Neighbor’s consent to construction along the boundary - how to get a sample

The desire to protect your privacy and ensure the safety of your garden, vegetable garden and other property suggests the idea of ​​​​building a strong, reliable fence around the site. But construction may affect the interests of other people.

To avoid conflict situations, it is advisable to coordinate this action with the owners of neighboring houses and obtain official permission to build a fence.

If in order to obtain the consent of neighbors it is enough to discuss the situation with them and reach an agreement over a cup of tea, then with local authorities the situation is different.

They have very specific requirements for the construction of fences. And the closer to the city the fenced area is located, the stricter the requirements and control over their compliance.

Conditions for building a fence in the city

Construction around a site in a populated urban area falls under the wording “external improvement facility” and is regulated by the Town Planning Code of the Russian Federation. It is not clear to everyone whether a permit is needed to build a fence in this case.

For the planned fencing, it is necessary to develop a full-fledged construction project and coordinate it with the structures of the state architectural and construction supervision (GASN) and urban planning.

The construction project for obtaining a permit includes a number of documents:

• document on ownership of the land plot;
• geodetic diagram of the site and adjacent territory on a scale of 1:500 (included in the project);
• diagram of the vertical layout of the site in the presence of a significant slope (included in the project);
• design drawings on a scale of 1:50 (included in the project);
• sketch drawing of the finished fence (included in the project);
• explanatory note to the project (technical design, strength calculations included in the project);
• other documents upon request.

The presence of an approved construction project is often in itself a sufficient basis for approval of a permit.

The permit to build a fence is valid for 3 years (Article 62 of the Town Planning Code of the Russian Federation). If construction is not started within this time, then upon expiration of the period you will have to obtain permission again.

The received construction permit and design documentation must be registered with local authorities.

Two types of permits

There are 2 ways to obtain the consent of your neighbors:

• in the form of a written statement, which is provided from each resident of the house. In this case, you will need to go to the neighbors, notify them about the planned redevelopment and ask for written consent. This option is suitable for houses with a small number of apartments;
• in the form of a notarized consent obtained during a meeting of residents. This option is relevant if it is necessary to obtain consent for reconstruction and reconstruction work.

Conditions for the construction of fences in SNT and cottage communities of individual housing construction

Construction around sites in the villages of gardening partnerships (SNT) must comply with the Charter of the partnership.

It lists three types of fences: front, side and between properties. There are separate conditions for each.

Front fence

It encloses the area from the street side, can be solid and opaque, up to 2.5 meters high. However, for fencing on the front of the house, the requirements may be to comply with the architecture of the house, have a beautiful appearance and be inaccessible to uninvited visitors.

When can registration be refused?

Neighbors and permitting authorities may refuse their consent to the construction of a structure or its official registration in the following cases:

• if the design does not correspond to the project,
• if it does not meet the technical requirements,
• if low-quality building materials are used,
• when outdated construction technology is used,
• when an extension spoils the appearance of the building,
• if the building is an architectural monument,
• if the construction is contrary to the interests of neighbors.

Requirements for fences in rural areas

The conditions that govern the construction of fences in rural settlements generally repeat the general requirements described in SNiP 30-02-97:

• height limitation to 2.5 m to ensure normal street illumination;
• no threat to passers-by or animals.

If there are sharp elements in the structure, they should be directed straight upward. It is prohibited to use barbed wire at human height.

When constructing a solid foundation wall, it is necessary to provide holes for water flow. The distance from the fence to the house is at least 3 meters, to the nearest buildings on the site should be at least 1 meter, to the poultry house and barn - at least 4 m.

How to register an extension to a private house and is it necessary to do it?

There is an opinion that if you are the owner of a site where there is a private house, then you can add anything to it without permission from any authorities, but this is not so.

If you want to add something to your private home , then remember the following:

• the placement of buildings is regulated by town planning legislation and everything needs to be agreed upon,
• an extension changes the area and design; if the house belongs to several people, then their share in it also changes, and this needs to be documented officially,
• during construction, the structure of the house is damaged, which can sometimes be unsafe,
• If there is no official permission for the construction next to a private house, then you will not be able to conduct real estate transactions with it, subsequently you may be fined, and the extension may be demolished.

Permission is not required only for the construction of non-permanent extensions to the house, for example:

• balconies,
• verandas,
• terraces, etc.

If you build a fence without permission

You can put up a fence without a building permit. Failure to obtain approval for the construction of fences outside cities does not entail any liability.

The owner has the right to erect any non-permanent structures on his site without any special permits.

However, when constructing fences without approval, there is always a risk of violating the rights and interests of neighbors, and this is fraught with conflict situations, complaints and proceedings.

Agreement on the construction of a fence along the boundaries of land users of the plots

you can on our website.

If an inspection reveals violations of building codes or fire safety requirements in the structure of the fence, the owner may be required to demolish or remodel the fence in accordance with the standards.

Obtaining permits and approvals from neighbors will eliminate both conflicts and unnecessary communication with supervisory authorities.

The situation with the construction of a fence within the city is completely different. Since fences are subject to the regulations of the Town Planning Code of the Russian Federation, obtaining a permit is mandatory.

How to register an extension: legal subtleties

When designing an extension to a high-rise building, lawyers advise taking into account the following:

• register the building as a non-residential property so that you are not subject to fines,
• collect technical documentation in advance to know for sure whether it is possible to build something in your case,
• it is better that the site is privatized,
• it is better to legitimize the premises as separate property,
• the structure must not interfere with or disrupt communications,
• Involve lawyers for registration.

Obtaining permission to build a fence

When a fence is built along with a house, permission can be obtained immediately. The procedure is carried out quickly, regardless of the authority.

If the fence is installed separately, the documents will take a long time to be verified.

What documents are required

To obtain permission to install a fence, you must collect:

• an act confirming the right to ownership of the plot (extract from the cadastral book);
• a copy of the real estate registration card certified by a notary;
• geodetic diagram with a scale of at least 1:500;
• location of trees on the site indicating the surface topography;
• drawing of the fence, its section (scale 1:50);
• retaining wall plan;
• technical calculations, description of the fence;
• expert opinion on compliance with standards;
• degree of translucency of the fence (not in all cases).

If the fence will be built next to an architectural monument, you must attach a photograph of the building (facade) to the documents. You will also need to specify the color of the fence so that it matches the building.

Where to go to get permission

To prepare documents for the construction of a fence, you will have to spend a lot of time.

List of authorities that need to be passed:

• GASI (state architectural construction inspection);
• committee for the protection of monuments, if they are nearby;
• beautification committee;
• public utilities (energy company, water utility);
• landscape architecture department;
• local road safety inspection department.

Design rules and content

There are no strict requirements for the execution of the document; it is drawn up in free form, but the following standards should be taken into account:

1. Consent must be given in writing; oral permission is not sufficient.
2. Consent must be provided only by the owners, and in no case by tenants or other third parties.
3. The document is drawn up in a standard form, indicating the “header”, where the details of the applicant and addressee are written down. The text itself contains the data of the persons giving consent, a description of the changes being carried out, the number of floors of the building, the cadastral number of the plot, and similar information about the plots of neighbors.
4. Must be signed by all neighboring owners, indicating the date of preparation and signing.

For a sample of neighbors' consent for an extension or construction of a house, see here:

When you don't need permission

However, if the extension fits in organically and does not violate any of the above conditions, as well as sanitary and fire safety standards , then no permission from neighbors is required in this case.

And here the status of a blocked house, if the house is divided in kind with proper registration, as well as determining the procedure for using the land, undoubtedly wins.

Since for construction on your own land no permissions from neighbors are required.

But given the size of our plots, it is unrealistic to comply with all these standards. So in architecture they require a building permit from neighbors without fail , in order to avoid consequences...

How to coordinate the completed reconstruction with the administration?

If the reconstruction is carried out without the approval of the competent authorities, the property owner will have to pay a fine. To avoid negative consequences, we recommend doing everything according to the law.

The law does not clearly define the rules that make it possible to legitimize unauthorized reconstruction. And the problem can only be solved by going to court, but this will require consultation with experts and lawyers.

On a note

The property owner needs to collect title documents, order engineering surveys, prepare a project plan and technical documentation.
With the prepared documents, contact the architecture or municipality, in the end you will receive a refusal. As a result, you have to go to court, attach documents and the fact of applying to architecture. The court may side with you if the work is carried out in compliance with the technical regulations. normal When you manage to legalize the reconstruction through the court, submit information about the changes to the registry. To do this, you need to go to Rosreestr from those. plan, and after you are registered, you will receive an extract from the Unified State Register of Real Estate.

Basic building codes

Before starting construction, you should study all the rules and requirements. It is important to correctly determine the location of the building, since placement too close to a neighbor’s plot or house is not allowed.

The main norms include:

• the residential building must be located at a distance of at least three meters from the border of the land plot;
• outbuildings are located at a distance of at least a meter;
• a toilet, sauna, bathhouse, compost pit are located at a distance of at least eight meters from the neighbors’ territory.

The distance is determined by measurements. The starting point is taken from the base of the building or from the wall of the building. If structures have canopies, loggias or other protruding elements, calculations are made from them.

How to write?

An agreement between neighbors to install a fence at the boundary is necessary so that in the event of a conflict situation, disputes between neighbors or a change in the owner of the property, there is no need to demolish or change the fence.

An agreement is drawn up if the fence differs from the standards established by law. For example, height or density exceeds established standards.

Important! It is believed that the agreement can be drawn up in simple written form. Art. 421 of the Civil Code of the Russian Federation allows citizens to enter into any agreements that are not prohibited by law. A Art. 163 of the Civil Code of the Russian Federation requires mandatory notarization only for those documents for which such a requirement is specifically established.

There is no required notarial form for an agreement between neighbors to erect a fence on a plot of land. However, it is advisable to contact a notary office.

The main reason is the possibility of selling the house and land. In this case, the new owners may be dissatisfied with the current order. A simple written agreement can be challenged in court.

To avoid such a situation, it is advisable to have the signatures of the parties certified by a notary.

Neighbor's consent to reconstruction

When a building is registered to 2 or more owners, and changes will affect both parties, then you have to contact the architecture and coordinate the work. In addition, it is necessary to obtain the consent of the neighbor, otherwise the work carried out will be considered illegal.

Reconstruction refers to repair work, the main purpose of which is to transform the key parameters of the structure and make changes to the technical characteristics. This could be the addition of a second floor, an attic, or making global changes to utilities.

See also: Reconstruction of half of the house

Please note that when carrying out work, load-bearing structures must be preserved and only wall repairs are allowed, and redevelopment is prohibited. If the building is located on a boundary or belongs to two or more owners, the question arises: is it necessary to obtain permission from a neighbor?

Pay attention to the table that you can use as a cheat sheet.

What could be the danger of a building on the border of a site?

A typical mistake is the location of the building in unacceptable proximity to the neighboring property. Most often this happens as a result of incorrect calculations. For example, the distance from the house to the fence should be at least three meters. If there is no fence, it may seem that this distance has been maintained, but later it turns out that this is not the case.

What consequences are possible in such a situation? If the house has already been built, then you can be guided by the norms of Art. 301, 304 and 208 of the Civil Code of the Russian Federation. According to these regulations, the owner has the right to demand the elimination of shortcomings and causes of violation of property rights.

In this case, the problem can be resolved peacefully or in court. There is no limitation period for cases of this nature.

Is the rumor about a ban on roof racks on cars true or false?

Rumors and conversations that since August 2021, driving with a roof rack on a car have arisen due to changes in the traffic police requirements for the design of vehicles. Amendments to the legislative document were made in connection with the entry into force of new rules of the Technical Regulations of the Customs Union.

But it’s worth noting right away that these are just rumors. There is no mention of a rack on the roof of a car as a reason why the operation of a vehicle is prohibited in the 2020 edition of the Russian Traffic Regulations!