How to remove a children's playground from the local area. Who owns the adjacent territory of apartment buildings? Borders and area

25.05.2022

"One man's freedom ends there,

where the freedom of another begins.”

M. Bakunin.

In our time of crisis, almost every family has its own car, or even two, so parking issues, if you live in an apartment building, are more pressing than ever. If in an old residential building apartment buildings There are still not so many cars from 30-40 years ago, but in new buildings, which are populated mainly by the younger generation, there are an order of magnitude more of them. And the problem of parking, especially in large cities, is very acute. After all, there are also not enough garages within walking distance due to the density of buildings as a result of saving space. Residents of apartment buildings in the vast majority park their cars in the courtyard of their house, their own or a neighboring one, depending on your luck.

It's only in last years requirements of urban planning legislation began to oblige developers to provide the required number parking spaces and other elements of infrastructure and improvement. But legislative changes still do not keep up with the realities of our lives, and urban planning standards often underestimated.

So, as a result of “wars for parking spaces,” various decisions of owners adopted at general meetings arise, which provide for the installation of barriers at the entrance to their yard, as well as locked parking in the courtyards of houses and others - no less controversial from the point of view of housing legislation. And some owners settle down in the courtyard of their apartment building without any decision of the general meeting. We will consider how legitimate such decisions and actions of owners are in this article.

In accordance with Part 1 of Art. 16 Federal Law “On the entry into force of the Housing Code of the Russian Federation” in the existing development of settlements, a plot of land on which an apartment building and other objects included in such a building are located real estate, is the common shared property of the owners of premises in an apartment building.

According to Art. 36 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) to common propertyapartment building applies, among other things, the plot of land on which this house is located, with elements of landscaping and landscaping, other objects intended for the maintenance, operation and improvement of this house, and objects located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of the land legislation And legislation about urban planning activities.

Clause 2 of Art. 36 of the Housing Code of the Russian Federation provides that the owners of premises in an apartment building own, use and within the limits established by the Housing Code and civil legislation manage common property in an apartment building.

In accordance with clause 1 Art. 247 Civil Code RF (hereinafter referred to as the Civil Code of the Russian Federation) possession and use of property located in shared ownership, are carried out by agreement of all its participants, and if agreement is not reached - in the manner established by the court.

However, owners have the right to use their share in common property, including a land plot, only jointly, making decisions on this at the general meeting owners of apartment building premises, that is, in the manner established by housing legislation.

In paragraph 5 of Art. 36 of the Housing Code of the Russian Federation states that the land plot on which an apartment building is located may be encumbered with the right of limited use by others. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the entry into force of the Housing Code. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building.

Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.

Rules for the improvement of municipalities and regulatory legal acts of the constituent entities of the Federation also for the most part contain rules on the procedure for maintaining and using local areas, including the organization of parking and their approval. Very often the boundaries of land MKD section .

In accordance with Article 44 of the Housing Code of the Russian Federation, the competence of the general meeting of premises owners (GMS) of MKD 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;

on the improvement of the land plot on which the apartment building is located and which relates to the common property of the owners of premises in an apartment building, including about placement, maintenance and operation landscaping elements and landscaping on the specified land plot.

The owners often interpret these powers of the general meeting in a very unique way and this is reflected in the “strange” minutes of the general meetings. And some owners don’t even need the decisions of the meeting; they simply arrange parking spaces for themselves in the local area, regardless of the opinions of other owners and the norms of the law. But, as usual, we obtain the interpretation of legal norms as a result of established judicial practice on the application of these norms, which is sometimes polar opposite.

IN review of the judicial practice of the Supreme Court Russian Federation № 1 (2018), approved by the Presidium of the Supreme Court of the Russian Federation on March 28, 2018, the following conclusion was made: the general meeting of car owners of an apartment building does not belong to the bodies authorized to make decisions on limiting the rights of premises owners to use the local area in order to place their cars on it.

The crux of the matter is this:: at a general meeting of members of the housing cooperative with the participation of the applicant (S.), it was decided to create a parking lot for vehicles with the installation of a barrier at the entrance to the courtyard area. S. received a key fob from the barrier and subsequently a parking space was assigned to her.

Further, after some time, at a meeting of car owners on the issue of organizing parking spaces and landscaping the local area, it was decided to deprive S. of the opportunity to park a car belonging to the plaintiff in a fenced local area for violating the parking rules approved at the general meeting of car owners, and for violating the regulations on the procedure for entry and parking of vehicles, return the previously paid cash, her an initial fee.

The Supreme Court of the Russian Federation overturned all decisions of lower courts taken not in favor of the owner, who was deprived of the right to use the local area (according to the decision of the general meeting), considering them adopted in violation of the norms of current legislation, while explaining the following:

“... Paragraph 67 of the joint resolution of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court dated April 29, 2010 No. 10/22 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”, it is determined that if a land plot is not formed and state cadastral registration has not been carried out in relation to it, the land under an apartment building is owned by the corresponding public legal entity. Owners of premises in an apartment building have the right to own and use this land plot to the extent necessary for their operation of the apartment building, as well as the objects included in common property in such a house. When determining the limits of the powers of the owners of premises in an apartment building to own and use the specified land plot, it is necessary to be guided byPart 1 Art. 36Housing complex of the Russian Federation.

In these cases, the owners of premises in an apartment building as the legal owners of the land plot on which the house is located and which is necessary for its operation, by virtue of the provisionsArt. 304 - 305 The Civil Code of the Russian Federation has the right to demand the elimination of any violations of their rights, even if these violations were not associated with deprivation of possession, as well as the right to protect their possession.

According toPart 2 Art. 36Housing complexes of the Russian Federation, owners of premises in an apartment building own, use and in the conditions established by thiscodeand within the limits of civil legislation, dispose of common property in an apartment building.

INPart 4 Art. 37The Housing Code of the Russian Federation prohibits the allocation in kind and alienation of a share in the right of ownership of common property in an apartment building, as well as the commission of other actions entailing the transfer of this share separately from the right of ownership of premises in an apartment building.

Thus, The owner of premises in an apartment building has an unconditional and inalienable right to use the common property of the apartment building. At the same time, any methods of restricting or depriving the owner of a premises in an apartment building of such a right are not provided for by the current legislation.

... The court, recognizing the restriction of S.’s right to use a parking lot located on the local territory of an apartment building, regulated by the Regulations on the procedure for entry and parking of vehicles on the local territory, approved by the general meeting of members of the housing cooperative on June 14, 2013, and corresponding to the requirements of the Moscow Government Decree No. 428-PP, did not take into account that this resolution does not regulate the creation and procedure for using parking spaces in a fenced local area, and therefore, the imposition of any restrictions on the right of S., as the owner of premises in an apartment building, to use the local area, in including the placement of a car belonging to her on it.

Clause 13 of PPM No. 428-PP prohibits the installation and operation of fencing devices that prevent or restrict the passage of pedestrians and the passage of vehicles into public areas.

S.’s right to unhindered entry into the fenced area of a part of the yard of an apartment building during the day, as the owner of a residential premises in this building, is also secured by the Regulations on the procedure for entry and parking of vehicles in the local area, approved by the general meeting of members of the housing cooperative.

In such circumstances, the court’s reference to the fact that the decision of the general meeting of car owners served as a legal basis for restricting the plaintiff’s right to use a parking space that is in common use by the owners of the premises of an apartment building contradicts the above rules of substantive law.”

In another case, some owners arranged parking spaces directly under the windows of the apartments, which outraged other owners of apartment buildings. The court sided with the indignant residents and recognized that they were right in their unwillingness to put up with the wishes of individual owners who decided to arbitrarily arrange a parking lot for themselves.

By the decision of the Aleksinsky City Court Tula region dated November 24, 2013 in case No. 2-1501/13 The plaintiff's demands were satisfied and the court ordered the unauthorized parking organizers to return the local area to its original condition.

“...According to paragraphs. “f” and “g” clause 2 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, the common property includes the land plot on which the apartment building is located and the boundaries of which are determined on the basis of state cadastral data accounting, with elements of landscaping and improvement, as well as other objects intended for the maintenance, operation and improvement of this house.

Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court, paragraph 1Art. 247 Civil Code of the Russian Federation).

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, falls within the competence of the general meeting of owners of premises in the apartment building (clause 2, part 2Art. 44 Residential Complex of the Russian Federation). These decisions are binding on all owners of premises in an apartment building, including those who did not participate in the vote (Part 5Art. 46 Residential Complex of the Russian Federation).

According to paragraph 67 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights,” if the land plot is not has been formed and state cadastral registration has not been carried out in respect of it, the land under the apartment building is owned by the corresponding public legal entity.

At the same time, within the meaning of parts 3 and 4 of Article 16 of the Introductory Law, the owner does not have the right to dispose of this land in the part in which a land plot for an apartment building should be formed. In turn, the owners of premises in an apartment building have the right to own and use this land plot to the extent necessary for their operation of the apartment building, as well as the objects that are part of the common property in such a building. When determining the limits of the powers of the owners of premises in an apartment building to own and use the specified land plot, it is necessary to be guided by Part 1Article 36 of the RF Housing Code.

The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the apartment building.

Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction.

By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities.

... From the inspection report of the local area... dated December 18, 2013, approved by the resolution of the head of the administration of the Aleksinsky district municipality... dated December 18, 2013, it follows that the above house is included in the list of dilapidated residential buildings, the land plot is not demarcated. This house is located on part of a land plot with an area of 4743 sq.m. with cadastral number ... with permitted use: for multi-storey (residential) development.

By the decision of the Meeting of Deputies of the municipality... dated June 29, 2006 No. ... the “Rules for the improvement and maintenance of the territory of the municipality...” were approved.

By virtue of Art. 4 of the Rules - carrying out work to improve the territory of an urban settlement is permitted only on projects agreed upon with the architectural authorities in the prescribed manner.

Forbidden:

to unauthorizedly build various kinds of outbuildings and auxiliary buildings, sheds, garages, dovecotes, greenhouses, etc. in the courtyards of houses without permission from the administration... (Article 10.19 of the Rules);

travel, stand and park vehicles in undesignated places (on lawns, in squares, on sidewalks, children's and sports grounds);

carry out travel, parking, parking of cars and trucks through cultivated and sown fields and dirt roads, not authorized for travel (Art. 10.29., 10.30. Rules).

...In accordance with table 7.1.1 SanPiN 2.2.1/2.1.1.1200-03 (new edition) “Sanitary protection zones and sanitary classification of enterprises, structures and other objects”, the distance from the facades of residential buildings and the ends of houses with windows, the ends of residential buildings houses without windows when placing a parking lot for 1 car space or less should be at least 10 meters.

The court in the case established that the defendants made an unauthorized arrangement of parking spaces for vehicles (with damage to the top layer of soil and backfilling with crushed stone and curb stones) on the adjacent territory from the end side... at a distance of 50 cm from the facade of the residential building. The allocation of land for the creation of a parking lot by the administration of the municipality... has not been made. These circumstances are also confirmed by the photographs submitted to the case materials by the plaintiff and defendants (case sheets 49-59).

In addition, there was a violation of the Rules on Improvement in... (Article 4, Article 10.19), requirements of SanPiN 2.2.1/2.1.1.1200-03.

According to paragraphs 1 and 2Art. 222 Civil Code of the Russian FederationAn unauthorized building is subject to demolition, that is, a residential building, other building, structure or other real estate created on a land plot not allocated for these purposes in the manner established by law and other legal acts, or created without obtaining the necessary permits or with significant violation of urban planning and building codes and rules. An unauthorized construction is subject to demolition by the person who carried it out or at his expense.

The evidence presented in the case confirms the violation of the plaintiff’s rights in terms of the unauthorized arrangement of parking spaces for vehicles and the demands regarding its liquidation by bringing it to its original condition, removing curb stones and crushed stone, are subject to satisfaction.”

In another legal dispute management organization, in this case, the HOA, limited the owner’s use of the adjacent territory of the apartment building, blocking the key fob from the barrier installed at the entrance to it. The owner had to seek justice all the way to the Supreme Court, which overturned the decisions of the courts of first and second instance.

Determination of the Investigative Committee for civil cases of the Supreme Court of the Russian Federation dated November 14, 2017 No. 78-KG17-80:

“Thus, the decision of the Nevsky Meridian HOA on the issue of prohibiting the plaintiff from entering the local area contradicts the current legislation, since it violates the rights and legitimate interests of A.N. Polenov. as the owner of premises in an apartment building to have unhindered access to common property, as well as the possibility of parking your vehicle at any time of the day in any free place in the local area.

The current legislation does not provide for the possibility of blocking the owner’s access to the local area on the basis of a decision of the general meeting of owners of the premises of a residential building as a sanction for violating the procedure for using the land plot established by the meeting.

The fact that the “Procedure for the use of a land plot”, approved by the decision of the general meeting of owners of an apartment building dated June 9, 2013, was not declared invalid, is not an absolute basis for its application.

When considering a dispute, the courts should have been guided by Part 2 of Article 11 of the Civil Procedure Code of the Russian Federation, according to which the court, having established when resolving a civil case that a normative legal act does not correspond to a normative legal act that has a greater legal force, applies the provisions of the act having the greatest legal force.

At the same time, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation notes that the above legal norm is subject to application not only to regulatory legal acts adopted by public authorities, but also to local regulations, which includes the “Procedure for the use of a land plot”, approved by the decision of the general meeting of owners of an apartment building dated June 9, 2013.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds that the violations of substantive law committed during the consideration of the case by the court of appeal are significant, they influenced the outcome of the case and without their elimination it is impossible to restore and protect the violated rights, freedoms and legitimate interests of Polenova A.N. ., in connection with which the appeal ruling of the judicial panel for civil cases of the St. Petersburg City Court dated January 23, 2017 is subject to cancellation and the case is sent for a new trial to the court of appeal.”

Thus, the restriction of the rights of owners of apartment buildings in the form of failure to provide access to the local area (even if the decision of the OSS, which adopted a local act for apartment buildings, is not challenged and the barrier is installed legally), as well as actions for the unauthorized placement of parking lots, are recognized by the Supreme Court and other courts as unlawful .

It is a pity that the owners have to defend their rights to use their own courtyard of an apartment building in the courts, right up to the Supreme Court. After all, it is much easier for everyone, including owners of apartment building premises, management organizations and even some judges, to comply with the laws, without forgetting the priority of applying laws that have greater legal force.

And also remember when performing actions the phrase written as the epigraph of this article. It is usually used as a slogan for a correct society, but with the caveat that “freedom is not permissiveness.” And permissiveness always leads to conflicts of interest, which, of course, is positive for lawyers, since they will not be left without work, but it brings additional negativity into our lives, of which there is already plenty in it...

Sincerely, Ilmira Nosik.

All citizens living in an apartment building have the right to privatize the land plot around the property and exploit it at their own discretion. Registration of ownership of the local area has its advantages and disadvantages. So, let's take a closer look at what a local area is, how this land plot is privatized, what are the pros and cons of the privatization of a local area.

Local area an apartment building is the common property of all residents of the property, which is assigned to the city municipal service.

Main legislative act, containing a description of this concept and a list of structures related to this territory, is Article 36 of the Housing Code of the Russian Federation.

According to this provision, the local area is considered to be:

playgrounds;
stadiums;
through passages;
garages and parking lots;
pedestrian paths;
green areas;
transformer, distribution, heating booths and points.

All these areas are intended to improve the living conditions of apartment owners, and therefore their operation also falls under the rights and obligations specified in the Housing Code of the Russian Federation.

Who is the owner?

Many citizens believe that the local area belongs to the state and they have no right to dispose of this land.

Article 16 of the RF Housing Code and Federal Law No. 189 states that:

The land plot around a multi-storey building, as well as buildings and structures built on this territory, can be transferred into single/shared ownership of citizens.
Registration of the adjacent territory of an apartment building as property can be carried out by both the HOA and each apartment owner personally.

Attention! If during construction residential complex, the local administration has not allocated the adjacent area, then property owners can contact the national or regional administration and write an application with a request to separate the land for owning a house.

Area of the local area

In addition to objects related to the local area, the Housing Code of the Russian Federation also specifies provisions regarding how the boundaries of the adjacent territory of an apartment building are determined.

Upon completion of construction, the developer company, as a rule, registers only the property itself with the cadastral service. Registration of the local area is most often carried out by the management of the HOA. To do this, you need to mark the boundaries, and then record this data in Cadastral Chamber.

Important! If the adjacent area is not separated, then the developer will be able to begin construction of a new building close to the already completed structure, thereby reducing the area adjacent to it several times.

Main regulatory documents, defining the procedure for calculating the local area, are the Housing Code of the Russian Federation (Article 16), Town Planning Code(Article 43.4), Order of the Ministry of Land Construction of the Russian Federation No. 59 (SP 30-101-98).

Registration into collective property

Many citizens living in an apartment building simply find out that such a territory has been designated by the local administration and calm down at that.

However, it is necessary to understand that until the privatization of the adjacent territory in an apartment building is completed, local government will manage it.

They have the right to sell land plots to individuals and legal entities and rent them out under an agreement social hiring etc.

Attention! The lack of privatization of the local area is fraught with the risk that after some time a store or supermarket may appear on the territory where there were alleys or a playground for children.

The registration procedure consists of the following steps:

Meeting of residents of the house.

To carry out privatization of the local area, you need to hold a meeting of apartment owners, collect consent for privatization and record this data in the appropriate act. If the number of votes is less than 50%, then the HOA will not be able to register the adjacent territory as the property of the HOA. The procedure for drawing up a document and signing it is described in detail in PP No. 569.

Preparation of a package of documents.

The next stage is collecting everyone necessary documents. Exists standard package papers, which includes:

statement from a representative of the apartment building;
scheme for distribution of shares between apartment owners;
act on holding a general meeting of all owners;
registration sheet of homeowners who took part in the meeting;
fee protocol;
technical documentation for real estate;
check for payment of state duty.

The above list can be supplemented by local land management staff.

Contacting a land management organization.

During a visit to this government agency, you must hand over all prepared papers to the organization’s employee, and then wait for approval. As a result of studying the submitted papers, an administrative act recognizing the boundaries specified in the project is drawn up and handed over.

Designation of land area.

Maintenance Responsibilities

In the case of registration of land as common property, all responsibility for the improvement of the territory of an apartment building rests with its new owners. In addition to repairing the general area of the house itself (entrances, landings, roof, etc.), the management of the HOA must include the land around the house in the plan.

Important! If the local land is not shown in the passport, then all responsibility for it rests with the local administration. Local government is obliged to carry out renovation work and cleaning the yard, alleys, playgrounds and sports grounds.

All dimensions of the local area are recorded in cadastral passport multi-storey building. It is on the basis of these indicators that the cost of servicing the site is calculated by private organizations.

Owners of local areas are required to provide:

cleaning the area from leaves, snow and debris throughout the year;
creation and maintenance of recreation areas for children, adolescents and adults (children’s and sports grounds, benches and tables);
creating a fence around the house (only if the residents of the house and nearby houses do not mind);
creation and maintenance of parking for cars (it is important to select an area for creating parking so that there is no recreation area for children nearby);
place for placing garbage cans and timely removal of garbage;
creation of lawns, flower beds, areas with trees and bushes;
creation of additional structures, as well as their repair and fencing.

The land located near a residential building, measured by a land management company and recorded in documents, is considered a local area. The status of this land is defined in Article 36 of the RF Housing Code. In addition to the residential building itself, this plot of land may contain structures that are common to all residents living in this yard. Buildings that serve the house can also be installed here.

The responsibility for maintaining order and cleanliness on the site near the house lies entirely with the residents living in multi-storey building, since common areas are for everyone.

The adjacent territory transferred for the use of residents must be subject to a tax, which will depend on the number of apartments and other indicators.

So, the territory around the house includes:

land under the house;
technical structures on the ground designed to provide energy supply to people’s apartments;
green spaces in the form of trees and flowers.

Standards for the total area according to the housing code

Who does it belong to? In order not to make a mistake and to carry out the improvement of the territory belonging to the house correctly, you need to take into account a number of rules established by the state. If we turn to the legislation of the Russian Federation, we can find out that if in the case of private households the adjacent territory is private, that is in apartment buildings this is common property. This norm is enshrined in Article 16 of the Law “On the Enactment of the Housing Code”.

As for the norm for determining the site, that is, what area the land near the house should occupy - this is individual, depending on the house.

Attention! In order to find out how much area the territory near the building occupies, you need to refer to the cadastral plan, formed on the basis of SNiPOV.

In order to request a document, you need to contact the representatives management company.

Each locality has its own rules and regulations regarding the concept of local area, but in many ways the main points are similar. The basic rules are formed in the State Committee Resolution No. 170 of 2003, which reads:

Creation of recreation areas for adults and children.
Carrying out fencing on the territory. At the same time, it is important to take into account the interests of other yards and other owners.
Installation of parking and its arrangement in order to comfortably park a car near a residential building.
Cleaning the area, including sweeping sidewalks and removing snow during the winter season.
Landscaping of the territory. This procedure is carried out with the aim of beautifying the land mass and giving it individuality. Trees and flowers can be planted, with the exception of wild and poisonous plants.
Regular processing of plantings on the site. It includes cutting grass and trees, as well as removing debris from areas.

Yard definition rules

The need to know the territory around the house is due to the fact that all sorts of conflicts often occur on this basis. This could be a situation with the construction of buildings on the territory of residence of the owners of an apartment building or the assignment of responsibilities to the management company for garbage collection or landscaping.

To correctly identify land within the framework of the law, the following documents will be required:

building regulations;
plan for a plot of land;
cadastral plan;
you will need SNiP, which was in force at the time the house was put into operation;
information from cadastral registration.

So, The determination must be made according to the following algorithm of actions:

Who owns it?

The territory located near a residential building belongs equally to all apartment owners, as well as non-residential premises in a high-rise building.

On a note! Sometimes on the territory of the land owned by the residents there are other buildings that are not related to the house, then these objects are not considered the common property of the residents.

This is determined by part one of Article 16 of the Federal Law “On the Introduction of the Housing Code of the Russian Federation” and part one of Article 36 of the Housing Code of the Russian Federation.

If the residents of an apartment building do not devote enough time to the common property and do not hold meetings aimed at improving the land, then buildings are often installed in the courtyard of the house, preventing local residents from walking and be calm in your apartments.

Therefore, owners of a plot of land near a high-rise building should be aware of all upcoming installations and innovations in the yard. Taking action must be timely until the issue can be resolved peacefully. If time is lost, then only the court will help resolve the dispute.

Carrying out land surveying

Carrying out land surveying is a procedure that is not a mandatory action. However, in the event of an emergency, or by decision of the authorities, the area near the house can be transferred for other needs.

Thus, the yard project may include a mini-bakery or paid parking, and maybe other buildings that are not related to the residents. At the same time, homeowners will not receive a penny, but will have to experience a lot of difficulties and discomfort. For this reason, experts recommend taking measurements.

Land surveying opens up prospects for installing the following objects:

house fence;
barrier;
installing a rest area or playground;
plant flowers and vegetable gardens;
install a parking lot;
rent out land.

Attention! Upon completion of the land surveying procedures, a specialized company will issue a document called a cadastral passport.

Cadastral plan

In order to know the boundaries of the territory belonging to an apartment building, you need to contact a cadastral engineer for the appropriate plan. This document must comply with the standards approved local government in the region. The land surveying procedure must be carried out in accordance with the Federal Law “On the State Cadastre”.

At the same time, you need to know that residents must be aware of the work being carried out and actively participate in its creation. This means making adjustments and speaking up while the engineer is working.

After the work is completed, the house and land plot will be registered in the cadastral register.

A sample cadastral plan for the local area of an apartment building can be seen in this photo:

Passport

The results of the surveys carried out are recorded in the cadastral chamber. After receiving the information, residents will receive a cadastral passport, which will reflect the exact plan of the site. After this, residents will have equal rights to the site and can rent out parts of it for various needs.

This issue should be raised at a general meeting of residents. All funds raised from land rental must be spent on utility needs and repairs, as well as landscaping.

Terms of use

Residents of an apartment building must follow the rules of behavior in the local area. Violation of the requirements for being on it may result in a warning from the management company. Repeated and systematic violation will entail administrative sanctions.

The rules are established and edited only by the owners of the premises at a meeting of residents.

Important! The rules established at the meeting, as well as by the management company, are binding on both the owner of the premises and the tenants.

In addition, the owner’s relatives, as well as service personnel and other persons coming to the yard, must comply with the established procedures.

Is it possible to wash a car in the yard?

Washing a car becomes a familiar ritual for its owners, after which the iron horse sparkles with cleanliness. This is not only aesthetically pleasing, but also useful, since harmful bacteria are washed away with special solutions.

Car washing is prohibited within the local area. This is contrary to the norms for maintaining land located near a high-rise building.

This is not only a violation of the landscaping, but can also cause harm to the land. It can manifest itself in leaking chemicals and other additives. After washing, traces of dirt and gasoline may remain on the area, deeply absorbed into the grass and other plantings. This not only spoils the aesthetic appearance of the yard, but also harms the environmental situation in the local area according to the housing code.

Reference! If we look at the legislation, there is no direct instruction on washing the car.

But in accordance with Article 6.4 of the Administrative Code objects emitting toxic substances that can harm life and health others are dangerous. In addition, the natural balance is disrupted, on which the state of the atmosphere and air in the courtyard in front of the house depends.

Article 6.4 of the Code of Administrative Offenses of the Russian Federation. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport

Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; on officials- from one thousand to two thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

Everyone knows that
Washing cars in places where there is a river or pond is prohibited, since gasoline and other chemicals can poison fish and people swimming there. But not everyone knows that car washing is not allowed in the local area. Prohibited places also include parks, residential complexes and roadways.

There is a way out of the situation when washing is necessary. This can be done at special sites located in an industrial zone or at a car wash. Besides, legislation allows washing in the garden area or in a garage complex. Required condition for a garage complex is that it must be equipped with a water drainage system.

A violator who does not want to heed the law will face a fine. For the local area, it is up to five thousand rubles. It is almost impossible to avoid it, since in a multi-storey building there are always people who carefully monitor the maintenance of order in the yard and in the high-rise building. They will report to the relevant authorities and the offender will be punished.

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Local area. What is it and how to use it:

Conclusion

The area around the house belongs to all owners of residential premises in the high-rise building. This is a place where not only adults, but also children gather. Therefore, improvement and creation of all necessary facilities in this place is necessary and issues should be discussed at a meeting of residents.

Violators of norms in the established local area cannot be allowed to go unpunished and continue to pollute the land. All issues must be resolved comprehensively and it is recommended to carry out land surveying, since there are many who want to take possession of a plot located near a residential building.

IN Russian legislation it is stipulated that the adjacent territory of an apartment building is the same common property as attics, basements, entrances, and stairs. Therefore, there are certain rights to use it, as well as responsibilities for its maintenance. What is said about this in Housing Code and relevant Federal laws?

Basic Concepts

Initially, it is important to understand what the adjacent territory of an apartment building (MCD) is, since this term can be interpreted in different ways. It is stipulated in various regulatory legal acts: both in Housing and in Land codes there are instructions on this matter. To finally decide what it means, it is worth familiarizing yourself with the relevant Federal Laws and municipal documents (for example, with Government Decree No. 491 dated August 13, 2006).

This is not an idle question. It is important for residents to know where and how the adjacent territory of an apartment building is considered in order to care for it. It is also necessary to understand this point in order to exercise your own rights, since such property is common, and all residents of the ICD have the opportunity to use it.

If we talk in simple words, then the local area is a certain plot of land where the building itself and additional buildings are located. Plus this also includes green spaces and driveways. The adjacent territory of an apartment building is the space that is necessary for organizing the comfortable operation of residential premises.

It is important to avoid discrepancies. Some citizens mistakenly believe that the boundaries of the local area are located strictly along the perimeter of the yard. However, they extend wider.

It is worth knowing about your rights, at least in order to defend them. A striking example is that city authorities often abuse their own powers and take advantage of the ignorance of citizens. They locate shops and other objects that are not allowed to be placed on the adjacent territory of an apartment building according to 2019 standards.

Defining boundaries

Having gained an idea of what a local area is, it’s time to move on to determining its local limits. How can you understand where this section ends? First of all, by the objects that are located on it. Adjacent lands are considered to be lands on which the following are located:

playgrounds, driveways (fire and emergency);
garages;
drying clothes.

An adjacent parking lot is also possible. Sidewalks, areas with plantings, transformer booths and heating points are also supposed to be included in this territory. All these rules are established directly by the Russian Housing Code.

However, such provisions do not provide a clear answer to the question of how many meters the adjacent territory can occupy. The situation is especially difficult in old areas, where development was carried out densely, without creating a developed infrastructure. It is much easier to resolve the issue by determining how many meters from the house such a zone occupies when we are talking about new buildings. Today, the developer is obliged to draw up a plan, taking into account auxiliary facilities and incorporating this into the project.

How to determine which area is adjacent to apartment building in law? It's worth checking out local regulations on this topic. Because the general rule there is no calculation; the fundamental point is the density of buildings in a particular area: if the houses are close to each other, even if everyone wants to, it is impossible to allocate a huge plot of land to everyone.

By the way, in order to take on the maintenance of the local area, clearly defining its boundaries, you can look at the housing documents. Since this is mentioned in the cadastral passport. The easiest way to find out all the nuances is by going to the official website of Rosreestr. There is a publicly accessible map showing high-rise buildings and the areas adjacent to them.

Legal aspect

Having understood what the local area of an apartment building is according to the law, it is worth studying the rights and responsibilities of residents. Because they are not always aware of how they can dispose of joint property, and in this case, a land plot. Initially, it is important to understand who has the rights to it.

Back in the days of the Soviet Union, it was customary that the land around the house was transferred for use to the residents who lived in it. A simplified mechanism for free privatization was provided. Residents were free to improve the local area of the apartment building, enjoying all the benefits on an equal basis.

However, at present it is not so easy to deal with legal issue, when it comes to old buildings. If the house and the plot belonging to it are included in the cadastre and displayed on the map, then privatization is carried out quickly and easily. However, not all buildings of past years are registered in the cadastral register.

As for the new building, everything is simple and clear. Since a citizen buys an apartment in a new complex, already partially paying the cost of the land plot, he automatically becomes the property. A person, along with all other residents of an apartment building, receives the right to use it. He will not have to independently go through the procedure of privatization of the local area in an apartment building.

What to do if a citizen decides to buy square meters on the secondary market and wants to know who is the owner of the land? The easiest way to find out who owns the local area is by contacting Rosreestr. Everything is recorded there legal aspects, you can focus on them.

Yard landscaping

Although everything is described very beautifully in the law, in practice it is not always possible for apartment owners in an apartment building to use the common property, which includes the courtyard and adjacent objects. If the building houses beauty salons and shops, they need to create parking for clients. As a result, the yard turns out to be cluttered, so that even pedestrians sometimes have nowhere to go, and the owners cannot park their own vehicles.

However, the rules for landscaping the local area of an apartment building state that it is the residents who have the key right to vote in deciding what their yard will be like. Therefore, if the owner point of sale needs to create parking spaces for his business, then he must act only with the consent of the residents. If the site becomes their property, they can even partially rent it out, without forgetting about the comfort of living.

The improvement of the courtyard area of an apartment building and adjacent areas is only welcomed by the authorities. Although the maintenance and repair of common property falls on the shoulders of the owners, this does not mean that they must carry out landscaping with their own hands, lay sidewalks to playgrounds, or erect a fence. All these tasks are directly carried out by special organizations with which the management company signs an agreement and negotiates the terms.

To take into account all legal requirements, it is worth issuing a territory improvement passport. This is done by specialized organizations that develop a document taking into account SNIP and other standards, which display the site and all objects, including trees. Of course, specific requirements for the procedure need to be studied locally. Since municipal authorities are competent to decide which papers and in what form are needed for the site.

By default, a territory improvement passport cannot be a document that is drawn up once and for all. Residents are free to periodically change the site by landscaping it. Therefore, the question of updating arises of this document. According to the law, it must be carried out if changes of 50% or more have occurred at the facility.

Fencing and parking

It is worth discussing in more detail those issues in the operation of common property that are often associated with a violation of the rights and interests of citizens. If residents of an apartment building can safely repair objects on the site, will it be legal to fence the local area?

It is quite natural that citizens strive to fence off their yard. Especially if a large-scale project is underway construction project, as a result of which the degree of improvement will increase. No one wants outsiders to use the benefits: because of this, access to them will be limited for the residents themselves, plus there is a high probability of causing damage.

Even if the territory has become the property of the residents of the apartment building, this does not mean that it can be fenced off at any time. First of all, you should consult with lawyers so as not to violate legal requirements. Especially if the house is adjacent to a public road.

There are different types of fencing used: temporary and decorative, target and barriers. Therefore, you should first decide on the type, and then contact the competent authorities and make adjustments to the territory improvement passport based on the results.

If everything is clear with the parking of strangers on the site, will parking of cars of apartment building residents be considered legal? On the one hand, the law does not prohibit leaving a car near the house. On the other hand, strict requirements are imposed on car owners. They should not cause inconvenience to neighbors. Therefore, you should not leave your car with the engine running for a long time, or block access roads; access to garbage cans must be free.

It is definitely forbidden to drive on pedestrian paths or encroach on sidewalks. Also, you cannot park cars on lawns. If there is a motorist living in the house who ignores the requirements of the law and interferes with other residents, you can safely call a tow truck to punish the lout.

Questions about cleaning the yard

Not all residents are aware of their own rights and responsibilities in using common property. Many are outraged that city authorities do not take care of their yards: garbage accumulates in them and is not kept clean. However, cleaning the local area is the responsibility of the residents, since it becomes their property.

Therefore, you should definitely make sure that this point is specified in the contract with the management company, including the full responsibilities of the janitor. In this case, it will be much easier to resolve possible conflicts. After all, after signing the agreement, the organization assumes obligations. If she does not fulfill them, this is a reason to hold her accountable.

If the yard becomes the property of the residents, the execution of the agreement with the management company must be taken under strict control. What is included in this agreement? It must contain clear rules and algorithms, according to which this organization will be obliged to care for the site and make repairs to common property. It also states what expenses residents of the apartment building will bear in connection with paying for its services.

How landscaped the yard will be is up to the residents to decide. Therefore, they should actively take the initiative and demand that the management company fulfill its obligations. If she ignores the requirements, you can file a claim and then complain to the housing inspection. Don’t forget about reimbursement: citizens pay for the organization’s services, so if it doesn’t provide them, they can demand compensation.

pros	Minuses
Owners will be able to dispose land territory at our own discretion.	Responsibility for maintaining the local area rests with the property owners.
Protection of the local area will be significantly higher. Developers will not be able to place outside structures on the site.	Owners of an apartment building will also be required to pay land taxes.
Owners will be able to carry out landscaping on their own.	The land is strictly prohibited from being used for commercial purposes. Garages can only be sold to subjects who were participants in the Second World War or disabled people of group 1.