Section V was supplemented by Article 69.1 from August 4, 2018 - Law of the Moscow Region of July 18, 2018 N 127/2018-OZ

Article 69.1. Determining the size of adjacent territories to buildings, structures, structures, land plots

1. In relation to buildings, structures, structures, land plots, the dimensions of adjacent territories are established by the rules for improvement of the territory of the municipality in the manner established by this Law, and other regulatory legal acts regulating issues of improvement and maintenance of territories.

2. The boundaries of adjacent territories are displayed on the cleaning plan of the municipality and on the cadastral plan of the territories of the municipality.

3. The dimensions of the adjacent territory to apartment buildings under which land plots are formed cannot exceed 5 meters.

4. In relation to apartment buildings, the land plots under which are not formed or are formed along the border of such buildings, the size of the adjacent territory is determined by the cleaning schemes of municipal territories.

5. In relation to non-permanent buildings and structures of temporary street trade, small retail trade facilities (trade pavilions, tents, kiosks), consumer services, public catering, the dimensions of the adjacent territory can be established within a range of at least 10 meters from the facility and no more than 20 meters from the facility.

6. In relation to capital objects, the dimensions of the adjacent territory are established within at least 15 meters from the object and no more than 30 meters from the object.

7. In relation to land plots and territories of individual households, the size of the adjacent territory is established within no more than 5 meters from the land plots and territories of individual households.

8. In relation to horticultural non-profit partnerships and garage-consumer cooperatives, the dimensions of the territory adjacent to the boundaries of the land plot are set at no less than 5 meters and no more than 30 meters from the object.

9. In relation to territories adjacent to gas stations, service stations, vehicle wash areas, gas stations, to the entrances and exits of gas stations, car wash stations, at least 15 meters from these facilities and no more than 30 meters.

10. In case of intersection of the adjacent territory with a public road, the size of the adjacent territory is established before the intersection with the road curb or sidewalk curb. In the absence of a road curb, the size of the adjacent territory is determined before the direct intersection with a public road. When crossing adjacent territories of two or more objects, the dimensions of which are actually less than the size established by the Rules for the improvement of a municipal entity in accordance with this Law, their sizes are determined by half the distance between the objects.

Next to any apartment building there is a certain territory, which is the common property of all residents, who can use it at their discretion in accordance with a collective decision.

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What it is?

The adjacent territory of an apartment building is a plot of land adjacent to the building, with clearly defined boundaries.

It must be landscaped and landscaped, and also provide residents with the opportunity to exercise their right to exist in a favorable environment. Also, the local area must be properly registered with the state real estate registration authorities.

What is included?

According to the current legal norms, apartment buildings have at their disposal a certain collective property.

• entrances;
• attics and basements;
• a plot of land that is located in close proximity to the house and is assigned to this building by decision of the city municipality.

To find out what is considered a local area, you need to refer to the rules.

It states that this category includes:

• pedestrian paths, sidewalks and pavements;
• landscaping areas;
• garages and parking lots;
• emergency and through passages;
• sports grounds;
• play complexes for children;
• distribution, transformer and heating booths and points.

All these zones are necessary to ensure a comfortable life for property owners and are located within the boundaries of the territory related to the building.

The legislation clearly defines the rules for the operation of these land plots and the facilities located on them.

Law

The key regulations regulating issues related to the local area are:

• Housing Code, which establishes which objects belong to adjacent areas.
• SNiP, which establishes standards regarding the location of objects on a given site.
• Civil and Land Codes, the provisions of which regulate the nuances of ownership rights to real estate.
• The Code of Administrative Offenses, Article 7 of which spells out the liability provided for violations of obligations to maintain the local area in proper condition.

Who owns it?

The 2020 law classifies the adjacent territory of an apartment building as the common property of persons who own apartments in this building.

Thus, Article 16 of the Federal Law on Housing Complex No. 189 states that the territory surrounding an apartment building erected on a site, together with all objects and structures located on it, is considered the collective shared property of the owners of housing that has undergone privatization.

If such a landscaped zone was not created before the implementation of the residential complex, then all citizens who are homeowners in this house have the right to submit an application containing a request for the allocation of such a territory to national or regional authorities.

Registration into collective property

For full use of the local area by the residents of the house, it is necessary that it have clearly defined boundaries and be properly decorated.

This is done in several successive stages:

• The first of which provides for a collective meeting with a meeting, the appointment of a proxy and the adoption of a special meeting based on the results of the meeting.
• At the second stage, the authorized representative is sent to the state administration body or regional supervision department with an application for the creation of a local area. After carrying out land management procedures, the authorized body approves the draft boundaries of the site.
• The third stage involves the direct marking of the territory. This is done by the administration department or the regional management apparatus, in whose area of ​​responsibility the high-rise building is located. The territorial department of land resources is developing a conclusion on the free allocation of a plot of land into collective shared ownership.

From the moment a record of the land adjacent to the house is entered into the state cadastre, this land plot, together with all objects included in the structure of this building, becomes the collective shared property of the home owners.

Adjacent territory of an apartment building

Giving the adjacent plot of land a special status is necessary to implement the following functions:

• formation of a territorial structure, that is, division into functional zones, thanks to which residents of the house can realize their needs guaranteed by law;
• control by homeowners to ensure that the land is used in accordance with its intended purpose;
• implementation regarding the joint maintenance of the local area in proper condition.

Responsibility for maintaining the local area in proper condition lies entirely with the property owners, who must control the following points:

• cleaning the area, including removing snow;
• arrangement of areas for children to relax and play;
• construction of fences with mandatory consideration of the interests of residents of nearby buildings;
• arrangement of sites for collection and subsequent removal of waste;
• arrangement of parking areas;
• planting vegetation and its subsequent care;
• construction of buildings necessary for a comfortable life and their planned repairs.

Improvement

In accordance with the law, the costs associated with landscaping the adjacent area fall on the shoulders of the residents of this house. Often people do this voluntarily, without spending additional money on paying hired workers.

At the municipal expense, only sanitary cleaning of the territory and cutting down of trees in disrepair is carried out.

Cleaning

The rules and regulations for the operation of the housing stock clearly state who should clean the local area.

In particular, cleaning the site and the passage between multi-storey buildings is the responsibility, while cleaning the road in the block should be carried out by a specialized enterprise.

Parking rules

When organizing a parking zone near a multi-story building, it is necessary to comply with all safety requirements and sanitary standards. In particular, it should be located at a distance of at least 10 meters from the walls of the house.

Access of unauthorized vehicles to the local area may be limited by decision of the general meeting of residents.

However, this cannot apply to the transport of emergency and emergency services, which must have free access to the territory when the need arises.

Installation of a barrier

The law allows for the possibility of installing a barrier at the entrance to the local area, subject to the following conditions:

• unimpeded access to the territory is maintained for fire department employees and ambulance workers, as well as employees of enterprises that maintain utility lines;
• no inconvenience is created for residents of neighboring houses;
• entry/exit adjustment is carried out constantly, regardless of the time of day.

Before installing a barrier, it is mandatory to obtain appropriate permission from the state architectural and construction supervision. Otherwise, its construction will be declared illegal and the structure will be demolished.

How many meters?

The size of the plot adjacent to an apartment building is determined individually, taking into account the norms prescribed in legislative acts regulating urban planning, land and housing.

The width of the area varies on average between 3-6 meters depending on a number of factors:

• the presence of public roads surrounding the building;
• number of floors of the house;
• building density in the quarter.

Calculation of the area of ​​a house plot is traditionally made by finding the product of the total area of ​​buildings and the specific indicator of a plot of land per square meter of living space. In specific cases, additional indicators may be used in the calculation.

How to find out the boundaries?

The area around the multi-storey building is the common property of all apartment owners. They have the right to dispose of this territory at their own discretion, to improve it, plant landscaping, and erect various structures, without violating the standards established at the legislative level.

You can find out what the size of the plot is and where exactly its boundaries lie in the cadastral plan of a particular object. You can request this document from the management company that maintains the building.

Surveying

The territory adjacent to the house, together with all the objects located on it, is the common property of the residents of the house. In practice, all this is often used by strangers.

If this state of affairs does not suit the owners, they should take care of surveying the given territory. You can order such a procedure from a cadastral or management company.

To begin with, it is necessary to hold a meeting of residents with the adoption of an appropriate decision and the preparation of a protocol based on its results.

Based on this document, it is concluded with the management company, whose employees carry out the land surveying procedure.

The title documentation reflects all the main parameters and characteristics of the site, on the basis of which the management company calculates the costs of the clean territory and other utility costs. If the territory has not been documented, then all costs associated with its maintenance are borne by the municipality.

Installation of fences

Before the construction and use of any kind of fencing, all actions must be agreed upon with the administration.

The procedure for installing fences is as follows:

• holding a meeting of residents to decide on the need to build a fence;
• writing an application to the local administration with a request to issue a permit for the construction of a fence of strictly defined dimensions, the plan of the future facility is submitted to the responsible government agencies and is agreed upon with them;
• obtaining a permit, which is usually issued without problems in the absence of identified violations.

Responsibility for unauthorized increase in area

One or more houses are usually adjacent to a certain territory, which contains parking lots, playgrounds, flower beds, garages, and so on. This area is called the house area, and every resident can use it. But it’s no secret that often this area is not properly maintained; residents have to take up the tools themselves and put it in order.

Sometimes out of ignorance, and sometimes because organizations whose scope of activity includes cleaning the local area of ​​an apartment building do not deal with it. Let's figure out who cleans this area, who is responsible for maintaining the residents in the association, and what generally is included in cleaning activities.

Whose responsibility

One or more multi-storey buildings are assigned a certain plot of land on which children's or sports grounds and garages can be located. The rules for calculating the boundaries of courtyard areas state that their sizes are determined based on the established area standards for each specific region, the number of floors in an apartment building and some others and are indicated in the public cadastral map. But the site allocated for these purposes must meet the needs of all homeowners.

If we talk about private houses, the law does not indicate exactly how many meters from the fence is considered a local area. Fencing is a way of demarcating private territory in this case. Provided that the house and the plot are owned by the residents, everything that is located before the fence is a private local area. The land that is outside is usually municipal.

A frequent question from owners of high-rise buildings is: who should clean the local area of ​​an apartment building? Let's answer it:

• , with which the residents have an agreement;
• people living in houses independently including;
• employees ;
• third-party firms and contractors with whom the participants of the HOA, management company or the residents themselves had concluded a corresponding agreement.

The rules for maintaining a multi-storey building state that management organizations are required to enter into an agreement with workers so that they regularly clean up garbage in the local area. The companies with which the apartment owners entered into an agreement must strictly comply with its terms, otherwise the residents have the right to sue them for failure to fulfill their obligations.

The choice of the optimal method for organizing the cleaning of the local area is decided by voting at a general meeting of residents. After this, an agreement is concluded with the selected cleaning contractor in the available form, which stipulates the following points:

• house address;
• details of the management company or homeowners association;
• rights and obligations, responsibility of both parties;
• cleaning schedule;
• terms and reasons for termination of the agreement;
• description of the services provided, under what conditions they are provided;
• tariffs for cleaning and other services of the local area;
• likelihood of contract renewal, grounds;
• price.

The agreement is signed by both parties indicating their full names and positions, and the current date is set. It is also necessary for the HOA to enter into an agreement with the janitor according to the established template. The list of works he performs depends on the current season.

At whose expense

Several years ago in Housing Code of the Russian Federation changes have occurred, according to which each homeowner undertakes not only to comply with the rules for operating the property, but also to transfer funds for its maintenance. The amount to be paid depends on the size of the premises occupied by the tenant in relation to the total area of ​​the multi-storey building: the larger it is, the higher the cost.

Moreover, the fact whether the apartment is privatized or not does not play a role in this situation. The territory adjacent to the high-rise building is considered the property of each of the residents of the building. This means that the responsibility to comply with the above rule falls on everyone. After all, each of the residents uses this territory in one way or another. And according to Article 158 LC must pay the bills to care for her.

There are situations when residents regularly pay their bills, but time after time cleaning and maintenance are carried out in insufficient volume and quality or are absent altogether. Then you should contact the Criminal Code with an application to reduce tariffs for payment for cleaning services. Be sure to indicate a list of uncompleted work.

Standards for cleaning the local area

There are general standards and a list of mandatory works and services for maintaining areas adjacent to the house on the basis of an agreement concluded with the management company. Depending on the region, the list may be supplemented with a number of additional documents.

At the general meeting, at which the optimal way to maintain the local area was determined, a list of general and additional services is also discussed to agree on the cost and consent of at least half of the owners.

To maintain the local area, in addition to cleaning, measures are taken to landscape it, decorate it, and optimize the space for use by residents of different ages, for example, installing benches or playgrounds.

Generally established standards for cleaning local areas:

• the maintenance of sidewalks, roads, gardens and courtyards is carried out by service organizations whose scope of activity includes these responsibilities. In some exceptions, cleaning is carried out by special services with which an agreement has been concluded according to the wishes of the residents;
• if the area that needs to be cleaned does not allow the use of special equipment, the corresponding measures are carried out manually;
• Snow removal from the local area is carried out using snow removal equipment;
• it is necessary to equip the places used by cleaning equipment for exits with ramps, which will expand the area where it can be used, improve and speed up the quality of cleaning;
• ensuring passage and free access to hatches, engineering units and water supply points used in the event of a fire lies with the companies that service the housing stock;
• a place should be allocated for storing materials and equipment used to maintain the territory;
• For sidewalks and roadways in courtyards, the width of which is more than 3 meters, you should use equipment that is used to clean public roads.

The implementation of standards is regulated by the corresponding legal act from:

• federal law;
• housing law and housing complex;
• instructions for the technical operation of a residential building.

ATTENTION! The amount of cleaning and maintenance work performed depends on the season. It also depends on the area and type of coverage of the territory itself.

In summer

List of seasonal cleaning activities for the warm season:

• sweeping, washing the sidewalk, which is carried out early in the morning or late in the evening, so as not to disturb residents. Washing is carried out only in open sidewalk areas;
• watering planted plants as necessary, depending on the climate and air temperature, but at least twice a day;
• Regular cleaning of the area, sometimes up to three times a day, if conditions exist for increased contamination.

The responsibilities of janitors in an HOA or management company include:

• cleaning local areas from small debris and pollution;
• trimming the lawn and shrubs;
• sweeping sidewalks;
• cleaning children's and sports grounds from garbage, especially waste scattered near trash cans and garbage containers in accordance with the standards SanPiN;
• watering flower beds, plants and paths (in particularly hot weather).

The janitor may also be tasked with painting benches and other structures in the local area.

in winter

During the cold season, snowfall is a frequent occurrence, and therefore the surrounding area is cleaned in a special way:

• cleaning from snow drifts is carried out by transferring snow from the sidewalk to the outer edge of the ditch or at a distance of up to 2 meters from the edge of the roadway (algorithm zone);
• the collected snow is stored in heaps or shafts in the chute area;
• it is necessary to quickly remove snow with chippers and rippers in trampled areas;
• sidewalks and driveways inside the block must be completely cleared of snow;
• pedestrian paths, as well as children's and sports grounds should be sprinkled with sand or salt in icy conditions;
• the area around sewer hatches is cleared of ice;
• The snow near lawns and in places where plants are planted is loosened.

Depending on how heavy the snowfall is, clearing snow drifts may be done twice a day.

Among other things, sanitary cleaning of the local area is necessary. In the area adjacent to the house, there must be waste bins with a capacity of at least 100 liters. Twice a year they must be painted and installed on a special concreted area with fences, observing sanitary standards. It is necessary to provide a well-lit entrance and a place for turning around equipment that must remove garbage.

The frequency of cleaning the local area is determined by the authorities or the residents themselves. The local administration or, in extreme cases, Rospotrebnadzor, can also act as such. The participation of the latter may be required when apartment owners are dissatisfied with the quality of the services provided, cleaning standards regulated by legislation are not observed, and inspection by higher authorities is necessary.

From a legal point of view, entrances, attics, basements, as well as the surrounding area are elements of the common property of all apartment owners in the building. Each owner undertakes to keep them clean and tidy. The local area is registered and has its own cadastral number. The boundaries of this land plot include the area directly under the house, sidewalks, roads, playgrounds and green areas.

Local area standards

The adjacent territory of an apartment building is the land plot under the house, sidewalks, playgrounds in the yard and sidewalks that are adjacent to the building in question. Citizens who live in the house as owners are obliged to maintain the local area in accordance with the rules of state sanitary standards.

Elements of the local area apartment building:

• A plot of land under the house;
• Parking lots;
• Elements of improvement and landscaping;
• Attics and basements of the building;
• Sports and children's playgrounds;
• Fire lanes;
• Boiler rooms;
• Transformer substations;
• Other infrastructure facilities.

The common area is transferred to residents free of charge, but in the future taxes will need to be paid on it. The payment amount is calculated for each person, taking into account all apartments, making it proportional. The costs of maintaining and operating the site are included in the total cost of payment for the house.

The status of the territory can also be found on the map. It is either rented by the HOA (Home Owners Association) or registered as the property of the residents. In accordance with the general rule, the area of ​​the local area cannot be less than the area of ​​the apartment building.

When determining the footage of the local area of ​​the building in question, the following are taken into account: factors:

• The area of ​​land allocated to developers for construction;
• Number of floors in the building;
• The density of other houses on the street;
• Number of roads.

Determining the boundaries of the local area of ​​an apartment building is not particularly difficult. The rules and formulas for determining the footage and boundaries of the local area are prescribed in the Regulations on determining the boundaries of land plots in condominiums.

The standard area of ​​the local area of ​​an apartment building is calculated as follows: formula:

Snorm. = У*Sк, where:

• Snorm – standard area area;
• U – indicator of the share of land per 1 sq.m. housing. Directly depends on the number of floors in the building and the year of construction;
• Sк – total area of ​​apartments and common property.

Sanitary requirements

In Russia, there is a special document that sets out sanitary rules and regulations. It was registered by the Ministry of Justice in 2010 and received the number 17833. In addition, the law on the improvement of the local area and the law on the adjacent territory of an apartment building, which are parts of the Town Planning Code of the Russian Federation, are regulations whose requirements must be taken into account when maintaining the local area.

The following sanitary standards are required for the site and surrounding area: requirements:

• It is necessary to determine the zoning of the local area: vehicle parking, recreation, children's playgrounds, green spaces, pedestrian paths, and so on;
• Ensuring unimpeded entry into the territory of the building for special and departmental transport;
• Washing and repairing vehicles is prohibited;
• The distance of planting trees in the local area is at least 5 meters from the house. Shrubs are located at a distance of at least 1.5 meters from the house, their height should not exceed the height of the lower part of the first floor windows;
• Opening of trading points is not allowed;
• Daily cleaning of the area and watering of green spaces. If necessary, snow removal;
• It is necessary to ensure the yard is illuminated.

In modern yards, sanitary requirements are not always observed. Often, shops open in apartments on the ground floors, there are no parking areas, and therefore vehicles are parked directly on sidewalks and paths. All contradictions are regulated by agreement of the interested parties, and if conflict situations arise, a claim is filed in court.

Installation of fences

Fencing of the local area of ​​an apartment building ensures the safety and comfort of all residents. Their installation is permitted by law, but only if all prescribed standards and requirements are observed. First of all, these rules relate to fire safety. Construction also requires coordination between the owners, local authorities and emergency services.

Types of fencing depending on materials and installation method:

• Hedge;
• A fence made of metal, stone, brick or reinforced concrete elements;
• Barrier.

Fences are divided not only according to materials of manufacture, but also types of access to the territory:

• Complete ban - during installation, any fences are used, including metal and stone fences up to 2 meters high. Residents of some houses additionally hire a concierge and install video surveillance equipment with intercom;
• Partial ban - a barrier is installed, the installation of which requires permission. Coordination with emergency services, including police, fire and ambulance, is also required;
• Partial ban on part of the territory - fences of this kind are targeted. In this case, permission is not required. Mesh fences up to 3 meters high are installed. They are used to fence garbage containers, parking lots and sports areas;
• Prohibition on direct access to specific objects. Such restrictions are often imposed by utilities and construction companies for protection during restoration or renovation work. As a rule, these are temporary wooden fences.

Residents of apartment buildings have the right to install gates and gates equipped with intercoms and electronic locks. To open, either a code key or a special card can be used. A quick opening system is also provided if specialized vehicles need to pass through.

Parking organization

There is no separate provision for organizing parking in the local area. This means that the decision on how to use the area near the house can only be made by the apartment owners. To create a parking lot, it is necessary to organize a general meeting of residents and bring this issue up for discussion. If the decision to organize parking spaces in the local area is approved, then it will be necessary to collect the signatures of 2/3 of the residents.

When organizing parking spaces, they usually take into account the provisions of the sanitary and epidemiological service. The text of the document provides criteria that organized parking must meet: the maximum capacity of open parking in the local area should not be more than 50 parking spaces. The distance from the front of the house to the parking lot cannot be less than 10 m for parking lots of up to 10 spaces and 15 m for parking lots of up to 50 spaces. Usually there are no problems with compliance with these rules.

Privatization of the local area

Each homeowner in an apartment building has the right to privatize a plot located in the local area. The opinions of other residents are also taken into account. When it comes to a new building, privatization of the adjacent territory of an apartment building is a mandatory procedure for the developer or other authorized person. For buildings that were built earlier, it is possible to register ownership regardless of whether there is a cadastral passport.

General privatization procedure includes the following steps:

1. Making a decision on privatization;
2. Carrying out cadastral registration;
3. Drawing up and submitting an application;
4. Registration of property rights.

It is worth keeping in mind that the initiator of the privatization process does not play a special role. The procedure and order of its implementation always remain unchanged.

Privatization does not provide for the possibility of dividing the land into several parts, each of which will belong to one owner. In addition, the territory cannot be fenced off with fences that will subsequently impede the passage of residents of neighboring houses. Land registered as a property cannot be divided into separate plots belonging to a specific owner. After privatization, the territory continues to be managed by the council of premises owners, and the share of each of them remains conditional.

The law on local area describes this space as the land located around a residential multi-apartment building, defined and documented. It is impossible to say unambiguously what is included in the local area: it could be transformer booths and boiler rooms, garage complexes and parking lots, sports and playgrounds. It all depends on the specific territory and location of objects.

Adjacent territory of an apartment building: standards, SNiP

The size of the adjacent plot is calculated separately in each specific case. Its area is influenced by the density of buildings around it, the number of storeys of the building, and the location of roads and public passages near the house. According to the rules, the minimum size is a plot that is equal to the area of ​​the house itself. However, if space allows, they use a special formula and calculate the product of the living space in the house by the specific unit of land share per square of housing. The specific unit is prescribed in SNiP: the adjacent territory of an apartment building depends on the year it was built. If two houses claim the common space or there are common passages, the formula will be more complicated.

How to find out who owns the land and how many meters the adjacent territory of an apartment building is

Residents often forget to check with the developer whether the land has been surveyed and how it is registered. You can obtain an extract from the state cadastral registration organization that shows specific boundaries and information about who owns the space.

• The owner is the municipality. In this case, the land is leased to the residents, and the terms of the lease can be obtained either from the management company or from the district MFC. At the same time, the state disposes of this site and can sell the land for the construction of a parking lot or a supermarket, etc.
• The owners are the residents of the house. In this case, it is necessary to pay for the maintenance of the site (payment is calculated in proportion to the square meters of each apartment). Residents of the house must choose whether they will maintain the site themselves, or hire a cooperative, HOA or management organization to do this. All issues regarding the disposal of land in this case are resolved exclusively by a meeting of residents.

If the site is not registered in the cadastral register, and residents want to independently manage the territory and engage in landscaping work, it is necessary to carry out land surveying and registration.

How to draw up the boundaries of the local area of ​​an apartment building: 5 steps

1. Conduct a meeting of apartment owners with a turnout of at least 50% and identify the person responsible for submitting the application.

2. Contact the Department of Land Resources and submit an application.

3. Contact local authorities or the MFC and submit an application for the formation of a site and approval of the draft boundaries.

4. Local self-government bodies, guided by methodological recommendations for the formation of local areas, carry out land surveying and establish the boundaries of the site. According to the law, the formed territory, registered with the cadastral organization, is transferred to the use of apartment owners.

5. Register the site with the Registration Service Department to prevent registration by third parties.

Decoration of the local area: pros and cons

Pros:

• No new buildings will be erected in the courtyard: kiosks, high-rise buildings, supermarkets, etc.
• Residents themselves can decide whether to rent out the land, or build a parking lot, and direct the profits to the needs of the house.
• It's free.

Minuses:

• Only playgrounds and sports grounds, as well as garages belonging to disabled people, can be located on the site.
• Residents will have to pay for repairs and landscaping work.
• You will need to find a company on a reimbursable basis that will maintain the territory.

Issues of improvement of the local area of ​​an apartment building

Landscaping of the local area of ​​an apartment building

Landscaping is carried out in accordance with the design of the landscape planning organization of the sites, which must comply with fire safety rules and sanitary and hygienic standards. Plantings along driveways and walkways cannot encroach on their territory or reduce their size. Some plants can cause allergic reactions in residents. There is a specific list of plants that are suitable for use in a particular climate zone.

Fencing the local area of ​​an apartment building

Fences, barriers and other types of barriers can be installed on the site if they do not interfere with access to other houses, the entry of fire equipment and do not contradict fire safety standards. The territory can only be limited if the site is documented, belongs to residents, and its boundaries are defined in the relevant documents.

Cleaning the local area of ​​an apartment building

If the space is not registered in the cadastre, the municipality deals with cleaning issues. If registered, the cleaning can be done by a management company, a housing cooperative or a third-party organization. The residents of the house decide at a meeting who will be entrusted with the work. Remember that the company can only be liable to residents as a result of concluding an appropriate agreement. The cost of cleaning is calculated in proportion to the area of ​​the apartment: the larger it is, the higher the cleaning costs.

The list of cleaning work includes mowing grass, painting fences and barriers, collecting and removing garbage, cleaning sidewalks, emptying trash cans, servicing garbage cans, etc. The frequency and rules for cleaning the local area are prescribed in the current city legislation and regulated by the Rules for the maintenance of residential buildings and local areas. The permeability of the territory, temperature and precipitation are taken into account, and the time frame for completing the work is established.

Repair of the local area of ​​an apartment building

Repairs are carried out either by the municipality or by the management company, and in the latter case they are paid for by the residents. The list of works includes the repair of recreational and public areas, restoration and major repairs of the road surface in the yard.

Solving issues related to the improvement and maintenance of the local area of ​​an apartment building will help make the yard clean, cozy, safe and convenient for residents.

What could the local area look like? And what do owners need to know in order to use the land adjacent to an apartment building to their advantage?

BN looked into what could be included in the local area, who has the right to dispose of it, and how residents can check whether their interests are not violated during the operation of the site.

By the spirit of the law

Let us note right away that there is no clear concept of “domestic territory” in federal legislation. There is a Decree of the Government of the Russian Federation dated August 13. 2006 No. 491 “On approval of the rules for maintaining the property of an apartment building...”. It says that the local area may include children's and sports grounds, collective parking lots, fire passages, transformer substations, etc. But in each specific case, officials determine the size of the local area taking into account the density of the surrounding buildings, the presence of public roads, number of floors of the house, etc.

The right of citizens to own and dispose of the local area is enshrined in Article 36 of the Housing Code of the Russian Federation. But only homeowners can use it - and only if the plot of land has undergone the land surveying procedure and has been registered with the cadastral register. Each homeowner, in theory, has the right to a share in the local area - of course, we can only talk about common property.

Homeowners' associations, housing cooperatives or management companies, at the request of citizens, are obliged to inform whether land surveying and cadastral registration have been carried out. You can also find out by contacting the Rosreestr Office for St. Petersburg.

In St. Petersburg, 11 thousand adjacent areas have been registered as common property. Moreover, there are more than 23 thousand apartment buildings in the city

The Rosreestr Office will give one of two answers to your request. Or a common ownership right has been issued for the local area. Either the land is provided to the HOA, housing cooperative, or management company for use, then an appropriate agreement must be concluded between the city (owner) and the users. The document specifies the conditions for using the site, the possibility of erecting buildings on it, the right (or lack thereof) to lease the territory to third parties.

Strive for agreement

If the plot is registered in the cadastral register, then the issue of its use is decided at a general meeting of owners. This could be, for example, organizing car parking, children's and sports grounds, leasing land to third parties... At least two-thirds of homeowners must vote for one or another use option.

In most cases, conflicts between neighbors arise when it comes to creating a fenced parking lot in the local area. There are often not enough parking spaces for everyone. And the owners are forced to come to an agreement among themselves, otherwise the matter may end up in litigation.

For example, residents of the lower floors may actively object to parking, especially if they are “horseless” citizens. As noted by lawyer of the St. Petersburg Chamber of Real Estate Irina Timofeeva, a parking lot designed for 30-50 cars should be located at a distance of 15-20 m from the walls of a residential building. If there are more than 50 cars, then the distance should be at least 25 m.

Quite often there is a situation where citizens purchase apartments on the secondary market, but are denied use of a parking lot. In this case, you must request a copy of the minutes of the general meeting of owners from the management company at which the decision to create a parking lot was made and carefully study it. As a rule, the protocol contains a list of apartments whose owners have the right to use parking.

Every fifth fenced parking lot in local areas in the city was created in violation of the law or without taking into account the opinions of residents

Please note that paid parking can also be organized in adjacent areas registered as common property. The law does not prohibit this. But usually the courts side with owners who oppose such initiatives.

“It’s another matter if a fee is charged for protecting the territory of a parking lot, or a homeowners association, housing cooperative, management company rents a plot for it from the city, which also happens quite often. Then the collection of funds for the use of parking from citizens occurs legally,” notes Anna Gorbenko, consultant to the Real Estate Commission of the Consumer Society of St. Petersburg and the Leningrad Region.

Sometimes the appearance of fenced areas can provoke scandals between residents of neighboring houses, especially if the shortest passage or exit to the highway is blocked for citizens. And if the area where parking is organized is registered as common property, then it will be problematic to somehow influence the situation.

Often questions to HOAs, housing cooperatives, management companies arise when residents find out that part of the local area is rented out to third parties. For example, for the already mentioned paid parking lots, shopping pavilions, etc. And citizens want to know for what purposes the income received is spent. This information must be reflected in the minutes of the general meeting of residents. Rental income may be spent on current and major repairs of the house, payment of general expenses for its maintenance, landscaping of the territory, or accumulated in special funds, if the owners do not object. Management organizations are required to report annually to homeowners on the funds earned from renting land.

The main thing is initiative

When the adjacent territory is provided to the HOA, housing cooperative, management company on the right of use, then there is no need to rush into creating parking lots, sports grounds, etc. Moreover, if land users do not have such a right in the agreement with the city. Otherwise, anyone will be able to challenge in court any initiatives of the residents.

In this case, at a general meeting of owners, a decision should be made to register the local area as common property and an authorized person should be elected who will begin collecting the necessary documents. In HOAs and housing cooperatives, these are usually members of the board. The management company consists of specialists from this organization.

The district courts of St. Petersburg hear three to five cases every month challenging the legality of creating parking lots. In half of the cases the court sides with the plaintiff

It is worth admitting that officials are not very willing to register adjoining plots of land in the central part of the city as common property, as well as in areas of long-established development - here the owners are often asked to demarcate plots for the purpose of a residential building. It is possible that for a house with history it will be necessary to raise a lot of archival information, and you will have to defend your rights to the land in court. It is best in such cases to resort to the services of lawyers.

Proper registration of an allotment as a common property will allow, among other things, to avoid such troubles as compaction development, cutting down trees, etc. There are more than enough nuances in the use of the adjacent plot by the owners, but it is possible and necessary to defend their legitimate interests.

The adjacent territory of an apartment building is a plot of land adjacent to the building on which there are passages for vehicles and facilities necessary for the full functioning of the residential complex.

Who owns the adjacent territory?

In the vast majority of cases, the plot of land under and around the house, with all the amenities located on it, is the property of the residents.

But in some situations, in order to fully secure the right to dispose of usable space and arrange it in accordance with their own ideas about order, apartment owners need to contact the appropriate authorities.

You can find out who owns the adjacent territory of an apartment building by contacting the management company, HOA or cadastral chamber. If the land belongs to the municipality, then it is for the use of the residents of the house, for which an appropriate agreement must be drawn up.

It also stipulates:

• powers of both parties;
• under what conditions is the territory used;
• the presence or absence of the owner’s right to rent out part of the usable area.

One copy of the agreement is usually kept directly by the HOA and by the local administration.

Without the consent of the residents in whose shared ownership the plot is located, it is impossible to take any action regarding the common area of ​​the house. Therefore, in the event of its privatization, there is no need to be afraid that a store, a parking lot will suddenly appear in the yard, or the construction of a new residential building will begin.

However, it is necessary to understand that after registration of ownership of the site, a number of financial costs fall on the shoulders of the residents: land tax, payment for landscaping and maintenance of the site in proper order.

How to use the local area

When a common plot of land belongs to the homeowners, it can be managed in three different ways.

1. The owners make decisions independently, at a general meeting.
2. Management is entrusted to the HOA or selected cooperative.
3. Responsibility lies with the management company.

Regardless of who owns the common area, there are a number of restrictions associated with its use.

1. It is not allowed to in any way create obstacles to the maintenance of all communication systems of the house, or block access to the territory for residents and other persons.
2. It is also prohibited to interfere with work aimed at arranging and beautifying the common area of ​​the house.
3. Garages or outbuildings cannot be installed on a common area of ​​the house. The only exceptions are veterans of the Great Patriotic War.
4. Parking of cars can only be carried out in specially designated areas.
5. Unauthorized cutting down of trees and shrubs, as well as planting of any greenery, is prohibited. To carry out such work, permission from the administration or a decision from a meeting of residents is required.
6. It is not allowed to erect obstacles in the form of fences around objects that are in common use by all owners.

The adjacent territory of an apartment building can be transferred for use to third parties for a fee. The decision on who and under what conditions to lease the space is made at a general meeting of residents.

The distribution of the received profit is carried out in the same way. It can be used for various needs, which include: payment of utilities, installation of new facilities and other improvement of the site.

Although the plot of land adjacent to the house is in common ownership of all homeowners, it is impossible to allocate a specific part of it for the personal use of one resident or group of residents.

Installation of road signs and speed bumps

In order to ensure safe movement around the yard, get rid of those who want to park on the lawn or playground and reduce the passage of extraneous cars whose drivers thus want to shorten their journey, you can take some measures.

The simplest, but, alas, least effective method is to install a “Residential Zone” sign. Within its scope, it is prohibited to travel at a speed of more than 20 km/h and make a long stop with the engine running.

This sign determines the right of way for pedestrians on the roadway and prohibits parking of cars in any place other than a plot of land specially designated for this purpose.

If residents have expressed a desire to install such a sign at the entrance to the adjacent area, then first of all it is necessary to hold a meeting of all persons in whose use the site is located. If the installation is approved by a majority vote, minutes of the meeting must be drawn up in which this decision will be recorded.

The first one is longer. Due to the fact that the installation of any road sign is financed from the local budget, you need to submit an application to the municipality, attaching a copy of the protocol with the signatures of consenting residents, so that the administration allocates the necessary funds.

This is then followed by an appeal directly to the traffic police, where the application to place the sign must also be approved. Only after this will signs be installed at the entrance and exit of the local area, and most likely this will be done only next year.

There is another way. You can immediately apply for the installation of appropriate road signs to the local traffic police department. In almost one hundred percent of cases, this request will be denied because the placement of the sign was not included in the budget plan in advance.

Then you can finance the work from your own pocket, collecting the necessary amount from all homeowners. The installation of speed bumps is carried out in a similar manner.

Installation of barriers

If a certain road sign can somehow regulate the situation with disorderly parking, then the passage of unauthorized cars is unlikely to decrease. To combat this problem, many HOAs decide to install fencing and barriers. But this must be done in compliance with all the rules.

The procedure consists of several stages.

1. First of all, it is necessary to organize a meeting of residents, at which the issue of installing a barrier to restrict access of strangers to the yard will be considered. If more than 70% of the owners are positive about this issue, then you can move on to the next stage, having previously recorded this fact.
2. Next, you need to submit an application to the local administration, attaching to it the minutes of the residents’ meeting and a detailed design of the fence. Within a month, it must be considered and a decision must be made on it, of which the owners are notified.
3. You need to be prepared for the possibility that you may receive a refusal. This usually happens if, as a result of reviewing the application, it turns out that after installing the barrier, 24-hour unhindered access to the yard for utility and emergency services vehicles will not be provided.

If an already installed fence poses an obstacle to territory development, repair or construction work, which is financed from budget funds, it can be dismantled.

At the same time, residents are notified in advance about dismantling and all costs incurred by the owners of the common land plot are compensated in full. The amount of compensation is determined through an independent examination.

Removing obstacles to using the local area

Controversial situations often arise when, during a meeting, it turns out that not all owners have the opportunity to pay from their own funds for the installation and maintenance of a barrier or coded gate. And since such residents usually remain in the minority, the installation of fences is still carried out.

An initiative group of owners who monitor these works subsequently do not issue keys to the neighbors who refused, arguing that these residents did not participate in the collection of financial resources.

Such actions are illegal, which can be proven by filing a claim in court. By decision of the court, the chairman of the HOA undertakes to ensure unimpeded passage and passage to the local area for all homeowners, without exception.

It is also worth noting that some residents unauthorizedly place non-permanent buildings on the common property (most often these are shell garages). To legally carry out such actions, it is necessary to obtain the appropriate permits.

This is either the consent of the majority of owners or permission from the city administration, depending on whose ownership the land is. If the owner of the building does not have any permits, then the structure is subject to demolition.

An exception to this situation are WWII veterans, who can freely build a garage on the adjacent area, but only for personal use.

Any buildings, barriers and plantings must have documented permission.

Otherwise, they are subject to demolition as illegal. In rare cases, owners manage to obtain consent after the construction of the structure/fence, but the best option is still to prepare all the necessary papers in advance.

The common property of apartment owners in a building is not only the entrances, attics and basements, but also the surrounding area. The Housing Code obliges each owner to maintain this territory. But in addition to responsibilities, HOA members also have rights to dispose of the land adjacent to the house. In practice, anyone can dispose of the surrounding area at their own discretion, for example, a store will grow on the site of a public garden, and a new building will grow on the site of a sports ground. How can residents become full-fledged exploiters of the local area? Is it possible to fence it off and prohibit outsiders from using it?

general information

Each high-rise building is documented to be associated with the land plot on which it is located. The plot is already registered and has a cadastral number. The boundaries of the site include not only the land located directly under the house, but also sidewalks, roads, playgrounds, and green areas. It is this area around the house that reveals the concept of “adjacent territory of an apartment building.”

According to the rules for maintaining common property, the adjacent territory of an apartment building is:

The local area includes:

• a plot of land under the house;
• landscaping and landscaping elements;
• sports and children's playgrounds;
• parking lots;
• fire passages;
• boiler rooms;
• transformer substations;
• other infrastructure facilities.

The exact boundaries of the local area of ​​an apartment building and the area of ​​the land plot are reflected in the cadastral passport; this information is publicly available - on the public Internet map of Rosrestr. The status of the plot can also be found on the map - it is either rented by the HOA or registered as the property of the residents.

Local area according to Article 16 of the Law “On the Enactment of the Housing Code” belongs to all apartment owners on the basis of shared ownership . And if it is rented, then ownership rights can be registered if such a decision is reflected in the minutes of the general meeting. The shares of the land plot are determined between all residents in proportion to the areas of their apartments, as well as all common property in the house.

Privatization of the local area of ​​an apartment building is free and does not require registration by each owner. Based on the analysis of legislation, when the owner buys an apartment, he also buys part of the common property, which cannot be separated , therefore, we can assume that the registration of the share was carried out at the time of registration of the right to the apartment.

The adjacent territory of an apartment building. Standards

Utility workers often treat house maintenance carelessly, and there is no discussion at all about the adjacent areas. That's why Maintenance of the local area of ​​an apartment building falls entirely on the shoulders of the residents. And in order to improve the area around the house, you need to know its boundaries.

The size of the adjacent plot is determined by town planning regulations in accordance with Article 43.4 of the Town Planning Code. Each city has its own regulations, but there is a general formula by which the adjacent territory of an apartment building is calculated (the 2015 standards are relevant to calculate using this formula, since the legislation on this issue has not changed since 2000).

According to the Regulations on determining the boundaries of land plots in condominiums, it is established exactly how to determine the boundaries of the local area. In this case, the parameters and characteristics of the high-rise building, the boundaries of neighboring houses and the area of ​​the entire microdistrict must be taken into account.

The formula for calculating the size of the local area is given by order of the Ministry of Land Construction No. 59 (SP 30-101-98) and looks like this: Snorm. = У*Sк, where:

• Snorm – standard area area;
• U – indicator of the share of land per 1 sq.m. housing, which is calculated using a more complex formula and directly depends on the number of storeys of the house and the year of construction;
• Sк – total area of ​​apartments and common property.

The formula for calculating the share indicator can be found in the town planning regulations of your municipality.

Disposal of the local area

The adjacent area is created for the comfort of residents - for walking, for the construction of playgrounds or parking lots, etc. However, if there are shops and offices in the house, often the entire local area is occupied by parking lots and parking lots.

But you need to keep in mind - since the entire territory around the house belongs to the owners of the premises in shares, then it can only be managed together !

• to the management company (and such a clause must be included in the management agreement);
• on the HOA (all owners of premises at a general meeting decide how the adjacent territory will be used).

The territory can even be fenced if a municipal road does not pass through the site. In this case a public easement has been established on part of the site with the road.

If the road is not municipal, but belongs only to your home, you have the right at a general meeting to close your territory from unauthorized persons, for example, by installing a barrier.

Part of the site can be used profitably, for example, rent it out for parking, and use rental payments for general house needs. But this decision is also agreed between all residents.

We should not forget that responsibility is imposed for improper maintenance of the local area. For example, a block of ice fell on a car parked near the house. The court will recover damages to the car owner:

• from the management company, if it is she who manages the house and receives payment for the maintenance of housing;
• with the HOA, if the house is managed independently (by way of recourse, the HOA can recover money paid in court from the guilty party).

Moreover, if the area where snow or ice may melt is fenced, the car owner will not receive anything if he parks the car inside the fence.

How to park at a high-rise building

If the adjacent territory of an apartment building allows, parking there is not prohibited, but is subject to traffic rules. For car owners the following is prohibited:

• parking with the engine running;
• truck parking;
• blocking passages;
• parking near trash cans is closer than 5 meters;
• driving on lawns and sidewalks;
• parking on the lawn and sidewalk.

If parking rules are violated, the culprit's car may be towed.

It should be noted that since parking is a local area, the housing code has given all residents equal rights to use it, without allocating a specific place.

A parking space cannot be the property of a specific HOA member.

Laws sometimes have important aspects that most people are not even aware of.

Interesting note: According to Part 6 of Article 36 of the Housing Code, ownership of a share of the adjacent territory is not canceled with the demolition or destruction of the house and does not pass into the possession of the state or other persons. That is, if you have a designated local area, this means that in case of demolition of the house, you can sell, donate, or dispose of your share in another way.