Installation of a barrier: law, rules and permission to install in the courtyard of a residential building

A barrier in the courtyard of a house is an excellent opportunity to forget about worrying about a parking space in the courtyard of your own house. The mechanism will help avoid unwanted guests from neighboring houses or people accidentally stopping by who have business nearby. Its installation is not an easy process, but, as practice shows, it is profitable and effective.

Legislative framework for installing a barrier in the courtyard of an apartment building in the Russian Federation

Problems with parking in local areas in megacities are acute.
Often you have to pay for a place to park your car overnight. Therefore, unauthorized occupation of places in the nearest yard occurs. At the same time, residents of apartment buildings are deprived of the right to park personal vehicles near the house. To solve the problem, they order the installation of a barrier in the yard. In some situations, such actions may be unlawful. To comply with legal norms and to avoid demolition of the structure, you should be guided by Federal Law No. 189 - Art. 16. The installation of a barrier has been in effect by law since 2004. In addition, Art. Housing complex of Russia, providing for the possibility of transferring the adjacent territory as shared ownership.

Federal Law of December 29, 2004 N 189-FZ “On the implementation of the Housing Code of the Russian Federation”

Article 36 of the Housing Code of the Russian Federation “Ownership rights to common property of owners of premises in an apartment building”

Basic conditions

Violation of the following conditions and rules for installing a barrier entails demolition of the structure:

The fence should not act as a blockade for access to a citizen’s yard. This takes into account pedestrians with disabilities, cyclists, women and men with children in strollers, etc.
Providing free and unhindered entry into the territory of the apartment building for special services - ambulance, fire, gas, etc.
The boom itself must be made of lightweight material. The condition is that, if necessary, the device can be opened by mechanical force.
Safe operating elements. For example, automatic blocking of a structure if a citizen or other object passes under it.
The base for the equipment is made of concrete to ensure the stability of the fence. This is subsequently classified as a sign of reliability.

Installation of a barrier in a Moscow courtyard

Note: to place the structure, you should choose a site that is in shared ownership of an apartment building.

Municipality requirements

There are no clear rules at the federal level regarding the installation of a barrier in the courtyard of a residential building. Therefore, when deciding to erect a structure in an apartment building, owners should study local regulatory documents governing this issue.

Additional terms

When approving the installation of a barrier, the municipality has the right to refuse the construction of the structure to the residents of the apartment building. Despite the presence of authority and ownership of the site, there are a number of circumstances that prevent the installation of the barrier:

no permission from emergency services;
Several entrances are blocked, and there is no agreement from interested parties.

Rules and procedure for installing a barrier in the courtyard of an apartment building

The protective device against unauthorized entry of vehicles is installed according to the rules established in a particular region. The procedure is the same across the country, but there may be minor differences. Therefore, you should study local documents of a separate subject of the Russian Federation.

Documentation

To initiate the installation procedure, you need to collect documents for installing the barrier. Without the documents listed below, municipal authorities and emergency services will refuse to erect the structure.

Documentation of shared ownership of the local area adjacent to the apartment building.
A cadastral extract indicating complete information about the land plot.
Minutes from the general meeting of residents with the decision made on the construction of a barrier device.
Technical papers for the design.
Permits from local authorities, fire and road services, as well as the Housing and Communal Services Department.

Installing a barrier in adjacent areas is not a permanent structure, so no construction papers are required. However, there are some peculiarities - the need to collect evidence that the MKD is not an element of an end-to-end highway.

Sample application for installation of a barrier

If the site is adjacent to the house and does not cause any difficulties with through passage, there will be no problems with registration.

How the rules for installing barriers have changed

The procedure for determining the status of a site

If there is no registration of the territory around the apartment building in the BTI, you must go through this procedure. As part of the correct registration, land surveying is carried out, boundaries are determined and an application is generated from all residents. The owners of the house express their consent to the annexation of the land to the MKD according to cadastral registration.

After assigning a cadastral number to a land plot, the plot will no longer be listed on the city’s balance sheet or considered a highway. Thus, the owners will be able to dispose of the territories as necessary. Without registration and the appropriate status of the site, permission to construct the device will not be issued.

Nuances of registration of shared ownership

The legality of installing a barrier in the courtyard of a residential building is observed in the following way:

Initiation of a meeting of apartment building residents.
Conducting a vote with a subsequent quorum on the issue of forming a land plot for the construction of an artificial fence.
Registration with the cadastral chamber.
Submitting an application for installation of the device to municipal authorities.

In other words, based on a written application, the territory around the apartment building is fixed in the cadastral passport of the house and becomes part of shared ownership - Federal Law No. 122 Art. 26.

Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”

Procedure for holding a general meeting of owners

At the general meeting of owners, residents must decide:

on the installation of artificial barriers;
commissioning.

The decision is recorded provided that the majority of owners vote in favor. In theory, 51% of the total number of residents is sufficient. However, experts recommend achieving 70%, as this will level out disagreements in the future.

Competition to choose an artist

Information about the selected organization is also subject to recording in the OSS protocol. An application is sent to the administration of the locality to install a barrier in the courtyard of an apartment building. Technical documents, information about the performer, as well as permission from special services are attached to the papers.

Sample notice of municipal decision

Sample municipal decision

If the municipality satisfies the application, the executive organization begins work.

Coordination with local authorities

The permit is issued by the municipality based on the submitted documents. The set of papers should include a detailed diagram of the construction of the device. The administration is given a period of 30 days by law to provide feedback on the application.

Read also: License for passenger transportation

Contacting the fire department

A permit from the fire department is an important document in the decision to erect a structure.
Experts recommend resolving the issue before installing the equipment. Otherwise, the owners will be required to remodel the property. The main requirement of department representatives for any barrier structures is to ensure the entry of official vehicles into the courtyard of a house without obstacles. If the artificial barrier does not meet the requirements, then its installation will be considered illegal. To avoid abandonment, firefighters should study the rules of the Fire Safety Regulations.

Two options are used as evidence for constant readiness to open and let emergency vehicles through:

Employment of 2-4 security guards, who, according to the instructions, must pass vehicles, including emergency services. The method is proven, reliable, but not cheap, since not every owner of an apartment building is able to deduct funds for the maintenance of security.
Installation of video surveillance with output to the control room. Employees work 24/7, so the passage is always open. The remote control is used for this.

Please note: in the absence of agreement with the fire service and the installation of the fence, special transport is authorized to demolish the equipment. At the same time, claims for compensation for damage are unauthorized, including through the courts.

Permission from the traffic police

Coordination with the traffic police is easier than with the fire service. To do this, department employees need to make sure that the barrier object is not placed on the road and does not interfere with the movement of cars and pedestrians. If these factors are met, a permit will be issued.

Sample application to the traffic police

If any authority refuses to issue consent for the installation of an artificial fence, the agency is obliged to provide an official response with legal justification. In this case, applicants have the opportunity to correct the shortcomings and resubmit documents.

About the subsidy

Homeowners are entitled to a subsidy for the installation of a barrier. Moreover, this can be done both before and after installation of the structure.

To receive compensation, the responsible person must submit a corresponding application to the local Directorate for Housing, Communal Services and Improvement and provide the following package of documents:

— statement of intention to receive co-financing;

— minutes of the general meeting;

— permission to install a barrier from authorized bodies;

— a draft agreement on the provision of compensation for the installation of fencing with the signature of the responsible person.

Types of barriers

Barrier devices at the entrance to the courtyard of a residential building are divided into two types:

Mechanical type. Causes guards to operate the mechanism manually. The equipment belongs to the economy segment, and installation takes one day. However, additional monthly costs relate to the payment of hired forces, which are responsible for allowing official vehicles into the territory. Therefore, this type of equipment is cheap only at the first stage. On average, the salary of one watchman is 15-18 thousand rubles.
Automatic view. It operates through a hydraulic or electromechanical drive. The first type should be installed if a large traffic flow of vehicles is expected in the housing complex. The device has high throughput characteristics.

The second type runs on electricity. Opening is carried out remotely via the on/off button. Bandwidth is average. Suitable for residential complexes on 5-710-story buildings.

Installation procedure and cost of installation work

After obtaining permission to install a barrier, it is necessary to ensure unhindered access of vehicles to special authorities and services:

housing and communal services;
police;
ambulance;
firefighters;
gas service;
other.

To ensure the conditions and requirements, it is necessary to hire security or a concierge, whose responsibilities will include operating the equipment. Another option for resolving the issue is to provide special services with key fobs for entering the territory of the residential complex.

Note: installation of an artificial fence should be carried out within 60 days after receiving permission from the administration of the locality.

Within a month after installation, you must send confirmation to the authorities about the completion of the work. The owner's representative submits a package of papers to the Housing and Communal Services Department:

contract with the contractor for installation of the device;
acceptance certificate for the installation of an artificial fence at the entrance to the courtyard of the house.

Cost calculation

Barrier prices, depending on the characteristics, start from 15,000 rubles. for the simplest mechanical device. A device of this type requires the additional services of a security guard, who will need to be paid a salary. His main responsibility will be to activate the mechanism when residents or ambulances, firefighters, etc. arrive. Therefore, choosing such a means of fencing is unlikely to save money. For a more reliable and easy-to-use electromechanical barrier you will have to pay from 35,000 rubles.

With design

Installing a mechanism requires taking into account many factors: resistance to external influences, safety and convenience for people passing by, physical feasibility of installation, etc. Often people are not able to make a proper assessment and resort to the services of professional engineers, which are provided by many companies in every city. The cost of installation is calculated depending on individual conditions and the barrier model, and therefore varies widely. It costs 12,000-15,000 rubles to navigate.

Subscription fee

In order for the barrier to work properly and never fail, timely maintenance is required. To carry out the service, a specialist is required, because an ignorant person can not only damage, but even completely disable complex equipment. Therefore, it is worth including quarterly professional maintenance in the cost estimate, which, depending on operating conditions, will cost approximately 500 rubles. every season.

Dispatching is more expensive and starts at 2,500 rubles. per month for remote service. The services include control of the passage of special transport (fire department vehicles, ambulances, etc.). As the responsibilities of the dispatch service expand, dispatcher costs increase accordingly.

When installing a barrier legally (that is, through a general vote of residents), each resident of an apartment building is required to pay for the maintenance of the device, regardless of his position at the meeting.

However, if the tenant does not have a car and does not want to pay extra money, he can appeal the payment decision in court. The Supreme Court will allow not to pay for a barrier if its installation was carried out illegally.