Many people have heard about such a concept as a local area. But few people understand what it is, where exactly it is located and what it is needed for.

At the same time, residents of apartment buildings often have questions about the use of this territory and the costs of its maintenance. The local area is not only a piece of land, but also a part of common property, the nuances of whose management everyone should know.

What is the local area of ​​an apartment building according to the laws?

What is a local area? In simple terms, this is the land located near the house.

There is no clear definition of this concept in the legislation. And legal regulation of the territories adjacent to houses is carried out by the norms of various legislative acts.

According to civil law, a distinctive feature of real estate is its inextricable connection with the land. It is needed not only for the construction of various buildings and structures on it, but also for their operation.

The Housing Code of the Russian Federation establishes the right of all residents of a house, including the plot of land on which it is located.

In addition to the land itself, the legislator classifies the following as common property of residents:

• green spaces;
• improvement objects;
• other objects necessary for the operation (maintenance) of the house.

Therefore, according to the law, the described territory is the plot of land under and around the house itself. This means that its use is also regulated by land legislation.

The joint property of the residents of the high-rise building also includes playgrounds for children, parking lots, transformer booths, green spaces, garages and other objects located on this site, located on this site, and improving its yard.

Certain issues relating to the boundaries and size of such territories are resolved using the norms of the Town Planning Code.

How is the size of local areas determined?

Adjacent territories, like any other land plots, must have certain boundaries.

The law does not establish a single size for such territories. All houses have different sizes, locations, and building conditions, so the area is determined individually. To calculate it, the following indicators are used:

• the area of ​​all residential premises of the house;
• share of land per square meter of housing;
• age, number of floors of the house.

In addition, the development conditions of the area and the location of the house relative to other buildings and objects based on urban planning standards are also taken into account. If the courtyard land was registered in the prescribed manner, then information about it is included in the Unified Cadastre.

And the exact characteristics of the plot, including its size and boundaries, are reflected in the cadastral passports. For (the boundaries of) the yard territory are determined by the terms of contracts and other documentation about.

However, not all adjacent plots have been formalized and registered. Without going through this procedure, it will be impossible to establish the boundaries of the territory and resolve issues of its use.

Who should maintain the homestead lands?

The answer to this question will depend on whether the site has passed the registration and cadastral registration procedure. If yes, then it becomes the property of all tenants of the house.

And any owner, in addition to the rights to own and use property, also has the obligation to maintain it. Article 158 of the Housing Code of the Russian Federation establishes an obligation for residents to participate in the costs of maintaining common property, including land.

Everyone must bear these costs in proportion to their share, that is, the area of ​​the apartment.

Direct care activities for the pre-house land are carried out by the residents themselves, the HOA or the management organization chosen by them.

Their task includes maintaining its cleanliness, removing garbage, landscaping, and landscaping. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 establishes the plot and the rest of the common property.

The condition of the adjacent plot of land should not violate the requirements of sanitary, urban planning and other legislative norms.

If the plot is not formed by the residents, then it will actually be in the possession of the municipality. Then he will need to participate in the maintenance of the land.

Disposal of local land

If all the necessary procedures have been completed, then it becomes the common property of all residents (owners) of the house.

According to the norms of civil and housing legislation, they are entitled to use, own and dispose of their property. Since property is common, decisions regarding its disposal must be made jointly.

At a general meeting, they can agree on the construction of children's or sports grounds, parking lots, installation of benches, planting of plants, advertising, and other objects on the site.

They also have the right to enter into agreements with other persons on the use of this territory on a paid basis. Residents must manage their land wisely in accordance with the requirements of the law. It should be borne in mind that they do not have the right to restrict the movement of other persons in the local area.

In addition, the passage of special services should be ensured.

Nuances

What nuances may arise when establishing the size of the local area and when determining the costs of its maintenance?

To operate any buildings, an adjacent land area is required. Determining its boundaries and those responsible for the maintenance of private houses is not difficult.

This is not so easy to do with courtyard areas of high-rise buildings. If plots of land have undergone the registration procedure and are registered in the cadastre even before the new Housing Code came into force, then they automatically pass into the possession of all owners of the residential premises of the house completely free of charge.

If the site is not formed, then residents can jointly decide on the need to allocate it to common ownership.

Then they can contact the municipality or other authorized body to decide on the formation and allocation of a house plot. It is important to understand that from the moment the rights to the site are transferred to them, they also accept responsibilities for its maintenance.

conclusions

Residents of apartment buildings often do not think about the issues of ownership and maintenance of adjacent plots of land.

However, if a landfill or parking lot is set up under the windows of the house, this becomes relevant. Owners of high-rise buildings should be aware of the status of the territory near their home, the rights to it, and the rules for its maintenance.

You can find out more about who owns the local area by watching the video:

Write a question to a housing lawyer in the form below see also Phone numbers for consultation

04 Apr 2017

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

Local area: how many meters from the house?

In the local area you can plant flower beds, plant trees, and equip a parking lot.

Local area is located behind the fence that defines the boundaries of the site, and is directly adjacent to it. The local area can be turned into private property. To do this, you need to contact your local government authority. Based on his decision, the site can be registered.

However, this is not always possible. If you are refused and local area You need to enter into 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 rent. This happens for a number of reasons:

— important communications are located in the local area;

— there will be a decrease in street space;

— the territory has cultural and historical significance;

- the territory is in the possession of other persons.

Often the local area cannot be registered as a property or rented. However, the city administration assigns the owner of a private house the responsibility for maintaining the local area - landscaping, cleaning, etc. Today, the cadastral passport clearly delineates the boundaries of the plot and the surrounding area, which, on the one hand, does not belong to the owner of the plot, on the other hand, he is responsible for it.

If in the cadastral plan boundaries of the local area are not indicated, then a completely legitimate question arises - how to determine these boundaries? However, there are no specific standards for the local area. Much depends on the specific territory in which the site is located. However, if the adjacent territory physically exists, but it is not indicated in the cadastral plan, then you can mean the area 1.5 meters from the fence of the site. Accordingly, within these limits, the owner must clean the territory and improve it.

Thus, the owner of a private house, regardless of its type, be it a frame house or a stone one, is responsible for his 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: PostroyKa52

City of Pushkino: forum

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

We are improving 2 meters near the fence, so to speak.

Border of the local area in a private house

I have a “local area”, i.e.

The one behind the fence is about 5 acres, the plot is corner. I don’t have the strength and desire to mow everything, but I feel that it is necessary, especially when the ragweed is sprouting, so I mow and clean up almost everything, although I would really like for some city services to take care of this, but I know that this is not and will not happen.

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

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 FEMku.

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

The adjacent territory of an apartment building must comply with clauses 2.12* and 2.13 of SNiP 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 insolation standards, as well as in accordance with fire safety requirements.

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

Local area - what does it include?

The local area is a certain area of ​​land attached to any building.

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

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

How many meters is the adjacent territory of a private house?

Another question from a 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 on this land there are so-called playgrounds (for us it is one rickety rusty fungus under which hemp grows ), for which the management company retains money. How to determine the boundaries of the land adjacent to the house?

We determine and legitimize the size of the local area of ​​private houses

Should the management company really maintain or be held responsible for inadequate maintenance of the site?”

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

Local area of ​​a private house

Usually it is customary for us to enclose the entire plot belonging to a private owner with a fence. Accordingly, behind the fences lies “no man's” land. In your case, it is most likely municipal.

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

According to Art. 1 City Council of the Russian Federation, a public territory 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 classified specifically as a public area, which satisfies not only your need for passage (passage) as the owner of neighboring property, but an indefinite number of people in such passage and passage.

Being a passage/passage, the specified land plot is intended for the use of an indefinite number of persons, due to which its blocking and the installation of a cesspool preventing this passage/passage violates the rights and legitimate interests of citizens living on this area and legal entities located on this territories.

Therefore, YOU have the right to demand elimination of the violation of the right of passage through the courtyard area to the property you own in accordance with Art.

Local area

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

What is the local area 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 plot of land in relation to a specific private house, which the owner needs to maintain and run his home.

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

That is, a plot of land (adjacent area), enclosed by a fence, 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 can legally justify their rights (easement) to own and use it. For example, this territory is necessary for the owner of a private house, due to the car leaving the garage, transporting some cargo, i.e. you have to navigate it.

What does the local area of ​​a private house include?

There can be many such reasons.

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

Thus, the territory that is in common use refers to the space behind the fence, which can be freely used by an unlimited number of individuals. Therefore, blocking off such a plot 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 legislative framework for this issue includes:

• Constitution of the Russian Federation.
• Law “On the State Real Estate Cadastre”.
• Civil Code of the Russian Federation.
• SNiP regulations for low-rise construction.
• SanPiN of the Russian Federation.
• Land Code of the Russian Federation.
• Technical passport for the house.
• Plan of a specific plot of land for a private house.

Size

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

Sn=S*Уpz,

Where: Sn- house area;

Sr- area of ​​the house;

Упz- specific indicator of the share of land plot.

It is taken per 1 sq.m of housing. This indicator will depend on the number of floors in the house and the year of construction. It needs to be calculated according to SNiPs that were valid at the time of construction.

But this calculation only applies to plots adjacent to apartment buildings. For the private sector, there are no standards for the local area. The size of the plots of land in these cases is determined by the territory, which is leased or belongs to the property.

It is necessary to comply with such important conditions to determine the size of the plot that can be taken for use in the private sector.

1. Plan a natural boundaryterritories, with the application on it of all the objects necessary for the use of a private home.
2. Indicate in the plan the area of ​​the adjacent territory, which is property for municipal use and cannot be alienated. It must be remembered that while private houses are identical, the configuration of the territory adjacent to the private plot may vary.
3. Negotiate with owners neighboring areas whose rights may be affected. Listen to the opinions of your interlocutors to make a common mutual decision.
4. Only after this is it necessary contact local authorities to secure the right of ownership of the adjacent plot. It may be necessary to make changes to the original proposal.

Decor

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

To register such a territory you must:

1. Certificates of state registration of rights to a house and land (after 1998);
2. Or a purchase and sale agreement with registration in the BTI (before 1998).

If an individual wants to register the territory adjacent to a private house for personal use, it is necessary to contact the local government authorities.

• In accordance with the order of the Ministry of Economic Development of Russia dated November 22, 2013 No. 701 “On establishing the procedure for registering ownerless real estate,” real estate (plot) can be registered by decision of the local government body. You just need to write an application and provide a document that would confirm that this object is in an abandoned state.
• A decision on the condition of the site must be made within 18 days from the moment the application was accepted. Local authorities consider the application and, if the decision is positive, enter it into the unified register of the Unified State Register. Thus, he is registered.

Land surveying rules

In accordance with the Federal Law “On the State Real Estate Cadastre”, the establishment of new territorial boundaries of land plots is established:

• Subject to mandatory agreement with all persons, that they have ownership rights to the adjacent land plot.
• Such approval is carried out in the form of a meeting of persons that they are interested in such land surveying, or as an individual agreement with the interested party.
• Notice of such a meeting to survey the local area of ​​a private house must be served, sent or published at least 30 days prior to this meeting.
• Persons who are interested in the meeting but refuse to attend it, will be deemed to have received proper notice of this meeting.
• If interested parties have been duly notified, during the established period do not express their consent or objections to the land survey in writing with explanations of disagreement, then the land survey will be accepted as agreed upon by these persons. This is recorded in the corresponding land surveying act.
• After completing these procedures, a notification is made. If the person invited to the meeting does not show up after the meeting within the established 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 regarding land surveying.

Rent

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

To do this, you must contact the local government 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, a fee will be charged, the amount of which is determined in accordance with the terms of the lease. These rental conditions are established by the Government of the Russian Federation and local governments.

Renting or ownership of the local area of ​​a private house may be denied:

• When important communication lines pass through a given territory.
• When the transfer of this site into the ownership of the owner will lead to a reduction in the width of the street space less than permissible (the width of streets with local significance should be about 15 m, the main value - 40 m).
• If the site is located on an area of ​​historical and cultural significance.
• If other owners have rights to this site and do not have their consent.

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

Land Code adjacent territory of a private house

Local area 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 territory located on the outside of the fence is not considered the property of the homeowner and is most often municipal or, in rare cases, no one's. The use of the area 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 cargoes).

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

Rules for determining the boundaries of the local area or how many meters from a private house can the boundary of the plot be set?

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

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

Local area of ​​a private house

Mark on your plan diagram the municipal part of the land that is adjacent to your property.

Coordinate all controversial issues with the owners of neighboring plots claiming to use this territory.

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

for example, cutting grass

132 of the Constitution of the Russian Federation - local government bodies independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, protect public order, and also resolve other issues of local importance, which include organizing the improvement and landscaping of the settlement territory (see . clause 19, part 1, article 14 of the Federal Law of October 6, 2003 N 131-FZ). Please take into account that the responsibility for maintaining the territory, which

Here, however, there are some ambiguities: the border around the cottage from the point of view of local governments is usually much longer than you might think by looking at the cadastral passport.

Many are required to ensure cleanliness and order outside the fence: this is not the local area of ​​a private house, but, by decree of the municipality or settlement administration, it can become so. The municipality usually refers to certain standards, according to which a private house is entitled to a plot of a certain size.

Private household, on the contrary, there is a company that rents a plot of land for the use of the earth's subsoil (well, mineral water is supplied)

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

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

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

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

LJ Magazine

Among these components are “the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for the 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 activities.”

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

What is a local area? Before the beginning construction of a multi-storey building there should be a transfer of the type of land plot from one category to another, if necessary.

In addition, it is determined the boundaries of the site are being clarified, which must belong to this building.

This means that the land plot for this house divided into two parts- under and around the house. The legal issue is often the correct allocation of the land that surrounds the house. It is this part that called the local area.

Important! The definition of the functions and status of the local area is given in the Housing Code (Article 36, paragraph 4) and in Law No. 189 Federal Law “On the entry into force of the Housing Code” (Article 16).

Thus, the adjacent territory is a plot of land adjacent to the house, having clear boundaries, registered with the authorities state registration of real estate, providing residents with the exercise of the right to a favorable environment, containing landscaping and improvement facilities for the given house.

Special status of land, adjacent to the house, is necessary to ensure the following functions (LC RF Art. 36, Law No. 189 Federal Law, Art. 16, Civil Code of the Russian Federation, Art. 35).

1. Creation of a territorial structure, allowing residents of the house to realize their needs within the framework of existing legislation. The structure of a site is its division into zones according to their functionality. These may include green areas, sidewalks and paths, playgrounds, parking lots, etc.
2. Land use control in accordance with its intended purpose. In this case, control is implied by the residents of the house and land owners.
3. Implementation of residents' responsibilities jointly maintain the local area in accordance with sanitary standards at the federal and regional levels.

Normative base

Any land area under the jurisdiction of a state has its own legal status. Local areas are no exception to this right. Their status is ensured by the following regulations.

• Constitution of the Russian Federation, guaranteeing citizens the right of private ownership of land (Article 36), the right to a favorable environment (Article 42), and also defining the obligation to preserve nature and the environment (Article 58).

  Article 36

  1. Citizens and their associations have the right to privately own land.
  2. Possession, use and disposal of land and other natural resources are carried out by their owners freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
  3. The conditions and procedure for using land are determined on the basis of federal law.

  Article 42

  Everyone has the right to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by environmental violations.

  Article 58

  Everyone is obliged to preserve nature and the environment, and take care of natural resources.

• Land Code of the Russian Federation, according to which the land plot has its own category and intended purpose (Article 8).
• Civil Code regulating the procedure for developing the territory (Article 222).
• Town Planning Code, in accordance with which the dimensions of the local area are established. In this case, the existence of regulations established by the subjects of the federation is allowed. However, regional norms should not contradict the norms at the federal level.
• Housing Code, which defines the basic concepts associated with residential premises (Article 16 and).
• Law “On the Enactment of the Housing Code”. According to Article 16 of this law, the adjacent territory belongs to all apartment owners on the basis of shared ownership. This means that each apartment owner can dispose of this land plot in accordance with its intended purpose. However, residents can exercise this right only through a collegial body - a general meeting.
• TO mandatory regulatory framework Such departmental documents as Construction Norms and Rules (SNiP) and Sanitary Rules and Norms (SanPiN) should also be included. These legal documents are based on state standards, in accordance with which this or that activity is carried out.

Attention! Of the variety of regulatory documents, it is worth highlighting the main ones that should guide residents of apartment buildings. These are the Town Planning Code and the Law “On the Enactment of the Housing Code”.

Rights and obligations of apartment building owners

Problem implementation of legal norms and obligations regarding the land plot for this purpose is complicated by the fact that it boundaries are not defined on the ground.

Moreover, they are often not defined legally, since in essence they are not based on any legal norms. After all, every piece of land should be registered with the Russian State Register authorities.

It is in the documents of this body that the intended purpose of the site should be recorded, as well as its boundaries and position are described. If this is not done, then de facto the local area does not exist for this house. This problem is especially acute for houses of old construction, which were built on the basis of other standards (Law No. 189 Federal Law, Art. 16).

To determine the size and boundaries of the local area, you must use the regulations contained in Article 43.4 of the Town Planning Code. Each subject of the federation can make its own adjustments to these regulations, but this is done in accordance with the general formula for calculating the local area.

This formula takes into account the dimensions and essential features of the house, building density (how close neighboring houses are), the area of ​​a given microdistrict. The total area of ​​apartments and non-residential premises, the number of storeys of the building, the year of construction, and the regional standard for area are taken into account.

After the local area has received its parameters and formalized in Rosreestr, the order of its content is determined. This process is managed by the homeowners association (HOA). The nature of management is formulated at the general meeting. Ibid. management company is determined with whom the contract is concluded (Article 46 of the RF Housing Code).

Since all apartment owners are the owners of their share of the adjacent territory, then this ownership remains with the residents even if the house collapses or is demolished. Each former resident of the house continues to be the owner of the land plot on the basis current land legislation.

However, such a right is retained only as long as the given land plot remains in its previous status. After the land is transferred to another category or will change its purpose, the right to own it will also change. For example, the construction of a new house on the site of an old one with new residents and owners radically changes both the local area and its owners (Law No. 189 Federal Law, Art. 16).

Attention! It should be remembered that shared ownership of the local area imposes a number of restrictions on the owners. The yard near the house is not a separate apartment.

You have to live here cohabitation rules, which are determined not only at the general meeting of the HOA, but also by standards at the federal, regional and municipal levels (GrK Art. 36, Law No. 189 Federal Law, Art. 16).

Usually in cities the most painful topic is the driveway and parking. Travel in a certain area of ​​the local area can be limited, but on the condition that in this case access roads are not blocked to facilities for many other car owners.

Numerous parking lots located in the local area, as well as in other public places, comply with all regulations from traffic rules. This requirement meets encumbrance of land adjacent territory with the right to restrict use by other persons (LC RF Art. 36, clause 5).

This combination of shared ownership with the rules of life according to the standards of the public territory is the specificity of such land plots.

Speaking about the boundaries within which this or that local area is located, it should be noted that this indicator is regulated by the Town Planning Code (in terms of its regulation), the Land Code (in the part in which the actual boundaries of the land plot allocated for a particular house are determined), as well as Federal Law No. 218-FZ “On State Registration of Real Estate” (regarding the procedure for registering a land plot as shared ownership of the residents of the house in question).

Snorm. = U*Sk, where Snorm is the standard area of ​​land that should be allocated for a specific house.

The Y value is determined by the formula for calculating the share of land per 1 square meter of housing. This indicator directly depends on the number of storeys of the building, its area and the number of apartments in it.

In addition, when calculating this indicator, the year the house was built must be taken into account. The second indicator – Sк – is the area of ​​​​all available apartments in a given building, as well as all common property that is in this building.

At the same time, the local area should not include common areas, such as entrances and entrances near them, entrances to the basement of the house and other areas that cannot be separated from the house, as this will make it impossible to fully exploit it.

If boundaries have not been established...

They can be installed if such a decision is made at a meeting of the owners of all premises in the building in question. To do this, a meeting must be convened, based on the results of which such a decision will be made, documented in the form of a signed protocol. An example of a land surveying project for apartment buildings is divided into several stages:

Conclusion

The adjacent territory is a plot of land on which a house is located with all the infrastructure elements and green spaces necessary for its full functioning.

Such a site is subject to mandatory registration by establishing its designated boundaries and registering them. To do this, it is enough to gather all the owners of the premises in the house and at such a meeting make an appropriate decision and record it.

The concept of adjacent 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 on it belongs to the apartment owners in a common share. This means that the same owners will manage the land resource. Owners can familiarize themselves with their rights in official government regulations. It is necessary to review federal laws, decisions of judicial plenums, the housing code, and municipal legal acts.

Utility services in our country most often treat home maintenance carelessly. And most often there is no discussion at all about adjacent plots. Residents landscape their yard themselves. And in order to improve something, you need to know the limits of your powers and capabilities.

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

This can be done on our website for free.

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

Consider the calculation formula:

The adjacent territory of an apartment building (S nor) is equal to the product of the living area in this house (S k) by the specific unit of land share per sq. m. meter of housing (U).

S nor.. = Y*S k

In turn, the specific unit of land share per square meter of housing is calculated based on SNiP standards (building regulation rules). These standards vary depending on the year in which the house was put into operation.

If there are objects that are not part of common property, when calculating the boundaries of the territory of an apartment building (for example, a passage inside a block shared 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 the border areas of apartment buildings in meters when disputes arise between several houses.

Ownership of territory near an apartment building

When buying an apartment, you acquire not only living space, but also a plot of land near your home. Land is automatically included in the price of housing. This is an area that is created for your comfort - walks, including with dogs, playgrounds for children, parking for cars, etc. In reality, everything looks different. Especially if the building has shops and offices in addition to residential apartments. 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 it is not tenants and store owners who decide what will be on your local property. It is the apartment owners who decide together how to use this land. You can even fence a plot of land and equip a football field. But everything must be done without deviating one step from the legislation. The lawyers on our site will help you with this.

The local area includes:

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

Management of the territory near an apartment building can take place independently, in the trust of a management company, or any non-profit company with the required specialization.

Rules for fencing the local area

Each house is usually inhabited by an enthusiast who sets himself the goal of improving the local area. But in order for the noble impulse not to be wasted, this territory must be protected from foreign penetration. Who can encroach on your territory? Dogs, passers-by, homeless people, parking attendants, unscrupulous drivers for whom the road is not enough and they climb into a private yard. Any hooligan can violate the boundaries of the sanitized territory and ruin your work. This is exactly what the fence is for.

Keep in mind that a fence and a fence are different concepts. Types of barriers to restrict access to private territory:

• lawn - trees up to half a meter high. Rarely used due to the requirement for constant attention and unreliability;
• decor - metal, wooden, brick fence. Corrugated sheeting can also be used;
• barrier - to partially restrict access to your territory;
• target fences - around the trash can, playground, etc.;
• temporary fences – used to fence off dangerous areas until the danger is eliminated.

Do not forget that no matter how many and what kind of fences you want to install, approval from the competent authorities is required. In order to ensure that the local area of ​​the house is fenced according to the law, seek advice from professionals. And then you won’t be afraid of dissatisfied motorists, neighbors from another house, or store 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 courtyards of apartment buildings. In order not to lose the respect of your neighbors and comply with the laws, you need to know the following prohibitions:

• long-term parking with the engine running;
• parking of vehicles for cargo transportation (heavier than 3.5 tons);
• blocking passages;
• parking near garbage bins at a distance of less than five meters;
• You cannot drive on sidewalks and roads for pedestrians;
• You cannot park on the lawn or sidewalk;

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

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

Registration of land near an apartment building as 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 is registered in the cadastral register. During the staging process, the border and size of the territory near the house are determined. The developer himself forms the land plot. This means that the cost of his work will be included in the price of the apartment.

When registering the ownership of long-built houses, one of two other options is used. When the house is already registered with the cadastral services, and when it still needs to be registered. The first option is more expensive, the other two are free, but more troublesome. In any case, a free consultation with specialists will be useful.

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

Not everyone can independently understand the extensive theory and legislative framework of local areas. Lawyers who deal with similar situations every day will save your time.