Most people mistakenly believe that since trees grow on their own property, they can dispose of them at their own discretion. This opinion is true only in relation to fruit trees and shrubs on the territory of holiday villages.
If a fruit tree has died or is infested with parasites and poses a danger to other green spaces, it can be cut down without special permission. But if we are talking about maple, linden, oak, spruce and other perennial trees growing on your land, you will have to issue special documents permitting cutting.
Even if these trees were planted personally by the owner of the site.
Can they be punished for cutting down trees and to what extent?
According to Russian laws, cutting down green areas without permission is illegal and considered an environmental crime. Usually such cases are considered as administrative, and in cases of large-scale deforestation, they can even be considered criminal.
Responsibility is provided not only for sleeping. The same applies to crowning (removing unnecessary branches in large quantities, not to be confused with simple pruning). According to current legislation, this can only be done with special permission.
Who to contact
Any tree felling automatically becomes illegal if it is carried out by persons who do not have the appropriate permit. Only certified arborists have the right to cut down emergency trees, as well as pruning and crowning, so your future contractor must have a license and documents confirming the admission of workers.
Our company has been working with trees for more than 10 years throughout the Moscow region and Moscow. Our work can be viewed on the website in the “portfolio” section. You can get prices for tree removal, calculation of the cost of additional services and free consultation on legal issues by simply calling us at: +7
How to get permission? If you are the owner
There are some Russian regions in which owners of private households, at the municipal level, are allowed to independently dispose of everything that grows on their plots. This information can be found in the rules for the maintenance and protection of green spaces in a particular locality or area.
Even if you know in advance that this is the case, before cutting down trees you should definitely check whether any amendments or changes have been recently made to local legislation. It may happen that the laws have changed, and then responsibility for illegal cutting falls entirely on the shoulders of the landowner.
Experts recommend, in any case, to apply for an official document, thereby protecting yourself. If it is not needed, you will simply be given a refusal (ask in writing and keep it). This will protect your rightness in case of claims from neighbors or regulatory organizations.
Where can I get permission to cut down?
If, based on the results of the request, it turns out that permission is required, you will have to collect the necessary documents and contact the appropriate organization. It could be:
- locality administration;
- executive committee;
- Department of Natural Resources, etc.
As such, there is no single service for control over tree cutting; they can be different in each territory.
Regulations
Despite the fact that many issues that will relate to the cutting down of trees are regulated at the regional level, and there is responsibility for violations committed:
- In Art. No. 260 of the Criminal Code of the Russian Federation.
- In Art. No. 8.28 of the Code of Administrative Offenses (CAO) of the Russian Federation.
The documents apply to all cases of illegal cutting or felling of trees, that is, done without obtaining permits from the city administration, and it turns out that the fine is not for the process or action itself, but for the lack of special permission. Moreover, Article No. 261 of the Criminal Code of the Russian Federation provides for fines, even if the tree was not cut down, but damaged by any method, which will lead to its growth stop.
What will determine the severity of the punishment?
Please note that Art. No. 8.28 of the Code of Administrative Offenses will only apply if the price of wood separated from the ground is no more than 5,000 rubles. In this case, you should take into account such properties of the plant as:
Diameter.- Height.
- Age.
- Breed.
Please note that the species will influence the unit price of the finished tree, and by age they will know to what extent the tree has reached the required condition, and therefore the younger the plant, the lower the unit cost will be.
The diameter and height of the tree are used to determine the volume, because the unit cost will be calculated in rubles for each cubic meter. The unit price is set every year, but in the event of a sharp jump in this parameter on the world market, there may be more frequent recalculation. The same parameters, including unit cost, are used even when calculating expenses in order to obtain permission for sawing/cutting.
How is the amount of damage calculated?
The specific amount of the fine will depend on the damage caused to natural resources. Art. No. 8.28 of the Code of Administrative Offenses will apply to situations with minor natural damage, that is, if the price of land separated from a tree is no more than 5,000 rubles, then it is insignificant. If the price of felled trees is from 5,000 to 50,000 rubles, then the damage is considered significant and falls under the first part of Art. No. 260 of the Criminal Code of the Russian Federation. If the damage is from 50,000 to 150,000 rubles, then it will be considered major, and therefore the second part of Art. No. 260 of the Criminal Code of the Russian Federation. It also applies if major damage is caused as part of a group or through the use of one’s official position. If the damage exceeds 150,000 rubles, then it is recognized as particularly large, and if this is done by prior agreement, the third part of Art. No. 260 of the Criminal Code of the Russian Federation. This gradation of degrees of damage is described in Art. No. 260 of the Criminal Code of the Russian Federation.
Amounts of fines and other types of punishments?
What can be the fine for cutting down a tree? We made a table that included:
- The amount of damage caused.
- The amount of penalties without aggravating circumstances.
- Aggravated fine and full description.
- Other types of punishments that are not related to imprisonment.
- Arrest.
| Amount of damage caused | Amount of penalties without taking into account aggravating circumstances, in rubles | Fine taking into account aggravating circumstances, description, in rubles | Other types of punishment that are associated with imprisonment | Total imprisonment |
| Small | Citizens from 3,000 to 4,000 rubles, officials from 20,000 to 40,000 rubles, legal entities from 200,000 to 300,000 | Using mechanisms (which are not subject to criminal punishment), citizens from 4,000 to 5,000 rubles, officials from 40,000 to 50,000 rubles, legal entities from 300,000 to 500,000 + confiscation of instruments through which the offense was committed | ||
| Significant | Up to 500,000 rubles or in the amount of salary/income for up to 3 years | In a group or using official position, the fine will be from 500,000 to 1 million rubles or in the amount of salary/income for 1.5-2 years with a ban on holding certain positions for up to 3 years | Up to 480 hours of community service, up to 2 years of correctional labor with a fine of 100 to 200 thousand rubles or in the amount of income/salary for 1-1.5 and it will be impossible to hold some positions for up to 3 years. | Up to 2 years and a fine of 100,000 rubles to 200,000 rubles or in the amount of salary/income for 1-1.5 and it will not be possible to hold some positions for up to 3 years. |
| Big | From 500,000 to 1 million rubles, or in the amount of salary/income for 1.5-2 years and it will not be possible to hold some positions for up to 3 years. | By an organized group for early conspiracy, a fine of 1 to 3 million rubles, or in the amount of income/salary for 4-5 years, up to 5 years of forced correctional labor in the amount of salary/income for 2-3 years, and it will not be possible to hold some positions for up to 3 years . | Up to 4 years and a fine of 150,000 to 300,000 rubles or in the amount of salary/income for 1.5-2 years with a ban on holding certain positions for up to 3 years. | |
| Extra large | From 1,000 to 3,000 rubles, or in the amount of salary/income for 4-5 years. | Up to 5 years of forced correctional labor with a fine of 300,000 to 500,000 rubles or in the amount of income/salary for 2-3 years and it will be impossible to hold some positions for up to 3 years. | Up to 7 years and a fine of 150,000 to 300,000 rubles or in the amount of salary/income for 2-3 years and it will not be possible to hold some positions for up to 3 years. |
If the tree is on public property
Most of the difficulties are caused by green spaces located on public land, which belongs to the state. In populated areas, cutting down forests for the purpose of logging is strictly prohibited.
In such cases, a logging ticket can be obtained only for three reasons:
- Trees and bushes have grown and partially obstruct or block the passage;
- The plant has already died or been damaged and is considered hazardous. Its fall can cause harm to human life, can damage communication and power lines, and threatens to damage buildings;
- If an overgrown tree interferes with the ability to lay new communications.
Landscaping workers make a conclusion about a tree's unsafe condition based on a number of established signs, and in general this is the easiest way to obtain permission to cut down.
Summarizing
If you plan to fell or cut a tree yourself, you should definitely watch videos of how professionals do it. Safety comes first. The main risk factor when sawing trees at height is a chainsaw . It must be constantly monitored and monitored so as not to cut the safety rope.
When felling an entire tree from the ground, you need to think in advance about where to run back if something goes wrong. You also need to remove anything that could cause you to trip over it, and protect the area from possible onlookers. The easiest way to cut down living trees. In some cases, a dried tree can only be cut down using special equipment.
There is a topic on the portal that tells you how to legally cut down trees and how to cut down trees correctly.
We also recommend articles on how to survive on a site while there is no home, how to organize the life of workers during construction, and how to dig a pit for the basement floor.
The video shows how to choose a chainsaw depending on the tasks at hand.
If a tree interferes with the construction of communications
To obtain a felling permit for the construction of new communications, you will need to provide a package of documents including:
- technical documentation for the building;
- conclusion on the degree of wear (if outdated pipes are being replaced);
- area inspection report;
- project for installing new communications.
No matter how strange it may sound, trees have a higher priority for the commission than the construction of communications. When considering this request, the commission will take into account any possible options for preserving green spaces. And if such solutions are not found, the owner will be given a logging ticket.
In addition, the permit is usually issued under certain conditions, according to which the contractor, after completion of the work, is obliged to tidy up the territory and landscape it.
What to do
If you notice that a tree is being cut down in your yard, find out why - you have the right to do so. For example, an electrician may cut down branches if they pose a threat to power lines. Energy supply companies do this periodically and have permission to do so. They don't need your consent, even if the plant is on your property.
Photo: freepik.com/massonstock
Unfortunately, sometimes residents of a house pretend to be electricians and cut branches without permission because they create a shadow or are blowing against the window from the wind. It is illegal
Pay attention to whether there are wires running there. Moreover, only professional pruning and tree removal services can engage in such cutting.
This is a dangerous procedure that requires skills and special equipment.
Call the city administration or police. Ask to check the logging ticket. There is no need to be afraid; there will be no liability for a false call. On the contrary, you will help prevent crime.
Example. Nikolai was tired of the tree blocking his view. The man lives on the 4th floor and decided to cut down the branches himself, leaning out of the window. He coped with this task easily. Only the cut branches fell on parked cars. Car owners, hearing the alarm, ran into the yard. They called the police, recorded the incident and filed a lawsuit demanding payment for the replacement of windshields, repairs and painting of the roof and hood. The judge granted the claim and, in addition, imposed an administrative fine on the man. The punishment could also be criminal if people were injured by falling branches, or the value of the cut wood was assessed as damage on a large scale.
If it turns out that there is no logging ticket to remove branches or cut down a tree, then the authorities must take action and immediately go to the crime scene. And while they are driving, it will be useful to film the process with a photo or video camera. Upon arrival, the district police officer will check the documents and, when he is convinced that there was no reason to remove the tree, will draw up a report on the administrative violation.
The private sector needs to do the same and as soon as possible. Here the responsibility falls on the owner of the land on which the tree grew. A common situation. You had a fight with your neighbor because your spruce tree is disturbing him, creating a shadow - nothing grows in the garden. The plant has ancestral value, so you refuse to remove it. Then the disgruntled man secretly calls a felling crew, who will illegally cut down the tree while you are away from home. By chance it falls on another neighbor's fence and breaks it.
Photo: pixabay @beckysmith62
At first glance, the fault lies with you because the tree stood on your property, and the owner of the fence will demand compensation for the damage. Call the police as soon as possible to report the unauthorized cutting down of a tree. The district police officer will figure out which company cut the plant, and then find out who ordered the service from it. At the same time, they will interview witnesses and record the facts in documents that can be used in court to prove their innocence.
From the editor! If your trees pose a threat or grow illegally, your neighbors have the right to force them to be cut down through the courts.
Should I cut it myself or order cutting through a company?
When all permits have been received, an equally important question remains to be resolved: do the work yourself or delegate the task to professionals?
Of course, if you have a chainsaw, cutting down an unnecessary tree seems simple, and most importantly, free. However, the decision to save money can result in serious damage not only to neighboring buildings, power lines located in the fall field, but to human life and health.
Working with a chainsaw for an untrained person is a fairly common cause of injury and injury. In addition, without experience, it is quite difficult to set the trunk in the desired direction of fall, and the larger the tree, the greater the danger.
In addition, to cut down some mature, large trees you may need:
- special lifting equipment;
- winch and cables;
- special cutters for uprooting stumps;
- and even climbing equipment.
Therefore, it is better to weigh all the associated risks and difficulties in advance. And if there is an objective need, trust a company specializing in such work.
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Where to contact
Tree cutting in the courtyard of an apartment building is carried out by a specialized agency hired by the Management Company. An application for sawing is submitted to the management company of the apartment building or to the chairman of the HOA.
It is drawn up in free form, but it must contain the following data:
- data of the management company or HOA;
- Full name of the applicant;
- bases for cutting down plantings;
- requirements for the institution to which the application is submitted;
- date and signature.
The most important part of the treatment is the cutting base. This may be an emergency condition, the threat of a tree falling, an incorrect location that contradicts SNiP, or an overgrown crown that prevents insolation
A response to an application is usually received within 10 days. During this time, cutting down must be agreed upon with the city improvement department.
If this period of time has expired and the cutting has not been made, then the applicant has the right to appeal to higher authorities:
- district administration;
- City Administration;
- prosecutor's office;
- management of housing and communal services and improvement.
Price
So how much does it cost to cut down a tree in the yard of a residential building? The cost can be found out from the management company. It is determined by the management company and the company that will do the cutting.
The price of the cut will be included in the maintenance of the common property. The applicant does not have to pay anything additional.
If a tree is cut down on the territory of a multi-storey residential building, then the cost of this service is distributed among all apartment owners. It will be included in payment receipts.
For example, in Moscow, cutting down and removing one tree can cost either 700 rubles or 40 thousand rubles.
