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How to put up a fence without breaking the law or arguing with neighbors
New building rules for summer residents were introduced back in 2020. And recently it became known what sanctions await violators.
It would seem that my house is my fortress, as I want, I build it. However, its owner has a number of restrictions on his own land. One of them concerns the installation of fences. Let’s figure out how to fence off a land plot without breaking the law, without quarreling with neighbors and without running into a fine.
Fence for a summer residence
New building regulations for horticulture came into force on April 15, 2020. They are spelled out in the joint venture (set of rules) 53.13330.2019 “Planning and development of the territory for which citizens are to garden. Buildings and structures “and approved by the order of the Ministry of Construction dated October 14, 2019 No.
Previously, it was allowed to build fences no higher than 1,5 m.In the new set of rules, it was prescribed that a fence from 1,2 to 1,8 m is now allowed.
Fences should be mesh, so as not to shade neighboring cottages. However, the rules do not stipulate that only a chain-link mesh is allowed, which means that it can be a forged fence, a fence made of a welded mesh gitter, etc. The main criterion is that the fence should not shade the neighboring area.
“The fence should not violate the insolation standards by more than 50%. If the neighbors go to court, then you may face a fine of up to 5 thousand rubles or an order to remove the fence “, – said a member of the Association of Russian Lawyers Alexandra Obryvko RIA”».
By mutual written consent of the owners of neighboring plots, agreed with the board of the partnership, you can put a fence of a different type or or even leave the site without a fence. The main thing here is to agree, because all the rules apply only to fences between neighboring areas.
If it was not possible to agree on a blank fence, you can hide from prying eyes behind a hedge. But there are rules here too. Shrubs are allowed to be planted at a distance of at least 1 meter from the fence. Medium-sized trees, as well as dwarf fruit and ornamental trees – at a distance of 2 meters. Tall trees – no closer than 3 meters.
Fence for a private house
Construction of individual housing construction sites is regulated by SP 30-102-99 “Planning and development of low-rise housing construction territories”, but the height and type of fences were not prescribed there.
However, local authorities can develop their own rules for installing fences on private property. Therefore, before fencing a site, look at the Land Tenure and Development Regulations (PLZ) and the master plan of your municipality on the official website of the local authorities, or by sending them a written request. You are required to reply to your letter within 30 days.
Before putting up the fence
Having decided on the height and type of fence, find out the exact boundaries of the site. The seizure of someone else’s territory is one of the most frequent disputes between neighbors, which often ends in court.
It is necessary to make a land survey – a geodetic way of determining the boundaries of a land plot. If there is a boundary plan for the site, and the boundaries are not visually indicated, call a surveyor to order the removal of boundaries in nature – to fix the boundaries of the site with cadastral accuracy on the ground with boundary marks (metal pins or pegs). The accuracy of determining the points is 10 cm.
The cost of the surveyor’s services depends on the number of points. On average, the price for one boundary mark starts from 1 thousand rubles. Expensive? Not as expensive as potential sanctions: the penalty for violating borders can be up to one and a half percent of the cadastral value of the assigned territory. It seems that not much, but the lower threshold of sanctions is 5 thousand rubles for individuals and 100 thousand rubles for legal entities.
By the way, fines are also provided for improper care of the fence – about 500 rubles if the fence on your site looks neglected. However, usually summer residents get off with an order to put the fence in order.