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.
Basic building codes
Before starting construction, you should study all the rules and requirements. It is important to correctly determine the location of the building, since placement too close to a neighbor’s plot or house is not allowed.
The main norms include:
- the residential building must be located at a distance of at least three meters from the border of the land plot;
- outbuildings are located at a distance of at least a meter;
- a toilet, sauna, bathhouse, compost pit are located at a distance of at least eight meters from the neighbors’ territory.
The distance is determined by measurements. The starting point is taken from the base of the building or from the wall of the building. If structures have canopies, loggias or other protruding elements, calculations are made from them.
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:
Is it possible to build houses on the boundary
It must be said right away that the desire to build a house is not enough to do it well and correctly. For construction, it is important not only to decide what kind of house you want to build: choose the size of the house, the layout, but it is also important to plan where on the site the house will be located. And here the question arises not only of your comfort and the beauty of your site, but also the question of acceptable standards, which are determined by building regulations, as well as the convenience of your neighbors.
During construction, a number of typical mistakes are often made. One of them is when the building is located close to the fence. This is due to the fact that details are not taken into account: for example, the length of the stairs at the entrance.
To avoid this, before laying the foundation, you need to carefully measure everything. This applies, among other things, to the distance to the fence bordering the neighbors’ plots. This distance should not be less than three meters. At first glance, this seems like a lot; such an illusion can persist if a fence has not yet been erected between the areas bordering each other. After installing the fence, a fairly narrow passage remains, and if you also take into account that the meter will be taken over by the blind area, then there is no room left even to plant some kind of shrubs.
Important!!! Remember, the distance from the building to the boundary is calculated by the protruding parts of the building, which include the veranda, porch, etc. How might the situation threaten you if a neighbor built a house close to the fence?
- If he did this earlier than you, and your house has not yet been built, it is important to know that there is such a thing as a fire distance that should be between houses . And you will have to take on this entire distance, that is, along the side border you will have to retreat 6 meters between the stone houses, if the houses are different: stone and wooden - 10 meters, if both houses are made of wood - 15 meters.
- Your neighbor's windows may be in close proximity to your windows, which will create discomfort for the residents of your home.
- All the rain runoff may end up on your property.
- Part of your plot will be in the shade, which will lead to worse conditions for growing plants and ultimately negatively affect the harvest.
- Building on a boundary line may result in a neighbor wanting to put up a fence, which will end up on your land and part of your land will join the neighbor's property.
Important!!! Construction of a house on the boundary of one of the neighbors is possible if the second neighbor has given his written permission to do so.
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.
Time limits for consideration of disputes regarding indentations from the boundaries of land plots
A decision regarding disputes regarding the placement of buildings is made by the court within 30 days. If a forensic examination is ordered to obtain the necessary information, the period for consideration of the application may be extended, but not more than by 2 weeks.
According to the old standards.
If you look at the standards of the 90-2000s, they state: there must be at least 3 meters from the house to the fence, but less can be done by agreement with the neighbor.
Most likely, people simply agreed through a written agreement and built it that way. And in the 50-60s it was most likely even simpler, which is why so many old houses stand so close to the fence.
New norms.
According to SP 53.13330.2011, the distance to the border of the neighboring plot must be at least 3 meters
, taking into account buildings on the neighboring site.
If there is a residential building
, then you need to do the calculation before this structure. For example, your neighbors have a brick house, and yours is wooden. The neighbors built a house 3 meters from the border. Accordingly, your house should be located at a distance of at least 10 meters from your neighbor’s. As a result, you need to retreat from the fence 7 meters, not 3. At the same time, sometimes they may take into account the overhang of the roof, and not the foundation.
But the urban planning plan states that these 3 meters can be waived by agreement of the owners of neighboring plots.
Conclusion:
as we see, both in the old standards and in the new ones, you can build a house closer than 3 meters to the fence, but by agreement with the neighbor. But to be honest, if possible, I would not recommend doing this. It’s easier to retreat the required distance and there won’t be any complaints against you. Then the neighbor will sell the plot with the house and the new owner may have questions for you.
On your own site
If the characteristics of the site or other circumstances force the owners to build a house close to or close to the fence , i.e. at a distance of less than 3 meters , then the event can be legally carried out if the owner of the adjacent territory gives the appropriate permission . In the absence of a document, neighbors may sue to demand the demolition of the new facility.
In addition, if it is proven that the house was built in violation of building codes, it may be recognized as an unauthorized construction. Such objects are not the property of the person who built them, and therefore are not subject to sale, exchange or transfer to third parties (Article 222 of the Civil Code of the Russian Federation).
Example. Skvortsov received permission to build a house on his site. During the work, he did not step back from the adjacent fence by the required 3 m without prior agreement with the neighbor. The structure cast a shadow on someone else’s estate, as a result of which its owner could not use part of the garden to grow crops. The neighbor ordered a land survey, which confirmed the violation, and went to court. As a result of the trial, Skvortsov was ordered to demolish the unfinished facility and pay moral compensation to the plaintiff.
How does the approval procedure work?
Before building a house, garage along the boundary or other structure next to the fence, it is necessary to study the construction standards that apply in a particular area. It is quite possible that the installation of an object in the planned location will not violate the official rules for the development of land plots. If the regulations do not allow building a house near someone else’s estate, the possibility of locating the property is discussed with its owner. If agreement is reached, a corresponding agreement is drawn up.
Expert opinion. Specialization: family, housing law. Construction permission cannot be taken from a person who lives on an adjacent plot under a lease agreement. If the owner does not live at this address, you will have to look for him. The task can be delegated to employees of the territorial land management organization. They will find the owner through the Rosreestr database. In the absence of data, it is necessary to publish information about the approval of the construction of a house and the required boundary work in a local printed publication, with the obligatory indication of the time and place of the activities. If the owner of the adjacent estate does not appear on the appointed date, this is equivalent to consent to carry out the work.
How to write?
The consent of neighbors to build a house must be formalized in writing. When drawing up a document, it is advisable to be guided by the following rules:
- the receipt is written in any form , but in compliance with the official business style;
- To avoid controversial situations in the future, it is recommended to use the services of professional lawyers, and the prepared document should be certified by a notary;
- the paper must contain accurate and reliable information about land plots and their owners so that they can be easily identified.
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.
How might the situation threaten you if your neighbor built a house close to the fence?
- If one neighbor built a house close to the fence, then his windows may be opposite the windows of the second neighbor, which will cause some housing discomfort.
- During rain, runoff water can fall on the second neighbor's building, which will negatively affect the entire building.
- Closely built houses create shade between them. In this case, the possibility of any plantings is practically excluded. This also has a negative impact on the building itself, because the side that is always in the shade does not dry out well, especially if sewage gets on it during rain.
- If the first neighbor built a house close to the line of a fence that does not yet exist or on the boundary itself, and then wanted to build a fence, then the second neighbor loses a significant part of his plot.
The construction of a private house on a boundary is possible if one of the neighbors has given a written agreement to this effect.
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 minimum permissible distance between houses is fraught with the following circumstances:
- the close proximity of window openings causes discomfort among residents;
- risk of fires due to the close proximity of buildings;
- the threat of sewage flooding the premises of a neighboring house;
- houses located in close proximity create shadows, which prevents the favorable cultivation of plants and creates a lack of sunlight in the living space;
- If neighboring buildings are too close, the placement of fences becomes problematic, because while one neighbor maintains a convenient distance, the other loses this opportunity and will be forced to install a fence against the wall of the house, which is extremely inconvenient for comfortable movement around the site.
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.
Technical requirements for enclosing structures
The construction of fences is not strictly regulated by building regulations. However, some technical requirements may apply to enclosing structures:
Construction standards and rules that relate to the construction of fences and enclosing structures in most cases are only advisory in nature.
But there are still some rules that experienced experts advise to follow:
- the height of the fence between sections should be no more than one and a half meters;
- in order not to unnecessarily darken the surrounding areas, the fence should not be continuous;
- the material for the manufacture of external fences is not established by standards and can be chosen at will;
- external fencing with a height of more than two meters must be approved by the architectural service;
- if the fence is built along the highway and exceeds one meter, then it requires approval in any case. This rule also applies to corner areas, since they have the maximum length of the fence.
The process of building a small fence
Types of fencing
In order to mark the boundaries of your territory and protect it from strangers, you can use a wide variety of types of fences.
The most common are the following:
- Shield fences. They are assembled from panels in which the boards can be arranged both vertically and horizontally. Fences made from vertical panels are considered more durable, but at the same time their price is higher;
- Palisade Today it is practically not used, since in itself it is not durable;
- Trellis. It is made from thin wooden slats that are connected together into square cells. This type of fence belongs to decorative fences;
- Chain-link fence. It is practical, has good strength, but does not have an aesthetic appearance.
Fences made of corrugated board, brick, concrete, natural and artificial stone are also very popular.
Photos of decorative trellises
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.
What to do if a neighbor built a house on the boundary
What to do if a neighbor built a house close to the fence? Let's start with the fact that it is easier to prevent such a situation than to solve it later. Building a house is a long process, so if you see that a neighbor has started a construction project that may infringe on your rights and affect your comfortable stay on your property, it is better to intervene in the early stages, when it is easy to make adjustments and appropriate changes to the construction plan.
If the house has already been built, you need to find out whether you or the other owners of your site gave written permission for the neighbor’s house to be built on the boundary.
If nothing of the kind happened, or only a verbal agreement was reached, which has no legal force, you have the right to demand compensation from your neighbor for the inconvenience caused. Another important aspect: check your documentation for the land plot:
- whether proprietary rights to it have been registered;
- whether a cadastral passport has been received;
- whether the surveying procedure has been carried out.
If you have not secured ownership of the plot, a neighbor may initiate a land surveying procedure and, due to the fact that a house has already been built on his plot, may demand that the boundary be moved a meter towards your plot, and this demand will be satisfied . If the neighbor takes the first step, the court will take his side and deprive you of one meter of territory in favor of the neighbor’s plot, since this meter is needed to repair the wall of his house.
Try to resolve the situation through negotiations with your neighbor on mutually beneficial terms. If the neighbor does not want to make any concessions, file a claim in court. An appropriate examination will be appointed, and due to non-compliance with fire or sanitary standards, a decision may be made, including the demolition of an object built in non-compliance with legally established standards.
