Neighbors are raising their property: how to deal with it

Are neighbors prohibited from raising the property?

There is no prohibition on raising the level of the site in the current legislation. However, if water floods your area, you have the right to go to court. According to Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. You will have to conduct a construction and technical examination. The court may oblige the neighbor, in particular, to build a drainage ditch around his property.

In accordance with paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 and the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights” (hereinafter - resolution) by virtue of Articles 304, 305 of the Civil Code of the Russian Federation, a claim to eliminate violations of law not related to deprivation of possession is subject to satisfaction if the plaintiff proves that he is the owner or a person in possession of the property on the basis provided by law or agreement, and that the defendant's actions not related to deprivation of possession violate his property rights or legal possession. Such a claim must also be satisfied in the case where the plaintiff proves that there is a real threat of violation of his property rights or legal possession by the defendant.

What to do when the area is shaded due to a neighbor’s fault?

Often people come up with the problem that there is shading of the territory and the neighboring building. This issue is addressed in building rules 30-102-99. Shading or insolation of the territory depends on the number of storeys of the building:

for low-rise buildings, the standards are as follows: in spring and summer, direct sunlight should fall into the windows and onto the territory for a total of 3.5 hours per day or illuminate the territory for three hours;
in case of mixed buildings, sunlight should shine through the windows or onto the yard for at least 2.5 hours, etc.

The fence allows you not only to close yourself off from prying eyes, but also to create shade. This must be taken into account when constructing a high continuous fence.

The law proposes the following course of action:

Make every effort to solve this problem peacefully.
Send a notice demanding that the violation be corrected. It is better to send the notice by registered mail.
Write a complaint to the city or district administration.
Contact the land committee.
If this does not bring the desired result, the law allows you to go to court.

What is the procedure for raising the site?

There is such a document SP 53.13330.2011, this is an updated version of SNiP 30-02-97 (planning and development of sites).

This joint venture clearly states that “it is impossible to organize runoff (rain and melt water) onto a neighboring plot.” That is, if your neighbor did not violate all the rules of SNiPs (this and others) when raising the site, then he has the right to do so; there is no prohibition in the legislation on raising the site.

But if your area is flooded with water, this means that the SNiP (rules and regulations) were violated, otherwise you would not have been flooded. Then go to court (although you will have to pay for a construction and technical examination) there is almost a 100% guarantee that the court will be on your side, let it redo or completely eliminate the problem, for example, drainage at his expense, the court may oblige him to do this.

Currently, in accordance with paragraph 6.2.12 of the technical code of established practice 45-3.01-117-2008 (02250) “Urban planning. Areas of estate housing construction. Planning and development standards" work related to changing the natural topography of the area (filling of soil, cutting of soil) refers to the vertical planning of the territory and is the main element of improvement of the land plot being developed, which is carried out on the basis of design documentation, if the filling and cutting of soil will amount to more than 0.45 meters. Accordingly, adding 0.3-0.4 meters of soil is not a violation of current standards.

House windows facing the neighbor's yard

There are no laws that prohibit opening windows into someone else's yard. But according to the norms between the building and

the border of someone else's territory must be a certain distance. Alternatively, when the windows of a building look onto someone else’s yard, you can require them to be blocked or a green fence made. In this case, you can not only close yourself from the neighbors’ eyes, but also improve your territory.

According to the rules, it is necessary to obtain written permission from the owners of neighboring territories in order to place your windows on their territory. In this case, they should also meet halfway and allow them to somehow cover their windows. This can be done by planting shrubs. Written permission can help resolve conflict.

How to resist the neighbors who started this

Whatever the emotions, any actions in such cases must be consistent with the Law.
Namely, by acting within the limits of what is permitted, you can achieve the final result you require in the confrontation with your boorish neighbors. Many people associate the word “Law” with the word “bureaucracy,” but this is not so. Judicial practice in cases of flooding of land is quite rich; a clear algorithm for making decisions in favor of the injured party has already been developed. Before writing a statement of claim, you need to obtain two documents - an act on the fact of flooding of the site and a report on an independent assessment of the damage. The certificate of flooding of a land plot is authorized to be issued by: the village administration, the board of the dacha cooperative, the district commissioner and other government representatives in the locality. That is, this document is needed so that the court can see that flooding took place. This act is similar to a certificate of road accident, which is drawn up by the State Traffic Safety Inspectorate in the event of an accident, or a report of flooding of an apartment, which is issued by the DEZ in case of flooding of the premises.

An independent assessment of the damage caused to the land plot is needed to determine the cost of restoring the property to its original condition. As in the two above cases, an expert opinion on damage to a land plot is required to justify the cost of the claim to the court. A document expressing exactly the monetary amount of damage is prepared by an independent appraiser, who should be called to measure and photograph the extent of flooding of the summer cottage. The same damage assessment report is made when a neighbor has unauthorizedly moved a fence, dumped construction debris, broken a gate or broken trees.

How much does it cost to assess damage to a land plot?

The cost of the appraiser’s services depends on the specifics of the damage caused and is individual in nature. We cannot attach a table of prices to this article, as is the case with assessing damage after an apartment was flooded or as with assessing land as a single piece of suburban real estate. As a rule, the cost of damage assessment services on a site varies from 4,000 to 10,000 rubles. The exact cost of the services of an independent damage assessor depends on the specifics of the damage.

Damage can be caused not only to structures, but also specifically to the personal plot where these objects are located. Often there is a disrespectful attitude from neighbors in the area. Due to the irresponsible actions of neighbors or construction organizations, the land plot turns into a swamp or landfill, and a residential building, outbuildings, trees, shrubs, and planted plants are damaged.

What other fence parameters should be taken into account...

If you have purchased a plot of land and are planning to build houses and other structures, as well as planting trees and shrubs, then you should take into account not only the height of the fence but also the distance from the neighbor’s fence to your house, various buildings in the form of outbuildings, gazebos, garages, etc. About this We described in detail in the article: “Minimum setbacks from the boundaries of a land plot.” Since these parameters are of great importance when registering a house with Rosreestr. And by the way, if you haven’t built a fence, but are just planning, then you can use an accurate calculator to calculate the materials for the fence - huge functionality, a large selection of parameters.

Procedure for causing damage to land

The first thing to do is to document the fact of the damage caused. To do this, you need to contact the chairman of the horticultural non-profit partnership (SNT), the head of the settlement, the local authority or other government representative in the locality. The commission appointed by the manager must draw up an inspection report of the personal plot against flooding or other actions of neighbors. When drawing up the act, the victim must actively participate - give explanations and comments.

The second step will be to call a specialist to conduct an independent examination so that he can assess the damage to the site. An independent appraiser takes the necessary measurements, takes photographs of the extent of the damage caused and provides an expert opinion.

A report on the assessment of damage to the land plot and the actual cost of repair and construction work to restore the site will be required to apply to the court. With the help of the report, the victim will be able to justify in court the amount of monetary claims against the culprit. The cost of the appraiser’s services depends on the specific characteristics of the damage caused and is usually individual in nature.

To go to court, it is necessary to draw up a statement of claim with demands to recover from the culprit the amount of money indicated in the independent expert report. You should go to court with all three documents: an act of damage, an expert opinion and the statement of claim itself.

If it was not possible to reach an agreement with the owner of the adjacent plot peacefully, and your justified claim for compensation for damage was left unaddressed, submit a corresponding petition to the judicial authorities. During the consideration of the court case, an independent judicial examination will be appointed and, based on its results, the owner of the well will be obliged to compensate for the damage.

According to the requirements of civil legislation (Article 1064 of the Civil Code of the Russian Federation), damage caused to a citizen or his property is compensated in full by the guilty person.

At the same time, Article 151 of the Civil Code obliges a citizen who has caused moral harm, expressed in physical or moral suffering inflicted on the citizen, to compensate for the damage from these actions in the form of material compensation to the injured person.

The amount of monetary compensation for moral costs is influenced by the degree of guilt of the person who violated the rights of another citizen. At the same time, other aggravating circumstances of the case are also taken into account. When making a court decision to pay compensation, the consequences that occurred as a result of the moral suffering and the degree of damage are taken into account.

Within the framework of the provisions of Article 12 of the Civil Code of the Russian Federation, the injured person has the right to demand restoration of his rights in the following way: eliminate the circumstances that led to the violation of rights and establish the situation that existed before the unlawful actions.

Indentation standards

When purchasing a plot of land, it is recommended to carefully study the documents that indicate the exact area of the purchased property.

In some cases, the papers reflect immediate boundaries. This step will avoid subsequent conflicts during the construction of buildings.

If you are not sure that the boundaries of the site are indicated correctly, it is recommended to contact a special service to take measurements . After this, you will receive an accurate plan of the land and can begin construction. The legislation of the Russian Federation establishes special standards indicating how to build:

It is allowed to build sheds, bathhouses, garages, and plant low-growing trees and shrubs within three meters from the boundaries of the neighboring plot. In some cases, the construction of residential buildings is allowed if the distance from the fence of the neighboring plot to the nearest wall of the building is at least three meters.
It is allowed to erect buildings intended for keeping animals four meters from the boundaries of the neighboring plot. The same distance should be maintained from perennial trees.
Five or more meters from window openings, as well as administrative buildings and residential buildings in cases where there is a roadway or road for pedestrians nearby.

If a shrub or tree grows too close to your boundaries, you have the right to request that the plant be removed or moved.

Such measures are necessary for safety and comfort. But what if a neighbor breaks the rules? Is it possible to build a house or other structure closely?

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.

How to write a statement against a neighbor on a plot of land

Failure to take actions aimed at eliminating the consequences and compensating for damage caused by sewer flooding is an administrative offense. Consideration of these issues falls within the competence of district commissioners. If problems arise with sewage flooding from a neighboring site and the person responsible fails to take proper measures, write an appeal to the district police officer outlining all the details of the case.

Please pay attention to the fact that your application is officially registered, since in this case an administrative investigation will be opened into this fact.

After acceptance of the application and its corresponding registration, you must be given a document confirming the fact that the application was accepted for consideration (the date and time of acceptance, the full name of the person who accepted the application and registration number are indicated).

An appeal about the need to protect the rights violated by the actions of a neighbor is written to the local authorized inspector or to the head of the department of the internal affairs body. The submitted application is accompanied by documents proving the facts of the act committed (results of an independent examination, an inspection report of the flooding site drawn up by an employee of the local administration). At the same time, it would not be superfluous to attach written testimony to the application.

Where is it permitted to drill a well?

To provide people with clean drinking water, wells are drilled in the courtyards of private houses. When drilling a well near a neighbor's property, conflict situations often arise. If it is not possible to resolve this issue peacefully, then in order to figure out who is right and who is wrong, it is necessary to appoint an examination. If the owner of the territory agrees to drilling, it is better to obtain written permission from him. When the owner of the territory gives his written permission, this will serve as evidence if problems arise in the future.

According to Sanitary Standards No. 2.2.1/2.1.1.1200-03, when drilling a well, you must adhere to the following:

When drilling a well, you need to pay attention to the location of the sewer wells. The distance between them should be at least 20 m;
the distance from the walls of a neighbor’s house to a drinking water well must be at least 25 m.

Also, when drilling a well, you must not damage utility lines or cause any harm to the owners of neighboring territories.

Sample application for a neighbor

When contacting the district police officer, please provide the following information:

The name of the government body to which the application for restoration of violated rights is sent;
Full name and contact details of the person submitting the application;
A detailed statement of the situation that occurred, indicating the circumstances of the case and the actions that need to be taken to eliminate them;
References to the provisions of the legislation, the norms of which were violated by the guilty person;
Description of the actions that must be taken by the offender to eliminate the consequences of the incident;
Date and signature with transcript of the signature.

According to the requirements of the law, the application must indicate the contact information of the person applying for the protection of their rights. Otherwise, appeals, the authors of which are unknown, remain without response from government agencies.

A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal (Article 12 of the above Law).

What should you do when snow falls from your neighbor’s house onto someone else’s property?

The reason for ordering an examination may be snow that accumulates on neighboring buildings and then falls on someone else’s territory. Thus, it can harm not only the economy, but also people’s health. Wet snow is especially dangerous in such situations. There is no clause in the code that states that snow is harmful to the yard. Therefore, it is worth starting from the fact that the building was erected in violation of SP 42.13330.2011.

To avoid problems, you can advise owners of problematic buildings to remove snow from their roofs. To prevent neighbor's snow from bothering you, you can advise the owner to install snow guards on problematic buildings.

Application to court against a neighbor on the site

If for some reason it was not possible to resolve a conflict issue with your neighbors pre-trial, then file a statement of claim about the need to protect your rights and contact the judicial authorities.

Prepare two copies of the statement of claim, one of which should be sent to the court, and the other to the address of the citizen responsible for flooding your garden. When submitting an application, attach a document confirming that the application was sent to your neighbor (receipt receipt).

Please also attach the following documents to your application:

Confirmation of ownership of a land plot (certificate of ownership, purchase and sale agreement, certificate of inheritance, etc.);
Document confirming payment of the state fee for consideration of the application;
Passport for cadastral registration of a land plot;
A plan drawn up based on the results of land surveying;
Conclusion of an independent expert organization on the causes of the flooding and a reasoned explanation from the experts;
Responses to appeals about the need to suppress unlawful actions of a neighbor on a land plot sent by a local government body (in case of filing complaints with the municipality);
Photo and video materials confirming the negative consequences of the flooding of the garden;
Testimony from eyewitnesses (owners of neighboring plots).

Consideration of disputes with neighbors in court is subject to a state fee of 300 rubles. The approximate period of time required to consider such cases is two to three months from the date of filing the application. In some cases, due to the identification of complicating circumstances, this period may be extended.

Installing a fence between neighboring areas - where to start

Before installing a fence between neighbors, according to the law, it is necessary to mark the boundaries of the plots, otherwise misunderstandings may arise. To do this, you need to make a survey. If there is a boundary plan for the site, but the boundaries are not visually marked, then you should call a surveyor and order the boundaries to be taken out in kind. Once the exact boundaries have been determined - which means that the entire process of coordinating boundaries with neighbors has been completed - you can safely begin installing the fence. What should be the height of the fence between neighbors, what material should be used during construction, do you need to coordinate your fence with the neighbor of the adjacent plot? Let's look at all this from a legal point of view.

Bill on the rights of neighbors in an apartment building

The State Duma of the Russian Federation is currently considering a bill that has every right to be called “a new law on neighbors in an apartment building”

. Under number 963432-7, a document on amendments to the Housing Code of the Russian Federation was registered in the database of the State Duma of the Russian Federation. The authors propose to supplement the code with an article that directly sets out the obligations to respect the rights of neighbors in apartment buildings. The article number will be 17.1.

The bill was submitted to the State Duma of the Russian Federation by deputies of the lower chamber back in May 2020. Due to the pandemic, legislative activity was mainly devoted to the development and approval of social support measures, but now legislators have gotten around to this document. On June 8, 2021, the bill was adopted in the first reading. The most important stage in the passage of the law in the State Duma of the Russian Federation is the second reading, during which proposed amendments to it are considered. Thus, the text of the bill may still change.

What is the difference between the rights of neighbors in apartment buildings and the private sector?

Living conditions in an apartment building and the private sector are different. Although maintaining peace and cleanliness is important in both settings, the principles for achieving and enforcing these fundamental rights are different. In addition, in the private sector, the correct use of the land on which the house is located is of particular importance. Therefore, the legislation for apartment houses and the honest sector regarding the rights of neighbors is different.

This is also why the law on protecting the rights of neighbors cannot be uniform.

Source: RBC Real Estate

Together with lawyers and parliamentarians, we are figuring out what will change for summer residents and whether this will be able to resolve the accumulated disputes. Relations between neighbors on land plots will be regulated by law.
We are talking about the level of noise, smoke from the neighboring area, as well as structures that can cast a shadow on the neighboring territory. The rights of neighbors in dacha plots will be enshrined in new amendments to the Civil Code. The head of the Duma Committee on State Construction and Legislation, Pavel Krasheninnikov, spoke about this in an interview with Rossiyskaya Gazeta. Together with lawyers and parliamentarians, we are figuring out what will change for summer residents and whether this will be able to resolve the accumulated disputes. Main points
The new block of amendments will spell out in detail the neighboring rights of summer residents.
They mean reasonable restrictions that the owner of a land plot must endure in the interests of neighbors. According to Pavel Krasheninnikov, a general principle applies here: my rights end where the rights of others begin. Respect from neighbors must be mutual. The bill introduces the concept of a “single object” - a country house and a plot of land. According to the draft law, the owner of a land plot must “suffer the effects of gases, vapors, odors, smoke, soot, heat, noise, vibration and other similar effects emanating from a neighboring land plot, if it does not affect the use of his land plot or affects his use is such an influence that does not exceed the established standards.” If, nevertheless, the norms are exceeded, then the owner of the land plot has the right to demand the elimination of obstacles in the use of his land plot. Planting plants and trees on your site must be done in such a way as not to worsen the condition of the neighboring site or disrupt the stability of the buildings or structures located on it. If a summer resident is going to build a well or install a sewer system, then this should also be done without harming the neighbors. It is also prohibited to build tall structures that could cast a shadow on the neighboring site. “You cannot plunge your neighbor’s land into eternal darkness by building a skyscraper on your own,” the parliamentarian clarified. If the rule is violated, the building will have to be demolished. The amendments will even regulate the issue of who has the right to collect tree fruits that have fallen on a neighboring plot. This issue can be resolved within the framework of the agreement. How is the issue regulated now
? Currently, the legal regulation of relationships between neighbors in the countryside occurs on the basis of a whole set of norms of federal legislation.
These are the Land Code, Civil Code, Town Planning Code, Federal Law “On Subsoil”, various SNIPs and SANPINs, numerous by-laws. Also in 2012, a draft of large-scale amendments to the Civil Code of the Russian Federation was introduced, one of the blocks concerns neighbor relations. The goal was an extensive modernization of civil legislation on the basis of emerging judicial practice and law enforcement, said Dmitry Uvarov, a member of the Russian Lawyers Association (RLA), partner of Leges Bureau. There is no separate document that would regulate the relations of neighbors in the dacha. “For example, according to the existing set of rules for “urban planning, planning and development of urban and rural settlements”, the minimum distance from a residential building to the boundaries of a neighboring plot is 3 m, to a building where domestic game or livestock is kept - 4 m, the same to tall trees,” added lawyer Oksana Komarova. Often a tree on a neighbor's property or a roof from which melting snow falls to a neighbor become the subject of controversy. Sometimes it goes to court. Neighborhood disputes are currently resolved through negotiations, and if agreements are not reached, in court, said Olga Balbek, deputy head of legal issues at Miel-Network of Real Estate Offices. According to her, scandals between neighbors are not decreasing. They appear again due to a change of owners. For example, a neighbor’s apple tree was overhanging the property, and the owner was happy with it. He sold his property - and the new owner was unhappy that there were branches of someone else’s apple tree on his land. The proceedings begin. There are quite a lot of such examples. “Most of the court cases are related to the location of the boundaries of a land plot; disputes arise due to the overlap of boundaries. Every year, several tens of thousands of such claims are received by the judicial authorities. This is the main type of dispute,” Balbek noted. Resolving conflicts will become easier
According to lawyers, the upcoming amendments are really necessary; they can resolve disputes between neighbors.
“If previously neighbors had to turn to the competent administrative bodies, which do not always effectively and timely protect violated rights, now citizens will be able to go to court on their own and, based on the principle of adversarial law, will try to prove the legality and validity of their claims,” said Dmitry Uvarov from AUR . The more detailed the legislator resolves issues between land owners, the easier it will be to resolve disputes between neighbors. Both at the negotiating table and in the courts, added Olga Balbek from Miel. It is also worth understanding that for now we are talking about a draft document and many wordings may be excluded from the final text of the amendments. According to Oksana Komarova, the points that relate to the collection of tree fruits and noise levels are unnecessary. “The distances between trees and plots of neighboring land, as well as violation of silence, were previously regulated by law. Now the established hard-to-prove noise threshold of 30 dB will only bring further reasons for disputes and appeals to the courts.” But there will be more disputes
The very fact of adoption of the amendments will not stop existing disputes and may even increase their number.
There is a possibility that the new amendments will lead to an increase in the number of disputes, says Olga Balbek. “In practice, there have already been situations when one neighbor could not sue because he was not registered. Now he will have such a right, and he will go to defend his interests in court,” she explained. Disputes with neighbors will become more frequent, agreed Oksana Komarova. However, such conflicts will take on a legal nature rather than traditional undiplomatic debates. In addition, this will simplify the court’s study of the case materials, since previously conflicts between neighbors of private sectors were not regulated by law. At the same time, if the amendments are adopted, the load on the courts will increase. “Perhaps a whole pool of law firms will emerge that specialize in this type of dispute. The demand for the services of experts with special knowledge in this kind of matters will increase,” Dmitry Uvarov does not rule out. An important task for lawyers and jurists in this case will be to correctly pose questions to experts. Expert opinions will be of fundamental and determining importance when resolving such disputes in court. What do representatives of summer residents think?
Official representatives of summer residents support the amendments.
It has become necessary to turn to the legal institution “neighborhood law”, since many legal conflicts have accumulated that arise between the owners of neighboring land plots, and at the same time, we do not have proper legal regulation of neighborly relations, said Oleg Valenchuk, deputy of the State Duma of the Russian Federation, Chairman of the Union of Gardeners of Russia. The need to streamline judicial practice arose a long time ago, agreed the first deputy chairman of the Moscow Regional Duma, chairman of the Union of Summer Residents of the Moscow Region Nikita Chaplin. In many SNT the rules were not followed, as a result of which houses are located closer than 3 m from the boundaries of the plots, and the compost pit is closer than 8 m from the neighbor’s well. In old SNT, the problem of tall trees is very pressing: in addition to shading the neighboring area, there is a danger of the tree falling. In Russian legislation, the sphere of “neighborhood law” is today actually regulated by the courts. There is no special regulation for such disputes. “Our courts are loaded with disputes between neighbors. One typical example is a dispute over the demolition of a neighbor’s building. There is also a frequent dispute about “neighborhood rights” when snow falls from the roof of a neighbor’s barn or bathhouse in winter. In this case, the judicial prospects are better, but it is necessary to demand not the demolition of the building, but the refurbishment of the roof so that snow and rain do not fall on the applicant’s neighbor’s property,” said Oleg Valenchuk. Important innovations
The introduction of the provisions of “neighbor law” into the current legislation will have a positive impact on the regulation of disputes between neighbors and will significantly reduce the burden on the judicial system, believes the chairman of the Union of Gardeners of Russia.
“The transition proposed by the amendments from the principle of “single fate of land plots and objects located on them” to the concept of a single object is especially important. If the amendments are adopted, then the site and the building erected on it will have a single cadastral number,” he noted. The bill proposes a novelty regarding the definition of “neighboring areas,” continued Nikita Chaplin. “Now, even in the absence of a common border, it will be easier for the owner of the site to prove that his rights have been violated as a result, for example, of the operation of an industrial sawmill in the private sector, which exceeds the permissible noise level in all areas within a radius of 50 m, and not just neighboring ones. Or if, as a result of the construction of a hotel across the road from SNT, which is a violation of the type of permitted use of the land, land owners are forced to pay more for garbage and repair roads at their own expense,” he explained. “For the purpose of establishing restrictions on property rights, adjacent land plots are recognized as land plots, both adjoining and not adjoining each other, if the consequences of the use (exploitation) of one of the plots affect the use of the other plot.” According to the chairman of the Union of Summer Residents of the Moscow Region, all provisions are realistic, with the exception of the construction of wells on private plots: it is almost impossible to prove that because of a new well a neighbor has no water in his well. “In essence, the provisions on “neighborhood law” will streamline the existing judicial practice and make it possible for conscientious summer residents and land users to more effectively protect their rights. Therefore, a quarrelsome neighbor who simply wants to complicate the life of another does not have any advantages with the adoption of this bill,” he concluded. Work on amendments
The amendments themselves are a continuation of the large-scale reform of the Civil Code, initiated by the president back in 2012. The amendments were divided into 11 blocks - separate bills. Nine of them have already been adopted and entered into force. The tenth block is a bill modernizing the norms of the Civil Code of the Russian Federation on property rights, including those relating to relationships between neighbors. Throughout last year, the bill was prepared for the second reading. Its preparation was carried out by a working group led by Doctor of Law, Professor Vasily Vitryansky. The document will undergo public discussion throughout this year. It is planned to submit it for second reading no earlier than 2021.

Tags: dacha, real estate, legislation, 2020

Contents of the new law on neighbors in the MKD

What provisions will be in the new art. 17.1 LC RF (if the bill is adopted):

The owner of an apartment, room or non-residential premises is obliged to ensure that the rights and interests of neighbors are respected. These rights include: maintaining silence at night, observing fire safety rules, and sanitary and hygienic standards. This means that the owner must comply with the rules of use established by federal and local laws;
the owner is responsible not only for himself, but also for all persons admitted to his premises;
persons admitted by the owner to the premises are all citizens who are in it;
Disturbing the silence at night is prohibited. What time is considered night (that is, a specific time interval) is determined by the authorities of each subject of the Russian Federation independently;
the bill states that on the part of the owner, all actions performed on the premises that result in sound or vibration that is clearly audible or felt outside the premises are considered violations of silence;
sounds from normal human activity (crying of a child, the sound of engineering systems or footsteps), as well as from rescue and emergency operations, are not a violation of silence;
If repair work is necessary, the owner must notify about it by posting a notice in publicly accessible places.

Systematic violation of these obligations (two or more times a month) is grounds for administrative liability.