Fence parameters depend not only on your plans and capabilities, but also on some regulatory requirements. Knowing these requirements is especially relevant when considering fences between sites. After all, if a neighbor is caught in conflict, then he can challenge the legality of your fence in court.
Where are these requirements defined?
The main document regulating the parameters of fences in garden and summer cottages is SNiP 30-02-97. It is written here, is it possible to put a blank fence between the sites? And the answer to this question is - no, a solid fence can be from the side of the road, street or natural object, such as a ravine.
However, in this case, the fence is considered, built without agreement with anyone. If you agree with your neighbors, then it is quite possible to put a blank fence in the country between your plots. Keep in mind that it is better to draw up your consent in writing, since with an oral agreement you are not immune from various misunderstandings, such as “I changed my mind”.
What else does it say about fences?
- A fence around the site must be mandatory, that is, each site of a summer cottage or gardening association must be delimited.
- The fencing between adjacent areas should allow light and air to pass through well, which once again hints to us about the need to negotiate closed types fences.
- If you were able to coordinate the construction of a blind fence with your neighbors, this does not mean that you can make a fence with arbitrary parameters. The height of the closed fence in this case cannot be higher than 1 meter. When the fence between adjacent areas is open (netting, picket fence), its height can be up to 1.5 meters.
- By the way, there are no regulatory restrictions on specific materials for the construction of fences.
- But there is such a limitation - logs and other protruding parts should be facing inward of your site (if you are building).
- Of course, the fence between any sections should be erected strictly along the line of their delimitation.
In addition, there are a number of restrictions on the distance between the fence and other objects, but this is a separate topic.
Why is there such an attitude towards deaf fences?
We found out whether it is possible to put a solid fence between the plots, and noticed that in the regulatory document the attitude towards them is a little negative. The reason for this is as follows:
- A deaf fence interferes with air circulation. Moreover, if there is such a fence around the entire perimeter of your site, then the problem is rather for you.
- Such a fence degrades the lighting of the site, which can be a problem for a neighbor who grows something exactly where the shadow from your fence will fall.
- A fully closed fence can also impede the flow of water in case of heavy rain or melting snow.
Conclusion
It is possible to build a closed fence between adjacent areas, but with significant height restrictions. Regardless of the type of fence you choose, it is recommended to coordinate its installation with neighbors in order to avoid scandals and other problems.
The neighbors want to put a solid fence between our sites. For my site, this is the sunny side, there I have a vegetable garden, and there will be a shadow from the fence. Why complain if the neighbors shade my beds?
R.I. Kuznetsova, Samara
The experts of the Public Reception of the Union of Russian Gardeners answer:For garden partnerships developed the Code of Rules SP 53.13330.2011, which proposes the use of mesh fences between sites. However, this document is advisory in nature, and all civil disputes between neighbors are resolved in court. If a neighbor has violated building codes, you should go to court with a claim to remove obstacles to the use of the site. Moreover, one discontent is not enough for going to court.
Keep in mind that only an independent expert bureau can establish a high level of shading, waterlogging of the site in connection with a solid fence. It is best to go there before filing a claim in court. The burden of proof of the violations committed by the neighbor rests with the “injured” party. And only then, if the court takes the side of the “victim”, it is possible to demand that the neighbor return the costs of examination and legal proceedings, again through the court (Article 304 of the Civil Code of the Russian Federation - protection of the owner's rights from violations not related to deprivation of ownership).
Verification of documents
Now summer residents tell each other scary stories that, due to new amendments to the law, it will be easy to lose your suburban area, if it is not designed according to all the rules. How can I check if my weave is registered correctly?
I. Solovyova, St. Petersburg
If you have in your hands a "Certificate of State Registration of Rights" to a land plot with a cadastral number, then you can check the status of your acres in Rosreestr. To do this, you should apply with the available documents to the branch of this organization to which your district is assigned. As representatives of Rosreestr told us, you can find out the address by calling a single reference telephone 8 (800) 100-34-34, the call is free.
Internet users can try to find information about their site as follows:
1. Go to the Rosreestr portal and find the form for a paid request in the "Individuals" section. Price - from 150 rubles, the result should be received by e-mail in 5 days.
2. Information can be accessed in the section "Public cadastral map" of the portal rosreestr.ru (login from the start page). You will see a map of Russia and to the left of it a search box, into which you should enter the cadastral number of your hundred square meters. The desired site and information about it should appear on the map. Note that the text in the help window can be scrolled. Find the column "Form of ownership" in it. If it says "private", that's okay. If you cannot check the status of the site in this way - this is not a reason for panic: use the methods indicated above.
Important
Sergey Bogdanov, Head of the Rosreestr Office for the Moscow Region:
"In accordance with Federal law dated 21.07.1997 No. 122-FZ "On state registration of rights to real estate and transactions with it" the only proof of the existence of a registered right is state registration. The registered right to immovable property can only be challenged in court. "
I ask you to help in the situation: I am the owner of a summer cottage in gardening. We have been in conflict with our neighbors for many years over the installation of a fence on the boundary between the sites. In 2009, after carrying out the surveying procedure, I installed a fence made of a chain-link mesh with metal posts. Then the neighbors signed an act on the boundary survey of our sites. Since then, they have regularly cut the bottom of the fence mesh and dug up the ground. In July 2012, I plan to re-call the Land Survey Commission (surveyors) for the subsequent installation of a new capital fence with concrete base... Is it possible to put a solid fence made of metal profiled sheet between our sites? Is it necessary to get permission from someone for this? The administration of the village said that it was not necessary. According to the Charter, it is not within the authority of the chairman of our gardening to resolve such issues. Please explain what should I do?
Of course, not everyone loves silence and many people find it important to communicate with neighbors in areas without borders, but this happens in rare cases. Simple, low structures are often installed and many people like to observe what and how is happening in the neighboring yard, but not everyone likes to be in sight. In order to preserve themselves, people try to protect their family life from outsiders and for this purpose they erect deaf high fences, installation which can turn into a war with the hosts living nearby.
But it should be borne in mind that streams of sunlight can be refracted and there will not be sufficient lighting on the site. The shade will not allow you to grow the desired harvest of vegetables and fruits, and this will become one of the reasons for the neighbors' objections to installing a deaf and high fence. What does the law say about this? What are the norms for installing a fence between neighbors? How and from what to build a reliable fence? We will consider all this in more detail.
Currently, there are no clearly established norms in the legislative framework that regulate the height and materials of the fencing of private property, but in regional administrations, horticultural farms there are rules according to which the improvement of adjoining and summer cottages is carried out. Therefore, before installing the fence, you should familiarize yourself with them.
Sanitary norms and rules
When erecting a fence, it is worth studying the norms of sanitary and household rules and procedures that govern the correct location of houses and fences. Failure to comply will result in penalties. To avoid costs, it is worth doing the following:
- start construction of a new house at least three meters from the neighboring one;
- from the building to the fence of the neighbors must be at least 1 meter;
- plant shrubs at a distance of 1 meter from the neighbors' fence;
- plant trees at a distance of 2 meters, if the tree in the future reaches heights of 3 meters, then the distance is at least 3 meters;
- outbuildings, sewers, toilets at a distance of 1 meter.
Compliance with the above rules before you assemble buy a fence , will relieve the dissatisfaction of neighbors, give security and peace.
Fire protection standards
When building a fence, keep in mind that it should not interfere with your neighbors or you. Consider easy access to your home in case of emergencies such as a fire. A firefighter can demolish an obstacle that stands in his way, and this can cause damage to property. Therefore, consider the optimal height of the fence, which will not become an impregnable bastion in case of emergency.
The material itself must be fire resistant; it is better to choose brick, concrete, metal. If you really want to natural wood, then it must be treated with a specialized impregnation. The buildings should be at a distance of 6 meters from each other, if wood is used in the building, then 8 meters, if the houses are completely wooden, then the distance between them is at least 15 meters.
What is the best to make a fence
In the norms for the construction of a fence, deaf and high fences are allowed on the site from the sides of the street, in order to isolate the adjacent territory from noise and dust. However, when it comes to neighbors, you need to remember that up to 0.75 meters you can put a fence made of any material, and everything that is higher should be enlightening. This can be plastic, durable glass, mesh, forged parts.
It turns out that it is impossible to install a solid fence from neighbors, how then to achieve the desired privacy? There is a way out of this situation and it consists in just negotiating with a neighbor over a cup of tea. At the same time, discuss the material, height, installation time, types of fences and, most importantly, fix the entire contract on paper in order to avoid further misunderstandings.
From all that has been said, it follows that it is possible to build a solid and solid fence between neighbors, the main thing is to correctly and competently negotiate with those who live in the neighborhood, negotiate all the conditions and come to a common opinion.
