Is the playground included in the local area. The adjoining territory of an apartment building - how to properly dispose of it

In large settlements of the Russian Federation, the issue of determining land plots located around multi-apartment residential complexes is rather sharply considered.

Owners of residential real estate should think about the rules for drawing the border in a timely manner adjoining territory apartment building. This issue needs to be considered in more detail.

The boundaries of the local area are clearly defined documented

Organs state power regularly make certain adjustments to the RF. The last time changes were made on March 1, 2015. It was during this period that Art. 26 RF LC.

From this date, the drawing of borders is carried out in accordance with current regulations Art. 11.9 of the Land Code and other provisions of the legislative framework considering the issue of urban planning. This article sets out the following requirements:

• The largest and smallest possible territories in terms of area should be established by relevant regulations.
• Areas that are not related to urban planning regulations must be approved in accordance with the articles of the Land Code of the Russian Federation.
• The boundaries of the adjacent plots should not go to the area where the objects of the municipality, or other settlements are located.
• It is unacceptable to form sites in a situation where this leads to the absence of the possibility of acceptable operation of construction projects built on these territories.
• The division of territories is prohibited if the approved restrictions do not allow the possibility of exploitation of the areas in question in any other way.
• In the process of forming the sections, there should not be a broken border, it is not allowed to cross the strip, violations of other requirements established by law.
• It is unacceptable to form a site on the territory of the forestry, park areas, with the exception of areas separated for the implementation of various geological work, mining, installation of any objects, special structures, etc.

These are the basic rules specified by the legislative framework, in accordance with which the determination of the local area should be carried out.

Additional Information

When it comes to landscaping, finding owners is not easy.

Residents often overlook the issue of determining the local area. Anyone can issue a special extract to the service, which defines the boundaries and provides information about who is the owner of the adjacent territory.

If the municipality is the owner, the adjacent territory can be provided to tenants for rent. For this reason, the land can always be sold for the development of a future car park or marketplace.

If the owners of the territory are residents, you will have to make a regular payment for maintenance land plot. Residents will have to hire a cooperative, or engage in the arrangement of the local area with their own efforts. If the territory is not put on the cadastral register, and the owners of residential premises plan to manage this territory on their own, you will have to register the territory and carry out the appropriate one.

The need for land surveying of the adjacent plot appears in a situation where the owners of premises in the MKD want to protect their territory from unauthorized development. It is necessary to determine the area of ​​the local area in a timely manner so that trading platforms, parking, eateries, etc.

When the boundaries of the territory are determined, the owners apartment buildings get the following opportunities:

1. Installation of various elements of improvement;
2. Fencing of the area for parking of vehicles;
3. Installation of a barrier at the entrance to the territory of a residential building;
4. Territory surrender.

Local self-government departments are responsible for demarcation of MKD sections. In fact, this part state budget always financed only on the residual principle. For this reason, the authorities often refer to the banal lack of means of payment.

Consequently, the problem of determining the boundaries of one or another local area may remain unresolved for some time. If the owners of residential premises have the relevant title documentation in their hands, they have the opportunity to defend their rights under Art. 305 of the Civil Code of the Russian Federation.

Maintenance of the local area

The adjacent territory is the property of the residents of the house

Since the adjacent territory, as well as everything that is located on it, is considered joint property residents of MKD, everyone will have to monitor the quality of buildings and technical devices located in these areas.

In this area, the following structures can be installed:

1. Household objects for saving the tools necessary for the performance of certain works for the maintenance of the building, as well as the adjacent territory;
2. Non-residential premises provided for use by tenants;
3. Buildings and structures for children's entertainment.

Despite the fact that the provision of the adjacent territory to residents for subsequent operation is free of charge, they always have to bear the costs of maintenance jointly. The point is that it is considered an object of taxation. Volume required tax contributions determined by the number of residents registered in the MKD.

The cadastral passport contains all the information about the adjacent plot. Thanks to this information, management companies can draw up estimates for the services provided to maintain the territory in the proper form. Unformed plots should be dealt with only by local governments.

The adjoining territory cannot be allocated for operation to the residents of any one entrance. Residents have full right provide the opportunity to manage the site to such organizations:

• House Committee, which is elected by the tenants independently;
• Non-profit organization specializing in this field;
• Authorized management companies.

Apartment owners cannot restrict service personnel access to communications located in the local area. To be able to solve various tasks related to the maintenance of the site, it is necessary to hold meetings. The decision can be considered justified only in a situation where at least 50% of the residents of the house are present at the meeting.

The legal rights of apartment owners in neighboring MKDs should not be violated under any circumstances.

Each apartment owner has the legal right to exert his influence on what happens in the local area. Everyone knows that the area of ​​\u200b\u200bthe adjacent territory is determined in the cadastral passport. You can determine the boundaries of this territory in the database of management companies, which often try to hide this information from residents under various pretexts for a specific purpose. After reading the information presented in this article, no one will have questions about what constitutes the adjacent territory of the MKD.

- What is it? Many homeowners understand this differently. There is nothing surprising in this. There is no law on the local area, as such. However, this concept can be interpreted as follows: backyard of a private house, this is the territory adjacent to it, which allows the owner to maintain his house and plot.

Adjoining territory: how many meters from the house?

On the adjacent territory, you can break flower beds, plant trees, equip a parking lot.

Adjoining territory located behind the fence, which establishes the boundaries of the site, and directly adjacent to it. The adjacent territory can be registered as private property. To do this, you need to contact the local government. According to his decision, the site can be registered.

However, this is not always possible. In the event that you are denied, adjoining territory You need, you can conclude a lease agreement with the local government. In this case, the owner will pay rent for the use of the site.

However, the owner may also be denied a lease. This happens for a number of reasons:

- there are important communications in the local area;

- there will be a decrease in street space;

— the territory has cultural and historical significance;

- the territory is owned by other persons.

Often, the adjacent territory cannot be registered in the property or leased. Nevertheless, the city administration imposes on the owner of a private house the responsibility for maintaining the adjacent territory - gardening, cleaning, etc. Today, the cadastral passport clearly delimits the boundaries of the site and the adjacent territory, which, on the one hand, does not belong to the owner of the site, on the other hand, he is responsible for it.

If in the cadastral plan home area boundaries are not specified, then a completely legitimate question arises - how to determine these boundaries? However, there are no specific rules for the local area. Much depends on the specific area in which the site is located. Nevertheless, if the adjacent territory physically exists, but it is not indicated in the cadastral plan, then we can mean an area 1.5 meters from the fence of the site. Accordingly, within these limits, the owner must carry out cleaning of the territory and its improvement.

Thus, the owner of a private house, regardless of its type, whether frame house or stone, is responsible for its local area. Building a house imposes certain conditions on the homeowner, which are not always pleasant, however, owning land and a private house brings many more benefits than troubles.

Source: Construction52

Pushkino City: forum

I wonder how many meters from the fence are considered to be the adjacent territory of a private residential building? And what can the owner of the house do in his local area? If a fire lane adjoins the gate or gate of the house, along which cars drive (all and sundry), is it possible, in agreement with a neighbor whose gate also goes to this passage, to build a “speed bump” next to your gate? What can threaten the unauthorized construction of artificial unevenness?

We ennoble 2 meters near the fence, so to speak.

The border of the local area in a private house

I have a "local area", i.e.

the one behind the fence, about 5 acres, a corner plot. I don’t have enough strength and desire to mow everything, but I feel that it is necessary, especially when ambrosia is earing, so I mow and clean almost everything, although I would very much like some city services to do this, but I know that this is not and will not be.

The situation is similar to that of the vehicle and with the path: under the very fence there is a path with old asphalt 60-70 cm wide, along which neighbors from a neighboring yard sometimes passed, the rest of the neighbors use an asphalt street road for walking.

Perpendicular to my fence from the gate, I made a 1m wide path of crushed stone with curbs to the street road with further plans for FEMka.

Please tell me how many meters is the adjoining territory of an apartment building, two-story building

The adjoining territory of an apartment building must comply with paragraphs 2.12 * and 2.13 of SNiPa 2.07.01-89 * “Urban planning. Planning and development of urban and rural settlements"

2.12*. Distances between residential, residential and public, as well as industrial buildings should be taken on the basis of calculations of insolation and illumination in accordance with the norms of insolation, as well as in accordance with fire safety requirements.

Between the long sides of residential buildings with a height of 2 - 3 floors, distances (household gaps) should be taken at least 15 m, and 4 floors high - at least 20 m, between the long sides and ends of the same buildings with windows from living rooms - at least 10 m .

Household territory - what does it include?

A house adjoining territory is a certain area of ​​land attached to any building.

Moreover, such a territory can be not only in a private household, but also in an apartment building. In particular, the adjoining territory attached to the multi-apartment development does not belong separate apartment, floor or entrance, but the whole house as a whole and even several houses.

There are many requirements for such a territory: urban planning, sanitary, social, hygienic and others.

Adjoining territory of a private house how many meters

Another question from the reader: “The management company claims that their land is 3-5 meters from the wall of the house, and the rest of the land is not theirs, although there are so-called playgrounds on this land (we have one rickety rusty fungus under which hemp grows ), for which the management company withholds money. How to determine the boundaries of the land adjacent to the house?

We determine and legitimize the size of the adjacent territory of private houses

Is it really necessary for the management company to maintain or be liable for the improper maintenance of the site?

Numerous problems related to the maintenance of a land plot adjacent to an apartment building (house territory) cause various questions from homeowners.

Adjoining territory of a private house

Usually, it is customary for us to enclose the entire land owned by a private owner with a fence. Accordingly, behind the fences lies "no man's" land. She, in your case, most likely, municipal.

The right to use (and only use) this land belongs to those who can justify their servitude to it. Let's say you can move through it and bring goods.

According to Art. 1 City of RF territory common use is a territory that is freely used by an unlimited number of persons (including squares, streets, driveways, embankments, squares, boulevards).

The land behind the fence can be attributed specifically to the common area, which satisfies not only your need for passage (passage) as the owner of neighboring real estate, but an indefinite circle of people in such passage and passage.

Being a passage / passage of the indicated land plot, it is intended for use by an indefinite circle of persons, due to which its blocking and establishment cesspool obstructing this passage / passage, violates the rights and legitimate interests of citizens living on this, and legal entities located in this territory.

Therefore, YOU have the right to demand the elimination of a violation of the right of passage through the yard area to your real estate by virtue of Art.

Adjoining territory

Adjoining territory of a private house - design and land surveying rules

What is the adjacent territory of a private house

But for a private house, the laws do not contain the concept of “house territory of a private house” as such. This phrase refers to a piece of land, in relation to a specific private house, which the owner needs to maintain and maintain his house.

Such land must be rented, owned, or in homeless use. On the border of this area, for example, you can put up a fence, stack firewood, etc.

That is, a piece of land (house territory), fenced, is in the possession of the owner. And the territory that is behind the fence is considered "no man's land." As a rule, it is municipal.

The right to use such land adjacent to the fence possessed by those who legal basis will be able to justify their rights (servitude) to own, use it. For example, this territory is necessary for the owner of a private house, due to the departure of the car from the garage, the transportation of some goods, i.e. have to navigate through it.

What does the adjacent territory of a private house include?

There may be many such reasons.

But at the same time, several persons may have the right to use such territory. For example, neighbors of a private house for two owners or houses whose gates adjoin the common area.

So, the territory that is in common use refers to the space behind the fence, which can be freely used by an unrestricted circle of individuals. Therefore, blocking such a piece of land will inevitably lead to a violation of the rights and freedoms of other citizens who live and use this land.

The legislative framework

The legal basis for this issue includes:

• The Constitution of the Russian Federation.
• Law "On state cadastre real estate."
• Civil Code of the Russian Federation.
• SNiP regulations for low-rise construction.
• SanPiN RF.
• Land Code of the Russian Federation.
• Technical passport for the house.
• Plan of a specific land plot of a private house.

Size

The size of such a local area is calculated according to the formula:

Sn=S*Upz,

where: sn- house area;

Sr- the area of ​​​​the premises of the house;

Upz- specific indicator of the share of the land plot.

It is taken for 1 sq.m of housing. This indicator will depend on the number of floors in the house and the year of construction. It must be calculated according to SNiPs, which were effective at the time of construction.

But such a calculation is valid only for sections that are adjacent to apartment buildings. For the private sector, there are no local area regulations. The size of land plots in these cases is determined by the territory that is rented or belongs to the property.

You need to follow these important conditions, to determine the size of the plot that can be taken in the private sector for use.

1. Plan a natural boundaryterritories, with drawing on it all the objects necessary for using a private house.
2. Designate in the plan the area of ​​​​the adjacent territory, which is the property in municipal use and cannot be alienated. It must be remembered that with the same private houses, the configuration of the territory adjacent to the private plot may vary.
3. Negotiate with owners neighboring plots, the rights of which may be affected. Listen to the opinion of the interlocutors to make a common mutual decision.
4. Only after this is it necessary apply to local authorities to secure the right of ownership of the adjacent plot. It may be necessary to make changes to the original proposal.

Registration

The territory adjacent to the fence of a private plot can be issued in the form of ownership or lease.

For registration of such territory it is necessary:

1. Certificates of state registration of the right to a house and a land plot (after 1998);
2. Or a contract of sale with registration at the BTI (until 1998).

If individual wants to arrange the territory adjacent to a private house for personal use, you must contact the local authorities.

• In accordance with the order of the Ministry of Economic Development of Russia dated November 22, 2013 under No. 701 “On establishing the procedure for registering ownerless immovable things”, real estate (land) can be registered by decision of the local government. It is only necessary to write an application and provide a document that would confirm that this object is in an ownerless state.
• The decision on the condition of the site must be made within 18 days from the moment the application was accepted. Local self-government bodies consider the application and, in case of a positive decision, submit it to the single register USRR. Thus, it is taken into account.

Survey rules

In accordance with the Federal Law "On the State Cadastre of Real Estate", the establishment of new territorial boundaries land plots installed:

• With the obligatory consent of all persons, that they have ownership of the adjacent land.
• Such coordination is carried out in the form of a meeting of persons, that are interested in such a survey, or as an individual agreement with an interested person.
• Notice of such a meeting for surveying the adjacent territory of a private house should be given, sent or be published at least 30 days prior to this meeting.
• Persons who are interested in the meeting if they refuse to attend, shall be deemed to have been duly notified of this meeting.
• If the persons concerned are duly notified, during the established period do not express their consent or objections to the survey in writing with explanations of disagreement, then the boundary survey will be accepted as agreed by these persons. This is recorded in relevant act land surveying.
• After completing these procedures, a notification is made. If the person invited to the meeting after it does not appear within the specified period, then the main interested person puts the plot of the local area on the cadastral register.
• But these actions do not exclude future disputes with neighbors on land surveying.

Rent

Rent can be carried out in accordance with the Land Code of the Russian Federation.

To do this, you must contact the local authorities with an application for the right to rent. According to Art. 65 of the Land Code of the Russian Federation for lands that are leased out, a fee will be charged, the amount of which is determined according to the terms of the lease. These lease conditions are established by the Government of the Russian Federation, local authorities.

The lease or ownership of the adjoining territory of a private house may be denied:

• When important communication lines pass through the area.
• When the transfer of this site into the possession of the owner will lead to a decrease in the width of the street space less than the permissible one (the width of streets with a local value should be about 15 m, the main value - 40 m).
• If the site is located in an area of ​​historical and cultural significance.
• If other owners have rights to this site and there is no their consent.

You may be interested in: here is affordable construction in Mozhaisk

Land Code adjoining territory of a private house

Adjoining territory of a private house

Thus, the inner part of the land of the owner of a private house fenced off by a fence is also included in his property. The area outside the fence is not considered the property of the homeowner and is most often municipal or, in rare cases, no man's land. The use of the site located near the fence is claimed by those persons who are able to document and prove their right to ownership (for example, to move a car to a garage or transport various goods).

The calculation of the adjacent plot is made according to a formula that includes such parameters as the total area of ​​\u200b\u200bthe premises of the entire house (Sr) and the specific indicator of a part of the land plot (Ypz), which is calculated according to SNiPs.

Rules for determining the boundaries of the adjacent territory or how many meters from a private house can the boundary of the site be placed?

For residents of the private sector, there is no exact number of meters that a house adjoining area can occupy. In each case, the size of the adjacent territory of a private house may differ.

To determine the boundaries of the territory that applies specifically to your private house, you need to take into account the following points: draw a site plan and indicate on it all the objects necessary for using a private house.

Adjoining territory of a private house

Mark on your map the municipal land that is adjacent to your property.

Reconcile everything controversial points with the owners of neighboring plots claiming to use this territory.

What area - behind the fence - of a private house should I keep clean?

e.g. cutting grass

132 of the Constitution of the Russian Federation - local governments independently manage municipal property, form, approve and execute local budget, install local taxes and fees, carry out the protection of public order, and also resolve other issues of local importance, which include the organization of landscaping and landscaping of the territory of the settlement (see clause 19, part 1, article 14 of the Federal Law of 06.10.2003 N 131-FZ). Please note that the imposition on the owners, owners, users of land plots of the obligation to maintain the territory, which

Here, however, it is not without ambiguities: the border around the cottage, from the point of view of local governments, is usually much longer than one might think by looking at cadastral passport.

Many are obliged to ensure cleanliness and order outside the fence: this is not the adjacent territory of a private house, but, by order of the municipality or the administration of the settlement, it can become one. The municipality usually refers to certain norms, according to which a plot of a certain size is assigned to a private house.

Private household, on the contrary, there is a company that leases a land plot for the use of earth's interior (well. Mineral water is supplied)

What does the adjacent territory of a private house include. What is the adjoining territory of a private house But for a private house, the laws do not contain the concept of “adjacent territory of a private house” as such.

This phrase refers to a piece of land, in relation to a specific private house, which the owner needs to maintain and maintain his house.

Such land must be rented, owned, or in homeless use. And what can the owner of the house do in his local area?

If a fire lane adjoins the gate or gate of the house, along which cars drive (all and sundry), is it possible, in agreement with a neighbor whose gate also goes to this passage, to build a “speed bump” next to your gate? In order to save your time, Rosstandart has developed a section "Frequently Asked Questions".

L.J. Magazine

Among these constituent parts- the land on which the this house, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot.

The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

Let's pay attention to the fact that this land plot is the same integral part of the common house fractional ownership like roofs, stairs or load-bearing structures.

By acquiring ownership living space in an apartment building, we do not think about who owns it and how to use it, because we have title documents in our hands. It is known exactly how many square meters in the purchased apartment, on the basis of which the right to use arose.

The issue with the local area is different - whose is it? Not everyone knows what is the adjacent territory of an apartment building, what applies to it, and how to determine it. Nevertheless, we use it every day when we leave the entrance or play with children on the playground.

Let's figure out what is included in the adjacent territory of an apartment building, what is its size, established by law, who is responsible for this site, and what rights citizens have to it.

What is the adjacent territory of an apartment building?

First of all, answering the question of how the adjoining territory of an apartment building is determined, you should figure out what it is.

The adjoining territory may exist exclusively in the form of a land plot, on which additional buildings and structures may be located in order to improve the living conditions and use of the owners or other users of residential premises.

Accordingly, the issue of ownership is resolved as follows: the adjacent territory is the common property of all residents of the apartment building to which it belongs.

The adjoining territory is determined on the basis of land management and town planning documentation, which is drawn up during the construction of the building. This plot of land is transferred to the use of residents free of charge upon transfer of rights to real estate in the House. Accordingly, the tenants themselves are responsible for it.

Purpose

The purpose of the adjoining territory of an apartment building determines the procedure for its use. Since we are considering a land plot with buildings and structures mainly for household purposes, the intended purpose of the adjacent territory is the maintenance, operation and improvement of this building.

Thus, the primary purpose of using this territory is to satisfy the needs of residents. On the one hand, it must meet the requirements of owners and other right holders, on the other hand, the requirements put forward must be satisfied by the forces of the owners and right holders themselves. This rule is based on the fact that the land plot is in common shared ownership, and the share of each owner is calculated depending on the ratio of the real estate acquired by him to the entire house as a whole.

If we turn to Decree of the Government of the Russian Federation of August 13, 2006 No. 491, we will find out that the following can be attributed to the local area:

• the piece of land on which the apartment building stands;
• a plot of land around the building with established boundaries;
• playgrounds and sports grounds;
• clothes dryers;
• car parking;
• transformer and heat supply facilities;
• other buildings and structures erected at the initiative of residents.

Law

It is logical to assume that Decree No. 491 is not the only and even more fundamental legal act within the topic under consideration. The sources of law that mention the concept we are considering are:

• ZhK RF - basic concepts and principles of use;
• Land Code of the Russian Federation and the Federal Law "On Land Management" dated June 18, 2001 No. 78-FZ - issues of surveying land plots;
• Tax Code of the Russian Federation - issues of the procedure for calculating tax on a land plot;
• Federal Law "On the State Cadastre of Real Estate" dated July 24, 2007 No. 221-FZ - allows the procedure for registering a site for cadastral registration;
• Federal Law "On Participation in shared construction apartment buildings and other real estate objects and on amendments to certain legislative acts Russian Federation» dated December 30, 2004 No. 214-FZ - issues of delimitation of rights to common shared property;
• Government Decree No. 491 - fixes the general rules for use;
• other regulatory legal acts.

With all the ease of perception of the local area, the mode of use is based on a variety of regulations that resolve the issues of determining boundaries and area, ownership, cleaning and maintenance, privatization, and landscaping.

Borders and area

There is no correct answer to the question of how many meters a house territory is considered. Can't be formulated general rule a certain radius, measured from the apartment building. This value is not constant, and it must be calculated depending on many factors, such as:

• the initial area of ​​the site for construction;
• the number of storeys of the house, respectively, the number of residents - potential users of the land;
• building density of the area (the higher, the smaller the adjacent territory);
• the number and purpose of roads and driveways;
• even the factor of the date of construction of the house can play a role.

As such, there is no single norm for the adjoining territory of an apartment building, but there is a formula by which you can find out its size.

Most in a simple way the definition of this value is the cadastral passport of the land plot, it is in it that all information and numerical indicators are indicated. In addition, this document serves as the basis for accrual mandatory payments for the maintenance of this area.

It should be noted that the listed factors that determine the size of the local area also indirectly affect the possibility of installing a fence or other fence on it. This situation is not directly regulated by the law, the Federal Law “On Enactment Housing Code of the Russian Federation” dated December 29, 2004 No. 189-FZ and the Housing Code of the Russian Federation propose to consider each case individually and take into account such circumstances as the obligation to provide an opportunity for ambulance, fire equipment and emergency services to travel.

How to increase the adjoining territory of an apartment building? To begin with, there must be a free area adjacent to the current space. If it is, then the accession must take place within the framework of a standard transaction for the transfer of the right to real estate (if there is a decision of the meeting of the apartment building approving such a transaction). After registering the rights, tenants can consider options for further use of the land at the meeting.

Who owns?

The adjoining territory of modern apartment buildings is a priori the common property of all residents of the house, which is confirmed by documents that the developer transfers along with the rights to apartments. Nevertheless, there are situations (in most cases this applies to old houses) when the adjacent territory belongs, for example, to municipal property. Like it or not, you will be prompted by your management company, homeowners association or cadastral chamber. If only the right to use the specified site has been transferred to the tenants, then there must be an agreement defining the rights and obligations of the parties. If desired, the municipality can transfer the adjoining territory of an apartment building to the owners, but it should be borne in mind that at the same time some obligations will arise (for example, for maintenance and lighting).

As property owners, tenants must select a company or partnership to maintain the property, bill for use, and ensure that current communications are in place.

Who should clean up?

Maintenance of the adjoining territory of an apartment building is established under an agreement concluded with a management company or a homeowners association. The selected organization, within the framework of the established tariffs, is obliged to directly clean the site, provide services for the maintenance and repair of communications, as well as landscaping. At the end of the calendar month, the responsible organization will submit an invoice for payment for the amount of work performed on the maintenance of the local area. In addition, at the request of the tenant in without fail the management company or homeowners association is required to provide documentation to support the costs incurred. The choice of the service organization is made at the general meeting of owners by voting.

The issue of overhaul of the adjoining territory of an apartment building is referred to the action of Art. 170 ZhK RF. Similar to the issue of a major overhaul of the building itself, renovation of the local area at the initiative of the owners is possible if they choose the option of accumulating monthly maintenance fees in a special account, and not as part of a general program of transferring money to non-profit funds. If the owners have taken care of opening their own account, then in this case you just need to submit an application to management company or partnership.

Is privatization possible?

If the land plot is not the common property of the residents, then, if desired, it can be privatized by issuing the necessary documents for this.

The algorithm of actions in this case is as follows:

• owners initiate a general meeting of an apartment building;
• at the general meeting, the issue of privatization is submitted, which receives the approval of the majority of its participants and is drawn up in the form of a protocol;
• documents are being prepared: it is necessary to conduct a survey of the site, form it (an application is submitted to the local authority), prepare a technical passport;
• with all necessary documents, state registration transfer of ownership.

On what grounds to use the land, the owner always decides. An alternative use case is the conclusion of a lease agreement with the municipal authority - the owner of the local area.

Proper execution of title documents is the key to the emergence of legal protection, for example, in cases of unauthorized seizure of the adjoining territory of an apartment building.

landscaping

As already mentioned, the issue of improvement and landscaping of this site is assigned to the jurisdiction of the selected management company or homeowners association. Due to the accumulated mandatory payments, the service company plants flower beds, mows the lawn, removes debris from it and does much more for the unimpeded use of the owners of residential premises.

The issue of cultivating land for the purpose of arranging gardens on it is regulated in a different way. If the owners decide that this land is suitable for cultivation, then they can grow vegetables and fruits, regardless of the opinion of the service organization.

Asphalting

Asphalting the adjacent territory of an apartment building is a sore subject for most residents. If earlier the housing maintenance office was responsible for such work, now the solution of the problem is completely the responsibility of the owners of this site.

Thus, if the road requiring repair is owned by residents, that is, it is not a public road, it can be repaired by the management company at the expense of additional funds collected from homeowners. This principle was established as part of the introduction of the Housing Code of the Russian Federation and the consolidation of the obligation of owners to participate in resolving current issues related to the repair of the local area.

Barrier installation

You should not compare the solution to the problem with the lack of parking spaces in business centers and apartment buildings and recklessly apply for the immediate erection of a barrier at the entrance to the courtyard.

Like all other questions, this one will depend on whether the land is owned by the tenants, and whether consent has been obtained under the general meeting. If both conditions are met, prepare technical documentation and apply to the municipal authority with a notification of the intention to erect a barrier.

The key requirement, the violation of which is punishable by refusal of permission, is the provision of access to all types of emergency services to the territory behind the barrier. As a rule, such an issue is resolved by transferring the means of raising the barrier to representatives of all emergency services. Otherwise, the building will have to be dismantled.

Parking and garages

By general rule parking of cars in the adjoining territory of an apartment building is carried out in the places designated for this or directly on the road, subject to the rules of the road. Most sites provide for a separate parking lot for a limited number of cars, which does not satisfy the interests of all homeowners. Such situations lead to the need to build additional parking spaces or even install garages.

Again, the decision must be made by the general meeting of owners, taking into account the location of communication networks and SNiP standards.

In the presented article, a rather important issue of organizing the use of the adjoining territory of an apartment building was raised. The current legislation refers the solution of almost all issues to the conduct of the general meeting of homeowners, giving them the freedom to choose the order of use common property.

The concept of the adjoining territory of an apartment building is interpreted in various variations. The Land Code tells us that the territorial space around a multi-storey residential building is the area immediately surrounding it. And everything located on it belongs to the owners of the apartments in the total share. This means that the same owners will manage the land resource. Owners can familiarize themselves with their rights in the official state regulations. Must View federal laws, resolutions of judicial plenums, housing code, municipal legal acts.

Utilities in our country most often refer to the maintenance of houses carelessly. And most often there is no talk at all about the adjacent plots. The residents themselves ennoble their yard. And in order to ennoble something, you need to know the limits of your powers and capabilities.

Dear visitors!

Our articles are informational in nature about the solution of certain legal issues. However, each situation is individual.

To solve a specific problem, fill out the form below, or ask an online consultant a question in the pop-up window below, or call the numbers listed on the site.

In order to avoid mistakes and not get into an unpleasant situation when trying to make the yard space worthy of attention, it is best to first get expert advice.

This can be done on our website for free.

• the presence of roads that are in common use;
• density of adjacent buildings;
• the number of floors in the building.

Consider the calculation formula:

The adjoining territory of an apartment building (Snor) is equated to the product of the living area in this house (Sk) per specific unit of land share per square meter. meter of dwelling (U).

S normal .. \u003d U * S to

In its turn specific unit shares of land on square meter housing is calculated based on the norms of SNiP (rules of building rationing). These standards differ depending on the year in which the house was put into operation.

If there are objects that are not part of the common property, when calculating the boundaries of the territory of the MKD (for example, a passage inside the block, which is used by two or more apartment buildings), you need to draw broken lines. You need to know that lawyers in their practice use more complex calculation formulas for border areas of MKD in meters when controversial situations between several houses.

Ownership of the territory near the apartment building

Didn't find an answer? Free legal advice!

Buying an apartment, you get not only living meters, but also the land near your house. Land is automatically included in the price of housing. This is a territory that was created for your comfort - walks, including those with dogs, playgrounds for children, parking for cars, etc. In reality, everything looks different. Especially if the house except residential apartments there are shops and offices. In such cases, most often the entire free area near the house is occupied by parking lots and parking lots.

You need to know that not tenants and shop owners decide what will be in your local area. It is the owners of apartments who decide together how to use this land. You can even fence the land and equip the football field. But everything should be done not one step away from the law. The lawyers of our site will help you with this.

The home area includes:

• the land on which the building itself stands;
• facilities that serve this building and help in operation (transformer booths, playgrounds for sports and children, parking);
• landscaping and amenities.

The management of the territory near an apartment building can take place independently, in trust with the management company, any non-profit company with the necessary specialization.

Rules for fencing the local area

Each house is usually inhabited by an enthusiast who sets himself the goal of ennobling the local area. But in order for the noble impulse not to get mediocre, this territory must be protected from intrusion. Who can encroach on your territory? Dogs, passers-by, homeless people, parking attendants, unscrupulous drivers who have few roads and they climb into a private yard. Any bully can violate the boundaries of the ennobled territory and spoil your work. That's what the fence is for.

Keep in mind that fencing and fencing are two different things. Types of barriers to restrict access to private territory:

• lawn - trees up to half a meter tall. Rare in use due to the requirement for constant attention and unreliability;
• decor - metal, wooden, brick fence. You can also use corrugated board;
• barrier - to partially restrict access to its territory;
• target fences - around the trash can, playground, etc.;
• temporary fences - used to protect dangerous areas, until the danger is eliminated.

Do not forget that it does not matter how many and what kind of fences you want to install, it is necessary to coordinate with the competent authorities. In order for the local area of ​​\u200b\u200bthe house to be fenced in accordance with the law, seek the advice of professionals. And then you will not be afraid of dissatisfied motorists, and neighbors from another house, and shop owners.

Car owners of apartment buildings try to park closer to their apartment. At the same time, they often do not pay attention to the inconvenience of other residents. The situation is aggravated by the lack of parking spaces in the yards of apartment buildings. In order not to lose the respect of neighbors and to comply with the norms of laws, it is necessary to know the following prohibitions:

• long-term parking with the engine running;
• parking of trucks for cargo transportation (heavier than 3.5 tons);
• blocking of passages;
• parking near garbage cans at a distance of less than five meters;
• you can not ride on sidewalks and roads for pedestrians;
• you can not park on the lawn and sidewalk;

Remember that according to the law, if a parked car interferes with passers-by or passing, municipal services or stands on the lawn, it can be towed. In this case, the owner will be punished and fined.

Another problem in the local area is illegal parking. There are a number of rules, the violation of which when organizing parking lots for cars makes their status illegal. It is quite difficult to solve the problem with informal places for cars on your own. And again there is a need to turn to lawyers and register the local area in the property.

Registration of land near an apartment building in the property is carried out in two ways. The first is suitable for newly built apartments. And two more for houses with history, that is, built a long time ago. In the first case, the house becomes cadastral. In the process of setting, the border and size of the territory near the house is determined. The developer himself forms the land plot. So, the cost of his work will be included in the price of the apartment.

When registering the ownership of long-built houses, one of the other two options is used. When the house is already registered with the cadastral services, and when it has yet to be registered. The first option is more expensive, the other two are free, but more troublesome. Anyway, free consultation specialists will be superfluous.

Any legal relationship that arises against the backdrop of problems with the territories of apartment buildings requires the intervention of people who are constantly working with this topic.

Not everyone succeeds in independently understanding the extensive theory and legislative base of adjacent territories. Lawyers who deal with similar situations on a daily basis will save you time.

The adjoining territory of an apartment building is the land assigned to the house. The tenants of the house are obliged to ensure its maintenance in the proper form, since it is in their joint ownership.

The area and composition of the adjoining territory of an apartment building

The parameters of the local area - area, boundaries - are displayed in. These data are the basis for calculating the costs of management companies for cleaning this site. If the adjacent plot is not properly designed, then the obligation to maintain it is assigned to the municipality administration.

It is believed that minimum size adjoining territory of an apartment building is equal to the area of ​​\u200b\u200bthe house. The size of the plot can also be determined by a special formula. In practice, the area of ​​the land plot is largely determined by the actual location of other objects relative to each other, the territory allocated to the developer for the construction of the building, and so on.

The site may not be on the cadastral register at all. Then access the data technical passport territory.

The transfer of the adjoining territory of an apartment building to homeowners in this building is carried out free of charge.

The adjoining territory of an apartment building is subject to taxation. The amount of the tax is distributed proportionally among all tenants.

This site is single and indivisible, that is, it is impossible to allocate a part for sale or transfer to a separate entrance or apartment.

The composition of the local area:

• the land on which the building is located;
• elements of improvement and gardening;
• other facilities necessary for the maintenance and operation of this house (transformer substations, parking lots, children's and sports grounds, etc.).

All of these objects must be within the boundaries indicated in the cadastral passport.

Owners can manage this site:

• on one's own;
• by authorizing the HOA or other specialized non-profit organization;
• entrusted to the management company.

Use of the specified land plot

Apartment owners do not have the right to restrict access to the local area, to interfere with the arrangement and maintenance of engineering communications.

Residents of an apartment building can lease part of the site, place billboards or paid parking on it. The funds received are directed to general house needs: repairs, payment of part of utility bills, etc.

All decisions regarding the fate of the site, its use (construction of playgrounds or sports grounds, parking lots, planting trees, installing fences, etc.), distribution of profits are made by homeowners at a general meeting. To make a decision, the presence of 50% of the tenant representatives from each apartment is sufficient.

If, as a result of the installation of a fence in the local area, the rights of residents of neighboring houses are violated, then in accordance with court decision an easement may be imposed on the site. So the neighbors will receive the legal right to move freely around the site. But this is only possible if there is no other way.

Pros and cons

Cons of registration of the local area in the property:

• need to pay land tax;
• on the territory there should be nothing but children's or sports grounds, as well as garages for the disabled;
• repair and maintenance of the site, including roads, becomes the responsibility of homeowners.

What's positive about this:

• so you can protect the yard from illegal buildings (high-rise buildings, supermarkets, and so on);
• you can make a profit from the use of the site and send them to the improvement of the territory or repair of the house;
• privatization is carried out free of charge.

Comments (97)

Elena | 2014/06/17

Good Evening! My daughter's garage is on the territory of the MKD, the daughter is a disabled person of the 2nd group! They want to demolish the garage! The initiator is a neighbor! She wants to put a parking lot in this place! Does the neighbor have the right to do this? Thank you!

admin | 2014/06/27

Hello, Elena! The adjacent territory belongs to all owners of the apartment building. To erect a building on it, you must first obtain permission from the majority of the owners. If your daughter does not have such permission, and the garage is unauthorized construction on the territory of the MKD, try to get such consent from the owners at least now. If the majority of owners are in favor of the demolition of the garage, then the law will, of course, be on their side. As for disability, the law allows building garages near the house without the consent of neighbors only by a veteran of the Second World War. In your situation, the best way out is to negotiate with other apartment owners. By decision of one neighbor, the garage, of course, will not be demolished, but if the majority of neighbors are on her side, then the situation may end up not in your favor.

Elena | 2014/07/21

Our HOA decided to fill the site from the end of the house under the parking lot. An underground and above-ground branch of the gas pipeline passes through this section, and various pipes run underground - sewerage, water supply and heating. This is not agreed with municipal services. To what extent is it legal?

admin | 2014/07/25

Hello, Elena! Members of the HOA Those who decide to organize parking in the local area must go through the approval procedure with the municipal authorities.

Zhanna | 2014/07/30

Hello, the HOA of the neighboring house is installing a fence according to its boundaries. As a result, our house will be fenced on both sides. On the one hand, the distance will be no more than 2 meters, and from the side of the entrance doors to the entrance, 2.5-3 meters. It should be noted that our house is on a hill, so there is also no access to the house from the third side. I would like to know what regulations govern the installation of fences, and how we can find out if they are observed. And can the owners of a neighboring house put up a fence around the perimeter of their territory, if this will prevent cars from passing to another house, I mean emergency and firefighters. Thanks in advance for your reply.

admin | 2014/08/21

Hello Zhanna! The installation of any fences in the adjacent territories is regulated by the regulations of municipal authorities (for example, in Moscow this is Decree of the Moscow Government N 428-PP of 07/02/2013). Usually, such work requires not only the consent of the majority of apartment owners in the house, but also prior approval of the installation of fences with local authorities and, of course, it is required to ensure guaranteed access of any emergency services to all houses. Failure to comply with these conditions may lead to the forced dismantling of fences.

Olesya | 2014/10/31

Good afternoon! Please tell me, I am the owner of the apartment and the chairman HOA of an apartment building Houses. On the territory of our house (that is, near the foundation), the builders of the adjacent house under construction began excavations and laying an electrical cable to the central electrical panel. The workers did not have permission to do so. Please tell me if they have the right to these works without the consent of homeowners and representatives of the HOA? And what should be the distance from the blind area of ​​\u200b\u200bthe house and the cable laying? How many meters is the pre-house territory owned by the HOA? Thank you in advance.

admin | 2014/11/08

Hello Olesya! All permits for electrical installation and other work are obtained by the developer in the city administration, and that is why the actions of the workers are legal, and all Required documents you can request through the builder. When carrying out work, distance standards must be observed, namely, at least 10 meters. As for the size of your house territory, its exact dimensions are based on the norms of urban planning and land legislation, and you can find out your exact house area from your developer in the project declaration and other documents for the house.

Irina | 2014/11/30

In a neighboring house, a private enterprise ultrasound diagnostics. Parking private cars near our house to the parking lot made by the owners of the apartments for own funds with the permission of the village administration. Do we have the right to prohibit cars from being parked in our parking lot? You asked nicely, but it doesn't work.

admin | 2014/12/08

Hello Irina! In your situation, you can initiate a meeting of the owners of the residential premises of your house, at which the majority of the owners will decide to isolate your parking spaces from the common areas. However, it should be borne in mind that the measures you take to protect the territory should not prevent the passage of special equipment.

admin | 2014/12/30

Hello Sergey! It is possible to answer your question accurately only after studying the project declaration and other documents for the house, since it is these documents that determine the area of ​​\u200b\u200bthe adjacent territory. As a rule, courtyard areas are a category of common areas.

Oksana | 2015/01/15

Hello! Novosibirsk. The house is huge. U-shaped, 17-floor. The area around is small. Where there were garbage cans, in the summer for some reason they attributed this territory to the fence of a paid parking lot, and today they are digging a hole there and they say that instead of a parking lot there will be a construction of a candle. Candle windows will look into ours at dist. 10-15 meters, there will be 5 meters of earth around the candle. Crossroad corner. The entrance will be from the very intersection, horror .... Parking, as I understand it, will be on our territory, where there is nowhere for an apple to fall. Tell me where I can look at the territory standards for our house, how to find out why it is being cut and how to deal with such spot developments.

admin | 2015/01/20

Hello Oksana! First of all, on your question, it is worth noting the fact that the size of the adjacent territory is established in the project declarations. As a rule, the size of the local area is just 5-10 meters. As for infill development, a building permit is issued by the administration of your city in accordance with the development plan, and also taking into account compliance with urban planning legislation. Indeed, today the problem of infill development is one of the most pressing issues, but the resolution of this issue is entirely the responsibility of the city administration.

alexander | 2015/01/16

hello. I am the owner of an apartment in an apartment building. I park the car in the courtyard of the house. My neighbor props me up, interferes with the exit and claims that this is his place. How to deal with such illegal actions?

admin | 2015/01/22

Hello, Alexander! In accordance with the norms of the Housing Code, the owners of residential premises in an apartment building equally own, use and dispose of common property, which also includes the adjacent (yard) territory and, as a result, parking spaces in this territory. Therefore, you have exactly the same right to a parking space as your neighbor, so all claims by your neighbor that this parking space belongs to him are untenable.

Julia | 2015/01/25

Hello. Can you please tell me if it is legal to build garages in the yard of the house? The house is multi-apartment, five-story. Garages were erected about 30 meters from the walls of the house. The garages are about 20 meters from the playground. Some garages are equipped with potbelly stoves. When these stoves are heated, it smokes. You open the windows and the whole stink in the apartment. Help, what can be done?

admin | 2015/01/31

Hello Julia! First, you need to find out if the land on which the garages are built belongs to the local area. The dimensions of the adjacent territory are established in the project documentation for the construction of an apartment building. If the land on which the garages are built belongs to the adjacent territory, then their owners did not have the right to build garages on these plots without a general decision of the meeting of all owners of the apartment building. If this land belongs to the municipality, then I recommend that you apply to the city administration, because if these garages are built without the appropriate permission of the administration, then these buildings can be recognized as unauthorized and subsequently liquidated.

Andrew | 2015/01/31

Hello. The land under our apartment building is on the cadastral register. It was formed on the pavement of the house. The building is quite dense. From the side of the facade there is an access road and flower beds. Behind the green area with playgrounds. On one side there is a road, on the other a small dirt area and a swamp. The area was covered with rubble and used for parking. Recently, three smart neighbors told everyone that they would build three garages on the site where the swamp was, that the land had already been registered. Indeed, plots for the construction of garages appeared on the cadastral map. The address of these sites says “30 m southeast of house number”, in fact, there are 8 m. Total. We turned to the Administration, KUMI. The administration says that nothing can be done, an auction has been held, the only way to go is through the courts. In KUMI they don’t say anything, how could they lease the plots like that ?, they say that the cadastral engineer measured from the middle of the house (some kind of nonsense). Please tell me what regulations may be used in the preparation of an application to the court. How to prove to the court the illegality of the decisions of state authorities on the formation of land plots for garages in this place, because they took away part of the adjacent territory from us. The land plot under our house was drawn up by the builder of the house, and not by the homeowners. We would take the local area. But what to do now if our adjacent territory does not fall into the area under the house?
Thank you in advance.

admin | 2015/02/05

Hello Andrey! Before filing a lawsuit, you need to study project documentation developer for your apartment building, namely: from these documents you need to find out what size of the territory belongs to your apartment building residential building. If it follows from these documents that the land belonging to the adjoining territory of an apartment building has been leased, then you can indeed file a claim with the city administration. When applying to the court, most likely you will have to prove that the garages built on the land are illegal building, as well as to prove the invalidity of the lease agreement for a land plot for the construction of garages. These relations are regulated by the Civil Code of the Russian Federation.

Diana | 2015/03/15

Hello! We have a garage for a disabled person with a sign on the territory of the playground, and he considers the place in front of the garage to be his parking space. Garage for rent. The car is not parked. Is it legal to build on a playground? And where can I turn to move the building.

admin | 2015/03/19

Hello Diana! You can file a reasoned complaint with the administration locality. In the complaint, ask the administration to give a detailed answer about whether the owner of the garage has permission to build it, whether there is any information about the rights of this citizen to the plot of land on which the garage is located. If the written response of the administration does not satisfy you, you can apply to the court with a statement of claim to recognize this garage as an unauthorized construction.

Sergey.Svirsk | 2015/03/21

Hello! There is doubt about the proportionality of the fenced adjacent territory of the 5th floor of the house. Almost tightly, at a distance of more than 5 m from the house along the entire length. The entrance from this side is not available to the firefighters of the Ministry of Emergency Situations. Are the actions of the administration, housing and communal services on the construction of such a fence legal? Thanks.

admin | 2015/03/29

Hello Sergey from Svirsk! technical regulations about the requirements fire safety it was established that for buildings and structures the arrangement of fire passages and access roads for fire equipment should be provided. Thus, if the passage of specialized equipment to your home is difficult, the housing and communal services authority that installed such an obstacle may be held administratively liable. In this regard, you can apply with a written statement to both the administration of the locality and the police.

Maria | 2015/03/30

Hello! How can you determine the size of the adjacent territory if the house was built in 1931 and there are no documents confirming the size of the adjacent territory. And next to the house, they sold a plot for construction and delimited it in such a way that its border is closely adjacent to one of the walls of our house. The administration was advised to write a statement in order to revise the site survey, but it’s not clear how to draw it up correctly and what urgent facts to rely on. If you can advise, we will be very grateful.

admin | 2015/04/06

Hello Maria! To begin with, it is necessary to clarify whether there is a cadastral passport for this house. If there is a cadastral passport, then the area of ​​\u200b\u200bthe adjacent territory of the house is reflected in it. It is believed that the minimum size of the adjoining territory of an apartment building is equal to the area of ​​\u200b\u200bthe house. Also, the size of the plot for each specific apartment building can be determined using a special formula. If you think that the boundaries of the land plot under the apartment building are defined in violation, and the size of the adjacent territory does not correspond to the area of ​​the house, then you can apply to the administration with a request to revise the boundaries of the land plot under your apartment building. As for the preparation of this statement, it can be drawn up in free form with a simple written indication of the facts available.

Sergei | 2015/04/04

Hello! How can I enlarge the yard area of ​​the MKD? Namely, is it possible to buy dilapidated garages adjacent to the house and, after cleaning the territory, properly register it as common property ... Thank you!

admin | 2015/04/08

Hello Sergey! It is possible to increase the adjacent territory by buying out the adjacent territory only after the decision of the general meeting of residents, since the reduction or increase in the adjacent territory in accordance with the Housing Code is carried out precisely after the approval of such a decision by the general meeting of owners of residential premises in an apartment building.

Stepan | 2015/04/06

Good afternoon. Please advise how to lease the adjoining territory of a high-rise building for the business of renting children's electric cars?

admin | 2015/04/13

Hello Stepan! In accordance with the norms of housing legislation, the land plot under the apartment building and the adjoining territory of the apartment building are the joint property of all residents of the apartment building. Any decisions on the disposal of common house property are also taken by the owners of an apartment building at a general meeting of residents. Thus, at a general meeting of tenants of an apartment building, a decision should be made to lease a plot of the adjacent territory to you.

Anna | 2015/04/14

Hello!
We are the owners non-residential premises(shop) in MKD. We privatized the shop in 1993, together with it, under the contract, we got a building (tarnik), which is located on the territory of a neighboring house. Ownership of the tarnik, spelled out in the contract. Now the residents of the neighboring house want to make a parking lot with a proposal to demolish our container. Do they have such a right?

admin | 2015/04/21

Hello Anna! If through privatization you have acquired the right of ownership of the store and additional objects (tarnik), no one has the right to deprive you of your property except by a court decision. In your case, the court also cannot arbitrarily deprive you of the ownership of your property. It is illegal for tenants to demolish your property.

Alexandra | 2015/04/15

Hello! The tenants of the house and I decided to register the adjacent territory of the house (built in 1986) as the property from the documents only the cadastral plan of the land plot, what to do next? where to go? Thanks in advance for your reply.

admin | 2015/04/21

Hello Alexandra! You need to apply with a collective application to the administration of your locality, on the basis of which the administration should apply to the Rosreestr authorities for registration of a land plot (adjacent territory) in common property tenants of an apartment building.

Alexander | 2015/04/16

Hello. I would like to know what kind of construction is possible (if possible) on the adjacent plot, except for garages and other things? I would like to build a summer house (the size of the plot allows, the neighbors have no complaints about this, a house for two families). Thank you in advance

admin | 2015/04/21

Hello, Alexander! Any plot, as well as a plot of the adjacent territory, should be used based on the purpose (category) of the land plot. In this case, on the adjoining territory of an apartment building, the placement of objects capital construction and residential buildings are not provided, since the adjacent territory implies the location of some elements of improvement on it.

Evgeniya | 2015/04/19

1. If the adjacent territory of the MKD is not registered as the property of the residents of the house, do they have to pay for cleaning the adjacent territory, for cutting emergency trees, etc.?
2. In the cadastral passport, a scheme of the land plot is given, the position of the house is not indicated on it. How to determine how many meters from the wall of the house are “ours”, and where they are no longer there, and whether emergency poplars are our property or not?
3. If these poplars are on the property of the house, should the residents of this house coordinate their cutting with the city administration?
Thanks!

admin | 2015/04/26

Hello Evgeniya! Regarding your questions:
1) If the adjacent territory is not registered in the common property of the residents of an apartment building and is not reflected in the cadastral plan as part of the land plot of an apartment building, the residents should not pay for the maintenance of such territory.
2) To determine the size of the local area, you need to apply with a corresponding application to the city administration, as a result of which the area of ​​the local area will be calculated using a special formula. As a rule, the area of ​​​​the adjacent territory is equal to the area of ​​\u200b\u200bthe house. If emergency poplars are within the boundaries of your local area, you will bear the cost of their maintenance.
3) If emergency poplars are located within the boundaries of the local area, cutting down with the administration does not need to be coordinated. The decision of the general meeting of tenants of an apartment building will be enough, however, it is necessary to cut down poplars only after establishing their ownership either by residents of an apartment building or by the administration.

Marat | 2015/04/20

I am a tenant in an apartment building, how can I legally get a parking space?
An illegal paid parking lot is organized in the yard, why should I pay for the local area.

admin | 2015/04/26

Hello Marat! Since you are a tenant of an apartment building, you have the right to use the common property (parking lot) for your own purposes on an equal basis with other tenants. In this case, I recommend that you collect the signatures of residents on the recognition of paid parking in the local area as illegal and contact the city administration. You can also go to court.

Tatyana | 2015/04/23

Hello. I have an apartment under a social tenancy agreement, do I have the right to put a car in a common parking lot located on the adjacent territory, and do the apartment owners have the right to prohibit me from doing this by ownership of the territory, parking has existed there since the construction of the house, i.e. e years 50..Thank you

admin | 2015/05/03

Hello Tatiana! Since you live in an apartment on the basis of a contract social recruitment, this means that the apartment has a different owner, to whom this dwelling belongs precisely on the right of ownership. If we turn to the norms of the Housing Code of the Russian Federation, then it follows from them that the tenant of an apartment under a social tenancy agreement has all the rights in relation to this apartment, except for the right of disposal, and also bears the costs of paying utility bills, also has the right to use the property of an apartment building. As a conclusion, the claims of your neighbors are groundless.

Sergei | 2015/05/15

Hello. I am a homeowner in an apartment building. In the courtyard on the adjacent territory, the construction of a store began (not capital structure). The land is owned by the administration municipality. The homeowners did not give building permits. Do I need to get permission from the homeowners? Does the fact that the municipality is the owner change anything? Thanks

admin | 2015/05/23

Hello Sergey! If the land plot on which the store is being built is really and according to cadastral and other documents belongs to the territory of an apartment building, then the disposal of common property should be carried out only on the basis of a decision of the general meeting of residents of the apartment building. To resolve your issue, you need to study in more detail the title documents for the house and land.

Anna | 2015/05/20

Hello! I changed my place of residence (I am the owner of the acquired housing). In the “new” courtyard of an apartment building, many of the residents have designated parking spaces for themselves (number painted on asphalt, chains, bottles, etc.) from which they drive other car owners away. At the request to provide documents on the ground, they snort and send in a certain direction.

Is it possible to legally buy out such a parking space in the courtyard of a high-rise building?

Recently, having parked, it would seem, in a no-man's place (there were no signs of ownership), in the morning I received a gift in the form of punctured tires. Most likely the donor is the “owner of the place”.

I would like to know how legitimate such a “seizure” of places is. And how to deal with it.

admin | 2015/05/26

Hello Anna! This “seizure of places” in your situation is extremely unlawful, since, in accordance with the norms of the Housing Code, the owners of apartments in an apartment building equally use common property, among which there are parking spaces. As for the redemption of the plot, you need to apply to the administration for a buyout or apply to the HOA with the same application if the land plot under the house belongs to the HOA. As for damage to your property, then you can apply to the district police officer or to the court on this fact. Most likely, contacting the district police officer will help you solve the problem with unscrupulous tenants.

Edgar | 2015/05/23

Hello! Please tell me, the MKD has a house adjoining territory, there is a castor passport, a number, can the residents and the HOA rent out a piece of land for rent, say, for a shopping pavilion?

admin | 2015/05/26

Hello Edgar! If an HOA is organized in your house, then by decision of the general meeting of tenants of an apartment building, part of the land under the apartment building can be leased to third parties, and the profits received can be spent on the maintenance of common house property.

Eugene | 2015/06/03

Hello! A garage for a disabled person living in our house was built on our territory, the disabled person is no longer alive, and the garage passed into the possession of a person living in a neighboring house in some unknown way, is it possible to demolish this building as not legal?

admin | 2015/06/15

Hello Eugene! To recognize the construction as unauthorized (illegal), you, as interested persons, can apply to the court. If the court decides to recognize such a structure as illegal, the person owning it will be obliged to liquidate such a structure at its own expense.

Margarita | 2015/08/21

Hello! Your help is urgently needed... The situation is this... I bought an apartment in an eight apartment building in the countryside, a one-story house... Everyone has a separate entrance, opposite the land. plot .. There is a cadastral passport for the land of the whole house ... The neighbors don’t want to do land surveying, because by seizing, each one allotted his acres to himself, when buying, it turned out that I was deprived of my three acres of land, since on my territory, it’s already standing a neighbor's bath and fenced.. Can I make a land survey without their consent and privatize my share? And what about these buildings? Thank you in advance, I really appreciate your help...

admin | 2015/09/01

Hello Margarita! For a complete answer to your question, it is necessary to obtain more detailed information about the land plot, namely, whether the land plot has an owner or whether this land plot is a land plot attached to an apartment building and belongs to the common property of the residents of an apartment building. If this site belongs to common property, you also have the right to use it on an equal basis with neighbors.

Eugene | 2015/09/09

Hello! our house is being demolished, is it possible to include the adjacent territory in the redemption price, the adjacent territory is marked off in favor of the owners, as it is written in the cadastral passport, when setting the redemption price of my room, does this give me any rights.
thanks

admin | 2015/09/18

Hello Eugene! Subject to the distribution of the adjacent territory in favor of the owners during the demolition of the house, you must be provided with an equivalent living space in terms of area. The difference for the cost of the land can be paid in the form of monetary compensation.

Victor | 2015/09/30

we have a cadastral passport, but on our land there are capital garages that are not in Rosreestr, what should we do with these garages

admin | 2015/10/08

Hello Viktor! If the land plot belongs to you by right of ownership, you can recognize the garages located on it as unauthorized construction. If the land plot you indicated belongs to the adjoining territory of an apartment building, you need to apply to the administration or to the court.

Elena | 2015/09/30

Hello, we bought an apartment in a house after reconstruction, before it was a sanatorium building, is the developer obliged to equip the adjacent territory.

admin | 2015/10/08

Hello, Elena! As a rule, landscaping is already included in the construction (reconstruction) project of an apartment building. In addition, the design should provide for landscaping within the original land allotment. These standards are established building codes and rules (SNiP). Thus, the improvement of the local area is the responsibility of the developer.

Roman | 2015/12/11

Hello. Please tell me the provisions of the law, which say that it is possible to put a garage in the local area if it has already been privatized. Also: is it only for disabled people? Do you need the consent of the owners 2/3? Thanks.

admin | 2015/12/22

Hello Roman! If the adjacent territory is privatized into the common shared ownership of all residents, then their consent will be required to build a garage, since, in accordance with Article 247 Civil Code of the Russian Federation, the possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. This provision of the law applies to all categories of citizens, including those with disabilities.

Olga | 2015/12/21

good afternoon! our management company serves MKD with a large local area, at the intersection of three central streets! the house has a large adjacent territory, the UK cannot clean such a large land plot due to lack of funds (one janitor cleans the territory inside the house and from the side of the main streets). We offered the owners of non-residential premises to carry out cleaning in front of their offices themselves, with a reduction in the size of the housing maintenance item at the cleaning point. They refused and threatened to bill us to a cleaning company that charges three times what we spend on paying the janitor! tell me how to resolve this situation!

admin | 2015/12/30

Hello Olga! In this situation, you can conclude on behalf of the tenants an additional agreement to the contract with the management company. In addition, based on the decision of the general meeting of tenants of an apartment building, you can organize an HOA, which will resolve emerging issues related to the maintenance and maintenance of common house property.

Julia | 2016/02/06

Hello. I am the owner of the apartment. We have an HOA. The problem began to arise precisely with parking spaces for cars. The fact is that there are parking spaces between the two entrances. I live in the 7th entrance. Everyone from entrance 8 put cars there, I used to put cars there too. Then the chairman of the HOA said: "clean up your car, buy a garage." In principle, in order not to conflict, I removed the car. Then I bought a new car, as a result, they put it in its place, and those who “earlier” put the cars there began to complain, as a result, the chairman of the HOA began to express and say: “What would I put in a paid parking lot, I’m wrong and didn’t pay for gravel” . But it seems that according to the housing code, there may be parking, but there are no separate parking lots assigned to one or another owner. Is this true? How to deal with such illegal actions? Thanks

admin | 2016/02/15

Hello Julia! Indeed, in accordance with the norms of the Housing Code of the Russian Federation, the owners of apartments in an apartment building have equal rights in using the common property of an apartment building. The use of the common property of an apartment building is carried out on the basis of an agreement between the tenants. In case of failure to reach an agreement, the procedure for the use of common property shall be established by the court.

Natalya | 2016/02/27

Hello, my apartment is located in the Central Administrative District, parking near the house is very expensive. At the entrance to the arch, a gate with a remote control is installed. Allegedly, by the decision of the majority of the owners, it was decided to chip in for 50 tr. ostensibly to ensure the operation of the gate, the owner of one of the apartments collects the money, but she does not have any current account. I asked to provide me with a remote control from the gate, for which I received the condition that the remote control from the gate would be issued only upon payment of money. I asked to be given estimate documentation(why is this large sum) however, she refuses to provide it to me and says that by a majority vote of the owners I was deprived of the right to park on the territory of the house, although the house consists of several buildings and my apartment occupies the whole floor of one of the buildings (3-storey house). However, if I give 50 thousand, they will find me a remote control and a place. What should I do? Neighbor refuses to provide documents, hangs up. Do they have the right to deny me entry if I do not pay 50 thousand for the gate?

admin | 2016/03/07

Hello, Natalia! In this case, it makes sense for you to apply to the court with a claim to establish the procedure for using the common property, since there is a high probability that the decision of the general meeting of owners will be invalidated. In addition, you are not required to pay any cash without reading the relevant documentation.

Tatyana | 2016/04/19

Good afternoon! In the local area, residents, by decision of the general meeting, want to expand parking spaces. Please tell me whether it is possible, by decision of the general meeting of the apartment building, to move the playground and cut down the trees in the local area.

admin | 2016/04/29

Hello Tatiana! By decision of the general meeting of homeowners, such improvement measures can be carried out, however, if the residents are also the owners of this land plot, and the measures taken do not contradict the land use plans of the management company. However, you must obtain permission from the Zelenstroy where you live to cut down trees.

Alex | 2016/04/19

Hello. I am a tenant of an apartment building, there is an HOA. Question: can I install a sports ground in the local area if more than 50% of the residents of the house agree, and do I need any approvals from the city administration?

admin | 2016/04/29

Hello Alexey! The consent of the city administration is not required if more than 50% of the owners of residential premises voted for the installation of a playground. After voting and drawing up the protocol, it will be necessary to notify the management company.

Konstantin | 2016/06/16

Good afternoon! Tell me the options: I want to rent a pre-house territory (in fact, a wasteland), privatized by residents and build good garages for subsequent leasing. Is it possible to do business like this?

admin | 2016/06/27

Hello Konstantin! Since the property is owned by the tenants and you will own the buildings, if you have a dispute with the tenants over the lease, you will most likely have to go to court to get compensation for your buildings (garages).

Anastasia | 2016/07/14

Hello! The adjoining territory of an apartment building has no boundary boundaries and is owned by the municipality. Made a couple of years ago overhaul at home on account budget funds, that's all! And cleaning, landscaping the territory and landscaping the playground are carried out by the residents of the apartment building themselves at the expense of their finances. Is it correct? Isn't that part of the CC's responsibility? Can tenants file a complaint or application with the CC for a house cleaning schedule? Thanks in advance for your reply.

admin | 2016/07/21

Hello Anastasia! In the absence of an agreement with the management company, actions to improve the local area can be carried out at the expense of residents. In your situation, you should apply with an appropriate application to both the administration of the municipality and the management company. After submitting the application, you will be provided with information whether there is an agreement with the Criminal Code for the improvement of the local area.

Irina | 2016/07/21

Hello! In our house in the Center of Moscow (neither housing cooperative nor HOA), the adjacent territory is not registered as a property. However, a general meeting was held and the consent of the municipal authorities was obtained to install a gate. There are 40 apartments in the house, 30 of them have cars, so the question about the installation of the gate was decided by the car owners and received the necessary number of votes. I don’t have a car, at first I was told that I would get access to the courtyard of the house if it was necessary to transport and unload and load things, and indeed, for some time I I could open the gate using a mobile phone by dialing the number of a remote control room, but the other day, when I ordered products from Utkonos, the gate did not open. I called the gate installer, and she told me that I should pay 300 rubles a month for the loading and unloading things or driving to the house by taxi. Utkonos access to the entrance of the house, I had to pay the courier 200 rubles so that he agreed to unload outside the house and carry food around the courtyard. After receiving a complaint from me that I was restricted from entering the courtyard of the house and I had problems because of this , the gate agent stated that in all cases I can take the cart and unload without entering the courtyard to the entrance of the house, so that I stop calling her and hang up. Tell me, on the basis of which law should I pay for parking for my neighbors' cars? I'm ready pay directly for each fact that the car enters according to my needs, although even at the station and airport you can unload or load luggage for free. that they have the opportunity to park cars in the courtyard of the house, but I don’t want to pay for this opportunity. If you can’t agree amicably, then immediately go to court or there is an we are the authorities that can help me in resolving this issue. As far as I know, no one can be deprived of the right to use their property without a court decision, and the Constitution takes precedence over the decision of the general meeting, especially since the vast majority of car owners in our house and they ensured the decision was made. Thank you.

admin | 2016/07/29

Hello Irina! First of all, you need to familiarize yourself directly with the decision of the general meeting of owners, namely, to clarify how and in what order the installation of the gate should be paid, including for persons who do not constantly use such a service. You can also apply to the court with a claim to determine the procedure for using the common property, as well as to remove obstacles for you to use the common property.

Hope | 2016/08/09

Hello! In our village it is very difficult to find parking places, or rather, there are none at all. There are three car parks, but one belongs to the clinic and is closed at night, and the other two are privately owned. Residents of two houses facing each other park their cars wherever they can, including on the so-called green zone, where there is none as such. Fines for parking on the lawn began to come. When contacting the administration of the village, we were offered to register the house adjoining land as property. In this connection, the question arose whether it is worth it? After all, if it is our property, then we will pay tax on it. And not only car owners will do this, but also other owners who do not need it. Is it possible to somehow change the status of the green zone to a normal one without registering the land as a property, so that it would be possible to simply rent it to those who need it? Thanks

admin | 2016/08/15

Hello Hope! In this case, you need to register the land as a property, otherwise, other changes in the status of this land (including parking arrangements) will be possible only at the initiative of the administration and with its consent.

Alex | 2017/01/24

Hello. Buildings in the yard of our MKD are quite dense. From the side of the facade there is an access road and flower beds. Behind the green area with playgrounds. On one and the other side of the road, i.e. there is the possibility of a through passage, many residents from neighboring houses drive along the road of our yard. In our HOA, can we put a barrier on the one hand and will it be legal to do this?

admin | 2017/02/02

Hello Alexey! You have the right to install barriers if their installation does not interfere with the passage of special equipment (fire trucks, ambulances, cleaning equipment, etc.) and does not block the only passage to neighboring houses.

admin | 2017/08/07

Hello Igor! If the land in the area of ​​the apartment building belongs to the municipality, you need to apply to the administration of the place of residence with a corresponding application for the transfer of part of the land to the common shared ownership of the residents of the apartment building.

Svetlana | 2017/08/19

Hello! Management company without consent MKD owners placed garbage containers on an asphalted land plot registered in the cadastre and used by residents for parking cars. The Criminal Code does not respond to the claim of residents. garbage yard according to the norms of SanPiN does not want to. He argues that there is no other place on the land of the owners of MKD to place garbage containers in accordance with the rules of SanPiN. Are the actions of the Criminal Code legal? Can I apply to the city administration for a place for garbage containers? Do garbage containers have to be located within the cadastral area?

admin | 2017/08/31

Hello Svetlana! According to the SanPin requirements, sites for the installation of containers must be removed from residential buildings, children's institutions, sports grounds and from places of recreation for the population at a distance of at least 20 m, but not more than 100 m. If these standards are not observed by your Management Company, you can file a complaint with the Department of Rospotrebnadzor at your place of residence.

Anna | 2017/11/20

Good afternoon! Our HOA rents land from the Administration (Moscow region), installed a “park time” at the entrance to the Residential Complex and set inflated entry fees even from the owners, 50 r / h, the residents are not happy and did not give their consent, please clarify how much Is it legal and how is it regulated in MO?

admin | 2017/11/30

Hello Anna! This issue is regulated, as a general rule, by the norms of the Housing Legislation. In accordance with Art. 36 of the Housing Code of the Russian Federation, Owners of premises in an apartment building own on the basis of common shared ownership, including the land plot on which this house is located, with landscaping and landscaping elements, other intended for maintenance, operation and improvement of this house and located on the specified land objects. The disposal of the common property of the owners occurs through a general meeting in accordance with Art. 44 of the Housing Code of the Russian Federation. Thus, if a park time is installed on a land plot belonging to an apartment building, the misconduct of the administration can be challenged in judicial order.

Julia | 2017/12/07

Hello. I installed a pavilion on the local area, with the consent of the administration, and I pay the land rent to the city. Now the rent has risen is simply unrealistic, is it possible to conclude a lease agreement with the homeowners association (cooperative house). this is a house adjoining territory (I checked it according to the cadastral plan, the pavilion is exactly installed on the house adjoining territory).

admin | 2017/12/18

Hello Julia! First of all, you need to cancel current contract lease with the administration for the subsequent conclusion of a lease agreement with the HOA. As for the amounts previously paid under the lease agreement, the resolution of this issue will be possible in court if it is established that the administration, not being the owner of this land plot, received money from you for renting out such a plot. In this case, it will be possible to recover the amounts paid as unjust enrichment.

Lobanova Ella | 2017/12/22

I am the owner of non-residential premises (basement) in MKD. built an entrance group. In 2012, at the request of the HOA, we completed a cadastral plan for an MKD with a local area. The HOA did not issue a land certificate. On December 10, 2017, the HOA issued us an invoice for renting a land plot for an entrance group. Is this normal?!

admin | 2018/01/03

Hello Lobanova Ella! As a general rule, the land plot under an apartment building belongs to all owners of the premises of an apartment building. If you are the full owner of the premises, then you do not have to pay land tax.

Elena | 2018/07/10

Hello.
I live in MKD. The adjoining territory of the neighboring MKD is 0.5 meters from our house. With the improvement of their territory, a playground was built directly in front of our windows. A considerable distance from the neighboring house.
The site was equipped with benches. There are none at the entrances of the neighboring house.
To illuminate the site, a street lamp was deployed, so that it is directed directly at our windows (and the windows of neighbors), because. the platform is under them, and the lantern itself is at the height of our apartment
As a result, during the day (from 8 am to 10 pm) we hear regular noise (up to 75 dB), in the late evening the benches are occupied by adults, not always sober and quiet people.
For the rest of the night, the room is brightly lit with orange light (through the curtains), which also makes it difficult to sleep.
Do we have rights and any opportunity to regain the opportunity to rest? On the points of a lantern, benches, noise from the site.

admin | 2018/07/24

Hello, Elena! First of all, you need to contact Rospotrebnadzor with a statement that the installed light regime of the lantern violates your rest and peace at night. You can also contact the management company. As for the noise from the benches and the playground, in this matter you only need to contact the district police officer, since only the police are involved in the prevention of offenses. The more evidence you collect of the violation of your peace, the more likely you will be to consider this issue in your interests. However, in accordance with the law, this moment you have the right to demand only the relocation of the lantern.

Sergei | 2018/11/28

I live in a 9 storey mkd. Nearby at a right angle is the same 9-storey mkd. Between our houses from the ends, a small square of land is formed. There used to be a passageway between our houses. It was convenient, as the entrances are located on different sides. Now this square is completely built up as a store. According to the legislation, it is possible to recognize this site as the adjacent territory of both houses or one, and that the store owner pays rent to the tenants. On the public map this store has a cadastral number and address.

admin | 2018/12/09

Hello Sergey! First of all, you need to contact the administration with an application for clarification on the legality of building a land plot related to apartment buildings. You also have the right to file a complaint with the prosecutor's office and the court with a statement of claim to recognize the decision to allocate territory for the store as illegal.