How to find out who owns the road near the house. Adjacent territory of an apartment building according to the housing code

The adjacent territory of an apartment building is the land assigned to the house. Residents of the house are obliged to ensure its maintenance in proper condition, since it is in their joint ownership.

Area and composition of the local area of ​​an apartment building

The parameters of the local area - area, boundaries - are displayed in. These data are the basis for calculating the costs of management companies for cleaning this area. If the local area is not properly registered, then the responsibility for its maintenance rests with the municipal administration.

It is believed that the minimum size of the local area of ​​an apartment building is equal to the area of ​​the house. The size of the plot can also be determined using a special formula. In practice, the area of ​​a land plot is largely determined by the actual location of other objects relative to each other, the territory allocated to the developer for the construction of a building, and so on.

The plot may not be registered in the cadastral register at all. Then they turn to the data from the technical passport of the territory.

The transfer of the adjacent territory of an apartment building to the owners of housing in this building is carried out free of charge.

The adjacent territory of an apartment building is subject to taxation. The tax amount is distributed proportionally among all residents.

This plot is single and indivisible, that is, it is impossible to allocate a part for sale or transfer to a separate entrance or apartment.

Composition of the local area:

• the plot of land on which the building is located;
• landscaping and landscaping elements;
• other facilities necessary for the maintenance and operation of this house (transformer substations, parking lots, children's and sports grounds, etc.).

All specified objects must be located within the boundaries indicated in the cadastral passport.

Owners can manage this site:

• on one's own;
• by authorizing the HOA or other specialized non-profit organization;
• entrusting it to the management company.

Use of the specified land plot

Apartment owners do not have the right to restrict access to the local area or interfere with the arrangement and maintenance of utilities.

Residents of an apartment building can rent out part of the site, place advertising boards or paid parking on it. The funds received are used for general house needs: repairs, payment of part of utility bills, etc.

All decisions regarding the fate of the site, its use (construction of children's or sports grounds, parking lots, planting trees, installation of fencing, etc.), distribution of profits received are made by the homeowners at a general meeting. To make a decision, the presence of 50% of the residents’ representatives from each apartment is sufficient.

If, as a result of the installation of a fence in the local area, the rights of residents of neighboring houses are violated, then, in accordance with a court decision, an easement may be imposed on the site. This way, neighbors will have the legal right to move freely around the site. But this is only possible if there is no other passage.

Pros and cons

Disadvantages of registering the local area as property:

• it is necessary to pay land tax;
• there should be nothing on the territory except children's or sports grounds, as well as garages for the disabled;
• repair and maintenance of the site, including roads, becomes the responsibility of home owners.

What's positive about this:

• this way you can protect your yard from illegal buildings (high-rise buildings, supermarkets, and so on);
• you can make a profit from the use of the site and use it for landscaping or home renovation;
• privatization is carried out free of charge.

Comments (97)

Elena | 2014/06/17

Good Evening! My daughter’s garage is located on the territory of an apartment building, my daughter is disabled group 2! They want to demolish the garage! The initiator is a neighbor! She wants to put a parking lot in this place! Does the neighbor have the right to do this? Thank you!

admin | 2014/06/27

Hello, Elena! The adjacent territory belongs to all owners of the apartment building. To erect any building on it, you must first obtain permission from the majority of the owners. If your daughter does not have such permission, and the garage is an unauthorized building on the territory of the apartment building, try to obtain such consent from the owners at least now. If the majority of owners are in favor of demolishing the garage, then the law will, of course, be on their side. As for disability, the law allows only a WWII veteran to build garages near a house without the consent of neighbors. In your situation, the best way out is to negotiate with other apartment owners. According to the decision of one neighbor, the garage, of course, will not be demolished, but if the majority of neighbors are on her side, then the situation may ultimately end not in your favor.

Elena | 2014/07/21

Our HOA decided to fill the area at the end of the house for parking. An underground and above-ground gas pipeline runs through this section, and various pipes run underground - sewerage, water supply and heating. This has not been agreed upon with municipal services. How legal is this?

admin | 2014/07/25

Hello, Elena! HOA members who decide to organize parking in the local area must go through an approval procedure with municipal authorities.

Zhanna | 2014/07/30

Hello, The HOA of the neighboring house is installing a fence according to its boundaries. As a result, our house will be surrounded on both sides by their fence. On one side the distance will be no more than 2 meters, and on the side of the entrance doors to the entrance 2.5-3 meters. It should be noted that our house is located on a hill, so there is also no access to the house from the third side. I would like to know what standards govern the installation of fences and how we can find out whether they are complied with. And can the owners of a neighboring house put a fence around the perimeter of their territory if this will prevent cars from passing to another house, I mean emergency workers and firefighters. Thanks in advance for your answer.

admin | 2014/08/21

Hello Zhanna! The installation of any fences in local areas is regulated by regulations of municipal authorities (for example, in Moscow this is Moscow Government Decree No. 428-PP dated July 2, 2013). Typically, carrying out such work requires not only the consent of the majority of apartment owners in the building, but also preliminary approval of the installation of fences with local authorities and, of course, ensuring guaranteed access of any emergency services to all houses is required. Failure to comply with these conditions may result in forced dismantling of the fences.

Olesya | 2014/10/31

Good afternoon Please tell me, I am the owner of an apartment and the chairman of the HOA of an apartment building. On the territory of our house (i.e. near the foundation), the builders of the adjacent house under construction began excavating and laying an electrical cable to the central electrical panel. The workers did not have permission to do this. Please tell me whether they have the right to carry out this work without the consent of homeowners and representatives of the HOA? And what should be the distance from the blind area of ​​the house and the cable laying? How many meters is the pre-house area owned by the HOA? Thank you in advance.

admin | 2014/11/08

Hello Olesya! All permits for electrical installation and other work are obtained by the developer from the city administration, and that is why the workers’ actions are legal, and you can request all the necessary documents through the developer. When carrying out work, distance standards must be observed, namely, at least 10 meters. As for the size of your local area, its exact dimensions are based on the norms of town planning and land legislation, and you can find out your exact local area from your developer in the project declaration and other documents for the house.

Irina | 2014/11/30

In the next house there is a private ultrasound diagnostics company. Personal cars are parked near our house in a parking lot made by the apartment owners at their own expense with the permission of the village administration. Do we have the right to prohibit cars from parking in our parking lot? They asked nicely, but it doesn’t work.

admin | 2014/12/08

Hello Irina! In your situation, you can initiate a meeting of the owners of the residential premises of your building, at which the majority of owners will decide to fence off your parking spaces from the territory of common areas. However, it is worth considering that the measures you take to fencing the area should not impede the passage of special equipment.

admin | 2014/12/30

Hello Sergey! It is possible to accurately answer your question only after studying the project declaration and other documents for the house, since it is these documents that determine the area of ​​the local area. As a rule, courtyard areas are a category of public places.

Oksana | 2015/01/15

Hello! Novosibirsk The house is huge. U-shaped, 17-floor. The area around is small. Where there were garbage cans, in the summer for some reason this territory was taken beyond the fence of the paid parking lot, and today they are digging a hole there and they say that instead of a parking lot there will be the construction of a candle. The candle windows will look into ours at a distance. 10-15 meters, there will be 5 meters of earth around the candle. Angle of intersection. The entrance will be from the very intersection, it’s creepy... As I understand it, parking will be on our territory, where there is nowhere for an apple to fall. Tell me where I can look up the territory standards for our house, how to find out why it is being cut and how to deal with such infill developments.

admin | 2015/01/20

Hello Oksana! First of all, regarding your question, it is worth noting the fact that the size of the local area is established in project declarations. As a rule, the size of the local area is just 5-10 meters. As for infill development, a building permit is issued by the administration of your city in accordance with the development plan, as well as taking into account compliance with urban planning legislation. Indeed, today the problem of infill development is one of the most pressing issues, but the resolution of this issue falls entirely within the responsibility of the city administration.

Alexander | 2015/01/16

Hello. I am the owner of an apartment in an apartment building. I park my car in the courtyard of the house. A neighbor is supporting me, preventing me from leaving and claiming that this is his place. How to deal with such unlawful actions?

admin | 2015/01/22

Hello, Alexander! In accordance with the norms of the Housing Code, the owners of residential premises in an apartment building equally own, use and dispose of common property, which also includes the adjacent (yard) area and, as a consequence, parking spaces in this area. Therefore, you have exactly the same right to a parking space as your neighbor, and therefore all your neighbor’s claims that this parking space belongs to him are unfounded.

Julia | 2015/01/25

Hello. Please tell me, is it legal to build garages in the courtyard of a house? The building is a five-story apartment building. Garages were erected about 30 meters from the walls of the house. Garages are located approximately 20 meters from the playground. Some garages are equipped with potbelly stoves. When these stoves are lit, there is smoke. You open the windows and the whole apartment stinks. Help, what can I do?

admin | 2015/01/31

Hello Julia! First, you need to find out whether the land on which the garages are built belongs to the local area. The dimensions of the local area are established in the design documentation for the construction of an apartment building. If the land on which the garages are built belongs to the local area, then their owners did not have the right to build garages on these plots without a general decision of the meeting of all owners of the apartment building. If this land belongs to the municipality, then I recommend that you apply to the city administration, since if these garages are built without the appropriate permission from the administration, then these buildings may be recognized as unauthorized and subsequently liquidated.

Andrey | 2015/01/31

Hello. The plot of land under our apartment building is registered in the cadastral register. It is formed along the blind area of ​​the house. The development is quite dense. On the side of the façade there is an access road and flower beds. Behind there is a green area with children's playgrounds. On one side there is a road, on the other there is a small dirt area and a swamp. Residents filled the area with gravel and used it to park cars. Recently, three savvy neighbors informed everyone that they would be building three garages on the site where the swamp was, and that the land had already been registered. And indeed, plots for the construction of garages appeared on the cadastral map. The address of these plots says “30 m southeast of house No.,” but in fact it is 8 m. Total. We contacted the Administration, KUMI. The administration says that nothing can be done, an auction has been held, the only way to go is through the courts. KUMI doesn’t say anything, how could they rent out the plots like that? They say that the cadastral engineer measured from the middle of the house (some kind of nonsense). Please tell me what regulations can be used when drawing up an application to the court. How can the court prove the illegality of the decisions of state authorities to form land plots for garages in this place, because they took away part of our local area. The land plot under our house was registered by the developer of the house, not the homeowners. We would also take the adjacent territory. Just what should we do now if our local area does not fall into the area under the house?
Thank you in advance.

admin | 2015/02/05

Hello Andrei! Before filing a lawsuit, you need to study the developer’s design documentation for your apartment building, namely: from these documents you need to find out what size territory belongs to your apartment building. If it follows from these documents that the land belonging to the local area of ​​the apartment building has been leased, then you will indeed be able to file a claim with the city administration. When going to court, most likely you will have to prove that the garages erected on the land plot are illegal construction, as well as prove the invalidity of the lease agreement for the land plot for the construction of garages. These relations are regulated by the Civil Code of the Russian Federation.

Diana | 2015/03/15

Hello! On our playground territory there is a garage for a disabled person with a sign and he considers the space in front of the garage his parking space. The garage is for rent. He doesn't park the car. Is it legal to build on the territory of a playground? And where can I go to move the building?

admin | 2015/03/19

Hello Diana! You can submit a reasoned complaint to the local administration. In your complaint, ask the administration to give a detailed answer about whether the owner of the garage has permission to build it, and whether there is any information about the rights of this citizen to the plot of land on which the garage is located. If the administration’s written response does not satisfy you, you can file a claim in court to recognize the garage as an unauthorized construction.

Sergey.Svirsk | 2015/03/21

Hello! There is doubt about the proportionality of the fenced local area of ​​the 5th floor building. Almost tightly, at a distance of more than 5 m from the house along the entire length. Access from this side is not accessible to EMERCOM firefighting vehicles. Are the actions of the administration and housing and communal services to erect such a fence legal? Thank you.

admin | 2015/03/29

Hello Sergey from Svirsk! The technical regulations on fire safety requirements establish that buildings and structures must be provided with fire passages and access roads for fire fighting equipment. Thus, if the passage of specialized equipment to your home is difficult, the housing and communal services authority that established such an obstacle may be held administratively liable. In this regard, you can submit a written statement to both the local administration and the police.

Maria | 2015/03/30

Hello! How can you determine the size of the local area if the house was built in 1931 and there are no documents confirming the size of the local area? And next to the house they sold a plot of land for construction and demarcated it in such a way that its border is closely adjacent to one of the walls of our house. The administration advised me to write an application to review the land surveying, but it is not clear how to draw it up correctly and what urgent facts to rely on. If you can advise, we will be very grateful.

admin | 2015/04/06

Hello Maria! First, you need to clarify whether there is a cadastral passport for this house. If there is a cadastral passport, then the area of ​​the local area of ​​the house is reflected in it. It is believed that the minimum size of the local area of ​​an apartment building is equal to the area of ​​the house. Also, the size of the plot for each specific apartment building can be determined using a special formula. If you think that the boundaries of the land plot under an apartment building are determined in violation, and the size of the local area does not correspond to the area of ​​the house, then you can contact the administration with an application to revise the boundaries of the land plot under your apartment building. As for drawing up this statement, it can be drawn up in free form with a simple written indication of the available facts.

Sergey | 2015/04/04

Hello! How can you increase the yard area of ​​an apartment building? Namely, is it possible to buy dilapidated garages adjacent to the house and, after clearing the territory, properly register it as common property... Thank you!

admin | 2015/04/08

Hello Sergey! It is possible to increase the adjacent territory by purchasing the adjacent territory only after a decision of the general meeting of residents, since the reduction or increase of the adjacent territory according to the Housing Code is made precisely after the approval of such a decision by the general meeting of owners of residential premises in an apartment building.

Stepan | 2015/04/06

Good afternoon. Please advise how to rent out the adjacent territory of a high-rise building to run a business renting out children's electric vehicles?

admin | 2015/04/13

Hello Stepan! In accordance with the norms of housing legislation, the land plot under an apartment building and the adjacent territory of an apartment building are the joint property of all residents of the apartment building. Any decisions on the disposal of common property are also made by the owners of an apartment building at a general meeting of residents. Thus, at a general meeting of residents of an apartment building, a decision must be made to transfer to you a plot of the local area for rent.

Anna | 2015/04/14

Hello!
We are the owners of non-residential premises (shop) in an apartment building. We privatized the store in 1993, along with it, according to the agreement, we got a structure (tarnik), which is located on the territory of a neighboring house. Ownership of the tarnik is specified in the contract. Now the residents of the neighboring house want to make a parking lot with a proposal to demolish our tarnik. Do they have such a right?

admin | 2015/04/21

Hello Anna! If, through privatization, you acquired ownership of a store and additional objects (tarnik), no one has the right to deprive you of your property except by a court decision. In your case, the court also cannot arbitrarily deprive you of ownership of your property. The actions of the residents of the house to demolish your property are illegal.

Alexandra | 2015/04/15

Hello! The residents of the house and I decided to register the local area of ​​the house (built in 1986) as property, from the documents only the cadastral plan of the land plot, what to do next? where to go? Thanks in advance for your answer.

admin | 2015/04/21

Hello Alexandra! You need to submit a collective application to the administration of your locality, on the basis of which the administration will contact the Rosreestr authorities to register the land plot (adjacent territory) as the common property of the residents of the apartment building.

Alexander | 2015/04/16

Hello. I would like to know what kind of construction is possible (if possible) on the property besides garages and other things? I would like to build a summer house (the size of the plot allows, the neighbors have no complaints about this, a house for two families). Thank you in advance

admin | 2015/04/21

Hello, Alexander! Any plot, like a plot of adjacent territory, must be used based on the purpose (category) of the land plot. In this case, the placement of capital construction projects and residential buildings on the adjacent territory of an apartment building is not provided, since the adjacent territory implies the location of some landscaping elements on it.

Evgenia | 2015/04/19

1. If the local area of ​​the apartment building is not registered as the property of the residents of the house, should they pay for cleaning the area around the house, cutting down dangerous trees, etc.?
2. The cadastral passport contains a diagram of the land plot, but the position of the house is not indicated on it. How can we determine how many meters from the wall of the house are “ours” and where they are no longer, and whether the damaged poplars are our property or not?
3. If these poplars are located on the property of a house, do the residents of this house have to coordinate their cutting down with the city administration?
Thank you!

admin | 2015/04/26

Hello Evgenia! Regarding your questions:
1) If the adjacent territory is not registered as the common property of the residents of an apartment building and is not reflected on the cadastral plan as part of the land plot of the apartment building, residents do not have to pay the costs of maintaining such territory.
2) To determine the size of the local area, you need to submit a corresponding application to the city administration, as a result of which the area of ​​the local area will be calculated using a special formula. As a rule, the area of ​​the local area is equal to the area of ​​the house. If emergency poplars end up within the boundaries of your local area, you will bear the costs of their maintenance.
3) If emergency poplars are located within the boundaries of the local area, cutting down does not need to be coordinated with the administration. A decision of the general meeting of residents of an apartment building will be sufficient, but it is necessary to cut down poplars only after it has been established that they belong either to the residents of the apartment building or to the administration.

Marat | 2015/04/20

I am a resident of an apartment building, how can I legally get a parking space?
There is an illegal paid parking lot in the yard, why should I pay for the local area?

admin | 2015/04/26

Hello Marat! Since you are a resident of an apartment building, you have the right, along with other residents, to use the common property (parking lot) for your own purposes. In this case, I recommend that you collect signatures from residents declaring paid parking in the local area illegal and contact the city administration. You can also go to court.

Tatiana | 2015/04/23

Hello. I have an apartment under a social tenancy agreement, do I have the right to park my car in the common parking lot located in the local area, and do the apartment owners have the right to prohibit me from doing this due to the right of ownership of the territory, parking has existed there since the construction of the house, i.e. e years 50..Thank you

admin | 2015/05/03

Hello Tatiana! Since you live in the apartment on the basis of a social tenancy agreement, this means that the apartment has another owner, to whom this residential premises belongs by right of ownership. If we turn to the norms of the Housing Code of the Russian Federation, it follows from them that the tenant of an apartment under a social tenancy agreement has all the rights in relation to this apartment, except for the right of disposal, and also bears the costs of paying utility bills, and also has the right to use the property of the apartment building. As a conclusion, your neighbors' claims are baseless.

Sergey | 2015/05/15

Hello. I am a homeowner in an apartment building. Construction of a store (not a permanent structure) began in the courtyard in the local area. The land plot belongs to the administration of the municipality. The homeowners did not give permission for construction. Is it necessary to obtain permission from the homeowners? Does the fact that the owner is a municipal entity change anything? Thank you

admin | 2015/05/23

Hello Sergey! If the land plot on which the store is being built actually, and according to cadastral and other documents, belongs to the territory of an apartment building, then the disposal of common property should be carried out only on the basis of a decision of the general meeting of residents of the apartment building. To resolve your issue, you need to study in more detail the title documents for the house and land.

Anna | 2015/05/20

Hello! I changed my place of residence (I am the owner of the purchased property). In the “new” courtyard of an apartment building, many of the residents have designated parking spaces for themselves (numbers painted on the asphalt, chains, bottles, etc.) from which they drive other car owners away. When asked to provide documents for the land, they snort and send them in a certain direction.

Is it possible to legally buy out such a parking space in the courtyard of a high-rise building?

Recently, having parked in what seemed like a no-man's space (there were no signs of ownership), in the morning I received a gift in the form of punctured tires. Most likely the donor is the “owner of the place.”

I would like to know how legitimate this “seizure” of places is. And how to deal with it.

admin | 2015/05/26

Hello Anna! This “seizing of space” in your situation is extremely unlawful, since in accordance with the norms of the Housing Code, the owners of apartments in an apartment building equally use the common property, which includes parking spaces. As for the redemption of the plot, you need to apply to the administration for redemption or contact the HOA with the same application, if the land plot under the house belongs to the HOA. As for damage to your property, you can address this fact to the local police officer or to court. Most likely, contacting the local police officer will help you solve the problem with unscrupulous tenants.

Edgar | 2015/05/23

Hello! Please tell me if the apartment building has a local area, a castor passport, number, can residents and the HOA rent out a piece of land, say, for a shopping pavilion?

admin | 2015/05/26

Hello Edgar! If a homeowners association is organized in your building, then by decision of the general meeting of residents of the apartment building, part of the plot under the apartment building can be leased to third parties, and the profit received can be spent on the needs of maintaining the common property.

Evgeniy | 2015/06/03

Hello! In our local area, a garage was built for a disabled person living in our house, the disabled person is no longer alive, and the garage in some unknown way came into the possession of a person living in a neighboring house. Is it possible to demolish this building as it is illegal?

admin | 2015/06/15

Hello Evgeniy! To recognize the construction as unauthorized (illegal), you, as interested parties, can go to court. If the court makes a decision to recognize such a building as illegal, the person who owns it will be obliged to liquidate such a building at his own expense.

Margarita | 2015/08/21

Hello! I urgently need your help... The situation is this... I bought an apartment in an eight-apartment building in a rural area, the house is one-story... Everyone has a separate entrance, opposite the ground. plot .. There is a cadastral passport for the land of the entire house... The neighbors do not want to do land surveying, since by the very seizure, everyone allocated their own hundred square meters, upon purchase, it turned out that I was deprived of my three hundred square meters of land, since there was already a land on my territory neighbor's bathhouse and surrounded by a fence.. Can I make a land survey without their consent and privatize my share? and what to do with these buildings? Thank you in advance, I really hope for your help...

admin | 2015/09/01

Hello Margarita! To fully answer your question, it is necessary to obtain more detailed information about the land plot, namely, whether there is an owner of the land plot or whether this land plot is a land plot attached to an apartment building and belongs to the common property of the residents of the apartment building. If this site belongs to common property, you also have the right to use it on an equal basis with your neighbors.

Evgeniy | 2015/09/09

Hello! Our house is being demolished, is it possible to include the adjacent territory in the redemption price? The adjacent territory is demarcated in favor of the owners, as it is written in the cadastral passport. When setting the redemption price for my room, does this give me any rights?
Thank you

admin | 2015/09/18

Hello Evgeniy! Subject to the distribution of the local area in favor of the owners during the demolition of the house, you must be provided with an equivalent living space in size. The difference in the cost of the land plot can be paid in the form of monetary compensation.

Victor | 2015/09/30

We have a cadastral passport, but there are permanent garages on our land that are not listed in Rosreestr. What should we do with these garages?

admin | 2015/10/08

Hello Victor! If the land plot belongs to you by right of ownership, you can recognize the garages located on it as unauthorized construction. If the land plot you indicated belongs to the local area of ​​an apartment building, you need to apply to the administration or to the court.

Elena | 2015/09/30

Hello, we bought an apartment in a building after reconstruction; it used to be a sanatorium building. Is the developer obliged to arrange the surrounding area?

admin | 2015/10/08

Hello, Elena! As a rule, landscaping is already included in the construction (reconstruction) project of an apartment building. In addition, the design must provide for landscaping within the original land allotment. These standards are established by building codes and regulations (SNiP). Thus, landscaping the local area is the responsibility of the developer.

Roman | 2015/12/11

Hello. Please tell me the provisions of the law that say that you can put a garage on the local area if it has already been privatized. Also: is this only for disabled people? Is the consent of the owners needed 2/3? Thank you.

admin | 2015/12/22

Hello Roman! If the adjacent territory is privatized into the common shared ownership of all residents, then their consent will be required to build a garage, since in accordance with Article 247 of the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if consent is not reached - in the manner established by the court. This provision of the law applies to all categories of citizens, including people with disabilities.

Olga | 2015/12/21

Good afternoon! Our management company services apartment buildings with a large local area, at the intersection of three central streets! the house has a large adjacent territory, the management cannot clean such a large plot of land due to lack of funds (one janitor cleans the territory inside the house and on the side of the central streets). We suggested that the owners of non-residential premises themselves carry out cleaning in front of their offices, with a reduction in the size of the housing maintenance item at the cleaning point. They refused and threatened to bill us to a cleaning company that charges three times more than we spend on paying the janitor! Tell me how to resolve this situation!

admin | 2015/12/30

Hello Olga! In this situation, you can enter into an additional agreement on behalf of the residents to the contract with the management company. In addition, based on the decision of the general meeting of residents of an apartment building, you can organize an HOA, which will resolve emerging issues regarding the maintenance and servicing of common property.

Julia | 2016/02/06

Hello. I am the owner of an apartment. We have a homeowners association. The problem began to arise specifically with parking spaces for cars. The fact is that there are parking spaces between the two entrances. I live in the 7th entrance. Everyone from entrance 8 parks their cars there, I used to park there too. Then the chairman of the HOA said: “get rid of your car, buy a garage.” Basically, in order not to conflict, I removed the car. Then I bought a new car, they eventually put it in its place, and those who had parked their cars there “before” began to complain, as a result, the chairman of the HOA began to speak out and say: “whatever I put in a paid parking lot, I’m wrong and I didn’t pay for the crushed stone.” . But it seems that according to the housing code, there may be parking, but there are no separate parking lots assigned to one or another owner. Is this so? How to deal with such illegal actions? Thank you

admin | 2016/02/15

Hello Julia! Indeed, in accordance with the norms of the Housing Code of the Russian Federation, the owners of apartments in an apartment building have equal rights to use the common property of the apartment building. The use of the common property of an apartment building is carried out on the basis of an agreement between the residents. If an agreement is not reached, the procedure for using common property is established by the court.

Natalia | 2016/02/27

Hello, my apartment is located in the Central Administrative District, parking near the house is very expensive. At the entrance to the arch there is a gate with a remote control. Allegedly, the decision of the majority of owners was to chip in 50 rubles. supposedly to ensure the operation of the gate, the owner of one of the apartments collects money, but she does not have any current account. I asked to be provided with a gate remote control, to which I received the condition that the gate remote control would be issued only upon payment of money. I asked to provide me with the estimate documentation (why such a large amount), but she refuses to provide it to me and says that by a majority vote of the owners I was deprived of the right to park on the territory of the building, although the house consists of several buildings and my apartment occupies the entire floor of one of the buildings (the building 3 storey). However, if I give 50 thousand, they will find me a remote control and a place. What should I do? The neighbor refuses to provide documents and hangs up. Do they have the right to deny me entry if I do not pay 50 thousand for the gate?

admin | 2016/03/07

Hello, Natalia! In this case, it makes sense for you to go to court with a claim to establish the procedure for using common property, since there is a high probability that the decision of the general meeting of owners will be declared invalid. In addition, you are not obligated to pay any monies without reviewing the relevant documentation.

Tatiana | 2016/04/19

Good afternoon In the local area, residents, by decision of the general meeting, want to expand parking spaces. Please tell me whether, by decision of the general meeting of an apartment building, it is possible to move the playground and cut down the trees in the local area.

admin | 2016/04/29

Hello Tatiana! By decision of the general meeting of homeowners, such improvement measures can be carried out, however, in the event that the residents are also the owners of this land plot, and the activities carried out do not contradict the plans for using the land plot of the management company. However, to cut down trees you must obtain permission from Zelenstroy in your place of residence.

Alexey | 2016/04/19

Hello. I am a resident of an apartment building, there is an HOA. Question: can I install a sports ground in the local area if there is consent from more than 50% of the residents of the house, and are any approvals required from the city administration?

admin | 2016/04/29

Hello Alexey! The consent of the city administration is not required if more than 50% of residential property owners voted for the installation of a playground. After voting and drawing up the protocol, it will be necessary to notify the management company.

Konstantin | 2016/06/16

Good afternoon Tell me the options: I want to rent the area outside the house (in fact, a vacant lot), privatized by residents, and build good garages for subsequent rental. Is this kind of business possible?

admin | 2016/06/27

Hello Konstantin! Since the adjacent area is owned by the tenants, and the ownership of the buildings will be yours, if you have a disagreement with the tenants under the lease agreement, you will most likely have to go to court to receive compensation for your buildings (garages).

Anastasia | 2016/07/14

Hello! The adjacent territory of an apartment building has no boundaries and is owned by the municipality. A couple of years ago, a major renovation of the house was done at the expense of budget funds, and that’s all! And the cleaning, landscaping of the area and improvement of the playground are carried out by the residents of the apartment building themselves at their own expense. Is it correct? Isn't this the responsibility of the management company? Can residents of a building file a complaint or application to the Criminal Code to obtain a schedule for cleaning the local area? Thanks in advance for your answer.

admin | 2016/07/21

Hello Anastasia! In the absence of an agreement with the management company, actions to improve the local area can be carried out at the expense of the residents. In your situation, you should submit a corresponding application to both the municipal administration and the management company. After submitting the application, you will be provided with information whether there is an agreement with the management company for the improvement of the local area.

Irina | 2016/07/21

Hello! In our house in the Center of Moscow (neither a housing cooperative, nor a homeowners association), the adjacent territory is not registered as property. However, a general meeting was held and the consent of the municipal authorities was obtained to install gates. There are 40 apartments in the building, 30 of them have cars, so the question the installation of gates was decided by car owners and received the required number of votes. I don’t have a car, at first I was told that I would have access to the yard of the house if necessary to transport and unload and load things, and indeed, for some time I I could open the gate using a mobile phone by dialing the number of a remote control room, but the other day, when I ordered products from Platypus, the gate did not open. I called the gate installation representative, and she told me that I had to pay 300 rubles a month for the opportunity loading and unloading things or driving up to the house by taxi. I need to enter the yard no more than a couple of times a month, mostly delivering groceries to my home. When I couldn’t provide the Platypus with access to the entrance of the house, I had to pay the courier 200 rubles , so that he agrees to unload outside the house and carry food around the yard. After receiving a complaint from me that my entry into the yard of the house is restricted and I have problems because of this, the gate commissioner stated that I can in all cases take the cart and unload without driving into the yard at the entrance of the house, so that I stop calling her and hang up. Tell me, on the basis of what law should I pay for parking for my neighbors’ cars? I am ready to pay directly for each fact that a car enters for my needs, although even at the train station and airport you can unload or load luggage for free. What do you advise me to do (it would be good, taking into account the fact that I would not want to quarrel with my neighbors), I don’t mind the fact that they have the opportunity to park cars in the courtyard of the house, but I don’t want to pay for this opportunity. If we can’t reach an agreement peacefully, then immediately go to court or there are authorities that can help me resolve this issue. As far as I know, no one can be deprived of the right to use their property without a court decision, and the Constitution takes precedence over the decision of the general meeting, especially since there is an overwhelming majority of car owners in our house and they ensured that the decision was made. Thank you.

admin | 2016/07/29

Hello Irina! First of all, you need to familiarize yourself directly with the decision of the general meeting of owners, namely, to clarify how and in what order the installation of gates should be paid for, including for persons who do not regularly use such a service. You can also file a lawsuit to determine the procedure for using common property, as well as to remove obstacles for you to use common property.

Hope | 2016/08/09

Hello! In our village it is very difficult to find parking spaces, or rather, there are none at all. There are three parking lots, but one is owned by the clinic and is closed at night, and the other two are privately owned. Residents of two houses facing each other park their cars wherever they can, including in the so-called green zone, where there is none as such. Fines for parking on the lawn began to arrive. When we contacted the village administration, we were offered to register the adjacent land as our own. Which raises the question: is it worth doing this? After all, if it is our property, then we will pay taxes on it. And not only car owners will do this, but also other owners who do not need it. Is it possible to somehow change the status of the green zone to ordinary, without registering the land as a property, so that it would be possible to simply rent it to those who need it? Thank you

admin | 2016/08/15

Hello Nadezhda! In this case, you need to register ownership of the land, otherwise, other changes in the status of this land (including the arrangement of a parking lot) will only be possible at the initiative of the administration and with its consent.

Alexey | 2017/01/24

Hello. The development in the courtyard of our apartment building is quite dense. On the side of the façade there is an access road and flower beds. Behind there is a green area with children's playgrounds. On one and the other side of the road, i.e. There is a possibility of through passage; many residents from neighboring houses drive along the road in our yard. We have an HOA, can we put a barrier on one side and will it be legal to do this?

admin | 2017/02/02

Hello Alexey! You have the right to install barriers if their installation will not impede the passage of special equipment (fire trucks, ambulances, cleaning equipment, etc.) and will not block the only passage to neighboring houses.

Admin | 2017/08/07

Hello Igor! If the land in the area of ​​​​the apartment building belongs to the municipality, you need to contact the administration at the place of residence with a corresponding application for the transfer of part of the land into the common shared ownership of the residents of the apartment building.

Svetlana | 2017/08/19

Hello! The management company, without the consent of the owners of the apartment building, placed garbage containers on an asphalt plot of land, registered in the cadastre and used by residents for parking cars. The management company does not respond to the residents' complaints. They do not want to equip the garbage site according to SanPiN standards. They argue that it is on the land of the owners of the apartment complex. There is no other place to place garbage containers in accordance with the rules of SanPiN. Are the actions of the Criminal Code legal? Is it possible to contact the city administration to provide space for garbage containers? Is it necessary for garbage containers to be located within the cadastral area?

admin | 2017/08/31

Hello Svetlana! According to SanPin requirements, sites for installing containers must be located at a distance of at least 20 m, but not more than 100 m, from residential buildings, children's institutions, sports grounds and recreational areas. If these standards are not observed by your Management Company, You can file a corresponding complaint with the Rospotrebnadzor Office at your place of residence.

Anna | 2017/11/20

Good afternoon Our HOA leases land from the Administration (Moscow region), they have established a “park time” at the entrance to the Residential Complex and have set inflated tariffs for entry even from the owners, 50 rubles / hour, the residents are not happy and did not give their consent, please clarify how much Is this legal and what is regulated by the Moscow Region?

admin | 2017/11/30

Hello Anna! This issue is regulated, as a general rule, by the norms of the Housing Legislation. In accordance with Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own by right of common shared ownership, including the land plot on which the house is located, with elements of landscaping and landscaping, other intended for the maintenance, operation and improvement of this house and located on the specified land plot objects. The disposal of the common property of the owners occurs through a general meeting in accordance with Art. 44 of the Housing Code of the Russian Federation. Thus, if park time is established on a land plot belonging to an apartment building, unlawful actions of the administration can be challenged in court.

Julia | 2017/12/07

Hello. I have installed a pavilion on the adjacent territory, with the consent of the administration, and I pay the rent of the land to the city. Now the rent has increased simply unrealistically, is it possible to conclude a rental agreement with the HOA (cooperative house). I understand that the administration is charging rent illegally, since This is a local area (I checked it according to the cadastral plan, the pavilion is exactly installed on the adjacent territory). It is really possible to achieve (possibly through the court) that they return everything that was paid to the city administration.

admin | 2017/12/18

Hello Julia! First of all, you need to terminate the current lease agreement with the administration in order to subsequently conclude a lease agreement with the HOA. As for the amounts previously paid under the lease agreement, resolution of this issue will be possible in court if it is established that the administration, not being the owner of this land plot, received money from you for leasing such a plot. In this case, it will be possible to recover the amounts paid as unjust enrichment.

Lobanova Ella | 2017/12/22

I am the owner of a non-residential premises (basement) in an MKD. In 2005. We built an entrance group. In 2012, at the request of the HOA, we drew up a cadastre plan for an apartment building with a local area. The HOA did not issue a certificate for the land. On December 10, 2017, the homeowners association sent us an invoice for renting a plot of land for an entrance group. Is this natural?!

admin | 2018/01/03

Hello Ella Lobanova! As a general rule, the land plot under an apartment building belongs to all owners of the premises of the apartment building. If you are the full owner of the premises, then you do not have to pay land tax.

Elena | 2018/07/10

Hello.
I live in an apartment building. The adjacent territory of the neighboring apartment building is 0.5 meters from our house. During the improvement of their territory, a children's playground was built directly in front of our windows. At a considerable distance from the neighboring house.
The area was equipped with benches. The entrances of the neighboring house do not have them.
To illuminate the site, we deployed a street lamp so that it was aimed directly at our windows (and the windows of our neighbors), because... the platform is located under them, and the lantern itself is at the height of our apartment
As a result, during the day (from 8 am to 10 pm) we hear regular noise (up to 75 dB); in the late evening, the benches are occupied by adults, not always sober and quiet people.
For the rest of the night the room is brightly lit with orange light (through the curtains), which also makes it difficult to sleep.
Do we have rights and any opportunity to regain the opportunity to rest? Point by point: lantern, benches, noise from the site.

admin | 2018/07/24

Hello, Elena! First of all, you need to contact Rospotrebnadzor with a statement that the established light mode of the flashlight disturbs your rest and peace at night. You can also contact the management company. As for the noise from benches and playgrounds, in this matter you need to contact only the local police officer, since crime prevention is exclusively the responsibility of the police. The more evidence you collect of violation of your peace, the more chances you will have of considering this issue in your interests. However, according to the law, at this time you only have the right to request the relocation of the lamp.

Sergey | 2018/11/28

I live in a 9-story microdistrict. The same 9-storey microdistrict is located nearby at a right angle. Between our houses at the ends, a small square of land is formed. There used to be a passage between our houses. This was convenient, since the entrances are located on different sides. Now this square is completely built up for a store. According to the law, it is possible to recognize this area as the adjacent territory of both houses or one, and for the store owner to pay rent to the residents. On the public map this store has a cadastral number and address.

admin | 2018/12/09

Hello Sergey! First of all, you need to contact the administration with a request to provide you with clarification regarding the legality of developing a land plot related to apartment buildings. You also have the right to file a complaint with the prosecutor’s office and the court with a statement of claim to declare the decision to allocate territory for a store illegal.

The adjacent territory of an apartment building is a plot of land adjacent to the building, on which there are passages for vehicles and facilities necessary for the full functioning of the residential complex.

Who owns the adjacent territory?

In the vast majority of cases, the plot of land under and around the house, with all the amenities located on it, is the property of the residents.

But in some situations, in order to fully secure the right to dispose of usable space and arrange it in accordance with their own ideas about order, apartment owners need to contact the appropriate authorities.

You can find out who owns the adjacent territory of an apartment building by contacting the management company, HOA or cadastral chamber. If the land belongs to the municipality, then it is for the use of the residents of the house, for which an appropriate agreement must be drawn up.

It also stipulates:

• powers of both parties;
• under what conditions is the territory used;
• the presence or absence of the owner’s right to rent out part of the usable area.

One copy of the agreement is usually kept directly by the HOA and by the local administration.

Without the consent of the residents in whose shared ownership the plot is located, it is impossible to take any action regarding the common area of ​​the house. Therefore, in the event of its privatization, there is no need to be afraid that a store, a parking lot will suddenly appear in the yard, or the construction of a new residential building will begin.

However, it is necessary to understand that after registration of ownership of the site, a number of financial costs fall on the shoulders of the residents: land tax, payment for landscaping and maintenance of the site in proper order.

How to use the local area

When a common plot of land belongs to the homeowners, it can be managed in three different ways.

1. The owners make decisions independently, at a general meeting.
2. Management is entrusted to the HOA or selected cooperative.
3. Responsibility lies with the management company.

Regardless of who owns the common area, there are a number of restrictions associated with its use.

1. It is not allowed to in any way create obstacles to the maintenance of all communication systems of the house, or block access to the territory for residents and other persons.
2. It is also prohibited to interfere with work aimed at arranging and beautifying the common area of ​​the house.
3. Garages or outbuildings cannot be installed on a common area of ​​the house. The only exceptions are veterans of the Great Patriotic War.
4. Parking of cars can only be carried out in specially designated areas.
5. Unauthorized cutting down of trees and shrubs, as well as planting of any greenery, is prohibited. To carry out such work, permission from the administration or a decision from a meeting of residents is required.
6. It is not allowed to erect obstacles in the form of fences around objects that are in common use by all owners.

The adjacent territory of an apartment building can be transferred for use to third parties for a fee. The decision on who and under what conditions to lease the space is made at a general meeting of residents.

The distribution of the received profit is carried out in the same way. It can be used for various needs, which include: payment of utilities, installation of new facilities and other improvement of the site.

Although the plot of land adjacent to the house is in common ownership of all homeowners, it is impossible to allocate a specific part of it for the personal use of one resident or group of residents.

Installation of road signs and speed bumps

In order to ensure safe movement around the yard, get rid of those who want to park on the lawn or playground and reduce the passage of extraneous cars whose drivers thus want to shorten their journey, you can take some measures.

The simplest, but, alas, least effective method is to install a “Residential Area” sign. Within its scope, it is prohibited to travel at a speed of more than 20 km/h and make a long stop with the engine running.

This sign determines the right of way for pedestrians on the roadway and prohibits parking of cars in any place other than a plot of land specially designated for this purpose.

If residents have expressed a desire to install such a sign at the entrance to the adjacent area, then first of all it is necessary to hold a meeting of all persons in whose use the site is located. If the installation is approved by a majority vote, minutes of the meeting must be drawn up in which this decision will be recorded.

The first one is longer. Due to the fact that the installation of any road sign is financed from the local budget, you need to submit an application to the municipality, attaching a copy of the protocol with the signatures of consenting residents, so that the administration allocates the necessary funds.

This is then followed by an appeal directly to the traffic police, where the application to place the sign must also be approved. Only after this will signs be installed at the entrance and exit of the local area, and most likely this will be done only next year.

There is another way. You can immediately apply for the installation of appropriate road signs to the local traffic police department. In almost one hundred percent of cases, this request will be denied because the placement of the sign was not included in the budget plan in advance.

Then you can finance the work from your own pocket, collecting the necessary amount from all homeowners. The installation of speed bumps is carried out in a similar manner.

Installation of barriers

If a certain road sign can somehow regulate the situation with disorderly parking, then the passage of unauthorized cars is unlikely to decrease. To combat this problem, many HOAs decide to install fencing and barriers. But this must be done in compliance with all the rules.

The procedure consists of several stages.

1. First of all, it is necessary to organize a meeting of residents, at which the issue of installing a barrier to restrict access of strangers to the yard will be considered. If more than 70% of the owners are positive about this issue, then you can move on to the next stage, having previously recorded this fact.
2. Next, you need to submit an application to the local administration, attaching to it the minutes of the residents’ meeting and a detailed design of the fence. Within a month, it must be considered and a decision must be made on it, of which the owners are notified.
3. You need to be prepared for the possibility that you may receive a refusal. This usually happens if, as a result of reviewing the application, it turns out that after installing the barrier, 24-hour unhindered access to the yard for utility and emergency services vehicles will not be provided.

If an already installed fence poses an obstacle to territory development, repair or construction work, which is financed from budget funds, it can be dismantled.

At the same time, residents are notified in advance about dismantling and all costs incurred by the owners of the common land plot are compensated in full. The amount of compensation is determined through an independent examination.

Removing obstacles to using the local area

Controversial situations often arise when, during a meeting, it turns out that not all owners have the opportunity to pay from their own funds for the installation and maintenance of a barrier or coded gate. And since such residents usually remain in the minority, the installation of fences is still carried out.

An initiative group of owners who monitor these works subsequently do not issue keys to the neighbors who refused, arguing that these residents did not participate in the collection of financial resources.

Such actions are illegal, which can be proven by filing a claim in court. By decision of the court, the chairman of the HOA undertakes to ensure unimpeded passage and passage to the local area for all homeowners, without exception.

It is also worth noting that some residents unauthorizedly place non-permanent buildings on the common property (most often these are shell garages). To legally carry out such actions, it is necessary to obtain the appropriate permits.

This is either the consent of the majority of owners or permission from the city administration, depending on whose ownership the land is. If the owner of the building does not have any permits, then the structure is subject to demolition.

An exception to this situation are WWII veterans, who can freely build a garage on the adjacent area, but only for personal use.

Any buildings, barriers and plantings must have documented permission.

Otherwise, they are subject to demolition as illegal. In rare cases, owners manage to obtain consent after the construction of the structure/fence, but the best option is still to prepare all the necessary papers in advance.

The adjacent territory of an apartment building is a plot of land adjacent to the house and used by residents at their own discretion. If the site is not privatized, apartment owners can register ownership of it. But as a result, they have not only broad rights, but also responsibilities for the maintenance of common property.

What is considered a local area?

All multi-storey residential buildings are built on a plot of land, which forms a small local area. Ownership of it is registered with Rosreestr in the usual manner. Common facilities on the territory include the following:

1. Land under a residential building;
2. Fire drive;
3. Elements of landscaping and arrangement;
4. Car parking;
5. Boiler room;
6. Transformer substation;
7. Other infrastructure elements.

Many are sure that the local area is 3-6 meters. In reality, size can be influenced by various factors. The area and boundaries of the plot are registered in the cadastral passport, information about which can be clarified in Rosreestr.

As a general rule, the area depends on such indicators as the number of storeys of the building, the number of roads, the density of urban development within a particular street and the size of the plot initially allocated for development. If the site is not officially assigned to the residents of the house, the local administration is responsible for maintenance and cleaning.

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Sanitary requirements

According to the Decree of the Chief State Sanitary Doctor of the Russian Federation No. 64 dated June 10, 2010, standards for servicing the local area of ​​an apartment building are determined. They contain the following requirements:

• The territory plan must contain the exact distribution of zones, including the landscaping area, playground and parking lot;
• Draining technical fluids and vehicles is not permitted;
• It is prohibited to place separate shops, industrial premises and public catering facilities.

It is important that the area is cleaned daily. In summer, it is necessary to water green spaces, and in winter, remove snow and ice.

The owners are responsible for the favorable state of the environment around the house. It is prohibited to plant trees that excessively spread pollen and fluff. This has a negative impact on people with allergies. If the lawn area increases, pedestrian areas should not decrease. If intentional damage to plants is proven, an administrative fine is issued. Walking on lawns is not permitted.

In accordance with GOST R 52169-2003, the equipment of the local children's playground is regulated. If the majority of residents are owners, they must independently decide on its installation and maintenance. In most cases, this function is transferred to the management company or HOA. In municipal buildings, this issue is dealt with by the administration.

The playground should be located away from the roadway. Green plants are planted around it to provide shade in the summer. This provides additional safety from the scorching sun. If there is sand in the children's complex area, it must be changed every year.

Pedestrian sidewalks and the area in front of the entrance are made of hard surface. Storm water drains must be installed. To ensure an adequate level of safety for passing citizens, the entire area is illuminated in the evening and at night.

Who is responsible for order?

Despite the existence of joint ownership, residents often complain about poor cleaning of the area. Usually we are talking about poor performance of the wipers. The latter are dissatisfied with their working conditions. First of all, it is important to determine who is responsible for the condition of the yard. Responsibilities for cleaning and condition of the local area are assigned to the following organizations:

1. Management companies;
2. Private organizations.

This is one of the companies with which the owners have a service agreement. Management companies regulate a wide range of issues related to garbage collection and removal, payment of utilities, and partial performance of the functions of passport office employees. As for private organizations, they can be entrusted with certain responsibilities based on a service agreement. At the same time, the responsibility for maintaining the territory rests with residents, regardless of their form of ownership.

Control over the activities of management companies is exercised by municipal authorities. If duties are not fulfilled or performed improperly, residents are required to notify the management of the management company about this and draw up a report. If the fact is confirmed, the cost of the service is reduced or work of proper quality is performed.

If the management company does not respond to citizens’ appeals, the latter can file a complaint with the administration, housing inspectorate or Rospotrebnadzor. If no further action is taken, a lawsuit may be filed with compensation for moral damages and damages caused.

If residents enter into a cleaning contract with the management company, the price of the service is calculated in advance. It is always calculated depending on the area of ​​the apartment. The more meters there are in a property, the higher the costs of maintaining the common property will be.

The standard list of services includes not only direct cleaning, but also the following:

• Seasonal grass and lawn mowing;
• Painting fences and fences;
• Clearing sidewalks of debris;
• Removing ice and snow;
• Removal of garbage, old branches and snow.

As for the frequency and rules of cleaning, they can be found in the rules of a particular city. Regional and municipal authorities have the right to set their own requirements, which depend on the climatic features and weather conditions in specific places of residence. The permeability of the area and the amount of accumulated precipitation are also taken into account.

This issue is usually dealt with by local authorities and management companies. In the latter case, serious repair work is paid for by the residents of the apartment building. In most cases, we are talking about repairs in the entrance and on the floor areas. The decision is made by apartment owners at a general meeting. In addition, recreation areas, playgrounds or roads in the yard may be repaired.

If repair work is carried out in a timely manner, there is no need to invest large amounts of money. Minor damage can be repaired. But if we are talking about capital work, the owners will have to invest money and find an organization that agrees to carry out the work. As a result, the house and surrounding area will become comfortable for all residents.

Installation of fences

If owners want to protect the territory from outside vehicles and citizens, it is necessary to install a fence. The legislation allows the installation of only the following fences:

1. Decorative fencing. It can be made of wood, corrugated board or metal. This is a low-height fence that does not aim to provide complete security, but does not allow cars to drive onto lawns. It can be made from green spaces, such as shrubs of different heights.
2. Full fence. This is a wooden or metal fence up to 2 meters, which is installed around the perimeter of the house. Keys to gates and gates are presented to all residents.
3. Target fence. Installed in the form of metal mesh for fencing sports grounds and garbage cans. Fencing up to 3 meters is allowed.
4. Temporary fence. Typically these are temporary wooden fences that are installed by construction companies during the renovation or construction of buildings. They provide safe passage and are removed after work is completed.
5. Barrier. It is established as an additional measure that allows blocking part of the passage and allowing vehicles of residents, service organizations and emergency services to enter.

Thus, there are certain standards for the maintenance of the local area. It must be maintained in accordance with sanitary standards. Cleaning is carried out regularly, certain types of activities are not allowed on the site, and requirements are established for the placement of social and commercial facilities.

Every modern apartment building must have a local area equipped with a children's and sports ground, a green area, trash cans, benches, etc. You can often see a picture where the courtyard of a high-rise building is in poor condition, and the property owners pay in full for utilities for landscaping.

How is the common area determined, and who is considered responsible for the condition of the courtyard of a multi-story building?

The concept of local area

Adjacent territory is a plot of land with an apartment building located on it and various buildings, structures and structures included in it.

The territory belonging to an apartment building creates conditions for normal use of the building. The yard plot must be equipped with the following facilities, located within the limits recorded in the cadastral passport:

• the land plot on which the building is built;
• landscaping and other types of territory development;
• fire passages;
• parking;
• playgrounds for children and sports activities;
• clothes dryers;
• transformer substations;
• heat shields;
• garages, if provided for by the project.

A plot belonging to an apartment building is a single territory and it is prohibited to divide it for use or sale for a specific apartment.

How to find out the area and boundaries?

The parameters of the local area are recorded in the cadastral passport. Referring to this information, payments for caring for the yard are calculated. The adjacent territory of an apartment building is not in all cases registered with the cadastral chamber. To determine the territory adjacent to the house, in this case, use the registration certificate for the land plot.

If you do not know the boundaries of your common area and do not know how to determine them, contact our lawyers for advice.

How is the adjacent territory of an apartment building determined?

The size of the common area is calculated based on the density of built-up objects around the house, the number of storeys, and the presence of public roads.

The minimum size of the territory of an apartment building corresponds to the area of ​​the building.

To establish a standard area for the territory related to an apartment building, use a special formula: multiplying the entire area of ​​the building by the specific indicator of the share of land per 1 m 2 of housing, which takes into account the number of floors and age of the building.

In fact, the area of ​​the site owned by an apartment building is determined by the location of all objects in relation to each other, as well as the volume of territory allocated to the developer for the construction of buildings and other aspects.

Who is the owner of the local area?

According to Article 36 of the Housing Code of the Russian Federation, the adjacent territory of an apartment building belongs to the common property of the apartment owners. Common shared ownership in the house applies to such objects as stairs, elevators, technical floors and local areas.

Even during the construction of an apartment building, the territory that will be adjacent to it is established. Future owners will become co-owners of the common area, since it automatically and free of charge transferred to their possession and use.

The common area of ​​the house is an object subject to taxation. The tax is calculated depending on the number of apartments in the building.

Who should maintain the territory?

Maintaining the local area in proper condition falls on the shoulders of apartment owners. Co-owners can entrust the management of the local area to:

1. House committee (in case of independent management).
2. Homeowners association or other non-profit organization.
3. Management company.

If the adjacent area does not have the appropriate registration, then the administration of the municipality provides care for the condition of the territory.

Responsibilities for landscaping

Landscaping implies creating conditions of cleanliness, comfort and safety. If you are not satisfied with how the responsible organization fulfills its responsibilities for landscaping a common area, please consult our lawyers who will help protect your rights.

Those responsible for the improvement of a common area must ensure:

• regular yard cleaning;
• planting and caring for green spaces, arranging flower beds and caring for them, maintaining the lawn in proper condition;
• organization of waste accumulation sites;
• organizing waste collection;
• removal of municipal solid waste;
• snow cleaning and removal;
• production of metal fencing for common areas;
• painting metal fences;
• equipment of a playground for children, equipped with sandboxes, slides, etc.;
• equipment of benches and their care (cleaning and painting).

When buying an apartment in a multi-storey building, pay attention to where the parameters of the common area of ​​which you are a full co-owner are indicated.

When paying a utility bill, look carefully at what you are paying for and the condition of your common area. If the fee does not correspond to the level of services provided, file a complaint with the management company or with a complaint with the housing inspectorate. This will avoid unnecessary fees and force the responsible service for caring for the common area to perform its duties efficiently.

What could the local area look like? And what do owners need to know in order to use the land adjacent to an apartment building to their advantage?

BN looked into what could be included in the local area, who has the right to dispose of it, and how residents can check whether their interests are not violated during the operation of the site.

By the spirit of the law

Let us note right away that there is no clear concept of “domestic territory” in federal legislation. There is a Decree of the Government of the Russian Federation dated August 13. 2006 No. 491 “On approval of the rules for maintaining the property of an apartment building...”. It says that the local area may include children's and sports grounds, collective parking lots, fire passages, transformer substations, etc. But in each specific case, officials determine the size of the local area taking into account the density of the surrounding buildings, the presence of public roads, number of floors of the house, etc.

The right of citizens to own and dispose of the local area is enshrined in Article 36 of the Housing Code of the Russian Federation. But only homeowners can use it - and only if the plot of land has undergone the land surveying procedure and has been registered with the cadastral register. Each homeowner, in theory, has the right to a share in the local area - of course, we can only talk about common property.

Homeowners' associations, housing cooperatives or management companies, at the request of citizens, are obliged to inform whether land surveying and cadastral registration have been carried out. You can also find out by contacting the Rosreestr Office for St. Petersburg.

In St. Petersburg, 11 thousand adjacent areas have been registered as common property. Moreover, there are more than 23 thousand apartment buildings in the city

The Rosreestr Office will give one of two answers to your request. Or a common ownership right has been issued for the local area. Either the land is provided to the HOA, housing cooperative, or management company for use, then an appropriate agreement must be concluded between the city (owner) and the users. The document specifies the conditions for using the site, the possibility of erecting buildings on it, the right (or lack thereof) to lease the territory to third parties.

Strive for agreement

If the plot is registered in the cadastral register, then the issue of its use is decided at a general meeting of owners. This could be, for example, organizing car parking, children's and sports grounds, leasing land to third parties... At least two-thirds of homeowners must vote for one or another use option.

In most cases, conflicts between neighbors arise when it comes to creating a fenced parking lot in the local area. There are often not enough parking spaces for everyone. And the owners are forced to come to an agreement among themselves, otherwise the matter may end up in litigation.

For example, residents of the lower floors may actively object to parking, especially if they are “horseless” citizens. As noted by lawyer of the St. Petersburg Chamber of Real Estate Irina Timofeeva, a parking lot designed for 30-50 cars should be located at a distance of 15-20 m from the walls of a residential building. If there are more than 50 cars, then the distance should be at least 25 m.

Quite often there is a situation where citizens purchase apartments on the secondary market, but are denied use of a parking lot. In this case, you must request a copy of the minutes of the general meeting of owners from the management company at which the decision to create a parking lot was made and carefully study it. As a rule, the protocol contains a list of apartments whose owners have the right to use parking.

Every fifth fenced parking lot in local areas in the city was created in violation of the law or without taking into account the opinions of residents

Please note that paid parking can also be organized in adjacent areas registered as common property. The law does not prohibit this. But usually the courts side with owners who oppose such initiatives.

“It’s another matter if a fee is charged for protecting the territory of a parking lot, or a homeowners association, housing cooperative, management company rents a plot for it from the city, which also happens quite often. Then the collection of funds for the use of parking from citizens occurs legally,” notes Anna Gorbenko, consultant to the Real Estate Commission of the Consumer Society of St. Petersburg and the Leningrad Region.

Sometimes the appearance of fenced areas can provoke scandals between residents of neighboring houses, especially if the shortest passage or exit to the highway is blocked for citizens. And if the area where parking is organized is registered as common property, then it will be problematic to somehow influence the situation.

Often questions to HOAs, housing cooperatives, management companies arise when residents find out that part of the local area is rented out to third parties. For example, for the already mentioned paid parking lots, shopping pavilions, etc. And citizens want to know for what purposes the income received is spent. This information must be reflected in the minutes of the general meeting of residents. Rental income may be spent on current and major repairs of the house, payment of general expenses for its maintenance, landscaping of the territory, or accumulated in special funds, if the owners do not object. Management organizations are required to report annually to homeowners on the funds earned from renting land.

The main thing is initiative

When the adjacent territory is provided to the HOA, housing cooperative, management company on the right of use, then there is no need to rush into creating parking lots, sports grounds, etc. Moreover, if land users do not have such a right in the agreement with the city. Otherwise, anyone will be able to challenge in court any initiatives of the residents.

In this case, at a general meeting of owners, a decision should be made to register the local area as common property and an authorized person should be elected who will begin collecting the necessary documents. In HOAs and housing cooperatives, these are usually members of the board. The management company consists of specialists from this organization.

The district courts of St. Petersburg hear three to five cases every month challenging the legality of the creation of parking lots. In half of the cases the court sides with the plaintiff

It is worth admitting that officials are not very willing to register adjoining plots of land in the central part of the city as common property, as well as in areas of long-established development - here owners are often asked to demarcate plots for the purpose of a residential building. It is possible that for a house with history it will be necessary to raise a lot of archival information, and you will have to defend your rights to the land in court. It is best in such cases to resort to the services of lawyers.

Proper registration of an allotment as a common property will allow, among other things, to avoid such troubles as compaction development, cutting down trees, etc. There are more than enough nuances in the use of the adjacent plot by the owners, but it is possible and necessary to defend their legitimate interests.