Every person living in a high-rise building should know what the local area is intended for, who maintains order on it, who is responsible for landscaping and who bears the costs. The funds are paid by the direct owners of the apartments in the building, and if the money is used optimally and wisely, it is possible to get a truly well-equipped area.
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
What is included in the local area
This territory is land that is located in close proximity to an apartment building.
It is certainly determined and assigned to the building, for which it must be contained in various documentation for the site.
Important! This land may contain various buildings that belong to the house, as well as other elements to meet the needs of apartment owners and tenants.
What does it mean to receive the adjacent territory as the property of residents of a high-rise building? Answers in this video:
The immediate residents of the house are required to maintain this territory in optimal condition, since it belongs to all of them by right of joint ownership.
Although it acts as an object of taxation, it is transferred to the owners of apartments in the building absolutely free of charge. The amount of payment is determined by taking into account the number of residents in the building.
An extract from the Unified State Register contains information about the area of a given territory, its boundaries and other characteristics. It is by using this data that management companies calculate how much money must be collected from residents in order to cover the costs associated with cleaning the site, improving it and other actions in relation to it.
Important! If the plot next to the house is not formally and correctly registered, then the municipality is responsible for securing and maintaining the land.
Rules No. 491, relating to the specifics of maintaining property belonging to an apartment building, indicate that the following elements certainly belong to this territory:
- the immediate site on which the building was constructed;
- playgrounds that can be for children or sports;
- special multifunctional dryers designed for hanging clothes and linen;
- places for cars;
- plants and other parts of landscaping and landscaping;
- passages for firefighters and ambulances;
- heating points and other facilities that are mandatory for optimal operation of the building.
All elements are certainly located on the territory indicated in the technical plan of the house, and therefore should not go beyond its boundaries.
Rights and obligations of the owners of the local area. Photo: zakaz-tver.ru
What is the difference between new and old MKDs
The Housing Code also separately stipulates another nuance regarding the year of construction of an apartment building. According to the rules, the land under houses built before 2005 should automatically become the public shared property of all residents of MKD apartments. However, any person who has purchased secondary housing of this type must independently check whether the territory under the MKD is included in his property. To carry out a free transfer of rights, you must:
- The territory under the MKD had clear boundaries and had a cadastral plan established by a local government body.
- Land management work was completed before the Housing Code of the Russian Federation came into force, that is, before 2005.
- The area near the house was included in Rosreestr.
How is the land used at the house?
Owners of apartments in this building can use the land in different ways, but subject to certain rules:
- you cannot restrict access to it in any way for other persons;
- It is not allowed to create obstacles for employees of the management company or other services involved in the maintenance or installation of utilities or landscaping of the territory;
How to properly organize the fencing of the local area? Read the link.
- part of the land may be leased;
- it is allowed to place advertising boards on it or make a paid parking lot;
- funds received from various activities are used exclusively for general house needs;
- all issues regarding the use of land must be resolved jointly by the owners, for which a meeting of residents is held;
- the profit received is spent after a collective decision is made, and for this, at least half of the owners must participate in voting.
Thus, the owners of apartments in the building have the opportunity to independently dispose of this property.
How are rights to territory determined?
This land initially belongs to all residents equally, but it is possible to register a small plot of land as their own.
For this purpose, a condominium association is created, represented by a legal entity formed by apartment owners for effective property management.
How to create an HOA? Step-by-step instructions here.
It is possible to transfer the territory to condominiums by sequential actions:
- at the general meeting an appropriate decision is made, for which an act is drawn up;
- an application is generated and submitted to the administration;
- documents for land are obtained from Rosreestr and BTI, and these include an extract from the Unified State Register of Real Estate, a technical passport and a plan;
- the size of the territory is determined by employees of the land management organization;
- a decision is made by the city council, on the basis of which the land is transferred to apartment owners;
- an act is formed and ownership of the territory is registered.
Important! If the residents of the house become the owners of the land, then they independently decide what will be installed on it and what work will be carried out, therefore no actions can be taken without their knowledge.
Who owns the land after the transaction? Terms of use
This territory is shared, so any use is possible only with the consent of the residents. To get it, you need to hold a meeting. The issue is included on the agenda, and then a vote is taken.
We must not forget to draw up protocols and voting results.
What can be done with this land? There are several options:
- improve it, that is, landscape it, place children's and sports grounds, benches, gazebos, etc. Read about the requirements for children's playgrounds in the local area here.
- Individual parts can be sold or rented. Here you can place shops or other income-generating objects.
- Owners of apartments located on the ground floor can arrange a separate entrance to their home. For this purpose, the land for the porch is purchased or rented. In the future, such real estate can be converted into non-residential. And it will be possible to place a commercial object in it or sell it.
- This option is more relevant for hot regions. Part of the plot can be used as a household plot. But consent is given only to a specific person. That is, after the sale of the apartment, this share of the land does not pass to the new owner.
- You can restrict passage through the territory if there is another road. For this purpose, fences, barriers, etc. are erected.
- It is also possible to refuse consent to laying communications on the site.
So, privatization of a plot in front of a low-rise or high-rise building gives you more opportunities to dispose of it. But at the same time, the costs of its maintenance also increase. But the privatization procedure itself is free.
Pros and cons of registering land ownership
This opportunity has both positive aspects and some disadvantages.
The advantages include:
- no illegal construction will be carried out on the land;
- it will be possible to make a profit from the transfer of plots for rent, and these funds will be used to improve the lives of apartment owners in the building;
- Residents can dispose of this land in different ways, for which certain decisions must be made by the general meeting;
- if there are any commercial organizations on the ground floor of the house, then apartment owners can demand rental payments from them.
Step-by-step instructions for privatizing a courtyard area for Moscow residents. Photo: s11.stc.all.kpcdn.net
There are also disadvantages to this design.
These include the fact that home owners will have to pay land tax.
Only playgrounds for children or sports activities are allowed to be formed on the territory, and garages are allowed to be installed exclusively for veterans and disabled people.
Residents are required to carry out repairs and spend money on maintaining the property at their own expense.
Whose responsibilities include maintaining the territory?
It is the owners of the land located around the house who must take care that the adjacent area is well landscaped, so apartment owners must deal with this issue.
Financing is provided by home owners, and the fee depends on the number of apartments in the building. But this applies only when registering the territory as property. If this process was not carried out by citizens, then the improvement should be carried out at the expense of the municipal authorities.
Apartment owners must ensure that the area around their home is attractive and clean, so they must clean and decorate the area.
Rules for landscaping
Operations related to the improvement of the site, its cleaning or landscaping are carried out by special companies that have the appropriate authority to carry out these actions.
How should common areas in apartment buildings be maintained? See more details here.
The powers are transferred to them by the management company or the owners of apartments in the building.
After privatization, all rights to the land are transferred to the residents of the house. More details in this video:
These actions include:
- clearing roads and sidewalks of snow and ice;
- removal of large amounts of snow from the territory;
- Sprinkling pedestrian paths with a mixture of sand and salt, ensuring safe movement for people;
- when debris and leaves appear, they are promptly removed;
- elimination of dust and various solid wastes;
- pruning green spaces, cutting them down if necessary and whitewashing;
- planting flowers and caring for the resulting flower beds;
- repair of various structures located on the territory, which include playgrounds, benches or other elements.
Important! Residents of the house, after registering the territory as property, can independently engage in these actions, saving money on paying hired specialists, but this is possible if they can agree with each other on this issue.
Consequences of privatization
If people living in the same house decide to register the local area as their property, they must remember that this leads to the need to pay land tax.
They must independently calculate it and report on it to the Federal Tax Service, so they should deal with this issue only if there is a person who has the necessary knowledge to perform this task.
Is it necessary to pay tax on the territory under the MKD?
After the privatization of land under MKD, it is automatically subject to taxation, since it becomes private property. Many people are interested in how much residents need to pay, and how to properly process and organize payments. Taxes are paid starting from the date of cadastral registration of the land located under the house. The tax amount is divided in proportion to the shares of each home owner. The size of such a share will be equal to the quotient after dividing the personal area of the tenant’s premises by meters and the total area of all premises belonging to the residents.
The tax base of a plot is its cadastral value, calculated taking into account an analysis of the market value of various land holdings in the Russian Federation. If the owner of the apartment is an individual entrepreneur or a legal entity, he needs to calculate the tax amount independently. If we are talking about individuals, they will be sent notifications from the tax office with ready-made calculations. Citizens belonging to preferential categories are exempt from paying such tax.
Responsibilities for site maintenance
The question of who services the local area of an apartment building is very relevant for residents. Since the land next to the building is their property, the responsibility for its maintenance lies with them. But for obvious reasons, it is difficult to do this on your own. Therefore, resolving the necessary issues falls on the management company or the HOA. The services provided are paid at established rates in the same way as the maintenance of other common property.
Landscaping of the local area depends on the area of the site and the preferences of the residents. Typically, provision is made for the layout of flower beds, a children's playground and parking spaces. This is done by the residents themselves or the management company. Cleaning the surrounding area is also the responsibility of the company that carries out trust management of the property of the house. She hires janitors for routine cleaning of household and natural waste, snow, etc. If necessary, contracts are concluded with subcontractors (for example, for the removal of solid waste).
How to find out who owns the land under an apartment building.
Practice shows that most apartment owners do not know who owns the land under their property. It is advisable to find out information when purchasing an apartment, preparing it for sale or donation, at the time of entering into inheritance rights. You can get an answer to this question:
- On the board of a homeowners association (HOA) or housing construction cooperative. In houses with an organized form of management, in most cases the area under the building is properly decorated
- Contact your local administration. It is the local government that is obliged to comply with the norms of the Land and Town Planning Codes of the Russian Federation, which means having a service within its structure that is responsible for accounting for all lands of the municipality.
- Go to the Rosreestr website in the “Public Cadastral Map” section, which contains information about all registered territories.
Taxpayers can obtain information about how real estate tax is calculated in MKD. If the land plot is registered as shared ownership, the cadastral value of the residential premises increases.
Legislative regulation of the issue
The standards regulating the use of the adjacent territory of an apartment building are established:
- Housing Code;
- Town Planning Code;
- Government Decree No. 491 of August 13, 2006;
- Decree of the Government of the Russian Federation No. 290 dated 04/03/2013 (last edition dated 03/27/2018);
- GOST R 56195-2014.
They establish the concept of a local area and describe the permitted options for its use. Regional legislation may specify these provisions. For example, each city has its own urban planning regulations, in accordance with which the ownership of the land near buildings is determined and its area is calculated. The rules for arranging the local area are recorded in technical regulations and SNiPs.
