Man is by nature a selfish creature. This trend is clearly visible in the huge number of court cases between neighbors. And often the encroachment on someone else’s property did not carry with it any malicious intent. For example, a certain Vasya had been living on his plot for 10 years, and the plot next door was empty. And Vasya decided to build a bathhouse on his own site, where it was convenient for him, but without violating the boundaries. And suddenly, out of the blue, Vasya’s neighbor appears. And he’s building a garage not far from the bathhouse. And the roof of the bathhouse, it turns out, is made in such a way that the snow falls off it right where the car drives in. And here a legal battle begins instead of neighborly friendship.
Unfortunately, it is impossible to say in advance which side the court will take in such situations. Despite the fact that many aspects are clearly stated in the laws. In this article we will give examples of some court decisions in situations with neighborly “wars”.
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.
We are writing to the prosecutor
The prosecutor's office has great powers in the field of construction supervision. Therefore, contacting a government agency is the most effective way to protect yourself from unauthorized actions of a neighbor.
The statement should be written carefully, indicating only the essence of the problem; perhaps this will be a reason to bring the culprit to justice in accordance with current laws.
When writing a complaint, you need to reflect the main points:
- name of the body;
- information about the applicant and the violator (full name, residential address, contact phone number);
- consistently present specific facts;
- attach evidence (photos, examination, response to an appeal to the municipality);
- At the end, put your personal signature and indicate the date.
The response to the complaint should be received within 30 days; the document will reflect information about what violations were identified and what measures were taken against the culprit.
When there is no agreement among neighbors: FORUMHOUSE participants also violate neighbors' rights
Unfortunately, many FORUMHOUSE members have had to deal with situations where disagreements with neighbors go beyond verbal disagreements and sidelong glances from behind the fence into the realm of legal proceedings. Often such situations arise without malicious intent, but due to simple ignorance or hindsight. But the latter does not relieve us of responsibility.
Pavel and Kira did not tell on the forum how their stories ended, let's hope that they were able to come to an agreement with their neighbors.
FORUMHOUSE member Nafania also found herself in an unpleasant situation.
In her case, the court of the city of Khabarovsk, unfortunately, turned out to be on the side of the second participant.
Excerpt from the court decision:
We would like to draw special attention to the fact that always, before going to court with a claim, first try to resolve the problem peacefully and through negotiations. Not all the people around us are inadequate individuals or individuals who deliberately want to cause us problems, regardless of the rights of others.
User Kate, in comments to Pavel’s situation, writes:
If you are just planning some kind of construction on your site, already understanding that it will be in violation of existing standards, but you have good relations with your neighbors and they agree with your plans, then we advise you to formalize this consent notarized. In the future, if a neighbor has complaints, the document can become your counterargument. However, there will be no guarantee that the court will not satisfy the claim of the plaintiff neighbor.
If your neighbors ask for your consent to take some actions, then do not forget to indicate all the fundamental parameters, so that later you do not become a victim of your own kindness and short-sightedness. As, for example, happened with the user Koomaa:
How to peacefully resolve a conflict
To minimize the conflict situation and direct the energy of neighbors in a peaceful direction, you should calmly discuss the controversial issue. Perhaps deviating from your principles and rebuilding the structure will not be so problematic. For some neighbors, it is enough for the inconvenience to be at least minimized.
If neighbors are afraid of a fire from a nearby bathhouse, then you can install additional containers with sand or purchase a compact pump for timely extinguishing. Another solution would be to produce a fireproof coating. If all the buildings on the site are designed in the same style and the covering is discordant with the rest of the buildings, then you can install it on the buildings of your neighbors. Minimal investments will help preserve your own buildings and strengthen friendly relations with neighbors.
What about the judges? Or humanity towards violators of neighboring rights
As a review of judicial practice shows, judges more often take a very loyal position towards violators. Applications with demands to demolish buildings due to non-compliance with the meter setback remain, as a rule, not satisfied. Decisions on extreme measures (demolition) are made only in cases of gross violation of fire safety and a clear threat to life and health. In other cases, the court makes decisions that will reduce the negative impact of other people's property on your site. For example, a judge may order the installation of additional storm drains if the claim involved flooding of an area from someone else's roof. In cases where the violation of rights can be eliminated only by demolition or partial dismantling of buildings, the court denies the plaintiffs’ claims due to their insignificance. This position is explained by the fact that the demolition of structures will incur more losses than the inconveniences created during their construction. But there is no clear and unified trend in court decisions.
Please note that the established urban planning and sanitary regulations are advisory and not mandatory. In addition, SNiP 2.07.01-89 “Urban planning. Planning and development of urban and rural settlements" there is a clause indicating that the owners of adjacent plots may not comply with the established standards if they agree on other sizes of indentations and boundaries. Therefore, the best option is to have a settlement agreement without bringing the case to court.
To which authorities should I file a complaint?
There are a number of structures that can understand the situation and take the necessary measures to correct the identified violation.
These include:
- Gosstroynadzor;
- State Housing Inspectorate;
- Local administration represented by a body vested with certain powers;
- Prosecutor's Office;
- Court.
You can simultaneously contact all of the listed services; consider the last three options.
There will be a bathhouse: the court refused to demolish a bathhouse built with violations
Kamensky City Court of the Penza Region, 2015.
Citizen N files a lawsuit against his neighbor for the demolition of the bathhouse. Since the latter demolished part of the fence between the plots and put a building there. N believes that the bathhouse was built with violations, the distance from his site was violated, the construction creates a fire hazard, and, accordingly, a threat to life and health. In addition, the roof slope is directed towards area N and, accordingly, precipitation from the neighboring roof accumulates on its area and destroys the foundation of buildings located nearby.
The plaintiff's arguments. SNiP 2.07.01-89 was violated regarding the distance of 1 meter from the border of his site, for which no corresponding consent was given. Refers to SNiP 30-02-97, which states that between the sections there should be a mesh or lattice fence, and not a blank wall of the bathhouse. Fire safety requirements were violated.
Defendant's counterarguments. Measures have been taken to drain sediment and water from the bathhouse to its own site. Fire safety requirements are met (the stove is made of fire-resistant bricks, there are fire-resistant materials around), the bathhouse is heated 1-2 times a quarter.
According to a specialist from the supervisory activities department who visited the site, the construction of all outbuildings there is blocked. The bathhouse is adjacent to the defendant's outbuildings, which are located under the same roof. Moving the bathhouse by 1 meter will not change the situation in terms of fire safety.
According to the conclusions of the expert report, the location of the defendant’s bathhouse relative to the border with the neighboring land plot does not comply with the urban planning requirements of SP 42.13330.2011 and SP 30-102-99 (at least 1 m).
But the fact that the bathhouse was built in violation of the norms cannot independently be the basis for demolition, since it does not indicate a violation of the rights of other persons.
Court decision: to deny the plaintiff's request to demolish the bathhouse.
Conflict resolution through court
If it is impossible to resolve the conflict peacefully, you will have to resort to going to court. If the claim amount is up to 50 tr. The application should be submitted to the magistrate. When you receive a subpoena from the court, you must prepare for the hearing.
You should once again monitor your territory and try to eliminate the most obvious violations in the permissible distance between buildings. You must talk about your actions aimed at correcting non-compliance with standards at the meeting.
The court will definitely take into account such efforts, and it will probably be possible to cancel the demolition of the building. If, nevertheless, a decision was made not in favor of the defendant, it can still be appealed. Such actions, if they do not cancel the first decision altogether, will at least provide a delay for its execution.
If neighbors take actions aimed at causing inconvenience during litigation, then they can be challenged through a negative action. It should reflect the infringement of the rights to use the site.
The claim must contain the problem itself, the name of the disputed object and its address, as well as the diagram according to which the buildings are located. If, as a result of the actions of neighbors, crops were lost or noise levels were exceeded, you can demand compensation for the damage caused. When applying, you should also provide title documents for the site. This way the court will establish the legality of requests for protection of interests.
Demolish the bathhouse: the court ordered the dismantling of the unauthorized structure
A similar situation happened in the Tukaevsky District Court of the Republic of Tatarstan in 2021.
The plaintiff asked the court to demolish the unauthorized building (bathhouse) of his neighbor, which was built in violation of the permissible distances.
From the case materials it follows that there were violations of SP 53.13330.2011 during the construction of a garden house and bathhouse on the site. Facilities for collecting bathhouse wastewater are located less than a meter from the border of the neighboring property. There are also violations of SP 4.13130.2013 regarding fire breaks. Thus, these violations can lead to a threat to life and health in the event of a fire, as well as to negative impacts on the soil in both areas. It is also confirmed that the bathhouse is an unauthorized construction.
The court considered the plaintiff's demands justified and ordered the defendant to demolish the bathhouse.
Why do we need indentations from the boundaries of the land plot?
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).
There should be snow catchers on the roof: a court for the safety of neighbors in the area
In 2021, in Bashkortostan, citizen N filed a lawsuit against his neighbor demanding to change the configuration of the roof on his garage, install snow retention devices and compensate for moral damages.
The roof of the neighbor's building was located in such a way that snow flowed from it onto the plaintiff's property and created discomfort (difficult to walk and impossible to park the car), and in case of ice, a danger to the health of his family members.
The court satisfied the plaintiff's demands (with the exception of compensation for moral damage) and ordered the defendant to install snow retention devices.
There will be a fence: the court did not agree with the arguments for demolishing the fence
Supreme Court of the Republic of Udmurtia, 2021.
The plaintiff went to court demanding that his neighbor demolish the fence he had erected without permission. The fence was built between plots with a foundation and was classified by the plaintiff as a permanent structure. The distance from the plaintiff's buildings was less than a meter, and there was no setback from the property line. The height of the fence exceeded 1.5 meters.
According to the plaintiff, the neighbor did not obtain permission to build a permanent structure (fence), and his rights were also violated in terms of shading the site and plantings with a fence.
Defendant's counterarguments. The fence is installed on the owner's property and is a fence for which construction permission is not required.
The trial court and then the appellate court decided to deny the plaintiff's request. The court did not agree with the arguments that this fence is a piece of real estate. SNiP 30-02-97, which states that fencing must be mesh or lattice up to 1.5 meters high, does not apply to gardening areas. According to the judges, the losses incurred by the defendant during the demolition of the fence would not be comparable to the inconvenience caused to the plaintiff by the fence.
Neighborhood disputes
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:
- Variation of fencing structures on the site;
- Rules for the location of main structures, planting trees and shrubs regarding the border of the site;
- Resolving conflict situations.
Making compromises is a good solution in many controversial situations. But you shouldn’t relax, as you need to be ready for any action.
