Do residents of high-rise buildings have the right to grow flowers under their windows? House territory: who is the owner on it? Neighbors are planting a vegetable garden under the windows

You can plant small shrubs and flowers (plants that decorate the territory) near the house, and in some cases even vegetables and herbs, but provided that the land plot is the common property of an apartment building and at a general meeting of residents, a majority of votes decided to use the plot exactly as a vegetable garden. AiF.ru found out from an expert in which cases it is possible to use the local area for a vegetable garden, and in which it is not, and when planting vegetables in the beds may turn into an administrative penalty.

How, according to the law, can you equip a vegetable garden in the local area?

“This issue concerns the common property of residents of a particular house, and therefore an appropriate decision must be made. Secondly, the territory of this house must have certain boundaries. The land plot under the house must be registered in the cadastral register, its boundaries must be determined, and within the framework of the use, this is possible, "says Natalya Mikhailyukova, head of the legal service of the Russian Guild of Realtors.

Thus, before planting vegetables or greens in front of an apartment building, tenants-gardeners must hold a general meeting of owners of premises and put to a vote the question of the possibility of using the plot for beds. Only after consent is obtained and formalized by the minutes of the general meeting, they can plant garden crops.

If the land plot has not been formed and the state cadastral registration has not been carried out in relation to it, then the land under the apartment building is owned by the corresponding municipality. According to Mikhailyukova, it is impossible to arrange vegetable gardens on such a local area. “We cannot plant anything of our own in someone else’s garden,” the expert explains.

In which case it will not be possible to plant a garden even with the consent of all residents?

When decorating the beds in the local area, it is also very important to take into account the category of land and the conditions that determine its use.

“The main condition is the category of land. If, according to the terms of registration, it is provided for the placement of an apartment building without a personal plot, that is, without maintaining a personal subsidiary farm, then it is strictly forbidden to use this plot for other purposes and plant any agricultural plantings on it. This will violate the norms of land legislation in terms of misuse of land. It will also violate the rules of land use and development, which are established by local governments. Each local government has its own norms that establish the zones of use of this or that land. It will also not comply with the improvement rules, which are also different in each locality. Accordingly, this can lead to administrative liability, ”says Mikhailyukova.

What is the adjoining territory, who owns it, and how is privatization carried out?

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What features of such a plot should be known to residents of an apartment and private plot? What kind of landscaping work and who is obliged to perform?

We will answer these and other questions based on the norms that are relevant in 2020. The composition and area of ​​the adjoining plot are determined by the developers when designing the house.

But, as practice shows, instead of squares or sports grounds, shopping centers are often erected or parking spaces are equipped.

Let's figure out if the apartment owners have any rights, and can they claim this territory?

What if the children have nowhere to play, no benches, and nowhere to park a vehicle? What does the law say about this?

General points

Let's define what the adjoining territory is and why it is allocated.

After all, if the developers have not formed a place for construction, the building will be considered unauthorizedly erected, subject to demolition ().

What it is

The adjacent territory of apartment buildings is called the land plot that is adjacent to the house.

Persons who live in the house as an owner must maintain the adjacent territory in accordance with.

The adjacent territory is allocated for the construction of houses on it. Land is alienated by business entities in accordance with.

In the future, citizens can raise the issue of the privatization of the site or. The territory is inseparable from the house; it cannot be legally autonomous without construction.

What is its purpose

All owners of apartments and private houses should be aware of the role of the local area. You need to understand who is responsible for its improvement and cleaning.

Subjects can establish their own rules, but relying on the general formula for calculating the territory.

The following documents are also relevant:

1. Regulation on SNiP.
2. SanPiN RF.

What is considered the adjoining territory of an apartment building

All multi-storey residential buildings are documented connected to the land where they are located (this also applies to the land that is located nearby). Plots are registered and assigned a cadastral number.

The adjacent territory is:

• land under the building;
• elements of arrangement and gardening;
• sports and children's playground;
• car parking;
• fire passage;
• boiler room;
• transformer substation;
• other infrastructure facilities.

How to find out the boundaries

How many meters from the house is considered the property of the tenants? Some are sure that the adjacent territory should be 3-6 meters.

The boundaries of the site and its area are registered in.

This information is open - anyone can review it on the Rossreestr website by entering the minimum data.

According to the general formula, the area of ​​the site cannot be less than the area of ​​an apartment building. When determining the size of the local area, take into account:

• the area of ​​the site that is allocated for construction;
• the number of floors in the house;
• the density of the location of houses on the street;
• number of roads, etc.

Taking into account the fixed parameters, an estimate of costs will be drawn up. What are needed when maintaining the site.

If the site is not officially assigned to an apartment building. Then the cleaning and beautification is the responsibility of the local administration.

Adhere to the following principles of land surveying:

Who does it belong to

The land plot on which the building was built before 2005 was transferred to residents free of charge during privatization. At the same time, it was not required to obtain permission from a representative of the authorities.

A later acquisition can be of the following type:

If an accident occurs, the judge will oblige the very company that maintains the territory to compensate for the damage.

What is meant by the content of the site? - Provision of repair of structures and buildings, which is located on the local area.

It is also worth remembering that apartment owners do not have the right to restrict access to a building adjoining a service specialist.

Is privatization possible

What methods of privatization are available today? - You can create a condominium and document the transfer of land ownership.

A condominium is a legal entity, a non-profit company that is created by tenants to manage the house.

So you can improve the quality of housing and communal services and the correct use of common property.

The transfer of real estate into the ownership of condominiums is carried out as follows:

You will not be able to take back your territory, no matter which authority you contact, if you do not privatize the site.

If the tenants are the full-fledged owners of the land plot around the house, then no one will build anything on the plot without their permission.

If the land is registered in ownership, it will be assigned to citizens in equal shares, but taking into account the occupied area.

Benefits of having ownership rights:

1. After privatization, clear boundaries of the territory will be established, the price of cleaning and improvement can be adjusted.
2. You can arrange the territory at your own discretion.
3. It will also be clear where the funds paid each month go.
4. There will be an opportunity to prevent the construction of some kind of building.
5. It is possible to prohibit the entry of unauthorized vehicles, except for specialized ones - an ambulance, a fire brigade, etc.

The land plot is transferred to the ownership free of charge. Disadvantages of privatization:

1. We'll have to pay.
2. On the site, citizens have the right to place only a children's, sports ground, a garage section for disabled residents.
3. Repair of objects in the local area is carried out at the expense of citizens.

Landscaping

It is worth knowing such improvement standards:

1. Waste containers are installed.
2. They take out garbage and snow, provide drainage of rainwater.
3. Fences and benches are painted and repaired.
4. A recreation area and a playground are being erected and renovated.
5. Are engaged in landscaping the site.
6. Provide a safe stay.

Works also include:

• uprooting trees;
• garbage collection;
• arrangement of a lawn, flower beds;
• fertilizer application;
• production of a fence.

Thanks to landscaping, you can give the site an aesthetic look. Often, developers do not pay due attention to such events.

Leaving only mountains of construction waste on the territory. Landscaping is represented by a set of works.

Aimed at giving the land a proper well-groomed appearance. The works are not planned by the owners, the specialists of the management company.

Any landscaping work can be started after the area is cleared of debris.

It is impossible to cut down trees that are already growing on the site, unless there is a special permit. If planting is carried out, trees are chosen that will not litter the area.

Female species of mulberry, poplar are not planted. Planned work is carried out to eliminate and prevent the appearance of pests.

When choosing plants, weather conditions are taken into account:

• if there are severe frosts in winter, you should choose frost-resistant trees;
• it is desirable that the plants are resistant to drought.

Take into account soil moisture, relief and composition. Developers should carry out yard improvement work only if it is provided for by the agreement.

Landscaping can be:

• on the roofs;
• vertical;
• by the house.

The surface can be coated with this type:

• hard or soft;
• lawn;
• combined type.

Install:

• steps;
• ramp;
• ladder;
• side stones.

When landscaping, it is important to consider whether there is access to water. The developer must take care of the water supply and the tenants are obliged to carry out repairs in a timely manner.

It is important to plant trees and place fences so that they do not interfere with repairs.

If the landscaping is vertical, create a drainage system. It is worth taking care of lighting and other amenities. The fence can be made of brick, mesh, concrete, wood.

Plants can be used as decorations. Small fences are separating - they divide the territory into zones. For example, they shield the gazebo from the garden.

Asphalting

When considering the issue of what is included in the maintenance of the adjacent territory of an apartment building, you should not overlook the road surface.

Part of the local area must have a hard surface. It can be:

• concrete;
• asphalt.

They are laying new asphalt or repairing old ones. The work is carried out on the orders of public utilities or residents of the house.

Roadworks can be carried out by a specialized company employing qualified personnel.

Asphalting involves a complex of works that are performed after all documents have been agreed with the customers.

The complexity of the pavement will depend on the category of the site. The works are carried out using various materials and technologies.

Specialized company:

• remove the old layer of asphalt;
• will prepare the surface;
• will lay a new layer;
• will remove the garbage after the end of the work.

If the company has a good reputation, you can count on getting a guarantee. In order for the asphalt to last for a long time, high-quality materials must be used.

After laying, the joints must be treated with a special emulsion that has a bitumen base.

When drawing up an agreement with the company to which the work is entrusted, it is worthwhile to stipulate which stages will be carried out.

Installation of a barrier

Often, a recreation area near houses in the city center turns into a parking lot for other people's cars, especially near markets.

As a result, residents face additional inconveniences. If the roads are through, you are guaranteed additional problems.

The air will be smoky. It is noisy outside near such houses. There are oil stains on the roadway. And children can get under the wheels of a car.

In addition, residents have nowhere to park their vehicles. Does the situation sound familiar? There is a solution to this problem - install a barrier at the entrance to the courtyard.

Video: adjoining territory - a way to earn money or protection from invasion

Consider the legal nuances of installing a structure. You can just make a decision at the general meeting, but this is not enough.

It is worth adhering to the conditions prescribed in the legislation. The first thing that is required is to be the owner of the site near the apartment building.

When the BTI site is completed and registered, the owners have the right to improve the territory to their liking.

This means that it will be possible to install a barrier without coordinating such actions with representatives of the traffic police and the Ministry of Emergencies.

If the traffic police file claims, they can be challenged in court. What about the Emergencies Ministry? Just don’t hinder the free access of specialists.

The nuances of installing a barrier in the local area and the convenience of its use:

As for a private house

What are the features of the adjoining territory of an apartment building, we have identified. But what about the owners of real estate in the private sector. Let's consider the nuances.

How many meters according to the law

In the legislative documents there is no such thing as the adjoining territory of a private house. This expression is usually understood as a land plot, which is necessary for the owner of the facility for managing and servicing.

Such plots can be rented, and also be a citizen, be in homeless use.

A fence is installed at the boundaries of the site. Lands that have a fence in the form of a fence are considered no-man's land with a municipal form of ownership.

The site has the right to use citizens who can justify the need for its use.

For example, the territory is needed in order to ensure the departure of the car from the garage. But the municipal lot must not be closed off for use by others.

The area of ​​the adjoining plot of an apartment building is determined according to a specific formula. But it does not apply to private buildings.

Limit limits are not established by the law. The size of the territory will depend on how much land is privatized or.

You can focus on the following conditions for determining the area of ​​a plot in the private sector:

The authorized body is provided with a certificate of state registration of a land plot. The answer will be given within a month.

Emerging nuances

Citizens have the right to declare that improvement is needed if the site is the property of the municipality.

Improvement will be free of charge or carried out at the expense of the residents, sponsor. The administrative body has the right to be engaged in landscaping, but is not obliged.

It is important to take into account the interests of all residents during privatization. Often young families have children, transport, and therefore think about meeting their needs.

But it is also important to take into account the needs of the elderly category of citizens who need to provide a place for a walk.

It happens, and vice versa, the needs of children are not taken into account - the improvement is organized in such a way that children have nowhere to frolic. All rights holders must address the needs of all families.

If the space is misused, it is worth raising the issue at the general meeting. Sometimes the case is considered in court.

If new tenants have moved in, they can make their proposal for the use of the territory. But they cannot make claims regarding the way the site is used.

It is worth paying tax from the adjacent territory, which is used by tenants, if it is not rented and is not subleased. In this situation, the landlord pays the tax.

If the land is privatized, the tax is paid by the residents of the apartment building. The amount of the tax payment is determined taking into account the cadastral value of the site, established by the appraiser.

Decision and doubt
“I would like to express my doubts about the recent decision of the Pukhovichi regional executive committee,” - this is how Vladimir Mazhar, a resident of Pravdinsky, begins his appeal to the editorial office. We are talking about the elimination of vegetable gardens near apartment buildings. From the seventeenth house, where Vladimir Pavlovich lives, to the house opposite stretch "plots" about three meters wide. By the way, in comparison with others, they are in a normal state: they are cleaned, and they have no greenhouses and fences built from scrap materials. People grow vegetables and herbs there. There is no doubt, it is very convenient: I left the entrance and plucked everything necessary for the salad or dug up potatoes. But, it turns out, not everything is simple with this land issue ...
The head of the land management and geodetic service of the district, Alexander Dobritsky, explains that agricultural products should be grown on household plots with individual residential buildings, and there are no beds near apartment buildings. And it makes no difference whether there is such a house in the capital or in the village. It turns out: if you want to be engaged in gardening, change your apartment to a house with a plot. But for some reason no one from the “almost villages” had heard of this before? At that time, such ennobling of the land was even welcomed.
Vladimir Pavlovich calls the decision of the regional authorities to liquidate vegetable gardens rash. the opinion was also supported by some of those who came to the “spontaneous meeting” near house No. 17. But is this so?
In recent years, work has been carried out in Belarus to improve settlements, several programs are being implemented in this area. In particular, the State Comprehensive Program for the Development of Regions, Small and Medium Urban Settlements of the Republic of Belarus for 2007-2010. Local executive committees submit their proposals to the regional executive committees, on the basis of which regional improvement programs are created. This year, which has been declared the Year of the Native Land, the work is especially intensive. Improvement is understood in a broad sense: the construction of modern houses and bringing the old ones into proper condition and appearance, the ordering of unauthorized household buildings, the repair of streets, the establishment of trade and consumer services. Putting things in order in the adjoining territories is also an important aspect of landscaping ...
Alexander Dobrovolskiy, head of the production site No. З of the KUP Zhilkomslugi-Svisloch, notes: “The warning about the liquidation of vegetable gardens was issued to the residents of apartment buildings two years ago in accordance with the decision of the regional executive committee. Pravdinsky is the only village where no understanding can be found. In Gabrielevka, Svisloch, the Amicable issue has already been resolved. "
Gardens are a part of life ...
The houses built about forty years ago are inhabited mainly by people for whom the craving for the ground is in their blood. They, as our reader writes, are ready to dig up the asphalt in order to plant something. Of course, this is an exaggeration about asphalt. But the activity of gardeners, as we were explained, had an effect on something else. In response to the author's assertion that “some houses float in the water in the rain,” Zoya Volchek, chairman of the Pravdinsky village executive committee, noted that storm sewerage was not provided for during the construction of the village, a surface drainage was assumed. But as a result of unauthorized plowing, residents violated the layout of the village. Now we urgently need to resolve the issue with the most “floating” houses No. 6 and 7. It is planned to make a local storm drain. Simply put, a hole will be dug, a grate will be installed, the water will drain there and go further along the pipe.
Yes, for many, these beds are not only an activity for the soul, but also a help to retirement. Humanly, we felt very sorry for the elderly gardeners. But it is still impossible to say that everyone in apartment buildings is in favor of preserving the plots. For example, residents of houses No. 31 and 36 express dissatisfaction that they have to take their children to the garden bypassing them, since the passage between the houses is plowed up. There are also plots not far from the hospital, and dung flies fly into the open windows of the hospital. In addition, these gardens are far from an aesthetic spectacle.
Last year, only two areas were sowed with lawn grass. Then the work stalled: a human shield blocked the path of the tractor ... In the near future, according to Zoya Grigorievna, order will be restored near each of the twenty-one houses, which is almost three and a half hectares of illegally occupied land. What will be on it? Lawns, flower beds, trees, playgrounds, small architectural forms ... The main thing is that people take care of all this.
To live in a village and not have a piece of land? The Pravdin gardeners cannot understand this. True, the local authorities are ready to provide everyone with plots not far from the house, literally across the street. “Let them handle it, we will only welcome it. But there are no people willing to take land there, ”says the chairman of the village executive committee.
The residents of house No. 17 have their own opinion on this: “Yes, they will give something there, but the gardens need to be watered. Where to get water? From here it is impossible to wear it. It will be good if ten percent of the people who now have beds will go there. ”
People are actively discussing the prospect of the planned improvement, they say, will the lawns and flower beds be maintained ...
But Alexander Dobrovolsky assured: “There are tractors, a lawn mower, three trimmers. We are able to cultivate this land. We will definitely put things in order ”.
How are the orders being carried out?
In the letter of Vladimir Pavlovich, other problems are also raised. The author is convinced that they had to be solved before dealing with the elimination of vegetable gardens.
Many questions were raised by the residents of the village at a recent meeting with the chairman of the Pukhovichi regional executive committee Fyodor Karalenei. As for the equipment of the mini-market, a canopy has already been welded, which will be installed near the Pravdinsky supermarket. It is the fruit and vegetable products that will be sold there. The problem of accepting glass containers has also been resolved. The collection of recyclable materials should also be organized. In the meantime, containers for plastic waste have already been installed in the village, and it is planned to supply the same for glass.
Open a bathhouse, repair streets, establish a ventilation system in apartment buildings, complete the repair of the most problematic houses and the House of Culture ... In the list of instructions given by the district head, deadlines are set, those responsible for each event are named. Much has been planned by the local authorities themselves. In a word, work on the improvement of the village, like other settlements, is being carried out in all directions. This was explained to the citizens gathered at the 17th house, representatives of local and regional authorities. By the way, the head of the ideological work department of the Pukhovichi regional executive committee, Alexander Pavlovich, also went with us.
... Yes, it is necessary to restore order in the settlements in the Year of the Native Land. But the land issue is inherently complex; it is always a clash of interests. This is also confirmed by the situation with vegetable gardens in Pravdinsky. The task of the authorities is to make this land beautiful. But you can also understand people who have their own position. After all, for them it is not just pieces of land, but something much more.

From the editorial board: While the material was being prepared for publication, unsightly greenhouses, rickety fences, remnants of last year's dry plants, stones were removed in Pravdinskoye. Thus, the first stage of the improvement of the adjoining territories has been completed. How did people react to this? The village executive committee received two complaints. In one, a claim was made that it is not known where the “building materials” on the site were taken. The second applicant requested that the land conversion process be accelerated, that is, cultivate it with a cultivator.
It is always difficult to seek understanding, but this is the case when it is urgently needed ...

In the conditions of modern life, it is important to know what role is assigned to the adjacent territory of your house, as well as who is responsible for maintaining order on it. Interest in this topic is not at all idle, since the maintenance of a land plot in its normal form requires certain expenses from the owners, but with the skillful use of this resource, a nearby plot can also become a good source of income. So what is the adjoining territory of an apartment building and how to use it competently?

Buying an apartment, each shareholder knows for sure that after the completion of the transaction he will become. But at the same time, not every newcomer thinks about who owns the territory adjacent to the house. By simple logic, it should be the property of the residents of an apartment building built on it, because the adjoining plot with its squares, benches and playgrounds was originally planned for the recreation of people living in the house.

In practice, instead of residents, the territory adjacent to the house is often used by anyone and at their own discretion. Instead of a sports ground, a store is growing, and on the site of the park there is another new building. Can tenants become sovereign owners of the local area?

Composition and area of ​​the adjoining territory

The adjacent territory of an apartment building is land located around a residential building, which is defined and assigned to it by land management and town planning documentation within the allotted area. In addition to the house itself, on this territory there may be structures belonging to the house and non-residential premises necessary for the operation of high-rise buildings and meeting the needs of its residents and tenants. Residents of the apartment building, which is built on this site, should maintain its condition in a normal form, because it is their joint property.

The adjoining territory to the owners of apartments in a high-rise building is transferred free of charge, although it is considered an object of taxation. The amount of tax for each tenant depends on the number of apartments in the building, between which it is distributed proportionally.

The area, boundaries of the territory and its other parameters are displayed in. Based on these data, management companies calculate the costs of cleaning this area. If there is no appropriate registration of the local area, then its maintenance is provided by the administration of the municipality. How is the adjoining territory of an apartment building determined? The dimensions of the adjoining plot are determined on the basis of the existing density of the surrounding buildings, the number of floors in a residential building, and the presence of public roads.

The minimum size of the adjoining territory is considered to be a plot equal to the area of ​​the house itself. The size of the local area is determined by special formulas. The formula is taken as a basis, where the normative area of ​​the adjoining plot of an apartment building is calculated by the product of the total area of ​​the premises of the house by the specific indicator of the land share per 1 sq. m of housing, taking into account the number of storeys and the age of the building. In fact, the area of ​​the land plot determines the location of all other objects in relation to each other, the territory that was allocated to the developer for the construction of buildings and other aspects. The adjacent territory is not always registered in the cadastre. In such cases, the data of the technical passport of the land plot is used.

The house plot is a single territory, and it is impossible to allocate a part of it at the disposal of a separate entrance or for the sale of a separate apartment. According to the Rules for the maintenance of the common property of an apartment building (No. 491 dated 08.13.2006), the adjacent territory of an apartment building consists of:

• plot of land where the structure was erected;
• elements of landscaping and other landscaping;
• playgrounds and sports grounds;
• clothes dryers;
• collective parking lots;
• fire passages;
• transformer substations;
• heat points;
• other objects necessary for the normal operation of the house.

All listed objects must be located within the boundaries, which are indicated in the cadastral passport. Owners can entrust the management of their plot:

• house committee (independent management),
• HOA or other special non-profit organization;
• management company.

Use of land at the house

Its owners do not have the right to restrict access to the area around the house, as well as to fix any obstacles for the maintenance of utilities and the arrangement of the site. They have the opportunity to lease part of the space, place billboards on it, and equip a paid parking lot. The money raised can be used for general household needs: house renovation, partial payment of utilities, etc.

The fate of the adjoining territory of an apartment building - construction of playgrounds and sports grounds, planting trees, arranging parking lots and installing fence posts - is decided only at the general meeting of homeowners. The received profit is also collectively distributed. In order for the decision to be legitimate, half of all residents of the house must participate in the vote, in proportion for each apartment. If, after installing a fence on the site, the rights of people living in neighboring houses are violated, then, according to a court decision, it can be imposed on the adjacent territory. After such measures (if there is no other passage), the neighbors receive their legal right to freely move around your land plot.

Pros and cons of registration in the ownership of the local area

Should I take ownership of the adjacent territory? Arguments for":

• protection of the yard from illegal construction - shops, gas stations, residential buildings;
• making a profit with its further distribution for the improvement of the yard and the repair of entrances;
• the privatization of the site is free.

Allocation of the adjoining territory into common shared ownership gives residents the right to use it at their own discretion. If, according to building codes, paid parking can be installed on the adjacent territory of an apartment building, you can get a good income from motorists.

You can give permission to install a kiosk on the territory of the yard and dispose of all together the rent of its owner. The owners of the local area have the right to demand rent from the owners of hairdressing salons, supermarkets and other establishments, which are located on the ground floors with appropriate access roads and annexes, and transfer it to the account of the house.

Arguments against":

• the need to pay land tax;
• only playgrounds and sports grounds can be placed on the site, as well as garages for disabled people and participants in the Second World War:
• repair and maintenance of the territory (including roads, inner-yard passages) is now carried out at the expense of the owners of the house.

While the roads and the adjacent territory are in municipal ownership, they are somehow patched up from the city budget. By the way, patching of 1 sq. m of asphalt costs 700 rubles, and capital - 1000 rubles.

Who owns the adjoining territory of an apartment building and who should pay for what? The adjacent territory belongs to a residential building, its maintenance and operation are carried out together with the house from one source, that is, at the expense of the homeowners. In accordance with Art. 158 of the Housing Code, the owner of a dwelling in an apartment building must also take part in the costs of maintaining common property in proportion to his share in the right of common property. And it, in turn, is proportional to the total area of ​​the apartment, which belongs to its owner. The scheme is simple - the larger the living space, the higher the payment for the maintenance of the adjoining plot, its owner is obliged to pay. So why is this privatization necessary?

The need to privatize the land plot MKD

The appearance of a new residential building, gas station or supermarket on the adjacent territory is a common occurrence. And this is happening due to the reduction of playgrounds and green recreation areas. The saddest thing is that the tenants cannot influence the situation in any way, even when contacting all the competent authorities. If, according to the law, the land does not belong to you, then someone else will dispose of it.

But if the owners of housing, then without the permission of the owners, no one can build anything on it. The privatization of land near the house will clearly define the boundaries of the adjacent territory, which will allow adjusting the cost of cleaning and landscaping the site. Everyone will finally understand where their monthly fees are going.

This is, so to speak, the tip of the iceberg. Most of their apartments are now being privatized, and if suddenly a natural disaster (fire, gas explosion) occurs with the house, or if the housing is simply in disrepair from old age, there is no reason to hope for new apartments from the state today. In such a situation, the land can be sold in order to recover their losses and not be on the street. If the arguments are convincing, it is worth learning how to formalize the rights of residents to their territory.

Claim the rights to the site

The law provides for three ways to determine the area of ​​adjoining plots: the first - for new buildings, the second and third - for houses built a long time ago. In the first version, MKD undergoes a mandatory cadastral registration procedure, during which the size and boundaries of the adjacent territory are established, and only after that the house is put into operation. The formation of the land plot is carried out by the developer, respectively, and the cost of work is included in the cost of the purchased housing. If the territory adjacent to the house is transferred to tenants in common shared ownership free of charge (for old apartment buildings that were put into operation during the Soviet era, before the appearance of the Housing Code (1.03.2005), then two other options are used: when the territory is already in the cadastral register and the other when the land is not registered There are some nuances regarding the plots that are registered with the state in the cadastre.

If the territory was formed before the start of the Housing Code, then, formally, nothing seems to be needed to transfer to shared ownership. But in practice, residents must apply to the Federal Registration Service to register their right to share ownership of the adjacent territory. In the language of lawyers, such registration is not legal, but legal. This means that all the rights and obligations of the owner in relation to their territory are acquired by the tenants of the house, regardless of the re-registration.

The second option is the most common: the adjoining territory was not formed (this means that there are no documents for it in the cadastral registration) before the appearance of the Housing Code. For a free transition to the common shared ownership of such a territory, the general procedure for its registration must be observed:

1. Make a decision on the need to form the territory and conduct a cadastral registration (the decision is made by the general meeting of home owners).
2. Prepare an application for the relevant authorities to transfer the territory from municipal (state) ownership to the ownership of homeowners.
3. Apply with the documents for state registration of the right of common shared ownership of the adjoining territory to the local department of the cadastre.

Officials consider the application and form a land plot with cadastral registration. After this procedure, the territory becomes the property of the residents of the house (free of charge).

Re-calculate the maintenance and improvement of the site

The list of services for the improvement and sanitary maintenance of the site includes:

• cleaning of the local area;
• garbage and snow removal;
• arrangement and maintenance of lawns;
• laying out flower beds and caring for flowers in the summer season;
• production of a metal fence for the territory of courtyards;
• playground equipment (slides, sandboxes);
• cleaning and painting of the facade (cladding, gratings, gates, benches).

There have always been enough complaints about the quality of these types of services, especially in winter, when snow drifts do not allow getting out of the house normally, and untimely cleaning of the site in summer or disruption of the schedule for removing household waste is also a common occurrence. Naturally, if the services or work performed does not correspond to the declared level, the company must reconsider the rates for payment. An application for revising tariffs (with mandatory registration) is sent by the owners of the site in writing no later than 6 months after the observed violation. The basis for reducing the amount of payment for the deterioration of the quality of the maintenance of common property will be an act reflecting all the facts of the provision of services not at the proper level, which is made by the owners and the management company.

Legislative imperfection

The quality of the maintenance and improvement of the adjacent territories of apartment buildings is not the only problem for its owners. According to general formulas, the area of ​​the adjoining plot should not be less than the area of ​​the entire apartment building, more often it is much larger. The documents on which all calculations are carried out today, after the introduction of the Housing Code of the Russian Federation, are morally outdated, which is what some municipal authorities successfully use locally. In some cities, disproportionately huge areas of land are hung on the owners of the local area, which have nothing to do with their residential building. A number of other settlements (for example, Rostov) have gone to the other extreme, leaving the residents of the apartment block without a local area at all. The President instructed to prepare a regulatory document with new principles for the formation of the local area under the MKD, but today the land is still an object of speculation and arbitrariness.

It is not always easy to privatize the adjacent territory of an apartment building, but in the end, residents will be sure that only they will manage the land near their house.