory of an apartment building?

As mentioned above, such a decision should be made by a certain assembly, which should consist of the vast majority of people living in this house. At such a council, clear decisions should be made on how much land will be fenced off, what type of fence will be installed.

Most of the disputes in such a situation usually arise around the cost of all work. Collection Money also falls on the shoulders of the residents of the house.

Often, not all people want to invest in such projects, and many of them do not even show up at meetings. That is why fundraising is usually a problem.

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 hard-earned money until they see a concrete plan for how all the fencing work will be done.

Such a plan should be drawn up under the full control of the tenants' meeting in order to avoid problems in the future. 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 is required for the production of all works.

Next, you need to coordinate the construction of the fence with some public services, which such a building can interfere with. This can be done if you bring the plan that was developed by the residents to the representative of each of the following services.

If approval is received, then the building is considered legal. In addition, each representative should be asked to sign and seal. This will serve as proof that the plan has been 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 for barriers in the adjoining territories of an apartment building are divided into:

On structures that provide a complete ban on access to the territory.
On different designs that can provide a partial ban on access to the local area.
Structures that can block access to some part of the territory. This type of fence is called target.

Coordination

After preparation, the plan for carrying out all work must be agreed with such services as:

Ministry of Emergency Situations, namely with the local management of this service.
Police represented by the leadership of the local branch.
With the ambulance service that operates in the area.
With an inspection of the architectural and construction type.

Important. All these services must carefully study the plan and then put their seal and signature. Thus, they will show that they do not mind the construction of this.

If the tenants do not take this condition seriously and do not coordinate their actions with the above services, then one of them may be offended in the future and go to court with a statement of claim.

If the tenants fail to prove the fact that the work was coordinated, then the judge will undoubtedly take the side of the plaintiff and decide on the liquidation of all previously performed work. In other words, everything that was built will be automatically demolished by court order, 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 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 prescribed above.

The services mentioned above can go to court not only because they are offended.

The fact is that they also have their own duties, and in order for them to be able to fulfill them fully in a fenced area, coordination is required.

How to deal with illegal fencing?

If the fences of the courtyard of an apartment building were installed inconsistently, then this action is considered illegal. They are very actively fighting with this, and in order to deal with such a disgrace, you need to: