Legal status of the adjacent territory.

How is it determined?

Often we ourselves witness that in place of a park, a playground, and other structures useful for citizens, a parking lot or retail space appears, which regularly pay rent to management organizations (find out the rules for organizing parking and a children's playground in the local area).

Therefore, it would be useful for the residents themselves to find out what is included, how the calculation of the adjacent territory of an apartment building in the Russian Federation occurs, how they can dispose of it, and also what rights management organizations have to this site (about how the site can be disposed of and the rules use, you can find out here).

Article 16 of Federal Law No. 189 tells us that the land on which an apartment building is located belongs under common rights to all owners of the premises in this building. But, despite what the law says, the local area is often used for other purposes. And in accordance with the act of accepting the transfer from the developer to the management organization of the apartment building, various indicators of the footage of the plot are indicated.

In some cases, the local area can be extensive and include a number of other buildings. In other situations, the local area is the land on which the house stands and nothing more.

In accordance with the paragraphs of the Housing Code, the local area is an area that ensures the normal operation of a residential building. Its size will be regulated in accordance with urban planning regulations.

Various important areas should be located in the local area. These include fire lanes, playgrounds, garages, recreation areas, public gardens, places for walking with children and dogs. You can find out who should be involved in landscaping the local area in this article.

You can get acquainted with the layout plan of the local area specifically for your house by obtaining a construction plan from the management organization or developer company.

A survey of the built-up area must be carried out. Only after this procedure can we talk about which territory is recognized as a common home.

Read more about what defining the boundaries of a local area is and what rights owners have here.

Who sets the boundaries of the territory adjacent to the building?

Our company is the owner of part of the building located on municipal land. Recently, representatives of the administration came to me and said that we must clean the area on which the building stands. How to find out the size of the surrounding area, and where should it be recorded? And yet, the basement is an object of civil defense and emergency situations, should they take part in cleaning the surrounding area?

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You indicated that part of the building is on municipal land. Therefore, if the municipal land plot on which the building is located is included in the State Property Committee and has boundaries, then you can look at its configuration on the Public Cadastral Map of Rosreestr. I believe that that part of the land plot free from the building is the adjacent territory.

How many meters from the house is considered a local area?

From the fence.

Often developers install a special fence, thanks to which they protect the residents of an apartment building from strangers.

Sometimes no one is allowed into the aisles of the fence except the direct owners of the premises of the apartment building.

This measure allows you to protect the territory from prying eyes and, accordingly, debris, thereby prolonging its well-maintained condition for a long time.

Read more about who is responsible for cleaning the local area (yards) of an apartment building here.

How many meters from the fence is considered a local area and how many meters of local area can be allocated from the house to the immediate fence? To answer this question, you need to refer to the apartment building’s passport, which is kept by the management organization or the developer’s company.

This document indicates the size of the local area directly from the residential building to the installed fence.

What distance from the fence is considered a local area?

As a rule, the length of the distance from the house to the fence should not exceed 15 m. But sometimes the figures may vary.

More information about the local area and how to determine boundaries can be found here.

From the house.

How many meters from the house is considered the adjacent territory of an apartment building? Many residents want to establish the extent of the local area from the immediate home to the established restrictions. Many people believe that the local area should be limited to a couple of meters from the wall of the house. This is wrong.

Depending on which territory originally belonged to the developer’s company, the total size of the plot is determined. It is impossible to say unambiguously what frames a given area located near the house should contain.

Next to one building, the area of the adjacent territory of an apartment building may not exceed several square meters, while next to another building it can exceed tens or hundreds of square meters and accommodate many infrastructure facilities of an apartment building.

In order to form an opinion about what local area, or rather what its size, belongs directly to your home, you need to familiarize yourself with the land surveying documents, as well as the cadastral passport of the building.

Maximum and minimum size

The Town Planning Code does not clearly indicate what parameters a site in the local area should have. There are no strict data on what shape the plot should be and what its footage should be.

But the town planning code gives us the concept of the maximum and minimum size of a land plot owned by an apartment building.

Multi-storey buildings are built in different conditions, different areas and, accordingly, on different sites. It is not always possible for a development company to purchase a plot of land that would meet all the necessary requirements of future residents. This is where the concept of the minimum size of the local area of an apartment building comes from. Sometimes, a development company acquires a plot of land that is the size of a house.

Thus, when leaving the entrance, you immediately find yourself on territory that no longer belongs to your apartment building. That is, the minimum size of the building area is equal to the parameters of an apartment building.

As for the maximum size of the local area, it can vary from the minimum to the maximum. It can be limited only to other buildings that are not included in the infrastructure of the house, and the land survey plan. Unfortunately, the legislator did not leave any more specifics on this issue.

For more details about the standards for the size of the local area, read our article.

Is it possible and how to increase it?

It often happens that residents do not have enough size of the local area.

Then the idea of expanding the local area comes to them. This plan can be realized by contacting the management organization.

There are two options for increasing the area. The first option involves renting a certain plot of land. Residents pay monthly rent for the plot and use it based on a contract.

The second method is the purchase of a land plot. Residents become full owners of a specific plot of land and dispose of it at their own discretion (read about whether it is allowed to register a plot of land and how to do it here).

The legislator provides for such options for expanding the local area and in every possible way encourages residents to independently carry out these actions as part of the protection of their rights.

On the obligation to clean the surrounding area

I did not draw up any agreements with the administration of the Leninsky district to assign this lane to myself. Moreover, I applied to the Investment Commission of the Nizhny Novgorod Administration with an application to allocate this plot of land (where the landfill is now) to me for gardening. But this was denied to me.

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There is a heating main in the alley between my house and the neighboring one. A landfill has been formed there for several years. I have been trying unsuccessfully for several months to get city and district authorities to remove this landfill. After numerous correspondence and appeals to various authorities, I received a response from the administration of the Leninsky district, in which I was asked to clean up this landfill within 5 days. In this letter, the administration refers to the Law of the Nizhny Novgorod Region No. 144-Z dated 08/26/2010 (I think that they mean paragraph 12 of Article 5 of this Law) and the Order of the Government of the Nizhny Novgorod Region dated 08/11/2008. No. 1313-r (I think they mean paragraph 3 of this Order).

What if they arbitrarily limit the size of the local area of an apartment building?

If a piece of land is actually being used for other purposes and residents are not told about it, then the owners of the premises have every right to file a claim in court.

To do this, residents must properly record the fact of the violation. Photography will be suitable, as well as a link to the developer’s plan where you can observe the actual dimensions of the local area.

After this, the initiative group of residents must draw up a statement and submit it to the competent authority, that is, to the court. Don't forget to get signatures from all residents.

The court will consider your application and if signs of an offense are visible, a court hearing will be scheduled.

During the court hearing, citizens can recover from the management organization or developer company moral damages, as well as benefits not received from the use of the land plot. In addition, an administrative fine will be assessed.

The court will decide to eliminate the injustice and give residents back the use of the illegally limited territory. Compliance with this requirement will be closely monitored by bailiffs and the Housing Inspectorate.

The housing inspectorate may be involved in this case, which will fine the violator an impressive amount, and will henceforth keep this organization under control.

Find out more information from our experts about the local area and its maintenance standards. Familiarize yourself with the nuances of repairing the local area, providing lighting, installing barriers, as well as paving and repairing roads.

The area adjacent to the building

Sarzhin Yar - Sarzhin Yar, in the 18th century also Sarzhen Yar [1] (Ukrainian Sarzhin Yar) a beam (yar) more than 12 km long with gentle slopes in Kharkov, Ukraine. Separates Pavlovo Field (from the west) from the Nagorny district (from the east). Famous for its mineral water spring... Wikipedia

Yard territory is an area adjacent to a residential building and is in the common use of the persons living in it, limited along the perimeter by residential buildings, structures, structures or fences. On the courtyard territory in the interests of persons living in residential... ... Official terminology

11 Aug 2021 glavurist 1057

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