Who is involved in landscaping the local area? Landscaping and landscaping of the local area of an apartment building: responsibilities of the management authority and the HOA

From the article you will learn the requirements for the improvement and maintenance of the local area, who has the right to improve the yard of an apartment building, standards for fencing, landscaping, cleaning, installation of playgrounds, parking lots, and small architectural forms.

What is landscaping of the local area of an apartment building?

Each apartment building managed by any organization has a local area that varies in size, set of elements and, as a result, functions. The surrounding area needs improvement, care, and landscaping. A set of requirements for the management authority for the beautification of the territory of an apartment building is established at the legislative level, and is also determined in each specific case by the decision of the owners, based on the results of the general meeting.

Landscaping of the local area of an apartment building is a plan of measures carried out to comply with sanitary and hygienic standards, to maintain conditions for comfortable use of the local area and the objects located on it.

RF PP dated April 3, 2013 No. 290 defines the minimum list of services and works necessary to ensure proper maintenance of the common property of apartment buildings. The same document specifies the minimum scope of work for maintaining the courtyard area of an apartment building, which includes:

Non-seasonal types of work, throughout the year:

Activities to improve the local area must be carried out by the management company daily, with priority given to sidewalks and pedestrian areas, in accordance with the requirements of SanPiN. In addition to the listed types of work, additional ones may be determined, which must be specified in the management agreement, based on the decision of the owners of the apartment building premises.

Who has the right and obligation to carry out landscaping in the local area of the apartment building?

Who bears the responsibility for maintaining the local area depends on the type of ownership of the adjacent land, as well as on the form of government of the apartment building. MAs are required to carry out work to maintain the local area only in that area that is part of the common property. The list of works will depend on the area of the land plot owned by the owners. If a pedestrian zone or playground is located on municipal land, the management authority is not obliged to engage in its improvement and cleaning. In this case, the local government body is responsible for the content.

To make sure that the land next to the apartment building belongs to the owners of the premises, you need to check the following facts:

Formation of the land plot under the apartment building and around it;
The land plot has been assigned a cadastral number. To verify this information, you must complete a request to Rosreestr.

If the specified conditions are met, then the adjacent territory is automatically the common property of the residents of the apartment building. In this case, they are obliged to monitor the condition of the site they own and the property located on it by concluding an agreement for the management of apartment buildings with an organization or creating a homeowners association or housing cooperative. The management agreement (for management companies) or the estimate (for homeowners' associations, housing cooperatives) must stipulate work on the improvement and maintenance of the local area.

What rules and types of landscaping exist?

As mentioned above, there is a main and additional list of works for landscaping the local area. However, even additional work is subject to legal norms and requirements. Management organizations, homeowners' associations, housing cooperatives must be guided by the following regulatory framework:

Constitution of the Russian Federation,
Housing Code of the Russian Federation,
RF PP dated August 13, 2006 No. 491;
RF PP dated April 3, 2013 No. 290;
SNiP III-10-75;
SanPiN No. 2.1.2.2645-10;
SanPiN 2.2.4.548-96;
SanPiN 42-128-4690-88;
Resolution of the State Construction Committee of September 27, 2003 No. 170;
Town Planning Code of the Russian Federation;
Federal Law “On Environmental Protection” dated January 10, 2002 No. 7-FZ;
Decree of the Government of the Russian Federation dated August 13, 2006 No. 491.

There are main types of work to improve the local area (they were listed above) and additional ones.

Additional types include:

maintenance and arrangement of children's playgrounds and sports grounds;
landscaping;
paving;
lighting;
arrangement and maintenance of parking spaces;
content of small architectural forms;
construction of fences and barriers.

Let us consider in more detail each type of basic and additional work, as well as the requirements for their implementation established by law.

Fencing

Often, owners are forced to fence off the area adjacent to the house in order to limit access to unauthorized persons, and also to prevent parking of other people's cars in the courtyard of the apartment building. When constructing enclosing elements, you should adhere to some nuances:

Free access to common property must be ensured for emergency services and repair teams;
The territory should not be enclosed by a solid fence if residents of neighboring high-rise buildings have no other way to pass or travel other than through the courtyard of this apartment building;
Access to the courtyard area must be provided for the transport of special services: ambulance, Ministry of Emergency Situations, police, city gas service;
The parking lot or playground may be fenced in whole or in part, at the discretion of the owners;
If the land of the apartment building is not part of the common property, its fencing must be agreed upon with the compulsory medical insurance.

landscaping

Article 3.8 of the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” prescribes the rules for landscaping the local area. Based on the contents of this document, the following main points can be highlighted:

Cutting down trees and bushes without a permit is prohibited;
Caring for plantings and ensuring their safety must be carried out by land owners represented by a service organization: watering plantings, cleaning reservoirs, preventing trampling or freezing of the lawn, carrying out authorized cutting down of trees, laying out flower beds and flowerpots, informing residents about caring for landscaping elements.
It is necessary to landscape the yard taking into account the geographical climatic features of the area;
It is not allowed to carry out activities or work that could lead to damage or death of trees, bushes, or other plantings;
It is forbidden to burn branches, foliage, brushwood;
If pests are found on the crowns of trees or in the lawn, you must contact specialized services.

Cleaning

Cleaning the local area belongs to the basic minimum list of works for maintaining the courtyard area. But it should be borne in mind that there are requirements for the implementation of this ordinary and understandable event:

Cleaning of the roadway, as well as sidewalks over 3.5 meters wide, is carried out using specialized cleaning equipment;
In cases of cleaning sidewalks with equipment, specialized places must be equipped for its entry; the frequency of cleaning is determined by the local self-government body, depending on the class of the sidewalk.
Summer cleaning and watering should be done in the early morning or late evening hours;
The frequency of cleaning in winter is determined by the class of sidewalks: in the absence of snowfall - once every 3 days (class 1), once every 2 days (class 2), once a day (class 3);
Snow moved from sidewalks must be stored along the passage of snow removal equipment, or on lawns or free zones, while ensuring the safety of plantings;
Ice dams must be treated with special mixtures, after which the softened formations must be shifted and removed. It is prohibited to store snow and ice treated with reagents near plantings.
In the off-season, appropriate cleaning of the MKD yard should be ensured.

Small architectural forms

Small architectural forms (SAF) include furniture (benches, gazebos, benches), landscaping devices (vases, trellises, trellises, flower stands), water forms (fountains, fontanelles, artificial ponds).

The following requirements apply to the MAF:

they must be installed taking into account the terrain features of the territory;
must fit organically into the architecture and landscape design standards;
must comply with safety standards and requirements during operation;
the materials from which MAFs are made must be selected taking into account the climatic characteristics of the environment.

Parking arrangements

It is impossible to imagine modern courtyards without parking for vehicles, but there are still old urban areas that are not equipped with parking spaces. Owners can independently, through a general vote, organize a place for temporary parking in their local area. Parking must also meet the necessary standards:

the distance between the windows of the 1st floor and the car must be at least 10 meters;
if the parking is intended for more than 10 cars, then the distance to the windows of the apartment building should be increased to 15 meters;
parking for 100 units of equipment can only be organized if project documentation is available;
Parking lots located on the territory of apartment buildings with a height of 28 meters or more must have at least 2 exits.

Playgrounds

The list of rules for the organization and arrangement of children's playgrounds and sports grounds GOST reads:

The site must be located away from parking lots, roadways and pedestrian areas;
The playground should be equipped taking into account the age group of children visiting it;
There should be green spaces in the form of trees around the site to create shade in the summer;
Management companies, homeowners' associations, housing cooperatives must maintain the playground in accordance with GOST requirements: regularly repair equipment, do cleaning, replace the coating, inspect and monitor its general condition.

How to respond to residents’ complaints about landscaping

The management organization, homeowners' association, housing construction cooperative are responsible for the maintenance and improvement of the local area. For violation of the above requirements for improvement elements, service organizations may be held administratively liable. Homeowners' associations that improperly maintain the territory of an apartment building can be fined 40-50 thousand rubles; Management Company - for 250-300 thousand rubles; in case of non-compliance with the order of the Civil Housing Inspectorate, penalties in the amount of 10-30 thousand rubles are provided. Officials of the relevant organizations may be fined: 4-5 thousand rubles - HOA employees; for 50-100 thousand rubles or dismissal from their position for 3 years - employees of the management company. For failure to comply with the instructions of the Civil Housing Inspectorate, an official may be held liable in the form of a fine in the amount of 1-2 thousand rubles or dismissal from his position for 3 years.

In order to prevent the listed penalties, service organizations need to promptly respond to complaints from owners regarding the improvement of the territory, and just as quickly eliminate their causes. In addition, it is necessary to publish telephone numbers and other contacts on information desks through which owners can contact the MA in the event of a malfunction or service complaint.

For different topics of residents’ requests, the legislator has established different deadlines for preparing a response. Experts from the magazine “Management of MKD” have prepared a memo with the type of complaint and the time frame for responding to it. Download the guide and use it in your work.

Watch an educational video about the local area:

The really good news is that the federal program for landscaping courtyard areas will come into effect from 2018 to 2022. This name has an expanded meaning - not only courtyards, but also squares, parks, squares, and embankments will take on a new look. But the bulk of the money is intended for improving courtyard areas.

The federal government allocates an amount of 20 billion rubles from its budget. The money will be distributed among the regions, and their administrations will have to think through the correct scheme for the further use of these funds.

The allocated money is intended for the improvement of public places. Permission from ordinary residents to improve squares and parks is not required, since their rights will not be violated in this case. But residents will have obligations after landscaping the adjacent areas. These places will acquire the status of common property. Apartment owners are obligated to pay for maintaining their yards in proper condition.

Distribution by region

There are 85 regions in the Russian Federation. They differ in the size of their territories and numbers. The largest region in terms of population is the federal city of Moscow. However, it is one of the smallest regions in terms of area. The opposite situation is in Yakutia. There are apparently still more squares, parks and courtyards in large populated areas. As we can see, implementing the program is not an easy task already at the first stage.

Adoption of municipal programs

To receive money from the federal budget, regions and municipalities must develop their own program and approve it. What is unusual is that this can be influenced by the residents themselves. Landscaping activities are carried out in the courtyard areas of apartment buildings only.

The municipal program for the improvement of courtyard areas, starting in 2018, includes a list of addresses of adjacent areas of apartment buildings that need improvement. Government Decree of the Russian Federation No. 169 regulates that approval must be made no later than December 31, 2017.

Which localities can participate in the program?

Order of the Ministry of Construction of the Russian Federation No. 691-pr approved methodological recommendations, according to which municipalities with a population exceeding 1,000 people participate in the program.

Who takes care of the yards now?

According to the Housing Code, the land plot on which the house is located is common property. But for this, a formality must be completed - an official transfer. In fact, most yards did not go through this procedure. Therefore they are considered municipal property.

Every year money is allocated to maintain order in them in accordance with one’s own taste and financial capabilities. Residents of the house are not surveyed and, accordingly, their wishes are not taken into account. The residents of the house do not consider themselves owners and do not treat their property with particular care.

New rules

In 2022, after the end of the program, new rules will be introduced. Landscaped and well-kept courtyards will begin to be considered part of the common property. Residents already know what this means - they pay for the maintenance of roofs, basements and entrances. You will also have to pay for maintaining order in your yards. But for the already established order!

Thus, the state first helps with considerable money over a long period of time to clean up the yard, and then this responsibility passes to the apartment owners.

The further fate of each yard depends on the will of the residents of the house. It is important that they understand: the yard area will be included in the program only if they take the initiative. This is decided at a house-wide meeting, where residents will be familiarized with a list of minimal work that can be done in their yard.

At the meeting, a decision must be made on what improvements should be made. If additional types of work are expected, you need to find out whether the residents are ready to participate financially and personally. At the meeting, a person is selected who will further represent the interests of the residents of the house and monitor the safety of the acquired improvements.

Examples of minimal and additional work are shown in the table.

If a decision is made to carry out additional work, then the number of people willing to participate in this should be found out.

Participation can be:

Labor. It is free and voluntary. This includes participation in community cleanups, construction and painting work, installation of trash cans and benches, landscaping, and cleaning of the area.
Financial. This means funds collected in the form of one-time payments (the amount must be no less than that approved in the decision of the meeting) and the attraction of sponsors.

Meetings can be organized by: the housing and communal services board, the management company or proactive residents. For notification, you can post notices indicating the agenda, place notifications in mailboxes, or call for personal communication. All decisions made at the meeting are recorded in the minutes.

On the municipal government website you can find out which specific yard is included in the program.

What is necessary to include the local area in the improvement program

In order for a specific yard to be included in the program, the following actions must be performed:

Create an initiative group.
Make a list of desired changes.
Draw up a diagram of the yard with proposed improvements.
Hold a general meeting of residents, after which a protocol will be drawn up.
Submit an application for participation in the program to the municipal authorities.

If, according to the cadastral passport, there are several houses located in the local area, then the initiative group must include representatives of each of them.

The drawing indicates existing and planned objects. Proposed innovations must comply with the municipal program. For example, installing a monument in the yard may not be included.

A positive decision is made if a majority of those present at the meeting votes for it. Based on the results of the meeting, a protocol is drawn up.

Then an application for improvement is submitted to the municipality. A public commission created there will review it and organize public discussion. The municipal organization will submit a design project for the yard for consideration, which requires approval from representatives elected at a general meeting of residents.

Based on the design project, the municipality will organize a competitive selection of contractors to carry out the necessary work. Representatives from the initiative group carry out intermediate monitoring of the progress of work.

Further maintenance of the yard can be carried out by the residents themselves or with the involvement of third-party organizations for an additional fee.

Participating in the program and discussing details together has an additional bonus - it brings together people living in the same house.

Look video about the program for landscaping courtyard areas:

The Ministry of Construction of the Russian Federation continues to work on the national project “Urban environment and housing and communal services”. On the department’s website, in the “Documents” section, you can find interesting infographics that present the principles improvement of courtyard areas.

We propose to take a break from the discussion of the resolution of the Government of the Russian Federation dated December 26, 2016 N 1498 and turn to the eternal - maintenance of common property in the apartment building.

Land plot as part of common property

The courtyard area is a source of eternal disputes between premises owners and management organizations. A land plot is included in the UI in the MKD if it is formed under the MKD and is registered with the cadastral register.

Most often, the adjacent territory is owned by the residents of the apartment complex. According to the Decree of the Government of the Russian Federation dated August 13, 2006 N 491, the adjacent territory is included in the territory, therefore the owners of apartment building premises must pay for its maintenance and improvement.

For this money, management organizations maintain the local area in proper order.

Land plot for MKD- adjacent territory with elements of landscaping and landscaping, which refers to common property in the apartment building (Part 1, Article 36 of the Housing Code of the Russian Federation). This is common property, so it cannot become someone’s private property.

The boundaries and size of the local area are determined based on the requirements of land and town planning legislation (clause 4, part 1, article 36 of the Housing Code of the Russian Federation). According to paragraph 4 of Art. 37 of the Housing Code of the Russian Federation, they can only be changed by the owners of the OSS, having made a decision to carry out reconstruction.

Who is responsible for landscaping the local area?

By virtue of Part 2 of Art. 162 Housing Code of the Russian Federation management organization under the management agreement undertakes:

perform work and provide services for managing apartment buildings,
create favorable and safe living conditions for citizens,
provide CG to consumers in MKD,
carry out work and provide services for the maintenance and repair of equipment in the apartment building.

According to clause 11 of the Rules for the maintenance of common property, approved by RF RF No. 491, the management organization, including:

cleans and carries out sanitary and hygienic cleaning of common areas, a land plot that is part of the public area,
collects and removes MSW and MSW,
takes care of landscaping and landscaping elements, objects intended for maintenance, operation and improvement of apartment buildings.

But all this does not apply to land plots not included in composition of common property in MKD. The listed actions in this case are carried out by the owners of land plots.

Landscaping of the yard area

We suggest studying what principles improvement of the yard area allocated by the Ministry of Construction of the Russian Federation. First of all, the department notes that all Russian yards are united by a number of problems:

there are no clear boundaries between the city-wide territory and the yard,
there are not enough parking spaces,
lighting is not adjusted,
infrastructure for different user groups is not developed,
There are no areas for walking pets,
climatic discomfort.

There are six types of courtyards: with historical, low-rise, mid-rise, mid-rise microdistrict, high-rise microdistrict and modern high-rise buildings.

If you are concerned landscaping of the yard area, then the Ministry of Construction of the Russian Federation recommends starting with the distinction between the private and public space of the yard. This is necessary to ensure the comfort and safety of various groups of the population.

To do this, you need to mark the entrance to the yard: install navigation elements and lights. To form the perimeter of the yard, and not necessarily with the help of a fence, it is best to plant a green fence. Afterwards, organize the main and secondary passages, arrange the entrances to the entrances: build ramps, bicycle parking, etc.

The next step to create a comfortable yard area is arrangement of parking lots. The Ministry of Construction of the Russian Federation recommends organizing flat parking for residents of the house and linear parking for guests. It is recommended to discuss the number of parking spaces with the owners. It is imperative to provide disabled parking spaces.

To improve the lighting of courtyards, you need to install additional lights:

at the entrance to the house (5-7 meters),
on children's and sports grounds (7-9 meters),
near the driveways (7 meters).

The first group of users to take care of are children. For their diversified development, it is necessary to organize playgrounds that meet the needs of different age groups: 0-3 years, 3-7 years, 7-12 and 12-15 years.

Children's playgrounds should have:

ballot boxes,
information stand,
hedge,
soft coverings,
seating,
canopy,
Board games,
themed game complexes,
elements for active games, etc.

Playgrounds for adults should be focused on both sports and relaxation - include places for outdoor exercise equipment, table tennis, and board games.

Arrangement areas for walking pets should improve the sanitary condition of the territory and safety for residents. Such areas can be unfenced or fenced.

In an unfenced area, it is necessary to install an information stand, trash cans, seating and soft covering. For fenced ones, install an additional gate.

Greening urban space

Another important and necessary thing is landscaping the area. This is the direct responsibility of management organizations, if, of course, the land plot is included in composition of common property in MKD.

New trees and shrubs should improve climate control and protect against:

noise and wind,
sun,
exhaust gases.

Of course, the above does not mean that all responsibility falls on the shoulders of management organizations. On the national project " Urban environment and housing and communal services» there is a team of municipal authorities, management organizations, homeowners associations, housing cooperatives and housing complexes and residents.

Yard space is limited, so don't try to fit everything in it. In each case, this is an individual project and solutions. It is important that such decisions are made jointly with the residents of the houses.

The procedure for developing a project for landscaping a courtyard area is as follows:

First, the type of yard is determined,
zoning of the site is carried out,
the improvement concept is discussed with residents,
the project is jointly developed and approved,
The project is also being implemented jointly.

Despite the fact that when buying an apartment in a high-rise building, people pay for square meters of housing located “above ground,” they would like to see the area around the house landscaped.

Why is landscaping and landscaping of the territory of a multi-storey residential building necessary? Children should walk on neatly constructed playgrounds, there should be a parking space near the house, and we should also not forget about landscaping standards, because we all need clean air, and our eyes need aesthetic pleasure from the sight of flower beds and public gardens.

The local area is a piece of land, which is located under and near the apartment building, and also includes all the infrastructure available on it, which we listed above. This site has its own clearly defined boundaries, which are common property.

A mention of this fact can be found in the technical passport for construction, issued by the BTI. In addition, this norm is reflected in Order No. 59 of August 26, 1998, which refers to the size of land plots.

What is landscaping of the local area of an apartment building?
The initially landscaped area, immediately after the house was commissioned, is the merit of the developer. But such services immediately after delivery of the house are a rare exception. Improvement of the local area of an apartment building involves carrying out various activities, which aim to improve sanitary and environmental conditions around the house.

In addition, landscaping the courtyard of an apartment building aims to bring the condition of the land and the objects located on it to an aesthetically pleasing appearance. This may require the construction of small architectural structures, work on the relief and landscape.

The importance of landscaping and decoration

Landscaping the territory of an apartment building is an important event that allows you to give the proper aesthetic and environmental status to the building.

Unfortunately, often the surrounding area is not formalized, developers pay little attention to this factor, and often, along with the apartment, the owner receives an unmaintained vacant lot filled with construction waste instead of fragrant flower beds and neatly trimmed bushes. And the question arises: how to design the local area?

Landscaping of the local area- this is a complex of works carried out in order to give the site its proper appearance.

This list of works is not developed by the owners, developers or employees of the management organization, but is already contained in the rules for the technical operation of the housing stock, number MDK 2-03.2003.

The text of these rules deals with landscaping issues. From them, owners can glean important information about what work should be carried out as part of the design of the adjacent territory of an apartment building and if mistakes were made on the part of the workers, they can be eliminated without delay.

Here are the basic principles of landscaping work.

Work can only be carried out after the area has been cleared of garbage and construction waste.
Cutting down trees already existing on the territory is prohibited unless there is an appropriate permit.
When selecting tree species for planting, it is not recommended to plant female species of mulberry, poplar and other plantings that contribute to the clogging of the territory and air.
Planned implementation of comprehensive work to eliminate and prevent the appearance of pests on plantings.

In addition, the rules contain a huge list of prohibited actions that can lead to the loss of plantings or lead the territory to decay. Not only workers in the housing and communal services sector, but also residents need to comply with the requirements.

Who is responsible and who should be responsible for landscaping the courtyard of a residential building?

Many owners are concerned about the question: who is responsible for landscaping the local area?

Who should you complain to if reality does not at all correspond to what you want? Who should be responsible for landscaping the local area?

Check the agreement on the transfer of an apartment building from the developer to the residents or management organization.
If the paragraphs of this document contain a basis that allows you to require the developer to work on the development of the local area, do not accept the transfer certificate until the relevant work has been carried out.
If the agreement with the developer does not say anything about the site, then the burden of arranging the courtyard area of an apartment building falls on the shoulders of the residents and the management organization.
The owners of premises in an apartment building are required to contribute funds for the needs of arranging the local area of the apartment building, and the selected organization for the maintenance and management of the building must carry out the corresponding work with these funds.

Should the developer improve the surrounding area?

The developer is obliged to carry out work on landscaping the courtyard of an apartment building only if such an action is stipulated in the real estate purchase and sale agreement and the deed of transfer of the house.

If there are no such conditions, then, unfortunately, the owners cannot demand the completion of landscaping work in multi-apartment courtyards.

Landscaping rules

In addition to the rules for landscaping, document MDK 2-03.2003 establishes the following rules for landscaping the local area of an apartment building.

Rules for landscaping the yard of a residential multi-storey building:

The need to install waste containers.
The need for garbage and snow removal, as well as water drainage.
Construction and renovation of recreation areas and playgrounds.
Painting and proper maintenance of fences and benches.
Cleaning common areas.
Landscaping of the territory.
Carrying out work to ensure residential safety.

Landscaping plan for the local area of an apartment building:

What yard improvement programs and projects exist?

In some regions and municipalities there are programs for landscaping courtyards that make it possible to subsidize a number of needs for the improvement of apartment buildings and their territory.

The most popular and effective program for the improvement of courtyard areas of apartment buildings, carried out in the Tula region, which is designed for 2014-2016 and was adopted by the Resolution of the local administration No. 135.

This program finances the costs of:

landscaping;
arrangement of children's playgrounds;
carries out repairs and reconstruction of facades and fences;
creates so-called green areas;
creates recreational parks and improves them.

The state does not actively subsidize these programs; funds are mainly allocated from the regional budget.

You can find out whether a similar program operates in your place of residence on the official website of the city administration.

Improvement elements

If you are thinking about how to arrange a local area, let's look at what belongs to the elements of landscaping a local area:

Landscaping:
- roof;
- vertical;
- adjoining
Surface coatings (ensure ease of movement):
- hard;
- soft;
- lawn;
- combined.
Surface mating elements:
- steps;
- ramps;
- stairs;
- side stones.
Fencing
Small architectural forms.
Water devices.
Furniture.
Municipal and household engineering equipment for streets.
Technical equipment.
Play equipment.
Sport equipment.
Lighting equipment:
- architectural;
- functional;
- light information;
- zone lighting;
- light sources.
Non-permanent structures.
Non-stationary structures.
Venues:
- children's;
- for relax;
- sports;
- for garbage receptacles;
- for walking with animals;
- parking lots;
- pedestrian connections;
- transport passages.

How to request an improvement?

If you want work to be carried out to improve the territory of an apartment building, you can call a meeting of apartment owners where you raise this issue. If the majority supports you, then you can contact your management organization or local administration.

How to write and submit an application?

If you are sure that in your region there is a program for landscaping and landscaping of the territory of a multi-storey residential building, then you can write an application and get in line for such assistance.

To do this, you must obtain a sample application from the administration, and also attach all technical documentation regarding the condition of the house and the surrounding area.

The application is written on behalf of the residents with the appropriate signatures. The document must be drawn up on a blank white sheet, preferably on a computer.

If you contact your management organization, then the application can be drawn up on behalf of the owners, but in any form.

Don't miss the opportunity to improve the place where you live. Use all possible resources to ensure that your home is pleasant to residents not only inside, but also outside.

Caring for the improvement of the local area apartment buildings lies on the shoulders owner.

This moment is the most controversial And unclear for most citizens.

Who is the owner, where are the boundaries of the territory, what work should be done - a lot of questions and all of them are quite relevant, they concern every resident of the house who pays a monthly fee for maintenance and care.

Dear readers! Our articles talk about typical ways to resolve legal issues. If you want to know how to solve exactly your problem - call free consultation:

Adjacent territory of an apartment building

Local area is a plot of land on which an apartment building is located, as well as adjacent infrastructure elements.

A plot that has the status of a local area belongs to the owners of the premises of this house, being common shared property.

If the house is managed HOA, then they may be involved in servicing specially hired people who are not employees of management companies.

This option is possible, but it is quite complex in organizational terms, so in most cases preference is given to service management companies.

If the territory is not registered as common property, then the responsibility for landscaping falls on the shoulders of municipality. In this case, neither the HOA nor any other association of apartment owners have no obligation take care of someone else's property.

Happens often abuse when local authorities impose an obligation on owners to maintain the territory, not theirs.

You can get the necessary information, including on the website Rosreestr.

If the territory does not meet the requirements and needs improvement, can be arranged general meeting of residents, discuss the problem and apply to the local administration or management company.

A sample application is available at the administration, but it can only be submitted if there is a valid yard improvement program apartment buildings. The application to the Criminal Code is drawn up in a randomly selected form.

Rules for landscaping the local area

According to the Construction Norms and Rules (SNiP), only objects and structures from the following list can be located in the local area:

Flower beds, trees, other landscaping elements;
Pedestrian and transport roads;
Sports grounds;
Recreation areas for residents of the house, including playgrounds;
Facilities for utility purposes;
Dog walking areas.

Defined and legally enshrined:

Timely painting of structures, benches, elements of yard arrangement;
Creation and maintenance of children's playgrounds;
Landscaping, care of areas with plantings;
Organizing a place for waste collection, installing garbage cans;
Garbage collection, clearing the local area of snow, organizing the disposal of melt or rain water;
Maintenance of pedestrian paths, application of an anti-slip layer (sand);
Maintenance of car parks, care for them, maintenance of general purpose areas.

At the same time, there are certain restrictions aimed at creating a certain balance between meeting these requirements:

Dimensions parking lots cars cannot be increased by reducing quantities and sizes landscaping areas. Parking lots should be located in areas with hard surface;
Accommodation containers for waste collection performed on a hard surface in specially designated areas. Prohibited installation on lawns or flower beds, roadways;
Not allowed service, washing or repair cars;
Parking of vehicles with running engine;
Installation of barriers is permitted no higher than 60 cm, not continuous;
Installation prohibited cafe, kiosks, other retail outlets;
Posting is not allowed production facilities, paid parking lots.

The last two points relate to newly organized objects. For existing points formed earlier, these provisions are not relevant.

Federal program "Our Yard"

Program "Our yard" started in December 2016. She has a goal improvement, putting Russian cities in order.

To carry out necessary activities and perform relevant work about 20 billion rubles allocated., it was decided to use public control.

The program has two parts:

Mandatory. If homeowners take part in the program, repairs and improvement of roadways, installation of benches, trash bins, and installation of lighting are carried out at the expense of the federal budget;
Additional. Arrangement of sports or children's playgrounds, landscaping work, organization of parking lots, repair or installation of fences is carried out either with partial (3% of the estimate) co-financing of residents, or with their direct participation in the work.

The program calls the mass discussions And disputes. The transfer of ownership to residents of areas renovated under the program automatically makes them responsible for further maintenance and care of the area.

If they don't take part, the territory may go to municipal authorities, who may dispose of it in a completely different way than the residents of the houses would like.

The work will be carried out organizations, approved municipality. Many see this as a flaw in the program, the possibility of abuse, or insufficient quality of work.

However, the program is in effect and is already noticeable results. The program period is 5 years, during which it is planned improve most Russian cities.

Decision to participate in the program is accepted . Accepted improvement plan, is being discussed list of upcoming works.

After this, a specially selected representative submits an application to the administration. The public commission reviews applications and chooses the most attractive of them, assisting in the implementation of the drafted project.

For information on how to take part in the federal program for landscaping courtyard areas, see the presentation.

To see how the condition of the yard has changed after landscaping under the federal program, watch the video:

Registration of ownership in new houses

Local area related to new buildings, originally belongs to the developer.

According to the requirements of current legislation, he must privatize the plot allocated for development.

If acting as a developer municipality, That privatization is not needed- this land is initially in municipal ownership.

Privatization of the local area for the residents of the house carries both pros, and certain minuses.

The advantages include:

An opportunity arises prohibit construction in the local area of commercial or industrial facilities;
goes to owners the right to control the quality of communications laying, construction of the necessary engineering structures;
Opportunity ban on road construction or unwanted structures;
Full quality control of cleaning or territory maintenance;
Opportunity limited commercial use of the site. For example, installing an advertising stand and receiving rent for the maintenance and upkeep of the territory.

At the same time, some disadvantages appear:

Responsibilities for the maintenance, maintenance and care of the territory completely fall on the owners plot;
Use of the site at your own discretion is excluded; all structures and elements can be only from the list of allowed;
Appears tax liability for land, calculated in proportion to the size of the apartment;
The decision on privatization is made at general meeting of owners housing, subject to at least half of the attendance.

Responsibility for violations

For violations and non-compliance with the rules for using the local area, penalties are provided penalties.

They apply to persons directly producing illegal actions, or those who gave permission to carry them out.

All detected violations are considered relevant organizations(for example, the administrative commission of the city executive committee).

Upon discovery of a violation, officials draw up protocol, on the basis of which the consideration and decision-making is made on the issuance of administrative penalties or completion of the proceedings.

Who is involved in landscaping the local area? Landscaping and landscaping of the local area of ​​an apartment building: responsibilities of the management authority and the HOA

What is landscaping of the local area of ​​an apartment building?

Who has the right and obligation to carry out landscaping in the local area of ​​the apartment building?