Building on a boundary wall: Building a Boundary Wall
Building on the Boundary | Collier Stevens
The party wall act permits you to build up to or astride the line of junction / boundary with your neighbour —
but the correct notices must be served and the correct process followed.
Yes. The Party Wall Act permits you to build up to or astride the line of junction/boundary with your neighbour, but the correct notices must be served and the correct process followed.
Steven Way, Practice Principal of Collier Stevens, says, “There is often a misunderstanding here. Without a neighbour’s agreement, there is no right to build a wall over the boundary line. The Party Wall Act DOES permit foundations to be built over the boundary, but only ’where necessary‘. In my opinion, they are never necessary for domestic work and are seldom necessary for larger projects. In nearly all cases an eccentric foundation, where the wall sits on the outer edge of the foundation, can be designed. These are one of the most commonly used foundation designs in rear or side extensions and are usually preferred by Party Wall Surveyors. ”
Here we answer more of your questions in detail.
The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour’s consent.
Only if it is a party wall – that means the boundary line must run through it. If a wall is wholly on one side or the other, there is no right to use it granted by the Party Wall Act, but there is a right to cut a flashing into it.
There is no right to build on your neighbour’s land except to place foundations for a new wall. The act permits footings to be placed on next door’s land only ’where necessary’. In nearly all cases an eccentric foundation, where the wall sits on the outer edge of the foundation, can be designed which means that no foundation needs to project into next door’s plot.
If you want to build a wall or garden wall astride the boundary line (called the ‘Line of Junction’ in the Party Wall Act), you must tell your neighbour by serving a notice, called a Party Wall Notice.
If you want to build a wall astride the boundary line, it will be as a party wall, and you can only do this with your neighbour’s written approval. You must also inform the adjoining owner if you plan to build a wall wholly on your own land but up against the boundary line, but in this case, your neighbour cannot prevent you from building such a wall.
The Act sets out the precise information you must tell your neighbour, and this must be in writing. There is a standard Party Wall Notice to make sure that this is done correctly, and we’ve uploaded templates to help you. The correct template to complete is a “Section One” notice. Alternatively, you may feel happier appointing a party wall surveyor to do this for you. Collier Stevens has a competitive fixed fee service which includes serving the correct notices.
There is no right to build astride the boundary, and if your neighbour objects, then you might have to alter your drawings, so it is best to check early on.
If you build on your land away from the boundary (even by a small amount), you will not need to notify your neighbour.
However, if you are forming foundations, you may need serve a notice under Section 6 of the Party Wall Act, if their building is closer than 3m. See also “Excavating Near Your Neighbour”.
Yes, there is no restriction on this, but you will almost certainly need to serve a notice for adjacent excavation. If you find the foundations are over your side, you will need to serve a party wall notice to cut these away, and you may have to underpin their wall at your cost.
At least one month before the planned starting date for building the wall.
The adjoining owner has 14 days to agree in writing to the building of a new party wall astride the boundary line. If they do this, the work may go ahead.
If the adjoining owner does not respond or objects to the proposed new wall astride the boundary line, you must build the wall wholly on your own land, and wholly at your own expense.
No. But because the wall is shared, if your neighbour wants to use it later on, perhaps as a part of their extension, the Act says that they will need to pay you compensation..jpg)
This is usually (but not always) half the cost of that part of the wall, including its foundations, that has been used.
You may start work one month after you serve your notice. This work may include footings and foundations that extend under the adjoining owner’s land.
The wall will be built wholly at your own expense, and you will have to compensate any adjoining owner for any damage to his property, garden or plants caused by the building of the wall or the placing of footings and foundations.
If there is a disagreement about any work on a boundary line, including compensation, then Party Wall Surveyors should be appointed, and the dispute settled using the resolution procedures in the Party Wall etc Act. This usually means that a Party Wall Award is agreed upon. For more details about disputes, see ‘Resolving Disputes.
Only if the boundary line runs through it. If it does, it is known as a party fence wall and can be used by either neighbour.
If the wall is all on one side or the other, it is not a party wall, and it can only be used by the neighbour who owns it.
Boundary Wall Design and Construction – Step by step
Boundary Wall Design and Construction
Gone are the days when we lived in tandem with our neighbours, as one single large family. Now-a-days all of us want our privacy and are not ready to compromise it for anything in the world.
That brings us to the importance of good fencing or boundary wall design and the famous poem by Robert Frost that said “Good fences make good neighbours”.
Let us look at compound wall design and its step by step construction, in this post. In one of our earlier posts, we have seen about natural fencing options. Today let’s look at their concrete counterparts.
Masonry Compound wall
The masonry compound wall is the most used one nowadays. Red bricks, hollow bricks or cement blocks are used for building these walls.
How to design a boundary wall and construct it?
Footing
The first step in constructing a compound wall is defining the boundary. Setout is done to mark the property boundary. After the boundaries are set, earth excavation is done. In most cases, a shallow level earth excavation would suffice. This is because the compound wall as such is not a heavy structure.
In places where the soil is good, an excavation of 1 -1.5 feet is made. Usually, rubble is used for the footing. On top of the rubble, a layer of PCC (Plain Cement Concrete) is placed.
In places where the soil condition is not very good, in addition to the above-mentioned steps, a reinforcement should also be provided. For this, a layer of PCC is first applied in the excavated pit, then rubble is packed. This is followed by an RCC belt. This process enhances the stability of the compound wall.
If the soil condition is extremely poor like in a marshy terrain, and warrants the use of piling or raft foundation, a deeper footing is required for the boundary wall.
In such cases the depth of the excavation should be higher and the usage of RCC belts is recommended. In some cases, your structural engineer may suggest a column footing for the boundary wall.
A belt is provided on top of the dry rubble work, and this completes the footing work for the boundary wall.
Blockwork
The next step is to do the blockwork or brick work for the compound wall. Bricks or cement blocks can be used for constructing the wall. 4-inch blocks are used so that the weight of the wall can be optimized. However, the stability of the wall will be adversely impacted if the length of the wall exceeds 8 feet (approx. 2.4m – 3m). In order to address this issue, pillars made of bricks are provided at a gap of every 8 feet. These pillars ensure that the walls remain stable.
Height of the boundary wall
The normal height of a compound wall is 4ft – 6ft. Block work is done upto the required height. Coping work is done at the top of the brick wall. Make sure that the compound wall is not higher than the house as it may block the flow of positive energy.
Plastering
After the brickwork is completed, design plastering is done. Plastering can either be plain or according to a design specified. Holes, cuttings, cast iron grillwork and other design elements can also be incorporated into the walls at this stage.
Wall decoration
The wall is then painted. Texture painting, cladding work, accent lighting etc can be used to decorate the wall at this stage.
Gate
In order to secure the compound, a gate is necessary. To fix the gate, RCC pillars are required. The clamps of the gate are fixed into the pillars before the concreting is done.
Have a look at a compound wall construction in one of our sites.
The soil in this site was good and so only a shallow footing was done.
Other Types of walls
Retaining wall
A retaining wall is a structure that is constructed to withstand the lateral pressure of the soil.
It can also be used to stabilize steep slopes. This is particularly important in places that are prone to landslides, flash floods etc.
Some of these walls can be massive as they need to counter act the soil pressure. Materials like stone, concrete can be used for creating the retaining walls.
Gabion Wall
Gabion wall is a retaining wall have rectangular wire meshes that are filled with rocks or other similar materials.
Tips for beautiful boundary wall design
Cladding tiles – cladding tiles bring elegance to your compound walls. Tiles of several shapes and patterns are now available.
Texture painting – Add colour to your boundaries. Several waterproof texture paints are now available in the market that can give a completely new look to your walls.
Design elements – Holes, cuttings, grillwork etc can break the monotony of your compound walls.
Vertical Garden – A boundary wall is an ideal space to add some greenery to your compound.
Accent lighting – Adding a few lights can serve the dual purpose of brightening up your compound and being soothing to your eyes.
Can My Neighbour Build On A Boundary Wall?
We appreciate people carrying out building works in Surrey have the requirements of The Party Wall Act thrust upon them. We also understand it can be a daunting process for those that have not experienced it before.
We are party wall surveyors in Thames Ditton, Surrey and we have recently worked to resolve party wall disputes in Esher, Kingston, Weybridge and Guildford. We are pleased to provide a local and relevant explanation of party walls and The Party Wall Act.
Find out more
What is a party wall?
Party walls are usually walls built on the land of two owners. They separate buildings belonging to different owners and could also include garden walls built astride a boundary – known as party fence walls.
Can My Neighbour Build On A Boundary Wall?
The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act.
Boundary walls are referred to in the Act as “Party Fence Walls”. The definition set out for a party fence wall is:
“a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands”
The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.
What Rights Does My Neighbour Have?
Section 2 of the Act provides the following rights to people wishing to alter a boundary wall:
- To underpin, thicken or raise a party fence wall
- To make good, repair, or demolish and rebuild, a party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall
- To demolish a party structure which is of insufficient strength or height for the purposes of any intended building and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner)
- To cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course)
- To cut away any footing or any projection in order to erect, raise or underpin any such wall or for any other purpose
- To cut away or demolish parts of any wall or building overhanging the land of the building owner, to enable a vertical wall to be erected or raised
- To raise a party fence wall or to demolish and rebuild a party fence wall
- Before carrying out this work, the person wishing to do so (known as the building owner) must serve a valid notice to clearly set out what they intend to do.
Notices
The workings of the Act are always instigated by the of issuing notices.
Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.
Resolving Disputes
If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed.
It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.
Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award
The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).
The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.
Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.
Learn more
We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.
We hope this has been useful. If you have any questions please contact us at: [email protected]
Head Office
Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747
London Office
Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213
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Do certain walls match certain types of houses? Various styles of walls can be build for example Tuscan, Victorian, Spanish or any other modern design. What are the various different costs involved? What factors influence the cost of What are some of the things homeowners need to be wary of? The quality of the materials used Article Source: http://www.articlesbase.com/home-security-articles/building-a-boundary-wall-390394.html
Articles:
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Srikumar Pai
Municipal approved plans are needed to build any permanent structure on a property. 
Any demarcation system is a common boundary between the two parties and therefore the other party has the right to object.
Boundary walls should match the same finishes as the house or building to maintain aesthetic consistency.
?Can My Neighbour Build on My Boundary Wall?
Posted on: 25 Mar 2022 by Jack Pye, MRICS
While you might be confident that your neighbour would not be able to build on a shared boundary line, in fact, with the right permissions and notices, they may be able to do just that.
If your neighbours are considering such work, it’s essential to speak to specialists and be as informed as possible to ensure the work doesn’t disrupt or affect your property more than it has to.
What rights does my neighbour have?
So, what exactly is your neighbour able to do? The work they can carry out and where they can do it is defined in the Party Wall Act. This states that your neighbour can build up to the boundary. They may also build astride the boundary line, but only with your permission.
Under the terms of the act, those wanting to alter a boundary wall can:
- Underpin, thicken or raise a boundary wall
- Make good, repair, or demolish and rebuild a boundary wall where necessary
- Demolish a party structure that is of insufficient strength or height for any intended building and rebuild it so it is suitable
- Cut into a party structure for any purpose, such as inserting a damp proof course
- Cutaway any footing or any projection to erect, raise or underpin a boundary wall
- Cutaway or demolish parts of any wall or building overhanging the land of the building owner to enable a vertical wall to be erected or raised
- Raise a boundary wall or demolish and rebuild it
However, it should be noted that this depends on notices being issued – your neighbour can’t simply start working on a boundary line when they want to.
Instead, they must set out what they intend to do and serve written notice on you and any other adjoining owners at least two months before starting any party wall works. While you can’t prevent work that is allowed under the Act from being carried out, you can raise a dispute in response to the notice. This will require a party wall surveyor to assess the situation and make an award that determines how the works will be carried out.
Your neighbour must also inform you if they plan to build a wall wholly on their land but up against the boundary line, although in this case, you cannot prevent any work from taking place. Construction can begin one month after notice has been served.
Interestingly, should they move the work even a minimal distance away from the boundary, they would no longer have to notify you in most cases.
When it comes to allowing your neighbour to build astride the boundary line, you’ll have 14 days to agree in writing once you’ve been served notice.
If you do this, the work can go ahead. If you don’t respond or object to the proposal, your neighbour must build the wall wholly on their land and at their own expense.
Can a neighbour use the boundary wall as part of their extension?
If it’s a party wall, which means the boundary line runs through it, your neighbour is entitled to use the wall in their extension, but they may need to serve a notice enclosing on the wall and for adjacent excavation. If, however, the wall is wholly on one side or the other, the Party Wall Act grants no right to use.
Of course, this right works both ways, so if you’re planning an extension, you can also build up to the boundary wall. Neither party has any right to build on the other’s land except to place foundations for a new wall where necessary, but this is unlikely to happen during small, domestic projects such as an extension.
What obligations must your neighbour meet?
Your neighbour’s specific obligations will vary depending on the works being carried out, but, as a rule, in addition to serving notice, they must also commit to taking reasonable care when carrying out the works, including avoiding unnecessary inconvenience to you.
They must also pay all costs associated with the work and compensate you for any damage.
Work must begin with 12 months of serving you notice, and it must be carried out in line with what was agreed.
In return, you must allow contractors access to your property as agreed if it’s required for the party wall works.
The Novello Approach
Party walls are complex, and situations can soon escalate as homeowners understandably worry about the impact of their neighbours’ plans on their property. While keeping dialogue open is essential, calling in expert party wall surveyors will help the process run more smoothly and ensure all parties are clear on their obligations. At Novello, we’re a team of highly experienced, RICS qualified surveyors that can work on behalf of you as the adjoining owner or as a surveyor for both parties. Whatever the situation, we promise to be responsive, efficient, clear and impartial, handling any party wall matter with transparency, honesty, fairness and punctuality. We can prepare Schedules of Conditions and Party Wall Awards, so you’re clear on what work is being carried out. Hence, you’re aware of your rights and what your neighbour must commit to and help avoid disputes, so you don’t have to worry about costly legal battles or avoidable damage to your home.
Contact us today to find out how we can take the worry out of party wall works.
Walls And Boundaries: Rights & Problems
If you’re planning to carry out work to a wall, floor or ceiling that is shared between you and the owners of another property, then you may need to seek permission of the other owners.
A law called the Party Wall etc Act 1996 applies if the work you carry out could disrupt or change a neighbouring property. It provides a framework for preventing and resolving disputes by requiring you to notify your neighbours and allowing them to refuse permission to carry out the work unless a surveyor is brought in to reduce the risk of damage.
The Act is separate to obtaining planning permission or building regulations approval.
The law applies to any change to the nature of the party structure shared with the property.
Disputes arise more often in connection with external rather than internal walls. Possibly it is more difficult to move an internal wall, so there is less room (pun intended) for problems to arise!
Keeping neighbours on-side is important, even if the law doesn’t require you to obtain their permission. When you come to sell your property, the buyer’s conveyancer may ask whether you have had any disputes with neighbours and if so, the conveyancer may seek further information about the reasons and the quality of the work done.
What is a party structure?
Party structures are walls, floors and ceilings that separate two or more properties that are owned by different owners. As examples, two semi-detached houses share the party wall between them, while a ground floor flat shares a ceiling or floor with the flat above.
A party structure is one that:
- stands on the land or property of two or more owners, either forming part of a building or not (such as a garden wall)
- stands on land or property owned by one person, and used by other owners to separate their buildings
The wall, floor or ceiling must be structural – wooden garden fences, path rails, and coverings are not considered to be party structures. Temporary structures such as most sheds are excluded.
The definition of a wall is not clear. However, it would cover most boundaries such as brick concrete and stone walls. Hedges are certainly not walls. Hedges and ditches are covered by a different piece of legislation.
The Act applies where you are either changing the nature of the party structure, or where your work is sufficiently close so that the structure may be changed as a result.
As examples, you may be:
- building a new wall or a new building on or at the boundary of two properties
- carrying out work to an existing party wall or structure, for example, removing a chimney, or changing the dimensions of the wall
- carrying out work that affects the use of the structure, such as cutting flashings, or re-routing rain spouts, water pipes, sewer pipes and other water conduits
- drilling holes in the wall, such as to install strengthening beams or to inject damp proofing
- knocking down or rebuilding a wall
- digging below the level of the foundations of a neighbours property
Minor work such as plastering a wall or accessing electrical wiring does not require you to notify your neighbours, although it is often a good idea to inform them if any problem could affect them.
The Party Wall Act obliges you to serve notice of the proposed works on your neighbour so that they may agree to it being carried out or not. After all, your work may damage the integral structure of his or her property. If your neighbour does not agree to work, you must appoint a surveyor to prepare a party wall award.
Types of notice
You are required to give different types of notice for different types of work:
- a Party Structure Notice should be used when alterations are made directly to the party structure, including when cutting holes, cutting flashings and removing a chimney
- a Notice of Adjacent Evacuation should be given when you excavate within three or six metres of your neighbours building
- a Line of Junction notice should be used for the construction of a new wall adjacent or astride to a boundary
Examples of all types of notice can be found for free on Gov.UK.
When to serve notice?
Notice must be served to all neighbours whose properties are adjacent to the work being carried out at least two months before work starts.
Once notice has been given, work can start within a year. If the year elapses, new notice must be given.
If you fail to give proper notice, the owners of the adjacent property can apply to the Court for an injunction to prevent you from carrying out the work.
Once you have given notice, the neighbour may do one of three things: reply positively, reply negatively, or do nothing.
If he or she consents in writing, then you may start the work.
If he or she does not consent, or does not reply within 14 days of serving the notice, then he or she is regarded as not approving of the work. In order to carry out the work, you need to appoint a surveyor to adminster the Act – to propose how risks can be reduced and mitigated so that the work becomes acceptable.
The surveyor will determine what work can be carried out and impose conditions as necessary. These conditions called an ‘Award’. The Award also records the condition of the neighbouring property before the work begins, deals with arrangements for access, sets out the work to be carried out and the way in which it should be carried out.
The property owners must abide by the Award. If, later, the work agreed within the Award is to be altered in any way, the changes must be assessed and approved by the party wall surveyors.
Commonly asked questions
Who pays the surveyor’s fees?
The owner who first planned the work will usually be responsible for costs associated with the Award but the surveyor may decide that they should be apportioned where there are benefits to other parties.
Who pays for the building work?
This is settled by agreement. If there is a dispute, it will be covered by the Award.
What about access?
Access must be provided, under the Act, for party wall works.
Can I build astride the boundary line?
Only by agreement.
What is the notice period for boundary fence walls?
At least one month’s notice is required.
What about excavations near to neighbouring buildings?
The Act will apply in certain circumstances to excavations, foundations and underground construction within 6 metres of a neighbouring building.
Can the Act be used to resolve a boundary dispute?
No, but in many cases the Act will prevent disputes arising in the first place. It includes many more detailed procedures and provisions beyond the scope of this introductory article.
Points to consider regarding negotiations
- By far the best way of settling any point of difference is by friendly discussion with your neighbour.
- Always put an agreement in writing. Memories fade, demands change and new neighbours never knew.
- If you have an agreement, make sure you tell your solicitor before you try to sell your house. Your formal title may need to be changed at the Land Registry or may be the situation should be declared to prospective buyers to avoid future problems.
- An agreement with your adjoining owner does not remove the possible need to apply for planning permission or to comply with building regulations.
- You cannot stop someone from exercising the rights given to them by the Act, but you may be able to influence how and at what times the work is done.
- If it is you who wishes to take action, and then take a pragmatic approach to any work that may have an impact on an adjoining property. Follow the correct procedure and secure in advance an official agreement with all relevant parties. That saves delay in your project if someone complains.
60 years ago the construction of the Berlin Wall began
In the early morning of August 13, 1961, a new chapter in the history of post-war Germany opened: there was a physical division of Berlin into East and West through the construction of a system of border fortifications, called the Berlin Wall. For 28 years, the two parts of the city were separated by a strictly guarded border zone, which could only be crossed by a few thousand people at great risk to their lives. Several hundred at the same time paid with their lives for trying to escape. Walled West Berlin finally became an enclave in the territory of East Germany, which de facto included East Berlin, which was considered the capital of the GDR.
All this was preceded by rather complex political and economic processes. After the victory of the Allies over Nazi Germany, the entire territory of the defeated country was divided by the victorious countries into four occupation zones. In the same way, the German capital, Berlin, was divided into four zones. On December 2, 1946, the American and British zones of occupation were merged into a single Bizonia, and on June 3, 1948, the French zone joined them, as a result of which Trizonia was formed. June 20 1948 an overdue monetary reform was carried out in this territory, three days later the Soviet occupying authorities carried out a similar monetary reform in the Eastern zone, and each side began to build life in the controlled territories at its own discretion. In words, no one wanted the separation of Germany and Berlin, but both were inevitable.
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Soon after, the Soviet authorities closed the borders of their occupation zone, thus blocking West Berlin, which they intended to completely annex to East Germany.
Almost a year after that, the Western Allies maintained an air bridge, through which the population of West Berlin was supplied with food, medicine and fuel, then the blockade was lifted. November 19In 1958, Khrushchev demanded in an ultimatum form that West Berlin be turned into a “demilitarized free city”, but the corresponding negotiations were unsuccessful.
The ability to relatively freely cross the border between East and West Berlin, work in one part of it, live and study in another, and also at any moment finally move to the West led to the inevitable mass drain of goods and specialists not only from the GDR, but also from all countries of the Eastern bloc.
There were many checkpoints, but there were always illegal routes besides them. Shortly before the construction of the wall, one in ten workers in East Berlin allegedly worked in West Berlin, the neighbors looked at them with envy and many really wanted to stop it all. Peaceful coexistence and competition between the two systems did not work out, the alternative to the Berlin Wall was only an armed conflict with unpredictable consequences, therefore Western countries, in general, calmly, although bitterly, reacted to the prospect of a complete separation of Germany and Berlin and the establishment of a kind of status quo.
Even two months before the construction of the Berlin Wall, in response to a question from a Western correspondent, the leader of the GDR, Walter Ulbricht, emphatically denied the very possibility of such a possibility: “There are people in West Germany who want us to mobilize builders who will build the wall. I am not aware of such intentions. The builders of our capital are busy building housing… No one is going to build a wall!”
The leadership of the USSR was also cool about this prospect, however, the situation, which sharply worsened in the summer of 1961 years, led to very quick decisions and actions. In total, over 200,000 people crossed to the West in that year, and more than 30,000 East Germans fled in July alone. In early August, a historic decision was made in Moscow to build a wall, as if to embody Winston Churchill’s old prophecy from his 1946 Fulton speech about the “Iron Curtain”.
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On the night of August 12-13, 1961, troops were drawn to the borders between West and East Berlin, blocking at the same time all the possibilities for crossings within the city.
Initially, only separate concrete blocks and barbed wire appeared on the site of the future wall, but on August 15, the direct construction of capital structures began. The closure of the border was still considered a temporary phenomenon, special unrest, as in a crisis 1953 years, did not follow, the inhabitants reconciled with the power of the SED – the Socialist Unity Party of Germany.
The reaction of the Western powers to the construction of the wall was rather sluggish. It is even possible that the former allies were notified in advance, and they only stipulated an indispensable condition: unhindered access to West Berlin, that is, the exclusion of a repetition of the blockade. “The wall is a hell of a lot better than war,” said US President John F. Kennedy. However, when he visited West Berlin in June 1963, six months before his death, and delivered a speech about the wall in front of the Schöneberg town hall, he touched everyone with the historical phrase: “I am a Berliner.
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Influential Senator James Fulbright went further and even two weeks before construction did not object to it in his speech on American television: “I don’t understand why the border with East Germany is not simply closed. In any case, the Russians are able to do this… If the Russians close the border next week, they will not violate a single treaty. And East Germans have a right to it too.” British Prime Minister Harold Macmillan echoed him: “East Germans hold back the flow of refugees and hide behind an even thicker iron curtain. There is nothing illegal in this.”
In Germany, the construction of the wall was treated more painfully and until the end of the 1960s, with the filing of Chancellor Willy Brandt, it was officially called the “Shameful Wall”. In the GDR, the ideological name of the “sectoral border” was also not allowed to drift. The campaign committee of the Politburo of the SED approved the term “Anti-fascist defensive rampart”, however, the very construction of the wall and the instructions transmitted to the border guards meant rather than defense from an external enemy, but the exclusion of the flight of their citizens.
Gradually, the Berlin Wall, which was the most complex fortification structure within the city, based on the most advanced engineering developments, developed and rebuilt. Buildings and residential buildings adjacent to the border were demolished for the sake of the second line of walls, telephone, tram and other transport communications, including the subway, were broken. Long before the border, East Berlin passers-by were greeted with signs “Stop! Border zone. No entry”. The original individual concrete slabs, brickwork with barbed wire, or even Bruno’s spirals thrown onto the bridge were replaced by special industrial concrete segments many meters high with impenetrable cylindrical barriers on top, a metal mesh with barbed wire and numerous watchtowers, where reports of triggering flocked alarms.
The structure had powerful inner and outer perimeters, between which a control and trail strip ran, service dogs ran across the well-lit space and motorized patrols moved.
Minefields, rows of anti-tank hedgehogs and lanes studded with metal spikes to delay vehicles were also used – “Stalin’s lawns”. In some places, inconspicuous doors were built in to check the condition of the outer part of the walls. The total length of the Berlin Wall was 155 km, it also passed through the very heart of the city – at the Brandenburg Gate, located in the eastern part of Berlin, and in front of the Tiergarten in the western part.
The last major upgrade took place in 1975. Toward the end of the 1980s, there was talk of installing video cameras, motion sensors, and even remote-controlled machine guns.
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There was also no complete trust in the border guards themselves, chosen from the most trusted military personnel, the outfits were shuffled randomly to avoid collusion, and in case of disobedience to violators or comrades, they were allowed to open fire to kill. An exception was made only for defectors from West Berlin (and there were also such).
Following the construction of the wall, an invisible confrontation began between the engineering genius of the builders and the ingenuity of those who tried to escape from the GDR in the most unthinkable ways. So, dozens of people escaped, digging underground tunnels, someone made flights on hang-gliders, makeshift planes, balloons sewn from separate patches, used ropes thrown between windows, rammed walls with trucks, buses, bulldozers, road rollers, even a steam locomotive – along the old paths left under the wall. Once, a sports convertible passed under a closed barrier. Graffiti was painted on the western side of the wall and towers were erected to observe the life of East Berlin through binoculars.
For all the time there are over five thousand successful escapes and hundreds of victims. It is not possible to establish the exact number of deaths, since the government of the GDR tried to hide such cases. 8 East German border guards, on the contrary, were killed by defectors and shots from the territory of West Berlin, about 200 people were injured, over three thousand were arrested. According to the criminal code of the GDR, an escape from its territory was punishable by ten years in prison.
But in 1989, the Berlin Wall, which seemed so unshakable, was nevertheless destroyed with the advent of Gorbachev’s perestroika, when the omnipotent SED and the Stasi secret police lost power. As a reminder, only separate sections of the wall remained, small pieces scattered all over the world and signs for tourists at the site of terrible tragedies. Following the wall, the GDR soon went into oblivion.
Building wall along the fence line with a neighbor
Private questions
Svetlana, Krasnovidovo, Istrinsky district Answer the question * lawyers and cadastral engineers of the GKI Nedkadastr group consult free of charge on the forum
Good afternoon.
Quite right, the location of non-residential buildings should be, according to SNIPs, at a distance of at least 1 meter from the border of an adjacent plot. You have the right to first apply to the local administration with a statement about the illegal location of the neighbor’s summer kitchen. The local administration should respond to your appeal and conduct an on-site inspection. In case of violations in the construction of this kitchen, they must issue an order for the transfer of this property or demolition. If your neighbors do not respond in any way to this order, you have every right to go to court with a claim for violation of your rights.
GKI Nedcadastre – cadastre and geodesy
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Reply27185
House of the 40s. The wall acts as the border of adjacent areas. A neighbor put up a duplicate border in the form of a fence made of wooden poles and chain-link mesh.
At what distance is the duplicate boundary set?
Reply27202
Good afternoon! The concept of a duplicate border is absent in the current legislation. If the wall passes along the boundary line, then it serves as its designation. If it is necessary to maintain a wall, blind area, water drains located on the territory of a neighboring land plot, you can do this either by agreement with a neighbor, it is better to sign an easement agreement with him (the right to limited use of someone else’s land plot), or establish an easement in court . To clarify the situation, it is better to invite a cadastral engineer and conduct a survey of land plots, while finding out where the border actually passes.
GKI Nedcadastre – cadastre and geodesy
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Reply27507
org/Answer”>
Hello. A neighbor has built a building on the boundary, which is registered according to the cadastral plan, the wall of which is a fence between the plots. Can I stack firewood close to the wall, or is it against the law? Thank you.
Reply27155
Hello! You do not have the right to stack firewood near the wall of your neighbor’s house, this is a violation of fire regulations, and in the event of a fire and evidence of your guilt in this, you will be obliged to compensate the damage in full. According to fire regulations, a reinforced concrete container is required for storing firewood and it must be located at a distance of at least 1 meter from the neighboring fence, and in your case this distance should be from 12-15 meters. You need to clarify the boundaries of the site and understand whether the wall of the neighbor’s house is really the boundary between the sites.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply27208
We have a summer kitchen built in the same way, which is registered as a residential building, can a neighbor have claims that the norms from the tour are not met, construction 2000.
Reply31304
Hello Victoria. Your building is registered, so even in court the neighbor will not be able to present anything.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31307
Good afternoon, please tell me with the border of my plot of 30 cm, there is a neighbor’s house (built a long time ago), can I put up a fence? At least a meter of which, so that cats, dogs do not climb, and also their thickets do not climb to me.
Reply30012
Hello Oksana. You can put a fence up to 1.8 meters, but I recommend stepping back from the neighbors’ house – 1 meter. This is the minimum allowable indent for maintenance and repair by a neighbor of his house.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30015
It’s sad that because of them I have to donate my land, and I already have 3 acres on which there is another house, thank you very much you for the answer. Another question: that is, if I step back a meter from his house, then I can set the height of the fence to 1.8, despite the fact that they have a window?
Reply30030
org/Answer”>
Hello Oksana. Yes, you can put up a high fence, despite the fact that the neighbors have a window on this wall.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30032
me in the yard. What to do?
Reply30390
Hello Denis. First, write a complaint to the Administration. They will conduct an on-site inspection, and if they find violations, they will issue an order to the neighbor.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30393
Hello, where exactly is it written that at least 1 and? between two old houses the distance is 2 meters.
We divide the land and cannot find information that you should not come closer than 1 meter to us. Help me please. Where is this written?
2020-12-09 20:24 amended question:
Hello. Since 1966, a semi-detached house has stood on the site. In 1974, a private separate house on a separate foundation (our house) was placed at a distance of 2 m from it. They connect both houses with boards and call names a separate house of sq. 3. They managed to divide the houses in court. The house is recognized as separate and registered. The passage between the houses was captured by the neighbors (deceit) and in it they (neighbors from apartment 2), having forged documents many years ago (visually visible), make their way out through this passage to the street and register it through Rosreestr without notifying us as owners. Now the exit from their apartment (neighbors from apartment 2) has been moved a few meters closer to the street, but it is not registered in the register and there are no permits for this.
In this passage, the neighbors dug a sewer, which, having settled, led the wall of our house behind it. Also, along the entire length of our site with a huge slope, they made concrete steps, while organizing the flow of melt and rainwater right under my house. We are dividing the land and we can’t divide it in this particular space between houses. The court of first instance divided it equally, but the neighbors disputed. There was an examination, and the experts suggest that we make a border 10 cm from our wall and an easement for the entire passage, but all this makes all court decisions earlier and already in force null and void (we made sure that the neighbors removed all the doors and partitions that interfered with us freely pass to our walls). How to prove that closer than 1 meter to my walls, they do not have the right to attach themselves (they want a porch). They do not give me the opportunity to restore the house and maintain the walls at all. The police are tired of us, they constantly get into a fight, they are ready for another examination, but now there is an appeal and a court the other day.
Reply30831
Hello Tatiana. And so it seems to have to be done. In the described situation, only an easement can be established on the passage with a ban on building on it. So live.
GKI Nedcadastre – cadastre and geodesy
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Reply30844
Hello, where are these norms about the minimum indent (1m) for servicing your house in the neighboring territory? I would like to learn more about these rules.
Reply31776
Marina, good afternoon. The norms for the construction and location of objects on the sites are enshrined in the Town Planning Code and SNIP.
GKI Nedcadastre – cadastre and geodesy
info@gkai.
ru
Reply31777
Good afternoon. When dividing a house in shared ownership, can the wall of the room go along the dividing line? or sure! need some area to maintain the wall?
Reply30451
Hello Anna. There may also be a section along the border of the wall, however, judges are often guided by the fact that it is necessary to leave a space for servicing the wall of 1 meter.
GKI Nedcadastre – cadastre and geodesy
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Reply30458
Hello. The wall of my house (bathroom and toilet) is the boundary of the site. Neighbors built a living space (kitchen, bathroom) a meter from my wall.
Also, my bathroom is a meter below their level (it turns out I have a basement). Three years ago, by chance, I saw that the neighbors dug a hole, half a meter deep at the corner of my house (bath), covered it with a grate. There they have some kind of pipe (along the fence), into which their stormwater drains. You understand that melt and rain waters flow down to me under the foundation of the house (into this open pit with their pipe). Decided to remodel the bathroom. Since the basement, plus the neighbors dug a hole at an angle for their storm drain, the walls in the bathroom are up to 1 meter damp. The builders cannot apply plaster, they had to dry the walls with a thermal hair dryer for a week. The builders said that it was necessary to concrete this hole in the corner and make a small blind area, at least 10-20 centimeters, so that water would not go under the wall. The neighbors categorically did not allow me to carry out repair work on the reconstruction of the wall on their territory.
The work would only take one day. First question: do they have the right to dig a hole in the corner of my house? The second question is to establish an easement? Third question: What are my chances of successfully resolving my case? I have attached three photos. You can clearly see the dark places on the bathroom wall from the water, and on the outside of the wall, at the corner, you can see the green brick. Thank you in advance for your reply.
Reply30495
Olga, good afternoon. If you have a dispute with your neighbors regarding the establishment of easement and maintenance, including the repair of your property, then this situation can only be resolved in court.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30499
org/Answer”>
Thank you for your reply. Do you think that I have every chance to win this case and the easement will be established free of charge and for life?
Reply30501
Olga, good afternoon. Yes, such a practice exists, especially in your situation it is necessary to maintain your home. For the court, prepare an examination on the possibility and options for establishing easement.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30504
Hello! The wall of the neighbor’s house is the boundary of the site. Through this wall, a neighbor led a horizontal coaxial chimney, which turned out to be inside our gazebo, the gazebo is located at a distance of 70 cm from the wall of his house, and therefore the exhaust gases of the boiler are blown into our yard.
Does a neighbor have the right to bring a coaxial chimney to our site? Can we install a gazebo at a distance of 70 cm from the wall of the neighbor’s house?
Reply30520
Natalia, good afternoon. All non-residential buildings must be located on the site at a distance of at least 1 meter from the fence. As for the chimney, its conclusion is coordinated with the gas company on the basis of the house gasification project.
GKI Nedcadastre – cadastre and geodesy
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Reply30527
Good evening! At the neighbors, the kitchen wall runs obliquely and one corner comes into my plot of land. I put up a mesh fence and ran it along the wall of their facility. A neighbor, without my knowledge, removed a piece of mesh, installed a heater and pulled the mesh, leaving himself a passage behind the kitchen.
Thus, he grabbed my plot for the entire length of the kitchen and also the barn.
Reply30544
Hello Marina. In such cases, there is only one way out – to establish the boundaries of the site and the location of the fence in court.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply30555
Good afternoon! Tell me, there is a question for the future. There is a garage, which is built close to the house, from the garage to the neighboring fence 2-3 meters. There is a dream to build a workshop with a takeaway above the garage. The nuance is that I want to make the removal of this second floor to the level of the fence, parallel to the fence posts will be the support beams of this removal. In fact, it will turn out from the garage to the neighboring plot on the ground, it will be like a canopy, but above it this is already a room.
The question is, can I afford such an event, and what difficulties can I face in the legal aspect, so to speak, or do I just need to behave a little more modestly and make an extension only above the garage with a minimum removal, which is legal?
Reply30685
Hello Andrey. If the neighbor does not mind, you can take a notarized consent from him and build close to the fence. If without the participation of a neighbor, then it is better to set aside 1 meter from the fence.
GKI Nedcadastre – cadastre and geodesy
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Reply30691
Good afternoon. The wall of my house is the border of the plots. But, at a level just above the basement of my wall, there is a roof of a neighboring house. Can I walk on a neighbor’s roof to maintain the wall of my house?
Reply30721
org/Answer”>
Hello Kirill. Yes, you can, but I recommend that you first talk with your neighbor so as not to scare him.
GKI Nedcadastre – cadastre and geodesy
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Reply30725
Hello, I have an old house, and a boundary has been drawn along its wall. The wall is adobe and the neighbor does not allow to overlay it with bricks. The neighbor says that since this is his land, he wants to build a barn with an indent of 30-50 cm from my house (from the border). The question is whether he has the right to build a barn or a house so close if it is his land, or is he obliged to retreat anyway?
Reply31265
Hello, Vyacheslav. A minimum of 1 meter indent will need to be observed by your neighbor, otherwise this is a violation.
As for the first question, in court you can request an easement to maintain the wall of the house.
State Property Committee Nedcadastre – cadastre and geodesy
[email protected]
Reply31266
Will the neighbor demand a fee if I request easement.
Reply31267
Hello, Vyacheslav. In practice, such easements are established by the courts free of charge and have the only purpose – maintenance of the wall of the house.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31270
Hello! Such a situation, they bought a house in 2018, built in the 50s. The wall of the house is part of the fence with neighbors.
The neighbor’s house itself is located about three meters from our house. Both ours and our neighbors’ houses are built on a hill on a slope, the neighbors’ house is 1.5-2 meters higher than ours. And the wall of our house is still a kind of strengthening of the earth, so that it does not crumble, since our house is lower. At the same time, the house itself and extensions to it are taken into account in the documents. All documentation is in order. Can sucks require us to move the house 3 meters from the fence? I will make a reservation, the neighbor himself also bought his house about 10 years ago. That is, both houses, together with the plots, were bought, not built.
Reply31612
Hello Elena. He can demand, but no one will touch your house – since the object is registered. Do not worry, you can not even go to court until the appointment of an examination.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31617
Good evening, please advise, we bought a house where the extension is right next to the neighbor’s fence, the old owners had a bathhouse there, we dismantled the wooden annex and they put a bath and a toilet right on the foundation of the old one, according to the documents everything is the same, the neighbor scares that if we prevent him from entering through our driveway to the house, he will sue for the construction, but we have it plan, we didn’t build it that way.
Reply32207
Hello Love. If the object is registered, just in case, make a technical plan and make changes to it so that you are not credited with illegal reconstruction.
GKI Nedcadastre – cadastre and geodesy
info@gkai.
ru
Reply31647
Hello! I have such a question, they bought a house and our wall serves as a fence, the windows to the kitchen overlook the neighbor’s yard, so the neighbors do not allow opening the window is it legal, how do they explain to me that they had agreements with the old owners and how I just open it they immediately close it, what to do in such a situation?
Reply31657
Good afternoon, Ulyana. It is illegal, opening a window is not a violation of anyone’s rights. .
State Property Committee Nedcadastre – cadastre and geodesy
[email protected]
Reply31660
Well, they planted such a question under our foundation and poured these seedlings directly, I was told not to swear with them because he can not let them in to your site to repair this wall, what to do in this case, the neighbors are really not good, they all tell us this, you know the impression that they seized a piece of land, because for some reason they asked for the sale from the old owners from whom we bought the house of his private house with a land plot, do you think it might be worth picking up old documents?
Reply31661
org/Answer”>
Ulyana, hello. Firstly, if your house is registered, you can go to their site to maintain the wall. Secondly, I advise you to redistribute the site in such a way that you get a strip of land along the land plot. And, finally, if you get to the court, the court will set the boundaries “along the fence”
State Property Cadastre – Cadastre and Geodesy
[email protected]
Reply31662
Thank you.
Reply31695
Good afternoon! We bought a plot, on the border of which the neighbors dug a pond. The pond did not interfere with the former owner, since the site was not fenced. We are going to put up a fence and suggested that the neighbors fill up this pond, since the border of our plots runs right in the middle of the pond.
Neighbors categorically refuse. They say, put up a retaining wall, fill up your part of the pond, but don’t touch it on our territory. It turns out that we cannot install a fence along the border of the site. Tell me, please, are there any rules regulating at what distance from the border of the plots you can dig ponds? If possible, link to a specific law. I can’t find it on the Internet. We have IZHS. Thank you in advance!
Reply31663
Hello Anna. I don’t know the size of the reservoir, but I can assume that it is small – according to the law, you can only fall asleep on your site – it’s easier to make pillars in the water and put up a fence without filling up the pond.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31669
org/Answer”>
Isn’t the pond common in this case and does it not belong to the land? A pond can be owned if all of its boundaries are on the property.
What do you mean by writing that your site runs in the middle of a pond? How can the border of a land plot pass through water? How did you draw the borders in the middle of the pond? This is the same if the border of the site was across the tree trunk, and you decided to cut down your half. By filling up “your” section of the pond, you will disturb the ecosystem of the reservoir and fall under the Water Code.
Reply31787
Anna, good afternoon. Specify whether the boundary of the plot runs along the boundary of the plot or in the middle. From your message it is not entirely clear when the neighbors dug the pond, if this was done under the previous owner and at the moment there is a partial pond on your site, then when buying a site they should have known about it.
As for the distance from reservoirs to the borders of neighboring areas, it is regulated by SNIPs.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31788
Hello, tell me, please. We are looking into buying a house. But there are many nuances. Initially, it was a large area, apparently, and old houses on it. As a result, the old houses were demolished, they were removed from the cadastre. And the area is likely to be divided. And registered. He himself is a small 5 acres. The wall of the newly erected house is the boundary of the plots. Although the neighbor’s house is far away. The house (which we are looking at) is not decorated. So, in fact, the land is bought with unfinished construction. Is there a great chance that we simply will not be able to issue it, even in court? Thank you.
Reply31677
org/Answer”>
Hello Elena. There is a high probability that they will even draw up a deal for you – they can suspend it. But as for registration – without the consent of the neighbors, the chances are small, so first the consent from the neighbors (preferably notarized), and then the registration process and the fight against suspensions.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31678
Good day! Our barn and shed/shed is on the border with neighbors. They have a garden there. But then they added a shed (just a roof and poles) to our barn to store hay. Is it legal? This is also contrary to fire safety. That is, in our village everyone has this: a barn borders on a neighbor’s garden, and our garden borders on another neighbor’s house. That is, gardens between each neighbor are provided, all according to the plan of the land plot.
That is, a garden is a site on which there should not be anything that contradicts fire safety. Did they have the right to join our barn? What indentation is provided for storing hay under a canopy?
Reply31726
Hello Diana. The minimum indent according to SNIP is 1 meter from the fence. Accordingly, the neighbors violated the minimum requirements, just like you – your ox is on the border
State Property Committee Nedcadastre – cadastre and geodesy
[email protected]
Reply31747
Good afternoon. We bought a finished house with land area of 2.9 m 2 7 years ago. 1 Problem) The neighbors house is old and is located 40ms from our fence. A neighbor made a pavement of tiles from his house to our fence close, raising his level by 60cm.
Since our level is lower, in a year the sand of its blind area was washed away and the tile on its side fell, and on our side its tile squeezed out the fence in our direction and we also have sand. Is it legal to make such a blind area close to the fence? 2 Problem) Since the area of our site is small and there is a house on almost the entire area, where can we make a cesspool? There is no city sewerage in this private sector of the city. From our house to the neighbor’s house is only 4.5 meters (the width of our free plot of land, because his house is only 60 cm from the fence / boundary). From our house to the road 3 meters. There is no fence. Now the cesspool is 0.8 meters from the neighbor’s fence and 2 meters from the neighbor’s house to the cesspool. The neighbor wrote a complaint to the urban planning (after 7 years of silence, everything was fine before). Tell me where we can make a cesspool, if we cannot territorially comply with all the norms of SanPin, because there is only a long narrow yard.
Reply31729
Hello Valentina. 1. The blind area is legal, but it should not lead to destruction for you, then they should strengthen the fence. 2. Cesspool at least 1.5 meters from the fence, the rest of the nuances to the designers.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31746
Thank you for your reply, Svetlana.
Reply31749
My neighbors and I have a part of the adjacent border (about red), running along the wall of their house and separating the common foundation from the end of the plot to the corner of their house (for a long time it was one house for 2 owners, it burned down, remained foundation) this part of the border was established by court with the previous owner, by decision of which they have the right to maintain their wall and suitable communications, such as to paint or fix the foundation, and they put a gate next to the house to access our site, dug the ground (a trench for water pipes) on our territory, since their water pipe broke, they changed it or repaired it (I don’t know if it’s legal at all), they didn’t completely bury the earth back, they throw weeds into the pit.
The first question is – What is the procedure for maintaining their wall and does this service include plumbing suitable for the wall? Further, the border from the corner of their house to the street goes with a break and our part of the site (27 sq. M) wraps in their direction. They fenced it off and use it as a front garden (explaining that before surveying it was their territory) and completes all this tail (width 2m, not fenced off) of their site, which they brought out in front of ours, which almost completely blocks our exit (entrance, we were explained maybe on the other side, i.e. behind from a parallel street, where there is a bad road, a wasteland and no lighting). It remains to leave only 1m to the next neighbors and there is a pillar with the letter L on it! And because of this position of the adjacent border, the neighbors will clearly become impudent with their right to serve, setting an ultimatum that they can fence off their tail, which they basically removed, and then you will walk through the pole and drive from the wasteland.
Cad. engineer suggests changing their tail vol. pink (22 sq. m.) on our about. green (27 sq. M), the territory occupied by them, but they do not get in touch, before that they said that they were completely ready to redistribute the entire adjacent border, and not the disputed part. And why won’t the entire court decision (which was appealed by them, but left unchanged and which suits me) become null and void in this case? How to resolve everything according to the law? The “icing on the cake” is that our gas pipeline passes and has an exit a few steps from the common border, how can we protect ourselves by the fact that during distribution it will go into their territory?
Kaluga.
Reply31750
Hello Marina. You mentioned the decision of the court, why not put the site within the boundaries according to this decision. Redistribution is a working scheme, but requires the participation of 2 parties, it will not work unilaterally.
If they carry out self-capture – write a statement to the Administration demanding to sort it out.
GKI Nedkadastr – cadastre and geodesy
[email protected]
Reply31756
Hello Svetlana. Thank you. Yes, I understand that we can redistribute only together with them, until I go to the administration or to the district police station and until there is an agreement – can I oblige the neighbors to write a lease agreement for the occupied site (not free of charge)? And I would like to know your opinion on the first question: in what order can they enter my territory to maintain the wall of their house and the communications suitable for it, is the gate to my site too correct?
Reply31758
Marina, good afternoon. To draw up a lease agreement, the leased area must be allocated as a part and have a cadastral number.
They can enter your site for maintenance of the house only with your permission or when establishing an easement.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply , if these are just two points that form a segment strictly located on this very wall, that is, on the building-in the description from the boundary plan? And is it correct that an addition was made to the relevant clause to the purchase and sale agreement that there is this encumbrance, even if it does not need to be registered?
Reply31763
Hello Marina. An easement is subject to registration if the owner deems it necessary. We had cases when an easement was registered after 15 years. But in lrg you definitely need to write about it, otherwise they won’t make a deal.
GKI Nedcadastre – cadastre and geodesy
info@gkai.
ru
Reply31766
Thank you, you wrote lrg – what does DKP mean?
Reply31769
Hello Marina. That’s right – it means a contract of sale. .
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31772
Hello, again, I need your advice – in the boundary plan there is no mark of encumbrance (by court decision on part of the border of the site) by the previous owner, now I is this supposed to be done? How to do it right?
Reply31800
Marina, good afternoon.
To encumbrance the site, you need to submit an application to Rosreestr, attach to the application the court decision on which the encumbrance was imposed.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31815
Thank you, yes, I do, but warn the MFC that registration may be suspended and I will need to bring them a boundary plan with a note about encumbrance. Can you immediately make a change in the boundary plan and mark the encumbrance?
Reply31818
Marina, good afternoon. If you have already filed an application for encumbrance of the site, then you need to wait for the decision of the registrar and if he requests to attach a boundary plan, then the cadastral engineer must prepare it.
GKI Nedcadastre – cadastre and geodesy
info@gkai.
ru
Reply31821
of the plot, and a certain part of the adjacent border, that is, a segment (from the court decision: to impose an encumbrance on the plot from t1 to t2), this somehow confuses me, in fact this is an easement Or an easement is not necessarily established on part of the site, but can also be imposed on segment along the border line?
Reply31830
Marina, good afternoon. If in the court decision this part of the site is designated as an encumbrance of the site, then, yes, you correctly submitted the application. The concept of easement is regulated by Article 274 of the Civil Code of the Russian Federation.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31831
org/Answer”>
Hello. We had a boundary. The house with the plot was decorated. 20 years ago. As a result, the neighbor completed the old house. And the corner of the building crawled out onto our land. Sued us. As a result, the court made a settlement agreement. And the corner of his annex turned out to be in its border. After the trial. He began to walk along the house and pour earth to his foundation. In general, it is legal to pour land on someone else’s territory. After all, according to the court, it was established that the border was along the foundation of his building. Can we install a fence along its foundation? What are the standards for installing a fence along a neighbor’s house, since the border is along its foundation.
Reply31855
Marina, good afternoon. If the boundaries of your site are included in the USRN, there are coordinates, then you can call a surveyor to the site and make the removal of the points of the site on the ground.
Based on the removal of points, put up a fence.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31857
Thank you. Is it possible to have a fence along the house? Are there any eligibility criteria?
Changes have already been made to the egr. The coordinates are correct. They called the surveyor put the points.
Reply31859
Marina, good afternoon. Regulations that regulate the parameters for installing a fence: SNIP 30-02-97 and SP 11-106-97.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31860
Thank you.
Reply31861
org/Answer”>
Hello, earlier the wall of the neighbor’s covered porch was the boundary of the site, the new neighbors demolished it and built a stone main wall of the house. i.e. they extended the house, is it legal? Can I demand at least 1 meter indent from the borders?
And the neighbors made the entrance to their house without retreating a single centimeter from the fence, thereby blocking almost two windows (3 meters from our house to the fence).
Reply31928
Hello, Tatyana. Such issues are best resolved in court, with the involvement of expertise. The expert will investigate the situation, describe the violations of your rights, and based on this, a decision will be made.
GKI Nedkadastr – cadastre and geodesy
[email protected]
Reply31933
org/Answer”>
Hello! The situation is this, we want to put up a fence with a neighbor. The distance from his house to our site is about 2-2.5 meters per eye (there is a fence, such as a foundation base from the bottom to the top, and another 50 cm of iron sheet in height), it turns out that half of their windows are open and look in our direction. And also there, along the fence line, their extension / summer kitchen is old right next to us. The neighbor refuses to let us put up a fence, supposedly the windows will close and not in any way. What are the levers of influence?
Reply31942
Hello Victor. If everything is really as you describe, ask the Administration to give you a paper indicating the permissible height of the fence in your region. Show it to your neighbor and calmly put up a new fence.
GKI Nedcadastre – cadastre and geodesy
info@gkai.
ru
Reply31946
In which administration? We live in a city of millions. Urban?
Reply31974
Victor, good afternoon. Yes, in the city administration at the location of the property. Or, in the presence of a neighbor, you can make the removal of points of your site on the ground and install a fence at these points at your discretion.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31976
Hello, the wall of a residential building that is in shared ownership with neighbors is on the boundary, now there is a need to repair our wall on their side, but the neighbors refuse let in, they don’t sign papers on refusal.
Does it make sense to contact the local administration or the police? And what can be used as evidence in court?
Reply31980
Michael, good afternoon. In this situation, it is better to apply to the court with a statement of claim for non-obstruction in the maintenance of the house, and you can immediately establish an easement for access to the house and its maintenance.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply31981
Thank you very much!
Reply31983
Good afternoon Svetlana! Please tell me a way out of the situation: the house was built in 1950, in the certificate of ownership of the border of the house, the plot is 20 meters wide.
At 19In 1995, a survey was made, a passport was issued for the border of the house 18 meters, the court recognized the fact of the reduction in area as valid. 2 meters went to the neighbors, in the yard of which there is a wall of the house. At this time, the wall needs to be repaired, the neighbors are not allowed into the yard, saying that our meters are not there. is it possible to sue again to recover the stolen 2 meters, thanks.
Reply32033
Hello, Svetlana. You can apply for an easement, as for the cancellation of the court decision that recognized the reduction in area, it was necessary to file an appeal.
GKI Nedcadastre – cadastre and geodesy
[email protected]
Reply32035
Good evening. A neighbor built a house on the boundary line.
with a window to my yard. What can be done to avoid surveillance day and night.
Reply28388
Good afternoon. Put up a fence as an option. Given that the house is registered, it will be difficult to change the configuration.
GKI Nedkadastr – cadastre and geodesy
[email protected]
Reply27868
Good evening! The neighbor raised the level of the ground on his plot in the yard and is going to lay tiles, thereby filling the foundation of our house on one side closely. Parents are afraid that the wall will start to dampen and collapse. Does he have the right to do so and where should we turn?
Reply32273
You may need
Contour surveyGKI cadastral engineers conduct contour survey to clarify the boundaries and enter exact coordinates into the Rosreestr. Expedited processing time is 7 days.
Cadastral registration Cadastral engineers of the State Property Committee prepare a technical plan of a non-residential premises or part of it for cadastral registration. Expedited processing time is 10 days.
Tatyana
Engineers are asked
Snow falls from the roof on the fence and on the neighbor’s plot
Good afternoon, Mikhail. To begin with, you should record everything and send the pre-trial claim to your neighbor by registered mail with a list of attachments. There indicate your requirements for a neighbor. If the neighbor does not respond to the claim in any way, or refuses to compensate for the losses
more…
Category: Cadastral works Urgent question
The height of the farm building and its distance from the neighboring plot – Legal advice
Oleg Valentinovich Tikhomirov (Moscow) 11/10/2016 Heading: Earth
A neighbor built a two-story bathhouse 6 meters high 1 meter from my site. As a result, a six-meter solid wall appeared, blocking the light from the east side and shading my site. Externally built bath – a full-fledged residential building. Are there laws or other regulations prohibiting the construction of baths 6 meters high so close to the fence (1 meter)? What can I do in this case?
Construction
Svetlana Zhmurko
Consultations: 75
Standards for the location of buildings on the land plot are fixed in building codes and regulations, including SP 30-102-99, SP 42.13330.201
So, in accordance with paragraph 5. 3.4 “SP 30-102-99. Planning and development of territories of low-rise housing construction “(adopted by the Decree of the Gosstroy of Russia dated December 30, 1999 No. 94) to the border of the neighboring apartment plot, the distances for sanitary and living conditions must be at least:
from a manor, one-two-apartment and block house – 3 m, taking into account the requirements of clause 4.1.5 of SP 30-102-99;
from a building for keeping livestock and poultry – 4 m;
from other buildings (baths, garages, etc.) – 1 m;
from the trunks of tall trees – 4 m;
medium height – 2 m;
from shrubs – 1 m. , baths), located on neighboring land plots, should be at least 6 m.
In accordance with paragraph 7.1 “SP 42.13330.2011. Set of rules. Urban planning. Planning and development of urban and rural settlements. Updated edition of SNiP 2.07.01-89 * “(approved by order of the Ministry of Regional Development of Russia dated December 28, 2010 No. 820), the distances between residential buildings, residential and public, as well as industrial buildings should be taken on the basis of calculations of insolation and illumination in accordance with the requirements given in sec. 14 SP 42.13330.2011, the illumination standards given in SP 52.13330, as well as in accordance with the fire safety requirements given in section 15 of SP 42.13330.2011.
Between the long sides of residential buildings, distances (domestic gaps) should be taken:
for residential buildings with a height of two to three floors – at least 15 m;
four floors – at least 20 m;
between the long sides and ends of the same buildings with windows from living rooms – at least 10 m. living quarters (rooms and kitchens) from window to window.
In areas of manor and garden-dacha development, the distance from the windows of residential premises (rooms, kitchens and verandas) to the walls of the house and outbuildings (barn, garage, bathhouse) located on neighboring land plots must be at least 6 m, and distances to the barn for keeping livestock and poultry – in accordance with clause 8.6 of SP 42.13330.2011.
The distance from the boundary of the site must be at least, m: to the wall of a residential building – 3; to outbuildings – 1. In the absence of a centralized sewage system, the distance from the toilet to the walls of the neighboring house must be taken at least 12 m, to the source of water supply (well) – at least 25 m.
In accordance with clause 6.6 “SP 53.13330.2011. Code of rules. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures. Updated version of SNiP 30-02-97 * “(approved by order of the Ministry of Regional Development of Russia dated December 30, 2010 No. 849) a residential building or residential building must be at least 5 m from the red line of streets, from the red line of driveways – at least 3 m. In this case, between houses located on opposite sides of the passage, fire-prevention distances must be taken into account.
Distances from outbuildings to the red lines of streets and driveways must be at least 5 m. In agreement with the board of the gardening, summer cottage association, a carport or garage can be placed on the site, directly adjacent to the fence from the side of the street or driveway.
Clause 6.7 of SP 53.13330.2011 states that the minimum distances to the border of a neighboring plot in terms of sanitary conditions should be from:
a residential building (or house) – 3 m;
buildings for keeping small livestock and poultry – 4 m;
other buildings – 1 m;
trunks of tall trees – 4 m, medium-sized – 2 m;
shrubs – 1 m. roof overhang, etc.) protrude no more than 50 cm from the plane of the wall. If the elements protrude by more than 50 cm, the distance is measured from the protruding parts or from their projection onto the ground (cantilevered roof, elements of the second floor located on poles, etc.).
When erecting outbuildings in a garden, suburban area, located at a distance of 1 m from the border of the neighboring garden, suburban area, the roof slope should be oriented in such a way that rainwater runoff does not fall into the neighboring area.
If buildings were erected in violation of building codes and regulations, as a result of which the rights of neighbors on the land plot were violated, the violated right can be protected in court.
Thank you:
Rosreestr told how to properly arrange a garage
How to register a garage that is blocked by common walls with other one-story garages?
One-story garages blocked by common walls with others, information about which is entered in the Unified State Register of Real Estate (EGRN) as premises in a building or structure, are recognized as independent buildings. To register them, you first need to change the type of object in the USRN to “building” and its assignment to “garage”. An application can be submitted to Rosreestr by the authorities, the owner of the garage, a citizen who has been granted a land plot occupied by such a garage, a representative of a garage cooperative.
When changes are made to the USRN, the buildings or structures in which such garages were located are removed from the cadastral register if the rights to them were not previously registered in the USRN.
Where should the boundary of the garage wall be if the garage shares walls and roof with adjacent garages?
The boundaries of the garage are determined during cadastral work on the basis of documents and information provided by the customer. In the absence of project documentation, the outline of the garage is determined based on the thickness of the walls that are common to neighboring garages.
Who approves the procedure for developing a scheme for the placement of garages that are non-capital structures?
The layout of non-capital garages owned by the state or municipal authorities is approved by local governments in the manner determined by the regulatory legal act of each region.
In which case do you need a diagram of the location of the land plot under the garage?
The document will be required if the land plot on which the garage is located is only to be put on the cadastral register, and there is no land surveying project. In this case, the application must be accompanied by a diagram of the location of the land plot on the cadastral plan of the territory.
Is it necessary to preliminarily approve a land surveying project for the formation of land plots occupied by garages as part of complex cadastral work?
The formation of land plots occupied by garages should be provided for by the land surveying project. If there is no document and there is no possibility of carrying out complex cadastral work, the formation of land plots can be ensured by performing ordinary cadastral work on the basis of an approved layout of land plots on the cadastral plan of the territory.
If the approved land surveying project does not contain information about the land occupied by garages, is it necessary to make changes to the land surveying project?
Required, since if there is an approved land surveying project, the formation of land plots occupied by garages must be carried out in accordance with this document.
At whose expense are cadastral works or complex cadastral works carried out?
Cadastral work on the preparation of a land survey plan (if necessary, the formation of a land plot) and a technical plan are provided by a person interested in acquiring a land plot and registering the right to a garage.
At the same time, local governments can ensure the implementation of cadastral works or complex cadastral works in relation to garages and plots occupied by garages, if funds for these purposes have been allocated in the budget.
Can I own multiple garages?
There are no restrictions in Russian legislation regarding the number of garages and land plots occupied by garages that are subject to registration in ownership.
Is there a “garage amnesty” if a citizen is expelled from the garage cooperative?
Yes, the procedure for granting land plots also applies to citizens who have terminated their membership in a garage cooperative.
Can the heir take advantage of the “garage amnesty” if the garage was not inherited?
A land plot that is in state or municipal ownership may be granted to an heir. To do this, the heir must submit the testator’s documents confirming his rights to the garage, as well as a certificate of inheritance. The garage may not be named in the document, however, the presence of such a certificate is the basis for registration of rights to a land plot and a garage.
how countries fence themselves off from their neighbors. Photo gallery — RBC
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On February 17, Poland announced its intention to build a wall on the border with Russia. Construction has not yet begun, but, according to Deputy Defense Minister Wojciech Skurewicz, it has been included in the concept for the development of the border service. How different countries fenced off their neighbors with fences and walls – in the RBC photo gallery
Demilitarized zone between North and South Korea
Photo: Jeon Heon-Kyun / Getty Images
Pictured: December 12, 2018. South Korean soldiers at one of the posts in the demilitarized zone. The decision to eliminate 20 posts was made by the leaders of North and South Korea, Kim Jong-un and Moon Jae-in, in September 2018.
The Demilitarized Zone between the two Koreas was established in 1953. It is a strip 250 km long and 4 km wide with a concrete border line.
Demilitarized Zone trips are one of the most popular tourist routes in South Korea. In April 2018, the historic meeting of the leaders of the two Koreas, Kim Jong-un and Moon Jae-in, was held at the Phanmunjom border checkpoint located in this zone. 0003
US-Mexico wall
Photo: Sandy Huffaker / Getty Images
Pictured: February 22, 2019. View of the construction of the border wall in California
The construction of barriers on the border with Mexico began in 1993 to combat illegal immigration. By 2016, they occupied more than 1000 km – about a third of the length of the border.
Building a wall on the border with Mexico was one of Donald Trump’s campaign promises. Construction began in 2017, but new President Joe Biden canceled funding for the project, for which he was criticized by his predecessor
Buffer zone between Greek and Turkish parts of Cyprus
Photo: Sean Gallup / Getty Images
Pictured: A park next to an abandoned UN peacekeeping watchtower in the buffer zone in Cyprus
Buffer zone between Greek and Turkish parts of Cyprus, also called “Green Line”, was recorded in 1974 and extends for about 180 km. There are several villages in the zone, where about 10 thousand people live. Civilians can freely enter these settlements, in other parts of the buffer zone special permission is required from the contingent of the UN Armed Forces
Israel-West Bank barrier
Photo: Chris McGrath / Getty Images
Pictured: January 13, 2017. View of the separation wall in the Jerusalem suburb of Abu Dis
The construction of a “security wall” was discussed as early as the 1990s, but did not begin until 2002. It was designed to protect the country from attacks by the Palestinians (in 2000, the second intifada began on Palestinian territory – an uprising against Israeli occupation, the first was 13 years earlier and ended with the proclamation in 1988 of the State of Palestine). According to the UN as of May 2021, of the planned 712 km, 65.3% have been completed. In 2004, the International Court of Justice declared the construction of the wall illegal because of the violation of the Palestinians’ right to self-government.
In December 2021, the Israeli Ministry of Defense announced the completion of a three-year construction of a new 65 km barrier around the Gaza Strip. The complex includes land and water barriers
Fence on the borders of Hungary with Serbia and Croatia
Photo: Laszlo Balogh / Reuters
Pictured: March 2, 2017, a Hungarian policeman patrols the fence on the border with Serbia neighboring countries to Western Europe. Originally a barbed wire wall, it is now a more fundamental structure equipped with cameras and loudspeakers
Walls around the Spanish enclaves of Melilla and Ceuta
Photo: Juan Medina / Reuters
Photo: December 3, 2013. Wall between the Spanish enclave of Melilla and Morocco
The 6 m high fences surrounding the Spanish enclaves of Ceuta and Melilla in North Africa were built in the mid-1990s. They are equipped with motion sensors and watchtowers. Despite these protective measures, thousands of migrants rushed into the enclaves during the crisis last year, and the Spanish authorities called in the military to restore order
Wall between Poland and Belarus
Photo: Grzegorz Dabrowski / Agencja Wyborcza. pl via Reuters
Pictured: February 16, 2022. Building a wall on the border between Poland and Belarus
At the end of January, Poland began building a wall on the border with Belarus. Its estimated length will be 186 km. The reason was the migration crisis that began in the summer of 2021, when thousands of illegal migrants sought to enter Poland. It is planned that the 5.5 m high wall will be equipped with motion sensors and a monitoring system.
Polish government plans to spend $160 million to build barriers
Wall between Turkey and Syria
Photo: Chris McGrath / Getty Images
Pictured: March 2, 2017. Turkish soldiers patrol the border wall with Syria during exercise
Turkey began building a wall on the border with Syria in 2015 to combat illegal immigration. Now the barrier is a concrete wall 3 m high and over 750 km long. The completion of construction was announced by the Turkish authorities in July 2018
Wall between Turkey and Iran
Photo: Murad Sezer / Reuters
Photo: August 21, 2021. Turkish soldier at the wall on the border between Turkey and Iran
Turkey started building fences on the border with Iran last July to contain Afghan refugees. By September, 43 km were built, and the total length, according to plans, will be about 300 km. The fence is a three-meter concrete wall with barbed wire
Wall between Lithuania and Belarus
Photo: Paulius Peleckis / Getty Images
Pictured: November 30, 2021. Lithuanian-Belarusian border near Druskininkai
In early July last year, Lithuania announced its intention to build a wall on the border with Belarus. The reason was the influx of illegal migrants – from Belarus, the flow of refugees to the EU has increased. A few days later, construction was suspended for a while, as Lithuania ran out of barbed wire. By mid-September, a barbed wire barrier had been laid.
In November, Lithuanian President Gitanas Nauseda called on the EU to support construction to combat the migration crisis
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Limits of operational responsibility | Agreement of the Management Company with RSO RosKvartal®
Understanding the boundaries of responsibility between the RSO, Management Company and owners of residential premises in MKD is important to avoid disputes. In judicial practice, there are frequent cases of disputes between the RSO and the Criminal Code regarding operational responsibility for certain sections of engineering networks, about which an agreement has not been reached.
In half of the administrative cases of this kind, the court takes the side of the RSO, in this case, the Criminal Code incurs heavy losses. To avoid this and to be insured against unwanted conflicts, it is necessary to draw up an act of delimitation of responsibility.
Boundaries of operational responsibility
Not all CGs are clearly defined in the legislation by the boundaries of operational responsibility and the balance affiliation inextricably linked with it. Most definitely, these concepts are presented in clause 1 of the Rules for cold water supply and sanitation (Decree of the Government of the Russian Federation No. 644).
According to this document , the boundary of the balance sheet property is recognized as the property division boundary. It, in turn, defines the boundary of operational responsibility, that is, it indicates who will bear the burden of maintaining the object: the managing organization, the RSO or the owners. The same can be said about other communal resources.
The operational responsibility of the RSO, if we are talking about power supply, runs to the point of connection of the common house metering device with the electrical network included in the MKD. Responsibility UK – intra-house power supply system and electrical devices that turn off devices to the apartment. Residents are responsible for in-house devices and devices after disconnecting devices in floor boards, meters in apartments.
Responsibility for heat supply is distributed as follows: RSO is responsible up to connection point of a common house metering device with a heating network included in the MKD. The management company is responsible for the risers of the heating system, which turn off the devices on the branches from the risers and for the shut-off and control valves on the intra-apartment wiring. The responsibility of the tenants begins again inside their dwelling, they are responsible for the heating devices and for the branches from the risers of the heating system after the shut-off and control valves.
The responsibility of the RSO, when it comes to water supply and sanitation, lasts until the point of connection of the common house metering device with the water supply network included in the MKD. Management companies are required to monitor the condition of hot and cold water supply risers, disconnecting devices on branches from risers and shut-off and control valves on intra-apartment wiring. The owners of the premises in MKD are responsible for the branches from the risers of the hot and cold water supply system after the shut-off and control valves, for the shut-off and control valves themselves and for the plumbing equipment in the apartments.
In a resource supply agreement, the balance sheet boundary separates engineering networks that are common house property (Article 36 of the Housing Code of the Russian Federation) from other engineering networks. Therefore, we recall what applies to common house property (Decree of the Government of the Russian Federation No. 491, article 36 of the RF LC):
- premises in an apartment building that are not part of apartments and are intended to serve more than one residential / non-residential premises in the house;
- in-house engineering systems for cold and hot water supply, gas supply, heating and electricity.
The boundaries of operational responsibility can be external and internal. In the first case, they separate the areas of competence of the RNO and the MC (the outer border of the MKD wall), in the second, the MC and the owners (the inner border of the MKD wall).
The need to determine the composition of the common property of the owners of premises in MKD
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External boundaries of operational responsibility
If we are talking about the outer boundary of engineering networks that are part of the common property of an MKD, then the boundary of operational responsibility between the RSO and the UK will be the outer boundary of the wall of the house, and if there is a common house metering device for a certain communal resource, the place connection of this common house metering device with the corresponding by engineering network , which is part of the MKD.
Separately, it is worth mentioning the external border of the gas supply networks included in the composition of the common property MKD. In this case, the boundary of operational responsibility between the RSO and UK is the junction of the first locking device with the external gas distribution network.
Often the boundary of operational responsibility does not run along the wall of the house. Then a fragment of the engineering network, located outside the outer wall, and, it would seem, formally related to the area of responsibility of the RSO, falls into the zone of the management company that manages the MKD. Its content threatens with large losses, so you need to carefully approach the description of the boundary of operational responsibility in the delimitation of liability act.
The case when the boundary of operational responsibility passes through an external valve can be considered disputable. This happens if the external section of the engineering network is included in of the common property . Then RSO carries out maintenance of this engineering network at the rate approved by the owners of the premises in the MKD. The duty of the Criminal Code is to offer such a tariff to the owners. Repairs, including emergency ones, are carried out at the expense of RSO.
What about ownerless engineering networks ? That is, with such networks that do not hang on the balance sheet of either the UK or the RSO and are not part of the common house property. Typically, such networks are transferred to municipal ownership. In turn, the local self-government body, within thirty days from the moment the ownerless engineering network is discovered, is obliged to determine the RSO, the engineering networks of which are connected with the ownerless one (clause 6 of article 15 No. 190-FZ).
The Federal Tariff Service will have to include the costs of maintaining such a network in the RNO tariffs for further regulation. Until this is done, energy losses in this disputed section of the network, as well as repair work, are carried out at the expense of the management company in proportion to actual consumption.
How to dispute a fine for violating the rules for the maintenance and current repair of an MKD (part 1)
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Internal operational boundaries
The operational responsibility boundary between the management company and the owners, when it comes to the internal boundary of the engineering networks included in the MKD common property, are:
- for heating – a valve on the heating pipeline connections to the apartment radiator. If there are none, then the boundary passes through the threaded connection in the radiator plug.
- for cold and hot water – a valve on the outlet of the pipeline from the riser. If it is not available, the boundary is a welding seam at the pipeline outlet from the riser.
- for drainage – a fitting socket (tee, cross, bend) on the riser of the drainage pipeline.
- for power supply – the place of connection of the outgoing wire of the apartment wiring to the plug of an individual electricity meter, circuit breaker, RCD.
The boundary of operational responsibility between of Criminal Code and the owners (we are talking about the inner boundary of building structures that are part of the common property of an apartment building) is the inner surface of the walls of the apartment, window fillings and the entrance door to the apartment.
Enclosing load-bearing structures, land (including playgrounds and playgrounds, collective parking lots) on which the house is located, stairwells, corridors, roofs and attics, as well as elevators are located in zone of operational responsibility of the Criminal Code.
Read also, at whose expense the equipment is repaired in the owners’ apartment.
Judicial practice
Perhaps the main argument in favor of the fact that it is important to discuss in detail the boundaries of operational responsibility in a resource supply agreement will be examples from judicial practice.
Managing organization filed a lawsuit to invalidate the terms of the energy supply contracts and to transfer the heating networks to the area of responsibility of the RSO. The court refused to satisfy the claims, since the Criminal Code agreed on the boundaries of the balance sheet, accepting the disputed section of the networks for its maintenance (Decree of May 23, 2012 in case N A63-9362/2011).
The court may make a different decision if the boundaries of the balance sheet in the act are indicated differently than on the outer wall of an apartment building or at the installation point of the meter. In this case, the act of delimitation of the balance sheet ownership is invalid (Determination of the Supreme Arbitration Court of the Russian Federation of June 26, 2012 N 6421/12 in case N A14-11374 / 2010).
At the conclusion of the contract, disagreements arose between the parties regarding the limit of operational responsibility, since there was no act of delimitation of responsibility, the court decided to determine the limit of operational responsibility in accordance with Rules for the maintenance of common house property (Decree of the Arbitration Court of the Central District dated 05/21/2015 N F10-1143 / 2015 in case N A68-2267 / 2014).
A in accordance with the Decree of the FAS UO dated 02.28.2011 No. Ф09-443 / 11-С5 in a similar situation of the absence of an act of delimitation of liability concluded between the parties to the conflict , the court concluded that the boundary of operational responsibility should pass along the border of the balance sheet, in other words, along dividing lines of engineering networks between owners.
Judicial practice: How to challenge administrative fines
If you have any questions, you can always contact us for advice. We also help management companies comply with 731 RF PP on the Information Disclosure Standard (filling out the portal Housing and communal services reform , the website of the Criminal Code, information stands) and Federal Law No. 209 ( filling out the GIS housing and communal services ). We are always happy to help you!
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