Fencing of the adjoining territory of an apartment building

At all times, a natural desire to protect one’s housing is peculiar to any person. And also, clearly delineate its boundaries and protect against possible encroachment.

Owners of private houses have long been practicing the construction of fences to fulfill these goals. 

My home is my castle

But, the objective reality today is such that the residents of apartment buildings are trying to protect its territory. They are trying to turn the “thoroughfare” yard into a cozy place for recreation and games.

Let's see how to protect the apartment building, without violating the norms of current legislation.

The practical side of the issue

What defines the concept of "house territory"

House territory is the land around the house. Everything that is located on this site is included in the common property of an apartment building. This territory is a common property of the owners of the houses in this house..

Such a definition is given in the Land Code of the Russian Federation (Article 36). It is indicated that the relevant act, which confirms the right of ownership, is not issued.

Based on this definition, it follows that the owners of apartments and offices in such a house can protect its territory, equip sports or playgrounds there, organize a parking lot. That is, to use this site, as it is necessary for the exploitation of the apartment building and the attached objects.

The right to own and dispose of a land plot with an apartment building is enshrined in the following documents:

• Federal Law “On the Introduction of the Housing Code of the Russian Federation” (Part 4, p. 16);
• Resolution No. 10 of the Plenum of the Supreme Court of the Russian Federation (paragraph 67);
• Decree No. 22 of the Plenum of the Supreme Arbitration Court of the Russian Federation.

Why do you need it

It's no secret that the utilities monitor the infrastructure of a house with eyes closed. And enthusiasts, if any, quickly realize that their attempt to bring the territory in order does not meet with not that of support. At least understanding from some people.

And if there is a person who is able to find like-minded people and engage in improving the territory, he must first restrict access to it.

The following groups can encroach on the local area:

• strangers - passers-by, landlords, walking animals, persons without a certain place of residence, etc .;
• homeless animals;
• car owners who use the parking space;
• cars driving through the yard.

Therefore, it is necessary to begin the arrangement of the territory with the construction of the fence.

Kinds

The type of fence has a direct impact on the ability to access the territory.

Their following types are possible:

1. Fences, the purpose of which is complete access restriction.

There are several subspecies of them:

• Lawn. They are ornamental undersized shrubs that form the fence. Traditionally, their height does not exceed half a meter. They are rarely used, as they require maintenance and do not serve as reliable protection;

  

  The hedge around the house.

• Decorative. Such fences are made of stone, corrugated or metal. The latest material is most common. The reason for this is low price and high installation speed.

Their height ranges from 0.2 to 2 meters.

Low fences, we are so accustomed to, that we do not even notice them. In practice, it turns out that they can act as a barrier only for transport.

Thoroughly fenced area around the house

High fences around the houses

At the moment, such fences are not yet widespread, but are rapidly gaining popularity. This is especially true of those houses that have been commissioned recently and are intended for high-income buyers.

Most often, an intercom is installed at the gate of such a fence and a concierge is hired. Because the main condition in this case is to provide free access to residents of the house.

As well as various services - fire, ambulance, police, gas service, taxi.

1. Fences that partially restrict access.

Photo - Barrier, limiting the passage of transport

Installation of the barrier requires approval only in the inspection of the state architectural and construction supervision.

Detailed instructions for installing the barrier with their own hands, presented in the video.

1. Fences that restrict access to part of the territory.

Partial fencing of the territory of an apartment building is called target and does not require coordination.

Target fences are constructed with a height of 0.2 m and up to three meters. Their purpose is to protect a part of the house adjoining area, for example, a place for garbage cans, a parking lot, a nursery or a sports ground.

Pictured net around the playground

Fencing the playground with tires.

Helpful advice. You can make a fence of tires in the form of flower beds. The cost of an old tire and work is minimal. However, such a fence will perform two functions at once - restrict access and decorate.

Fencing the club of car tires

1. Fences prohibiting access to the building.

Such fences are classified as temporary. They are installed by public utilities, in order to prevent unauthorized access to certain parts of the building, which is being renovated.

Temporary fence denoting the border of the passage

The legal side of the issue

Legislation

A private trader can choose for himself the kind of fence that he likes. In this case, construction can be hampered only by the price of the material, its availability, the timing of work and the availability of experience in construction.

But how to fence the house territory of an apartment building? In this case, you need to take into account a number of factors. Among them are the norms of the town planning code and fire safety rules.

Matching

When considering this, relating to all residents of the house, the issue of how to install fences in the local area, you need to enlist the support of most of them.

Given that at the level of the federation or local councils, the procedure for such construction is not regulated - it is enough only to coordinate the project.

Matching ограждения придомовой территории обязательно с такими службами как:

• Inspectorate for State Architectural and Construction Supervision;
• Main Department of the Ministry of Emergency Situations in the region;
• City Police;
• City department of ambulance service.

There is also an uncoordinated fence of the local territory. Court practice knows enough cases when the tenants installed the fence without proper permits and prevented access to the building. However, by a court decision such fences are subject to full or partial dismantling.

How to deal with illegal fences

Inconsistent installation of the fence near the territory is not allowed. And they are actively fighting with them.

To remove the illegal fence in a legal way, you need to perform a number of steps:

1. Determine the legality of the structure. For this you need:

• obtain documentary evidence that the territory includes the cadastral plan of a multi-storey residential building;
• get the minutes of the meeting of residents of the house with the decision to arrange the fence;

Helpful advice. All apartment owners have the same rights to use the territory. Consequently, there should be not just the majority of those present at the meeting, but the majority of the quorum constituents. Only in this case, it is considered that the decision reflects the interests of all concerned.

If these documents are missing, then the fence was built without sanctions.

1. Design the fence so that it would meet the interests of all stakeholders.
2. Eliminate illegal structure. But this should not be done independently, but through the involvement of relevant services. It is recommended to adhere to this order:

• submit an application to the City Government regarding the presence of an illegal fence;
• specify the address;
• indicate the cadastral number of the land plot;
• attach a photo to the application;
• register an application.

Within thirty days from the time of registration, the fence should be removed.

Conclusion

Not everyone will like the legal, and even more so illegal fencing of the local territory. First of all, the residents of other houses will be indignant, the usual route of which passed through the now fenced square. Next will be motorists who will have no place to put cars. Hooligans and other unreliable elements of the society, with whom there is no place to be, will make up another group of dissatisfied.

However, as practice shows, residents of houses that have defended their right to install a fence are satisfied. In the presented video in this article you will find additional information on this topic.