How is it determined?
Often we ourselves witness that in place of a park, a playground, and other structures useful for citizens, a parking lot or retail space appears, which regularly pay rent to management organizations (find out the rules for organizing parking and a children's playground in the local area).
Therefore, it would be useful for the residents themselves to find out what is included, how the calculation of the adjacent territory of an apartment building in the Russian Federation occurs, how they can dispose of it, and also what rights management organizations have to this site (about how the site can be disposed of and the rules use, you can find out here).
Article 16 of Federal Law No. 189 tells us that the land on which an apartment building is located belongs under common rights to all owners of the premises in this building. But, despite what the law says, the local area is often used for other purposes. And in accordance with the act of accepting the transfer from the developer to the management organization of the apartment building, various indicators of the footage of the plot are indicated.
In some cases, the local area can be extensive and include a number of other buildings. In other situations, the local area is the land on which the house stands and nothing more.
In accordance with the paragraphs of the Housing Code, the local area is an area that ensures the normal operation of a residential building. Its size will be regulated in accordance with urban planning regulations.
Various important areas should be located in the local area. These include fire lanes, playgrounds, garages, recreation areas, public gardens, places for walking with children and dogs. You can find out who should be involved in landscaping the local area in this article.
You can get acquainted with the layout plan of the local area specifically for your house by obtaining a construction plan from the management organization or developer company.
A survey of the built-up area must be carried out. Only after this procedure can we talk about which territory is recognized as a common home.
Read more about what defining the boundaries of a local area is and what rights owners have here.
What is included in the area around an apartment building?
According to the Housing Code of the Russian Federation, it may include the following infrastructure facilities:
- the plot of land on which the house is built;
- green areas and other landscaping and landscaping elements;
- children's and sports grounds;
- places for parking and collective parking of vehicles;
- equipped places for drying clothes;
- electrical substations and transformers;
- individual garages and cellars, as well as special passages for fire equipment.
All of the above objects must be located within the local area.
How is landscaping usually done?
Permitted types of activities for landscaping adjacent areas include:
- arranging flower beds, lawns, planting low-growing shrubs and caring for them;
- production of iron fences for green areas;
- arrangement of balconies with boxes of flowers (they must correspond to the design of the house;
- installation of additional fasteners is possible only with permission).
When carrying out landscaping, the following are prohibited:
- landing;
- transfer;
- cutting and crowning of perennial trees, as well as dead wood.
Landscaping work in areas that are in shared ownership is carried out with the money of the share owners.
What are the features of landscaping?
In addition to landscaping work, the improvement of local areas includes the arrangement of children's and sports grounds , the installation of fences, snow and garbage removal and other work. At the same time, you should know that the placement of children's and sports grounds should be done as close as possible to the house itself , but at the same time it should not interfere with the free passage of cars, and also not block passages for firefighting and other special equipment.
The following types of fences may be erected in the local area:
- green hedge up to one and a half meters high;
- decorative fences made of iron, stone or wood;
- as well as the installation of barriers to partially restrict passage.
In addition, it is allowed to install continuous fences around playgrounds , waste storage areas and other target objects, as well as the installation of temporary fences during construction work.
How wide is the passage?
The width of the main road for the passage of motor vehicles inside the local area should be 3 meters, and alleys and secondary roads should have a width of 2.75 meters.
But it should be taken into account that there must also be special passages for fire extinguishing vehicles. According to SNiP, their width directly depends on the height of the building. At the same time, their minimum width must be at least 6 meters, and their maximum - no more than 16 meters.
In some cases, it is permissible to count their width together with the sidewalk adjacent to the entrance. In addition, if the road in the local area ends in a dead end, then there must be a turning area for special fire equipment with dimensions of at least 15 meters X 15 meters.
Parking cars in driveways or blocking them for a long time is strictly prohibited.
This is important to know: How to organize SNT and get land
Guided by the rules described above, residents of any house can carry out landscaping and construction of permitted objects in their local area.
It is worth knowing that such decisions must be made collectively by the council of residents, and for the construction of large objects or landscaping with the help of trees, you must obtain permission from the local government.
The boundaries of the site are determined by an extract from the cadastral register, where all owners will be indicated in detail, as well as the boundaries of the territory.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
How many meters from the house is considered a local area?
From the fence.
Often developers install a special fence, thanks to which they protect the residents of an apartment building from strangers.
Sometimes no one is allowed into the aisles of the fence except the direct owners of the premises of the apartment building.
This measure allows you to protect the territory from prying eyes and, accordingly, debris, thereby prolonging its well-maintained condition for a long time.
Read more about who is responsible for cleaning the local area (yards) of an apartment building here.
How many meters from the fence is considered a local area and how many meters of local area can be allocated from the house to the immediate fence? To answer this question, you need to refer to the apartment building’s passport, which is kept by the management organization or the developer’s company.
This document indicates the size of the local area directly from the residential building to the installed fence.
What distance from the fence is considered a local area?
As a rule, the length of the distance from the house to the fence should not exceed 15 m. But sometimes the figures may vary.
More information about the local area and how to determine boundaries can be found here.
From the house.
How many meters from the house is considered the adjacent territory of an apartment building? Many residents want to establish the extent of the local area from the immediate home to the established restrictions. Many people believe that the local area should be limited to a couple of meters from the wall of the house. This is wrong.
Depending on which territory originally belonged to the developer’s company, the total size of the plot is determined. It is impossible to say unambiguously what frames a given area located near the house should contain.
Next to one building, the area of the adjacent territory of an apartment building may not exceed several square meters, while next to another building it can exceed tens or hundreds of square meters and accommodate many infrastructure facilities of an apartment building.
In order to form an opinion about what local area, or rather what its size, belongs directly to your home, you need to familiarize yourself with the land surveying documents, as well as the cadastral passport of the building.
Maximum and minimum size
The Town Planning Code does not clearly indicate what parameters a site in the local area should have. There are no strict data on what shape the plot should be and what its footage should be.
But the town planning code gives us the concept of the maximum and minimum size of a land plot owned by an apartment building.
Multi-storey buildings are built in different conditions, different areas and, accordingly, on different sites. It is not always possible for a development company to purchase a plot of land that would meet all the necessary requirements of future residents. This is where the concept of the minimum size of the local area of an apartment building comes from. Sometimes, a development company acquires a plot of land that is the size of a house.
Thus, when leaving the entrance, you immediately find yourself on territory that no longer belongs to your apartment building. That is, the minimum size of the building area is equal to the parameters of an apartment building.
As for the maximum size of the local area, it can vary from the minimum to the maximum. It can be limited only to other buildings that are not included in the infrastructure of the house, and the land survey plan. Unfortunately, the legislator did not leave any more specifics on this issue.
For more details about the standards for the size of the local area, read our article.
Standards of organization and service
Paragraph No. 491 defines the main objects that can and should be located on the local area:
- the land where the object itself was built;
- landscaping elements (landscaping, leisure, physical education, etc.);
- fire passages;
- heat supply points;
- transformer substations;
- other objects necessary for the normal maintenance and operation of an apartment building.
When distributing usable space, the main source of data on the actual area of the local area should be considered the cadastral passport. It is there that all the boundaries are clearly marked.
Homeowners can organize a house committee to manage the site and conduct related affairs. They also have the right to entrust the management of the common area to a homeowners association (HOA), management company, special non-profit organization, etc.
This is important to know: How a deed of gift for a house and land is drawn up
Regardless of who is involved in the formation, improvement and distribution of the adjacent territory of an apartment building, all obligations established by law must be covered and observed. Any change, including the installation of additional benches or another children's swing, as well as the demolition of one of the objects, must be documented and indicated in the cadastral passport.
Is it possible and how to increase it?
It often happens that residents do not have enough size of the local area.
Then the idea of expanding the local area comes to them. This plan can be realized by contacting the management organization.
There are two options for increasing the area. The first option involves renting a certain plot of land. Residents pay monthly rent for the plot and use it based on a contract.
The second method is the purchase of a land plot. Residents become full owners of a specific plot of land and dispose of it at their own discretion (read about whether it is allowed to register a plot of land and how to do it here).
The legislator provides for such options for expanding the local area and in every possible way encourages residents to independently carry out these actions as part of the protection of their rights.
Land registration
The legislation establishes 2 main options for registering the land under a house as your own. And they depend on the year when the house was put into operation. Residents of houses built before 2005 are advised to allocate their share of the plot and register it with the state. This must be done if the plot was not initially formed when the citizen received the apartment.
The second option was used after the new Housing Legislation came into force in 2005. Based on it, all land is divided into equal shares, and all owners are its common owners.
Accordingly, land registration was carried out by the developer when the building was put into operation. And when signing an agreement on the transfer of ownership of the apartment, the right of shared ownership of the plot of land located under the constructed house is transferred.
This is important to know: How to register land ownership if there are no documents for the land
What if they arbitrarily limit the size of the local area of an apartment building?
If a piece of land is actually being used for other purposes and residents are not told about it, then the owners of the premises have every right to file a claim in court.
To do this, residents must properly record the fact of the violation. Photography will be suitable, as well as a link to the developer’s plan where you can observe the actual dimensions of the local area.
After this, the initiative group of residents must draw up a statement and submit it to the competent authority, that is, to the court. Don't forget to get signatures from all residents.
The court will consider your application and if signs of an offense are visible, a court hearing will be scheduled.
During the court hearing, citizens can recover from the management organization or developer company moral damages, as well as benefits not received from the use of the land plot. In addition, an administrative fine will be assessed.
The court will decide to eliminate the injustice and give residents back the use of the illegally limited territory. Compliance with this requirement will be closely monitored by bailiffs and the Housing Inspectorate.
The housing inspectorate may be involved in this case, which will fine the violator an impressive amount, and will henceforth keep this organization under control.
Find out more information from our experts about the local area and its maintenance standards. Familiarize yourself with the nuances of repairing the local area, providing lighting, installing barriers, as well as paving and repairing roads.
