How many meters from the fence can you build a house: legal norms
Content
To take into account the distance from the fence to the house, you must adhere to Federal Law No. 123 of July 22, 2008, which establishes fire safety requirements. Maintaining distance will eliminate disputes with neighbors and possible litigation.
When deciding the question of how many meters away from the fence a house can be built without breaking the law, you should also refer to building codes and regulations.
Legislative regulation
The construction of private houses within urban and dacha areas is regulated by codes of practice.
- When constructing a facility, specialists and owners take into account the provisions of SNiP 02/30/1997 . The norms establish the rules for private construction - on dacha and garden plots.
- When planning an urban area, the mandatory norms of SNiP 2.07.01.89 .
- For private construction, the norms of the Land Code of the Russian Federation and the Town Planning Code are mandatory.
Issues of judicial practice between neighbors are resolved taking into account the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22. Even with the abolition of the Supreme Arbitration Court of the Russian Federation in 2014, this judicial act continues to be in force.
The procedural rules of the trial are established by the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, and the CAS of the Russian Federation - depending on the subject and basis of the claim, the legal status of the subjects participating in the process.
Distance between houses
The size of the house parameters should be calculated at the design stage. It is generally accepted that to build a fence it is enough to step back one meter from the street. From a practical point of view, such a statement is true, but to comply with building regulations, such a distance will be greater.
The minimum distance between houses must be 3 m. This rule applies if the residential premises are located on the same site and have the same owner.
When private houses are located on two different sites, the distance must be at least six meters. The recommended parameter is 15 m, not counting the area allocated for laying communications.
For the construction of a house or outbuildings, the distance from the fence may not always be accurate. Calculation of the distances between a residential building and a street fence is carried out based on the number of storeys of a private house.
The current trend of multi-storey private construction is causing a violation of the rights of neighbors. A large object may block light from a neighboring area. Its location in the center of the land plot can reduce the distance to outbuildings and auxiliary structures.
The material from which the house will be built is essential:
- if the object is being built from concrete, rubble, brick, then the distance between the houses must be at least 6 m;
- if the main frame of the house is made of non-combustible materials, but using fire-resistant impregnation, then the distance between the houses should be at least eight meters;
- the distance between wooden residential buildings must be at least 15 m.
When carrying out the calculation, protruding parts of the building are taken into account - bay windows, porches, covered terraces. If all construction measurements are not completed correctly, the neighbors may go to court and demand that the house be demolished.
Minor errors do not serve as grounds for demolition - if the building does not threaten the life and health of people and was erected in compliance with basic sanitary standards and rules.
Sanitary rules inside the site:
- they apply to owners of suburban areas. Distances are provided for outbuildings - where poultry, large and small livestock are raised;
- the minimum distance from a residential building to outbuildings must be at least 12 meters. The construction of a country (outdoor) toilet should not be carried out on the site of a laid water supply system;
- a summer shower or bathhouse is located from the house at a distance of at least 8 meters from the residential building. The distance between the latrine and the drinking water well must be at least 8 meters;
- the distance between the bathhouse and the fence must be at least five meters. It may be less if the bathhouse has wood heating and is made of stone and other non-wood material. The distance between the well and the fence should also not be less than 8 meters.
It is advisable to rationally arrange tree planting. They can block the light of neighbors, or extend their root system into an adjacent area. The distance of large trees from the fence should not be at least 4 meters.
For small trees - 2 meters. The distance from the bush to the fence is 1 m. The distance from the well to the compost pit will not be less than 8 meters. It is better to trust technically competent specialists to build houses according to standards.
Optimal distance to the fence:
- according to SNiP 30-02-1997 and 30-102-99, the distance from a residential building to the fence must be at least three meters;
- for livestock and poultry, the distance is at least four meters;
- for recreational structures - gazebos, porticos - at least one meter from the neighbor’s fence;
- the maximum distance for trees is four meters;
The distance from the residential building to the fence may not be the same. It is advisable to maintain the maximum distance relative to the fence facing the street. Greenhouses can be located at a distance of at least 2 meters from the neighbor’s property.
For a building, the distance from the fence is important to comply with the necessary technical standards and not violate the legal rights of neighbors.
Standard requirements for a fence on the site
The main requirement for building a fence is its ability to transmit enough light to the neighboring area. There are requirements regarding the height of the structure. Mesh and all-metal structures cannot be more than 1.5 meters high. It is prohibited to erect a fence directly near a utility structure or a private house itself.
There is a ban on building a fence near communications:
- The minimum distance to the water supply or gas pipeline must be at least three meters. Failure to comply with such standards is fraught with an administrative fine and the demolition of the fence, without compensation to the owner for material damage.
- The distance between the neighbor's fence and the bathhouse should not be less than three meters.
It is prohibited to “adjoin” the bathhouse wall, for example, to a neighbor’s solid brick fence without his permission.
Requirements for a gardening partnership
The charter of the partnership may provide its own parameters regarding the material and height of the fence. A reservation is allowed that the plots may not be fenced at all. The maximum height of the SNT street fence should not be higher than 2.5 meters. The material of construction is not particularly important.
The structure must be of sufficiently high strength. The bases are firmly installed in the ground and, if necessary, strengthened with additional clamps. Fences that allow light to pass through are installed between adjacent areas.
If you want to make a structure higher than 2.5 meters, you must obtain permission from the housing department of the local administration. A solid fence is allowed to be installed only on the street side. The height of the fence between neighboring plots should not be higher than 2 meters.
- If houses and outbuildings are located close together, it is allowed to partially overlook the neighbor’s property along the boundary. But this is prescribed in the agreement, which is approved by a notary.
- Access to a neighbor's property should not interfere with access to communications, passage and travel. One-way transfer of the fence is prohibited. When carrying out installation, specialists must take into account the parameters of the site and not go to the neighbor’s site, taking away their territory.
- If a house is partially built on a neighbor's property, it may be demolished. But with a minimal error, neighbors can agree on compensation and end the matter with a settlement agreement.
During legal proceedings, construction and technical expertise will be required to prove that the fence was actually built with violations and violates the rights of neighbors.
- It is possible to reach an agreement without the intervention of judicial authorities. But if there are obvious significant violations, the neighbor may lose the fence and the entire building as a whole - especially if it was erected along with the fence on an unauthorized basis.
- The examination must be ordered at the plaintiff’s expense. If he wins the case, he has the right to recover legal costs from the defendant, including the costs of expert services.
- Before starting work, you should draw up a detailed project, check it for compliance with SNiP standards and entrust the construction of the house to reliable craftsmen.
It is advisable to order all services strictly under a contract or paid provision of construction services. Controversial issues should be resolved through negotiations or in court. The claim is filed at the location of the property. It is possible to involve witnesses and competent specialists in the case.
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