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In Russia, land owners have an opinion that they can put fences where they want and what they want. This perception is erroneous and can lead to litigation, which often ends with the dismantling of the structure. Especially often disputes arise because of the height and transparency. We will talk further about how to protect ourselves from the excesses associated with the construction of fences.
Before putting up a fence, take a few “steps” that will save you time, nerves and money in the future. Ask what category the land belongs to, whether the charter of the partnership regulates the rules in the construction of fences between neighbors in terms of height and transparency. If not, then negotiate with them and conclude an agreement.
Categories of land in Russian legislation
To understand what kind of fence you can build, you need to have an idea about the category of the land. This will determine the owner’s next steps.
Three main categories can be distinguished:
- Plots in partnerships or partnerships (SNT, ONT, DNP).
- Land for individual housing construction (IZHS).
- Territories for part-time farming (LPH).
Fencing issues on these lands are regulated differently. For example, if we talk about dachas, garden or garden partnerships, then the provisions of the Charter of organizations are applicable here. The order of construction on the lands of individual housing construction or private household plots may, in general, not be regulated in any way or be prescribed in local regulations.
You need to decide on the category of land even in cases where there are no neighbors, or they are not against your plans to fence the site. The problem must be solved before the construction of the fence. There are many ways to do this, the easiest way is to contact the MFC or go to the website of the State Register of Real Estate and order an extract from the USRN. You can also contact the Land Registry. Depending on the result, further actions will develop according to different scenarios.
Actions if land in SNT, ONT or DNP
If the site belongs to dacha partnerships, garden or garden partnerships, then there are regulations and laws that must be followed. This is a significant plus for the owner: no need to puzzle, just follow the rules.
The procedure in this case will be as follows:
- Find the charter of the organization, study it (better with a lawyer). The document will spell out all the nuances of such structures, up to the location and maximum height.
- Talk to neighbors and make a written agreement.
- Wait for the general meeting of members of the SNT, ONT, DNP or coordinate their actions with the board.
- Ensure that the decision is documented.
- Proceed to construction, without deviating from the original design, height and location.
It is important to remember that the fence should not violate the boundaries of the plots. Sometimes a deviation of even 10-20 cm leads to quarrels and long-term enmity. To avoid this, it is better to order a survey procedure.
Fencing regulations
The main document regulating the development of plots in TSN, which since 2019 includes summer cottages, is SNiP 30-02-97. Until recently, clause 6.2 of these rules stated that the maximum height of fences should not exceed 1,5 m. However, since 2019, SNiP has not regulated this moment. The current ones are SP 53.13330.2011. This is SNiP 30-02-97 with amendments, but the new sanitary rules do not regulate the height of the fence.
The parameters of the fence are now determined by the charter of the organization that includes the land. In addition, one must be guided by Article 10 of the Civil Code of the Russian Federation, which states that a citizen cannot exercise his rights to the detriment of the rights of other persons. In other words, you have the right to put it up, but to deprive the neighbours’ plot of sunlight is not.
It is for this reason that SNiP recommends using mesh material (chain-link) for erecting fences between neighbors, and a blank fence can be installed from the side of the street or driveways, if this does not contradict the Charter of the partnership.
What if the plot is under individual housing construction or private household plots
If the site is intended for farming or individual residential development, the recommendations of SNiP 30-02-97 do not apply to it. In this case, the norms depend on local conditions, including climatic conditions, and are prescribed in the rules for land use and development. Therefore, you need to contact the local municipality with a request to provide the necessary information.
If such parameters of fences between neighbors in your municipality are not specified in any way, you can talk with neighbors and, with their consent, start construction. The main thing is not to violate the rights of others.
How to make an agreement with neighbors
It is not enough to agree with the neighbors about the fence in words, you also need to draw up a written agreement or contract. It will have legal force and, in the event of a change in the owner or his plans, will be the main argument in your defense in court.
The agreement is drawn up in any form, but must contain the following information:
- The date and place of the document.
- Passport details of the parties to the agreement.
- Cadastral numbers of plots.
- The subject of the agreement (the erection of a fence along the boundaries of land use, the material of the fence, the height, the presence of a foundation, etc.)
- Information about at whose expense and by whom it is being built.
- Details of the parties.
- Signatures of the parties to the agreement.
The drafted agreement can be taken to a notary for certification, but this is not mandatory. The document has legal force without notarization. The agreement is drawn up in duplicate, one remains with the initiator of the construction, the other with the owner of the neighboring site. It is better to keep it for as long as it stays.
With this agreement in hand, construction can begin. The main thing is not to forget to carry out the land surveying procedure so as not to accidentally seize neighboring land and not cause disputes.
Popular questions about fences between neighbors
Probably none of the issues causes such fierce disputes as the location, construction and demolition of fences. Let’s analyze the most popular of them.
Is it possible to build a double fence
A double fence is a fence, the logs and pillars of which are hidden by the main canvas on both sides – picket fence, polycarbonate or corrugated board, and is considered solid. In this case, the neighbors erect it along the border of the plots on the basis of agreements and a written agreement. The order of construction, the distribution of costs, the height of the fence are determined individually.
Is it possible to put a blank fence if it is below 1,5 m
This point is also negotiated by neighbors. As a rule, one of them will be against it: the shadow will not allow you to use the land in full. In resolving this issue, it is good to be guided by the recommendations of SNiP 30-02-97.
A polycarbonate fence, although it transmits light, is still not fully. And if the neighbor decides that he is darkening the site, he can sue.
Who should put up the fence
The legislation does not oblige a certain owner to build a fence along the border of the site with another owner. Therefore, you will have to negotiate with your neighbor and conclude an agreement with him. If possible, it is better to give in and build it yourself. Having an enemy at your side is not the best choice.
If a dispute arose over who owns the fence between neighbors, it is logical to assume that the owner is the one who built it. But if it was built earlier and not by neighbors, then a site plan is needed. The owner will be the one on whose site it is built. And if it is built on the border of the plots, then it will be common.
Is it possible to put a fence on the boundary
In the village, only the yard is often fenced off, while the vegetable gardens remain open on all sides. However, the laws do not prohibit the construction of a fence along the boundary and around the entire perimeter of the site. The only rule is that the construction should not violate the rights of neighbors and urban planning norms.
Is it possible to make a fence if the neighbors do not agree
Not always a neighbor agrees to erect a fence. If it was not possible to agree with him peacefully, then it is better to refrain from building. Another option is to put a chain-link fence with a height of no more than 1,5 m strictly along the border of the site. It will be difficult to challenge such construction even in court.
Can the new owners challenge the fence erected before them?
If you built a blank fence along the border with a neighbor on the basis of a written agreement concluded with him, and then the adjacent plot was sold, you do not need to fear the dissatisfaction of the new owner. Under Russian law, such a fence would be considered legal due to established conditions. However, it is important to keep your copy of the agreement so that you have something to present to the court.
Conclusion
In areas owned by TSN, the installation rules, height and other parameters of the fence are regulated by the Charter of the organization. The previously used SNiP 30-02-97 can be guided, but the norms given in it are advisory in nature.
On IZHS and LPH lands, rules regarding fencing between neighbors may be regulated by local regulations. If a house in a village or forest stands separately, then there are no restrictions on the height and transparency of the fence. It is imperative to draw up an agreement between neighbors, and build the fence itself strictly along the border of the site.