Experts from our company will tell you in detail who should build the road to the site, and how to solve the problem of lack of access roads in accordance with the law. Similar roads are organized at the stage of territory formation. This responsibility rests with the local administration or the person carrying out the division or consolidation of land. However, there is not always free access to the allotment. And this problem needs to be solved urgently by submitting appeals to the authorized bodies.
Often the road to the site runs through marshy areas, which require filling and landscaping in accordance with established standards. Either a ravine or other obstacles have formed on the way to the property. Also, the creation of entrances is necessary due to incorrectly carried out boundary work. Registration authorities, as a rule, suspend registration of the territory if such violations are discovered. But sometimes you have to decide on your own the issue of organizing the road to your own land.
Where should I go to find out who should want the road to the site?
- Road activities within the boundaries of populated areas or beyond them are carried out by the administration of the settlement, municipal district or district.
- To find out who should build the road to the site, you need to study the land documents, checking which municipality it belongs to.
- As a general rule, you must contact your local municipality for track construction. At the same time, you will definitely be faced with the order of execution of road construction work.
- In addition, the authorities may refuse due to insufficient funding or will delay the creation of an entrance, citing a lack of funds in the budget. In this case, obtaining the desired road is delayed for many years.
- If you find yourself in a similar situation, you can carry out the work at your own expense. This will require permission, an agreed design and technical specifications.
- Directly for laying the canvas you must contact a licensed company.
- You will have to carry out construction yourself if the site was not properly registered, or if it is not listed in the state real estate cadastre.
Our services:
Registration of the road through the court - from 80,000 rubles.
Creating a road (new lease in a populated area) - from 70,000 rubles.
Registration of the road in the application-claim procedure - from 40,000 rubles.
Distance between fence and outbuildings
In addition to the height of fences, SNiP regulates the distance from the border of the site to other objects.
The interval between the fence and the residential building must be at least 3 m. Other buildings are located no closer than 1 m from the border of the site, and agricultural buildings - 4 m.
Plants no more than 1 m high should be planted at a distance no closer than 1 meter from the fence, medium-sized trees - 2 m, and tall trees no closer than 4 m.
If the external fence is located at a distance of less than 1.5 m from the sidewalk, then the entrance gate should open inward.
When should the owner build the road to the property himself?
To understand who should make the road to the site, you will have to either contact the specialists of our company or independently study the current situation. Check the presence of a cadastral number (it is displayed on the general map), look at the land survey for errors due to which the roadway was not laid. If any are found, they will have to be eliminated, or you will have to build the entrance yourself.
If there is a lack of funding from the municipality, you can go to court, which will oblige the administration to lay the canvas. However, it will be much faster to come to an agreement with the other owners who are experiencing inconvenience due to the lack of a road. You will have to organize the tracks yourself if mistakes were made when dividing one section. Find out more from the experts of our company. We will find ways to solve this problem.
How to force the administration to make a road to a plot of land in a populated area?
Access roads to the newly formed areas must be equipped by local authorities. Especially if such lands are not adjacent to public roads. The procedure for organizing access to a site depends on many nuances, and the main one is who owns the land between the public road and the plot.
To understand how the access to the territory will be laid, you need to familiarize yourself with the boundary plan. It indicates the features of providing access to the site:
- Through state lands property;
- For public areas;
- As an easement on private plots.
Having studied the procedure for creating a road to a site through the municipality, many decide to build it themselves, at their own expense. But it is not recommended to do this, otherwise the access roads will be recognized as unauthorized construction.
If the administration of the locality is in no hurry to pave the road to the plot, the owner needs to initiate the procedure himself. Before this you should:
- check whether the site is included on the cadastral map;
- which municipality it belongs to;
- whether land rights are properly registered;
- find out who owns the land under the road;
- determine the possibility of constructing an entrance to the plot.
Then you need to contact the local administration to which your land plot belongs with an application. In it you need to ask to begin the design and construction of the highway. The petition is submitted to the head of the administration. It is important to refer to the need for access roads:
- construction equipment cannot pass;
- you plan to live here year-round;
- other roads are missing or closed.
Usually such requests are answered with refusal. Either there is no money in the settlement budget, or the land under the road belongs to a private individual, or for other reasons. In response to such a response, a claim should be submitted, which includes references to laws and grounds confirming the need to lay a road or the possibility of its construction. They refused again - go to court. To ensure that your request is accurately approved, consult with specialized Geobureau lawyers on this issue.
Technical standards for the construction of a garage
When building a garage, no special permits are required, but existing standards must be observed.
The garage is considered an outbuilding, so its construction can begin by retreating 1 m from the fence, but not less than 6 m from the nearest building on the neighboring site. This distance is determined by fire safety requirements.
If these distances are not observed, the building will be demolished by court decision. To do this, it is enough to file a claim in court and pay the state fee.
How to force a local road to be repaired?
The administration of the locality must carry out routine repairs of local roads. For this purpose, licensed organizations are involved. If this does not happen, the owners of land adjacent to the problem road can file a complaint about the condition of the roadway. Deviations from the standards established in GOST R 50597-2017 must be eliminated. A complaint is filed when:
- there are holes on the road surface longer than 15 cm;
- small potholes over a length of 100 meters;
- waves more than 5 cm on a local street;
- ruts of a certain depth, etc.
Such violations are given up to two weeks to correct. Usually the procedure begins after the owners (single or collective) apply:
- To the administration of the locality - in addition to the application, evidence of problems on the road will be required (a response will be given within 30 days);
- The traffic police department conducts an inspection and, if the roadway really does not meet the standards, issues an order for repairs (it must be complied with within 14 days).
In small municipalities, such measures usually do not bring results. In such a situation, you should submit a second appeal to the administration (preferably a collective one, with the signatures of all residents of the street). Get the traffic police representative to initiate an administrative violation case in addition to the repair order.
The roadway still has not been repaired - write a complaint to the prosecutor's office, or directly to the judicial authorities. Going to court yourself will speed up the procedure. A lawsuit is also prepared in the case when the traffic police does not initiate a case of an administrative offense. If a complaint to the prosecutor does not bring results, but you do not dare to go to court, you can send a complaint to the Ministry of Internal Affairs of the Russian Federation or other higher authorities.
The best option is to file a claim after refusal by the local administration. But proceedings should only begin after consultation with a lawyer. He will collect evidence of the need for repairs, send complaints to the authorized bodies and represent your interests in court.
How to make a road to a plot of land outside a populated area?
How the approval procedure goes and the body responsible for road construction is determined depends on the situation. The need for a road arises when an agricultural plot is acquired outside the municipality, or other land where it is planned to conduct targeted activities. As a rule, there is no infrastructure in such an area.
If the site is not located in a populated area, the issues of road construction are decided by the district authorities. You must contact the district administration with an application and documents for the land. Often they also require:
- cartographic materials on the ground;
- a plan of the territory on a certain scale;
- traffic safety organization diagram;
- road layout plan, etc.
The location plan must contain ways of connecting to regional roads. Additionally, you will have to order a design for the future access road. The application should ask the administration to provide access to the site and indicate what kind of access is needed (road).
When the application is submitted, you must wait 30 days for a decision on it, and then two options for the development of the situation are possible:
- The administration will agree to create an access road;
- They will refuse you and you will have to build it yourself.
If access roads are laid by the owner at his own expense, it is necessary to order a project and obtain permission from the same district administration to use the land for the construction of a highway. This is a complex procedure that cannot be done without an experienced lawyer.
In case of an unmotivated refusal, or if you do not agree with the grounds stated in it, you can go to court to resolve the dispute. The judge ruled in your favor - go with him to the district administration to enforce the requirement. Our company’s lawyers will help you achieve a positive answer or obtain construction permits at your own expense.
What to do if there is no access to the land plot?
After acquiring a plot of land, it may turn out that there is actually no access to it, or there is a road, but it runs through someone else’s territory. The procedure depends on the situation:
- There is no access at all - the neighbors put up a fence so that the plot ended up in a closed “ring”;
- There is a passage, but the land under it belongs to a private person (the owner of the neighboring plot);
- There is a road, but the area underneath is owned by the municipality.
In each of these cases, the procedure for gaining access to the territory will be slightly different. But there is a general procedure that is resorted to in such situations.
- If the site is located within the boundaries of a populated area, you must contact the head of the local administration to establish a public easement.
- When the plot is located outside the municipality, such an application is sent to the district administration.
- It is impossible to establish a public easement (there are no grounds), or the land belongs to a private person - a private easement will have to be established.
If no other options for organizing access to the land plot are found, representatives of the local or district administration have the right to establish a public easement to the territory. But it is important to consider that the right of way can be temporary or permanent. The first option is suitable if the road is needed during construction, and the second - in all other cases.
A private easement will have to be negotiated directly with the land owner. Usually the right of way is established for a certain fee (monthly, quarterly, etc.). For these purposes, an agreement is drawn up. It was not possible to reach an agreement - the easement can be established in court.
There is an option when access to the site is impossible due to illegally installed fences or real estate. In this situation, all the above actions are carried out after eliminating such obstacles. You can initiate the procedure by writing a complaint to the municipality. Given the complexity of the procedure, it must be carried out by specialized lawyers. This way you eliminate the risk of refusal and get a guarantee of organizing travel to the site.
Which organizations must be approved for entry into the territory?
- Rosavtodor, Mosavtodor;
- Moscow Department of Transport;
- Mosgortrans;
- FSO;
- Administration;
- Road owners.
The refusal can be appealed in court. Since this will be a lawsuit to appeal the actions of government bodies, only a person with a higher legal education can go to court. Even if the owner of the site has this education, he will have to delve into all the intricacies of the legislation, get acquainted with new regulations and amendments, and spend extra money and time. Professionals who have been doing this for several years, quickly obtaining permits for their clients, already have all the information necessary for a positive result - entry approval
Actions after receiving entry permission.
Once you have an approved design for the entrance to the site in hand, you can begin work:
- Remove curb stones at the entry point.
- Arrange a smooth transition from the roadway.
- If necessary, remove part of the sidewalk and lower it to the level of the roadway.
- A convenient slope angle should be taken into account so that passenger cars do not cling to the bottom. You can make the entrance more comfortable by adding earth and crushed stone and extending the slope.
If there is a ditch, an asbestos-cement pipe is placed in it and covered with crushed stone.
Such actions will have to be taken to obtain approval for entry to your own land plot. Often, before implementing this idea, a lot of work is done to navigate bureaucratic labyrinths. For this reason, due to the reluctance to waste valuable time going through the authorities, land owners often entrust the preparation of the project for entry and its approval with the collection of signatures to specialized companies.
