Repair of roads in the courtyards of apartment buildings

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Who is responsible for the yard road

Major repairs, which are carried out annually on Russian roads, consist of removing the top layer of asphalt and laying a new one. After which markings are applied. The same requirements for road surface repair apply to yard roads and sidewalks.

Attention! The responsibility for carrying out repair work on the road surface of the intra-building areas of apartment buildings rests with those legal entities that have them on their balance sheet. Thus, Government Decree No. 491 assigns responsibility for the current maintenance and repair of internal roads that are part of the local area, and accordingly, registered as common property, to the management company.

The boundaries of the local area are clearly marked in the cadastral and technical passports of an apartment building.

Issues regarding the repair of that part of the road surface that belongs to the common property of the residents of an apartment building are resolved at a general meeting of homeowners.

As for the access roads to the courtyards of multi-apartment residential buildings, they belong to city streets. Therefore, in accordance with the requirements of paragraph 2 of Article 12 of Federal Law No. 196 “On Road Safety”, responsibility for maintenance and repair lies with the municipality.

Judicial practice in cases of challenging cleaning fees

The courts often receive claims from owners of apartments in apartment buildings challenging the established fee for cleaning the local area due to poor quality of the service. When making decisions, the courts, guided by the norms of Housing Legislation and decrees of the Government of the Russian Federation on this issue, often take the side of the plaintiffs.

As judicial practice on the adjacent territories of apartment buildings shows, many controversial issues arise related to the establishment of boundaries, the lawful use and maintenance of courtyards. In each specific case, the court examines the arguments, evidence and other relevant information.

Roads in the yard according to GOST

Important! The legal norms that regulate the repair of courtyard areas and access roads include the following documents:

• SNiP 2.07.01-89 “Urban planning. Planning and development of urban and rural settlements”;
• recommendations for the design of streets and roads in cities and rural settlements (Moscow Publishing House, 1994).

According to the standards, streets in residential buildings are designated by an appropriate classification that determines the width of the pedestrian part of the sidewalk, as well as vehicle lanes.

The requirements relating to the width of the fire passage, which is combined with the main entrance to the building or structure, are set out in the second section of Federal Law No. 123 of July 22, 2008 “Technical Regulations on Fire Safety Requirements”, in Article 67.

They are as follows:

• passage width – at least 6 meters;
• no more than 16 meters, for buildings higher than 28 meters;
• no more than 8 meters – for buildings up to 28 meters high;
• The size of the turning area in a dead-end passage for fire fighting equipment is at least 15x15 meters.

Road repairs must be carried out if there are potholes on the roadway measuring:

• width – less than 0.60 m;
• length – less than 0.15 m;
• in depth - less than 0.05 m.

According to GOST requirements, a hole on the road surface that does not meet even one of the specified parameters must be fenced off and repaired as soon as possible.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Who should pay for repair work?

Before establishing who is obliged to repair the roadway in the local area, check with the direct owner.

In this case, a two-pronged approach is possible:

• if the road adjacent to the building is damaged, then this is the common property of the owners of the apartments of the residential building. Therefore, the responsibility for maintaining the road in proper condition and carrying out the necessary repairs rests with the building manager. Apartment owners have the right to demand that the building manager carry out repairs. If refused, there will be all grounds for filing a complaint with the prosecutor’s office or the traffic police;
• If the road is municipal property, the municipality is responsible for maintaining the roadway.

Who sets rates for yard maintenance?

Tariffing for services for the maintenance of land plots adjacent to apartment buildings is carried out by the utility organizations that provide them, and in some cases - by local government bodies.

The regulatory role in this matter is assigned to the state. It participates in pricing by adopting regulations:

• »;
• separate government resolutions.

Market factors have a significant impact on the cost of services: the level of inflation, prices for fuel and lubricants, wages and others. Tariffs may be revised annually.

Payment for maintenance of local areas is charged per square meter, taking into account the resident’s share in the common property. If the tariff rate is 10 rubles per 1 m2, and the area of ​​the local area is 200 m2, then at a share of 3% the monthly fee for its maintenance is 60 rubles.

Find out in more detail what the tariffs for maintaining common property in an apartment building depend on.

How to write an application for road repairs inside the yard

The management company is responsible for the timely repair of roads in the courtyards of multi-apartment residential buildings. If for some reason repairs do not begin, you can use a collective application addressed to the head of the management company.

To do this, this issue should be considered at a general meeting of apartment owners. The decision will be made if at least 50 percent of all property owners vote for it.

Please note! The protocol or statement is drawn up in two copies. One is handed over to the management of the management company, the second remains in TSC with a mark of receipt.

Who is exempt from paying for major home repairs?

What to do if an accident occurs due to the fault of road services, read here.

How to legalize a parking space near your house, read the link:

The text of the application must contain the following:

• full name of the management company indicating its organizational and legal form of ownership, location address, head of the legal entity;
• who is the initiator of the request indicating identifying information;
• title - “Application for road repairs”;
• problems with the road surface that were the basis for the appeal;
• legal grounds for repairs;
• demand or request for road repairs;
• date, month and year of drawing up the document, signatures, surnames and initials of the applicants.

In the text of the document, please pay attention to the management company about the duration of the malfunctions that were identified by the residents of the house, whether measures were taken to repair this area, which is confirmed by a certificate of completion or a specialist’s conclusion.

ATTENTION! Look at the completed sample application for repair work on the road in the yard:

Housing cooperative

Members of the housing construction cooperative at the general meeting also jointly decide all issues related to the improvement of the house and its territory.

Residents must decide how much money they can allocate for road repairs and how it will be carried out - on their own or with the help of contractors.

If apartment owners in housing cooperatives themselves carry out repair work to improve access roads and sidewalks, they must comply with the requirements of Articles 153, 154,158 of the Housing Code.

When a house is serviced by a management company, she is obliged to carry out repair work in the local area, because the owners of the apartments transfer her a certain amount on monthly payments for improvement.

When should repairs be completed?

Depending on the complexity and scope of work, replacing old asphalt pavement can take from several days to a week.

However, depending on the complexity of the work performed and the equipment used, the duration of the work may take a little longer.

Simultaneously with the removal of the old asphalt surface, the removal of construction waste is organized. These works must be completed no later than the second day when the asphalt was removed.

Watch the video. Broken roads in the yard: who should be responsible for them?

Where to complain if the management company does not want to participate in the repair of the road inside the yard of the apartment building

Current practice has developed a certain algorithm of actions if the issue of repairing the road surface in the courtyard of an apartment building is not resolved.

Remember! It is as follows:

• submitting a collective application to the head of the management company about the need for urgent repairs of the asphalt pavement of the road surface on the intra-building territory of an apartment building;
• if there is no positive reaction, the next complaint must be sent to the housing inspectorate. This body licenses the activities of management companies, so it will have appropriate leverage;
• in some cases, residents of the house are forced to complain to local authorities, as well as to the court.

Complaint to the Housing Inspectorate

To file a complaint with the state housing inspectorate, you must draw up a document that will contain the following real information:

• name of the addressee, his location address;
• last name, first name, patronymic of the apartment owner who is applying. If there are several of them, the details of all of them are indicated;
• the title of the document is “Complaint against the management company”;
• description of the problem that has arisen, steps taken to solve it, reaction of the management company;
• legal grounds for appeal;
• the essence of the requirements;
• list of attached documents;
• date and signature of the applicant, his surname and initials.

Statement of claim to court

Article 131 of the Civil Procedure Code of the Russian Federation contains a maximum list of requirements that must be met when drawing up a claim. Otherwise, the court will leave the statement of claim without progress.

Fine for riding on a bicycle path.

statement of claim forcing the management organization to fulfill its obligations free of charge in word format

Therefore, if a decision is made to sue, the claim must be drawn up in a legally competent manner and contain:

• the full name of the judicial authority, indicating the name of the locality, the name of the street and the number of the building where the court is located,
• personal data of the plaintiff, his place of residence, means of contacting him in the form of a telephone number or email address,
• name of the management company indicating its organizational and legal form of ownership, legal registration address, actual location,
• title of the document “Statement of Claim”,
• the essence of violations of the rights of residents of the house and their legitimate interests,
• what measures were taken to resolve the conflict situation, the actions of the defendant,
• legal grounds for going to court,
• claim,
• list of attached documents,
• date and signature of the plaintiff, his last name and initials.

If the statement of claim is presented in this sequence, the document will be accepted by the court for consideration.

ATTENTION! Look at the completed sample statement of claim forcing the management organization to fulfill its obligations:

Required Applications

Attention! The following may be submitted as attachments to the complaint:

• copies of letters, complaints and statements to the management company demanding road repairs;
• responses from the management company, if any;
• inspection reports involving specialists;
• copies of appeals to other authorities and responses from them;
• documentary evidence of the need for repairs, made in the form of photographs with a scale ruler;
• contracts and other documents confirming the position of the applicants.

If the steps taken do not lead to a positive result, you should file a claim in court.