The desire to protect your privacy and ensure the safety of your garden, vegetable garden and other property suggests the idea of building a strong, reliable fence around the site. But construction may affect the interests of other people.
To avoid conflict situations, it is advisable to coordinate this action with the owners of neighboring houses and obtain official permission to build a fence.
If in order to obtain the consent of neighbors it is enough to discuss the situation with them and reach an agreement over a cup of tea, then with local authorities the situation is different.
They have very specific requirements for the construction of fences. And the closer to the city the fenced area is located, the stricter the requirements and control over their compliance.
Drawing up a document
Although the sample consent of neighbors for the construction of a house and other construction work is drawn up in free form, there are some uniform requirements that must be taken into account when drawing up the document:
- Permission must be in writing and cannot be considered granted only with the verbal consent of the neighbors.
- Permission must be granted by the owners, and not by tenants or residents of neighboring apartments (dacha plots).
- The document is drawn up like any other application from an individual, with a “header” indicating who is the author of the permit and to whom it is addressed.
- The document indicates the full name, passport details and home address of all neighbors and the initiator of construction.
- The permit must be signed by the owners of neighboring premises (areas).
- The authorization must be dated on the day it was drawn up or signed.
It is also appropriate to indicate in the document what changes will be made as a result of construction. When constructing a private house, its number of floors and location, cadastral number of the plot and some information about neighboring plots are indicated.
When building on a private plot or legitimizing redevelopment, you can attach to the document a plan of the plot (apartment) in its current form and a project that indicates and sketches what the plot (room) will be as a result of construction.
Conditions for the construction of fences in SNT and cottage communities of individual housing construction
Construction around sites in the villages of gardening partnerships (SNT) must comply with the Charter of the partnership.
It lists three types of fences: front, side and between properties. There are separate conditions for each.
Front fence
It encloses the area from the street side, can be solid and opaque, up to 2.5 meters high. However, for fencing on the front of the house, the requirements may be to comply with the architecture of the house, have a beautiful appearance and be inaccessible to uninvited visitors.
Why do you need consent for redevelopment?
Consent is required if the repair work will affect the rights of third parties.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
For example, an apartment owner will not be able to obtain permission from the authorities for redevelopment without notifying other apartment owners about the planned work.
A permit will also not be issued if the proposed work affects the capital structures of an apartment building , and there is no consent for this work from the residents.
The owner is obliged to inform the credit institution of his intention to carry out repair work , since the temporary status of the housing does not allow him to fully dispose of this property at his own discretion.
Thus, consent must be obtained in order not to violate the rights of persons whose interests will be affected in this case.
RAA Law
I, gr. KULAGIN VALERY PETROVICH, born 08/18/1968, place of birth _____________, citizen of the Russian Federation, gender _____, passport 03 03 989898, issued by the PVS Department of Internal Affairs of the ___________ district of the city. Moscow 02/12/2002, department code 232-002, registered: city. Moscow, st. Tolbukhina, house No. 46, apt. No. 54,
Consent for the reconstruction of a residential building. The owner of a land plot can erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot to other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260 of the Civil Code of the Russian Federation).
From other owners
According to Article 26 of the Housing Code of the Russian Federation, in order to obtain a document permitting redevelopment, local government authorities are required to submit applications from all owners of the property.
The document is drawn up in free written form. The application must indicate the following information:
- name and address of the local government authority.
- Full name of the owner giving consent and his address.
- Details of the document, based on which the author of the document is the owner of the apartment.
- Consent, indicating the full name of the owner who is the initiator of the repair work.
- An indication that the author of the application is familiar with the project. In this paragraph it is necessary to list all the work that will be carried out as part of the reconstruction.
- Date and signature with transcript.
How can I avoid a notice being returned without consideration?
This is quite easy to do.
You must fill out all the necessary information specified in the sample notification of the start of construction.
It is also important not to forget to attach to the notification the documents that are required to be submitted.
For reference.
To eliminate the risk of a notification being returned, use the online service.
Online completion of the construction start notice facilitates the preparation of documents and reduces the risk of errors.
If the notice is returned, the administration must indicate the reasons for such return.
If the reasons are justified and true, then the notification should be redone and re-sent.
If the reasons for the return are “made up from thin air”, then there are 2 options.
- Send the same notification again. In a separate covering letter, indicate to officials the violation of Article 51.1 of the Town Planning Code.
- Submit a justified complaint to the prosecutor's office due to a violation of the rights to approve the construction of a house.
Returning a notice without consideration is not the only obstacle that may arise.
In addition to returning the notice, the administration may refuse approval for construction.
From neighbors
In accordance with clause 4, article 30 of the Housing Code of the Russian Federation, the owner of living space in an apartment building is obliged to respect the rights and interests of neighbors.
Based on this law, when carrying out redevelopment, coordination with the residents of the house is required.
If this is a normal repair that does not affect structures that affect the characteristics of the house, then the consent of the neighbors is not required. Permission is required if the redevelopment affects the safety of residents.
Let's consider specific cases when you need to coordinate the renovation of an apartment with your neighbors:
It is best to obtain permission at a general meeting of residents. It is advisable to draw up this method of obtaining a document if the consent of all residents of the house is required. The document must be certified by a notary.
If the redevelopment involves affecting the interests of only a few residents, then it is better to obtain written approval of the repair work from each of them.
- Full name and passport details of the applicant;
- residential address;
- Address of the object;
- consent to redevelopment carried out by the owner of the apartment (his full name);
- list of works.;
- date and signature.
But the approval of construction is considered to have taken place even in the absence of a response from the administration.
As I mentioned earlier, if a response is not sent, the construction of the house will be considered agreed upon. That is, the owner of the site can begin construction.
Note.
It is advisable given the low quality of work of the Russian Post.
It is possible that the administration sent a notice of refusal, but the owner of the site did not receive it. The reason is the banal fault of the postman.
In this case, the developer may mistakenly believe that the administration has remained silent. An error will lead to the false conclusion that construction approval has taken place.
False conclusions can lead to unauthorized construction and a complete loss of invested effort and resources.
To prevent such misconceptions, it is advisable to perform 2 steps.
- In the notice of the start of construction, indicate two ways to receive a response. To the postal address and e-mail.
- Request an official response orally and/or in writing. To be 100% sure that the construction is approved.
In other words , if an official response is not received, then it is advisable to play it safe.
It's a shame to be a hostage to a situation caused by the carelessness of postal workers.
From the bank
If the apartment is mortgaged, then permission from the creditor bank is required to obtain permission. It is important to remember that until the loan debt is repaid, an encumbrance is placed on the apartment, which does not allow the borrower to fully dispose of it.
Owners who did not notify the bank about the redevelopment are automatically violating the terms of the contract. Having learned about illegal redevelopment, the bank may demand its approval from the authorities or return the living space to its original condition.
The worst outcome is that the lender may demand repayment of the entire mortgage amount in one lump sum based on a breach of contract.
The document received from the bank must include the following data:
- Full name of the owner and his passport details;
- the title of the document is “Approval for the redevelopment of a property”;
- a phrase that the bank does not object to the redevelopment;
- apartment address;
- number and date of the mortgage agreement;
- list of reconstruction works;
- signature of a bank employee and seal.
An example of a bank's consent to redevelop a mortgaged apartment:
PRO new building 7 (499) 450-27-46 (Moscow)
Next, the head of the house together with the applicant must contact a notary to confirm the legality of the meeting and compliance with all formalities. The cost of certification will be from 1000 rubles, depending on the tariff and the notary’s markup for the work.
- first name, last name and passport details of the applicant (written to the right, starting with the word “from”, full name is put in the genitive case);
- place of registration of the applicant;
- title of the document (in this case “Consent for redevelopment”);
- address of the apartment where the renovation will be carried out;
- place of document preparation, date;
- neighbor's signature.
Terms and cost of receipt
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Obtaining consent from other apartment owners and neighbors requires notarization, the cost of which is about 1000 rubles.
There is no need to certify the document from the credit institution, since it already bears the bank’s seal.
Coordination with neighbors can take quite a long time, especially if you need to collect signatures from all people living in the house.
To get the approval of the residents as quickly as possible, it is better to gather them at the appointed time and day in front of the house to resolve the issue.
The process of obtaining permission from the bank can last up to 30 days. During this time, work will be carried out with the insurance company and the appraiser.
You should not lose sight of such a seemingly insignificant detail as agreement with neighbors or other persons whose rights are affected by the redevelopment. Carrying out major repairs can be challenged if it turns out that they were carried out without the consent of the interested parties.
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Unauthorized redevelopment is prohibited by the Housing Code of the Russian Federation. To do it, you need to develop a project and obtain permission from local governments.
In some cases, for the authorities to approve redevelopment, a mandatory document is the written consent of citizens or organizations that are directly related to the living space.
How to coordinate the completed reconstruction with the administration?
If the reconstruction is carried out without the approval of the competent authorities, the property owner will have to pay a fine. To avoid negative consequences, we recommend doing everything according to the law.
The law does not clearly define the rules that make it possible to legitimize unauthorized reconstruction. And the problem can only be solved by going to court, but this will require consultation with experts and lawyers.
On a note
The property owner needs to collect title documents, order engineering surveys, prepare a project plan and technical documentation.
With the prepared documents, contact the architecture or municipality, in the end you will receive a refusal. As a result, you have to go to court, attach documents and the fact of applying to architecture. The court may side with you if the work is carried out in compliance with the technical regulations.
normal When you manage to legalize the reconstruction through the court, submit information about the changes to the registry. To do this, you need to go to Rosreestr from those. plan, and after you are registered, you will receive an extract from the Unified State Register of Real Estate.
Is the consent of neighbors required for the reconstruction of a house located on the boundary?
A residential building for several owners can be registered as shared ownership, or with allocated parts of the property. Obtaining permission for reconstruction in these situations is carried out differently.
With common shared ownership, any work related to redevelopment, completion and changes in communication schemes affects the property of other people. Therefore, the consent of neighbors to carry out this type of work is mandatory.
If the house is located on a separate plot of land intended for its operation, is adjacent to the boundary, and its owner is one person, then permission from neighbors to carry out reconstruction work is not required.
Requirements for fences in rural areas
The conditions that govern the construction of fences in rural settlements generally repeat the general requirements described in SNiP 30-02-97:
- height limitation to 2.5 m to ensure normal street illumination;
- no threat to passers-by or animals.
If there are sharp elements in the structure, they should be directed straight upward. It is prohibited to use barbed wire at human height.
When constructing a solid foundation wall, it is necessary to provide holes for water flow. The distance from the fence to the house is at least 3 meters, to the nearest buildings on the site should be at least 1 meter, to the poultry house and barn - at least 4 m.
The next mandatory parameter to comply with is the building area.
This parameter sets the limit on the area of the plot that can be built on.
Simply put, the built-up area determines a certain threshold value that cannot be crossed.
As a rule, the building area is determined as a percentage of the area of the site.
Example.
The built-up area is 40%.
The land plot has a total area of 10 acres.
From this example it follows that the owner of the plot can develop (that is, occupy with buildings) only 4 acres.
The remaining 6 acres must be free of buildings.
The building area is a parameter that does not have the same meaning for different settlements.
In other words, in different cities, towns, villages, etc., and even in different territorial zones of the same locality, the built-up area may differ.
Where can I find out the maximum building area?
The building area is contained in town planning regulations.
As you remember, town planning regulations are an integral part of the Land Use Rules for Development.
In other words, in order to find out the maximum building area, you need to go to the administration website of the locality, download the current edition of the PZZ and find the maximum building area in it.
Thus , in order not to receive a refusal due to exceeding the building area, the area that will be occupied by the house and other buildings should not exceed the maximum building area established in the PZZ.
Note:
On medium-sized and larger land plots, the risk of disturbance to the building area is not very high.
However, on small plots, especially when planning the construction of large houses, it is necessary to pay special attention to this parameter so as not to receive a refusal due to exceeding the maximum building area.
Your lawyer
A written statement from each homeowner is the simplest form if you need to obtain permission from several people. It’s enough just to go around the neighbors, outline your plans for redevelopment, show the drawings and get their consent. Notarized permission adopted at a general meeting of residents.
This option is convenient to use if you need to receive an application from all the inhabitants of the house - for example, if you plan to combine an apartment and an attic space.
Next, the eldest around the house together
