Landscaping and landscaping

When buying an apartment, owners, in addition to the price, location, layout and technical equipment of the property, pay attention to the courtyard. For young parents, it is important that there is an equipped playground, motorists want to be calm about the safety of their vehicle, older people want benches and shady places to rest near the house. The level of comfort depends on the condition and grooming of the courtyard area of an apartment building (MAB). We suggest you find out whether residents of an apartment building can influence the condition of the site near their home, and what steps should be taken to ensure that the yard is landscaped and looks beautiful.

The local area is the main purpose

According to the definition specified in the Housing Code of the Russian Federation, the adjacent territory of an apartment building is understood as a plot of land on which the building itself, landscaping and landscaping elements, as well as objects necessary for the maintenance and upkeep of the house are located. Such objects include outbuildings, playgrounds, places for exercise equipment and active games, benches and even trash cans.

The local area should be comfortable and functional. If there are no vital elements on its territory, living in such a house will not be comfortable.

The purpose of projects to improve courtyard areas

Well-kept courtyards not only bring joy to the souls of the residents of the house - they make the urban environment more attractive and comfortable. Current government programs are aimed not only at improving local areas, but also at transforming adjacent streets, squares, parks, and embankments. The urban space is being greened and the quality of life of citizens is improving.

Landscaped area with plantings at the entrance - prestige and comfort

The landscaping and landscaping of the site is carried out in such a way that the area near the house is safe and convenient for residents. It is used for relaxation, sports, joint games and social events.

Properly planned landscaping not only beautifies the yard, but also protects from noise, wind, sunlight and exhaust fumes. At the same time, the law defines norms regulating the location of trees, shrubs and flower beds.

Flowerbeds near the entrance, fenced with a low-height fence, emphasize the status of the residents. Houses with well-groomed grounds are considered prestigious, which means that real estate in such objects is more expensive.

Who pays for the work?

Government Decree No. 491, namely Section III, regulates the issue of payment for the maintenance of apartment buildings, which includes home improvement. According to this legislative act, the owners of MKD apartments must pay the costs. As a rule, if the apartment is municipal, then the owner, i.e. the state may include expenses in the rent for residential premises.

Payment is made in the form of monthly installments. This may be reflected in the receipt in different ways, for example, the contents of the apartment building or the maintenance of the local area.

We talked about contributions for major repairs here.

Requirements of sanitary standards and rules for the maintenance of the territory of apartment buildings

There are no state standards that regulate the creation of a landscape on a plot of land near a house. But this does not mean that owners can create and implement any of their ideas. When planning work, residents should be guided by the sanitary and hygienic recommendations that are prescribed:

SanPiN 2.1.2.2645-10 Sanitary and epidemiological requirements for living conditions in residential buildings and premises.
Rules and standards for the technical operation of the housing stock”, approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170.
SNiP 2.07.01/89 “Planning and development of urban and rural settlements.

These and other documents indicate standards and elements for landscaping courtyard areas, including the distance between objects and fences, and the location of green spaces.

When planning work, you should take into account the number of floors and apartments in a residential building, the year of commissioning and other factors. Owners have the right to place in the local area:

places for recreation, pedestrian and play areas;
plantings and areas for walking pets;
utility buildings and vehicle parking.

It is worth remembering that the territory is clearly limited in area and most likely it will not be possible to place all of the above elements. In order to take into account the needs of all categories of residents, it is necessary to agree on a landscaping plan and a landscaping project at the general meeting of owners (GMS). And only after that begin its implementation.

Improvement at the expense of the state

The state is also involved in beautifying the courtyards of apartment buildings. The main form of implementation of this task is the federal program for the improvement of courtyard areas. The purpose of the event is to restore order in the local area. The work is paid for from the state budget.

The municipality showed an example of an effective program for improving the courtyard areas of an apartment building. The authorities have allocated funds for the following purposes:

landscaping;
arrangement of children's playgrounds;
repair and reconstruction of facades and fences;
creation of “green” zones;
design of parks for recreation.

Improvement of the courtyard area of an apartment building is rarely financed from federal funds. Money is usually allocated from the regional budget. You can find out whether a similar program operates in your place of residence on the official website of the city administration.

Attributes of landscaping of the territory of an apartment building

Landscaping refers to a whole range of measures, and not simple cleaning of the territory. Landscaping the yard involves:

landscaping and space zoning;
improvement of the earth's surface, for example: filling with crushed stone, paving or laying tiles;
construction of sports and children's complexes;
arrangement of recreation areas with benches and gazebos;
work on organizing parking spaces that are safe for people to move around;
high-quality lighting of the area according to established standards;
installations and equipment in compliance with sanitary and hygienic rules of business sites.

If the project for the development of the local area is not completed by the developer, or the plan has been lost, the owners can order it again from the city architectural service. The project will be drawn up taking into account all the requirements specified in SNiP and will comply with the concept of the urban appearance.

What it is?

The adjacent territory is a piece of land that is located under and near an apartment building, and also includes all the infrastructure available on it, which we listed above. This site has its own clearly defined boundaries, which are common property.

A mention of this fact can be found in the technical passport for construction, issued by the BTI. In addition, this norm is reflected in Order No. 59 of August 26, 1998, which refers to the size of land plots.

What is landscaping of the local area of an apartment building? The initially landscaped plot, immediately after the house was commissioned, is a credit to the developer. But such services immediately after delivery of the house are a rare exception.

Landscaping the local area of an apartment building means carrying out various activities that aim to improve the sanitary and environmental conditions around the house.

In addition, landscaping the courtyard of an apartment building aims to bring the condition of the land and the objects located on it to an aesthetically pleasing appearance. This may require the construction of small architectural structures, work on the relief and landscape.

The importance of landscaping and decoration

Unfortunately, often the surrounding area is not formalized, developers pay little attention to this factor, and often, along with the apartment, the owner receives an undeveloped vacant lot filled with construction waste instead of fragrant flower beds and neatly trimmed bushes. And the question arises: how to design the local area?

Landscaping of the local area is a complex of works carried out in order to give the site its proper appearance.

This list of works is not developed by the owners, developers or employees of the management organization, but is already contained in the rules for the technical operation of the housing stock, number MDK 2-03.2003.

In the text of these rules, paragraph 3.8 is devoted to landscaping issues. From them, owners can glean important information about what work should be carried out as part of the design of the adjacent territory of an apartment building and if mistakes were made on the part of the workers, they can be eliminated without delay.

Here are the basic principles of landscaping work:

Work can only be carried out after the area has been cleared of garbage and construction waste.
Cutting down trees already existing on the territory is prohibited unless there is an appropriate permit.
When selecting tree species for planting, it is not recommended to plant female species of mulberry, poplar and other plantings that contribute to the clogging of the territory and air.
Planned implementation of comprehensive work to eliminate and prevent the appearance of pests on plantings.

In addition, the rules contain a huge list of prohibited actions that can lead to the loss of plantings or lead the territory to decay. Not only workers in the housing and communal services sector, but also residents need to comply with the requirements.

Who should you complain to if reality does not at all correspond to what you want? Who should be responsible for landscaping the local area?

Check the agreement on the transfer of an apartment building from the developer to the residents or management organization. If the paragraphs of this document contain a basis that allows you to require the developer to work on the development of the local area, do not accept the transfer certificate until the relevant work has been carried out.
If the agreement with the developer does not say anything about the site, then the burden of arranging the courtyard area of an apartment building falls on the shoulders of the residents and the management organization. The owners of premises in an apartment building are required to contribute funds for the needs of arranging the local area of the apartment building, and the selected organization for the maintenance and management of the building must carry out the corresponding work with these funds.

Should the developer improve the surrounding area?

The developer is obliged to carry out work on landscaping the courtyard of an apartment building only if such an action is stipulated in the real estate purchase and sale agreement and the deed of transfer of the house.

If there are no such conditions, then, unfortunately, the owners cannot demand the completion of landscaping work in multi-apartment courtyards.

Landscaping rules

In addition to the rules for landscaping, document MDK 2-03.2003 establishes the following rules for landscaping the local area of an apartment building. Rules for landscaping the yard of a residential multi-storey building:

The need to install waste containers.
The need for garbage and snow removal, as well as water drainage.
Construction and renovation of recreation areas and playgrounds.
Painting and proper maintenance of fences and benches.
Cleaning common areas.
Landscaping of the territory.
Carrying out work to ensure residential safety.

Landscaping plan for the local area of an apartment building:

What yard improvement programs and projects exist?

The most popular and effective program for the improvement of courtyard areas of apartment buildings, carried out in the Tula region, which is designed for 2014-2016 and was adopted by the Resolution of the local administration No. 135.

This program finances the costs of:

landscaping;
arrangement of children's playgrounds;
carries out repairs and reconstruction of facades and fences;
creates so-called green areas;
creates recreational parks and improves them.

The state does not actively subsidize these programs; funds are mainly allocated from the regional budget.

Landscaping:
vertical;
adjoining
Surface coatings (ensure ease of movement):
soft;
lawn;
combined.
Surface mating elements:
ramps;
stairs;
side stones.
Fencing
Small architectural forms.
Water devices.
Furniture.
Municipal and household engineering equipment for streets.
Technical equipment.
Play equipment.
Sport equipment.
Lighting equipment:
functional;
light information;
zone lighting;
light sources.
Non-permanent structures.
Non-stationary structures.
Venues:
for relax;
sports;
for garbage receptacles;
for walking with animals;
parking lots;
pedestrian connections;
transport passages.

How to request an improvement?

If you want work to be carried out to improve the territory of an apartment building, you can call a meeting of apartment owners where you raise this issue. If the majority supports you, then you can contact your management organization or local administration.

How to write and submit an application?

To do this, you must obtain a sample application from the administration, and also attach all technical documentation regarding the condition of the house and surrounding area.

The application is written on behalf of the residents with the appropriate signatures. The document must be drawn up on a blank white sheet, preferably on a computer. If you contact your management organization, then the application can be drawn up on behalf of the owners, but in any form.

Types of landscaping near MKD

In an urban environment, green spaces are needed to preserve the environment and maintain the health of residents. To do this, ornamental plants, lawns, hedges and trees are planted around a multi-storey building and used as part of urban landscaping. It is worth choosing seedlings that will likely take root in the local climate and will be easy to care for.

The placement of vegetation should be related to the placement of objects. Particular attention is paid to landscaping adjacent areas that highlight the entrance to the house, children's and sports grounds.

On pieces of land near the entrances, from 3.5 to 8 meters wide, low shrubs, free-standing trees, and flower beds are planted. At the same time, trees should be placed at a distance of 5 meters from the house, and bushes - 1.5 meters.

Children's and sports grounds are also isolated from the roadway with the help of trees or hedges of bushes. The strip allocated for trees must be wider than 3 meters. All landscaping objects must be arranged in such a way as not to interfere with unhindered movement to the entrances.

It is worth considering that cutting down plants without permits is prohibited by law. If any of the plantings are damaged or destroyed, compensatory landscaping is carried out.

Who is legally required to do this?

Local governments play a major role in this process . They should attract the attention of residents to issues of improvement of local areas, and also work with housing and communal services organizations on this topic. The apartment owners must decide at a general meeting to become the owners of the adjacent plot or to leave it in municipal ownership.

Who is responsible for the adjacent land if it is owned by the municipality?

While there is no entry in the cadastral documentation, the land located around the house is municipal property. During this period, regardless of the form of management of the apartment building, all responsibility for the arrangement of the adjacent area lies with the municipal authorities. They are required to carry out current and major repairs, as well as monitor the availability of playgrounds, sidewalks, and benches.

Who is responsible for the adjacent plot if it is owned by the residents?

As soon as the residents have registered their ownership rights and placed information about the site in the cadastral document, the responsibility for transforming this territory falls on the shoulders of the residents of the apartment building.

There are two options for the development of events:

residents will improve the area on their own;
delegate powers to the HOA or management company.

But when signing an agreement with the Management Company, the cost of other services will also include landscaping within the boundaries of the house.

Who should decide on the arrangement of the local area?

In accordance with Decree of the Government of the Russian Federation No. 491, property owners must monitor the local area if the adjacent area is included in the list of common property. However, they do not clean it or remove garbage. Residents should also not install playgrounds or recreation areas on their own. They can delegate all this work to a management company (MC) or to contractors if the house is managed by a homeowners’ association. To do this, it is enough to conclude an agreement for the maintenance and maintenance of the apartment building.

In cases where the owner of the local area is a municipal service, the owners do not have any obligations to care for and improve the land. All work must be carried out at the expense of the municipality.

Who is responsible for beautifying the area around the apartment building?

It is possible to determine who is responsible for the improvement of the local area based on the form of ownership in which the site is located. The development company is also allowed to carry out landscaping if this is provided for in the contract.

Maintenance of the yard is carried out by local authorities or representatives of the management company.

Particular attention should be paid to drawing up an agreement for the transfer of an apartment building from the developer to the residents or management organization. The agreement must include a separate clause that stipulates the developer’s responsibilities for landscaping the local area. If this is not done, the residents of the house will have to take care of the yard.

Responsibilities of the management company for landscaping and landscaping

If the courtyard area is part of the common property, the management company, in accordance with the norms of Article 162 of the Housing Code of the Russian Federation, must monitor the local area, repair damaged elements, and also care for landscaping elements under the service agreement. At the same time, the list of her responsibilities includes:

equipment and repair of areas for children's games, sports or recreation areas;
repair of other objects located on the site;
cleaning up garbage, fallen leaves, snow and ice during the winter;
planting vegetation, caring for flower beds, lawns, and watering them.

Landscaping activities also include: pruning bushes and measures to prepare plants for winter.

Rights of residents when accepting work performed in accordance with the Program

As noted above, the initiative to include the courtyard in the “Formation of a Comfortable Urban Environment” Project comes from the residents of this house. The order of their actions is as follows:

Check on the city administration website for lists of yards included in the local project for the current year.
If there is no territory on the lists, it is necessary to unite with the residents of all residential buildings that are located on a common local area, in a common yard.
Clarification of the question of what are the conditions for participation in the project in a specific locality.
Determining the list of works related to minimal and additional measures for landscaping the yard.
Conducting a general meeting of residents and voting. Moreover, the meeting must be held in person, but voting can take place in absentia. The initiative group visits residents in apartments and studies their opinions. Issues related to submitting an application for participation in the program, developing an improvement project, electing an initiative group and an authorized representative from a group of residents are discussed and accepted.
Submitting an application (package of documents) to the administration of the locality.
Monitoring compliance with the technology of repair, landscape, and installation work. Signing the act of acceptance of completed work.

An authorized representative from the residents' team constantly communicates with the foreman, monitors the progress and volume of planned work. Upon completion, a commission is created to accept the work and evaluate its quality. The commission includes representatives of the administration of the locality and an initiative group of citizens living in the yard.

If any planned activities are not carried out or the quality of the work is not satisfactory for the residents, they have the right not to sign the act or give consent to accept the work. If they disagree with the residents’ decision, citizens have the right to file a complaint against the contractor with the city administration or the Ministry of Construction of the Russian Federation.

After the expiration of the Federal project “Formation of a Comfortable Urban Environment”, courtyards in which landscaping was carried out in accordance with this program will be transferred to the balance of residents.

Types of jobs. What specialists are involved?

The list of landscaping works depends on the seasonal factor. In winter, the janitor daily removes snow more than five centimeters thick, clears the paths, and sprinkles them with sand. In the summer, the area is swept and cleared of large debris.

A landscaping specialist takes care of the plants. He must have the appropriate qualifications and skills to work with special tools and fertilizers.

According to the standard, the landscaping plan and landscaping project must include work on cleaning the site, including the parking lot, as well as work on cleaning the territory, installing garbage cans and fences that do not interfere with travel or access to the house. Contractors may be hired to carry out some work.

How to initiate landscaping of the local area

Residents are interested in their yard being safe and looking attractive. To initiate the improvement of a site near an apartment building, you should organize a meeting of apartment owners, study in detail the available planning options and find out the opinions of all residents. After this, you can contact the management company or local administration.

If there are no yard care programs for apartment buildings in the region, you need to write an application for improvement of the local area and get in line for this service. The appeal on behalf of the residents must be signed by all applicants.

A sample document can be obtained from the city administration.

Documentary evidence of the technical condition of the house and surrounding area is attached to the application: cadastral passports, plans and diagrams.

Who pays for landscaping and landscaping costs at the MKD?

By law, owners must maintain order in the yard and pay for landscaping and landscaping costs. It is worth knowing that if the house is included in the federal program, the costs of improvement will be partially or fully covered by the state.

Repair work on the local area is also carried out at the expense of the owners. Current types of work include partial asphalt of the road, repair of fences and barriers, painting and repair of playgrounds and sports grounds.

Major repairs include: complete paving of the yard, landscaping, installation of sports structures and children's play areas.

To determine the cost of work, an estimate for landscaping and landscaping is drawn up, which is agreed upon by the OSS. A quorum of votes is required to approve expenditures. The estimate may include individual types of work or comprehensive landscaping.

Fine for causing damage to amenities

Unfortunately, landscaping of the yard often suffers from human hands. Most of the actions involve damage to objects in the local area - benches, playgrounds, fences and plants in the yard, as well as demolition, movement, removal and improper maintenance of the yard. Unauthorized installation of billboards, storage of waste, and unauthorized installation of barriers are often carried out.

The main legal act in this case is the Code of Administrative Offenses - articles , , , , , and others. Regardless of the content of the offense, punishment is provided in the form of a fine:

for individuals – from 300 to 5000 rubles;
for officials – from 1000 to 10,000 rubles;
for legal entities – from 5,000 to 100,000 rubles.

Thus, the maintenance of the local area also includes the punishment of pests.

Programs for financing works on landscaping and landscaping of plots of land near apartment buildings

Since 2021, a federal program for the improvement of the urban environment, including local areas, has been in effect annually. At the same time, the residents themselves decide how to improve the yard.

The program operates in all cities with a population of more than 1000 people. From the federal or regional budget, driveways, sidewalks, facades and entrances can be repaired. Benches, lanterns and trash cans are being installed.

Owners have the opportunity to choose landscaping work from an additional list if they agree to pay 20% of the cost of the work. In this case, it is possible to equip children's and sports grounds, pedestrian paths, sidewalks, car parking, and even expand the courtyard passage. Landscaping the site also refers to additional work.

Owners have three options: engage in landscaping of the site themselves, delegate the work to a management company, or participate in the federal program. But first you need to study the legal documentation, draw up a landscaping plan and a landscaping project. The well-groomed territory of the apartment building with growing trees and flower beds always attracts the eye. Living in such a house is comfortable and cozy.

What is the essence of the courtyard improvement project?

The project was developed as an integral part of the state program of the Russian Federation “Providing affordable and comfortable housing and utilities to citizens of the Russian Federation.” It was approved by the Resolution of the Cabinet of Ministers of the Russian Federation dated December 30, 2017 (No. 1710).

In the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation, signed on March 18, 2018. No. 162/pr, methodological recommendations for local governments were approved. The goal is to assist in carrying out activities in accordance with the program of human settlements of the country.

Indicators related to the implementation of the program are updated every year. The ambitious project in the period 2019–2024 provides for the improvement of 31 thousand public areas. This should increase the urban environmental quality index by 30 percent. It is expected that the share of residents participating in the project will increase to 30%.

For the specified period of program activities, it is planned to allocate federal budget funds in the amount of 269.3 billion rubles. They will be increased by adding 29.3 billion rubles from the consolidated budgets of the Russian Federation.

The funds are distributed as follows: amounts from the federal budget are transferred to the constituent entities of the Russian Federation. At the local level, they are supplemented by planned contributions, and a decision is made to finance certain cities and districts. Settlements with a population of more than 1 thousand people can participate in the project.

The initiative for repairs, landscaping, and improvement of areas near apartment buildings should come from residents . At a general meeting, they decide what exactly needs to be updated, repaired, and installed in the yard. They develop a project (prepare a drawing) of the future local area with all the objects drawn. They approve the improvement plan by decision of the general meeting and submit an application to the municipal authorities.

The deadline for submitting an application is until September of the current year . If the documents are properly completed and there is a reasoned justification for carrying out the planned improvement activities, the yard will be included in the financing program for the next year. That is, if the application is submitted before September 2021, then funds for repair, construction and improvement work will be allocated in 2021.

What to do if the organization does not fulfill its obligations?

If the management company stubbornly refuses to fulfill the obligations imposed on it, then residents have every right to complain about such a company to authorized organizations, right up to the court. Each owner must have a management agreement in hand, which details all the operating conditions of the management company, its duties and responsibilities to the residents.

Pre-trial proceedings

First of all, if there is no response from the management company, it is necessary to contact the authorities that have the authority to influence the management company.

Where to contact?

You should contact the following organizations for assistance with your complaint:

State housing inspection.
Rospotrebnadzor.
Prosecutor's office.

Residents also have every right to refuse the services of this management organization and enter into an agreement with another service provider.

Contents of the complaint

The complaint must be written in two copies. The second copy must contain the date the complaint was received, its entry number and the signature of the person who accepted the document. If the document was sent by registered mail, then the received notification must be saved.

It, like the second copy, may be useful when going to court. In the complaint itself, it is necessary to set out in detail all the claims of the owners of the apartment complex against the management company. itself must be certified in the presence of two neighbors or council members of the house.

In the complaint, it is advisable to refer to the legislative norms violated by the Criminal Code. You can seek help from a qualified lawyer.

The response period for a complaint is 30 days, regulated by Article 12 of Federal Law No. 59. If no response is received within this time, you can safely complain to the court. Most often, management companies begin to fulfill their duties in full after the first complaint. Very few organizations bring matters to trial.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

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