Determination of the local area of ​​an apartment building in 2021

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.

Who owns it?

The 2021 law classifies the adjacent territory of an apartment building as the common property of persons who own apartments in this building.

Thus, Article 16 of the Federal Law on Housing Complex No. 189 states that the territory surrounding an apartment building erected on a site, together with all objects and structures located on it, is considered the collective shared property of the owners of housing that has undergone privatization.

If such a landscaped zone was not created before the implementation of the residential complex, then all citizens who are homeowners in this house have the right to submit an application containing a request for the allocation of such a territory to national or regional authorities.

Registration into collective property

For full use of the local area by the residents of the house, it is necessary that it have clearly defined boundaries and be properly decorated.

This is done in several successive stages:

• The first of which provides for a collective meeting with a meeting, the appointment of a proxy and the adoption of a special meeting based on the results of the meeting.
• At the second stage, the authorized representative is sent to the state administration body or regional supervision department with an application for the creation of a local area. After carrying out land management procedures, the authorized body approves the draft boundaries of the site.
• The third stage involves the direct marking of the territory. This is done by the administration department or the regional management apparatus, in whose area of ​​responsibility the high-rise building is located. The territorial department of land resources is developing a conclusion on the free allocation of a plot of land into collective shared ownership.

From the moment a record of the land adjacent to the house is entered into the state cadastre, this land plot, together with all objects included in the structure of this building, becomes the collective shared property of the home owners.

What is included in the local area

Most people want to make efficient use of the space near their home. To do this, you need to know what the local area of ​​an apartment building is. Usually it means a plot of land directly adjacent to the building. This also includes the boiler room, utilities, etc. But the yard does not always fall into this territory - it often legally belongs to several houses, especially in areas with dense buildings.

Currently, the determination of the courtyard area of ​​an apartment building occurs at the stage of project development by the developer. The ownership of land for objects built several decades ago is determined by municipal urban planning regulations.

Who does it belong to?

The answer to the question of who owns the adjacent territory of an apartment building depends on the date of construction, as well as on whether a cadastral passport has been issued for the object. If the building was built after 2005, the site is the shared property of the residents. A similar provision applies to houses built earlier, if the appropriate documents have been drawn up for them. But this right already requires special legal confirmation. But the land around buildings that are not registered in the cadastral register is considered the property of the municipality. Residents of apartment buildings can use the adjacent territory, but they have no right to dispose of it.

Land tax under apartment buildings: reasons for cancellation and how to pay it in 2021

If the documents are not accepted or new data is offered that does not coincide with the assessment of an independent specialist, you will have to go to court (Article 24.18 of Federal Law No. 153). This is the only legal way to defend your case and reduce your tax burden.

Do I need to pay

According to paragraph 3 of Art. 66, the cadastral value must be similar to the market value, therefore, in case of doubt regarding this figure and the amount of tax that depends on it, residents can challenge it. This can be done pre-trial, in accordance with Art. 24.19 Federal Law No. 153 “On Valuation Activities”, providing Rosreestr with a package of documents, including a cadastral passport, title papers and a report from an independent appraiser to determine the actual market value of the property.

First, remember: clause 1 of Article 36 of the Housing Code of the Russian Federation establishes that the owners of premises in an apartment building own, by right of common shared ownership, the common property in the house, including the land plot on which the apartment building is located.

When deciding on the registration of ownership of common property in the form of a land plot, the land tax stops, the question arises: will it be necessary to pay land tax ?

However, in the case of a land plot (adjacent territory), there is an exception, according to which land plots that are part of the common property of an apartment building are not recognized as an object of taxation (Clause 6, Part 2, Article 389 of the Tax Code of the Russian Federation)

As a general rule, owners of premises are recognized as taxpayers of land tax if the land plot on which the apartment building is located has been formed and this land plot has been assigned a cadastral number.

The right to build garages on a common territory is possible if there is enough free space, while priority in the queue for places is given to preferential categories of citizens: disabled people and veterans of the Great Patriotic War.

1. Replace sidewalks as they wear out.
2. Repair and restoration of access road surfaces, alleys.
3. Updating children's and sports grounds as necessary.
4. Repairing the fence around the perimeter of the site.
5. Repair or replacement of waste containers.

We recommend reading: What will the Krasnodar region provide for 3 children in 2021?

IMPORTANT

Taxation

The application must be received by the administration within no more than 30 working days. Repairs are carried out on a first-come, first-served basis; funds to pay for major repairs are provided from the general fund, into which the owners pay contributions on account.

After such registration, the courtyard land can be used at the discretion of the apartment owners. At the general meeting they make decisions on various issues of its operation and improvement.

Area of ​​the local area

If at the construction stage the area around the multi-storey building was not surrounded by a fence, it may not be easy to visually determine its boundaries. The need to find out how many meters from the house is considered a local area arises among residents who want to rationally use this space. This is also required when resolving disputes with third parties. For example, residents of neighboring houses or municipal services when determining who owns the territory and who is responsible for its maintenance. This may also be necessary when protecting your interests, for example, during illegal use of land.

How to find out your boundaries

The outlines of the site, like any real estate, are recorded in cadastral documents. It is from them that you can find out how many meters the local area is and its configuration. Unlike suburban areas, boundaries do not always have a strict geometric shape.

The area and outline are influenced by the density of the building, the year of construction, the number of floors and apartments, engineering and road communications. Also, the law does not set a minimum value. The recommended formula only covers the area of ​​land under the building itself. Therefore, even among neighboring houses, the size of the local area can vary significantly.

The necessary information will be provided upon request by the Criminal Code or Rosreestr. But this is only possible if land surveying has been carried out. Before the construction of new houses, this procedure is mandatory, but houses built before 2001 do not always have a legally fixed boundary of adjacent territories.

How many meters?

The size of the plot adjacent to an apartment building is determined individually, taking into account the norms prescribed in legislative acts regulating urban planning, land and housing.

The width of the area varies on average between 3-6 meters depending on a number of factors:

• the presence of public roads surrounding the building;
• number of floors of the house;
• building density in the quarter.

Calculation of the area of ​​a house plot is traditionally made by finding the product of the total area of ​​buildings and the specific indicator of a plot of land per square meter of living space. In specific cases, additional indicators may be used in the calculation.

How to find out the boundaries?

The area around the multi-storey building is the common property of all apartment owners. They have the right to dispose of this territory at their own discretion, to improve it, plant landscaping, and erect various structures, without violating the standards established at the legislative level.

You can find out what the size of the plot is and where exactly its boundaries lie in the cadastral plan of a particular object. You can request this document from the management company that maintains the building.

Surveying

The territory adjacent to the house, together with all the objects located on it, is the common property of the residents of the house. In practice, all this property is often used by strangers.

If this state of affairs does not suit the owners, they should take care of surveying the given territory. You can order such a procedure from a cadastral or management company.

To begin with, it is necessary to hold a meeting of residents with the adoption of an appropriate decision and the preparation of a protocol based on its results.

Based on this document, a service agreement is concluded with the management company, whose employees carry out the land surveying procedure.

The title documentation reflects all the main parameters and characteristics of the site, on the basis of which the management company calculates the costs of keeping the territory clean and other utility costs. If documentation of the territory has not been carried out, then all costs associated with its maintenance are borne by the municipality.

Installation of fences

Before the construction and use of any kind of fencing, all actions must be agreed upon with the administration.

The procedure for installing fences is as follows:

• holding a meeting of residents to decide on the need to build a fence;
• writing an application to the local administration with a request to issue a permit for the construction of a fence of strictly defined dimensions, the plan of the future facility is submitted to the responsible government agencies and is agreed upon with them;
• obtaining a permit, which is usually issued without problems in the absence of identified violations.

Read about choosing a method for managing an apartment building. How long is the management agreement for an apartment building? Information here.

What is included in the common property of an apartment building? Details in this article.

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).

Land plot as part of common property - MKD

If ownership of a real estate property passes to several owners, then the right to a land plot passes in proportion to the shares of ownership in the house (Article 37 of the Land Code). If ownership of a house passes to several owners, then the procedure for using the local area is determined taking into account the share in the ownership of common property in the apartment building.

How to register ownership of a land plot under an apartment building?

As a rule, an agreement is concluded between the management company and the local government body, according to which the management company undertakes to clean up and maintain in proper order the disputed land plot under the house. In turn, the local government body, under the same agreement, provides subsidies to the management company.

Plots owned by individuals and legal entities are subject to land tax. Tax rates depend on the type of land area and its location - the Tax Code establishes only basic rates; local authorities can adjust these indicators. Should a tax be charged on the land plot under an apartment building? The answer to this question must be sought in the norms of the Tax and Housing Codes.

• the land where the object itself was built;
• landscaping elements (landscaping, leisure, physical education, etc.);
• fire passages;
• heat supply points;
• transformer substations;
• other objects necessary for the normal maintenance and operation of an apartment building.

nalog_na_zemelnyy_uchastok_pod_mnogokvartirnym_domom.jpg

1. It is prohibited to leave a car with the engine running for a long time under the windows of a residential building.
2. Vehicles cannot be parked close to garbage cans. The minimum distance is 5 meters.
3. Heavy trucks are not allowed to stop in the local area of ​​apartment buildings. This category includes vehicles weighing over 3.5 tons.
4. It is prohibited to drive on sidewalks, pedestrian paths, bicycle paths and playgrounds.
5. Vehicle owners do not have the right to block the passage of emergency services and other car owners with their vehicles.
6. Parking on the sidewalk and lawn is prohibited.

Organization of parking near the house

Nowadays, most people have their own vehicles. Accordingly, the question of where to leave it is very relevant. Organizing parking in the local area is one of the permitted uses of land. But this requires the consent of at least 2/3 of the homeowners. If the building has an office, store, pharmacy, studio, etc., their owners must also participate in the meeting.

It will be necessary to draw up a project for the future parking lot, taking into account sanitary standards and the planned number of cars. In addition to the parking lot itself, it is possible to provide for the installation of barriers, fencing, CCTV cameras, etc. The project is coordinated with the traffic police, the land department and the town planning committee. After this, a contractor is selected with whom a contract is concluded.

Rights and obligations of owners

All owners are required to take part in the development of their land plot. They can do this independently, participating in decision-making and taking necessary actions. However, most people participate in the improvement of PT only by paying for the services of a management company.

Each owner has the right to use the territory in accordance with the standards and purpose.

However, he cannot build objects at his own discretion. This requires the consent of all land owners.

The procedure for installing fences

To protect the local area from vandalism and to protect themselves, residents sometimes decide to block it completely or partially. This could be a symbolic fence to mark boundaries or a full-fledged fence with a barrier and security.

Rules and legality of construction

There are no prohibitions on fencing the local area. To do this, it is enough to collect more than 50% of the votes of residents. However, the design should not interfere with the passage of emergency services and limit their access to the territory. Otherwise, the project will not be approved by the locality administration.

If an illegal installation occurs

The erection of fences is considered illegal if the consent of at least 2/3 of the residents is not obtained. It does not matter who owns the initiative - the owners or third parties. The complaint is filed either with the housing inspectorate or with the prosecutor's office. There they will check the information and, if the fence was erected illegally, they will issue an order to demolish it. Unauthorized construction not approved by local authorities is also considered illegal.

Installation of barriers

If a certain road sign can somehow regulate the situation with disorderly parking, then the passage of unauthorized cars is unlikely to decrease. To combat this problem, many HOAs decide to install fencing and barriers. But this must be done in compliance with all the rules.

The procedure consists of several stages.

1. First of all, it is necessary to organize a meeting of residents, at which the issue of installing a barrier to restrict access of strangers to the yard will be considered. If more than 70% of the owners are positive about this issue, then you can move on to the next stage, having previously recorded this fact.
2. Next, you need to submit an application to the local administration, attaching to it the minutes of the residents’ meeting and a detailed design of the fence. Within a month, it must be considered and a decision must be made on it, of which the owners are notified.
3. You need to be prepared for the possibility that you may receive a refusal. This usually happens if, as a result of reviewing the application, it turns out that after installing the barrier, 24-hour unhindered access to the yard for utility and emergency services vehicles will not be provided.

If an already installed fence poses an obstacle to territory development, repair or construction work, which is financed from budget funds, it can be dismantled.

At the same time, residents are notified in advance about dismantling and all costs incurred by the owners of the common land plot are compensated in full. The amount of compensation is determined through an independent examination.

Is privatization possible?

If the house was built after the residential complex came into force, there is no need to register ownership of the adjacent land - residents enter into shared ownership immediately after the delivery of the property. The situation is different with older buildings - by default, the land under and around the building belongs to the municipality.

The law allows you to register ownership of the local area. This can be done free of charge, and the procedure for privatizing the local area of ​​low-rise and high-rise apartment buildings is no different. But residents of the first houses can use the privatized land for their own needs - to lay out beds, plant shrubs, erect outbuildings.

On behalf of the owners, an application is submitted to the administration, which is accompanied by a cadastral passport and technical documentation for the property. You will also need minutes of the meeting, which record the consent of at least half of the residents. The applicant's authority must be confirmed by a power of attorney.

Advantages and disadvantages of registering ownership

Advantages of privatization of the local area:

• possibility of commercial use - organizing paid parking, placing advertising structures, installing a commercial kiosk, opening a paid parking lot, etc. The profit received can be used for the needs of the apartment building or transferred to the management company for utility bills;
• no one will be able to use it without the consent of the residents.

Minuses:

• you will have to pay tax;
• All landscaping work is carried out at the expense of the owners.

Residents decide for themselves whether to privatize the area adjacent to the high-rise building.

How is the size determined?

All parameters of the site adjacent to the house are determined by land managers. They calculate the size of the PT based on the characteristics of the house, and then determine it on the ground. The result of this work is a land plot plan, cadastral passport and number.

Standards

PT parameters are calculated based on SNiPs. They determine the standards for multi-apartment residential buildings. The larger the house, the more territory it needs to be allocated. This universal rule is adjusted by local authorities according to the situation.

Square

In order to determine the PT, you need to multiply the total area of ​​apartments by the specific value of the land share. The area of ​​residential premises is a universal indicator for all regions and localities. The specific value of the land share reflects the situation with the planning of plots in a given part of the settlement. This means that the area of ​​the PT may be less than the area of ​​all apartments.

Borders

The configuration of the land plot of a given house can be very different. Borders can take on any geometric shape. It all depends on the objects located in the neighborhood, the density of development and the prospects for the development of the territory.

Thus, the area surrounding an apartment building performs several functions at once. This is the living environment of people, someone's property, the location of objects that ensure the viability of the house. All this combination of functions is supported by regulations and the actions of people.

Clarifications from Slutsk Housing and Communal Services

“Since January 2021, a new edition of the Housing Code of the Republic of Belarus has come into force. Prior to this, the provision of cleaning services for local areas was regulated by Decree No. 535 “On the provision of housing and communal services.” With the introduction of the new code, all by-laws that were previously in force were abolished.

Now, according to ab. 2 hours 3 tbsp. 32 of the Housing Code of the Republic of Belarus, “the maintenance and restoration of the sanitary and technical condition of the local area, leased or for the maintenance of residential buildings to organizations of owners, organizations that own, possess or use housing facilities, is carried out by them at their own expense,” explained Igor Shchaev, head of the legal activities department of the Slutsk Housing and Public Utilities Unitary Enterprise.