To take into account the distance from the fence to the house, you must adhere to Federal Law No. 123 of 22.07.2008, which establishes fire safety requirements. Observing the distance will save you from disputes with neighbors and possible litigation.
When deciding how many meters on the site from the fence you can build a house without breaking the law, you should also refer to building codes and regulations.
Legislative regulation
The construction of private houses within the urban and suburban areas is regulated by codes of practice.
- When constructing an object, specialists and owners take into account the provisions. The norms set the rules for private construction - in summer cottages, garden plots.
- When planning an urban area, mandatory ones are taken into account.
- 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 RF Armed Forces 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 operate.
The procedural rules of court proceedings are established by the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the CAS RF - depending on the subject and basis of the claim, the legal status of the subjects - participants in the process.
Distance between houses
The value of the parameters of the house should be calculated at the design stage. It is generally accepted that to build a fence, it is enough to retreat one meter from the street. From a practical point of view, this statement is true, but in order to comply with building rules, such a distance will be greater.
The minimum distance between houses should be 3 m. This rule applies if the living quarters are located on the same site and it has one owner.
When private houses are located on two different sites, the distance should 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, outbuildings, the distance from the fence may not always be accurate. The calculation of the distances between a residential building and a street fence is based on the number of storeys in a private house.
The current trend of multi-storey private construction is causing violations of the rights of neighbors. A large object can block the light to an adjacent 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 built of 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, the protruding parts of the structure are taken into account - bay windows, porch, covered terraces. If all construction measurements are not carried out correctly, the neighbors can go to court and demand to demolish the house.
Insignificant errors do not serve as a basis for demolition - if the building does not threaten the life and health of people, it was erected in compliance with the 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 ruminants are bred;
- the minimum distance from a residential building to outbuildings must be at least 12 meters. The construction of a country (street) toilet should not be carried out at the place of the laid water supply;
- a summer shower or sauna is located from the house at a distance of at least 8 meters from the residential building. The distance between the toilet and the drinking water well must be at least 8 meters;
- the distance between the bath and the fence must be at least five meters. It may be less if the sauna 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 the planting of trees. They can block the light of neighbors, enter 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 lower than 8 meters. It is better to trust technically competent specialists to build houses according to the norms.
Optimal distance to the fence:
- according to SNiP 30-02-1997 and 30-102-99, the distance from the residential building to the fence must be at least three meters;
- for livestock and poultry, the distance is not less than four meters;
- for recreational facilities - gazebos, portico - at least one meter to 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 keep the maximum distance relative to the fence facing the street. Greenhouses, greenhouses can be located at a distance of at least 2 meters from the neighbor's site.
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 Site Fence
The main requirement for the construction of a fence is its ability to let in enough light to the neighboring area. Requirements for the height of the structure are stipulated. Mesh and all-metal structures cannot be more than 1.5 meters high. It is forbidden to erect a fence directly near an economic structure or the private house itself.
There is a ban on building a fence near communications:
- The minimum distance to a water or gas pipeline must be at least three meters. Failure to comply with such norms is fraught with an administrative fine and demolition of the fence, without compensation for material damage to the owner.
- The distance between the neighbor's fence and the bathhouse should not be less than three meters.
It is forbidden to "adjoin" the bath wall, for example, to a solid brick fence neighbor without his permission.
Requirements in a horticultural partnership
The charter of the partnership may provide for its own parameters regarding the material, the height of the fence. The 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 building material doesn't really matter.
The structure must be of sufficient strength. The bases are firmly set in the ground and, if necessary, reinforced with additional clamps. Fences capable of transmitting light are installed between adjacent areas.
If you want to make a structure higher than 2.5 meters, you need to obtain permission from the housing department of the local administration. Solid fence it is allowed to install only from the street side. The height of the fence between neighboring areas should not be higher than 2 meters.
- With a close proximity of houses and outbuildings, it is allowed to partially go to the site of a neighbor along the border. But this is prescribed in the agreement, which is approved by a notary.
- Exit to a neighbor's site should not interfere with the ability to access communications, passage and travel. One-way transfer of the fence is prohibited. During the installation, specialists must take into account the parameters of the site and not go to the neighbor's site, taking the territory from him.
- If the house is partially built on a neighbor's plot, it can be demolished. But with a minimum error, the neighbors can agree on compensation and end the matter with an amicable agreement.
In court proceedings, a construction and technical expertise will be required to prove that the fence was indeed built with violations and violates the rights of neighbors.
- It is possible to negotiate without the intervention of the judiciary. But with 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 expense of the plaintiff. If he wins the case, he has the right to recover legal costs from the defendant, including the costs of an expert.
- Before starting work, a detailed project should be drawn up, verified for compliance with SNiP standards and entrusted with the construction of a house to reliable craftsmen.
It is advisable to order all services strictly under a work contract or paid provision of construction services. Disputed issues should be resolved through negotiation or court proceedings. The claim is filed at the location of the property. It is possible to involve witnesses and competent specialists in the case.
Get free legal advice
Building a house on your own is a difficult and responsible job. When preparing for construction, it is necessary to perform such actions as leveling the land, marking, and of creating a trench for the foundation. After that, construction can begin. And how many meters from the fence of neighbors can you build a house legally? Indeed, there are some rules that must be followed. If you do not fulfill them, then the owner of the land plot will be punished, exactly how the relevant authorities will decide.Construction is carried out by a contractor
If you have hired a specialized company that will be engaged in the construction of a residential structure, then, in principle, you do not need to think about how many meters to retreat. The contractor himself knows all the laws and will not break them. If the construction is carried out independently, then first of all count 3 meters from the neighboring fence and you can start construction.If there is no fence between neighbors, and construction is carried out at the same time
In such cases, firstly, you need to contact the local government. Local authorities are obliged to provide you with the information you are interested in, it should indicate how far from the neighbors' house you need to retreat in order to start building a residential building.
According to fire safety standards, the distance between houses should be as large as possible. Especially if the buildings are wooden, then the distance is 15 meters. And if the houses are brick, then only 6 meters. If a brick is a tree, then 8 meters. As you can see, the distance between buildings depends on the material from which the house is built.
When you have agreed with your neighbors, made the required measurements, you can start building your home. Well, you can build a fence so that the border is visible, you cannot step over it.
How to measure the distance correctly
In general, at the initial stage of construction, the measurement must be made from the place where you will have a foundation mark. There will be a basement, while you can make an impromptu one, insert pegs and measure from them between future houses.When all the measurements have been made and everyone is happy with everything, it should be noted that in the future the roof or porch of the house should not protrude more than 0.5 meters from the building. In the event that the porch protrudes too much, then it is necessary to measure from this part of the house. Or in the future, build a porch not from the neighbors' side.
All other work that is usually carried out on the site, this is the laying of pipes, the creation of sewerage, the construction of outbuildings and much more, must also be performed according to the necessary standards. Contact the local administration again, find out everything exactly, so as not to redo it later and not pay a fine.
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How many meters should there be from the fence to the house according to the law?
As we said, the distance is at least three meters. At the same time, you need to be very careful about measuring the distance, as well as form the necessary documents that would confirm the exposure of this distance during the construction process. This way, you can prevent negative disputes with neighbors and firefighters in the future.The legislation clearly defines the features of the construction of all outbuildings and household buildings on the territory of the site, but the most important thing is to maintain the distance between neighboring houses and between your house, as well as with a neighbor's fence. In principle, earlier, these aspects were not approached as carefully as now, for this very reason, many built houses as it was convenient for them. Today, through legal proceedings, you can, in principle, be forced to move your building to the desired distance, in this case, you will only have disappointments and incredibly significant expenses. So, when building, it is best to study everything in advance. technical standardsin order to comply with them and not to violate the law, to protect their rights and interests.
Application of legislation in practice
Often, even developers neglect these laws. Therefore, you certainly need to independently monitor this aspect in great detail and seriously. Remember that in the future, the court will not care who exactly built your house and why certain norms were not met. There are norms, and if your structure does not correspond to them, you are solely to blame, no one else. Therefore, it is you who will be punished for this oversight.Compliance with all standards is an indisputable basis for the formation of protection of your interests. As you understand, in our modern time, it is very important that all construction parameters are fixed on paper. That is, you should always have documents on hand, the same land surveying, confirming that you have complied with all the requirements established by law and carried out the construction process in accordance with all regulatory aspects. Study all the requirements in detail, and then proceed to construction. If you entrusted this business to a developer, then supervise his activities in detail, trying to independently make sure that the established standards are met correctly.
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