Many people want to demarcate their own territory. The establishment of a fence not only marks the boundaries of the site, but also protects it from illegal entry into the fenced area. In addition, an atmospheric environment is created, which helps to create coziness in the courtyard of an apartment building.

Installation of fences in the local area

This is considered to be the land plot of an apartment building. Everything on it belongs to this house. This is stated by the Land Code of the Russian Federation in Article 36. However, a document on the ownership of this land plot is not provided. Such an action allows the owners of apartments and offices to fence off the zone, equip children's and sports grounds, as well as organize parking for cars. It is used at the discretion of the owners.

Is home fencing legal?

By law, you are the owner of an apartment building. He also owns the common property. This includes the land under the house and an additional zone. Can fences be placed on the property? Apartment owners must have special documents for the shared ownership of the land. Article 16 of the Federal Law states that the house and other real estate objects, formed taking into account cadastral works, are transferred free of charge to the owners of the premises of this apartment building.

The procedure for installing fences in the adjacent territories

Many today install the fence illegally. In this regard, this is a popular question in the prosecutor's office. Barriers and other barriers are installed without permission. Emergency situations may arise. For example, the fire department or rescuers will demolish it without warning. Residents will not receive compensation. Because the equipment or fence was installed without special permission.

The rules for installing fences indicate that it is necessary to gather the owners of residential premises. At the general meeting, the issue of installing a fence and a barrier will be raised. The protocol is drawn up if at least 70 percent of the residents agree with it. It is provided to special authorities. What if it is not communal property? Make a decision on the formation of the zone through cadastral registration. This requires the consent of all residents. The decision of the rightful owners has more power.

What documents to provide?

Do you want to install a fence or put up a barrier? It is necessary to provide special documents for the local area. Initiate the installation of the barrier in real time. This is confirmed by relevant records. It is necessary to make sure that there are title documents, an act of certificate and cartography.

Permission to fence the adjacent territory

Many residents of our city want to protect the adjacent area. Some of them want to secure it, while others want to use the site comfortably, as well as get rid of the illegal privatization of their own zone. There are frequent cases of incorrect installation. Often such structures have an unattractive appearance. Sometimes they are installed outside the boundaries of the existing zone. The consequences of such actions are fraught. To prevent them from touching you, get permission to install a fence.

How much does yard fencing cost?

Based on the data provided for 2018, the cost of a metal fence is 1,500 rubles per meter. Swing gates cost from 30 thousand rubles, and sliding gates from 50 thousand rubles.

The cost is calculated from a number of points:

• Type of work;
• Fence length;
• Type of gate or barrier;
• The number of gates.

For example, it is necessary to fence in a perimeter of 300 meters. It is necessary to install two types of work, as well as automation for them, including two gates with an intercom.

Judicial practice on the fencing of the local area

Installing a fence is not an easy process. First you need to understand the boundaries of the site near the apartment building. Determine the size and put the land in the cadastral register. He gets his own number. It passes into free shared ownership of the premises of an apartment building. Know the size and boundaries of the yard? Protect him with a fence. Make a decision to build in an apartment building. After construction is completed, the fence will also become public property for residents of this apartment building.

Unauthorized fencing of the local area?

Many people install their own fences in their backyard. Often, neighbors put up small fences to protect the parking space near their own house. Some residents are installing barriers. It prevents entry into the yard. Such installations may be legal only if:

• The house adjoining zone consists in the accounting of the cadastral institution;
• At the general meeting, it was decided to fence the area. This is confirmed by the minutes of the meeting;
• There is a rental document, as well as the possibility of equipping it with a barrier or other facilities.

What apartment owner does not dream of having a beautiful fence around his apartment building? Behind the fence, you can not worry about the car left in the yard, no stranger will enter the playground, beautiful flower beds will not be destroyed, the sandbox will not be littered.

Lawyer Victoria Danilchenko specifically for Vesti.Nedvizhimost gave step-by-step instructions on how to legally install a fence around an apartment building.

The first step is to arrange the adjacent territory

First you need to determine the local area and clarify who owns it. If you live in a new house built in 2005 and later, when the Housing Code of the Russian Federation came into force, then the adjacent territory is most likely already formed.

If your house is older, then you need to conduct a survey of the site, which will determine the boundaries of the territory, and then put it on the cadastral register. After that, the apartment owners of the house automatically and free of charge become the share owners of the plot.

To install a fence, they need to have the following documents on hand:

Cadastral passport, where it will be stated that the owners of the premises of an apartment building have the right to own the site.
- an extract from the cadastre indicating the coordinates of the turning points
- the act of taking out turning points.

The second step is to hold a meeting of owners

Since the owners of the apartment building own the adjacent territory in shares, this is their common property, and a general meeting of residents must be convened to install the fence. A quorum must be gathered at the meeting - this is 50% of all voters plus one more vote. If the owners vote for the installation of the fence, then it can be installed. It is best if at the same meeting a decision is made on the procedure for calculating payment for setting up a fence: will it be a separate line in the payment receipt or a separate invoice.

In their rights to enclose the local area, residents of an apartment building must be guided by:

the Housing Code of the Russian Federation (Articles 36, 44-48);
- the Civil Code of the Russian Federation (Article 209);
- the Land Code of the Russian Federation (Article 26);
- Federal Law No. 189-FZ of December 29, 2004 “On Enactment of the Housing Code of the Russian Federation” (Article 16);
- Decree of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 (p. 67);
- Decree of the Government of Moscow dated July 2, 2013 No. 428-PP "On the Procedure for Installing Fences in Adjacent Territories in Moscow".

Are there any other "pitfalls"? It is noteworthy that, according to the law, the finished fence project does not require coordination with the police, the traffic police and the Ministry of Emergency Situations, the administration and other city services, but for safety, you can send them a letter with a notification about the construction of the fence.

Difficulties may arise at the stage of fundraising. The owners of an apartment building may refuse to contribute funds for the purchase and installation of a fence, and no one can force them under the law to force them. Also, by law, they must be given the keys to the gate: according to Article 209 of the Civil Code of the Russian Federation, the owner has the right to own, use and dispose of his property.

In addition, sometimes owners of non-residential premises on the ground floor, where shops, beauty salons, banks and other commercial organizations are usually located, object to the fence. In no case should a fence restrict access to these premises. The owner of the premises has the right to demand access to the fenced area to his premises in court. This happens quite often. But the way out, as a rule, is found in the fact that they put up a fence, but access to the premises remains open.

Art. 16 of the Federal Law of December 29, 2004 No. No. 189-FZ "On the Enactment of the Housing Code of the Russian Federation" it was established that in the existing development, the land plot occupied by an apartment building and put on the state cadastral register before the entry into force of the Housing Code of the Russian Federation is transferred free of charge to the common shared ownership of all owners of premises from the date of entry by virtue of the Housing Code of the Russian Federation. The right of shared ownership of land arises by virtue of law from March 1, 2005.

The Housing Code of the Russian Federation, which entered into force on March 1, 2005, classifies the adjacent territory as the common property of the owners of premises in an apartment building. Accordingly, on the adjacent territory, as, for example, on stairs, elevators, technical floors, etc., the regime of common shared ownership of the owners of premises in an apartment building is established (Article 36 of the Housing Code of the Russian Federation).
In accordance with paragraphs. "f", "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 land plot on which the apartment building is located, and the boundaries of which are determined, is included in the common property based on state cadastral registration data, with elements of landscaping and landscaping of an apartment building, including transformer substations, heating points designed to service one apartment building, collective parking lots, garages, playgrounds and sports grounds located within the boundaries of the land plot on which the apartment building is located .

In the event that the site has not been previously formed, this must be done in the prescribed manner. In order to transfer to common shared ownership, a land plot on which an apartment building and other real estate objects and the adjacent territory are located must go through the procedure for forming a land plot and putting it on state cadastral registration. To do this, a person authorized by the general meeting of owners of the premises must apply to state authorities or local governments with an appropriate application. These bodies are obliged to consider such an application and take the necessary actions to form a land plot and put it on state cadastral registration. The boundaries and size of the land plot under the building and the adjacent territory will be determined in accordance with the norms of land legislation and legislation on urban planning.
However, it must be remembered that cadastral works in accordance with Article 35 of the Federal Law "On the State Real Estate Cadastre" are paid and are carried out at the expense of interested parties on the basis of a concluded contract.

The site has been formed, the necessary documents have been received, what's next?

The principal decision on the installation of the fence must be made at a general meeting of residents. At the same time, the procedure for convening such a meeting, voting and the procedure for processing documents following its results must be observed. Here we will not dwell on these requirements in detail, we will only note that the violations that were committed during the convening of the meeting and the execution of its decision can serve as a basis for further challenging this decision in court.

At the meeting, it is necessary to determine the cost of the fence and work on its installation, project development, design, types of locks, barriers, and other practical issues. Many residents own a car, and their interests must be taken into account. In general, when planning the improvement of the territory, it is necessary to solve many issues and try to take into account the opinion of all owners. It is necessary to determine the need and number of parking spaces, to carry out zoning of the local area in order to determine the possibility of organizing an open parking lot of sufficient capacity, taking into account existing and planned recreation areas, playgrounds, sports, utility areas, green spaces, walkways, round-the-clock unhindered passage of special vehicles (ambulance , waste collection, fire, snow removal equipment, etc.). At the same time, it is necessary to comply with urban planning regulations. That is, it will be necessary to draw up and then approve a full-fledged project at the general meeting. It is obvious that in most cases such a project cannot be drawn up by enthusiasts, you will have to hire professionals and pay for their work. Professional designers will carry out all the necessary approvals, incl. with firefighters and other emergency services, will take into account the availability of utilities, which in the future will significantly reduce the cost of maintaining the fence.