The adjacent territory of an apartment building - how to use it rationally
Content
In addition to joint ownership of the common property of the building, the owners of the premises acquire a similar right to a plot of land directly adjacent to the house. The adjacent territory of an apartment building requires documentation and can be used to meet the needs of residents.
The concept of local area
What is the adjacent territory of an apartment building (hereinafter referred to as MKD) in the legal sense? This object is a formed land plot on which apartment buildings and other auxiliary structures are located, necessary for the operation of the structure and the creation of favorable living conditions for citizens.
The boundaries of this territory are fixed by land management and town planning documents, which can be drawn up at the stage of putting the apartment building into operation or during a separate procedure.
All physical characteristics of a plot of land are subject to reflection in the cadastral passport based on the results of accounting and registration activities in the bodies of Rosreestr.
Laws of the Russian Federation
General and specific principles for the use and maintenance of the territory near the apartment building are regulated by the following regulatory legal acts:
- Housing Code of the Russian Federation, which establishes who owns the adjacent territory of a residential building;
- Land Code of the Russian Federation, regarding general rules for land use;
- Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, regulating the procedure for managing the house and site.
- Decree of the Government of the Russian Federation dated April 3, 2013 No. 290, which contains the rules for determining services related to the maintenance of common property and the MKD site;
- Order of the Ministry of Land Construction of the Russian Federation dated August 26, 1998 No. 59, which provides standards for the adjacent territory of an apartment building.
Within the framework of the rules established by law, owners of apartment building premises have the right to independently determine the list of additional work aimed at maintaining the site, as well as to dispose of it.
These provisions can be formulated in the terms of the agreement for the management of apartment buildings, which citizens have the right to conclude with the management company.
Plot dimensions
How to calculate the area of the local area of an apartment building if there is a procedure for officially processing documents for the site? The legislation regulates the minimum size of a plot of land for an apartment building, which can be equal to the area of the building itself.
To determine the specific size of the land that a given plot occupies, a formula approved by Order of the Ministry of Land Construction No. 290 is used.
The values of this formula include two factors:
- the total area of all premises in the apartment building;
- coefficient of land share per 1 sq. m. of housing.
The index of such a share is calculated on the date of commissioning of the structure and takes into account a number of factors: number of storeys, year of construction, etc. Accordingly, when the adjacent territory of an apartment building is subject to calculation, the standards of the 2017 law will be established as of the values of this year.
The existing calculation system using this formula is imperfect. If the adjacent territory is being calculated these days, the Housing Code of the Russian Federation formally does not allow its use, since Order of the Ministry of Land Construction No. 290 contains the concept of an apartment building, but a condominium.
Regarding how the adjacent territory of an apartment building should be calculated, the Housing Code of the Russian Federation does not contain a single norm.
To find out how many meters from the house the adjacent territory is, the allotment must be formed by establishing boundaries, and also put it on cadastral registration with the Rosreestr authorities.
Paperwork
After the construction of a house, there are two options for obtaining documentation for the adjacent land plot:
- by the developer, in the process of putting the facility into operation;
- owners of MKD premises, if the site was not formed at the time citizens received apartments.
The second option is typical for situations with old houses commissioned before the entry into force of the RF Housing Code.
At the stage of completion of construction, technical documentation is drawn up for the building, and land surveying should be carried out in relation to the adjacent land during the implementation of land cadastral work.
To establish how many meters from the house the adjacent territory is considered, data from urban planning regulations and land management documents of the locality will be used.
Until the adjacent territory of an apartment building is registered, the Housing Code and other regulations allow the use of a technical or boundary plan for this site.
The site will include facilities located on it intended for the normal functioning of the building and the creation of favorable living conditions for citizens. For this reason, when boundaries are established as a result of boundary activities, they may appear as broken lines that do not form a clear geometric figure.
If the boundaries of the territory are determined by the developer, he takes into account all the necessary expenses in the cost of construction and includes them in the prices of the premises being sold. If work is carried out on a building that was put into operation a long time ago, all costs will have to be paid by the citizens who own the adjacent territory of the apartment building.
Stages of land surveying
For the official formation of the land adjacent to the apartment building, boundary work is carried out, which is carried out by a cadastral engineer on the basis of a contract.
To begin the surveying procedure, a construction permit and design documentation are submitted at the time the construction of the building begins.
After studying the submitted technical documents, the engineer performs the following actions:
- the size of the plot allocated for the location of the house at the time of its construction is determined;
- An analysis of urban planning documentation is carried out to establish the relationship of the site with the current development plans;
- measurement work is carried out using all available methods of cadastral activities;
- the local area and its boundaries are fixed in the boundary plan;
- the results of surveying activities are sent to the Rosreestr authorities for cadastral registration.
The boundary plan can be drawn up both electronically and in writing. It is based on the results of surveying activities that the territory near the structure will be included in the cadastral information of the Unified State Register of Real Estate and will receive a cadastral number.
If land surveying is carried out and the adjacent territory of an apartment building is shown in the graphic part of the boundary plan, how many meters will there be for each owner? Since this site is part of the common property of the apartment building, it will belong to all owners of the premises in proportion to the area they occupy.
How can the site be used?
If the land plot is properly formed and its boundaries are fixed in the cadastral passport, the land can be provided to third-party organizations for temporary paid use, i.e., rent.
Since the land is part of the common property of the apartment building, all owners of premises in the building will have the right of disposal.
To decide whether to enter into a lease agreement, there are two possible options:
- owners of premises in apartment buildings transfer the specified powers to a management company that maintains the building and land;
- citizens can make their own decisions at a general meeting.
The tenant's activities should not violate the rights of citizens related to comfortable living conditions, and should not threaten to cause damage to the territory of the house and auxiliary facilities.
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