Federal program: Improvement of courtyards 2021 (yard areas). Questions and answers

For the improvement and development of the infrastructure of local areas, public places intended for recreation in cities and towns, funds are usually not allocated from local budgets or are provided on a residual basis. In accordance with the law, residents themselves are responsible for the condition of areas near apartment buildings. The funds they collect first go towards urgent needs for home repairs and renovations. The remaining small amounts may only be enough to paint benches or other minor work.

Based on this state of affairs, there is a terrible state of local areas and public recreation areas in the vast majority of settlements. To facilitate the solution of this problem at the local level, in 2021 a project was created and approved at the federal level to create a comfortable urban environment .

What is the essence of the courtyard improvement project?

The project was developed as an integral part of the state program of the Russian Federation “Providing affordable and comfortable housing and utilities to citizens of the Russian Federation.” It was approved by the Resolution of the Cabinet of Ministers of the Russian Federation dated December 30, 2017 (No. 1710).

In the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation, signed on March 18, 2018. No. 162/pr, methodological recommendations for local governments were approved. The goal is to assist in carrying out activities in accordance with the program of human settlements of the country.

Indicators related to the implementation of the program are updated every year. The ambitious project in the period 2019–2024 provides for the improvement of 31 thousand public areas. This should increase the urban environmental quality index by 30 percent. It is expected that the share of residents participating in the project will increase to 30%.

For the specified period of program activities, it is planned to allocate federal budget funds in the amount of 269.3 billion rubles. They will be increased by adding 29.3 billion rubles from the consolidated budgets of the Russian Federation.

The funds are distributed as follows: amounts from the federal budget are transferred to the constituent entities of the Russian Federation. At the local level, they are supplemented by planned contributions, and a decision is made to finance certain cities and districts. Settlements with a population of more than 1 thousand people can participate in the project.

The initiative for repairs, landscaping, and improvement of areas near apartment buildings should come from residents . At a general meeting, they decide what exactly needs to be updated, repaired, and installed in the yard. They develop a project (prepare a drawing) of the future local area with all the objects drawn. They approve the improvement plan by decision of the general meeting and submit an application to the municipal authorities.

The deadline for submitting an application is until September of the current year . If the documents are properly completed and there is a reasoned justification for carrying out the planned improvement activities, the yard will be included in the financing program for the next year. That is, if the application is submitted before September 2021, then funds for repair, construction and improvement work will be allocated in 2021.

Fine for causing damage to amenities

Unfortunately, landscaping of the yard often suffers from human hands. Most of the actions involve damage to objects in the local area - benches, playgrounds, fences and plants in the yard, as well as demolition, movement, removal and improper maintenance of the yard. Unauthorized installation of billboards, storage of waste, and unauthorized installation of barriers are often carried out.

The main legal act in this case is the Code of Administrative Offenses - articles , , , , , and others. Regardless of the content of the offense, punishment is provided in the form of a fine:

• for individuals – from 300 to 5000 rubles;
• for officials – from 1000 to 10,000 rubles;
• for legal entities – from 5,000 to 100,000 rubles.

Thus, the maintenance of the local area also includes the punishment of pests.

Rules for landscaping areas participating in projects

Based on the provisions of the order of the Ministry of Construction and Housing and Communal Services, improvement work is divided into two groups:

1. The minimum type of work is paid from the Federal program. The state finances the repair of roads and driveways in courtyards, the installation of garbage containers, trash cans, benches, and the installation of modern area lighting systems.
2. Funds from the local budget are allocated for additional improvement, and money collected by citizens living in this yard is also transferred. These types of work include installing a children's playground, creating a comfortable resting place for adults, designating and fencing an area for walking pets. In the plan of additional activities, residents can include the installation of parking spaces or parking inside the yard, as well as all landscaping activities (planting trees and bushes, planting flower beds).

The form and extent to which citizens will participate in the implementation of planned activities is determined by the decision of the relevant local administration bodies in each locality. For example, in the city of Irkutsk, residents take an active part in improving their own yard during cleanup days. The Samara city authorities decided that citizens need to contribute 1% of the amount of funds provided for additional types of work. This amount can be taken from funds transferred by residents to the management company account.

That is, co-financing for the implementation of the improvement program is provided from three sources: the federal, municipal budget and funds from citizens. To the question “is it legal to collect funds from residents for landscaping the yard in accordance with the federal program,” it is worth answering unequivocally, yes, it is legal. Only the degree of participation in joint financing for additional types of work is determined at the municipal level.

Residential area of ​​the apartment building: what is it and who owns it?

Adjacent territory is a clearly defined plot of land located near an apartment building and belonging to common property. The zone includes many elements: a platform, parking, fencing, green spaces, and so on.

As a rule, a yard improvement project includes not only organization, but also maintenance of the territory:

• the plot of land on which the house is located;
• landscaping elements (trees, shrubs, lawns, flower beds);
• transformer substation;
• children's and sports grounds;
• parking;
• fire passage.

This list is not exhaustive; other facilities necessary for the comfortable living of residents may be included.

Find out how the common property of an apartment building is maintained.

What yards are not accepted to participate in the program?

The decision to include a yard in the project is made at the budget level. In accordance with the terms of the project, the following list of restrictions has been established:

• if there are emergency buildings in close proximity to the yard that are subject to demolition during this period;
• when carrying out repairs or replacement of utilities running through the yard planned for a given year;
• if new buildings have been erected in the areas adjacent to the yard, in which the warranty period has expired upon commissioning;
• in the case when the types of work that the residents planned to carry out were already carried out at the expense of the local budget

It is recommended that you check with your municipality in advance about these restrictions.

Who pays for the work?

Government Decree No. 491, namely Section III, regulates the issue of payment for the maintenance of apartment buildings, which includes home improvement. According to this legislative act, the owners of MKD apartments must pay the costs. As a rule, if the apartment is municipal, then the owner, i.e. the state may include expenses in the rent for residential premises.

Payment is made in the form of monthly installments. This may be reflected in the receipt in different ways, for example, the contents of the apartment building or the maintenance of the local area.

We talked about contributions for major repairs here.

Rights of residents when accepting work performed in accordance with the Program

As noted above, the initiative to include the courtyard in the “Formation of a Comfortable Urban Environment” Project comes from the residents of this house. The order of their actions is as follows:

1. Check on the city administration website for lists of yards included in the local project for the current year.
2. If there is no territory on the lists, it is necessary to unite with the residents of all residential buildings that are located on a common local area, in a common yard.
3. Clarification of the question of what are the conditions for participation in the project in a specific locality.
4. Determining the list of works related to minimal and additional measures for landscaping the yard.
5. Conducting a general meeting of residents and voting. Moreover, the meeting must be held in person, but voting can take place in absentia. The initiative group visits residents in apartments and studies their opinions. Issues related to submitting an application for participation in the program, developing an improvement project, electing an initiative group and an authorized representative from a group of residents are discussed and accepted.
6. Submitting an application (package of documents) to the administration of the locality.
7. Monitoring compliance with the technology of repair, landscape, and installation work. Signing the act of acceptance of completed work.

An authorized representative from the residents' team constantly communicates with the foreman, monitors the progress and volume of planned work. Upon completion, a commission is created to accept the work and evaluate its quality. The commission includes representatives of the administration of the locality and an initiative group of citizens living in the yard.

If any planned activities are not carried out or the quality of the work is not satisfactory for the residents, they have the right not to sign the act or give consent to accept the work. If they disagree with the residents’ decision, citizens have the right to file a complaint against the contractor with the city administration or the Ministry of Construction of the Russian Federation.

After the expiration of the Federal project “Formation of a Comfortable Urban Environment”, courtyards in which landscaping was carried out in accordance with this program will be transferred to the balance of residents.

What does this include: list of works

Decree of the State Construction Committee of the Russian Federation No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” dated September 27, 2003 established a clear list of work that must be carried out for the arrangement of the PT:

• regular cleaning of sediment and garbage (which organization is required to remove garbage in the yard of an apartment building according to the law and where to contact in case of violations?);
• installation of garbage cans for several categories of waste;
• arrangement of a recreation area;
• maintenance of parking lots;
• maintaining common areas in good condition;
• installation of fences;
• maintenance and construction of children's and summer playgrounds;
• maintaining all elements of the local area: gates, sidewalks, etc.

It is necessary to control and ensure that the entire local area constitutes a common ensemble and complies with SP 82.13330.2016. The plan for putting the territory in order is approved at a general meeting of residents.

Prohibited in the local area:

• place paid parking lots and production facilities;
• place retail outlets, cafes, various kiosks;
• Parking of a car with the engine running is prohibited;
• Garbage collection containers are prohibited from being placed on lawns and flower beds;
• servicing, washing and repairing cars is not allowed;
• You cannot increase parking at the expense of landscaping areas.

If this is not taken into account, then the regulatory authorities may fine the management company. Therefore, before landscaping your home territory, you need to read some regulations. As for retail outlets, it is prohibited to build or open new ones. If trading places were created earlier, for example, during the construction of a house, then they have the right to exist.

Yard cleaning

Cleaning the area between multi-storey buildings and clearing access areas is carried out with the help of the management company. A specialized company is engaged in cleaning the roads in the area.

The same process includes removing snow, leaves, depending on the season, sprinkling the paths with an anti-slip compound.

Arrangement of children's playgrounds

There may be several playgrounds on the same territory for different age categories. These areas should be separated by bushes and should not be accessed by vehicles. Typically a playground includes:

1. slide;
2. various swings;
3. sandboxes;
4. other structures for children's entertainment.

They must be safe and regularly inspected by management company employees, and, if necessary, repaired in a timely manner.

The maintenance and arrangement of the playground must meet the following standards:

• located away from pedestrian paths and roadways;
• fence the area with greenery so that there is shade in the summer;
• observe all sanitary standards when caring, in particular regularly change sand;
• the nearest location of parking lots, garbage cans and other warehouses – 20 m;
• Regularly clean the structures located on this site.

Management representatives must regularly inspect and repair playground components. This is a mandatory and integral attribute of any apartment building.

landscaping

Landscaping gives the site a more well-groomed and pleasant appearance. The costs of this type of activity are borne entirely by the residents of the house. Sometimes they independently carry out landscaping together. It is important that trees and shrubs with poisonous fruits and leaves do not grow around children's playgrounds.

In addition to the initial landscaping, the management company is obliged to perform the following work:

• provide care and timely trimming of all green spaces in the local area;
• remove dead wood in a timely manner;
• Monitor the water if there is a body of water.

In addition to shrubs and trees, landscaping also includes lawn covering. It is created for ease of movement and for an aesthetic appearance. But residents must remember that such a lawn requires careful care. You should agree with the management company so that it allocates specialists.

Fencing

When fencing an area, there are a number of features that must be taken into account:

• the fence should not block the passage to the house, so that this is not regarded as an attempt to prevent technical service specialists from entering;
• the fence should not create obstacles for residents of neighboring houses when accessing their plots, otherwise they will complain and the fence will simply be demolished;
• ensure free passage for emergency services.

The yard should not be completely fenced; only partial fencing of the playground and parking lot is allowed. Vehicles are prohibited from entering the fenced area. This does not apply:

• ambulances;
• Ministry of Emergency Situations;
• gas services;
• firefighters;
• police.

To avoid problems, it is better to draw up a landscaping plan in advance indicating the area that is planned to be fenced. In this case, the fence should be no higher than 60 cm and not continuous.

Asphalting

If the roads inside the yards are broken and have a large number of potholes, then sooner or later there will be a desire to properly asphalt them. To do this, all residents of the house will have to contribute to the common fund. When the amount is collected, the homeowners or management company (depending on the form of management of the apartment building) hire an organization that will lay the asphalt in accordance with certain standards:

• asphalt layer of at least 15 cm;
• fine-grained composition;
• the minimum width around the house is 1 meter;
• It is mandatory to have asphalt on the paths to the entrance or to the parking lot.

At the general meeting, at least half of the residents must vote for laying asphalt.

Parking

In the developed automobile age, not a single yard can do without quality parking. The first mandatory norm: parking must be located at least 10 meters from the walls of the house. If the residents at the general meeting decide the issue positively, then they have the right to restrict the access of unauthorized vehicles to their home territory.

The requirements for a parking structure directly depend on its planned capacity. The more vehicles you need to accommodate, the stricter the rules.

Installation and repair of sidewalks

Sidewalks are necessary for the convenience of movement of citizens. If the path leads to a green area or flower bed, then according to the width standards, a garden cart must fit on it. It is better to choose materials for sidewalks that are resistant to wear, frost and other external influences. Then you won’t have to repair and patch frequently.

How to write an application for improvement of a playground

To participate in the Federal project, an application is submitted to the municipal authorities, an application determining the priority of work to improve the local area. The application is a package of documents. To complete the package you should prepare:

• Minutes of the general meeting of residents with consideration of issues regarding the inclusion of the yard in the program, an agreed list of minimal and additional work, sources of financing (or working participation of residents) in additional activities;
• The decision to create an initiative group of residents and elect an authorized representative of the collective of citizens living in a given yard;
• Photographs of existing infrastructure facilities in the local area (in order to confirm the need for their repair, dismantling, and improvement work);
• A copy of the passport from the cadastre for the land plot of the house (houses);
• A copy of the technical passport of the house (houses);
• Certificate from the management organization indicating the deadline for putting the structure into operation

An application for participation in the program is submitted on behalf of the residents of the apartment building (houses) and is signed by an authorized representative elected at the general meeting. The application must indicate the order of implementation of measures to improve the territory with a request to consider this list at a meeting of the relevant commission of the administration of the locality.

What to do if the organization does not fulfill its obligations?

If the management company stubbornly refuses to fulfill the obligations imposed on it, then residents have every right to complain about such a company to authorized organizations, right up to the court. Each owner must have a management agreement in hand, which details all the operating conditions of the management company, its duties and responsibilities to the residents.

Pre-trial proceedings

First of all, if there is no response from the management company, it is necessary to contact the authorities that have the authority to influence the management company.

Where to contact?

You should contact the following organizations for assistance with your complaint:

• State housing inspection.
• Rospotrebnadzor.
• Prosecutor's office.

Residents also have every right to refuse the services of this management organization and enter into an agreement with another service provider.

Contents of the complaint

The complaint must be written in two copies. The second copy must contain the date the complaint was received, its entry number and the signature of the person who accepted the document. If the document was sent by registered mail, then the received notification must be saved.

It, like the second copy, may be useful when going to court. In the complaint itself, it is necessary to set out in detail all the claims of the owners of the apartment complex against the management company. itself must be certified in the presence of two neighbors or council members of the house.

In the complaint, it is advisable to refer to the legislative norms violated by the Criminal Code. You can seek help from a qualified lawyer.

The response period for a complaint is 30 days, regulated by Article 12 of Federal Law No. 59. If no response is received within this time, you can safely complain to the court. Most often, management companies begin to fulfill their duties in full after the first complaint. Very few organizations bring matters to trial.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

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