How many meters is the adjacent territory to a private house?
The general meeting consists of the owners of independent objects of the building provided for the corresponding object. Student dormitories and libraries conducting the educational process. The main customers of the service in St. Petersburg are business centers, when the building completely occupies a certain part of the land plot allowed for development, this is not our case, they represent the usual attributes of any Western hypermarket, I ask you to repair the children's playground and take measures to ensure safety on this site.
If the surrounding area is not determined in accordance with the requirements of the law, but only the requirements, but from land ownership? A clean parking lot, as well as the installation of watering taps for cleaning the territory, refused to comply with the rules of landscaping and went to court, is this planned by the developer during the construction of new buildings?
Cleaning the surrounding area
Advice from lawyers:
1. The landlord imposes paid cleaning services for the surrounding area.
1.1. Vadim! Is office rent really such a problem in St. Petersburg now? If they impose an additional paid service on you, then find another office, since now the choice is huge.
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1.2. I agree, you don’t have to agree to this. Say that you will move faster than you will pay. Now with this pandemic, landlords need to stick to their tenants like mom and dad. Sincerely.
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1.3. Hello, he has the right to do this when concluding a new contract. In the case of the old contract, this is not the case.
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2. Who enters into a contract for cleaning the area adjacent to the shopping center?
2.1. Good afternoon, this issue falls within the competence of local governments; the owner of the property is not obliged to maintain the adjacent territory, unless he voluntarily entered into an agreement with the local administration, where he has an obligation to maintain the adjacent territory. By a ruling dated March 12, 2015, the Judicial Collegium for Economic Disputes of the Armed Forces of the Russian Federation upheld the decision of the Arbitration Court of the Bryansk Region, which found the Rules for landscaping, ensuring cleanliness and order in the city of Bryansk to be inconsistent with the law in the part that imposes on legal entities the obligation to observe and maintain order in territories adjacent to real estate owned or leased by them. The Supreme Court, in particular, noted that the obligation to maintain the adjacent territory may be assigned to the owners, owners, users of land plots and real estate either on the basis of federal law or on the basis of an agreement, but not on the basis of a decision of a local government body. Federal legislation, in turn, does not provide for such an obligation.
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3. Legal advice is needed regarding cleaning the area adjacent to the store.
3.1. Hello, Elena. What exactly are you interested in, who should clean the area in front of the store, or a report of prosecution has been drawn up against you, and you want to challenge it? In any case, the answer will depend on whether the store is owned or not, on the lease agreement (if any) and the agreement concluded with the management company.
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4. Can the head of a vocational educational institution (hired under an employment contract) enter into an agreement for the provision of paid services with himself for cleaning the adjacent territory.
4.1. No, he cannot enter into an agreement with himself.
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5. The GBOU customer enters into a contract for cleaning the interior and surrounding areas. The contract requires the supplier to rent premises for storing equipment and pay utility bills for this premises. Area 40 sq.m. The supplier does not need so much space, especially since the rent will be approximately 56,000 rubles. per month, which is expensive and a lot. Is this item/obligation a legal requirement of the Customer?
5.1. Gosha! Yes, there the director decided to simply put the money in his pocket. Even in Moscow, not every office pays such prices. Sincerely.
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6. Our company provides cleaning services in schools in Moscow (cleaning of interior premises and adjacent areas). Some schools continue to operate due to the fact that there are groups of children whose parents cannot leave them at home. Can our organization continue to provide services to operating institutions and how to legally justify this, what to refer to, what kind of certificates can we issue to employees? Thank you!
6.1. Decree of the President of the Russian Federation dated March 25, 2020 N 206 “On declaring non-working days in the Russian Federation” orders you to suspend work. Unfortunately, continuation of work activity is punishable under Art. 6.3. Code of Administrative Offenses of the Russian Federation.
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7. The border with the store runs along the adjacent territory of our private house. Snow from the roof of the store is falling onto our territory. In the event of an emergency, neither an ambulance nor a fire truck will be able to drive up to the house; moreover, we cannot call a sewer truck. The owner cleans the area after swearing. I don't want to swear. Should the store owner monitor the cleaning of this area, and if so, at what distance from the store?
7.1. Dear Olga, Ufa! The owner (Article 209 of the Civil Code of the Russian Federation) of the store building (premises) is obliged to clean the adjacent territory without violating the rights of other owners (Article 30 of the Housing Code of the Russian Federation). Otherwise, to begin with, administrative penalties may be applied to the owner of the store building, and in the future this land plot may be confiscated. Good luck to you Vladimir Nikolaevich Ufa 01/30/2020
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8. Our institution is a state institution. The institution has no adjacent territory, except for steps and a parapet with an area of 30 square meters. meters. Is it possible for an institution not to employ a janitor, but to charge the cleaners with cleaning the parapet?
8.1. It is possible if they give you written consent to do so. Sincerely.
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9. I rent a room in a residential building, our entrance is at the end of the house. There is an adjacent area where residents of the houses constantly park their cars. Accordingly, our clients no longer have anywhere to park. At the same time, we clean the area ourselves. How can we legally free up space for our clients?
9.1. No, every owner and tenant has the right to parking. Sincerely.
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10. Should the management company clean the area adjacent to the non-residential premises (mountain hospital), which is located within the local area, if this is the area in front of a separate entrance and hospital visitors constantly litter there, throw away used cotton wool, bandages and shoe covers?
10.1. Contact the uk and find out from them what the problem is.
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11. I own the coastal territory (in private ownership) and a partially adjacent lake under a water use agreement for 20 years. The territory is fenced, but there is free access to the coast. Residents of local villages independently built a pier on my territory and moor their boats on it (the entire shore is littered, constantly noisy) Do they have the right to do this? Can I dismantle this pier or at least force them to pay for their activities on my territory, compensate for cleaning costs, etc.)?
11.1. Hello Anastasia. If the territory belongs to you by right of ownership, then you can own, use and dispose of it. You have the right to prevent unauthorized persons from entering this area, as this is not a public place. To avoid unnecessary conflicts, I would advise you to legally demand the demolition of the pier. You can also invite them to sign a lease agreement. Best wishes.
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12. I need to give a citizen a request to clean up the surrounding area, but if I don’t come, he’s not at home, or he’s gone to another city. How should I deal with such a situation? I sent it by registered mail, it came back a month later.
12.1. This means he is considered notified.
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13. I am interested in the text of the instructions of the owners of SNT about mowing and cleaning on their plots and adjacent territory 1.5 meters to the left and to the right.
13.1. So write what you want to indicate.
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14. The administration of the rural settlement requires cleaning the territory adjacent to my plot, but the cut grass cannot be burned and must be removed as solid waste at my expense. When I asked why, they answered: that they must cultivate 10 meters from the site. Are they right?
14.1. Hello! No, they are not right. You are not required to clean the area outside the boundaries of your property.
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14.2. Some nonsense: sm_ag: Is the administration aware that forced labor is prohibited under the Constitution of the Russian Federation? 
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15. The city administration requires drawing up an agreement for cleaning the adjacent territory of a private house. Is this legal?
15.1. Dear Alexey, the agreement provides for equality of the parties and is concluded at the request of the parties to the contractual relationship. To conclude an administrative agreement in which the participants are unequal, there must be a legal basis. I wonder what grounds the local authorities are putting forward for you?
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16. I do not have a residential premises in a business center; I have a contract for maintenance of the building (snow removal station or janitor, there is no adjacent territory). Every month I pay a bill that states the maintenance of non-residential premises. This year we are billed separately for cleaning and garbage removal, how much is this correct? Should I pay for it? The amount is very large... thank you.
16.1. From January 1, 2020, utility payments are allocated as a separate line or invoice. There is no violation of the law in this. Receipts for payment of this utility service are required for payment. Base:
Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated May 6, 2011 No. 354.
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16.2. Hello. The fact that they issue an invoice on a separate line is by law. However, the amount should not increase significantly, since you have already paid for this service. Ask to justify the amount of the fee, notifying that you will appeal in court against its unreasonability. Good luck.
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17. We have a contract for cleaning the surrounding area. The customer verbally advised that the last day would be November 24th. We worked 24 and still no payment. It's December. To the question where is payment? The customer complains that we did not come out on 25 and will sue for calling a tractor for a large sum. Question: he doesn’t sign the acts and how can we officially terminate the contract with the customer dated November 24? How to sign payment documents?
17.1. Hello, Olesya! It is necessary to study the contract that was concluded with you: you need to understand for what period it is concluded, the terms of payment. Who determines that you should go out on the 24th or 25th? You also need to understand how the situation is regulated when evading the signing of acts. In general, in practice, a reasoned refusal to sign acts within the period established by the contract is usually written. And if within the established period a motivated refusal is not received from the customer, then the document is considered signed without claims, and the work is considered completed. As you indicated, I don’t know.
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18. In the house of the HOA. It's winter now. The territory is fenced. The question is, who should clean the surrounding area? Are the owners required to do this, or should the HOA handle this by hiring a snow removal company!? And is this included in the cost of housing maintenance?
18.1. Snow removal around the house should be carried out by the HOA either by its employees or with the involvement of some organizations. Cleaning the local area is included in the list of housing maintenance services.
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19. At the time of its construction, the apartment building was mortgaged for a store. Today it is a grocery store. There are 2 trash cans in front of the store. There is a pedestrian path along the perimeter, approximate width 1 m. 2 cm. What is the shopping area like? Residents of the house require cleaning within a radius of 10 meters.
19.1. Good afternoon This requirement is not based on law. Ruling of the Supreme Court of the Russian Federation dated 07/08/2016 N 307-ES 16-7353 in case N A 66-9848/2014: the owner of non-residential premises located in an apartment building, by virtue of the direct instructions of the law, is obliged to bear the costs of maintaining common property, regardless of expenses for the maintenance of individually owned premises and for utilities. Maintaining your own premises, paying for utilities consumed there, and incurring expenses for cleaning the territory do not relieve the owner of the premises from the burden of expenses for maintaining the common property of an apartment building. The amount of payment for the maintenance of common property is proportional to the area of the premises occupied by the owner.
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20. Does the head of the d.s. have the right? force employees to participate in cleanup work. Does the city administration allocate money for cleaning the surrounding areas? and schools?
20.1. Julia, good afternoon. If the administration insists or tries to exert pressure, these actions are unlawful. Adults will not suffer any legal consequences, since forced labor in the Russian Federation is prohibited by the Constitution, and on weekends they can only be engaged at their own discretion and after receiving written consent. An exception is emergency situations, to which cleaning the territory of a preschool institution definitely does not apply. If you believe that your rights have been violated, you can contact the prosecutor's office.
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20.2. Hello. 1. No, he does not have such a right. 2. yes, they definitely stand out.
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I got a half-time job (cleaning a house of 192 sq.m., washing, ironing, etc.
Raised an agreement on property management of an apartment building, it is indicated
In our microdistrict there is one house with 8 entrances, under two entrances there is a kindergarten,
How can one legally correctly punish someone who makes noise under the window day and night?
How can one legally correctly punish someone who makes noise under the window day and night?
Can I contact Rospotrebnadzor regarding the bank's removal of snow from the adjacent territory.
Winter has come and a lot of snow has fallen. The HOA ordered a grader to remove snow from the driveway adjacent to the entrances of the local area,
Who should clean the adjacent territory of an apartment building if there is a municipal organization on the ground floor?
Good day... the head of the municipality (city) has decided to charge the owners of private houses with cleaning the adjacent territory (on the street side, behind the fence).
I have a private house, which is also on the corner, next to the road, the surrounding area is very large,
Residents organized parking in the courtyard of the house, filling it with crushed stone at their own expense (prior to organizing parking, permission was obtained from the district administration).
Local area of a private house
Persons who refused to attend the general meeting, but who received the appropriate notification in due time and did not express their attitude to the upcoming land survey in writing, are considered as agreeing with such land survey (noted in a special act).
The federal law, which establishes the boundaries of private plots, provides for mandatory agreement with persons who are interested in redistributing this plot at a general meeting (notification of such a meeting is given no later than 1 month before the meeting itself).
How is the size of the local area of an apartment building determined?
As a rule, developers are engaged in carrying out one-time work. Homeowners in a building can independently determine who will do this activity and increase the list of work performed. With a competent approach to managing the house and the surrounding area, residents can reduce their costs and increase the comfort of their stay.
- SNiP points. It sets standards for this zone. They concern the location of objects on them, down to the distance between one and the other.
- Articles of the Housing Code (36, etc.) established exactly which objects can be classified as adjacent areas. The main condition is that they must provide comfort to the residents of a multi-storey building.
- Provisions of the Civil Code and the Land Code concerning ownership rights to real estate.
- Article 7 of the Code of Administrative Offenses, concerning violation of obligations to maintain the proper condition of the local area. Thus, violators may receive a fine (calculated based on the area) or be subject to administrative liability.
Interesting: Documents required for an apartment purchase and sale transaction
What to do if they don't clean up?
Situations when the company responsible for the maintenance of the local area does not fully fulfill its obligations occur quite often.
In such cases, residents should file a complaint:
- in the HOA in the name of its chairman;
- management of the management company;
- to the state housing inspection;
- to Rospotrebnadzor;
- to law enforcement and judicial authorities.
The document is filled out in any form.
A sample complaint to the management company about poor quality cleaning of the local area is here.
Local area: how many meters from the house
This area is intended to ensure your comfortable and full use of the house and yard, for example, for walks, walking pets, children playing and car parking. The real situation is somewhat different from the idealized picture described above.
However, we note that such a calculation applies only to areas adjacent to apartment buildings. Regarding the private sector, there are no rules for the local area. For this reason, the size of land plots is determined by the leased or own territory.
Should the owner pay
The adjacent territory is the property of all homeowners. This is stated in Article 16 of Law No. 189-FZ. Legal documents clearly explain that apartment owners, regardless of whether they have privatized their housing or not, are obliged to monitor the cleaning and improvement of the land located near their home.
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Since the very placement of a high-rise building assumes that everyone living in it uses the local area, and therefore must service it.
The tariff for cleaning the local area is calculated depending on the total area of the property owned by the owner. This is stated in Part 1 of Art. 158 of the Housing Code of the Russian Federation. In other words, the larger the apartment, the higher the amount its owner will pay for maintaining the land near the home.
- title: Act on failure to provide cleaning services for an apartment building;
- date of;
- statement of the claim: name of the management organization, address of the house, list of claims;
- Full name, apartment, signature.
You should write as completely as possible what work is not being carried out.
How is the size of the local area of an apartment building determined?
- Carry out work on the construction of structures and recreational facilities for children and adults. This also includes the repair of such objects.
- Engage in landscaping and cultivating planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain the greenery in proper form.
- Designate places for household waste, ensure their cleanliness and timely removal.
- Cleaning - sweeping sidewalks in the warm season and clearing of snow during winter.
- Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
- Arrange parking areas where vehicles will be parked.
So, the local area is the property of those who live in the apartment building. Therefore, the adjacent area with all the objects located on it (benches, platforms, gazebos, etc.) should initially be used only by residents of the house. In fact, anyone can use this territory.
PRO new building 7 (499) 703-51-68 (Moscow)
- Work to create places where children and adults can relax.
- Fencing the territory or part of it. The main thing is to take into account the interests of the population in nearby houses.
- Arrangements for parking where personal vehicles are located.
- Planting treatments . You need to feed the plants, weed the flower beds, mow the lawn, trim the trees.
- Landscaping on the site . It is required to create lawns and plant flower beds, plant shrubs and trees, with the exception of poisonous plants.
- Repair work on fences and buildings.
- Organization, maintenance of clean places for removal of household waste, ensuring timely removal.
- Cleaning the area. Snow must be removed from driveways and entrances. Sidewalks require periodic sweeping.
- The responsibility for maintaining order in the house rests with the residents. It is the responsibility of the network institutions to replace them if the devices wear out or become damaged.
- If the administration does not obtain approval, fences with a maximum height of 60 cm are used for the function of fencing. Otherwise, approvals from government services cannot be dispensed with.
- There should be no cars in the parking areas without their engines turned off. This also applies to taxis.
- It is prohibited to carry out work or wash cars in the local area.
- Cars are parked only in areas specifically designated for this purpose. It is prohibited to use the green zone for parking. You will have to obtain special permits if you want to expand the parking lot using the green zone.
- Containers with garbage are placed on separate sites.
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How to find out how many meters from the house is considered a local area
The most difficult thing is to give a clear definition of the local area of a private house. If we take the laws literally, it turns out that the local area is an area necessary for the full maintenance and provision of infrastructure for the house itself. This territory can be owned, freely used or leased. In most cases, a fence is installed along the border of this area. The area behind the fence is not a home area. Most often this land is municipal.
The right to a well-groomed and clean yard or basic issues of the local area
But, this procedure is established for buildings, the land around which is registered as the shared ownership of the residents. If the site under the house has not been registered, then it belongs to the municipality, and the maintenance of the local area is the responsibility of the local authorities, that is, the district administration.
It is interesting that the process of transferring rights to land near the house has not yet been worked out in practice, since local authorities are in no hurry to lose land property, and, accordingly, rights to it, and residents are in no hurry to acquire the right due to the troublesome process and some problems , which will be brought by your own local area.
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Who sets the boundaries of the territory adjacent to the building?
You indicated that part of the building is on municipal land. Therefore, if the municipal land plot on which the building is located is included in the State Property Committee and has boundaries, then you can look at its configuration on the Public Cadastral Map of Rosreestr. I believe that that part of the land plot free from the building is the adjacent territory.
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Our company is the owner of part of the building located on municipal land. Recently, representatives of the administration came to me and said that we must clean the area on which the building stands. How to find out the size of the surrounding area, and where should it be recorded? And yet, the basement is an object of civil defense and emergency situations, should they take part in cleaning the surrounding area?
Polina Morozova, a lawyer at the legal service “Unified Center for Protection” (edin.center), answers:
The owner of a property, including non-residential premises, is responsible for its maintenance. In this case, the owner of the non-residential premises either independently organizes the cleaning of the territory and storage/disposal of waste, or, in the absence of a technical or other opportunity to do this, negotiates with the HOA on the amount of the cleaning fee (concluding a separate agreement with the organization for garbage removal and cleaning). This issue must be resolved at a general meeting by determining the share of costs for cleaning non-residential premises and included as a separate line in the HOA budget.
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How many meters from the house is considered a local area?
- Documents that indicate the state implementation of the right regarding a private or apartment building and the land under it;
- Real estate purchase agreement. If the investigation was carried out before 1998, it is required to register it with the Bureau of Technical Inventory.
To establish the size of a house plot in accordance with federal legislation, a procedure for surveying a real estate property is carried out. During the process, an act of coordination of its boundaries with the owners of neighboring properties must be drawn up. Coordination is carried out through a meeting, written notifications or submitting an advertisement in a local newspaper if it is not possible to establish the location of the owners of neighboring plots. You should notify about the process at least a month before the survey itself.
16 Aug 2020 glavurist 813
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Magnit proved in the Supreme Court of the Russian Federation that it is not obliged to remove snow from the “adjacent territory”
CJSC "Tander", filing a claim with the Arbitration Court of the Bryansk Region, demanded that one of the clauses be excluded from the rules for landscaping, ensuring cleanliness and order in the city of Bryansk, which required all legal entities to "carry out daily cleaning and constantly maintain the surrounding area clean and tidy" territory to real estate owned or leased at a distance of up to 10 meters from the facade of a building, structure, other property, and if there is a fence - at a distance of up to 10 meters from the fence.”
According to the retailer, this clause contradicts federal legislation on local self-government, the Constitution of the Russian Federation and Article 210 of the Civil Code of the Russian Federation.
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It is not difficult to guess that this judicial act of the Supreme Court of the Russian Federation is also relevant for Omsk. A similar rule for cleaning the adjacent ten-meter area from the facade of a building or fence is contained in Article 98 of the rules for landscaping, ensuring cleanliness and order in the city of Omsk, adopted by the Omsk City Council in 2007, and again edited in 2014. And as recently as January, by the way, the Omsk mayor’s office was loudly and sincerely indignant that large retailers were doing a poor job of removing snow from the areas adjacent to them. In addition to Magnit, the violators included such retail chains as Planet Holiday, Red and White, Euroset, Pharmacopeika and a number of others.
