The nuances of repairing adjoining territories mkd. ONF experts explained to citizens who should repair roads in the courtyards of apartment buildings Who cares about the courtyards now
In 2018, the Ministry of Construction of the Russian Federation adopted the program "Improvement of courtyard areas in 2018-2022".
However, it is worth noting that the use of the term “courtyard areas” in the title of the Program does not mean that only areas in front of apartment buildings will be subject to improvement. The name has a more extended meaning and includes the transformation of parks, squares, playgrounds and embankments. It should be noted that all the same, the bulk of the funds will be allocated to improve the appearance of courtyard areas.
For the implementation of this program, 20 billion rubles have been allocated from the federal budget. This amount will be distributed among the constituent entities of the Russian Federation, regions and administrations, respectively.
Who can take part in the Yard Landscaping Program?According to the Order of the Ministry of Construction of the Russian Federation No. 691, any settlement with more than 1000 people can receive funding for the transformation of the courtyard territory.
Can our yard take part in this Program?The answer is obvious - maybe.
In order to receive money from the federal budget, regions and municipalities need to develop their own program for improving the local area and approve it. An important point - improvement measures are carried out in the courtyards of only apartment buildings.
According to Decree of the Government of the Russian Federation No. 169, the address of the adjoining plot of an apartment building in need of improvement had to be approved no later than December 31, 2017.
What kind of work will be carried out according to the federal project?- installation ;
- expansion or construction of car parks;
- installation ;
- organization;
- installation of lighting equipment;
- gardening;
-reconstruction of the pedestrian zone (expansion);
- organization of bike paths, etc.
How to take part in the Yard Landscaping 2018-2022 Program?It is worth noting that the transformation of your yard depends only on your desire. The territory of the courtyard can be included in the Program in the event that the residents of the house show initiative.
It is necessary to organize a general meeting of the house, where the residents of the house will be familiarized with the list of works that can be performed on the territory of the local area. Then, you need to decide what work needs to be done to improve the yard. In addition to choosing a list of works to be carried out in the courtyard area, a mandatory item should be the choice of a person who will further represent the interests of residents, as well as monitor the proper condition of the acquired courtyard property. After that, it is necessary to draw up a diagram of the courtyard area with the planned improvements. Draw up the minutes of the meeting and submit an application to the municipality.
To participate in the Improvement Program, it is necessary to work out the legislative framework related to this topic, regulations, and also find the correct form for submitting an application for the improvement of the local area.
The specialists of the Chistim company have prepared for you a package of documents required for participation in the Federal program. All you need is to write to us, and we will send you all the information you need to join the Program.
The All-Russian Popular Front receives questions from residents of different regions who are concerned about the poor condition of courtyards - roads in the courtyards of apartment buildings. Due to this ONF experts have prepared answers to the most common appeals on this topic. They explained who is responsible for the quality of the internal roads and what the residents should do to include the territories in the repair plans.
Unlike federal or regional highways with courtyard roads, the situation is a little more complicated... Pits and other destruction also appear here. But residents often do not know where to go with their problems.
« Before trying to repair the road in the yard, you need to understand who is the owner.... It does not necessarily belong to the city, but may be part of the common local area. In this case, the municipality is not obliged to deal with its maintenance and repair. The first step is to familiarize yourself with the technical passport of the residential building... This will help find out the boundaries of the local area and its owner", - says the moderator of the thematic site of the ONF" Safe and high-quality roads ", coordinator of the project" Road inspection of the ONF / Map of dead roads "Alexander Vasiliev.
He explained that the cadastral registration data can be viewed on the website or contact the local administration for this. If it turns out that this road does not belong to the common building territory, you need to complain about its condition and require repairs at the administration settlement. If the road is included in the local area, it refers to the common shared ownership of the house, which means the management company is responsible for its repair... In such situation you need to send an appeal to your management company... But, as you know, managers do not always want to deal with this issue. That's why, if the company refuses repair, it's time apply to the prosecutor's office... Also you can leave an appeal on the website of the State Information System of Housing and Communal Services.
ONF experts noted that the issues of repairing courtyards between residents, management companies and local officials are rather difficult to resolve.
“Much depends here from the good faith of a particular management company or local administration... So the outcome of a problem situation can be completely unpredictable, and each of them requires a separate investigation, ”Vasiliev said.
He explained that there is one more way to repair the road in his yard, as well as to implement his own improvement design project. Since 2017 it has been operating project "Formation of a comfortable urban environment"... The minimum list of landscaping works within the framework of this project includes the repair of courtyard driveways, the installation of benches and ballot boxes, and courtyard lighting. Other works may be included, which are chosen by the region itself. The list of additional equipment includes equipment for playgrounds and sports grounds, parking lots, landscaping and so on. Residents themselves, entrepreneurs who rent or buy premises in houses nearby, as well as public organizations can initiate additional improvements. Interested parties take part in this labor or financial participation.
« All the necessary information about the work of this project in your region, required documents and application deadlines citizens can find on the website of the administration of their municipality", - summed up Vasiliev.
In previous articles, we talked about national project "Housing and Utilities and Urban Environment"... This is the plan of the Ministry of Construction on how to improve the quality of housing and communal services and create a comfortable urban environment. The authors of the project promise that by 2020 the cities will become cozier, more beautiful and more convenient.
Residents will become the "engine" of transformations, but they cannot do without the help of utility specialists. And first of all, they will turn to the managing organization. Therefore, we recommend that the UO carefully read today's article. In it, we told how to turn the house into improvement program for 2017.
What will they do
- improvement and maintenance rules;
- effective cleaning, lighting and landscaping systems.
The public areas, which are most often visited by the townspeople, will be equipped in 2017. And by 2020, they plan to put in order all urban areas.
Two-thirds of the funding from the federal budget will be spent on landscaping courtyards. Therefore, the townspeople have a good opportunity to obtain funding for arrangement of the yard area.
Whether the courtyard will be transformed depends on the residents. It is important to convey to them that the territory will be included in the program only if they show interest and initiative. The Ministry of Construction of the Russian Federation told how to create a courtyard of your dreams in step-by-step instructions.
Step 1. Find out the conditions of the program
Local governments must develop and publish by April 1, 2017 draft municipal program for the improvement of adjoining territories... It contains the conditions for participation in the program, the minimum list of works and examples of improvement elements, the cost of these elements.
If you want to do more in your yard than the minimum list suggests, you can do additional work.
To do this, there should be interested persons among those living in houses nearby, tenants and owners of premises, public organizations. Stakeholders participate in additional work.
The municipality determines the minimum share and method of participation. Participation in additional work can be labor or financial. In the first case, residents hold subbotniks, plant plants on their own, make flower beds, and install outdoor furniture. With financial participation, they partially pay for the work.
You can raise funds for additional work in the following ways:
- use accumulation for current repairs of common property or reserve funds,
- receive from the use of common property,
- collect a one-time target fee by decision of the general meeting through the management organization or HOA or according to the statement in cash,
- attract sponsors.
Step 2. Making a plan
An initiative group is assembled from interested persons. It is important to consider who owns the yard. It may belong to:
- owners of one apartment building (included in the common property);
- owners of several apartment blocks (on land plots of two or more apartment blocks);
- the municipality;
- to the owners of several MKDs and the municipality (a municipal plot is located between the land plots of MKD).
To find out, you need to find out land plot boundaries if they are defined. Information about the boundaries of the land plot can be found in the cadastral passport of the building or on the Rosreestr website.
Whoever owns the yard, you can equip it according to the program.
If the yard is common for several houses, then the initiative group should include representatives of each house. The initiative group solves the following tasks:
- create a yard plan,
- determine the list of works and the amount of participation of residents,
- conduct an OSS,
- control the implementation of the idea at all stages.
To help residents in each municipality works public commission... It brings together experts in landscaping, construction, local history. Experts will help you complete the yard drawing and take into account:
- wishes of the owners,
- municipal program,
- natural and other features of the territory.
Step 3. Conduct OSS
With the finished drawing, the initiative group goes to the general meeting of the owners. If there are representatives of several ICMs in the initiative group, the OSS is held in each house with the same agenda.
- select the chairman and secretary of the OSS, the counting commission;
- apply to the OMS with a proposal to include the courtyard territory in the municipal program for the formation of a comfortable urban environment for 2017 (in this paragraph, the planned list of works should be indicated, which corresponds to the established minimum and additional lists);
- determine the form and share of the owners' participation (the amount of financial participation is indicated as a percentage of the cost, labor - in the number of people involved in the work);
- determine the procedure and source of funding for the work;
- choose a person responsible for the approval of the design project, control and acceptance of work;
- include the established objects in the common property of MKD for their subsequent maintenance.
The residents will have 1-2 months to prepare and conduct the general meeting from the date of publication of the municipal program. And you need to prepare well for such a meeting. After all, if at least one of several houses OSS decision will not be accepted, the yard will not be included in the program.
The Ministry of Construction of the Russian Federation recommends choosing the full-time and part-time form and holding the full-time part of the meeting in all courtyards at the same time. So tenants will be able to discuss issues together and agree. At the meeting, it is imperative to resolve all issues on the agenda.
Step 4. Submit an application
To include the courtyard in the program, local government bodies are sent OSS protocol(one or more, depending on the number of apartment buildings, to which the yard area belongs) with the decisions taken. An improvement plan can be attached to the protocol.
A public commission will consider the application. It includes representatives of local self-government bodies, political parties, public organizations, and so on. The review procedure must be published on the municipality's website by April 1, 2017.
Municipal program draft submitted for public comment. There the fate of each application will be decided. Residents can take part in the discussion. How to do this is determined by the municipality.
Step 5. We agree on the design project
If the courtyard was included in the territory development plan, based on the plan (drawing), a design project... It may look different depending on how much work is planned. If necessary, it can contain design and estimate documentation or only images of the courtyard with a description of the proposed works and activities.
The design project should not violate the rights of third parties or interfere with the passage of engineering communications. It will be coordinated by the responsible person selected at the OSS.
By July 1, 2017, the municipal authorities must approve the design project for the courtyard. This will happen if:
- authorized on behalf of the OSS agreed on the project;
- the owners have fully contributed their share of financial participation to a special account and / or submitted a letter of guarantee that specific named residents will participate in the performance of the work.
After the approval of the design project, a competitive selection of contractors will begin. They will begin to equip the territory about 1.5 months after the announcement of the competition.
Step 6. Controlling the work
An authorized representative of the owners oversees the improvement work. If he sees that the contractors are doing the work poorly or not in accordance with the project, he writes an appeal to the OMS.
When arranging the territory, employees must observe accessibility requirements for people with limited mobility.
The yard plan must be completed by the end of 2017. The work is accepted by the commission, which consists of the responsible person selected for the OSS. To assess the work performed, you can involve experts. If the activities are carried out with high quality and according to the project, an acceptance certificate is signed.
Step 7. Maintain the yard area
And now in front of your house is a new, modern platform, in the creation of which you have invested your labor and finances. Think how long it will remain in this form: as in the picture of the design project? After all, any property needs to be monitored, serviced and repaired. Here the owners need services management organization.
To make a decision on the maintenance of the courtyard territory, the initiative group collects proposals from the UO, HOA, service organizations and submits them to the general meeting of the owners.
The OSS decides which organization will support the yard and how will pay for this work.
Several organizations can serve a courtyard common to several MKDs at the same time.
Remember that when maintaining the yard area, its features must be taken into account.
Reading time: 8 minutes
Any apartment building (MKD) is adjoined by a territory called a house adjoining one. According to housing legislation, it should be kept in proper condition and improved: to break up sports and playgrounds, plant plants, allocate parking spaces. In addition, regular repairs of the courtyards of apartment buildings are envisaged. In this regard, it is worth discussing who is responsible for the condition of the adjoining plots and is obliged to carry out work related to the restoration of the objects located on them.
- the piece of land on which the building is built;
- sports and playgrounds;
- elements of landscaping and beautification;
- linen dryers;
- collective car parks;
- heat points;
- fire passages;
- transformer substations;
- other objects that ensure the normal operation of the house.
Yard boundaries
All infrastructural objects of MKD should be located within the adjoining territory. They, like area and other parameters, are reflected in the cadastral passport. The dimensions of the adjoining allotment are set taking into account:
- the number of floors in the house;
- the density of the surrounding buildings;
- availability of public roads;
- area norms established for a given region.
Based on this information, the Criminal Code calculates the costs of cleaning the site.
All information about the territory and its borders is stored in several databases:
- in the State Real Estate Cadastre. All information is reflected on the public cadastral map, which is posted on the official website of Rosreestr. More detailed data can be found in the cadastral passport kept by the chairman of the house, administration or the Criminal Code;
- in the Unified Register of Real Estate Rights. The register contains data on the entitlements to the site, its area, the date of registration and the method of establishing boundaries.
Who is responsible for the repair and maintenance of the yard
It depends on whether the site has passed the procedure for registration and cadastral registration, who is responsible for the adjacent territory of an apartment building, its maintenance and service.
When forming a plot of a house built before the adoption of the Housing Code (before March 1, 2005), apartment owners can apply for cadastral registration of land and registration of ownership of it with state authorities or local self-government bodies.
When new houses are built, the land under them immediately becomes the property of equity holders.
It is important to clarify whether the local area has been formed with elements of infrastructure and landscaping. If not, the apartment owners have the right to formalize the ownership of it.
When transferring to common shared ownership, the territory on which the MKD is located, the real estate objects and the courtyard that are part of it must go through the procedure for forming a land plot and be put on cadastral records.
At the general meeting, residents can decide whether to become the owners of the adjoining plot or leave it in municipal ownership
Powers of the municipal administration
The territory where the apartment building and related infrastructure facilities are located does not always belong to residents. Until a corresponding entry appears in the state cadastre and the boundaries of the yard are established, the municipality is considered the owner of the land plot. It is he who is endowed with responsibility for the maintenance and repair of the site, regardless of the method of managing the MKD.
In this case, it is not difficult to determine who is responsible for lighting in the courtyard of an apartment building or asphalting paths - all this is the responsibility of the municipality administration.
When the Criminal Code or Homeowners Association is responsible
If all legal formalities are met and the adjacent territory is owned by the owners of apartments in the MKD, they can, on their own, be engaged in its improvement, monitor the maintenance and carry out repairs.
If an apartment building is managed by an HOA or UK, tenants usually delegate this authority to them.
Find out in more detail what kind of improvement and repair there are.
In the case when the owners of housing in MKD have signed a service contract with the management company, it carries out the necessary restoration work. This is due to the fact that the monthly payments include the cost of paying for services to maintain order within the local area.
The legislative framework
The issues of establishing ownership of the adjacent territory, and, consequently, responsibility for its maintenance and repair, are regulated by the RF Housing Code (Articles 153, 154, 158) and the Civil Code of the Russian Federation (Article 210).
On the belonging of the site to the common property of the owners and their obligation to finance the work related to its improvement, it is stated in the decree of the Government of the Russian Federation of 13.08.2006 No. 491. This document put into effect the Rules for the maintenance of the adjacent territory in an apartment building.
The list of improvement and repair works is established in the rules and norms for the operation of the housing stock, legalized by the decree of the State Construction Committee of the Russian Federation No. 170 of 27.09. 2003.
What work is carried out on the local area
Homeowners in an apartment building, who monthly pay the maintenance costs of common property, are usually interested in what is included in the maintenance of the adjacent territory of an apartment building.
According to the law, such works include:
- installation of playgrounds;
- cleaning of parking lots, courtyards;
- landscaping of yards;
- installation of waste collection tanks;
- installation of enclosing structures around the yard area;
- painting of improvement elements;
- repair of MKD territories.
Residents can initiate improvement work by submitting an application to the Criminal Code.
What is included in cleaning work
The concept of "cleaning the local area" includes seasonal cleaning of it from snow and leaves, sprinkling footpaths with anti-slip compounds during icy conditions.
Also, the managing organization must control the timely removal of MSW from the territory.
Maintaining cleanliness and proper sanitary and hygienic conditions in the entrances and on the sites is the responsibility of the Criminal Code.
Specialized organizations are engaged in cleaning of intra-quarter roads, and first sidewalks and footpaths are cleared of debris, and then the roadway.
Landscaping of the yard
Green spaces play an important role in the design of the yard. They give an attractive appearance to the site and improve the ecological properties shown.
The rules for the technical operation of the housing stock contain the fundamental principles of landscaping activities:
- work is carried out only after clearing the site from construction debris and other waste;
- it is strictly forbidden to cut down trees growing in the yard without special permission;
- when planting poplar, mulberry, it is not recommended to choose females that cause more active clogging of areas;
- every year the planned treatment of green spaces from pests is organized.
With regard to green spaces, there are special rules that must be followed by both the employees of the management company and the residents. A large list of prohibitions is aimed at preventing damage to plants and preserving the courtyard area.
Asphalt laying
The poor condition of the inner-quarter roads and sidewalks always raises the question of residents who should repair the asphalt in the courtyard of an apartment building. The decision on the need to restore the asphalt pavement must be made by the residents of the MKD at a general meeting.
As a rule, the management company creates a special fund, into which apartment owners contribute funds based on the calculated cost of the proposed work.
Additional fundraising for these purposes is due to the fact that a contractor - an organization chosen by the MC, will repair roads in the courtyards of apartment buildings.
Road repairs should be carried out in compliance with the recommendations of SNiP on:
- the minimum permissible thickness of the asphalt layer is 0.15 m;
- the minimum width of the asphalt around the house is 1 m;
- the use of fine-grained compositions;
- compulsory coverage of the paths leading to the entrances, and the parking lot.
For the funds of the fund, you can also repair the sidewalk in the courtyard of an apartment building.
Installation of the barrier
The decision to install a barrier in the courtyard is taken by the general meeting of the owners of the premises, since the tenants have the right to restrict the use of the adjacent territory.
For a comprehensive restoration of structures or their complete replacement, a major overhaul is required. It is held as needed or upon request. The list of work of the Criminal Code for overhaul includes:
- restoration of fences;
- restoration of playgrounds;
- repair of places of rest and others.
Find out how often and what is included.
Who sets tariffs for yard maintenance
Tariffication of services for the maintenance of land plots adjacent to apartment buildings is carried out by utilities that provide them, and in some cases - by local governments.
The regulatory role in this matter is assigned to the state. It participates in pricing by adopting regulatory legal acts:
- Federal Law "On the Basics of Tariff Regulation for Utilities Complex Organizations";
- separate resolutions of the Government.
Market factors have a significant impact on the cost of services: inflation rate, prices for fuels and lubricants, wages and others. Tariffs may be revised annually.
The maintenance fee for the adjoining territories is charged per square meter, taking into account the share of the tenant in the common property. If the tariff rate is 10 rubles per 1 m2, and the area of the adjacent territory is 200 m2, then with a share of 3% the monthly payment for its maintenance is 60 rubles.
Whom to complain to about poor service
The quality of services for the maintenance of the local area should always remain at a high level. This is especially true in the winter period, when snow drifts sometimes do not even allow you to get out of the house.
But service companies do not always cope with clearing yards and sidewalks from snow, removing household waste, or timely cleaning the site in the summer. In this case, the Criminal Code is obliged to revise the tariffs for payment.
The owners of the site send a written application for the revision of tariffs no later than 6 months from the moment of fixing the violation.
If the officials of the Criminal Code do not respond to the claim with appropriate actions, homeowners in the MKD have the right to contact the Housing Inspectorate, the municipality administration, and even.
Judicial practice in cases of challenging cleaning fees
The courts often receive claims from apartment owners in the MKD concerning the contestation of the established payment for cleaning the adjoining territory in connection with the poor-quality performance of the service. When making decisions, the courts, guided by the norms of the Housing Law and resolutions of the Government of the Russian Federation on this issue, often take the side of the plaintiffs.
As the jurisprudence on the adjacent territories of MKD shows, there are many controversial issues related to the establishment of boundaries, the lawful use and maintenance of courtyards. In each specific case, the court examines the arguments, evidence and other relevant information.
conclusions
The adjacent territory is an integral part of the common property of the owners of premises in the MKD. It includes the house itself, infrastructural elements and green spaces. Responsibility, including material, for the maintenance and repair of the courtyard is borne by the owners of the apartments, who, by the decision of the meeting, can transfer their responsibilities to the company that manages the house. Her area of responsibility includes work on the improvement of the local area, current and major repairs.
Lawyer. Member of the St. Petersburg Bar Association. Work experience over 10 years. Graduated from St. Petersburg State University. I specialize in the field of civil, family, housing, land law.
The only courtyard in Yekaterinburg, landscaped according to the federal program "Formation of a modern urban environment", is located on Sedova, 42. The formerly empty territory was used by residents of two apartment buildings. In June, the administration of the Zheleznodorozhny District invited the owners to take part in the program. As Natalya Shestakova, executive director of the REMP Management Company of the Zheleznodorozhny District, told the website, officials helped the residents to submit an application.
Natalya Shestakova, Executive Director of REMP Management Company of the Zheleznodorozhny District:
The administration communicated with the elders at home, the officials helped us prepare the documents for voting. One of the main issues that homeowners decided was subsidies. People must participate in this program - pay 5% of the cost of the repair. But tenants pay this money not from their own pockets, but, for example, from savings for overhaul. In this case, it happened - not all of the collected money was spent, so we contributed it as a subsidy.
Almost 7 million rubles were spent on landscaping the yard. 6.65 million - the size of the federal subsidy, another 200-250 thousand were taken from the piggy bank for the overhaul of each house. As a result, the deserted courtyard was asphalted, a playground was equipped, new lawns were laid and fences were made, and the driveways were widened. On the evening of October 9, the courtyard will be officially presented to the townspeople.
The management company hopes to include another of its homes in the federal program. As the head of the housing and communal services development department of the Zheleznodorozhny district administration, Ivan Trifonov, told the website, there are three houses in the queue for improvement. At the same time, the amount that the federal budget will allocate to Yekaterinburg is still unknown (hereinafter, the subsidy will be equally divided between the districts), but there is no limit on the number of households.
The adjoining territories of the owners, who will have time to submit an application and pass the competitive selection before November 1, can be renovated in 2018. If there is not enough money for everyone, the courtyards will be landscaped in turn. The program will run until 2022.
Instructions
If you want your yard to be included in the federal program "Formation of a modern urban environment", you need:
1. Contact the district administration. As the officials explained to us, often the interaction takes place according to the following scheme: residents complain about the disorder in the yard (a broken playground, lack of lighting, holes in the asphalt, etc.). In response, they receive a letter inviting them to participate in the program. If there was no such information notice, homeowners can directly contact the administration to inquire about the possibility of participating in the program (in the Zheleznodorozhny district, the project is supervised by the housing and communal services development department of the district administration).
2. After a meeting with officials, the HOA (or the council of the house together with the Criminal Code - depending on the form of management) organizes a meeting of owners. Its participants vote for joining the program and the amount of co-financing (owners must pay at least 5% of the estimated cost of the improvement work). They also approve the draft design. Unusual wishes may be taken into account there (for example, the owners want to organize a themed playground or workout area), but it will not work to roll up the entire courtyard with asphalt and organize parking on it - the program provides for mandatory work: installation of a playground, lighting, green areas, etc. etc.
4. Administration officials transfer a package of documents to the Department of Construction Supervision of the Sverdlovsk Region, where they check the protocols. After checking, the department employees give their opinion with comments.
5. Applications approved in the department are sent to the competition of the district public commission. It includes representatives of deputies, public and veteran organizations. They evaluate each application on a 100-point scale. Your application may receive additional points for filling the yard (the more objects it contains - even the old ones - the better), an increased amount of co-financing (the owners decided to pay more than 5%), etc. On the contrary, the application may lose points due to the owners' debt for utilities.
6. After the approval of the application by the commission, a competition for contractors is announced. As a rule, it is carried out by the management company, and the company that offered the lower amount for the work wins. The yard at 42 Sedova, for example, was ennobled by the company that developed the project.
7. The contractor's work is paid by the management company (the entire amount - both the owners' money and the amount of the subsidy). Later, a tranche comes to the account of the Criminal Code - this is the amount of the subsidy promised by the federal budget.
8. On average, a yard remodel lasts about a month.
New buildings cannot participate in the program - if your house is less than seven years old, you should not dream of a new yard. In addition, there are three houses in the queue for participation in the program only in the Zheleznodorozhny District. As Ivan Trifonov said, there are such courtyards in both Chkalovsky and Kirovsky districts.
Related Articles
