If trees interfere under the window of the house it is dark. Let there be light! “Where can you go to cut down a tree under the window legally? The apartment is very dark. Unauthorized log house: welcome or not
Dear Anastasia!
Owners of premises in apartment building bear the burden of the costs of maintaining common property in an apartment building, including the maintenance of green spaces, cleaning emergency trees, cutting branches.
All green spaces are registered. You can't just cut or cut them. If trees interfere with your life, then first of all you need to apply with a written statement to your management company... In a free-form application, write the essence of the problem: what particular tree is interfering with, its exact location, and for what reason you would like to cut or cut it down, indicate your phone number and the address to which you want to receive an answer.
The landscaping master goes to the place and determines the belonging of the green planting. If the tree is located on adjoining territory, the owners hold a general meeting with an agenda on the need to carry out work on sawing and utilization of green spaces, draw up a protocol general meeting with the register of owners present at the meeting (voting sheet). These documents are submitted to the Criminal Code and, on their basis, an application is made for the assessment of green spaces to the EcoFund.
Based on the results of the appraisal commission, the work can be performed by the management company, subject to the availability of funds from the owners of residential premises under the article "maintenance and repair of housing". In the event of emergencies or unforeseen work on the house, for example, when preparing a house for the heating season, the management company is often forced to postpone work on cutting trees.
If you cut it yourself, you will get a fine
Dear Anastasia!
In accordance with article 36 of the Housing Code of the Russian Federation land plot, on which the apartment building is located, with elements of landscaping and landscaping, is a common property. The use of common property, as well as changes or reduction of its composition, is carried out in accordance with article 46 of the Housing Code. Therefore, you have the right to decide this question at a general meeting of owners of premises in an apartment building. The decision to demolish a tree can be made with a quorum of 2/3 votes.
The source of funds is determined in accordance with the management agreement for the apartment building. In the absence of such works as part of the list of works and services for the maintenance and current repair of common property, cash can be collected at the expense of the owners of premises in an apartment building additionally.
If the majority of owners do not agree to remove the tree or you do not want to waste time and nerves on this whole procedure, you can cut the tree yourself. But then be prepared to pay a fine. According to Art. 8.28 of the Administrative Code, illegal felling of trees is punishable by a fine for citizens from 3 to 4 thousand rubles, and if equipment was used for this, then up to 5 thousand rubles. If you decide to hire a specialized company for this, then it may face a fine of up to 500 thousand rubles.
When there is a lot of greenery in the city, it's good. But what if the green foliage of the tree under the window does not make you happy, but only annoys, since even on the sunniest days the light does not penetrate the windows, you have to turn on the lighting all the time. The apartment is humid, cold, and all because a tree interferes with the penetration of sunlight.
What to do if a tree gets in the way? How to remove it from the local area?
It would seem that there is nothing difficult in cutting off too lush crowns, or even cutting down a tree that interferes with you in your own yard. However, the green spaces are under the control of the Conservation Directorate. environment and nature management of the city administration, so you can't just cut down a tree.
Where to contact the tenant of the house if a tree interferes?
So, if a tree interferes with your life (by the way, according to the norms of SNiP 23-05-95, trees should not grow closer than five meters from the house), then first of all you need to apply with a written application to your Management Company or HOA. Such services are referred to the article "housing maintenance", so you do not need to pay extra to the service organization.
In a free-form application, write the essence of the problem: what particular tree is interfering, and for what reason you would like to cut or cut it down, indicate your phone number and the address to which you want to receive an answer.
If you think that it is dark in your room due to the fact that the tree is blocking the sunlight, then you will first have to call Rospotrebnadzor to inspect the apartment for a discrepancy between the coefficient of natural illumination of the premises and the current sanitary standards, and attach the survey report to the application. Then the work of the management company or HOA begins.
The Criminal Code is obliged to answer you within 10 days.
If the tree was not cut down, and there was no answer, write a statement to your superiors. This may be the head of the Housing and Utilities Department, the district government, the Department of Housing and Utilities.
In the statements, refer to the lighting standards, to the fact that, according to SNiP 23-05-95, trees should not grow closer than five meters to the house. In each application, indicate the fact that the lower authority violated the procedure for considering complaints, that is, did not respond within the prescribed time frame. Promise to complain above if no action is taken.
If this does not help, you can submit statement of claim to the court at the place of residence. It is better if it is collective, with the signatures of neighbors, whose windows are also covered by these trees. With copies of all statements and letters in hand, you have every right to have your complaint examined in court.
Punishment for unauthorized felling of trees
If someone decides to cut down a tree on their own, it will result in a serious punishment. It is important to understand here that the punishment for illegal cutting of tree and shrub vegetation is provided for in the Code on administrative offenses and in the Criminal Code. Thus, for this illegal act can be brought both to administrative responsibility and subject to criminal prosecution.
For unauthorized felling or pruning of trees, violators are imposed administrative penalty, which consists of two components: it is directly the punishment itself - an administrative fine or criminal punishment and the recovery of damage caused to the environment by illegal felling of trees.
An administrative fine is imposed and its amount is determined by an authorized official by his decision, the measure of criminal punishment is determined by the court. Article 8.28 of the Code of Administrative Offenses of the Russian Federation, as well as Article 260 of the Criminal Code of the Russian Federation, emphasizes that illegal felling of trees entails fines of various sizes - from 3 thousand rubles to 1 million rubles, depending on who committed this environmental crime (one citizen, an official, a group of persons in a preliminary conspiracy, an organized group), and how much damage.
In the event of damage on an especially large scale and in the presence of aggravating circumstances, the perpetrators face not only the largest fine for cutting down trees, but also imprisonment for a term of 3 to 6 years.
And the amount of damage is calculated by the Ministry natural resources and environmental protection. As a result, the amount can be quite decent and reach numbers with five zeros.
Good luck!
Cutting trees on your own in the local area apartment building it is forbidden.
This contradicts in the first place.
According to clause 8.6.10 of this order, any person who has committed the unauthorized felling of green spaces in the urban area must be fined to cover the cost of the destroyed city or private property.
8.6.10. For any damage or unauthorized felling of green spaces, as well as for failure to take protection measures and negligence towards green spaces, it is recommended to charge the perpetrators of the replacement cost of damaged or destroyed plantations.
8.6.11. Assessment of the cost of fruit and berry plantations and orchards owned by citizens and falling into the construction zone of residential and industrial buildings, it is recommended to be made by the administration of the municipality.
Since the government has instructed the regions to determine the punishment themselves, see local regulations. In Moscow, for example, this punishment is established by the local Administrative Code.
According to its 4.18 article, individual, caught by residents in unauthorized sawing of a tree or bush, can be fined by the court in the amount of up to four thousand rubles.
Legal entities should be even more careful with this, since for them the amount of the fine reaches 300 thousand rubles.
REFERENCE. In the case of tree felling in the city, the rules stipulated by Article 260 of the Criminal Code, which protect forest plantations, do not apply. That's why criminal liability for an unauthorized saw cut within the city can not be legally.
Is it possible to cut a tree in the yard and who can do it, you will learn from the video:
Cutting down trees in the courtyard of an apartment building
Cutting down trees in the courtyard of an apartment building is a fine.
Never try to do it yourself..
If the tree turns out to be massive, it can damage someone's property or cause physical injury to bystanders.
Moreover, there will certainly be residents who will not like cutting down a shrub or tree. Therefore, at the first stage, ask the tenants if the tree is causing them any inconvenience. If not, do they mind if the tree is destroyed.
How to cut a tree in the courtyard of an apartment building? It is advisable to immediately prepare an application for the management of your municipality for improvement... You can send it to the management company, but it will redirect the application to the same management, which will only increase the waiting period.
Having drawn up a statement, you can collect signatures of consenting residents.
In the application, indicate your contacts, the full name of the organization (they may vary by region). Describe the situation, indicate what specifically prevented you from the tree.
According to SNiP, a branched plantation should be at least 5 m from a residential building.
If this standard is not met, the management is already obliged to send workers to cut the plantation..
To weighty arguments in favor of the destruction of the plantation can be attributed too high accuracy of its branches and foliage, because it obscures the light. It can be pointed out that the tree is old and dilapidated, and its branches may accidentally fall on a passer-by during a strong wind.
After that, take the application to the department you need under the municipality. Such statements are reluctant to accept... Often, workers pretend to lose them in order not to do their job.
Be sure to get them to stamp and sign the authorized person on the application. And make a personal copy. You may have to besiege the bosses of this department with complaints.
REFERENCE. It is best to send a certified letter with a statement to the office's address. They cannot ignore it. Maximum term waiting time in case of sending a letter - 3 weeks. If there is no response in time, write a complaint first to the head of the municipality, and then to the prosecutor's office.
If the application is processed according to all the rules, then the workers will come and eliminate the defect... They will try to solve the problem as neatly as possible by suggesting that you simply prune the branches.
Act according to the circumstances and do not hesitate to give them orders, because the application was given the go-ahead.
What will be the unauthorized destruction of plantations?
As mentioned earlier, everything is determined by the regional authorities.
But in the order of the government, which was previously discussed, it is clearly stated that the culprit in the illegal destruction of trees and shrubs must compensate for their value precisely for the very reason that new ones appear on the site of the destroyed plantations.
It is difficult to estimate the cost of such objects. Therefore, the amount of the fine will depend on how many trees were destroyed..
Each tree will be estimated at about 3-5 thousand rubles. If you decide to get rid of the sore problem in the form of sheets blocking the light on your own, then it is better not to chop the tree, but cut off its branches. This will not only avoid responsibility, but also will not incur the wrath of your neighbors.
If you do not want to cut down the disturbing plantation, but your neighbor, and you consider his action unacceptable, then write a statement to the police.
Include the time, place, and person you suspect.
Describe in detail the content of the offense. Next, the police will figure out who and why destroyed the plantings, after which a fine will be imposed through the court.
Conclusion
So, unauthorized felling of trees in the courtyard of a multi-storey building is contrary to administrative law. For this act, in the event of an admission of guilt, you will be obliged to pay a fine, which depends on the laws of your region.
The amount of the fine will be used to restore plantings. There is only one way to destroy the interfering object: by writing an application to the municipality at your place of residence.
Today we will talk about the sanitary standards of natural lighting in the apartment. The reason was questions from readers who complain about trees growing under the windows that block the light, with a request to help cope with the problem of a dark room in the apartment.
Okay, today we will analyze: the reasons for a dark room in an apartment, the consequences of non-compliance with sanitary lighting standards and what actions need to be taken to comply with the rules of natural light, for example, how to write an application for cutting a tree!
So let's get started :)
Reasons for a dark room in an apartment
- shrubs and trees (the most common cause)
- dark wallpaper and furniture
- no balcony, or it's old
- the window overlooks a hillock (and this happens ... then the houses are located like steps)
- close adjoining to a neighboring house or building
- construction site fence
- just the "shadow" or "north" side of the house
There can actually be any number of reasons for the appearance of a dark room in an apartment, and this does not make it any easier. It's just that someone can endure, turn on artificial lighting or just live in the twilight.
If in the first case the overrun of electricity runs up, then in the second case there will be bad consequences for health. For those who are so patient, I will tell you why.
Sanitary lighting standards: consequences of non-compliance
In scientific terminology, I dug up such a concept as ultraviolet insufficiency. Yes, it turns out, although we are not trees, we can suffer from a lack of ultraviolet radiation from the Sun. Failure to comply with natural lighting standards is manifested as follows:
- a person begins to catch infectious diseases more often;
- vitamin D is not produced (very important for children);
- fast fatigue appears, you will no longer be able to work for a long time;
- the condition of the skin worsens, its protective properties decrease;
- you begin to feel more acutely the peculiarities of the climate;
- can even lead to the progression of tooth decay.
Maybe these are "horror stories", but I would not advise anyone to check it on myself, and I would not even bring myself to such a state. Therefore, we will consider how to eliminate the most common reason for the appearance of a dark room in an apartment - the growth of trees and shrubs under the window of a house.
For reference:
Norms of natural lighting in the apartment, clause 5.2. SanPiN 2.1.2.2635-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises"
Norms for planting trees in residential areas, clause 4.12 SNiP 2.07.01-89
What can be done with a tree or shrub
- cut the crown
- sanitary cut of branches or part of the trunk
- cut a tree at the root
You cannot do this on your own, because you will immediately get a fine for an administrative violation! There is such Order No. 153 of 12/15/1999 "On the approval of the rules for the creation, protection and maintenance of green spaces in the cities of the Russian Federation", so I understand you will be attracted. Now many will be surprised, but each tree at the management company (housing department, DEZ) is on the account and is responsible for it. This means that they are responsible for improper placement and care. We will proceed from this.
When can you cut down a tree (shrub)
- Threatens life and health, because withered
- If it grows less than 5 meters from the house (from the axis of a tree with a crown no more than 5 meters). For a shrub, this standard is 1.5 meters, and the crown should not be higher than the lower edge of the window (i.e. not higher than the window sill)
- Shades the apartment
Without the results of the examination, it is not even worth it to contact the housing department or the management company, because, in best case, they will listen to you and release the situation on the brakes. Therefore, before going to them, you need to "shoe".
Option number 1
Call the representatives of the SES and ask them to measure the illumination in a dark room in the apartment for compliance with the sanitary standards of natural light. Of course, it is important to do this in summer, better in cloudy weather.
Having received a conclusion from the SES, go with him to the Criminal Code and write a free-form application with a request to cut down a tree. They will write off your application to the HOA, which should hold a meeting of all tenants of the house, so that they give their consent to cut the tree.
Naturally, the decision must be positive. Be prepared for the fact that there will be opponents - nothing is blocking the light for them ..
Option number 2
Contact the State Housing Inspectorate, your problem with cutting a tree is her fiefdom as well. Here they themselves will conduct an examination, establish that the sanitary standards for lighting in a dark room of an apartment do not meet the standards and issue an order from the housing department (UK) for cutting a tree.
Option number 3
If a tree creates a dark room only in your apartment, rests with branches against window frames, a balcony, and in a strong wind knocks branches on the glass, then you can not bother calling a general meeting of residents and try to solve everything yourself by contacting Rospotrebnadzor.
In all of the above options, you will write not a single statement addressed to the head of the housing department, the Criminal Code or DEZ, which means that the more convincing it is, the better. When we return the application, be sure to put a mark on your copy incoming number... An application can be considered for up to 7 days, in accordance with Article 314 of the Civil Code of the Russian Federation.
You now know what norms to rely on and what to ask for, but you need a motive, here's about it now:
- describe your situation, where you mention the constant lack of natural light and excessive consumption of electricity even in the daytime;
- provide a certificate from your doctor who confirms that you (your children) are already experiencing the effects of ultraviolet starvation;
- write that it is impossible to open the window - the branches rest against the glass, beat against the frames in bad weather, etc.
If all else fails
Do not forget that we are staying with Mother Russia at a party, so very few people will “itch”, because many frankly do not care about your problems (apparently, there are enough of their own). That is why you act as follows - you raise "heavy artillery":
- write a statement to the prosecutor's office, the basis is the inaction of representatives of the Criminal Code, housing department and other services. do not forget to attach photocopies of the SES conclusion and a statement with "incoming" from the Criminal Code
- call " hotline»The government or the city hall and pour out your soul to them. Having also thoroughly prepared.
Some suggest less humane ways to treat trees, such as watering the roots of the tree with bleach, salt, or weed repellent until it dries up. The Criminal Code then cuts the tree down as life-threatening. I am against such inhumane methods, although the sawing down of a tree cannot be called humane either. However, let it remain on the conscience of the idiot who planted the tree so close to home.
Possible costs
Yes, imagine that you might be asked to pay a certain amount for a cut of a healthy tree! In different cities in different ways, they may not ask for anything, or get by with the fact that you plant a new one, already away from home.
Options to improve the sanitary standards of lighting in the apartment
- You can use prisms or mirrors that reflecting or refracting light can illuminate the room in depth.
- Replace wallpaper and furniture with lighter colors, some of the furniture can be thrown out altogether. I have visited many apartments in my city and I will say for sure that in 85% of cases the wallpaper in the apartments is of a dark color (brown, burgundy, blue, etc.) and only 15% and most of the apartments are cluttered with bulky and non-functional furniture. Naturally, in such an environment, there can be no question of compliance with the norms of natural lighting.
- If you have an old balcony, which saw Yeltsin at the dawn of the reign, then there is a reason to update it - install glazing from plastic windows, change the frame with light colors.
Today you realized that a dark room in an apartment is not a punishment and that if you do not meet the sanitary standards of natural light, you can solve your problem. Go for it!
Of course, the presence of trees in front multi-storey buildings- this is wonderful, they protect from noise and dust, decorate the appearance of the city, give us oxygen and just please the eye. In accordance with the norms of SNiP 23-05-95, trees should not be planted at a distance of less than five meters from a residential building. But where to go to cut a tree near the house when are these norms violated? Unfortunately, it often happens that a grown tree can shade the windows of the lower floors with its crown, and branches can threaten the integrity of your windows. In this case, the desire of the tenants to get rid of the green giant that has shaded their apartments is understandable and natural. This is not so easy to do. The management company is responsible for trees growing near residential buildings, and removal of interfering tree is included in the article "housing maintenance", respectively, you do not need to pay extra for this action.
How to achieve the removal of a tree in Moscow and the Moscow region?
To begin with, you need to contact the management company or HOA with a statement in which the essence of the problem will be described in free form, indicating a specific, interfering tree. The HOA must give an answer to an application written in free form within 10 days. It is important that if the reason is the shading of the room due to the tree, then the report of Rospotrebnadzor, whose employees visited your apartment with special devices and measured the lighting level, must be attached to the application. If the check showed that there is really little light in your apartment because of the tree, then you can add certificates from the polyclinic about your health and the health of the child, which may talk about nervousness and anemia, which are caused by a lack of sunlight. ...
If, according to this report, the illumination level is not lower than normal, then you will most likely be refused to remove the tree. But if you think that the level of illumination is insufficient, you can try to agree not on the complete removal of the tree, but on cutting out part of the branches, that is, to make a kind of compromise with the HOA.
In the event that the Criminal Code or HOA did not respond to your application within the specified period, then do not give up and write applications to higher authorities: to the head of the housing and communal services department, to the Housing and Utilities Department and others.
Of course, the reason described above is not the only one, the tree may just be old, emergency, or dry. In any case, do not engage in arbitrariness, since the fines for unauthorized cutting down of green spaces in the city are very high, and can reach several tens of thousands of rubles. Depending on what kind of "damage" was done. You will not prove to anyone later that the tree was damaged or dry.
To diagnose the condition of the tree, you can invite the specialists of the company "Pro-mountaineering" , which, unlike government agencies involved in landscaping, will do it as soon as possible, and provide you with a detailed professional report.
Alternative solution to the problem
You can get a felling ticket ... This is a special permit, outstanding government agency on the manipulation of green spaces in a certain area (including crown, partial removal, transplantation or complete elimination).
You can get a ticket on your own at the committee for the improvement of your area, the department of nature management and environmental protection, or at the multifunctional center, if there is one in your city. To do this, it is necessary to write an application and submit it to the indicated authorities, the term for consideration of the application does not exceed twenty-five calendar days. And the ticket itself is issued within one working day.
The company "Pro-mountaineering", in addition to being engaged in all types of work related to green spaces (from crown and pruning of dry branches to the complete elimination of the tree) also provides assistance services in obtaining a felling ticket in Moscow and the Moscow region.
This option is possible if you are tired of seeking from the Criminal Code to satisfy your requests and decide to take matters into your own hands.
You have no right to refuse to provide a felling ticket if:
- The tree, for the removal of which you require permission, is painful or emergency, that is, it poses a danger to neighboring plantings, property or health and life of people.
- In the event that the specified tree or group of trees prevents the penetration of sunlight into the room.
- If the removal of a tree is related to emergency response measures.
If you have successfully received a felling ticket, you should not pick up a chainsaw yourself and cut trees yourself. It is better to entrust this difficult task to professionals so that neither property nor people are damaged during the destruction of the tree. The Pro-Alpinism company will gladly solve this problem for you at reasonable prices and in the shortest possible time. Prices for our services