Planting green spaces within cities and towns, in suburban areas, and in forests is subject to strict control by the Department of Environmental Management (DPiOOS). If it is necessary to carry out work related to cutting down, replanting, compensatory restoration, crowning, the issue of obtaining a permit becomes relevant. Any actions within departmental territories without its presence are classified as unlawful.
The preservation of green spaces is of particular importance for the environment during construction, since uncontrolled destruction causes irreparable harm.
provides services for conducting dendrological surveys and issuing permits for cutting down green spaces for construction, replanting work on a land plot or within forestry. Geography of work on engineering dendrology throughout Russia, including Moscow and the Moscow region
Help me correctly draw up an application to the housing office for tree removal.
We ask (if there are neighbors in a similar situation, things will go faster) to consider our request regarding the removal of a tree (poplar) standing next to the house, or rather opposite our apartments, for the following reasons: 1. The tree is most likely sick, because the leaves are not They have opened up and are already starting to dry out.
2. There are strange insects on the tree that get into the apartment and can bring any disease of an allergic, asthmatic or infectious nature. 3. The tree grows in the shady part of the house (like the windows of our apartments) and this aggravates its harmfulness. Based on the above, we ask you to consider our application, examine the tree and make a decision taking into account our concerns and request.
I ask you to cut down the tree next to the 2nd entrance of the house located at the address: st. Bohunskaya 29. The tree is located directly under the windows of the residents of apartments 20 and 24. Overgrown branches cover the windows and prevent sunlight from entering the house, and according to SNiP 23-05-95, trees should not grow closer than five meters to the house (this tree grows 2 meters from the house). You have to constantly use electric light, which leads to a significant increase in electricity costs. In addition, there is a real danger of injury - branches in a strong gust of wind can break the balcony windows of the residents of apartment 24, located on the 2nd floor of the above-mentioned building, which creates a real danger of injury to the residents of the apartments and random passers-by - fragments of a broken window can fly into the yard.
As a result of the above, we ask you to cut down this tree, since by blocking the access of light to our windows, the tree clearly worsens our living conditions. It can also cause a serious accident.
I also ask you to inform in writing about the date and period of work to cut down this tree or a reasoned refusal to do so within the time limits established by law.
Order of the State Construction Committee of the Russian Federation dated December 15, 1999 N 153 “On approval of the Rules for the creation, protection and maintenance of green spaces in the cities of the Russian Federation” 3.1.4. Crown trimming, hedge trimming
Source of the article: https://otvet.mail.ru/question/60100716
Why is it legal to cut down a tree and when is it necessary?
The basis for approval of tree cutting, tree felling and other procedures related to the removal of plants from a house site are necessary in the following cases:
- The tree has rotted or completely dried out. As a result, it does not bear fruit and looks unattractive. The risk of an accidental fall increases.
- The tree is damaged by pests and insects, which cannot be gotten rid of in any way. Often there is a solution to problems, but implementing it is not economically profitable. Legal tree removal with approval is the best option.
- A tree or bush has grown heavily into a wall or roof.
- There was a need for sanitary deforestation on the territory of the city with a permit.
- The green space is located in the area where utilities and other communications are laid.
- The plants are located at the construction site of a private or apartment building according to the project.
- The need to clear the territory to save people from natural disasters.
- Trees violate sanitary standards - they cover windows, preventing light from entering rooms, which negatively affects human health.
Where can I go to have a tree cut down in the yard, under an apartment window, or near a private house?
When a tree is in the way or poses a danger, and you can’t handle the problem yourself, you have to look for someone who can do the work professionally and legally.
After all, it is necessary not only to safely remove the interfering plant, but also to correctly fill out all the documents, as well as obtain a permit or felling ticket.
These services are provided by organizations that exist in every city.
We have already talked about:
- how trees are cut down;
- who issues permission for this action and how;
- who can initiate this process in certain situations.
In this article we will talk:
- in what cases and where you need to apply and write an application to cut down a tree;
- why you shouldn't do it yourself;
- who is engaged in cutting down and removing fallen trees;
- Is it legal for these organizations to demand money for their services?
Types of logging tickets
To obtain a permit for legal cutting, cutting down forests or trees, it is not necessary to make an appointment with the organization and wait in a long line. You can submit a request on specialized information portals. This format allows you to significantly reduce the time required to complete documents.
A ready-made permit to cut down emergency trees on the site is given in paper or digital form. Both have legal force, since each paper is assigned a unique number. Before preparing a package of documents, it is important to determine the purpose of the registration. There are several types of logging tickets:
- For sanitary felling and reconstruction of green spaces. The document is issued if it is necessary to eliminate diseased, dried or damaged plants. Such plantings pose a serious danger to utilities, people, buildings and movable property. They also cause damage to nearby vegetation. Reconstruction is a set of measures aimed at changing the structure of the green fund on the site. It is implemented if existing shrubs and trees have lost their functional purpose. Both the entire site and a separate part of it will be reconstructed.
- To replant green spaces for newly constructed facilities. In this category, there is a division of logging tickets into two subspecies. In the first case, a permit to cut down trees is issued to prepare the territory according to the law for capital construction (an approval document is also required for the construction). If an additional building permit is not required, a document of the second type is issued. It is necessary when felling is carried out for the following work: repair and reconstruction of utility networks/communications, various surveys, major repairs of buildings, installation of non-permanent structures, etc.
In addition to felling tickets, trees and shrubs can be legally cut down on the basis of a special order issued by the Department of Natural Resources and Environmental Protection. The document is issued within five days from the date of submission of the relevant application.
Why can't you cut it yourself?
Self-cutting or cutting down even small trees is a complex, dangerous process that requires special equipment and special skills .
Even the slightest mistake can result in personal injury or property damage.
You can read more about cutting down trees yourself, as well as cases when they can be removed manually, here.
The taller the tree, the more difficult it is to cut it down; in addition, the complexity and labor intensity of the process is influenced by plant parameters such as:
- location;
- general state;
- shape of the trunk and branches;
- the presence of nearby buildings, cars or people.
In addition to purely technical problems, there are also bureaucratic ones, because it is necessary to correctly draw up all the documents, then obtain permission to cut down or cut down.
At the same time , the procedure for obtaining a permit is different in each city , because these issues are regulated at the local government level.
Therefore, even if you prepare all the documents in accordance with the requirements of federal law, you may receive a refusal due to errors in execution.
To avoid such problems, you need to entrust the preparation and cutting to professionals; it’s not cheap, but you won’t have to redo documents several times or be responsible for damage caused by an unsuccessfully fallen fragment.
Situations in which tree felling is permitted
Trees can be cut down in the following situations:
Get a plot for individual housing construction
Here you can find out how to get a plot for individual housing construction for free, as well as who has the right to this and what documents need to be collected for this.
- if the land has an agricultural purpose. The exception is trees forming a forest shelterbelt;
- when trees fall spontaneously;
- in a situation where trees grow on land allocated for dacha and gardening activities or individual housing construction (IHC), and are owned by the landowner (provided that the cadastral passport of the land plot does not indicate any restrictions on actions with the land).
It should be borne in mind that in some regions of the Russian Federation, in addition to the current legislation, there are local regulations. Local laws do not contradict federal legislation, they only complement it. Therefore, it would be useful to obtain information about the possibility of logging from local authorities.
In what cases and to which organizations should I write?
There is no definite answer to this question, because a lot depends on the status of the person who needs the service, that is:
- land owner;
- lodger;
- tenant of the territory;
- representative of the company involved in felling.
No less important is the type of service they expect to receive, that is:
- logging permit;
- registration of a felling ticket;
- sawing
Additionally, the reason why the tree needs to be removed is very important. Therefore, we will analyze various situations and tell you where to turn in this or that case, based on where the tree grows.
In the courtyard
In the courtyards of apartment buildings, a tree can grow on municipal or private territory, because the land around the house is common property and belongs to all apartment owners.
If the plant is located in the local area and interferes with some work not related to home renovation, or grows under a window and blocks the light for residents of several apartments, then you need to start with a general meeting of homeowners.
After all, without the minutes of the meeting, which indicates the consent of all owners and also contains their signatures, contacting a management company (MC) or local administration makes no sense.
After obtaining the consent of all apartment owners (if the tree poses a threat or is unsafe, you can do without the consent of the remaining apartment owners), you must contact the Criminal Code and submit an application in free form and in two copies.
One copy remains with the Criminal Code, and the second with the person who submitted the application, and both copies must bear a mark indicating that the Criminal Code accepted the application, as well as the date/time of this event.
If the management company works normally, then after receiving a statement about the emergency tree, its representatives contact the administration and independently regulate all issues .
Moreover, the payment for cutting is evenly distributed among all residents of the house. If there is no emergency, but the management company is working well, then it is necessary to discuss further actions with its management, because despite the consent of all apartment owners, the management company can seriously complicate felling or sawing.
This is due to the fact that she is the one responsible for the local area and is the representative of all apartment owners. If the Criminal Code is not against cutting down a non-emergency tree, then having received its consent, it is necessary to prepare a package of documents to obtain permission .
It is quite difficult to do this on your own, because it is necessary to comply with the requirements of not only federal, but also local legislation.
Often such services are provided by organizations engaged in tree cutting. In addition, the management company can take over the paperwork ; in any case, these services will have to be paid for. In the process of preparing documents, it is necessary to conclude an agreement with a contractor who will cut down an emergency or interfering tree.
When all the documents are ready, you will need to pay for the contractor’s work and contribute to the district budget an amount sufficient to carry out restoration activities. Only after this can the disturbing/emergency tree be cut down and disposed of.
Under the window
There are situations when a tree in the courtyard of an apartment building disturbs only a small number of apartment owners or residents, blocking their light.
To cut down a tree under a window, you first need to contact the Housing Inspectorate or Rospotrebnadzor to check whether the illumination of the rooms complies with accepted standards.
If the inspection confirms that the tree reduces the level of illumination below the permissible level, then you should then contact the Criminal Code, and do this in writing and in two copies.
If the problem is not resolved within a week or at least a formal response is received, you should contact the prosecutor’s office with a complaint about the inaction of the Criminal Code, attaching a second copy of the appeal to the Criminal Code to the application.
If a tree growing under a window touches the glass, balcony canopy or roof with its branches, then you must immediately contact the management company, and they should respond within a few days .
If there is no response, you will have to contact the local administration or the Ministry of Emergency Situations. The management company or the administration must solve the problem quickly and at their own expense, but the services of the Ministry of Emergency Situations specialists may have to be paid for.
For them, this is a non-core job, but unlike the management company or local administration, the Ministry of Emergency Situations rarely delays in pruning or cutting down a tree.
At a private house
If a tree grows next to the house, but on the property of another owner, then you need to contact him first. After all, without his consent, it is impossible to remove not only an emergency, but even a dangerous plant.
If the owner’s consent in principle has been obtained, then it is necessary to discuss in advance who will pay for the preparation of documents and other work.
In cases where a plant interferes with the performance of any work, the one who is interested in carrying out this work usually pays .
When a tree threatens objects, the situation is not so clear-cut. After all, it’s one thing when an object is built after planting a tree, and even in violation of the requirements set out in SNiP 2.07.01-89 Urban Planning. Planning and development of urban and rural settlements.
According to this document, the minimum distance between the trunk and the building must exceed 5 m , so if the violation was committed by the one who built the building, then the payment for removing the tree will fall on the shoulders of the owner of the building, even if he only recently bought it.
If the plant was planted after the construction of the building, then the costs will have to be borne by the person on whose territory the tree grows.
If there is a threat of a tree falling or damage to communications, then you need to contact Rospotrebnadzor or the Housing Inspectorate , and if there is no quick response, go to the prosecutor’s office with a complaint about the inaction of the authorities.
In this case, it is desirable, but not necessary, to obtain the consent of the owner of the site where the problem tree grows, because representatives of the local administration have the right to give permission to cut down or cut down emergency trees, regardless of the opinion of the owner of the site.
In cases where it was possible to reach an agreement with a neighbor, the procedure should be as follows:
- find a contractor who can cut down a tree growing near the house and enter into an agreement with him;
- if the contractor provides services for obtaining a permit, then transfer all documents to him, if not, then take them to a single window or the relevant department of the local administration;
- after receiving permission, pay the contractor’s work and pay into the budget the amount established based on the results of the taxation, which will be used to restore the green fund.
On your site
Despite the fact that most trees on your property can be cut down without obtaining permission, we recommend visiting the local administration and consulting with them.
After all, every city, and sometimes even small villages, has its own procedure for obtaining permission to cut or cut down, as well as its own list of criteria by which the value of a tree is determined.
This consultation is free and in most cases the result is a message that the tree is not valuable, therefore the local administration has no right to make any decision.
Having received such an answer, you can remove the interfering or emergency plant yourself or contact a contractor.
Permission to cut down green spaces during construction
Urban planning activities on a land plot involve resolving the issue of trees and shrubs growing on it. According to established standards, it is necessary to obtain a positive decision from the state examination. To do this, a compiled dendrological plan, combined with a general construction plan (1:500), is sent to the Department of Natural Resources. Subsequent registration of a felling ticket in this case is not required.
The regulations provide for mandatory notification of city executive authorities about the intentional cutting down of trees and shrubs 10 days in advance. The contractor has the right to carry out work on the basis of obtaining a construction permit. A mandatory condition is making an official payment for the compensation cost for causing harm. The full cost can be found in the Department of Environmental Protection.
A permit for cutting down trees in Moscow in the form of a felling ticket may be required if the construction project was examined by a non-governmental organization or a government agency that is under the authority of the federal executive body. This applies to the construction and reconstruction of facilities.
What should you do if there is a threat to power lines?
In such cases, you must immediately contact the local administration or the Ministry of Emergency Situations , because if a strong wind rises, the branches may break the wires, which will lead to a short circuit and, possibly, a fire. You can also call the dispatcher of the resource supplying organization and tell about the problem.
Such requests can come not only from property owners, but also from residents or tenants.
If the owner of the property discovers that a tree growing on his territory threatens the power grid, then he should do the same and under no circumstances try to cut down or trim the plant himself .
This is due both to the prohibition of removing trees without obtaining permission, and to some features of cutting down trees near and under power lines. Before starting cutting, it is necessary to turn off the power supply in this area, which can only be done by representatives of:
- Ministry of Emergency Situations;
- local administration;
- resource supply organization.
Forest documents. How can you get “free” timber for construction without leaving your home?
Recently, on my channel, I wrote an article about 150 free cubic meters of forest, as well as about free firewood for heating, which in theory the state allocates. It turned out that not everyone in our country allocates forests - both for construction and for heating. Among my acquaintances I found a man who had received timber for construction, albeit in Bashkiria. The norms vary by region, how much is given and to whom. But this is logical, there are regions where, in principle, there are problems with the forest. You can read more about this in the article, there are instructions on what laws to Google. I will attach the link at the end of this post.
Briefly, about the procedure for obtaining timber for construction:
You submit an application (you need to meet the criteria, the main one being that you don’t have your own home);
You are put on a waiting list (everything is complicated here, everything depends on the specific region, my friend in Bashkiria waited 3 years);
You get a forest in the form of a plot in the forest.
Well, and actually to the main topic of this article. How to do this without getting up from the couch, meaning submit an application.
While browsing the Government Services website, I found this topic. An application for receiving timber for construction can be submitted from the website via the Internet. Which, you see, greatly simplifies everything. There is no need to go to the local administration, stand in lines there, or listen to sometimes rude officials. It’s rare that in our country you can say thank you to the sovereign’s servants, but they deserve full praise for this site. Really convenient.
So here it is. To submit an application, you need to have a verified account there, exposed in Russian. When this site first appeared, verification was difficult, in the sense that you were sent a password by email. Now everything has been greatly simplified. Almost every city has a MFC (multifunctional center) where you can come, show your passport and verify your account.
Find it through the search on the site. The biggest plus is that the application can be submitted electronically. There, when you find a service, it will be fully explained what documents are needed for this.
Everything is filled out quite simply. There are clues everywhere. Fill in everything you need and click “send”. Actually, that's all. Those who through the State. Services have drawn up something, they know that the answer will appear in your personal account. They will write to you the result of consideration of your application and, if it was rejected, then for what reason. That is, you don’t need to go anywhere at all. Fill out the application and wait 30 days. For me, this number of days is the time it takes to receive the service. You can submit any number of applications, this is in case there are any problems with the necessary documents. The best part is that you don’t have to go anywhere. And not the way it often happens with us. You came to some government office, they kicked you off to the next one, and back from there because your comma is in the wrong place and you need a separate certificate to obtain a certificate, etc. Here you lie on the sofa and write about departments.
For those who are planning to build something, a good option is to get wood. A friend of mine who is in Bashkiria received the forest, albeit three years later and in the form of a plot. He had already built the house by this time. And he sold the plot to a logging company. There are offices that buy logging coupons from the population. So, after spending 15 minutes of your time, you can try to earn some money. I strongly recommend that you study the issue. Our government doesn’t like to share anything with people. We need to help him with this somehow.
The more you put about, the more people will be able to get acquainted with this information, well, and hopefully get what they are owed from the state.
Here is an article on the topic of obtaining wood, which also contains a lot of useful information on this topic:
“About free forest for the population.”
How lucky are the residents of the Irkutsk region, they are no longer given “standing” timber, but timber or boards!!!
Good luck and good mood to everyone. Subscribe to “Samostroy” it will be interesting.
What to do if there is dead wood next to the house?
A dry tree (dead wood) can stand for decades, so the main danger is not associated with a fall or some kind of interference, but with a high probability of fire .
After all, it is hundreds of times easier to set fire to a dry tree than a living one, so when you see a dry tree not far from your house or apartment, it is advisable to immediately contact the management company, a single window or the local administration .
If the dead tree has not been cut down within a week, or a response has not been received indicating the timing of the work, then it is necessary to contact the prosecutor's office with a complaint about the inaction of the Criminal Code or local authorities.
How to find organizations engaged in sawing from aerial platforms and using a crane?
Even arborists who do not have mountaineering training can cut down trees using an aerial platform , which makes their services much cheaper. A significant disadvantage of the aerial platform is that it can only move on roads, and for work it needs a fairly large, free and level area.
An aerial platform is one of the modifications to the chassis of serial trucks ; it can only be used to lift people or small loads to a certain height.
Therefore, most often, aerial platforms are purchased by enterprises whose main profile is construction/repair of buildings and structures.
Moreover, the larger the enterprise, the higher the likelihood that they have a tower of the required height on their balance sheet, so this type of vehicle is rarely found in house management offices and various REUs or housing offices, but enterprises that serve many large facilities always have aerial towers.
Most of these businesses advertise their services in local newspapers, as well as on various Internet sites in their city.
You need to call them and choose the one who offers the best conditions .
You will find more detailed information about such enterprises in this article.
Often, along with the aerial platform, it is necessary to order a crane, especially in cases where it is not possible to create a curtain for the safe lowering of cut-off fragments.
Despite the fact that renting a crane, as well as renting a tower, is not cheap, cutting down large trees with their help will cost significantly less than the work of arborists-climbers with the formation of a curtain.
In addition, using a crane dramatically reduces the likelihood of cut pieces of trunk or branches falling to the ground. This is especially important in cases where there is movable or immovable property under the tree that, for any reason, cannot be removed or moved to a safe distance.
forestry business from scratch
When we talk about the forestry business, we usually mean working with wood.
This type of business is quite technological, in the sense that it requires a very certain amount of equipment, personnel servicing this equipment, as well as fuels and lubricants. Therefore, it is quite difficult to expect to start such a forestry business from scratch - nevertheless, the initial costs here will most likely be substantial (of course, unless you already have the equipment necessary for felling, transporting and sawing wood). Therefore, today we propose to look at the forestry business from a slightly different angle, namely, to use not only wood from the gifts of Nature, but also what is called wild plants. These are mushrooms, berries, nuts, medicinal plants, resin, cones, pine needles, roots, ferns and everything else that grows in the forest and is in demand among the population.
In this area of the forestry business, on the one hand, everything is easier, and on the other, more difficult than in timber harvesting.
Of course, when working with wild plants there is a lot of manual labor, and here it is a sacred matter to engage in employment for the local rural population. Usually in villages there are big problems with work, so finding employees is not difficult. But at the same time, the mentality of village residents is often such that they do not work consistently and not necessarily, they abuse alcohol, etc. Therefore, if you manage to put together a good, solid staff of conscientious workers, consider that the success of your enterprise is 90% guaranteed!
Another important point when harvesting wild plants is the development and implementation of technologies for preserving the collected raw materials. After all, different types of wild plants require completely different processing methods: some need to be dried in the shade, some in the sun, some require immediate fermentation immediately after collection, some need to be boiled in sugar, some simply need to be salted in strong water. saline solution, some require shock freezing equipment, etc.
That is, the qualifications of the specialists who will do this are very important for obtaining a good quality product. But on the other hand, all these technological processes are not so complex that an ordinary village housewife could not cope with them - therefore, again, if you have a good staff, you can easily teach them all the intricacies of proper industrial harvesting of wild plants.
Now let's touch on the seasonality of the ripening of wild plants. In different areas, the list of harvested gifts of nature will vary, but, in any case, each wild plant has its own harvest time, so this business is seasonal. But usually in the forest there is not just one type of plant growing that is suitable for harvesting, but several - and their ripening time will most likely be different, so seasonality will not be so pronounced.
And the last, but very important point. When working with wild plants, it is important not only to collect them and prepare them correctly, but also to sell them to someone. That is, at the very beginning of creating a forestry business on wild plants, it is necessary to attend to the sales market. Whether you cooperate with retail chains or simply negotiate with wholesalers-resellers is not so important, the main thing is that the goods reach the buyer on time. Since the natural product, as you know, does not have a very long shelf life.
Who does the cutting and uprooting?
Most enterprises and private entrepreneurs who provide tree cutting and pruning services can also perform uprooting using various cutters .
The advantages of such uprooting are:
- minimum cost;
- the possibility of destroying a stump using small, including non-self-propelled equipment;
- minimal soil damage.
The main disadvantage of this uprooting method is the destruction of only a small part of the root system , which does not always lead to the cessation of tree growth after cutting.
Often, after such uprooting, the roots remaining in the ground in the spring give rise to new shoots that grow very quickly.
After all, the size of the root system allowed it to supply the nutrition necessary for the growth of an adult tree, which is why the juveniles will gain weight very quickly.
Roots can only be completely removed:
- manually;
- using an excavator;
- using a bulldozer equipped with a ripper.
You will find more detailed information about the various uprooting methods and their costs in these articles:
When choosing a contractor to cut down a tree, you need to clarify in advance what uprooting methods he can offer and how much his services will cost.
Authorities regulating the issue
In most cases, such permits are issued by the Department of Natural Resources or the Nature Protection Department of the city administration, but there may be situations when its functions are performed by other departments, including the Department of Housing and Communal Services (HPU).
Most cities have their own procedure for issuing permits with a list of organizations that provide such services.
You can often order a permit through the “Single Window” service; in this case, the entire package of documents will be sent to the official who deals with these issues, and the land owner will not have to run around offices and ask who issues permits or logging tickets.
Who is responsible for the removal and disposal of trunks and branches, and how does this happen?
Not all contractors offer removal and disposal of the results of cutting down trees, so you need to carefully select a contractor .
After all, if the contractor does not provide such a service, then you will have to look for one who can remove and dispose of the trunk and branches.
It’s easiest for residents of private houses, because the same arborists who will cut down the tree cut the trunk and branches into logs You can keep the firewood for your heating stove or other purposes, or you can give it away or sell it to neighbors who heat their homes with a wood stove or boiler.
This method of disposal has only
two disadvantages :
- firewood is not needed in the city;
- It’s not enough to cut trunks and branches into logs; they also need to be chopped into logs, and doing this manually is difficult and expensive, and machines with the appropriate attachments are not widely used in Russia.
Some contractors suggest chopping large branches and thin trunks into chips. The advantage of shredding is that the wood chips do not have to be placed somewhere, and you don’t have to pay for subsequent disposal; you just need to scatter them over the lawn or any other green area.
If you add ash and nitrogen-containing fertilizers to the ground along with such mulch, then after rotting the wood will fill the soil with nutrients and improve its structure. In the article about mulching with wood chips, we talked in detail about this method of using chopped wood.
If it is not possible to make firewood or wood chips from a cut tree, it will have to be cut into pieces and put into a truck , and then taken to a landfill.
However, this method of disposal is extremely expensive, because you will have to pay for the loading and transportation of objects to the landfill, as well as pay the tariffs established by the landfill for the volume of waste thrown out.
Responsibility for the disposal of the remains of a cut tree directly depends on who will carry it out. If the contract with the contractor states that he not only cuts down, but also removes all remains , then the responsibility lies with him.
If, according to the contract, the contractor must only saw or chop the wood, then after completing his work, responsibility for disposal and its consequences falls on the customer.
A package of documents for obtaining permission to cut down trees and forests
Do you need to approve the legal cutting down of trees on your territory? There is a standard list of documentation:
- A written application indicating the reason for the sawing and the full details of the applicant.
- An official certificate of the examination carried out. The information in it confirms the points of the statement.
- Detailed site planning diagram. The green spaces that need to be cut down must be marked on it.
- Documents on the ownership of the site.
- A concluded agreement with a contractor, if it is necessary to cut down several trees, or the location of plantings requires a special approach.
Other documents can also be added to the minimum package. Each case is considered individually.
In what cases is this service paid, and when is it illegal to demand money?
Cutting down trees is a very complex and responsible job, so in principle it cannot be not only free, but also cheap .
In addition, when preparing documents, it is necessary to pay for the examination, as well as fully pay for measures that will restore the number of trees.
Therefore, cutting down can only be free if someone else has paid for it.
There is no single federal law that regulates this situation, since all issues related to cutting are within the competence of local government. Therefore, in the vast majority of cases, the person who is most interested in it pays for this work .
For example, land owners should remove dangerous plants along power lines, but they do not always do this, and sometimes they are not even aware of the threat. Therefore, power engineers are forced to cut down such trees at the expense of the budget, because if they fall, they will have to not only dispose of the trunks and branches, but also restore the damage.
If an emergency tree grows in the courtyard of an apartment building, but on municipal land, that is, it is located outside the local area, but poses a threat to the health or property of any of the apartment owners, then the local administration must bear all costs .
If a tree grows in the local area, then the management company can pay for its removal in two ways:
- from contributions for repairs (not to be confused with payments for major repairs);
- including the costs of all work in the receipt for the next month or several months if the amount is very large.
In any case, only a general meeting of apartment owners can choose the form of payment, based on the results of which a protocol must be drawn up with the signature of each owner.
The following are
cases in which it is illegal for tree cutting or disposal services :
- in response to natural disasters;
- if the local administration refused to recognize the tree as unsafe, but it fell or leaned heavily;
- if the emergency or dangerous tree is located on land owned by another owner, including the municipality.
If the tree interferes with some work not related to eliminating the source of increased danger, then the payment for paperwork (including the fee for restoring the green fund) and cutting down the plant is borne by the person who needs this work.
In apartment buildings, for this purpose, first, at a general meeting of residents work plan is approved, then a representative is chosen who will do this, or the work is entrusted to the management company.
Moreover, all this, as well as the agreement to pay for all the necessary work, must be noted in the minutes of the meeting of residents of the building and signed by all apartment owners.
Cutting procedure
After receiving the application, management company employees must personally visit the specified place along with the necessary tools and cut down the emergency tree. Next, the management company’s employees must remove the felled tree outside the city.
Remember: if an apartment owner wants to cut down a dangerous tree near the house on his own, then he should think about the fine that he will pay for such an action. Moreover, the receipt is paid both for cutting down a tree located on common and private territory. You will have to pay 5,000 rubles.
And if a tree growing in the local area was cut down by a company, then it will have to pay from 200,000 to 500,000 rubles.
But remember, the final amount of the fine depends on several conditions.
It depends on:
- the position of the person who cut down the tree;
- the number of persons involved in cutting down the tree;
- motive, intention of the owner of the apartment.
In addition to a fine, the owner of the property for unauthorized cutting down of green space has the right to be imprisoned for 3-5 years.
Where to write an application?
The procedure for accepting applications for cutting down nuisance or emergency trees is regulated by regulations adopted by the local government (local administration). Therefore, in different cities and other localities, such applications may be accepted in different places.
We have prepared
a list of such items :
- Management company office. All owners and residents of apartments, as well as owners of territories/objects located near the house, can apply.
- Multifunctional under local administration. Any owners of apartments or land plots can apply.
- Any local government department. Any land or real estate owner can apply and must be politely redirected to the appropriate department.
- Housing inspection under the administration. It is worth contacting there if the Criminal Code is inactive.
- Enterprises providing tree cutting and permitting services. Any land owner can apply.
- Prosecutor's office. You should contact it if the Criminal Code and local authorities are inactive.
Who deals with trees that have fallen in different areas?
If the fallen tree does not bother anyone and has not caused harm, the owner of the plot where it grew will have to deal with it. The local administration may oblige him to remove and dispose of all the wood so that it does not spoil the appearance of the city or village.
He may also be required to dispose of the wood by the owner of the property on which the tree fell. However, in such situations, several years may pass from the moment of fall to disposal, because a plant lying on the ground does not bother anyone, so there is no reason to rush to solve this problem.
If a tree falls on a building, but this does not pose a threat to people and does not worsen their standard of living, then the owner of the territory where the plant was located .
If for some reason he does not take any action, then the local administration should deal with the problem. In cases where a fallen trunk or its branches worsen people's living standards, local administration workers should deal with the problem.
Perhaps they will be able to oblige the owner of the site where the problem tree grew to pay for the work of cutting it down and disposing of it, but if this is impossible for any reason, then all work will be paid for from the budget.
If, after the fall, the plant
poses a serious threat to people’s lives, as well as when there is a threat of damage to communications, or they are already damaged, only employees of the Ministry of Emergency Situations .
After all, it is necessary not only to quickly cut the trunk and branches, but also to do it in such a way as not to aggravate the situation.
After emergency work is completed, responsibility passes to the local administration , which must take care of the disposal of wood debris and assistance to the victims.
Different situations
There are two fundamentally different situations regarding cutting down trees. They differ in the right of ownership of the land on which the plant grows:
- If you need to remove a tree on your own property (dacha, for example), then permission is not required. The owner of the allotment is free to decide on the number of plantings on his territory;
- The rule also applies to municipal (state) lands. The decision to cut down must be made by the owner. And this requires citizens to communicate with him.
Important: felling without obtaining an administrative document threatens a court decision on compensation for damage to the owner (city, town, state).