What to do if you built a house closer than 3 meters from the fence in 2021

Hello, in this article we will try to answer the question: “What to do if you built a house closer than 3 meters from the fence in 2021.” You can also consult with lawyers online for free directly on the website.

Is it possible to build close to the fence? Construction of an object on the boundary line can be carried out if the owner of the adjacent plot has given permission for such development. Place the main emphasis in your application on the evidence base (which authorities were contacted, the results of inspections, etc.). Attach all conclusions of the authorities that conducted the survey of the location of buildings in the originals.

Retreat 3 meters from the border of the site

The boundaries, areas and mode of use of land plots in multi-apartment residential buildings are determined by urban planning documentation, taking into account the legislation of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation. The minimum areas of apartment plots for different types of residential buildings are given in table.

1. According to clause 5.3.2. a manor house, one or two-apartment house must be at least 5 m from the red line of streets, at least 3 m from the red line of driveways. The distance from outbuildings to the red lines of streets and driveways must be at least 5 m. To the border of the neighboring apartment plot, the distances for sanitary and living conditions must be no less than: from a manor house, one-two-apartment and semi-detached house - 3 m, taking into account the requirements of paragraph.

• your rights to the land plot must be legalized (availability of documents confirming ownership);
• a plot of land must be isolated on the basis of data from a geodetic organization (availability of a land survey plan);
• the fact of violation of the law by the neighbor in terms of non-compliance with indentations is documented (there are conclusions of the competent authorities);
• lack of agreement between you and your neighbor on the possibility of reducing the maximum permissible values ​​for the distances between objects.

A statement of claim to eliminate a violation of the rights of the owner of a claim to eliminate a violation of the rights of the owner of a land plot can be found here. In the statement of claim, reflect information about the parties to the dispute (full name, residential address), the location of neighboring land plots and the essence of the conflict situation.

In addition, the overhanging parts of the house must be built at a height of 3.5 meters. If you are planning the construction of additional facilities or further changes to the building, then you need to know that the setback from the neighboring building should be:

• - for one-story houses - more than 1 meter;
• - for buildings with two floors - 1.5 meters or more;
• - more than 2 floors - 5 meters.

Thus, there may be no indentation at all. Legislative regulation of the minimum indentation from the boundaries of the land plot of the walls of residential buildings and other walls of buildings with windows:

1. at a distance that provides excellent clearance at a height of about 6 meters from any point on the territory, with clearly separated general purpose buildings, the construction of buildings of at least 10 meters is allowed. When constructing buildings of more than 1 floor, the calculation of the distance is carried out taking into account the distance between the buildings and the neighboring site;
2. in the event that the construction site is located with adjacent buildings, but the future building will include no more than 1 floor, legislative acts provide for a distance from adjacent buildings of 3 meters.

This legislation applies to a land plot whose width is at least 12 meters. As for additional buildings, their construction is allowed with an indentation of at least 1 meter. Planning and further construction of outbuildings, in particular bathhouses, is allowed with an indentation of at least 1 meter from the edge of the land plot. A simple example: Koltakova A.V. I decided to raise chickens on my property. For this purpose she is going to build a barn. However, when calculating the construction site, it turned out that the distance from the fence is less than 1 meter. If she nevertheless decides to build a shed here, she faces an administrative violation in the form of a fine.

The law provides minimum standards for the placement of buildings :

• 1 meter from the bathhouse, garage or shed to the boundaries of the adjacent plot;
• 2 meters from a small tree to the neighboring territory;
• 3 meters from the house to the neighboring fence;
• 3 meters from a residential building to the road;
• 4 meters from a perennial tree to an adjacent fence;
• 4 meters from animal sheds to adjacent fence;
• 5 meters from the house/office building to the sidewalk or road;
• 6 meters from the window of a residential building to a neighboring building.

Violation of the boundaries of a land plot leads to the following consequences:

• discomfort due to the neighbor’s window being too close;
• due to too small a distance between buildings, there is a high risk of fire;
• neighbors may flood with sewage;
• a house located close to neighbors creates shade, which prevents the growing of plants;
• the shadow from a neighboring house prevents sunlight from entering the house;
• if the houses are located too close, problems arise with the installation of fences - if one neighbor can maintain the indentations, then the other cannot (there will be a problem with movement around the territory).

It is possible to build an object on the border with a neighbor if he has given permission to carry out such actions.

Permission to violate the distance from the house to the border of the neighboring property must be recorded in writing in case the neighbor changes his mind. This will ensure that you are protected in case of potential disputes or if a complaint is filed against you.

If the norms for the setback of buildings from the boundaries of the land plot are not met and a complaint is filed against you, you will have to demolish part of the building (house) to comply with the minimum required distance.

If a neighbor does not comply with the setback from the property line when building a house, you must contact the district administration to protect your rights and write a statement. Having received the document, the administration will send a commission consisting of land management specialists.

Compliance with the city planning code and sanitary standards will be checked. The municipality will decide what to do with the building, which was built in violation of land surveying standards.

If local administration employees hesitate to make a decision or completely ignore the problem regarding violation of the boundaries of the site, it is necessary to file a claim in court.

Before going to court, you must record in writing the fact of illegal construction near the border of your property. To do this, you can organize a geodetic examination, which will draw up an official act and confirm existing violations.

Additional checks can be organized by calling fire and architectural supervision. They will check for existing violations of fire safety and building regulations. Be sure to receive recorded violations in writing.

The documents described above are enough for the court to make a decision in your favor.

Sometimes, failure to comply with the required indentations is critical. For example, the appearance of mold due to the lack of sufficient sunlight, or the risk of fire in buildings due to close proximity. In such cases, the court decides to demolish the building that created so many problems.

Until it came to ruins

Some distances in photo format.

Military action is not a way out of the situation. Often, as practice shows, litigation does not lead to anything good other than replenishing the state treasury with your or your neighbors’ money. Decisions must be made before open hostilities.

Compromises are more acceptable and justifiable. But you have to be ready for anything. Our instructions cover three points:

• Standards for the placement of main buildings, planting of trees and shrubs relative to the boundary;
• Options for fencing the site;
• Resolving controversial issues.

What, where, for how long

Eh, border. You are the border.

We will consider the problem of placing various objects on a site in accordance with building codes and regulations using the example of a garden plot. As practice shows, it is in this direction that most clashes and misunderstandings occur.

So, let's turn to lawmaking:

Note! Before starting a very useful excursion through the legal jungle, we invite you to pay attention to the fact that these standards presuppose a legally fixed boundary of the plots, otherwise you will face long and fruitless ordeals along the corridors of the relevant authorities.

• We will not focus your attention on the size of the plot; firstly, they may be different, and secondly, the rules listed below apply to any areas;
• It is recommended to fence individual areas, and the fence should be either mesh or lattice 1.5 meters . The rules also say that it is permissible to erect a solid, closed fence on the side of the roadway or street;

For your information! Although we will consider the issue of division separately, I would like to immediately note that the issue of fencing the site from neighbors is advisory in nature. And to the question of how to force a neighbor to put up a fence, we will answer that if he did not demolish it, then there is no way.

In this matter, the main weapons are documents and tape measure.

• In addition, the same rules allow the placement of a cesspool on your site, and in the absence of a centralized sewer system - a latrine;
• The construction of residential buildings, garages, sheds, baths (saunas), showers, carports is permitted if appropriate projects are available. In addition, the distances between buildings within the same area are not specified;
• And now attention, the most interesting thing is why all the misunderstandings arise. The house or cottage must be located at least 5 meters from the red line of the street, and 3 meters from the red line of the driveways;

Our help! The red line is an architectural concept that has taken root in cadastral realities. This line means the conventional boundary between the roadway of the street and the building area.

• And now about what provokes neighbor wars - about the minimum distance to the border of the neighboring land:
• The distance from the house to the neighbor’s fence must be at least 3 meters;
• There should be at least 4 meters from sheds where small animals are kept and poultry houses;
• The distance from sheds for other purposes, garages, sheds must be at least 1 meter;
• There should be no less than 4 meters from the trunks of tall trees to the border, no less than 2 meters from medium-sized trees and no less than 1 meter from bushes.
• As the heroine of the film “Office Romance” said, “all in yourself.” At the same time, there is one more tightening that must be voiced. If a roof slope, a wall fragment, a porch, a canopy adjacent to the house, and other small and not medium-sized architectural forms protrude from the general ensemble of the building by more than half a meter, then this distance is calculated from them;
• And that is not all. Even when moving 1 meter away from the boundary, and erecting the slope of the roof of the barn, you must direct it in your direction;
• There are quite strict standards regarding the distances from the cesspool to other buildings:
• So the distance from a residential building to a cesspool should be no less than 12 m;
• From showers, baths and saunas - at least 8 meters;
• It is allowed to dig wells at the same distance.

Note! These distances are equally applicable to buildings in the adjacent area.

The bill will start from the veranda.

• And to fully flesh out this topic, we will consider more options for joint buildings. It is very fashionable to combine buildings, for example, a house with a garage, or a house with a poultry house or a winter garden; this is allowed by the standards, but in this case the permissible distance is calculated separately for each object. And if a neighbor built a house close to the fence, thereby violating established standards, you have the right to demand compensation.

Fences are not only an element of fencing, but also a solution to legal disputes

Who is man to man?

It’s good if you are lucky and you decide to build a common fence with your neighbors and divide the costs equally, many may envy you. Although, by and large, this is normal practice for resolving neighborly disputes. Usually the plot goes to the owner with boundary signs. In normal circumstances, having notified your neighbors, you can begin building the fence.

Why is the issue being discussed with neighbors?

• The fact is that any cross-border work must be done together, this will initially smooth out those sharp corners that may arise later;
• According to the rules of land use and development, administrative liability may arise for intrusion into someone else's territory (including for violating the distance from the fence to the building according to SNiP). And these are fines and forced dismantling of the erected fence, which, I must say, is not a cheap pleasure. Therefore, if a neighbor has put a fence on my territory, you can gently hint to him that he is wrong. Tell him about the rules of land use and development. But if a neighbor put a fence on my property, found out that he was wrong and did not react, then let him blame himself; the state treasury will be replenished at his expense.

In this case, the fence can be:

• Temporary;
• Permanent.

1. About temporary fences. There are situations when the site where construction is planned is best taken under protection. This is the moment when building materials have already been delivered, but construction has not yet begun. In this case, a temporary fence will help you. The name speaks for itself - easy to install, easy to remove. You drive metal pins or pipes around the perimeter and install the chain-link mesh with your own hands, it couldn’t be easier. In case of disputes and disagreements, such a structure can always be easily dismantled and moved to a new location.

Temporary, it is temporary in Africa too.

1. Permanent fences. Here everything is clear to you - the fence goes strictly along the boundary, is installed once and for a long period of time, the price of the capital product will be appropriate. Therefore, all legal issues must be resolved before installing a permanent structure.

There are general requirements for stationary fences:

• The fence must be installed permanently on reliable supports. It must withstand gusts of wind, rain and melt water, and its own weight;
• The fence should not shade buildings, as well as existing green spaces;
• The appearance of the product must be aesthetic on both sides;
• Solid fences are allowed on the street side, but not more than two meters high.

Such a fence can only be installed in a pure “legal field”.

We built a house close to the fence - what to do now?

If the distance from the border of the land plot to the buildings is not respected by the neighbor, a statement of claim is drawn up to be filed in court.

In the claim we provide the following information:

1. The name of the judicial authority to which the applicant is applying.
2. Full name and contact details.
3. Information about the boundary violator.
4. Site coordinates.
5. The reasons for filing a claim in court are listed.
6. The documents attached to the application and serving as evidence are listed.

When drawing up a statement of claim, it is important to consider a number of nuances :

• you must have documents confirming the legality of your rights to property;
• there must be a land surveying plan;
• the fact of violation must be recorded in writing, it is necessary to have the conclusions of the competent authorities;
• you should not have an agreement with your neighbor to reduce your land plot in his favor.

The statement of claim is drawn up in two copies. One goes to court, the other goes to the neighbor who violated your boundaries.

If your neighbor’s fence is not installed along the property line, you can file a lawsuit against him.

The courts make a decision on illegal buildings within 30 days.

If the court needs to conduct a series of examinations to make a decision, then the period for making a decision may be extended, but not more than 2 weeks.

Many citizens mistakenly believe that if a neighbor built a house closer than 3 meters, it is enough to file a lawsuit and the house will be demolished.

Judicial practice in such cases shows a completely different picture. Strong evidence is needed for the court to decide to demolish a building, and we are talking not only about houses, but also about garages, sheds, outbuildings and the like.

Examples of disputes and relevant court rulings:

• if you filed a lawsuit regarding flooding of your property with water from the roof of a neighboring house, the court will decide to install additional storm drains;
• if a neighbor builds a garage, violating land boundaries, the court will completely reject the claim due to its insignificance.

The court always strives to make decisions that suit both parties. In order for the court to make a more radical decision, it is necessary to have advisory documents from regulatory authorities that respect the boundaries.

The court also always refers to the provisions of SNiP 2.07.01-89 (a document that specifies information about setbacks from the boundaries of a land plot), which states that boundaries may differ from those established by law with the mutual consent of the parties.

Therefore, as practice shows, you should always try to find ways to resolve disputes with your neighbor. Simply because his house is located too close to yours, getting a decision to demolish the house will be very difficult, almost impossible.

As you understand, if the rules are violated, you will not be able to register anything. And if you start running around the authorities, you will invite fire on yourself. Live quietly and don't touch the house. Then something will change. For example, you buy your neighbors’ plot, and the setback standards will no longer apply, since this is your plot. Or decide to move, sell this house, and the buyer will solve this problem himself: for example, demolish both residential buildings and make a lawn.

At the boundary

It is much more difficult to do everything correctly in the absence of a fence, that is, that very visible border. In this case, disputes arise regarding illegal structures located on the boundary.

Each of the owners considers the invisible border to be part of their plot, which makes it difficult to resolve subsequent conflicts. When one of the parties has irrefutable evidence that a neighbor is breaking the law, the opportunity arises:

1. Demand the immediate demolition of the building. In case of disagreement, it is possible to go to court. Such a measure will allow you to protect yourself from constant conflicts. Sometimes it comes to the point where forced reconstruction is carried out.
2. Building displacement. The so-called “partial demolition”, in which only part of the building is subject to removal: extensions or porch.

If illegal actions are detected, immediate legal action is recommended.

ATTENTION! If a neighbor built a house on the boundary and filed an application faster than you, the court will satisfy his demands and move the boundary one meter from the building, depriving you of ownership of this area.

Such a measure will be considered legal, since the specified meter is aimed at direct repair of the wall.

Is it possible to register a house if the land boundary is less than 3 meters 2021

At what distance from the fence and other buildings, high-voltage power lines and other communications a dwelling can be built is a question that requires a priority solution. Failure to comply with standards leads to legal conflicts with neighbors. To avoid such problems, you should familiarize yourself in advance with the legal requirements regarding the placement of residential buildings.

• the smaller the space from the house to the fence, the closer the gate, which is convenient in inclement weather;
• if the house is next to the road, road noise will be heard in it;
• a close border will not protect household members from prying eyes through the windows.

The easiest place to choose is for the one who first received permits and began construction. Then the second developer who came next will have to calculate the distance and take into account fire safety rules when constructing buildings.

The minimum distances to the border of a neighboring plot for a residential individual house located on a personal plot of land are regulated not only by the above-mentioned regulations. It is important to take into account here that the rights of the population regarding real estate are equally protected by law. When conflicts or other issues arise, articles of the Civil, Urban Planning and Land Code of the Russian Federation come to the rescue. For example, the Civil Code clearly states that the owner has the right to dispose of his land freely in accordance with its intended purpose, without causing damage to other persons. This is why minimum distance regulations are so important. For this purpose, the Code of Design and Construction Rules was approved.

Construction of an object on the boundary line can be carried out if the owner of the adjacent plot has given permission for such development. It is advisable to obtain the neighbor's approval for development in violation of the minimum permissible boundaries in writing, in order to avoid any further disagreements on this matter in the event that the neighbor changes his decision.

Therefore, when purchasing land, you need to calculate how this area will be used. Small plots have a number of disadvantages, for example, they do not allow the placement of all the necessary utility structures. The first difficulties for the owner arise already during the development of the project, since it is quite difficult to take into account all the nuances.

1. The distance from the house to the fence must be at least 3 m.
2. The distance between non-residential buildings and the fence is 1 m.
3. The fencing of the neighboring area to the bushes should be at least 1 m, and to the trees - from 2 to 4 meters.
4. The distance between the fence and the neighbor's bathhouse (sauna) is at least 8 m.
5. The toilet should be located no closer than 12 m from the residential building, and the shower or bath - 8 m.
6. Compost pit - 8 m from the house and 20 m from the well.
7. Buildings for livestock - 12 m, minimum.

Peaceful solution to the problem

First of all, try to reach a compromise with your neighbor through negotiations. You have the right to make a claim in writing.

Include the following information:

claims to a neighbor regarding the boundaries of a land plot free of charge in word format

• in the upper right corner, write the header of the document: full name of the claim maker and its addressee, also indicate the place of residence,
• describe the problematic situation and the violations committed, provide the relevant norms of civil law to confirm your legal position,
• define your basic requirements,
• indicate the period within which a response to the claim must be received (usually ten days). Please note that if there is no response within this period, you will contact law enforcement authorities,
• At the end, please sign and date the document.

Please note! Make a claim in two copies, keep one copy for yourself.

Is it possible to legalize a house if it is built closer than 3 meters from the fence

It is important to note that if the owner owns a plot that is part of a gardening non-profit partnership , then it will not be possible to register a residential building on such a plot.

In accordance with new changes to the law of 2021, penalties will be imposed on Rosreestr officials if they violate the rights of owners by missing deadlines, making mistakes or unreasonably refusing to accept documents.

• for citizens in the amount of 20,000 to 50,000 rubles or compulsory work for up to fifty hours;
• for individual entrepreneurs - from 20,000 to 50,000 rubles;
• for officials - from 20,000 to 50,000 rubles;
• for legal entities - from 100,000 to 300,000 rubles.

Now you have to do it, and here's why. The state has long wanted to take control not only of dachas and garden plots, but also of the houses built on them. It’s no joke - millions of residential buildings have been built on plots of land, for which citizens have not paid taxes for years, since they are not registered in any way and are completely absent from the cadastral map.

ATTENTION! Many owners do not know the exact boundaries of their possessions, because often land plots were inherited. That is why, before starting construction, it is recommended to contact cadastral engineers who take measurements.

This way you can determine acceptable zones for placing buildings and coordinate your decisions with other people. In other cases, when buying or selling real estate, the land surveying process is mandatory and is subject to a fee.

If the areas are separated by a fence, it becomes much easier to comply with the standards; there is no need to take measurements to clarify the boundaries.

However, the construction of buildings must comply with the basic standards of setback from the boundaries of the neighboring site. If the neighbor has given his consent to the construction, even if such a decision violates established standards, you can begin construction near the fence.

In this case, it is recommended to protect yourself and enter into a written construction agreement confirming such a right.

Neighbors built close to the fence, but you don’t agree with their actions? Announce your complaint to them, demanding the demolition of the building. If they do not take the necessary measures, feel free to file a lawsuit. The losing party will be forced to get rid of the building as soon as possible.

If you are the owner of a land plot and have documents confirming this, you need to go to court as quickly as possible. But this solution is not the only one; it is also worth paying attention to other options:

• It is possible to negotiate with the owner on the voluntary demolition of the building.
• Ask if the neighbor had an agreement with the previous owner. If you disagree with the decision of the previous owner, enter into a new agreement.
• If the occupied territory is of no practical use to you, try to sell it to a neighbor. Another person's actions are not always driven by greed. In some cases, your friend simply does not know that he is occupying someone else’s land.

When going to court, it is necessary to take into account the fact that during the proceedings in the case, the positions of the legislation that existed at the time of construction of the building will be taken into account. That is why it is necessary to inquire about the approximate start and end times of construction.

IMPORTANT! Going to court would be appropriate, even after several years; there is no statute of limitations on these issues.

Litigation is a difficult and painstaking process for which it is necessary to prepare in advance. There is a certain list of documents without which your application will have no force. These documents include:

1. Documents confirming ownership.
2. Cadastral plan. Compare the results of the plan and the results of the re-examination.
3. Statement of claim. The statement indicates the main complaint on which the case will be opened.

Going to court can be considered the most serious step. First, try to resolve the dispute peacefully; if such a step does not have any consequences, contact the administration with a primary complaint. But most often, unscrupulous neighbors take any action only after your decisive measures.

Violating the rights of another person entails certain consequences. A neighbor who erected a building near the boundaries of your site and at the same time violated the basic setback standards must:

• Demolish or change the building as soon as possible.
• Pay an administrative fine.
• Return his plot to the owner (if the building was built in complete violation of the boundaries).

The court will also pay attention to the evidence provided by witnesses. This data will make it possible to understand how long ago the building was built, whether there was a conflict between the two parties before, and whether a peace agreement was concluded between them, on the basis of which the plaintiff allowed construction on his site.

ATTENTION! Remember that if your case is successful, you will be reimbursed for all money spent on examinations and legal proceedings.

A typical mistake is the location of the building in unacceptable proximity to the neighboring property. Most often this happens as a result of incorrect calculations. For example, the distance from the house to the fence should be at least three meters.

If there is no fence, it may seem that this distance has been maintained, but later it turns out that this is not the case. What consequences are possible in such a situation? If the house has already been built, then you can be guided by the norms of Art. 301, 304 and 208 of the Civil Code of the Russian Federation.

According to these regulations, the owner has the right to demand the elimination of shortcomings and causes of violation of property rights.

In this case, the problem can be resolved peacefully or in court. There is no limitation period for cases of this nature.

Professional help

If you are faced with a refusal to issue a building permit and do not know how to resolve the situation, we will be happy to help you. The professional staff of our company have extensive experience in resolving such conflicts. We are not afraid of the most complex cases and are ready to provide professional assistance even to those clients who have already been refused by the local administration. You can read about the service here

Attend your first free consultation with leading specialists of our company tomorrow. Leave a request through our website, and we will call you back to schedule an appointment. After a detailed study of the documentation, a company representative will prepare an expert opinion on the prospects for issuing a construction permit in a particular case.

We accompany our clients at all stages of obtaining the necessary documentation to protect them from possible mistakes. Enormous experience in interacting with administrative structures allows us to quickly find a way out of the current situation and correct shortcomings previously made by the client or other specialist.

What are the dangers of numerous attempts to resolve the situation on your own? The lack of a minimum amount of specialized knowledge and all the necessary documentation leads the applicant to receive a refusal every time. As a result, you lose finances and an even more valuable resource called time. Interaction with professionals from our company will allow us to establish justice in record time, which is important for many of our clients. All about permission to build individual housing construction

Statistics of work carried out to obtain a construction permit in the period 2016-2018

Reviews from our clients

For this article, we selected several reviews from 2017-2018. Clients who contacted us after refusals to obtain a building permit:

Video on the topic: Nikitin “obtaining a construction permit throughout the country should take no more than a hundred days.” Andrey Nikitin, General Director of the Agency for Strategic Initiatives.

What to do if the neighbors built a house a meter from the fence?

Obviously, construction must be carried out in compliance with regulations. But what to do, where to complain if a neighbor built a house in close proximity to the fence? The first thing you need to find out is whether someone's consent to build a house was obtained in violation of the norms.

It is the owners who must give consent. Documents signed by someone other than the owner of the land will not have legal force.

Information on how much to retreat from the fence, from the streets, from neighboring plots and erected buildings during the construction of a house is contained in urban planning and norms and regulations (SNIPs, SanPins), and is also enshrined in the law on fire safety. These norms were developed back in the last century for the safety of citizens, when private property did not yet exist. Over time, taking into account the development and development of territories, the norms and rules have changed along with other land legislation. There are sets of rules that regulate the construction of buildings within the city (SP 30-102-99). There are rules that provide for the development and planning of summer cottages (SP 53.13330.2011). Along with these codes, Sanitary Rules were adopted, which indicate the permissible minimum distances from gas pipelines, farms, wastewater treatment plants to individual buildings (SanPin 2.2.1/2.1.1.1200-03), as well as requirements for fire safety clearances (123-FZ dated July 22, 2008 d.) Let's consider what rules and regulations regarding minimum setbacks from the boundaries of the site apply when building a house on country and garden plots in SNT.

There are cases when neighbors place their buildings close to the fence, snow rolls off their roofs onto the property, and the shadow blocks the light from the plants. How to deal with this? First, you should try to resolve disagreements with your neighbors amicably. Explain what exactly is stopping you and ask to eliminate the shortcomings. But, alas, sometimes it doesn’t work out that way. Then there are two options:

1. Filing a complaint with local authorities regarding non-compliance with urban planning standards. If, as a result of such an appeal, the problem cannot be solved, the most effective method remains - the court.
2. Statement of claim to the judicial authorities. However, when filing a complaint, keep in mind that neighbors may follow the principle and file a counterclaim - complaining about the location of your buildings.

In addition, court costs and expenses have not been waived. You must be prepared to spend money and time to defend your rights. Many standards are advisory in nature. Before going to court to protect your rights, you should competently draw up a statement of claim, and to do this, seek the help of a lawyer. All complaints must be substantiated and documented.

If your rights and legitimate interests are violated, you have the right to go to court under any circumstances (no matter how insignificant the offense committed against you may seem).

If during the construction of a neighboring house the setback standards established by law are not met, then contact the district administration to protect your rights. Based on your application, a commission must come to you, which includes land management specialists.

Ways to resolve the problem

So, it is much easier to prevent a controversial situation from arising than to win a trial. Construction is a long process, so there is plenty of time to come to an agreement with neighbors.

It is not always possible to immediately understand that a newly constructed facility will violate the interests of neighbors. However, once this has become clear, an attempt must be made to resolve the issue peacefully.

If your neighbor has already built his own house, you need to find out whether any of the co-owners of the land plot gave their consent in writing to such construction. If the document is missing, then you have the right to demand compensation from your neighbors for the damage caused.

Before starting the proceedings, make sure that you have all the documents on hand. You must have an extract from the Unified State Register of Real Estate confirming ownership, a technical plan and a boundary plan. If this does not happen, the neighbor has the right to demand land surveying.

In the process of carrying out boundary work, he can count on moving the boundaries a meter in your direction. It is likely that this requirement will be satisfied, since this meter is more important to him due to the presence of the building.

Peaceful solution to the problem

It is advisable to try to come to a compromise solution with your neighbors. If negotiations are successful, they must be formalized in writing.

Consent for the construction of a building is written arbitrarily. However, it is recommended to consult with a lawyer in order to draw up a competent document from the point of view of Russian legislation.

Judicial solution to the problem

If the problem cannot be resolved peacefully, then you will need to file a claim in a district court of general jurisdiction. You must first contact experts to obtain an opinion on non-compliance with urban planning standards.

When drawing up a claim, you must be guided by the provisions of Art. 131 Civil Code of the Russian Federation. If the document is not drawn up correctly, it will be returned to the plaintiff without consideration.

The statement of claim must include:

• name of the judicial authority;
• Full name, address and contact details of the plaintiff;
• Full name, address and contact details of the defendant;
• circumstances of violation of rights;
• what rights were violated with reference to legislative norms;
• claim to court;
• cost of claim;
• list of attached documents;
• date of application;
• plaintiff's signature with transcript.

The judge will decide whether to accept the claim within five working days. After this, a date will be set for the preliminary hearing and then the main hearing. Based on the results of the consideration of the case, a decision is made, which can be appealed to a higher court within 10 days.

How much distance should the neighbor's fence be from the house: 2021 standards

To obtain a building permit, consent from neighbors is certainly required, otherwise difficulties may arise with the completion of the construction of the facility, and often you will have to pay fines or completely demolish new structures.

Often structures have different projections, which include various canopies or protruding upper floors, loggias or other similar structures. They can stick out even more than 0.5 meters, and in such a situation, measurements must be taken from these elements.

• Full name of citizens who are owners of territories located next to each other;
• passport details of plot owners;
• addresses of their facilities;
• real estate documentation confirming their ownership;
• it is written down what dimensions the new house or outbuilding will have, as well as what number of floors is planned;
• the distance from the fence where the object will be erected is indicated;
• be sure to draw up a diagram of the site where construction is planned in order to understand exactly where on the territory the new house will be;
• the date of consent is set;
• At the end, both owners sign, and the signature is affixed with a transcript.

Making compromises is a good solution in many controversial situations. But you shouldn’t relax, as you need to be ready for any action.

Any gardener who begins construction on his plot of land is obliged to familiarize himself with the rules for their development. In this case, he will need to study the set of rules for planning the territories of gardening (dacha) associations of citizens from 2011.

The first ones are allowed mainly only from the side of the road with traffic. The installation of this type of fence is possible subject to obtaining the consent of the neighbors and the presence of a decision from the meeting of the gardening association.

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As you know, the construction of a residential building is a long process. If the first neighbor is just starting to build a house that will be located close to the fence, then you should act immediately. Since it will be much easier to make adjustments to the construction plan in the early stages, but when the house is already built, it is almost impossible to do this. As a result, the second neighbor will not only have his rights infringed, but also the level of comfort on his own private territory will decrease. If the building is located close to the fence and no written permission was given for this, then the plan for such a structure was not carried out correctly. In such a situation, it is necessary to find out whether any of the owners of the private plot gave written permission. It is also possible that one of the co-owners could have previously given verbal permission. But such permission has no legal force and the neighbor who built the house close to the fence will still have to compensate the injured party if:

In this situation, you should not go into conflict, as this will not lead to anything good. In addition, filing an application with the court is nothing more than additional expenses. It is best to resolve such issues before a conflict situation arises. Three points of instructions:

What to do under the New Law If the House Is Closer to 3 Meters from the Fence

When figuring out the norms for developing land plots for individual use, it is worth studying the legislative framework. Local authorities regulate the rules for placing a house on a SNiP site and establish requirements for the development of a land plot of individual housing construction. They determine construction standards in a particular region. Therefore, when looking at house designs and options for their placement, it is better to focus on options typical for the region .

The rules for the construction of a private house are established by SNiPs and GOSTs for construction. When creating a project, when building a house, you must be guided by SNiP 02/31/2001. For the construction of cottages in the country, it is worth following SNiP 02/30/97.

Individual housing construction must be carried out taking into account the provisions prescribed in the Town Planning Code. It is necessary to comply with established urban planning standards and requirements in terms of preserving the intended purpose of the land, norms for the development of populated areas, and compliance with the architectural plan of the city.

Having become the owner of land intended for individual housing construction, you need to find out the construction standards and understand how the procedure for planning and developing a private plot of individual housing construction takes place. It is necessary to find out what SNiP 2021 says about construction. After all, construction standards for developers are the main document.

When choosing sites for building a house, you should focus not only on the availability of communications. We must remember the established standards for building a house on an individual housing construction site. Look carefully to see if it is suitable for the construction of individual residential buildings.

The procedure for building a house on a plot of land is regulated by SNiP for construction. The standards for building a house on an individual housing construction site are based on the fact that at least 0.06 hectares are allocated for development. Focusing on the standards, they plan what the features of the construction of a residential building will be.

When planning and constructing individual residential buildings, you should remember what SNiPs say about safety. They describe all the site development standards and indicate the distance between buildings on neighboring plots of land.

The neighbor near whose fence the building will be located must be prepared for the following aspects:

• discomfort due to the small distance between the windows of the house;
• the risk of flooding a neighbor's property with sewage;
• a shadow will fall from the built house, interfering with the growth of garden and garden plants;
• the risk of losing part of the land when it is necessary to install a dividing fence between the house and the neighbor’s plot.

It is permissible to erect buildings in violation of the standards if the second participant confirms in writing his consent to the construction.

Homeowners are often interested in how far from the fence it is legal to build a house. The gap from the residential building and the fence should not be less than 3 m. This is illegal and inconvenient for the residents themselves. If you act according to the rules, no outside sounds will be heard, people will not see what the owners are doing. The gap will allow you to freely carry out repair work on the outside of the building.

Mostly, problems and controversial issues arise due to the distance from the house to the neighbor’s fence. Nowadays buildings with two or more floors are often erected. If they are located too close to the boundaries of a neighboring property, their shade will obscure trees and plants, which will negatively affect them.

When constructing a residential building in the center, you can harm your garden. There are areas the distance between which is very difficult to maintain according to SNiP standards. According to fire regulations, it must be at least 11 m, and the width of the area can be 20 m.

We do not violate the rights of neighbors or about planning rules in numbers

Let us remind you about the distances, the minimum values ​​of which to the neighboring plot must be observed when planning summer cottages in accordance with SP 53.13330.2011:

- at least 3 meters from the house and at least 6 meters from the windows of the living rooms of your house to the buildings on the neighboring site;

- at least 1 meter to the bathhouse, garage, barn and other buildings;

- at least 4 meters to structures where livestock or birds are kept;

- at least 1 meter for bushes, 2 meters for medium-sized trees and 4 meters for tall trees.

Distances to the boundaries of the neighboring plot are measured from the base or from the wall of the building, if the elements of the structure (porch, roof overhang, etc.) protrude no more than 50 cm from the plane of the wall. If more than 50 cm, then the distances are calculated from the protruding parts or their projection onto the ground.

NB ! The norms of the mentioned SP 53.13330.2011 do not apply in cases of individual housing construction. They need to be clarified at the level of local authorities.

Important points are also fire breaks, that is, a distance of at least 3 meters from the neighboring fence and at least 5 meters from the red lines (areas where power lines, roads, communication networks, etc. are located).

The norms of insolation or shading are 3 continuous hours during the spring-summer period or 3.5 hours of total duration.

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If controversial issues arise, it is better to ask permission from the owners of neighboring plots on paper. It is no exception that friendly relations sometimes end and the approved building becomes illegal. The paper will be proof of no violation of the law, even when the tenants change.

Conflict resolution

It all depends on when the neighbor becomes aware of violations by the second participant. So, if a person notices a violation during the construction stage, then it is necessary to immediately resolve the differences. It is easier to cancel construction at an early stage than to deal with the consequences later.

Most often it becomes known that the neighbor simply does not know about existing standards. Therefore, early indication of violation will prevent significant conflicts between participants. The second important point is checking the building permit, which contains a graphic image of the site and the location of the house in the future.

If the dispute cannot be resolved peacefully, you will have to file a claim in a civil court. The petition must contain a request to stop construction work and move the house further from the fence. The claim also describes a list of negative consequences that may occur for the applicant.

The claim must be supported by the following documents:

1. urban planning plan;
2. survey certificate;
3. expert conclusions containing indications of violations;
4. title documents for disputed areas.

Thus, the minimum distance to the fence should be three meters. It is possible to reduce the arrangement, but only by mutual consent of the participants.

The fence between areas should not lead to discomfort for people near it. The permitted height is affected by the type of fence:

• Mesh or lattice fence. The height will not exceed 1.5 m. There are areas where it is allowed to erect a fence up to 2.2 m;
• Solid fences. It is allowed to raise them by no more than 0.7 m. In a number of cities - up to 1.5 m. If this figure is exceeded, it is worth asking your neighbors for approval on paper. If a dispute arises, it will come in handy;
• Blank fence with translucent structures. The height of the fence is allowed to be up to 1.5 m. Permission from the owners of adjacent plots is not required.

Before you start building a house, study the requirements of urban planning legislation, including regarding compliance with distances between buildings. Despite the fact that every owner of a plot wants to build a building that is convenient for himself, it is necessary to respect the rights and interests of the owners of adjacent territories.

• your rights to the land plot must be legalized (availability of documents confirming ownership);
• a plot of land must be isolated on the basis of data from a geodetic organization (availability of a land survey plan);
• the fact of violation of the law by the neighbor in terms of non-compliance with indentations is documented (there are conclusions of the competent authorities);
• lack of agreement between you and your neighbor on the possibility of reducing the maximum permissible values ​​for the distances between objects.

When carrying out the calculation, protruding parts of the building are taken into account - bay windows, porches, covered terraces. If all construction measurements are not completed correctly, the neighbors may go to court and demand that the house be demolished.

The charter of the partnership may provide its own parameters regarding the material and height of the fence. A reservation is allowed that the plots may not be fenced at all. The maximum height of the SNT street fence should not be higher than 2.5 meters. The material of construction is not particularly important.

General points concerning the capabilities of owners of land and buildings, as well as the rules for the construction of buildings, are established by the Civil Code of the Russian Federation, the norms of the Land, Town Planning Code and Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”. Federal Law No. 221-FZ of July 24, 2007 “On Cadastral Activities” and other acts are important.

Let's sum it up

The legislator has established a minimum distance from the border of the site to buildings. If the rules are violated, the neighbor has the right to seek protection of his rights and even demand demolition or termination of construction. However, the courts do not always satisfy such requirements. To achieve results, you need to approach the issue as carefully as possible. An examination and systematic proof of violation of a number of norms will be required.

Read: What to do if neighbors refuse to sign the land surveying act?