Local area - what is it?
According to the law (the provisions of the Land Code of the Russian Federation), the adjacent territory is considered to be separate areas that are adjacent to the building of an apartment building. Such areas are designed accordingly and have their own functional tasks. This territory is considered the common property of all owners of apartments in a given building, as well as the owners of those commercial premises located inside the building. In terms of design, size and functionality, the territory must fully comply with accepted standards.
Residents have the right to freely dispose of common property - install playgrounds, gazebos there, improve the area with greenery or planting trees. Also erect various fences.
Fences undoubtedly help owners protect themselves from stray animals, strangers, and the entry of foreign cars.
On the site you can safely place objects of common property that need to be protected. The actions of residents related to this land are regulated by acts:
- Land Code;
- Housing Code;
- Resolution of the Arbitration Court No. 22.
Important! According to the law, all residents make collective decisions regarding the local area at meetings they hold. For example, delimiting a parking lot, installing slides, building a gazebo or other similar objects that everyone needs.
New and old SNiPs for summer cottage construction of fences in 2020
- Document TKP 45-3.01-117-2008 , which contains information about the dimensions of the fence, the degree of transparency and aesthetics, which must be agreed upon with the regional authorities of Architecture and Urban Planning. The recommendations of this document must be strictly followed, without any reservations. Mandatory requirements to be met when erecting a fence:
- the height of the fence bordering the street or roadway should be 2 m, the degree of transparency should be from 0 to 100% over the entire height;
- the height of the fence with the neighboring, adjacent area should be 1.7 m; the degree of transparency along its height should be 50-100%.
- The current Federal Law No. 66-FZ, which applies to horticultural, gardening and non-profit partnerships, states that construction on a land plot must be carried out in strict accordance with the design documentation. If the owner wishes to increase the permissible height of the fence, he must obtain permission from the local government authority.
- GOST 12.4.059-89 SSBT : “Construction. Inventory safety fences. General technical conditions." It provides a standard that applies to inventory fencing of workplaces and passages to them.
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Types of fencing
There are different fences, they differ in material, size and degree of access restriction:
- a complete ban - any fences, even 2-meter high metal or stone (brick, stone) fences, residents can additionally equip them with cameras or hire a concierge;
- partial ban - the fence is supplemented with a barrier; its installation will require approval from several emergency services (police, firefighters, also ambulance);
- partial, separates part of an entire territory - this is a type of targeted fencing, these can be installed freely, without permission (for example, trash mesh fences or small fences around the lawn);
- prohibition of access to individual objects - such restrictions are used by local utility services, as well as construction companies, a temporary measure for the period of repair work.
In addition, residents have the right to install wickets, wide gates, equip them with modern electronic locks or intercoms, and install cameras there. Such mechanisms are opened with a card or code key. After installation, sets of appropriate keys/cards should be distributed to all owners.
Important! Check whether free use of the selected fence is allowed before installing it.
Secure fencing for private property
Almost every owner of a personal plot sooner or later faced the need to install a fence made of wood or brick.
Combined brick fence with metal sections
But this is far from the cheapest and easiest thing to do. A high-quality brick fence requires not only serious expenses on the part of the owner, but also the invitation of professionals who can install a high-quality structure. Therefore, an increasing number of people who want to protect their site, be it a private house or an apartment building, from unwanted guests and who do not want to spend a lot of money, choose a metal fence.
And in some cases, it would be quite relevant to use an iron mesh, which, although it does not have the same strength as a monolithic structure, will allow you to isolate your site from its environment.
In addition to the fences themselves, most modern companies are ready to simultaneously provide services for the manufacture and installation of various types of wickets and gates, etc. There are various variations of these designs, such as with automatic sliding when a signal is given or a conventional swing structure that can easily be influenced by one person.
Sliding automatic welded gates for the local area
Metal fences can be used both to fence off the territory from uninvited guests and as landscape decoration.
Hundreds of design options are available today in many stores, and if you wish, you can personally order the design you need. Once you receive your order, you can assemble it yourself without any problems. And if you pre-treat the surface of the area fencing, you will not need to repair the metal fence.
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Decoration of the local area
Before choosing the right fencing, you should design the site itself, if this has not been done before. Typically, in new buildings, residents who purchase housing are automatically awarded the right to own the adjacent land there.
If the house is older and was commissioned for subsequent use before 2005, then it will be necessary to organize a land survey, it will determine the actual boundaries of the territory. After that, put this plot on a special cadastral register. Then collect the documents and submit them to Rosreestr. After a week, apartment owners will be happy owners of land.
To install barriers there you will need the following papers:
- a cadastre extract, where the coordinates of the required turning points are indicated in detail;
- cadastral passport;
- the act of removing data from turning points.
These documents will help you accurately install the selected fence.
Where to complain about illegal installation?
By virtue of clause 2, part 2, article 44 of the Housing Code of the Russian Federation, the competence of the general meeting of owners of premises in an apartment building includes: making decisions on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on its use.
A fence can be installed if the local area is registered as the common property of the residents. If the house was built before the introduction of the Housing Code of the Russian Federation, and the adjacent territory is still owned by the municipality, it is necessary to privatize the land plot.
For greater convenience and safety, apartment owners are allowed to install fencing around the area of the apartment building in which they live.
Low fences are so familiar to us that we don’t even notice them anymore. In practice, it turns out that they can only act as an obstacle to transport.
Features of coordination
As a rule, the installation of a fence is initiated by one or a group of residents who want to improve the common area. First of all, they should obtain the written consent of the remaining legal owners, because the local area is considered common property, the rights of which are divided equally. It is more convenient to voice your proposal at a special meeting. Describe the advantages of the fence, discuss its installation (where, dimensions of the fence), also present options and prices. After all, the owners will pay the costs together.
The second step will be coordination with various government services, since the fence should not actually prevent them from freely entering the specified territory, if the need arises. These services:
- firefighters;
- police;
- "Ambulance";
- Ministry of Emergency Situations;
- Housing inspection.
Important! If one of the above services does not give written consent, the finished fence may be forcibly demolished, based on the court decision.
Therefore, you should not neglect formalities. Service representatives can visit the area, find out the details of installing the barrier and advise on how to install it more safely and conveniently.
Having completed the necessary approval procedure, residents choose a contractor. The initiative group collects money directly, each owner donates an agreed amount, forming capital that will be spent on fencing. In principle, funds can be written off from the general house account - it is needed to pay the costs of various repairs and restoration work. It is important to ensure that the contractor takes into account all the basic safety requirements and wishes of the client during installation.
The finished fence must meet the client's requirements in size, strength, functionality and placement. Also do not interfere with local transmission lines, pipes or other objects.
Important! It is inconvenient to install the fence directly in places where there are pipes underground, otherwise repair services will dismantle it if an accident occurs. However, the owners can restore the fence after eliminating the accident, but they will pay for it themselves.
All standards relating to the local area (its size, functional purpose, location) are reflected in SNIP SNiP III-10-75 (Building norms and rules “Improvement of territories”).
Is it possible to remove the fence around a high-rise building?
You are a member of the HOA and participate in making these decisions at the general meeting, but decisions are made by a majority of votes and are executed by everyone. All apartment buildings prefer a fence around the house, if possible. This includes safety, amenities, free parking, and the absence of strangers. This is good for the house as a whole. You will not be able to prevent this, since you will not have a majority of votes.
Yes, you will have to pay, because this decision is made by the general meeting of owners of the residential building. A fence can be installed if the land plot is on the cadastre, and the maintenance of the local area will be paid for by all owners.
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Possible difficulties
Most often they arise when an initiative group begins to collect the funds necessary for installation. Residents who disagree with unexpected expenses may refuse. In principle, they agree to install a fence, but they do not plan to pay the cost of the service. Other owners who rented honestly will be outraged. According to the law, residents have the right to refuse; these are not mandatory, but rather voluntary expenses. After all, the installation of the fence was originally the idea of the owners themselves.
Important! Those who have not paid will still have to be given a set of magnetic keys, because according to Article 209 of the Civil Code of the Russian Federation, each owner has the right to freely dispose of property, and the surrounding area belongs to it.
Owners - entrepreneurs who have beauty salons or shops under their houses - can also refuse; the fence will significantly limit the influx of visitors. Here difficulties can be resolved through negotiations, discussing the possible relocation of the fence or reduction in size.
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Landscaping of the courtyard area of an apartment building
The concept of “yard improvement” includes many services provided by the management company, for which an additional fee is charged for the maintenance and repair of a residential building. If desired, residents of an apartment building enter into an agreement, using the services of a private enterprise, even to plant a lawn around the apartment building. The adjacent area should be well lit, due to natural and artificial lighting provided for by the rules of SNiP. The area around an apartment building carries not only a functional, but also an aesthetic load. Landscaping activities can be carried out by planting flower beds or trees around a high-rise building using the services of a private landscape designer. In the case of a large plot of land, with the help of bushes, it can be demarcated into recreation areas by making an impromptu fence, taking into account the interests of all residents.
Don’t forget about installing ramps for disabled people and the elderly. They must be provided based on the rules of SNiP. A ramp with a handrail is necessary for convenient descent of a young mother with a stroller. The ramp must meet all requirements for full operation. There are many families in an apartment building for whom a ramp will make walking much easier. The quality of work is accepted (or not accepted) by the residents of the house. The courtyard area includes walking paths, parking, a clothes dryer, a playground, flower beds and garages. The clear boundaries of this site are stated in the BTI house passport and approved by the Cadastral Chamber, but it is impossible to install a fence along them.
