Construction of a country house distance from the neighbors' fence. Distance from fence to building

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When planning to build a fence, any owner of a suburban area tries not only to delineate the material boundaries of his territory, but also to protect his property from the idle interest of passers-by and attacks on the property of uninvited guests. Therefore, at the site planning stage, one of the key aspects that must be approached responsibly is the distance between the fence and the building. At what distance from the fence you can build a house without contradicting existing legislation, we will consider in more detail how to interpret the norms, adapting them to the conditions of land plots.

Many owners of country houses install fences around their property, focusing only on their own opinion. But such a negligent approach can lead to all sorts of troubles, which sometimes have to be resolved only in court.

Distances between objects in private development are regulated by two main documents:

  • SNiP - building codes and regulations. They determine the planning procedure and describe the procedure for preparing design documentation for private development.
  • Legislative acts regarding new buildings.

It is necessary to understand that the legislative documents regulating the installation of fences call, first of all, to be guided by common sense. The parameters and requirements given in the standards are determined by specific factors.

To prevent the likelihood of conflict situations, when designing buildings on a site and determining at what distance from the fence they should be, it is worth focusing on generally accepted standards

By adhering to current standards when planning the placement of objects on the site, you will ensure peace of mind and comfortable living for yourself and your loved ones

By focusing on current standards when constructing a building, you will protect yourself from many problems:

  • reducing the likelihood of possible fires;
  • excluding the emergence of “land” conflicts with neighbors;
  • preventing penalties from technical supervision and State Fire Supervision.

SNiP requirements

Mandatory conditions that must be observed when designing a site:

  1. The distance between the residential building and the fence should be 3 meters.
  2. Any outbuildings, such as a shed for storing garden tools or a garage, can be installed closer to the fence, maintaining a distance of 1 meter.
  3. If there are poultry houses and outbuildings on the site intended for keeping livestock, then a distance of at least 4 meters should be maintained from them. The same distance should be maintained when setting up a greenhouse, especially if you plan to regularly feed the crops with organic fertilizers.
  4. Structures characterized by an increased fire hazard, such as a bathhouse, sauna or mini-boiler room, should be located 5 meters from the fence.

Restrictions are also provided if there are trees with spreading crowns on the site. The temptation to save a couple of meters of space by placing green spaces closer to the border is warned by the same regulatory documents. The distance from the outer fence to tall trees must be at least 4 meters.

When planning to plant medium-sized fruit trees on a plot, you should place them at a distance of 2 meters from the external fence, and plant shrubs a meter from it

Keep in mind that when determining the distance to the edge of the site, the distance is calculated from the center of the trunk. Therefore, complaints from neighbors regarding the shading of their territory by an overgrown tree crown should be taken into account only if the plant is planted closer than the current SNiP allows.

The main provisions of the building rules SP 30-102-99, as well as SNiP 30-02-97, regarding the distances from buildings to the fence (click on the picture to enlarge)

It is strictly forbidden to move buildings closer to the border in order to thereby increase the area of ​​the yard or sowing area. Failure to comply with the standards may result in administrative penalties in the form of fines and forced dismantling of the erected fence.

Fire regulations

If we consider the requirements regarding the distance to the fence facing the street, then in addition to the above provisions, a number of restrictions regarding fire safety should be taken into account.

Any capital buildings on the site, depending on the type of building material used in their construction, are divided into 3 categories

Buildings made of completely non-combustible materials such as concrete, reinforced concrete, brick and stone have I-II degree of fire resistance. They should be placed away from the fence, maintaining a distance of 6-8 meters.

Frame structures with floors made of non-combustible materials such as metal tiles or corrugated sheets have a fire resistance degree of III. When erecting them, it is necessary to maintain a distance of 10-12 meters from the fence.

Wooden buildings and buildings based on a wooden frame are the most vulnerable and have a fire resistance class of IV. Therefore, even if wooden elements are impregnated with fire retardants, which contain fire retardants, the distance to the fence should be at least 12 meters.

The distance from a residential building to the fence can be reduced only with permission from special services, as well as mutual and documented consent with the owners of neighboring plots.

When determining the distance from the building to the fence, you should not discount sanitary standards.

So for buildings with an increased fire hazard, the arrangement of which involves the provision of necessary communications, the distance to the fence should be 5 meters. In this case, the distance to the neighboring residential building must be at least 8 meters. To create conditions under which it is possible to reduce the distance from the external fence to the same bathhouse, experts strongly advise installing a sewer drain for water disposal.

No one would enjoy having a neighbor's restroom close to their home. Yes, and enclosures for walking livestock or poultry houses can cause a lot of trouble associated with the flow of wastewater into the soil layer. Therefore, even if the required distance to the fence is observed, buildings of this kind should be placed at a distance of up to 12 meters from the neighboring house.

An outdoor closet on a site, like sheds for keeping livestock, can be installed four meters from the fence, but at the same time maintaining a distance from the neighbor’s house

In accordance with fire safety standards, outbuildings adjacent to the house must have a separate entrance. But then, when determining the optimal distance, you should take the greatest value of the protruding architectural elements: canopy, roof, porch. In addition, when arranging the roof slope, even if it is set back 1 m from the boundary, it must be directed towards your yard. These standards apply equally to buildings located in both adjacent territories.

Since the fence itself can be a bulky structure, the distance should be measured from the border to the base of the house.

An important point: if the thickness of the fence does not exceed 10 cm, then it can be safely placed in the middle of the boundary line. If you are building a heavier and bulkier enclosing structure, the fence must be moved towards your property. From the neighboring territory it is allowed to “capture” only 5 cm of the total thickness of the fence being built.

Many owners of suburban areas are more tolerant of the issue of maintaining sanitary clearances. But they are still worth taking into account, since when changing the form of ownership or selling a plot, unforeseen problems may arise.

Relations with neighbors

Conflicts between neighbors regarding the boundaries of their plots and the incorrect placement of buildings on them are not such a rare occurrence. Often, domestic conflicts subsequently become the basis for legal proceedings.

Among the most common causes of such conflicts are:

  • the fence is too high or blank;
  • the fence extends far into the neighbor's territory;
  • During the construction of the fence, the standards for compliance with the lighting of the site were not taken into account, as a result of which the neighboring site became shaded.

According to land use rules, one common fence is enough to delimit neighboring plots. Two separate fences are installed when there is a road between these areas. In this case, it is allowed to erect a continuous fence between neighbors.

The widespread movement to build two- or three-story cottages on small plots of 6-7 acres often causes conflicts between neighbors due to shading of the territory

A structure erected near the boundary between plots can have an impact on the territory of nearby properties. And not many owners of neighboring plots consider such an influence acceptable. Therefore, before erecting a building, it is better to obtain not only written permission from interested organizations, but also the consent of neighbors.

Based on this, it is worth noting that if your neighbor finished the construction of his building before you, then in an amicable way, before building your house, you need to retreat, maintaining a normalized distance.

Fence height requirements

Many people mistakenly believe that an external fence can be erected without any formal conventions. In fact, regarding the dimensions of enclosing structures, building rules are mostly advisory in nature.

The material used in the manufacture of external fences is not regulated by building codes. Also, the distance between the supporting fence posts is not strictly regulated.

The gap between the supporting posts of the fence is determined based on the construction technology of the structure and the specified strength parameters

Fences are divided into two types:

  • fences between adjacent plots of land;
  • fences separating the land plot from the public area.

The height of the fence “looking” at the street and the height of the fence delimiting neighboring areas are two different things. In the first case, you can safely erect a fence of any height. The main thing is that the fence has an aesthetic appearance on both sides and fits harmoniously into the architectural ensemble of the street.

Restrictions are only imposed on the use of elements that may pose a danger to people. These include barbed wire. It should be suspended at a height of 1.9 meters.

When it comes to fencing between adjacent areas, SNiPs are more precise in this matter: the height of the fence should be within one meter. Yes, and to mark the boundaries, you can install fences that do not create shading and do not interfere with air exchange above the soil surface. This means that the lower part of the fence must be well ventilated. The best option is a lattice fence or, but not a fence made of solid fabric such as a shield fence or.

It is also allowed to construct fences made of hedges, supplemented with mesh and forged elements, to mark the boundaries between adjacent areas.

But there are a number of circumstances in which you will have to obtain permission to build a permanent fence. Approval will be required in the following cases:

  • if the site borders on public territory and a protected area with architectural monuments;
  • if it is necessary to erect a fence on a retaining wall, which reaches a height of 2.5 meters.

Do not rush to build a permanent fence if the boundaries of your site have not yet been included in the state cadastral plan.

Video: site arrangement according to GOST

Of course, there are situations when land plots are so small that their area simply does not allow compliance with all the rules for the mutual placement of buildings. In this case, you can solve the problem by using the services of BTI specialists who know all the subtleties and nuances. Otherwise, if conflicting issues arise, you will have to involve lawyers.

In the case of individual construction, we are most often talking about zones of individual residential development (plots are allocated for individual housing construction or private plots and are located within the boundaries of a populated area). In such areas, it is necessary to retreat at least 1 m from the border of the plot (your own plot, that is, owned by you by right of ownership) when building a one-story residential building, 1.5 m when building a two-story residential building, 2 m when building a three-story residential building houses, provided that the distance to the residential building located on the neighboring plot is at least 5 m.

And in any case, it is necessary to remember that from the future residential building to the border of the neighboring plot, the distance for sanitary conditions must be at least 3 m.

Now let's take a closer look at the requirements for non-residential buildings.

Basic rule:

In areas with residential one- and two-apartment buildings, the distance from the windows of living rooms to the walls of a neighboring house and outbuildings (barn, garage, bathhouse) located on adjacent land plots must be at least 6 m.

It is also advisable to withstand:

Distance from the building foundation (any) to utility networks:

  • Water supply and pressure sewerage5 meters.
  • Gas pipelines for flammable gases, depending on the pressure in the system, MPa (kgf/cm2):
    • low , up to 0.005 (0.05) – 2 meters;
    • average , over 0.005 (0.05) to 0.3 (3) – 4 meters;
    • high :
      • over 0.3 (3) to 0.6 (6) – 7 meters;
      • over 0.6 (6) to 1.2 (12) – 10 meters.
  • Power cables all voltages and communication cables – 60 cm;
  • Channels, communication tunnels2 meters.

Standards and regulations

  • SNiP 2.07.01-89 Urban planning. Planning and further development of both urban and rural settlements;
  • MSK-MGSN 1.01-99 clause 9.1;
  • MO – TSN 30-303-2000 clause 10.15;
  • Small-sized buildings: SP 30-102-99: Planning and further development of the Small-sized construction area, clause 5.3;
  • Fire safety requirements: 123-F3, including sanitary SanPin 2.2.1/2.1.1.1200;
  • Requirements for communication systems SNiP 2.07.01-89.

Indentations depending on the type and number of storeys of the building

The maximum permissible projections beyond the so-called “red line” of individual parts of various buildings are permitted in the same way: balconies, loggias, canopies, etc. - no more than 3 meters, and no higher than 3.5 meters from the ground.

With a standard width of a land plot of 12 meters (or at least 8 meters), as well as with the possible location of additional real estate objects on it, the minimum setback during the construction of a residential building from the neighboring one must be no less than:

  • not less than 1 meter, during the construction of a one-story building;
  • at least 1.5 meters when building a 2-story house;
  • when constructing a building of more than 2 floors, the indentation should be at least 5 meters.

According to the current legislation in urban planning, during the construction of a residential building, a distance of 3 meters from the boundaries of the land plot is allowed. This legislation applies to a land plot whose width is at least 12 meters.

As for additional buildings, their construction is allowed with an indentation of at least 1 meter.

Planning and further construction of outbuildings, in particular bathhouses, is allowed with an indentation of at least 1 meter from the edge of the land plot.

Simple example: Koltakova A.V. I decided to raise chickens on my property. For this purpose she is going to build a barn. However, when calculating the construction site, it turned out that the distance from the fence is less than 1 meter. If she nevertheless decides to build a shed here, she faces an administrative violation in the form of a fine.

Minimum padding

Regarding the minimum distance from the beginning of the territory of the section of the building walls and other buildings, some of which are without windows, the situation in this regard is as follows:

  • construction is permitted at such a distance as to provide a sufficient amount of light at a height of 6 meters or higher at any point on the land during inspection from every corner on the territory. It is worth noting that the account takes into account the territory on which there are no buildings yet;
  • in a situation with a possible connection to land plots that are located within the territorial zone, the current urban planning legislation does not provide for legal norms for indentations during the construction of various types of buildings. Thus, there may be no indentation at all.

Legislative regulation of the minimum setback from the boundaries of the land plot for the walls of residential buildings and other walls of buildings with windows:

  1. at a distance that provides excellent clearance at a height of about 6 meters from any point on the territory, with clearly separated general purpose buildings, the construction of buildings of at least 10 meters is allowed. When constructing buildings of more than 1 floor, the calculation of the distance is carried out taking into account the distance between the buildings and the neighboring site;
  2. in the event that the construction site is located with adjacent buildings, but the future building will include no more than 1 floor, legislative acts provide for a distance from adjacent buildings of 3 meters. Moreover, this is a minimum setback; it can be increased to a greater extent at the request of the developer.

Setbacks from neighboring buildings

The minimum setback distance from neighboring buildings is:

  • for residential buildings located near highways - at least 6 meters from the adjacent building;
  • for buildings with living space, which are located near the passageway, or have access to other lanes with the possibility of vehicle traffic along them, - at least 3 meters.

In other cases, the minimum distance is not provided.

Example: The owner of one of the private houses decided to build a small living room. To do this, he chose the area near the fence. But, the distance from the roadway is less than 6 meters. Therefore, it is prohibited by law.

Fines

Failure to comply with the prescribed standards for the construction of residential buildings provides for a number of administrative penalties:

  • for violation of standards, norms and technical regulations in the amount of 500 to 1 thousand rubles;
  • for the construction and reconstruction of buildings that do not comply with acceptable standards from 2 to 5 thousand rubles;
  • in some cases, state control authorities may impose a requirement for the demolition of part of a building that does not comply with the standards prescribed by the urban planning plan.

However, in most cases, such deviations of 0.2 meters do not become a reason for demolition or mandatory reconstruction of the building. The maximum penalty is usually limited to an administrative fine.

Regarding the second question, if a neighboring building does not comply with established standards, a complaint can be filed with the Housing Inspectorate, which independently verifies the legality of the construction. After which an appropriate decision will be made on subsequent measures to resolve the current situation.

However, more often than not, the statutory documents of each municipality may prescribe a procedure for clarifying or changing the permitted use of land plots. Consequently, the developer could legally change the permitted use by making legal adjustments to the urban planning plan and constructing the building and putting it on the cadastral register. As practice shows, such structures are rarely recognized as illegal, and the maximum penalty is a fine.

Now let's look at a slightly different situation. Suppose you and I have a corner plot. A corner plot is usually very convenient. This is very convenient because you can easily divide it into two sections without pain.

Here, in terms of indentations, in principle, the idea is the same, only here we have a red line going on both sides of the site. That is, in this case we will have two roads. There is a red line on both sides. That is, on both sides our site borders on public land. This means that in this case we must retreat 5 meters.

And only in this rectangle we are building. That is, from here, naturally, three meters from the neighbors. We assume that there is also some neighbor there, again three meters. We are now building in this rectangle. That is, we maintain a distance of 5 meters from the red line in any case. This is minimal.

The situation is as follows: we want to build a non-residential building, that is, not a residential building, not a permanent one. It could be a garage, it could be a gazebo, etc. What is being saved here? A setback of 5 meters is maintained, firstly, for non-residential buildings. That is, you can also build a garage from the border with the red line at least 5 meters.

If we take the classic garage size, 4 by 6 meters, this is our garage, three meters high. We must retreat from the red line at least 5 meters, and further requirements for non-residential buildings: only a meter can be retreated from the borders with neighbors. That is, we can build our garage at a distance of just a meter from the fence with the neighbors.

At the same time, we should not have the risk of snow falling onto our neighbor’s property. That is, if your roof overhangs, let’s say another half a meter away, that is, you have a very small distance between the fence, or your roof is absolutely huge and overhangs your neighbor’s property, this is naturally prohibited. If there is a danger of snow falling onto your neighbor’s property and, accordingly, causing him some kind of injury in the process, you must install snow detainers on the roof.

So, let’s now imagine that we have already built a garage, although these layout data are not very convenient. The shadow area will be very large. But suppose we now want to build another gazebo 4 by 4 meters. The gazebo can be placed anywhere on our site, maintaining the same indentations. That is, again we retreat from the red line 5 meters, from the remaining parts by a meter. It can be placed in a corner, or a bathhouse, if you want, at a distance of a meter from the neighbor’s fence. These are approximately the standards.

It is highly recommended to adhere to these standards. If you think about fire safety standards, these 3 meters, 1 meter, 5 meters from the red line, sanitary distances are important, they are unchanged, they must be maintained. In the future, if you don't stick to them, you could end up with a lot of money if your neighbor can prove the damage you're causing him.

The damage could be that he can't use any amount of his land if you line up too close to his fence. He will have to retreat even further, and because of this he will not be able to use some of his land. This is direct damage, or rather indirect, it can be won in court, and so on.

It is recommended to obtain a building permit and build quietly, taking into account all regulations. After March 2015, all the freebies related to post-registration of construction are completed, even if you built everything according to the standards.

Site development rules depend on which zone it belongs to. Main zone codes: T1Zh1, T1Zh2-1, T1Zh2-2, TD-1_1, etc. a complete list of zones with decoding can be found in the document PZZ - rules of land use and site development. Residential areas, multifunctional areas, public and business areas, industrial areas.

Knowing the code of the zone in which the site is located, find in the document PZZ - (Land use and development rules) , part 3 appendix 3 of the required article, most often this is indicated in article 6 “Minimum setbacks of buildings, structures, structures from the boundaries of land plots.” In article 6 of the document PZZ the main site development rules and acceptable indentations of buildings and structures from the boundaries of the site, also in subsequent articles special cases for specific zones are indicated.

Question:
Help me determine at what minimum distance from the edge of the site it is possible to build a temporary administrative building of 2 floors? TD zone, subtype TD1-2_1. The site diagram is below. Thank you.

Answer:
The area in question is highlighted in blue (upper yellow arrow) according to the PZZ. Your site is not a special case and its development is determined by Article 6. In this case, even though there are no buildings around the site yet, they may be erected in the future, you must retreat from the boundaries by 10 m, just as your neighbors must retreat by 10 m, then there will be at least 20m between buildings. along the border of the site coinciding with the red line, the indentation can be 0 meters, because The red line separating the road planned according to the city plan creates an empty area that will definitely not be occupied by tall buildings and insolation of your building will be ensured (explanations with excerpts from the PZZ below).

When planning the construction of residential or commercial buildings in individual housing construction and gardening partnerships, you need to familiarize yourself with the requirements of regulatory documentation: construction, environmental protection, sanitary and fire safety, regulating the location of capital construction projects relative to each other, neighbors, water sources, and so on.

After receiving the right to use the land and the right to develop, planning the structure of the site begins. The construction of residential and utility buildings is carried out for long-term operation and must ensure:

  • legalization of the building;
  • safety of residence;
  • convenience of living;
  • safety and convenience of neighbors;
  • unimpeded movement of people and vehicles in public areas;
  • no negative impact on water sources, flora and fauna of the area.

Therefore, the layout of the site and the relative position of its elements must be thought out in advance and comply with the rules and regulations.

Building codes governing the location of buildings

When developing privately, you need to remember the “red line” (clause 11 of article 1 of the Town Planning Code of the Russian Federation) - the border between your site and public areas, as well as other people’s private landholdings. When installing a fence, the boundary with the street must be strictly observed. If the fence is located almost on the red line, then the gate and the gate can only open inward. The doors should not cross this conditional line, creating possible inconvenience for passers-by, cyclists, and drivers.

The main regulatory document defining the minimum distances to various economic and natural objects is mandatory (not advisory) for execution SNiP 30-02-97. According to them, the distances to the red line in accordance with clause 6.6 should not be less than:

  • residential building - 5 m from the street and 3 m from the driveway (the street has a name, the driveway does not);
  • outbuildings - 5 m from both the street and the driveway.

The fence is the boundary of your site, but this does not mean that you can place buildings and plantings in the interior space without restrictions. Tree crowns should not block sidewalks or overhang the neighboring area unnecessarily; sounds and smells of residential and commercial buildings should not disturb passers-by and neighbors. The distances to the fence between plots can be changed by agreement with the neighbors, certified by a notary.

Minimum standardized distances from the boundary between sections to objects (clause 6.7):

  • residential building - 3.0 m;
  • poultry house, barn, pigsty, etc. — 4.0 m;
  • greenhouse with fertilizing with organic fertilizers - 4.0 m;
  • garage, barn - 1.0 m (but water drainage from the roof, according to clause 7.5, cannot be organized on the neighboring site - the roof slope is oriented towards its site);
  • bathhouse, sauna, shower, toilet - 2.5 m (more details in the “Sanitary requirements” section);
  • tall trees - 4.0 m;
  • medium-sized trees - 2.0 m;
  • bushes - 1.0 m.

Distances from buildings are measured from the base or wall, if there are no decorative elements that protrude further than 500 mm. The distance between green spaces and the fence is measured to the conditional center of the trunk. An abundantly overgrown tree crown, if planted correctly, cannot be the cause of a claim from neighbors.

When planning a site, keep in mind that according to clause 6.13, the combined area of ​​structures (house, outbuildings, gazebo, garage), platforms and paths cannot occupy more than 30% of the entire site. The rest of the space is a green zone; it is impossible to pave the entire yard.

Attention! A permanent fence can be installed only after the boundaries of your site have been entered into the cadastral plan. During the legalization period, the role of a fence can be played by a chain-link mesh stretched over poles. The height of the permanent fence should not exceed 1.5 m so as not to shade the neighbors’ area.

Maximum permissible parameters for the development of residential areas for low-rise individual construction

Development coefficient (Кз) is the ratio of the area occupied by buildings and structures to the area of ​​the site.

Development density coefficient (Kpz) is the ratio of the area of ​​all floors of buildings and structures to the area of ​​the site.

Type of development Size of land plot, m 2 Area of ​​a residential building, m2 of total area Building coefficient K z Building density coefficient, Kpz
A 1200 or more 480 0,2 0,4
1000 400 0,2 0,4
800 320 (480)* 0,2 (0,3)* 0,4 (0,6)*
B 600 360 0,3 0,6
500 300 0,3 0,6
400 240 0,3 0,6
300 240 0,4 0,8
IN 200 160 0,4 0,8
100 100 0,5 1,0

A— Estate development of rural-urban type with a plot size of 1000-1200 m2 or more with a developed economic part.

B- urban cottage-type development with a plot size from 400 to 800 m2 and a cottage-blocked type (2-4 apartment semi-detached houses with plots of 300-400 m2 with a minimum utility part).

IN- multi-apartment development of a blocked type with a plot size of 100-300 m2.

* In brackets are acceptable parameters for cottage development.

Note:

1. For land plots larger than 1200 m2, the area of ​​a residential building is not standardized at Kz ≤ 0.2 and Kpz ≤ 0.4.

2. When the size of apartment land plots is less than 100 m2, the tuning density (Kpz) should not exceed 1.2. At the same time, KZ is not standardized subject to sanitary, hygienic and fire safety requirements.

Sanitary requirements for site planning

When planning a site, sanitary standards should be given special attention, because they are aimed at preserving people’s health. SNiP 30-02-97 gives the minimum distances that must be maintained between buildings for sanitary reasons (clause 6.8).

  • house and cellar - more than 12.0 m from the toilet, poultry house, small livestock housing;
  • house and cellar - more than 8.0 m from shower, sauna, bathhouse;
  • well - more than 8.0 m from the toilet, compost heap, septic tank.

When planning construction, make sure that these distances are respected in relation to buildings in adjacent areas.

If a room for birds, goats, piglets has a common wall with a residential building, the entrance to it must be isolated, at a distance of at least 7.0 m from the entrance door to the house (clause 6.9). The distance from such a block to an adjacent area should be:

  • from the house - not less than 3.0 m;
  • from the premises with animals - not less than 4.0 m.

For garages adjacent to the house, the distance to the inter-estate boundary is (clause 6.9):

  • from the house - more than 3.0 m;
  • from the garage - more than 1.0 m.

Fire safety rules for placing objects on the site

Rules for the conservation of water resources, if they are located near your site, are regulated by the Water Code of the Russian Federation. This applies primarily to the rules for water supply and sanitation. In addition, restrictions apply to the use of the coastline for walking animals, recreation, dumping earth, compost facilities, and plowing. The possibilities for using fertilizers on your site are limited. You cannot fence off even a small area for a beach or a boat/fishing bridge - the entire coastline up to a width of 20.0 m is state property.

What are the consequences of failure to comply with building layout standards?

It is better to build from the very beginning, taking into account all the standards, so you will not get problems with the authorities, neighbors, or, more seriously, with the health or safety of property. If you bought a plot of land where the buildings do not meet the requirements, then you need to act in all directions. As for sanitary standards, we need to fix them; as for relations with neighbors, we need to resolve all controversial issues by recording the agreement reached in writing and having it certified by a notary. In many cases, good relations with neighbors are the key to problem-free construction and legalization.

If buildings on the site were erected during the validity of more lenient regulatory documents, then the consideration of the issue is carried out on the basis of their requirements.

Punishments for non-compliance with the rules for the location of buildings are determined by the Code of Administrative Offenses. These are different amounts of fines, and, in addition, there will be a refusal to put into operation until the inconsistencies are eliminated.

If you want to make an extension to the house, it will have to be legalized by the regional authorities. Unauthorized development, according to the Civil Code of the Russian Federation (Article 222), must in most cases be demolished (except for those specifically specified).

Attention! Complete order in the permitting documents for your property will help, if desired, to sell the plot and house without any problems.

Hello Zoya!

Useful information on your question (http://www.mup-zu.ru/voprosy-i-otvety#6)

Minimum setbacks from the boundaries of land plots in order to determine the places of permissible placement of buildings, structures, structures, outside of which their construction is prohibited, must be determined in accordance with the town planning regulations (clause 2, part 6, article 30, clause 2, part 1, art. .38 GrSK RF). The town planning regulations establish the legal regime of land plots, as well as everything that is located above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects, in relation to land plots and capital construction projects located within the relevant territorial zone (h .1 Article 36 of the Civil Code of the Russian Federation). Urban planning regulations relate to the rules of land use and development and are approved by the representative body of local government of the relevant municipality (clause 3, part 2, article 30, part 1, article 32 of the Civil Code of the Russian Federation).
Minimum setbacks from the boundaries of land plots in order to determine the places of permissible placement of buildings, structures, structures, outside of which their construction is prohibited, must be indicated on the drawing of the urban planning plan of the land plot (clause 3, part 3, article 44 of the Civil Code of the Russian Federation), the form of which approved by Decree of the Government of the Russian Federation of December 29, 2005 No. 840. The preparation of urban planning plans for land plots is carried out as part of a land surveying project or in the form of a separate document in relation to land plots that are built up or intended for construction, reconstruction of capital construction projects (part 1, 2 Article 44 of the Civil Code of the Russian Federation).
The construction of an object on a land plot must be carried out in accordance with the town planning plan of the land plot, which indicates the minimum setbacks from the boundaries of the land plot to capital construction objects on the basis of the town planning regulations adopted by the local government body for the territorial zone within which the given land plot is located.
If the development of a land plot in accordance with a building permit was started before the local government body adopted the town planning regulations for the corresponding territorial zone within which this land plot is located, then when determining the setbacks from the boundaries of the land plot to the external contour of the building, structure, structure, one should be guided by previously established standards.
The planning and development of urban and rural settlements is regulated by SNiP 2.07.01−89. According to clause 2.12 of SNiP 2.07.01−89, the distances between residential and public, as well as industrial buildings should be taken on the basis of calculations of insolation and illumination in accordance with insolation standards, illumination standards, and also in accordance with fire safety requirements. In areas of estate development, the distance from the windows of residential premises (rooms, kitchens and verandas) to the walls of the house and outbuildings (barn, garage, bathhouse) located on neighboring plots of land, for sanitary and living conditions, should, as a rule, be at least 6 m. Outbuildings should be placed from the boundaries of the site at a distance of at least 1 m. Blocking outbuildings on adjacent plots of land is allowed by mutual agreement of homeowners, taking into account fire safety requirements.
The planning and development of low-rise housing construction areas is regulated by SP 30−102−99. According to paragraphs. 5.3.2, 5.3.4, 5.3.8 SP 30−102−99 a manor house, one or two-apartment house must be at least 5 m from the red line of streets, and at least 3 m from the red line of passages. Distance from outbuildings to the red lines of streets and driveways should be at least 5 m. To the border of the neighboring apartment plot, the distances for sanitary conditions should be at least: from a manor house, one-two-apartment and blocked house - 3 m; from buildings for keeping livestock and poultry - 4 m; from other buildings (bathhouse, garage, etc.) - 1 m. In areas with estates, one- and two-apartment houses, the distance from the windows of living rooms to the walls of the neighboring house and outbuildings (barn, garage, bathhouse) located on adjacent land plots , must be at least 6 m.
The planning and development of the territories of gardening (dacha) citizen associations is regulated by SNiP 30−02−97. According to clause 6.7 of SNiP 30−02−97, the minimum distances to the border of the neighboring plot for sanitary conditions should be: from a residential building (or house) - 3 m; from buildings for keeping small livestock and poultry - 4 m; from other buildings - 1 m.
The distance between a residential building (or house) and the border of a neighboring plot is measured from the base of the house or from the wall of the house (in the absence of a base), if the elements of the house (bay window, porch, canopy, roof overhang, etc.) protrude no more than 50 cm from wall plane. If the elements protrude by more than 50 cm, the distance is measured from the protruding parts or from their projection onto the ground (cantilever roof canopy, second floor elements located on poles, etc.). When erecting outbuildings on a garden (dacha) plot, located at a distance of 1 m from the border of an adjacent garden plot, the roof slope should be oriented towards your plot.

In this situation, the following liability is possible:

Civil Code of the Russian Federation Article 222. Unauthorized construction

1. An unauthorized building is a residential building, other
building, structure or other real estate created on land
plot not allocated for these purposes in accordance with the procedure established by law and other
legal acts, or created without obtaining the necessary permits
or with a significant violation of urban planning and building codes and regulations.

2. The person who carried out the unauthorized construction does not
acquires ownership rights to it. It has no right to dispose of the construction
- sell, give, rent, make other transactions.

An unauthorized construction is subject to demolition by the person who carried it out
or at his expense, except for the cases provided for in paragraph 3 of this article.

Ownership of an unauthorized construction may be
recognized by the court, and in cases provided for by law in other established
according to the law, for a person, in property, lifelong inheritable possession,
permanent (perpetual) use of which is a land plot where
construction has been completed. In this case, the person whose right is recognized
ownership of the construction, reimburses the person who carried it out for the costs of
construction in the amount determined by the court.

Ownership of an unauthorized construction cannot be
recognized as the property of the specified person if the preservation of the building violates the rights and
interests of other persons protected by law or creates a threat to life and health
citizens.

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