Buyers of land plots, as well as individual developers who begin building houses on land acquired or allocated by local authorities, are concerned about the proper installation of fences. In order not to violate the interests of people living nearby, as well as not infringe on your rights, you need to clearly know which fence can be placed between neighbors according to the law in force in the territory of this subject. We note right away that this issue is considered in many regulatory legal acts, none of which can be ignored. Limitations are set according to several parameters, such as height, material of manufacture, blowing capacity of the fence, distance to important objects located on the territory of their own and another's site. In order to avoid a conflict that could develop into a legal showdown with the subsequent payment of fines and even the demolition of the constructed fence, everything must be decided by law before the start of construction work.
What to be guided by during the construction?
The main legislative act regulating the planning and construction of structures on a land plot is the Code of the Russian Federation for urban development. However, in this document there is no guidance on the mandatory placement of a blank fence between adjacent sections. Therefore, SNiPs are taken as a basis, that is, building codes and rules, which can be supplemented by decisions adopted at the local government level. These documents specify the requirements for the construction of fences on the territory of a settlement dictated by:
- climatic features of the region;
- dominant terrain;
- the presence of objects of cultural heritage, etc.
The need for obtaining permission from the local authorities for the construction of the fence may also be indicated. The issuance of such permits is carried out in the district and city administrations by departments of urban planning and architecture, which ensure that the life support systems of the settlement (water supply, electricity networks, other engineering communications) are not located on the private fenced area. If an illegally constructed fence is discovered, the owner will be forced to dismantle it at his own expense.
Clear definition of land boundaries
First read the available land documents. Then precisely establish the location of all borders between adjacent sections and coordinate the data obtained with neighbors who are interested in legal resolution of this problem. If all owners agree with the boundaries established between the plots, an act is drawn up which reflects the agreements reached. The act is signed by representatives of all interested parties. This document will protect the owner of the fence from attacks by disgruntled people in the future when the owners of the site change.
It will also be useful material on how to properly mark the boundaries of the garden and zoning: //diz-cafe.com/plan/razmetka-sadovogo-uchastka.html
If you encounter difficulties with the exact definition of the boundaries of the land, it is recommended to contact surveyors. Specialists will not only examine the available documents, but will also inspect the area, after which they will give the applicant a plan on which the location of the boundary signs will be indicated.
Boundary marks for the delimitation of land located next to each other, are established by specialists of companies licensed for this activity
How to find an experienced surveyor?
You can find a competent surveyor through your friends who have already applied to the appropriate services for such services. You can also use the list of organizations and individual entrepreneurs who are licensed to carry out this type of work, which is available in the authorities in charge of architecture and land management in the region, district of residence.
Check the price list of companies, as well as the list of services provided. Especially, take an interest in the accounting documents that you will have after the completion of work. Low prices for services should alert you, as the company may work to restore the boundaries of the land inappropriately. The cost of all work is normalized, so cheap services are caused, as a rule, by the poor quality of the necessary control measurements. Attracting such “specialists” can only aggravate the conflict that erupted between neighbors over the borders of the site.
Competent surveyors will give you the following:
- Act on the restoration of the boundaries of the site;
- a plan of the land plot, in which there will be a description and diagrams with points of rotation angles of the borders of your land plot;
- explanatory note in which the contractor reports on the work performed.
In addition to documents, specialists should show you the location of the boundary marks, as well as explain how to restore them according to the documents using a tape measure in case of loss or intentional destruction.
With the help of special measuring equipment, surveyors determine the exact location of the boundaries of the site, along which fences are then installed
Try to discuss with a number of residents the possibility of joint payment of surveyors. If they agree, then provide for an additional package of reporting documents in the contract.
What to build a fence from: requirements for materials
SNiPs do not put forward special requirements for materials selected for construction. And the neighbors are often dissatisfied not with the material chosen for construction, but with the height of the structure. Moreover, dissatisfaction in most cases is justified, since during the construction of a high fence the territory of a nearby site is obscured and loses "airing". Therefore, in orchards and household plots intended for growing fruit and vegetable crops and vegetables, a fence is installed only with gaps.
Such a fence may be:
- mesh;
- trellised.
You can learn more about how to install a fence from a netting net from the material: //diz-cafe.com/postroiki/ustrojstvo-zabora-iz-setki-rabicy.html
The height of the fence between the garden plots cannot exceed one and a half meters. If someone ignores these standards (either intentionally or unknowingly), the injured party must apply in writing to the horticultural department or local authorities.
Installation of a blank fence from a profiled sheet is possible only from the side of the street, while no permits are required if the height of the structure does not exceed one and a half meters
The fence with outbuildings can be separated by a blank fence from the side of the roadway. If a fence is being built by people nearby, then it is necessary to observe a number of requirements for its remoteness from the borders of neighboring sections.
How to put a fence?
During construction, they are guided by the unspoken rule that the supporting pillars of the structure have:
- or at the border of the plots;
- or on the side of the owner of the land plot that started the installation of this structure.
It is necessary to strictly monitor that, without exception, all parts of the fence are located on the territory of the developer. No need to cheat and try to "chop off" extra centimeters. This can result in big troubles and material losses. Not every neighbor is ready to put up with a similar situation. Therefore, you should not count on a person’s loyal attitude towards the seizure of excess stewards in their property.
Two basic requirements are imposed on the design of the fence installed between adjacent land plots: light transmission and air permeability. Therefore, fences are made with gaps
See the video for more details:
How and by what is the height of the fence standardized?
The height of the fences between the neighbors' plots allocated for individual housing construction cannot exceed two meters. If the land owner plans to put the protective structure above this value, then he needs to get permission from the architect.
In the same way, a land user should act to establish a fence in close proximity to the highway. At the same time, the height of the fence can reach only one meter. Otherwise, the owner of the site will not receive permission from the architect. Restrictions are imposed on the construction of the fence and its height in areas with an angular arrangement.
You can’t isolate yourself from the whole world with a high fence, but you can try. But why? After all, from above the plot is always open
Where to build a house and other objects on the site?
Individual developers are trying to maximize the benefits of using every meter of land. At the same time, they forget that the law establishes how many meters from the fence of the neighbors you can start building a house without violating the rights of people living nearby. Therefore, when choosing a place on the site for the construction of residential and other purposes, it is necessary to be guided by a number of existing rules that normalize the distance from these structures to the border of other sections, namely:
- 3 and more meters retreat from the house, as well as from other residential premises;
- 4 meters are left from premises intended for keeping birds and small livestock;
- 1 meter - to the garage and other types of technical rooms.
Note that trees of medium height should be planted at a distance of 2 meters from the neighbor's fence, and tall - 4 m.
The layout of the main objects on the plot relative to the fence. When planting trees and shrubs, legal standards are also taken into account
The distance between the house built on your site and the border of your neighbors should be measured from the wall or basement of the structure if the ledges, awnings and other building elements do not protrude more than 50 cm. If the specified value is exceeded, then measure the distance from protruding designs. You can always negotiate with a person, just remember to fix the compromise agreement on paper. This document will protect you in court in the event of a conflict, confirming the correctness of the actions you took during the construction of the fence and the house on the site.
More information about the requirements for the distance from the fence to the buildings can be found here: //diz-cafe.com/plan/rasstoyanie-ot-zabora-do-postrojki.html
Compliance with fire regulations
Great care must be taken to comply with fire safety standards of construction, as your life and the life of your loved ones depend on this. Building materials belong to different classes of combustibility. Based on this, it is necessary to comply with SNiP norms that establish the minimum distance between structures under construction on the site, namely:
- 6 meters should be separated by objects built from non-combustible building materials, such as concrete or brick;
- 8 meters should be between concrete and brick buildings having wooden floors or other elements made of wood;
- 15 meters is considered a safe minimum between wooden buildings.
The meters left between the objects will help save the house in case of a fire raging in the nearby area, since the fire will not be able to spread to a nearby building. And it’s easier for special equipment to approach the place of ignition, if it is not blocked by numerous buildings, literally stuck on each other.
You can’t try to make the fence closer to the road, thereby increasing the area of the fence. This violates the so-called "red line" along which all the houses on the street are aligned. Penalties are applied to violators, which can develop into demolition of the fence. It all depends on the persistence of local authorities, which can generally “turn a blind eye” to a violation or limit themselves to only collecting an administrative fine.
Compliance with fire safety standards will protect not only the objects built on the site from fire, but also save the lives of property owners
Remember that ignorance of the law is not a good reason for not fulfilling it. Therefore, to hide behind the fact that the first time you hear about the requirements for the construction of fences, it will not work.
Disputes and methods for their settlement
Disputes arising between living in areas located nearby are mainly associated with improper installation of the fence. And usually one of the parties takes this step consciously and purposefully, hoping that the neighbor will not deal with the judicial clerk. However, the injured party is not always silently silent, holding a grudge in the soul, or is limited only to loud abuse. A growing number of people solve such issues in court, knowing that the truth is on their side. Therefore, the treacherous seizure of foreign territory by moving the old fence or building a new one, to put it mildly, is not welcomed in our time.
It is necessary to erect a fence on the territory of your site, so as not to demolish the constructed fence by a court decision in favor of the deprived neighbors
There are two ways to find a way out of a controversial situation.
- The first method lies in the plane of a peaceful settlement of the conflict, when the parties manage to find a compromise solution in the course of negotiations and establishing good neighborly relations.
- The second method is more energy-consuming, and also financially burdensome, as it is associated with litigation, which can last for years. At the same time, none of the parties is safe from the loss, which means that there is a threat of remaining in one's own interests and paying compensation for the expenses incurred and moral damage to the "hated" neighbor.
Therefore, you still need to try to follow the peaceful path, developing diplomatic qualities in yourself and your family members. After all, a bad world is better than any, the best, war.
How not to quarrel with neighbors?
In all life situations, you need to relate to people around you the way you would like them to relate to you. This win-win behavior will allow you to maintain a good relationship, which will be terribly destroyed due to some kind of fence. Perhaps one of the parties will make concessions and itself will come up with a proposal for a slight transfer of the fence. After all, both people want their plots to be fenced off with a solid and beautiful fence. This means that there are points of convergence of interests around which dialogue should be built based on the norms of legislation.
