Who owns the territory behind the fence of a private house?

ensuring unhindered access to various emergency services - fire, ambulance, emergency water and gas.
There are many options for using the local area: you can organize a beautiful lawn, arrange a convenient entrance for a car, or install a swing for children. However, there are some restrictions on the use of such a site. The municipality prohibits:

install poles, signs, fences and other structures without permission;

burn garbage;

litter with building materials and other items.

Land surveying is a set of works aimed at establishing the exact boundaries of a land plot and further legal registration of the results of this work. Landmarking of the local area is carried out in the following cases:

to purchase the site from the administration and register it as property;
to register a lease for a plot;
when controversial issues arise between neighbors.

The surveying procedure includes the following steps:

agree with all interested owners on the boundaries of the site. It is better to formalize such an agreement in writing, since during the land surveying process one of the neighbors may change their opinion.
A meeting must be held to discuss and make a common decision. Each participant must be notified of its location and time 30 days before the meeting itself.
In the absence of one of the participants who had information about the meeting, the survey will be considered agreed upon.
Direct surveying is carried out by specialists before the meeting.

If there are no legal grounds for refusal, the owner of a private house can become the owner or tenant of his local area. To do this, you need to collect the necessary documents and contact the local administration. We must not forget that maintaining cleanliness and order behind the fence is your responsibility.

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The article details how many meters from the fence are considered private property. If they have a privately owned house, cottage or dacha, people often have a question about how many meters from the fence can be considered private property.

There is no specific definition in any Law of the Russian Federation which territory can be equated to one’s own outside the fence or fence. When using the concept of local area, the entire area that is directly adjacent to the building can be used by the owners for various construction works, growing all kinds of plantings, or used at their own discretion. However, this space ends with a fence or fencing, after which there is no concept of a local area.

Cleaning the surrounding area how many meters

other buildings - 1 m
medium height - 2 m
trunks of tall trees - 4 m
residential building or house - 3 meters
buildings for keeping small livestock and poultry - 4m
bush - 1 m

Also, when planning a site, it is advisable to know not only at what distance from the fence you can build, but also how far apart the buildings should be from each other.

Here is a table: This table shows the distances between buildings.

What is considered a local area and how to care for it

It is prohibited to burn fires, litter, erect poles, hang road signs, or litter it. Important! There is the possibility of privatizing the land or concluding a lease agreement for its area. For private houses, the local area is owned by the municipality. The homeowner has the right to register it as his property.

To do this, you will need to collect a set of documents and submit it to local authorities.

As a rule, the state cooperates and carries out privatization of land. However, there are exceptions in which transfer to ownership is impossible:

there may be a significant reduction in public street space;
the land contains important public communications;
the land is an object of cultural and historical heritage;
it is privately owned by other people.

If it is impossible to transfer the area into private ownership

Dimensions of the local area of a private house

Private houses are located on territory that is most often owned. This land is a plot in respect of which the owner can exercise any rights. The question often arises as to how big the area around the house can be and whether it can be fenced off from adjacent areas, and how it is generally permissible to use the area around the house.

Studying regulations

All legal issues related to the use of land plots are regulated by the following regulations:

Civil Code of the Russian Federation.
Land Code of the Russian Federation.
Federal Law “On the State Real Estate Cadastre”.

In order to dispose of a land plot, it is necessary to register it as ownership. This right can be exercised in several ways:

Privatization, i.e. free receipt of ownership of a property from municipal property (a citizen of the Russian Federation can privatize a land plot only once).
By purchasing.
Inheritance by law or by will.

By registering ownership of the land, a person thereby determines the boundaries of his own territory from municipal and other lands. The above-mentioned regulations define the procedure for acquiring land as a property, as well as the basic rules for its land surveying, but none of the documents gives a clear definition of the concept of “domestic territory”.

The local area is not an exclusive attribute of private houses. Apartment buildings also have adjacent plots, and here violations of the use of these plots are much more common than in the private sector.

The Town Planning Code of the Russian Federation does not have a clearly defined meaning of the adjacent plot (shape, area, etc.). However, this regulatory act establishes maximum and minimum values for the adjacent area of apartment buildings.

According to the standards, the minimum area of a house plot is equal to the area of the parameters of the high-rise building itself, which in principle is logical.

This area can be enlarged through the procedure of increasing the local area (very often the need arises due to the lack of parking spaces or children's playgrounds, which can be implemented in the local area).

However, it is prohibited to unilaterally seize land without permission. As a rule, developers independently engage in expanding the territory of new houses during the construction or commissioning stage.

Basic Concepts

First of all, we will define what should be understood by the local area, since this concept is not included in the regulations.

A home area is a plot of land owned by a person, adjacent to the house and used by the owner in his own interests.

Thus, a house plot is a part of a land plot that directly borders the house. The owner of the plot is obliged to maintain the local area, namely:

the surrounding area must be cleared (from snow, leaves, dirt, etc.);
the owner or tenant of the land must ensure the possibility of unhindered passage (passage) to the local area (for rescue vehicles, ambulances, fire departments, etc.);
It is prohibited to install poles or signs on the territory (in some cases it is possible to install signs or additional lamp posts with prior approval);
it is necessary to ensure the safety of communications laid on the territory of the local area (gas, sewerage).

However, the local area can be used, but with restrictions. The owner can plant various shrubs and lay out a lawn. Very often, sand is unloaded onto the local area for a children's playground.

If the sandbox is small, then most likely there will be no complaints. But the territory should not be littered with construction materials and garbage.

In the local area you can install a children's swing, pave asphalt, and make a convenient driveway for cars.

Standards for the use and responsibilities for maintaining the local area can be approved in local regulations. For example, in the rules for improvement of a city or region. Using the example of the private sector, an obligation may be established to mow the grass around the house (the area behind the fence - the local area), and clear snow within a radius of 3-10 meters.

The Code of Administrative Offenses stipulates cases when a fine is imposed on the owners of the territory:

for violation of landscaping rules;
for unauthorized occupation of a land plot if there are foreign objects in the local area for a long time, including building materials, garbage, equipment, etc.

However, these offenses (the fact of commission or failure to fulfill duties) can be challenged in many cases: the local area, if it is not registered, is not someone’s property specifically, therefore the person who is facing a claim for violating the norms of the Code of Administrative Offenses of the Russian Federation can challenge the fact of committing offenses.

Moreover, there are cases when the violation is charged to individuals for well-intentioned “offenses.” For example, owners of private houses plant alleys along the road to protect their area from noise and dust.

This may be regarded by the administration as unauthorized use of the territory, so it is better to first coordinate tree planting with local self-government authorities.

How to measure the area of the local area

The size of the local area can be set by municipal authorities, because this issue is not regulated at the federal level. If we evaluate the adjacent areas, their size does not exceed 2-6 square meters from the installed fence.

In general, to determine the area of a local area, you can be guided by the following list of documents:

Land Code of the Russian Federation.
Civil Code of the Russian Federation.
Town Planning Code.
A registration certificate for the house and a cadastral plan for the land plot.
Federal Law “On the State Real Estate Cadastre”.

To indicate the boundaries of the adjacent plot of an apartment building, you can use the formula (Sn=Sr*Ypz), which is based on data on the area of a residential building (Sr) located on the plot, and the indicator of the land plot (Ypz), which is determined in accordance with SNiP ( data taken into account at the time of construction of the house).

The above formula is not suitable for a private house, so the calculation of a house plot in the private sector looks different. To determine its area, you need the following:

Draw up a plan of the territory of the house indicating the boundaries and located construction sites.
Indicate on the plan the part of the municipal land (domestic area) adjacent to the fence.
Contact local government authorities to register the local area (determining the area of use and the basis for using the land).

Thus, the adjacent plot can be attached to your own plot by carrying out land surveying. Subsequently, the plot is registered either as a property or as a long-term lease.

Land surveying: all about the procedure

In order to accurately establish the boundaries of a land plot, it is necessary to carry out land surveying. If you bought a plot of land as your own or registered a lease, then land surveying has already been carried out in relation to such an object. With regard to the local area, the land surveying procedure is also relevant. In particular, land surveying of the local area can be carried out for the following purposes:

registration of a house plot for rent;
for the purchase of the local area and its subsequent registration as property;
resolving controversial issues regarding the issue of boundaries of neighboring areas.

Land surveying is carried out by BTI; the procedure consists of several stages:

The initiator of land surveying must agree with other land owners whose interests may be affected by land surveying, the very fact of land surveying and its consequences (ideally, consent should be obtained in writing that the person does not object to land surveying and does not lay claim to the declared plot of land).
After obtaining the consent of other persons, the surveying procedure is carried out by BTI specialists on site. Based on the survey results, a report is drawn up.
A package of documents is submitted to the city administration and, if all documents are received in the proper order, the survey is considered successful and the adjacent territory passes to the applicant on the right of ownership or lease.

Marking boundaries: is it possible to install a fence for your territory?

Each plot of land has its own area and a given size, in other words, it is designated in space by boundaries. It is the boundaries of one plot with another that become the most frequent subject of dispute between neighboring owners.

The boundaries of the plot are indicated on the cadastral map; they can be seen in electronic format by downloading the cadastral map via the Internet (you need to enter the plot number). The boundaries of the land plot are also indicated in the cadastral passport of the property.

The law does not establish the minimum size of the local area, so the size of the local area may differ in each territory. To delineate the boundaries of this area, you must do the following:

Draw up a site plan (you can use the cadastral plan, taking it as a basis and add the designation of buildings).
Mark on the plan the boundaries of private property and the boundaries of municipal land, as well as the place where they intersect.
Agree with your neighbors on the right to use the adjacent plot, and then submit an application to government authorities for the right to use the adjacent plot.

If the adjacent area does not belong to the right of ownership, then a person is prohibited from erecting a fence and including it in his personal territory. But after the procedure of land surveying and merging of plots, the local area is recognized as property, which means the owner has the right to dispose of the land at his own discretion.

The adjacent area of an apartment building can also be separated by a fence, however, it will be difficult for the residents themselves to approve such redevelopments; it is much more convenient if the developer took care of solving this issue in advance.

Often there are private parking lots belonging to residents of one or more houses, which are separated by a barrier. If this land is owned or leased by the residents of the house, then any use of the site that is not prohibited by law is permissible.

A properly designed local area can be separated from the roadway by a fence. But it is prohibited to install any fences in the local area if:

They interfere or impede the normal passage of other citizens.
Restrict access to communications.
They pose a threat to the safe movement of citizens or vehicles.

A frequent situation for litigation: shops renting premises on the first floors of a residential building often use the adjacent territory for other purposes and illegally occupy it.

In this case, the owners are left with only a judicial procedure for resolving the dispute (as a rule, a decision is made on the forced elimination of violations).

To file a claim, the owners of the territory must record the fact of violation (take a photo, provide the court with a cadastral plan, land survey act, etc.).

A house plot can become part of the territory of a private house only after the land surveying procedure has been carried out and registration of ownership or lease has taken place. If there are no important communications on the site, then it can be fenced off from the adjacent territory, while the use of the site is allowed.

Lawful use means the exploitation of the local area for the purposes of the owner (tenant), without violating the rights of other persons and the requirements of the law. The area around the house can be improved, for example, laying asphalt, laying out a lawn, or installing a playground.

As a rule, a plot designated as a local area cannot be larger than 2-6 square meters, but the law does not establish either minimum or maximum boundaries for such a plot.

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How many meters from the fence is considered a local area?

He needs such a territory to maintain his personal real estate and freely run his household. The homeowner can rent this plot, obtain private ownership rights to it, or the plot can be in homeless use.

On the border of this territory, you can, for example, install a fence or fencing, store firewood, etc. The inner part of the land of the owner of a private house, fenced off by a fence, is his property.

The territory located on the outside of the fence is not considered the property of the homeowner and is most often municipal or, in rare cases, no one's. The use of the area located near the fence is claimed by those persons who are able to document and prove their right to ownership (for example, to move a car to a garage or transport various cargoes).

December 24, 2020, 19:10 0 0 All services

What do the laws say about local areas?

Unfortunately, not a single law of the Russian Federation gives a clear definition of the term “domestic territory”. Even if some documents indicate what should be understood as a local area, the presentation style itself is vague and does not provide a person with an exhaustive answer to the question.

If we summarize all the definitions from different sources, we can get the following acceptable interpretation.

The adjacent territory is a piece of land adjacent to a household or apartment building and used at the discretion of the owner.

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.

Who can legally use the land behind the fence? The one who can prove his right to use. For example, if this territory is necessary for vehicle access.

How many meters from the fence is property

A fence is installed along the boundaries of the described area, beyond which the owners have a question: how many meters from the fence is considered private property. Standards for the use of the territory behind the fence, as a rule, vary in each specific region and their meaning must be clarified with local municipal authorities. Typically, for private property, the local area extends to a distance of about one and a half to two meters from the existing fence.

Thus, this imposes on homeowners certain responsibilities prescribed by local authorities, namely: Cleaning the area outside the fence (getting rid of existing garbage, clearing snow drifts in winter, and removing leaves, branches and other contaminants in autumn and summer) Monitor the integrity and safety of existing underground and above-ground communications, if any, in a given location

How many meters from the fence is considered private property?

The latter must be endorsed by the BTI. To register, you should first contact your local authorities. There you need to fill out an application.

Such approval is carried out in the form of a meeting of persons who are interested in such land surveying, or as an individual agreement with the interested party. Notice of such a meeting to survey the local area of a private home must be served, sent, or published at least 30 days before the meeting.

Distance from the fence to the road for a private house in a village: SNiP standards

Owners of private houses, when constructing any structure, must be guided by the requirements of SNiP. But the distance from the road to the fence is not regulated there. Therefore, controversial situations often arise regarding the construction of facilities.

Fence next to the road

What standards apply, what should be the distance between the fence and the road? Answers to these questions can be found in local governments. The owner who has formalized his territorial rights can be calm.

The rules that determine the distance between buildings, green spaces, etc. must also be observed. But cases of land squatting (including the area from the fence to the road) are very common in life. There are various rules that regulate such issues.

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Rules and regulations

The required parameters are specified in documents such as:

SNiP.
Land Code.
Standards adopted in dacha cooperatives and partnerships.
Standards for legalizing plots (in villages, cities).
Legislative acts on rules and regulations in construction.

Land Code

Only after reading these documents can you make a decision on the location of the enclosing structure. Based on this, the master plan is approved. The master plan determines how far from the fence and from the house to the road to retreat, reflecting the red lines of driveways and the boundaries of your site.

General plan with plot boundaries linked to the red lines of the road

In terms of site boundaries, there are references to nearby objects or GPS coordinates that indicate the edges of your land.

Standard plan with reference to GPS coordinates

Fencing structures are made from a variety of building materials. These are wood, metal, brick, stone and others. They come in various lengths and heights. To avoid a conflict situation with neighbors or local authorities due to the erected fence, it is necessary to check the dimensions for compliance with SNiP.

The area behind the fence of a private house

Shihany Is there a concept of a local area behind the fence of a private house.

lawyer Ligostaeva Antonina Vasilievna, Shikhany Is there a concept of a local area behind the fence of a private house - yes, of course.

This is the area you have to keep an eye on.

Andrey, Khoiniki What type of territory is the territory behind the fence of a private house?

lawyer Magonov Valery Aleksandrovich,

Khoiniki to private territory Anya, Saratov We live in a private sector and our neighbor across the fence installed video surveillance of our house within and outside the territory. We did not give our consent.

How to determine the boundaries of the land adjacent to the house? Should the management company really maintain or be held responsible for inadequate maintenance of the site?” Numerous problems related to the maintenance of a land plot adjacent to an apartment building (adjacent territory) raise various questions among homeowners. What belongs to the local area, what are its boundaries, who is responsible for the proper condition of the local area and who should be punished for poor maintenance - these are the most pressing questions. Let us recall that the local area is a plot of land that is assigned to an apartment building (or several houses).

We recommend reading: Documents for benefits for children under 18 years of age

This is an unshakable rule, which is inherent in both private or public small apartment buildings, and high-rise buildings. The priority is always a capital residential building, properly decorated. and the land plot is added to the house naturally.

How many meters from the fence do you need to clear the area?

Cleaning the surrounding area how many meters

What is considered a local area and how to care for it