How much adjacent territory belongs to the apartment owner. Information about the standards for the adjacent territory of an apartment building: what are the dimensions of the plot according to the snip? How many meters exactly can such a territory be?

03.10.2023

The adjacent areas of high-rise buildings are used to solve domestic needs and ensure the life of an apartment building. They are used both by public utilities and by the residents of the high-rise building themselves. In most cases, these are also green islands among asphalt and concrete, which are necessary for organizing recreation and comfortable living.

Knowledge of legal guarantees and a clear delineation of the site from adjacent land users will help protect the opportunity to use land in the courtyard of a high-rise building. The property of apartment owners in a homeowners' association is protected by law. This property cannot be distributed. They do not have the right to dispose of it based on decisions of the local administration or the tenant merchant.

Let us first dwell on the precise understanding of legislative terminology. What does the phrase “home area” mean? How is this concept used in jurisprudence for the practical implementation of the rights of residents of an apartment building? About this and much more in our publication.

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General points

Everything inside the yard, behind the fence, is the courtyard area of the apartment building. Determining the boundaries of a land plot in this version is not entirely accurate. The plots belonging to the HOA are actually much larger than the conventional, but familiar to us, visual boundary of the fence in the courtyard of a high-rise building.

The land that is used for vehicle access, as well as the adjacent territory where technological facilities for supplying heat and electricity are located, are also included in the land plot used legally by the residents of the high-rise building.

This real estate has features that distinguish it from other land uses. This plot of land next to the house is both public and private. It can be rented out only by a consolidated decision of the majority of the residents of the house.

But even after being leased, all residents of the house will be able to use it for travel or recreation. A little further we will explain why this land has such an unusual status and what causes this.

What is the local area of an apartment building?

Studying the texts of legislative norms, we come to the conclusion that they designate the local area. The definition of such a land plot is enshrined in the text of the Housing Code of the Russian Federation. This territory includes land to perform four important functions:

recreation, that is, rest, restoration, communication;
placement of communications, public infrastructure facilities;
placement of repair mechanisms;
for the movement of personal and public (emergency) transport.

The adjacent territory of the MKD and its purpose

How many meters do the surrounding areas recede from the contour of the house? There is no absolute parameter defining the area or a strictly established distance from the threshold of a building to the border around the house.

There are several current SNiPs and standards that give a general idea of which areas belong to the land used for maintenance and comfortable living in a high-rise building. These same standards indicate for what specific purposes land owned by residents can be used.

To calculate the area of land adjacent to the house, a simple formula of two factors is used. The area is equal to the product of two indicators: the size of the apartments (in square meters) multiplied by the specific indicator of the apartment share. The share is determined individually.

To calculate this personal share, tabular data from state standards and provisions from the housing law of the Russian Federation are used. The calculations take into account the year of construction and the number of storeys of the building, as well as the population density.

What is the main purpose of the land adjacent directly to the house? According to the requirements of federal and municipal law of the Russian Federation, a homeowners’ association can draw up a full package of land documentation to perform the three main functions mentioned above. They are mainly related to the normal life support of the residents of the house.

Land documentation will clearly indicate the land within the building and located in close proximity to the apartment building. Using these documents, the co-owners of the house - the owners of the apartments - receive full rights to dispose of the land.

If the site associated with the house needs to be partially transferred for the temporary location of a commercial or permanent location of a technological facility, the consent of the residents will be required. The decision is made by the general meeting and must be documented. Only after confirmation of such a procedure with the signatures of meeting participants is it possible to change the purpose of the land plot.

Legal grounds

In the early 2000s, legislators defined what the adjacent territory of an apartment building means. The 2019 regulations, laws and standards in force this year do not make changes to the legal status of this type of real estate.

The Housing Code says that this land is used exclusively for the efficient operation of public utilities. At the same time, it is used to create comfortable living conditions. In addition to the texts of codes and laws, the code of urban planning rules of the Russian Federation briefly speaks about the local area.

Specific notes are contained in municipal regulations that detail how buildings in the city's residential sector must be landscaped and maintained. They are also important to know because they may extend the scope of legal restrictions and affect certain land use issues.

If the building density in the city is very high and a rational approach to determining the boundaries of the site used for residents is required, local restrictions may be established. They will also be legal, since such restrictions will apply according to decisions of the municipality, taking into account the boundaries of neighborhoods and residential areas.

It is important to know the limits and “red lines” indicated by municipal urban planning documentation and approved master plan projects and development plans.

In some cases, court decisions partially regulate the location of a land plot. This is usually how a dispute over the right to dispose or in any way use, on contractual terms, land near a multi-storey building is resolved. As a rule, such legal disputes arise due to the lack of approved land documentation. A standard technical passport is used to dispose of land. In such a document, the boundaries of the site are indicated with a large degree of error.

In the cadastral land registration system, unique numbers are assigned to land plots allocated for private ownership. They have high discrimination accuracy. The division lines between the plots may be placed on the ground.

What is considered the local area of an apartment building?

The common area is allocated for maintaining the building and creating the most convenient conditions for the life and recreation of residents.

The size of the local area of an apartment building is calculated for each house individually, but according to a general formula. At the same time, the restrictions of land legislation and urban planning rules and restrictions, decisions of the city authorities are taken into account.

The law assigned each of the apartment owners a conditional part of the land plot under and near the house. It is impossible to identify this “virtual” real estate in its physical form. And you won’t be able to sell it or inherit it. This is common property. It is used by residents of the building who have purchased an apartment.

A newcomer who has just purchased an apartment has the same rights to land near a multi-storey building as the owners who have owned apartments since the building was put into operation. The time period of ownership in this case does not affect the right to dispose of property through voting at a general meeting and taking into account the opinion of the apartment owner.

How to find out the boundaries of the local area

Where can I find out the boundaries of the site? The state cadastre indicates the boundaries of adjacent areas of apartment buildings. These documents are available to all residents of the house and are open for review by citizens. You can study them in detail online from your home computer.

To familiarize yourself with the plan in detail and find out the boundaries of the adjacent territory of an apartment building, there is no need to write requests. It is enough to show your documents and go through a simple registration to receive an extract or a copy.

The area of the local area according to the norms and standards adopted at the state level is calculated as the addition of the areas if they are located directly:

under the house (along the contour of the building facade);
as part of courtyards, access roads, playgrounds, places for walking and recreation;
under utility structures for heating networks, energy and some other facilities serving a residential building.

When calculating the area, developers are required to take into account the number of people living in the house. They are obliged to provide the maximum size of the plot for the comfortable living of apartment owners in the building.

Who does it belong to?

Who owns the surrounding areas and who is responsible for their use? To give a detailed answer, let us recall the rights of a homeowner. Along with the acquisition of real estate, the owner of the square meters simultaneously becomes the owner of part of the common property. But the adjacent territory of an apartment building cannot be divided into pieces and distributed to everyone. For example, you cannot divide the road to the entrance or the land under the basement.

The land passport shows the boundaries of each recreation or service area. But land documentation does not delimit it for all owners separately.

Who should clean

The area that residents are required to clean or hire providers of such services is calculated throughout the entire territory. The part of the site located not far from the house is considered the local area. It also includes separate, isolated areas: a children’s corner, a place for sports, and other facilities necessary for recreation and life support.

When calculating the payment, the inclusion of the site in the serviced local area, at the distance from the house in footage, is taken into account.

Residents are required to maintain this entire area of land around the house, clearing it of debris, monitoring its condition, including following the instructions of regulatory services and municipal inspectors.

The cleaning function is performed by management companies or employees hired by homeowners for a fee. Residents of the house itself can also perform cleaning services.

Is privatization possible?

The land near the building is under common management. If all documents for ownership have been drawn up, then a general meeting of residents can determine a part of the yard that will be transferred to the disposal of another legal entity or individual.

The Housing Code does not prohibit such an action, since it contains rules allowing the “transfer for use” of part of the territory near a residential building.

It is impossible to privatize the land near the house. This is not provided for by the Housing Code and other codes of the federation. But it can be given for use for a certain period, which can be tens of years.

landscaping

You can see how much of the land near an apartment building is allocated for recreation and green spaces using a cadastral plan.

How much space is required for landscaping is determined by the number of residents and the features of the local layout.

Asphalting

A certain part of the area inside the yard is allocated for the construction and maintenance of transport communications. We are talking about an asphalt driveway to the entrance, an internal road to connect with city streets, or an asphalt area for public events.

Installation of a barrier

The need to restrict entry is determined by the decision of the majority of apartment owners in an apartment building.

As a rule, the procedure for installing a barrier or other object inside the yard should begin with the design of the area under and near the house. The co-owners, through a legal entity - a partnership - receive documentation. Once it is officially registered, a legal basis appears for construction or temporary transfer of land for use.

If there is a need to install a barrier or build another structure, a decision by the general meeting of residents is necessary. Such a decision is mandatory since the manager of the HOA, like the board of the partnership, is not competent to make such decisions independently. It is at the general meeting that it is determined:

where to place the barrier;
what will be the control mechanism (mechanical or electronic);
how much will it cost to maintain it, and who will install it.

Video: local area

How many meters from the house is considered a local area? What needs to be done to register land for an HOA? What registration steps are required for this? You can see this and other details about the use of a high-rise building land plot in more detail in the video:

Conclusion

The peculiarity of a plot of land near a multi-storey building is that no one can sell it or take it into private ownership. This adjacent area serves everyone together and at the same time everyone.

As a rule, only the fenced part of the yard is included in the area served by the residents of the house. But the law also indicates the need to maintain areas where communal facilities are located to create comfortable living conditions: the use of gas, water, heat, electricity.

Property owners in an apartment building must pay for cleaning and putting things in order on all land used by residents. These also include owners of rented premises. Tariffing for services is determined by the market price. Landscaping, placement of flower beds, installation of a children's corner and other features of the use of land near a high-rise building are regulated by the general meeting.

To summarize, the adjacent area is much more than the border of the house marked on the diagram and enclosed by a fence. This territory can be used both for work and for relaxation and effective life support at home.

Multiple difficulties related to the maintenance of land area related to an apartment building and issues of managing the adjacent territory of an apartment building provoke various problems for owners. Often residents are interested in the boundaries of the entire homestead and who should take care of it. Any housing is assigned an area of territory; in fact, it contains children's complexes, recreation areas, sidewalks, lawns and lawns. When buying a living space, any participant clearly understands that subsequently he will be the full owner of the home, however, not every new settler thinks about who owns the adjacent territory and the adjacent land plot.

What is included in the local areas

The collective property of homeowners in a building includes not only attics, entrances and basements, but also the land area adjacent to the house and assigned to it by the city municipality. Based on Article 36 of the Housing Code, adjacent territories include:

children's play complexes;
sports stadiums;
emergency and through passages;
garages and parking lots;
pedestrian sidewalks, paths and pavements;
various green areas;
transformer, distribution, heating booths and points.

All this is considered a local area; these areas are designed to provide an apartment building with comfort and are located within the boundaries of the house. Therefore, there are established rules for its use.

Who is the owner

According to ordinary logic, this territory must be the property of the residents of the building built on it, since the adjacent land with its front gardens, benches and sports grounds was originally intended for the entertainment of the people living in the house. IN Article 16 of the Federal Law on Housing Code No. 189, designated:

The territory around the house, on which a multi-storey residential building and other objects and structures included in this building are built, which are associated with the territory and created before the entry into force of the law and in relation to which government price accounting was carried out, is freely transferred to a single (collective) shared property apartment owners.

The site on which a multi-apartment residential building and other objects and structures included in its structure that are associated with the territory are located are the aggregate (collective, common) shared property of the owners (copyright holders) of the apartments.

If the territory on which a multi-apartment residential building and other objects and structures included in the structure of such a structure that are associated with the territory are located was not created before the implementation of the residential complex, then each owner has the right to make a corresponding application to the national authorities or regional authorities with request for the creation of a land zone.

Area of the local area

Now let’s try to answer the question: how many meters from the house is the adjacent area considered? The land on which a high-rise building is built often needs to be organized, that is, its boundaries on the site must be determined and registered in the cadastral department at the regional office. There are also frequent issues related to compaction development, if it may seem to the residents of a previously existing building, at first glance, that their rights are being illegally infringed. In these cases, you first need to find out where, in particular, the ownership of your home ends.

The territorial site of a multi-storey building and the size of the adjacent territory of an apartment building are determined in accordance with the conditions of urban planning and land legislation. First you need to determine the boundaries of the local area (exact footage) - in accordance with Federal Law. This is adjoining land that provides the typical use of the house itself, and its scale will be regulated by urban planning regulations and instructions.

How to find out the boundaries? The following formulation is used as a basis:

Snor = У×Sк,
where is the definition:
Snor– adjacent area of an apartment building;
Y– specific measure of part of the territory per sq. meter of housing;
Sk– apartment area of the building.

It is not possible to accurately determine the local area according to established standards, since specific dimensions are not provided; the usual scale of these nearby zones is from 3 to 6 m. However, the area can be larger.

The parameters of the local land (the boundaries of the local area of an apartment building) - area, limits - are displayed in the cadastral plan of the territory. This information is the basis for calculating the costs of management companies for repairs of this place. If the adjacent land is not properly registered, then responsibility for its maintenance rests with the municipal administration.

Registration into collective property

Often, it is not enough just to know the boundaries of the local area of an apartment building; it is necessary to formalize and mark it.

The first step is to hold a collective deliberative meeting of the owners. The resolution of the general council is taken by the majority of votes from the joint number of votes of the participants; based on the results of the meeting, a document (act) is drawn up. How to determine which papers need to be drawn up when carrying out is explained in PP – No. 569 dated July 3, 2007.
Second step - the appointed authorized representative is obliged to go to the public administration body or the regional administration department with an application approved at the general meeting (application for the creation of a land zone). The Regional Supervision Department, by administrative act, recognizes the draft boundaries (limits) of this territory, based on the land management procedures carried out. To pass the state registration of rights to joint (collective) ownership of this territory, you need to collect the following package of documents: license, establishing papers on common real estate; (technical passport, project); an application drawn up in accordance with all the requirements for state registration of the right to common shared property, as well as a diagram; information about the owners and the premises they own; a deed evidencing the rights of the owners' agent; invoice for payment of state duty.
The third step will be to designate the land area itself. It is carried out by administration departments or by the regional administration apparatus, on the territory of which the high-rise building is built. The Territorial Department of Land Resources is developing a conclusion on the free provision of land for the collective shared ownership of home owners. Certain regions, by their regulations, do not require homeowners to issue a special resolution from the regional control department in order to transfer the territory adjacent to the house into common shared property.

From the moment of fulfillment of the state cadastral registration, the adjacent land area on which multi-apartment housing and other real estate objects included in the structure of this building are located is transferred to the single (collective) shared property of the owners of apartments and premises.

pros

Distribution into collective shared ownership and use of the local area gives residents the opportunity to exploit it at their own discretion. In addition, the protection of the yard from the illegal construction of shopping centers and tents, harmful gas stations and illegal residential buildings increases qualitatively. Residents receive free privatization of plots and the opportunity to profitably allocate funds for and maintenance of entrances.

Minuses

At the same time, the owners become obligated to carry out maintenance, maintenance and organize the use of the local area; repairs, for example, of roads and passages must be carried out at their own expense. In addition, it becomes necessary to pay a tax and allocate exclusively children's and sports grounds, as well as car garages for WWII participants and people with disabilities.

Maintenance Responsibilities

The parameters of the adjacent land - area, limits - are displayed in the cadastral passport. This information is the basis for calculating the costs of management companies for cleaning this place. If the area of the local area is not properly designed, then responsibility for its maintenance rests with the municipal administration.

Correctly managing not only the object itself, but also the land adjacent to it, you can significantly reduce costs and increase the comfort of living. Each locality develops its own set of rules. However, they always contain universal components created on standard sanitary standards. The main work consists of:

Cleaning the local area. Snow is unconditionally removed from access roads and sidewalks, entrances and address signs are cleaned.
Work in the field of formation of areas where children rest.
Fencing the area or its components. The basics are to take into account the range of interests of residents in nearby houses.
The yard arrangement of parking for motorists is extremely important; many factors depend on where personal vehicles are located.
Organize the operation of sites for.
Planting and processing. It is necessary to form lawns, plant bushes and trees, and landscape the area.
Erect the necessary buildings, install fences, carry out their scheduled repairs.

Almost everything depends on how the owners themselves relate to this, to what extent they proactively look after their own home and the surrounding area is always in a tidy condition. It is very important to fulfill the requirements for landscaping, at least to a small extent, and in most cases, developers are responsible for performing one-time work.

Parking questions

The procedure for parking zones in courtyards is always the main criterion when designing. Already during the design period of the building, the order of location of the packing areas is envisaged, which is used when creating a parking lot in the yard and the surrounding area. Owners can use these principles at the stage when they are drawing up a plan for the local area of an apartment building (in accordance with SNiP) and create additional parking lots, arrangement of personal garages, but the following should be taken into account:

the distance from a parking lot accommodating up to ten cars to the building of a residential building should be at least ten meters, but to garages it can be a quarter more distance;
it is possible to install garages on local land only if the exits from these garages do not face the buildings;
The presence of an open parking lot is permitted, which can accommodate up to fifty vehicles. When we talk about parking spaces or garages with continuous wall fencing, in this case their capacity can be increased up to one hundred cars. If there is still not enough space, then it is possible to rent an additional area.

Residents can file a complaint if the parking lot provokes various obstacles and limits the residents’ opportunities to the appropriate governing bodies, this is the municipal or district city. administration, fire supervision, sanitary control services. Whenever disputes arise about parking cars in yards, you first need to examine the district regulations.

Traffic rules

The adjacent territory, in addition to these laws, is also regulated by traffic regulations, which delineate zones where parking is generally not permitted:

The rules strictly prohibit idle time in the courtyards of vehicles with the engine running for more than five minutes, unless the necessary loading and unloading operations are performed or passengers are not boarded and disembarked. The importance of this principle increases with the arrival of winter time, if the driver needs to warm up the car;
the adjacent territory of an apartment building establishes standards for parking and leaving cars on sidewalks, lawns, walkways and where transport will impede the movement of pedestrians or other vehicles (bicycles, scooters, etc.);
It is prohibited to erect barriers independently, without permission, and thus secure parking spaces;
It is not allowed to interfere with the passage and passage into the yard, or park the car at a distance closer than five meters. from trash cans;
further, the adjacent territory of the apartment building prohibits the parking of trucks (over three and a half tons) outside specially designated areas; such a zone may be the territory paid for by a shopping center and industrial buildings located near it;

The owner of the car who mistakenly delivered his own car will have to pay the penalty. If such a situation with a would-be driver is repeated more than once, traffic police officers will raise the issue of depriving the offender of his driver’s license.

How to fence an area

The adoption of a conclusion on the installation of a barrier, the installation of blocks or a protective fence falls within the competence of the general meeting of homeowners in this high-rise building (MCD):

If apartment owners or their agents took part in the consultation, and the issue was decided by more than fifty percent of the total votes, then the meeting has the legal capacity to organize such decisions.
After which it is necessary to design a design for the fence structure and coordinate it with the police, the Ministry of Emergency Situations and the 03 service, in order to guarantee independent passage of cars in the prescribed emergency areas.
In addition, residents have full authority to block areas of public use: embankments, roads, through courtyard passages, green areas. All this is possible taking into account the rights and legitimate needs of the population, nearby buildings, owners of neighboring plots and other nearby objects that may need this common area to provide access or passage.

The design, installation and ongoing repairs of fencing structures are carried out at the expense of the personal money of the owners of high-rise apartments. Subsequently, upon completion of construction, the fence will become the single shared property of absolutely all owners of premises in the building.

Information

The legislative documents on which all calculations are carried out today have become irrelevant. The head of the executive branch entrusted the creation of a normative act with new principles for the formation of local areas, however, even today the territory is still the subject of speculation and arbitrariness.

We have tried to describe in sufficient detail in this article what the adjacent territory of an apartment building is and all the main nuances associated with this issue; this information will help owners avoid various funny situations and protect themselves from lawlessness. Next, I suggest you watch an interesting video

The common property of apartment owners in a building includes not only entrances, attics and basements, but also the surrounding area. The Housing Code obliges each owner to maintain this territory. But in addition to responsibilities, HOA members also have rights to dispose of the land adjacent to the house. In practice, anyone can dispose of the surrounding area at their own discretion, for example, a store will grow on the site of a public garden, and a new building will grow on the site of a sports ground. How can residents become full-fledged exploiters of the local area? Is it possible to fence it off and prohibit outsiders from using it?

general information

Each high-rise building is documented to be associated with the land plot on which it is located. The plot is already registered and has a cadastral number. The boundaries of the site include not only the land located directly under the house, but also sidewalks, roads, playgrounds, and green areas. It is this area around the house that reveals the concept of “adjacent territory of an apartment building.”

According to the rules for maintaining common property, the adjacent territory of an apartment building is:
The local area includes:

a plot of land under the house;
landscaping and landscaping elements;
sports and children's playgrounds;
parking lots;
fire passages;
boiler rooms;
transformer substations;
other infrastructure facilities.

The exact boundaries of the local area of an apartment building and the area of the land plot are reflected in the cadastral passport; this information is publicly available - on the public Internet map of Rosrestr. The status of the plot can also be found on the map - it is either rented by the HOA or registered as the property of the residents.

Local area according to Article 16 of the Law “On the Enactment of the Housing Code” belongs to all apartment owners on the basis of shared ownership . And if it is rented, then ownership rights can be registered if such a decision is reflected in the minutes of the general meeting. The shares of the land plot are determined between all residents in proportion to the areas of their apartments, as well as all common property in the house.

Privatization of the local area of an apartment building is free and does not require registration by each owner. Based on the analysis of legislation, when the owner buys an apartment, he also buys part of the common property, which cannot be separated , therefore, we can assume that the registration of the share was carried out at the time of registration of the right to the apartment.

The adjacent territory of an apartment building. Standards

Utility workers often treat house maintenance carelessly, and there is no discussion at all about the adjacent areas. That's why Maintenance of the local area of an apartment building falls entirely on the shoulders of the residents. And in order to improve the area around the house, you need to know its boundaries.

The size of the adjacent plot is determined by town planning regulations in accordance with Article 43.4 of the Town Planning Code. Each city has its own regulations, but there is a general formula by which the adjacent territory of an apartment building is calculated (the 2015 standards are relevant to calculate using this formula, since the legislation on this issue has not changed since 2000).

According to the Regulations on determining the boundaries of land plots in condominiums, it is established exactly how to determine the boundaries of the local area. In this case, the parameters and characteristics of the high-rise building, the boundaries of neighboring houses and the area of the entire microdistrict must be taken into account.

The formula for calculating the size of the local area is given by order of the Ministry of Land Construction No. 59 (SP 30-101-98) and looks like this: Snorm. = У*Sк, where:

Snorm – standard area area;
U – indicator of the share of land per 1 sq.m. housing, which is calculated using a more complex formula and directly depends on the number of storeys of the house and the year of construction;
Sк – total area of apartments and common property.

The formula for calculating the share indicator can be found in the town planning regulations of your municipality.

Disposal of the local area

The adjacent area is created for the comfort of residents - for walking, for the construction of playgrounds or parking lots, etc. However, if there are shops and offices in the house, often the entire local area is occupied by parking lots and parking lots.

But you need to keep in mind - since the entire territory around the house belongs to the owners of the premises in shares, then it can only be managed together !

to the management company (and such a clause must be included in the management agreement);
on the HOA (all owners of premises at a general meeting decide how the adjacent territory will be used).

The territory can even be fenced if a municipal road does not pass through the site. In this case a public easement has been established on part of the site with the road.

If the road is not municipal, but belongs only to your home, you have the right at a general meeting to close your territory from unauthorized persons, for example, by installing a barrier.

Part of the site can be used profitably, for example, rent it out for parking, and use rental payments for general house needs. But this decision is also agreed between all residents.

We should not forget that responsibility is imposed for improper maintenance of the local area. For example, a block of ice fell on a car parked near the house. The court will recover damages to the car owner:

from the management company, if it is she who manages the house and receives payment for the maintenance of housing;
with the HOA, if the house is managed independently (by way of recourse, the HOA can recover money paid in court from the guilty party).

Moreover, if the area where snow or ice may melt is fenced, the car owner will not receive anything if he parks the car inside the fence.

How to park at a high-rise building

If the adjacent territory of an apartment building allows, parking there is not prohibited, but subject to traffic rules. For car owners the following is prohibited:

parking with the engine running;
truck parking;
blocking passages;
parking near trash cans is closer than 5 meters;
driving on lawns and sidewalks;
parking on the lawn and sidewalk.

If parking rules are violated, the culprit's car may be towed.

It should be noted that since parking is a local area, the housing code has given all residents equal rights to use it, without allocating a specific place.

A parking space cannot be the property of a specific HOA member.

Laws sometimes have important aspects that most people are not even aware of.
Interesting note: According to Part 6 of Article 36 of the Housing Code, ownership of a share of the adjacent territory is not canceled with the demolition or destruction of the house and does not pass into the possession of the state or other persons. That is, if you have a designated local area, this means that in case of demolition of the house, you can sell, donate, or dispose of your share in another way.

The law on local area describes this space as the land located around a residential multi-apartment building, defined and documented. It is impossible to say unambiguously what is included in the local area: it could be transformer booths and boiler rooms, garage complexes and parking lots, sports and playgrounds. It all depends on the specific territory and location of objects.

Adjacent territory of an apartment building: standards, SNiP

The size of the adjacent plot is calculated separately in each specific case. Its area is influenced by the density of buildings around it, the number of storeys of the building, and the location of roads and public passages near the house. According to the rules, the minimum size is a plot that is equal to the area of the house itself. However, if space allows, they use a special formula and calculate the product of the living space in the house by the specific unit of land share per square of housing. The specific unit is prescribed in SNiP: the adjacent territory of an apartment building depends on the year it was built. If two houses claim the common space or there are common passages, the formula will be more complicated.

How to find out who owns the land and how many meters the adjacent territory of an apartment building is

Residents often forget to check with the developer whether the land has been surveyed and how it is registered. You can obtain an extract from the state cadastral registration organization that shows specific boundaries and information about who owns the space.

The owner is the municipality. In this case, the land is leased to the residents, and the terms of the lease can be obtained either from the management company or from the district MFC. At the same time, the state disposes of this site and can sell the land for the construction of a parking lot or a supermarket, etc.
The owners are the residents of the house. In this case, it is necessary to pay for the maintenance of the site (payment is calculated in proportion to the square meters of each apartment). Residents of the house must choose whether they will maintain the site themselves, or hire a cooperative, HOA or management organization to do this. All issues regarding the disposal of land in this case are resolved exclusively by a meeting of residents.

If the site is not registered in the cadastral register, and residents want to independently manage the territory and engage in landscaping work, it is necessary to carry out land surveying and registration.

How to draw up the boundaries of the local area of an apartment building: 5 steps

1. Conduct a meeting of apartment owners with a turnout of at least 50% and identify the person responsible for submitting the application.

2. Contact the Department of Land Resources and submit an application.

3. Contact local authorities or the MFC and submit an application for the formation of a site and approval of the draft boundaries.

4. Local self-government bodies, guided by methodological recommendations for the formation of local areas, carry out land surveying and establish the boundaries of the site. According to the law, the formed territory, registered with the cadastral organization, is transferred to the use of apartment owners.

5. Register the site with the Registration Service Department to prevent registration by third parties.

Decoration of the local area: pros and cons

Pros:

No new buildings will be erected in the courtyard: kiosks, high-rise buildings, supermarkets, etc.
Residents themselves can decide whether to rent out the land, or build a parking lot, and direct the profits to the needs of the house.
It's free.

Minuses:

Only playgrounds and sports grounds, as well as garages belonging to disabled people, can be located on the site.
Residents will have to pay for repairs and landscaping work.
You will need to find a company on a reimbursable basis that will maintain the territory.

Issues of improvement of the local area of an apartment building

Landscaping of the local area of an apartment building

Landscaping is carried out in accordance with the design of the landscape planning organization of the sites, which must comply with fire safety rules and sanitary and hygienic standards. Plantings along driveways and walkways cannot encroach on their territory or reduce their size. Some plants can cause allergic reactions in residents. There is a specific list of plants that are suitable for use in a particular climate zone.

Fencing the local area of an apartment building

Fences, barriers and other types of barriers can be installed on the site if they do not interfere with access to other houses, the entry of fire equipment and do not contradict fire safety standards. The territory can only be limited if the site is documented, belongs to residents, and its boundaries are defined in the relevant documents.

Cleaning the local area of an apartment building

If the space is not registered in the cadastre, the municipality deals with cleaning issues. If registered, the cleaning can be done by a management company, a housing cooperative or a third-party organization. The residents of the house decide at a meeting who will be entrusted with the work. Remember that the company can only be liable to residents as a result of concluding an appropriate agreement. The cost of cleaning is calculated in proportion to the area of the apartment: the larger it is, the higher the cleaning costs.

The list of cleaning work includes mowing grass, painting fences and barriers, collecting and removing garbage, cleaning sidewalks, emptying trash cans, servicing garbage cans, etc. The frequency and rules for cleaning the local area are prescribed in the current city legislation and regulated by the Rules for the maintenance of residential buildings and local areas. The permeability of the territory, temperature and precipitation are taken into account, and the time frame for completing the work is established.

Repair of the local area of an apartment building

Repairs are carried out either by the municipality or by the management company, and in the latter case they are paid for by the residents. The list of works includes the repair of recreational and public areas, restoration and major repairs of the road surface in the yard.

Solving issues related to the improvement and maintenance of the local area of an apartment building will help make the yard clean, cozy, safe and convenient for residents.

Many people have heard about such a concept as a local area. But few people understand what it is, where exactly it is located and what it is needed for.

At the same time, residents of apartment buildings often have questions about the use of this territory and the costs of its maintenance. The local area is not only a piece of land, but also a part of common property, the nuances of whose management everyone should know.

What is the local area of an apartment building according to the laws?

What is a local area? In simple terms, this is the land located near the house.

There is no clear definition of this concept in the legislation. And legal regulation of the territories adjacent to houses is carried out by the norms of various legislative acts.

According to civil law, a distinctive feature of real estate is its inextricable connection with the land. It is needed not only for the construction of various buildings and structures on it, but also for their operation.

The Housing Code of the Russian Federation establishes the right of all residents of a house, including the plot of land on which it is located.

In addition to the land itself, the legislator classifies the following as common property of residents:

green spaces;
improvement objects;
other objects necessary for the operation (maintenance) of the house.

Therefore, according to the law, the described territory is the plot of land under and around the house itself. This means that its use is also regulated by land legislation.
The joint property of the residents of the high-rise building also includes playgrounds for children, parking lots, transformer booths, green spaces, garages and other objects located on this site, located on this site, and improving its yard.

Certain issues relating to the boundaries and size of such territories are resolved using the norms of the Town Planning Code.

How is the size of local areas determined?

Adjacent territories, like any other land plots, must have certain boundaries.

The law does not establish a single size for such territories. All houses have different sizes, locations, and building conditions, so the area is determined individually. To calculate it, the following indicators are used:

the area of all residential premises of the house;
share of land per square meter of housing;
age, number of floors of the house.

In addition, the development conditions of the area and the location of the house relative to other buildings and objects based on urban planning standards are also taken into account. If the courtyard land was registered in the prescribed manner, then information about it is included in the Unified Cadastre.

And the exact characteristics of the plot, including its size and boundaries, are reflected in the cadastral passports. For (the boundaries of) the yard territory are determined by the terms of contracts and other documentation about.

However, not all adjacent plots have been formalized and registered. Without going through this procedure, it will be impossible to establish the boundaries of the territory and resolve issues of its use.

Who should maintain the homestead lands?

The answer to this question will depend on whether the site has passed the registration and cadastral registration procedure. If yes, then it becomes the property of all tenants of the house.

And any owner, in addition to the rights to own and use property, also has the obligation to maintain it. Article 158 of the Housing Code of the Russian Federation establishes an obligation for residents to participate in the costs of maintaining common property, including land.

Everyone must bear these costs in proportion to their share, that is, the area of the apartment.

Direct care activities for the pre-house land are carried out by the residents themselves, the HOA or the management organization chosen by them.

Their task includes maintaining its cleanliness, removing garbage, landscaping, and landscaping. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 establishes the plot and the rest of the common property.

The condition of the adjacent plot of land should not violate the requirements of sanitary, urban planning and other legislative norms.

If the plot is not formed by the residents, then it will actually be in the possession of the municipality. Then he will need to participate in the maintenance of the land.

Disposal of local land

If all the necessary procedures have been completed, then it becomes the common property of all residents (owners) of the house.

According to the norms of civil and housing legislation, they are entitled to use, own and dispose of their property. Since property is common, decisions on how to dispose of it must be made jointly.

At a general meeting, they can agree on the construction of children's or sports grounds, parking lots, installation of benches, planting of plants, advertising, and other objects on the site.

They also have the right to enter into agreements with other persons on the use of this territory on a paid basis. Residents must manage their land wisely in accordance with the requirements of the law. It should be borne in mind that they do not have the right to restrict the movement of other persons in the local area.

In addition, the passage of special services should be ensured.

Nuances

What nuances may arise when establishing the size of the local area and when determining the costs of its maintenance?

To operate any buildings, an adjacent land area is required. Determining its boundaries and the persons responsible for maintaining it for private houses is not difficult.

This is not so easy to do with courtyard areas of high-rise buildings. If plots of land have undergone the registration procedure and are registered in the cadastre even before the new Housing Code came into force, then they automatically pass into the possession of all owners of the residential premises of the house completely free of charge.

If the site is not formed, then residents can jointly decide on the need to allocate it to common ownership.

Then they can contact the municipality or other authorized body to decide on the formation and allocation of a house plot. It is important to understand that from the moment the rights to the site are transferred to them, they also accept responsibilities for its maintenance.

conclusions

Residents of apartment buildings often do not think about the issues of ownership and maintenance of adjacent plots of land.

However, if a landfill or parking lot is set up under the windows of the house, this becomes relevant. Owners of high-rise buildings should be aware of the status of the territory near their home, the rights to it, and the rules for its maintenance.

You can find out more about who owns the local area by watching the video:

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04 Apr 2017