Fencing of multi-apartment residential buildings. We cut off the excess. How to fence your yard without breaking the law. Adhere to the following land surveying principles

03.10.2023

Text: Anastasia Dorofeeva

At the end of April - beginning of May, utility services dismantled yellow-green fences around front gardens and lawns between houses throughout Moscow. This was noticed social network users. The mayor's office explained the demolition of the fences by saying that they were outdated: morally and physically. Urbanists rejoiced - in their opinion, low fences are useless, take up space and do not actually protect lawns from pedestrians and cars. If desired, they can be easily stepped over - for these reasons, such structures are not used in Western countries. But it turned out that it was too early to rejoice: judging by the documents, new fences will soon appear in place of the yellow-green fences.

The Village tried to find out why the fences were being put back in place after demolition and why the fences were painted right before dismantling.

Why the fences were demolished and how the townspeople reacted to it

According to official statements, yellow-green fences were demolished throughout the city, with the exception of places where they are functionally necessary, for example, blocking the yard from the passage of cars. According to Petr Ivanov, a specialist at the RANEPA Department of Territorial Development, officials “accidentally made a decision that unexpectedly led to an aesthetically good result.”

Townspeople greeted the innovation ambiguously - almost immediately there were those who wanted to keep the fences in their yard. To do this, you need to create an initiative group and contact the government or directly to Zhilishchnik. This is what, for example, residents of one of the houses in the Teply Stan area did, drawing up the minutes of the general meeting of the owners of an apartment building.

But still, it was not the fact of demolition itself that raised more questions among the townspeople, but the fact that a few days before almost all the fences were painted.

The mayor's office and the city housing and communal services department were unable to answer inquiries about the reasons for this illogical decision and how much the painting cost the budget.

Soon after the fences were demolished, social media users also began complain to the fact that cars began to park on lawns. IN comments To such posts, citizens shared photographs of cars left on their lawns:

What will appear in place of fences

Prefect of the Central Administrative District Vladimir Goverdovsky said in an interview that a hedge would be a good way to combat cars on lawns after dismantling the fences. According to him, it is in most cases that it is planned to replace lawn fences during the spring-summer landscaping period.

At the same time, judging by the documents on the government procurement website, new lawn fences will still appear. For example, “Zhilischnik” of the Danilovsky district has an open auction for “supply of lawn fencing for the needs of the State Budgetary Institution” in the amount of 5,854,679 rubles. The situation is the same with the “Zhilishchnik” district of Vykhino-Zhulebino, only there they are willing to pay 1,352,932 rubles from the city budget for the “production and installation of metal fences in courtyard areas” that are being demolished. And “the purchase of a lawn fencing to carry out work to improve the courtyard areas of the Koptevo district” is listed among those completed in early May. Based on the results of the auction, a company was chosen that was ready to do the work for 1,693,894 rubles. In the procurement documents we were able to find images of fences that are planned to be installed at several addresses in different parts of the district.

The tender documentation contained a list of addresses where such fences would be installed: using Google Street Views, it was possible to determine that they mainly fence off parking lots from lawns. Initially, the mayor's office did not plan to return fences to such places.

From procurement documents from “Zhilishchniki” in other districts it follows that lawn fences LGO-10 and “Rainbow” will be installed there. They look like this:

To find out why new fences are being put up in place of demolished fences, including in areas where we are not talking about separating the roadway, we called Zhilischniki, which posted this documentation on the government procurement portal. We were able to contact only the organization in Koptev, where they could not answer the question. It was also impossible to get a comment from the district administrations.

Old new fences

Meanwhile, new fences have already begun to appear in the places where the fences were demolished, corresponding to the image from Koptev’s “Zhilischnik” order. These are the same low fences, only not yellow-green, but black. Procurement documents for other districts also indicate that black, gray and pistachio paints are now being purchased for fences.

In the “Zhilishchnik” of the Khoroshevo-Mnevniki district, they commented on this phenomenon as follows:

“We are installing black new fences in the courtyards of complex landscaping, fencing children’s playgrounds at the expense of the district government. Residents are asking for the fences to be returned, and we are trying to meet them halfway. Everything we do is done at the request of residents, only we did not remove the fences at their request».

There is a local area that should be used for recreation of residents, taking into account the wishes of the majority of homeowners. Subject to compliance with regulations, it is permitted to fence the adjacent territory of an apartment building with parking for personal vehicles of building residents, recreation areas and special green areas.

Fencing the territory of an apartment building

Many cities in our country use special programs aimed at improving and related to apartment buildings built after 2007. To participate in the program, the HOA must submit an application with the necessary documentation:

The collected package of documents is submitted to the local government administration taking into account the specified deadlines.

Near each residential building, a local area must be defined with an area according to the standards, taking into account the living residents and located objects related to common property. All actions are carried out on the basis of the current rules: “On the procedure for installing fences in the local area”, taking into account nearby houses. The rights of owners are defined in the Land Code of the Russian Federation, Art. 36 and are valid without the issuance of a special legal act.

Option for fencing the local area

Based on the provisions of the code, residents can make decisions at a general meeting on carrying out various works to fencing the local area: platforms, and other necessary objects.

The rights of house residents are enshrined in legal acts:

In addition to the law “On the implementation of the Housing Code of the Russian Federation.”
In Resolution of the Plenum of the Armed Forces of the Russian Federation No. 16.
In the Resolution of the Arbitration Court of the Russian Federation No. 22.

Decoration of local objects

All objects located on the adjacent land plot are subject to strict registration in the municipal organization and the demolition or construction of new objects must necessarily be coordinated with the local administration of the district. To limit the use of the local area, fences can be erected:

Schemes and patterns of forged fences for home areas

completely restricting access to unauthorized persons;
partially preventing entry into the site.

Fences can be erected as fences:

decorative made from various materials (mesh, wood, forged metal, plastic).
should vary within 0.5-2 meters.

Additionally, they can be equipped with electronic locks and intercoms, which can be opened using a code key or card. It is also necessary to provide a system for prompt opening of gates for the passage of vehicles of special units: firefighters, police, ambulances, taxis, maintenance of gas and electrical communications.

Design of automatic gates for fencing the local area

To prevent the passage of unauthorized vehicles, a barrier is installed at the entrance, the installation of which is permitted only by decision of the State Inspectorate for Architectural and Construction Supervision. Fences can also be installed to limit special objects: areas for installing containers for waste collection, sports, children's playgrounds.

If necessary, temporary fencing can be erected:

during repair work of utility networks, road surfaces;
travel on the road due to an accident, special events.

Work approval procedure

The construction of fencing around objects in the local area is strictly regulated and must meet certain requirements reflected in the current town planning code and compliance rules.
The decision to erect a fence is, first of all, discussed and adopted at a general meeting of residents (2/3 of the majority of those participating in the meeting).

Before the start of construction, mandatory approval is made with special city services (territorial):

Inspectorate for control in the field of architectural and construction supervision.
Territorial division of the Ministry of Emergency Situations.
Police Department.
Ambulance service.

The construction of any fence should not impede the passage of special vehicles and free access to residents of the house.

The process of installing a fence in the local area

Fences erected without permission are subject to demolition with the imposition of penalties on those responsible. When a decision is made to fence an adjacent area, meetings related to the cost of the upcoming work are often organized at a general meeting of residents. The entire scope of work is paid for by the residents of the house. For this purpose, the house committee organizes a collection of funds, the total amount of which is divided proportionally between all residents. To complete the scope of work, a phased plan for the construction of objects is drawn up, specifying all costs, and approved at a general meeting of residents.

Prevention of violations

Fences erected in the local area without proper registration must be eliminated as soon as possible.
When constructing an object without authorization on the local area, you must:

Drawing with dimensions of fencing for the territory of the house

Take photographs of an object erected without permission.
Collect information about the violation and clarify its data.
Complete and submit an application to the Department of Construction and Architecture or the Department of Property Management.

Types of fencing

There must be a certain procedure for installing fences around the house in the local area. Various materials are used to fence areas and surrounding areas, which prevent the entry of unauthorized persons and at the same time serve as a decorative decoration for the adjacent area. The choice of material mainly depends on the functions required for the fence and the cost of the material used.

Fencing the territory using blocks

Factors also play an important role - the strength and durability of the erected fence during operation, resistance to the effects of natural precipitation, and maintainability in case of possible damage. For fencing the territory and internal areas, various materials are also used in accordance with the assigned tasks.

The materials for installing fences are:

Its square footage, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, the management company providing housing and communal services in a particular building calculates the costs of utilities - electricity supply, garbage removal and maintaining cleanliness in general, etc.

If there are no documents for this site, and the rights to it have not been registered with government agencies, then the costs of its maintenance fall on the municipality.

His area is calculated taking into account:

Number of floors of the building.
Number of elevators and public roads.

Requirements for improvement are determined by the norms of a particular locality. General provisions valid throughout the country are established on the basis of sanitary standards.

Minimum responsibilities are:

Carry out work on the construction of structures and recreational facilities for children and adults. This also includes the repair of such facilities.
Engage in landscaping and cultivating planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain the greenery in proper form.
Designate places for household waste, ensure their cleanliness and timely removal.
Cleaning - sweeping sidewalks in the warm season and clearing of snow during winter.
Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
Arrange parking areas where vehicles will be parked.

As a rule, developers carry out one-time work. Homeowners in a building can independently determine who will do this activity and increase the list of work performed. With a competent approach to managing the house and the surrounding area, residents can reduce their costs and increase the comfort of their stay.

Rules for installing fences

Legality

First of all, the construction and use of fences needs coordinate with the administration.

Such areas may be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.

Construction order

To begin with there must be a meeting of residents was held, at which a decision will be made on the need to install a fence.

To the local administration a statement is being written requesting permission to erect a fence of a certain height and size. It will be necessary to provide a plan for the future facility, which must be agreed upon with government agencies. If no violations are found, permission to install is given.

Where to complain in case of illegal installation

If the fence was installed without the consent of the residents of the house, an application can be submitted to the administration, prosecutor's office, Rosreestr and other authorities.

Arbitrage practice

Most often, controversial situations between homeowners, homeowners associations and management companies arise due to the area of a given territory. This zone in houses built during the USSR was later privatized free of charge by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of SNiP on urban planning.

This leads to the fact that it is necessary to find out in court what objects can really be located here, who is their owner and, therefore, who should monitor them.

Punishment for unauthorized increase in area

The area of the measured plot attached to the house is registered with the registration authorities.

Based on the results of surveying the local area, a site plan is also issued.

If these boundaries were violated, this may lead to administrative or criminal punishment - a fine or other measure, determined depending on the nature of the violation (borders were violated, incorrect information was transmitted to government agencies, etc.).

About the local area of apartment buildings, see the following video:

A fence around the house guarantees greater safety for residents, so more and more often owners of private houses and apartments are asking about the procedure for installing fences in local areas.

A fence can be installed if the local area is registered as the common property of the residents. If the house was built before the introduction of the Housing Code of the Russian Federation, and the adjacent territory is still owned by the municipality, it is necessary to privatize the land plot.

There are several types of fencing. Some provide a complete ban on access to the territory (high iron, wooden and stone fences), others partially block access (barrier, low fence). Sometimes fences are not installed along the perimeter of the entire territory, but around playgrounds, lawns, garbage cans, parking lots or sports fields.

Fencing the local area of an apartment building

When it is planned to fence the local area of an apartment building, the law takes the side of the residents. The fence installation procedure is as follows:

at a general meeting of residents, a decision is made to install a fence, residents decide on the type and design of the fence, its cost, and develop a plan;
the plan is coordinated with the architectural and construction inspection, the Ministry of Emergency Situations, the ambulance service and the police;
residents pay for the installation of the fence from an individual house account or through fundraising from apartment owners;
the fence is installed according to plan taking into account safety requirements.

The fence should not interfere with access to communications, such as pipes and wires. If the fence can be quickly dismantled in the event of an accident, it can be installed above underground pipes.

The height of the fence cannot be more than 2 meters. Targeted metal mesh around children's or sports grounds, garbage cans can be up to 3 meters.

Fencing the local area of a private house

Private houses are owned by one person or family, so approval from federal services is not required when installing a fence. The main thing is to know what kind of fence there should be between neighbors according to the law.

The height of the fence between neighbors in a private house is one and a half meters. A solid, solid fence between neighbors is not allowed, only mesh or lattice structures. A blind fence can be installed on the street side. These fence standards between neighbors are designed to protect the neighboring territory from shading. Regional authorities may set other standards.

The fence must be installed on the border of the land plot. It is not allowed to support fence elements on the neighboring site. If the fence is wide, it should all be on the property of the home owner. The fence must comply with sanitary, household and fire safety standards.

Installation of fences in the local area in Moscow

If you want to fence the adjacent territory of an apartment building or private building in Moscow, the Legal Resolution Company will help you draw up documents and carry out approvals. We will also help you settle the payment for the fence from your home account and ensure that the fence complies with the law.

If fences were illegally installed on the common area of your home, we will go to court on your behalf to demand that they be demolished as soon as possible. Call!