What applies to improvement objects?

Landscaping - in every yard

“I would like to see the activity of young people, improvement is a common cause,” says Yuri Ivanovich Lesnikov. “In this sense, we can and should take an example from older people - they are not indifferent to what is happening in their home, how it is changing, and what will be done in the future.”

Simultaneously with the work in the courtyards of the railway workers' quarter, road equipment also came to another residential neighborhood. On 50 Let Oktyabrya Street, the areas of houses No. 98 and No. 100 will be renovated. The courtyard areas here are small - just over 600 square meters each, and the scope of landscaping is standard. Repairing pedestrian and entrance paths, paving the courtyard driveway, updating benches and trash cans.

The chairman of the council of building No. 98, Lidiya Alekseevna Alyatina, says that for residents such changes are long-awaited and pleasant. “There is still a lot of work, but we can already see how the yard is changing and transforming. Of course, high-quality asphalt is the basis. Now, we hope there will be no puddles on the road or at the entrances during the rainy season. We are already landscaping the area, planting flower beds, planting trees and ornamental shrubs. Perhaps we will plant fruit trees,” the chairman shares his plans. — As you can see, our territory is small, but there are many caring people. Residents Lyudmila Georgievna Shchelochkova, Lidiya Petrovna Popova, Lyudmila Sergeevna Litash and others provide great assistance in landscaping the yard. Our irreplaceable assistant is member of the public chamber Lyubov Vasilyevna Aparina, she cares deeply about every yard. I’m sure that together we will make our yard cozy.”

LISTEN

TO THE OPINION OF RESIDENTS

The project “Formation of a Comfortable Urban Environment” gave residents the opportunity to independently set priorities and determine what needs to be done in the local area first.

“Meetings were held in every apartment building, people expressed their opinions and made proposals. Those houses where the residents turned out to be the most active, agreed on the scope of work, submitted applications on time, become participants in the project first,” Sergei Gennadievich Fedyukin, head of the architecture and urban planning department of the city district administration, told the newspaper. “The opinion of residents is a priority for us, we will definitely coordinate all the nuances with them. Control over the implementation of improvement activities is comprehensive. This work is led by a specialist from the Department of Architecture and Urban Planning, who is in constant interaction with the senior staff of apartment buildings.”

As Sergei Gennadievich reported, work under the program is carried out by one contractor. At each entrance of the houses participating in the project there is information with contact numbers: the customer - the city district administration and the contractor - the organization carrying out the improvement. The completion date for the work under the contract is September 1, but the Department of Architecture and Urban Planning expects that the renovation of the surrounding areas will be completed earlier.

Features of managing the improvement of the municipal territory

– a large system, since with the socio-economic development of the improvement complex, it is certainly possible that qualities and structures will appear that are difficult or even impossible to foresee.

The activities of local government bodies involve holding special events and solving specific problems. The main tasks of improvement include:

– attracting investment in infrastructure, housing construction and utilities;

– anticipating and preventing the negative social consequences of the city’s property and social stratification;

– organization of land relations and rules of real estate turnover;

– systematic control of the environmental situation in the populated area.

The system of improvement and landscaping of a municipality is a system of decision-making focused on environmental, socio-economic, architectural, planning and engineering solutions for the territory of the municipality.

According to Federal Law No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” dated October 6, 2003 (Articles 14–16), issues of local importance include:

– organization of improvement, landscaping of the territory of settlements, protection, conservation, reproduction and use of urban forests and specially protected natural areas that are located within the boundaries of settlements;

– creation of favorable conditions for mass recreation of residents of populated areas, as well as arrangement of places for mass recreation of citizens;

– organizing the installation of signs with street names and house numbers, as well as street lighting;

– organization of collection and removal of garbage and household waste.

The main types of activities of local governments in the field of improvement include: forecasting, design, programming.

Forecasting activities in the field of improvement mean the result of a comprehensive assessment of the urban planning and environmental situation, analysis of economic, construction, engineering, sanitary, hygienic and social conditions and identification of trends in the development of the city territory using the method of scientifically based foresight. The general goal of forecasting is to create the necessary information base for making long-term urban planning decisions, as well as the development of these decisions in the form of models, strategies, and options. Forecasting is a means of obtaining the necessary general idea of the desired or possible paths and parameters of development. Local governments ensure the development of short-term, medium-term and long-term urban planning forecasts.

Where to start?

Now that it has become clear what the concept itself includes, it is necessary to identify the stages of work on landscaping the territory.

Design. Any engineering work must include initial design. At this stage, it is necessary to indicate what work will be carried out on the site, determine the materials necessary for this, carry out preliminary measurements, etc.;
Marking. During site marking, the data specified in the project is checked;
Site preparation. At this stage, it is necessary to take care of clearing the area of unnecessary buildings, trees, and shrubs;
Installation of communications. After preparing the territory, it is necessary to take care of the water supply, electrical networks, drainage systems, sewerage and other engineering systems that will become necessary during the operation of this territory;
The next stage includes the construction of structures, the creation of paths, the installation of fences, gazebos, benches, and children's entertainment complexes;
The last stage is landscaping the area, planting a lawn, trees, and flower beds.

Landscaping is a multifaceted and diverse process that includes other important elements. You can read about how to properly lay a water supply here. Read about the rules for building communication networks in this section.

Everyone has their own technology for landscaping the territory, but any work must include careful development of its stages. An excellent result is impossible without quality preparatory work. Typically, a set of measures to improve areas is assigned to a territory improvement LLC. Organizations involved in this work draw up projects, explore the area, assess the condition of the soil, determine the weight of buildings that can be placed in a given area, make sketches and submit them for the customer’s approval. It is very difficult to independently carry out such an analysis of territory improvement. It’s another matter if superficial improvement of a small area is envisaged, when the work can be performed by a person who has not previously encountered such work.

If the land plot has a large area and it is necessary to place heavy and massive buildings on it, you must contact construction and landscaping companies.

Asphalting is also included in the list of landscaping works. It is also better to entrust this work to specialists, since mistakes made during road construction can have a detrimental effect on the result. Landscaping and road construction in particular are mainly carried out on behalf of large firms or organizations. These services also include laying paving slabs. In private houses, the owners themselves often prefer to do this work, but such masonry does not always last long.

Before you begin independent work on constructing sidewalks, roads and outdoor areas, you should familiarize yourself with the principles, rules and nuances relating to this activity.

Improvement

Question: what is the procedure for sanitary pruning (crowning) of trees?

On the issue of crowning trees and pruning shrubs, it is necessary to contact the management organization and administration of the municipality, since in accordance with Federal Law No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”, the organization of landscaping of the territory of the settlement, including the determination of the order of maintenance green spaces falls within the competence of local governments.

Administrative liability for failure to carry out work on sanitary pruning of trees is not provided for by the Law of the Moscow Region dated 05/04/2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offences”.

Question: who issues permission to cut down trees?

In accordance with Part 2 of Art. 42 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On improvement in the Moscow Region,” cutting down trees and shrubs on settlement lands is carried out only on the basis of a permit issued in the prescribed manner by a local government body.

Question: What types of covering should a children's playground be equipped with?

In accordance with Part 11 of Art. 12 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On improvement in the Moscow Region” on the playground, the location of play equipment and other places associated with the possible fall of children are equipped with soft types of covering (sand, compacted sand on a soil base or gravel chips, soft rubber or soft synthetic). The installation sites for benches are equipped with hard surfaces or foundations. When the grounds are covered with grass, pedestrian paths are provided to equipment with hard, soft or combined types of surface.

Question: about organizing the collection and removal of garbage.

Budgets at various levels do not provide funds for waste removal from individuals and legal entities. In accordance with Part 1, Part 4 of Article 57 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On Improvement in the Moscow Region”, legal entities (individual entrepreneurs) operating in the territory of the Moscow Region, and individuals persons are required to enter into agreements for waste removal with contract waste removal organizations and individuals who have contractual relations with organizations involved in the removal, disposal and disposal of waste, in accordance with the average annual waste accumulation standards approved by the Government of the Moscow Region. In private housing, contracts for waste removal and disposal are concluded by the owners (copyright holders) of residential buildings.

In accordance with paragraph 2 of Art. 6.21 of the Law of the Moscow Region dated May 4, 2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offences”, the absence of a waste removal agreement entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; for officials - fifty thousand rubles; for legal entities – three hundred thousand rubles.

Question: About the placement of vehicles on children's playgrounds, sports grounds, lawns, areas with green spaces and sidewalks.

Clause 3 Art. 6.19. and art. 6.22. Law of the Moscow Region dated 05/04/2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offenses” provides for administrative liability for the placement of vehicles, including abandoned and (or) dismantled ones, on children's, playgrounds and sports grounds, lawns and flower beds , areas with green spaces.

Officials of the State Technical Supervision Service of the Moscow Region are authorized to draw up protocols on these violations.

Administrative responsibility for placing vehicles on hard-surfaced areas is not established by the above Law.

Responsibility for violating the rules of stopping or parking vehicles, including on sidewalks, is provided for in Article 12.19 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Administrative Offenses Code of the Russian Federation).

Consideration of cases of administrative offenses provided for in the above article, in accordance with clause 5, part 2, article 23.3 of the Code of Administrative Offenses, falls within the competence of internal affairs bodies (police).

Question: About installing fences.

According to paragraph 2 of Art. 27 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On improvement in the Moscow Region”, the construction or installation of fences on the territory of municipalities is carried out in agreement with the local government body of the relevant municipality.

Unauthorized installation of fences is not permitted.

For failure to comply with the specified requirements of paragraph 3 of Art. 6.18 of the Law of the Moscow Region dated May 4, 2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offenses” provides for administrative liability.

Question: About installing fences to prevent people from driving onto lawns and areas with green spaces.

According to paragraph 5 of Art. 27 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On landscaping in the Moscow Region”, protective metal fences are installed in places where lawns and flower beds adjoin driveways, parking lots, and in places where cars may collide with the lawn, flower beds and green spaces. .

This norm is advisory in nature. For the absence of barriers preventing entry onto sidewalks, lawns and areas with green spaces, the Law of the Moscow Region dated 05/04/2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offenses” does not provide for administrative liability.

The installation of lawn and sidewalk fences on the territory of municipalities should be carried out based on the need formed by the conditions of operation or protection of the territories, in agreement with the local government body.

Question: About the poor condition of the road surface (potholes, potholes).

Road maintenance is the responsibility of road owners under current legislation.

Supervision over compliance with road safety requirements during the repair and maintenance of roads is provided for in Article 12.34 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Administrative Offenses Code of the Russian Federation).

Consideration of cases of administrative offenses provided for in the above article, in accordance with clause 5, part 2, article 23.3 of the Code of Administrative Offenses of the Russian Federation, falls within the competence of internal affairs bodies (police).

Question: About the improper maintenance of roads (failure to clean up debris and dust, and remove debris from the surrounding area).

Supervision over the timely cleaning of roads and rights-of-way is carried out by the State Technical Supervision Service of the Moscow Region.

For improper maintenance of roads, right-of-way, sidewalks, clause 1 of Art. 6.7 of the Law of the Moscow Region dated May 4, 2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offenses” provides for administrative liability in the form of a fine.

Question: About the maintenance of the territory adjacent to private households.

In accordance with Part 3 of Art. 68 of the Law of the Moscow Region dated December 30, 2014 No. 191/2014-OZ “On improvement in the Moscow Region”, responsibilities for the maintenance of private households, outbuildings and structures, fences and five meters, if the distance of the adjacent territory is not set at a larger size, are assigned to the owners , owners or users of the specified objects.

For improper condition and maintenance of the adjacent territory Art. 6.1 of the Law of the Moscow Region dated May 4, 2016 No. 37/2016-OZ “Code of the Moscow Region on Administrative Offenses” provides for administrative liability in the form of a fine.

Who is responsible for the local area of an apartment building?

Each building has a management company or Homeowners' Association. These organizations are required to monitor the common areas of the apartment building, as well as the surrounding area. The decision to improve the local area of the apartment building is made by the owners at a general meeting by a majority vote. When landscaping, it is very important to comply with the norms and rules established by regional authorities.

Ways to organize the management of an apartment building:

management directly by premises owners;
management organization
Homeowners' association or cooperative (HOA, housing cooperative, etc.)

The minimum list of services for landscaping the local area, approved by the government (Decree No. 491 of 08/13/2006):

checking and cleaning the roof and drainage systems from debris, dirt, snow and ice;
restoration and painting of facades;
checking and, if necessary, restoring pedestrian paths;
monitoring the condition of electrical appliances, entrance lighting, lighting, etc.;
cleaning manhole covers of wells and fire hydrants from snow and ice;
removing snow and ice from the local area;
cleaning garbage bins installed near entrances and washing them;
cleaning before entering the entrance;
sweeping and cleaning the local area;
cleaning and mowing lawns;
storm drain cleaning;
work on the organization and maintenance of waste sites;
If any damage or violations are identified, a restoration plan will be developed.

Work on landscaping and improvement of the territory of the apartment building

Work on landscaping and landscaping of an apartment building must be carried out at certain intervals. Caring for the landscaping and landscaping elements of an apartment building located in the local area is the responsibility of the management company, which is part of the common property. At the request of the owners, additional landscaping of the local area can be carried out, the main thing is that it meets the requirements of GOST, norms and rules of landscaping.

What applies to the local area of an apartment building according to the law?

Decree of the Government of the Russian Federation dated April 3, 2013 N 290 approved the minimum list of works for the proper maintenance of common property in an apartment building.

In accordance with paragraph 24 of this list, the adjacent territory of an apartment building is the land plot on which the apartment building is located, with elements of landscaping and landscaping, and other objects intended for the maintenance and operation of the house. In Article 1 (paragraphs 36-38) of the Town Planning Code of the Russian Federation there is a similar concept - adjacent territory, as well as the concept of territory improvement.

The adjacent territory is a public area. Its boundaries and dimensions depend on many factors: the number of storeys of the building, the density of buildings, the location of nearby roads, schools, hospitals, etc., so there is no clear concept of the boundaries of the local area.

If the land under an apartment building is registered in the cadastral register (registered in the Unified State Register of Real Estate), then these boundaries are determined by land surveying and are displayed on a public cadastral map. (You can learn about the specifics of preparing a multi-family residential land surveying project in 2020 from a separate article at the link.)

In accordance with Art. 36 of the Housing Code of the Russian Federation, the land plot on which the apartment building is located and the boundaries of which are defined in the Unified State Register of Real Estate is included in the common property. The same concept is duplicated by the Rules for the maintenance of common property, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (as amended on November 23, 2019).