By law: fence height between adjacent areas
Height fence between neighboring sites, according to the law, this is one thing, but in fact, often we have something completely different, often infringing on our rights. The editors of homemaster.techinfolux.com/en/ will tell you how to resolve this issue, focusing on the letter of the law.
The content of the article
- 1 What the Land Code of the Russian Federation tells us: the purpose of land and their fencing
- 2 We determine the rules for the fence of garden, vegetable garden and summer cottages
- 3 Features of the height regulation and other parameters of the fence in populated cottage settlements
- 4 SNiP requirements for fencing a private territory with fences of various types
- 5 Different cases of fence installation
- 6 Useful video: fence height in the country according to SNIP
What the Land Code of the Russian Federation tells us: the purpose of land and their fencing
You don't need to invent anything, everything is spelled out in the Land Code of the Russian Federation, which states that from January 1, 2019, all summer cottages and garden plots are called TSN - a partnership of real estate owners. In addition, the lands of settlements include IZHS - individual housing construction and private household plots - personal subsidiary plots. Each such land plot can have its own fence by law.
Since the norms of SNiP No. 30-02-97 regarding the height of the fence between the plots are advisory in nature, it is interesting and useful to study the Rules for Land Use and Development.
We determine the rules for the fence of garden, vegetable garden and summer cottages
It is up to everyone to decide what kind of fence one would like to see as a dividing one, but since this is still the border between the two sections, it makes sense to discuss this issue with the neighbors.
What fence should there be between neighbors? In practice, a good result that suits both parties is not always obtained. In this case, refer to the advisory standards.
What does the law say about the height and other dimensions of the fence between neighbors
How high should the fence be between neighbors? SNiP directly says that the acceptable height of the fence separating two adjacent sections is 1.5 m. There is also an indication that this should be mesh or lattice fence... Only in this case the airflow of the territory will not be disturbed, as well as its illumination by the sun.
There is also a new edition of SP 53.13330.2011, from which it is clear that there are no specific requirements for the height of the fence for SNT sections, but a mesh fence is still recommended.
The charter of the society of all TSN participants prescribes the permissible norms that everyone should familiarize themselves with. The height of the fence between adjacent sections of individual housing construction is also fixed by the letter of the law.
Advice! All agreements with neighbors are best done in writing with signatures and appropriate marks in the documentation of the summer cottage partnership.
Design advice
What kind of fence can be built between neighboring sites so as not to quarrel with neighbors? It is not worth spoiling good-neighborly relations, it is better to go according to the TSN charter and make a fence according to the regulations.
If for some reason it is difficult to comply with such norms and you want to build a high fence, then you can make a decorative fence between the neighbor's plot and yours, and already on your own land, stepping back a meter, build the desired fence, but you will need to call it "construction and other building" ...
Related article:
At what distance from the fence can you build a toilet: regulatory requirements SNiP, optimal distance from a residential building, fence, artificial reservoirs, expert advice - read the publication.
Features of the height regulation and other parameters of the fence in populated cottage settlements
Summer cottage associations are great, but what about fences in cottage villages?
Private house: height and other dimensions of the fence between neighbors
Land surveying is required: all borders are measured with the installation of boundary pegs, photographing the result and saving documents.
This is the first step towards installing a fence that won't violate anyone's rights. An error of up to 20 cm is allowed: the indent is made inside the territory. Now the most important thing: a construction and geodetic ruler is taken, applied along the border of the site and the fence, everything is photographed many times. Such a measure is needed so that the neighbors do not use the cadastral offset, and the court does not establish an error.
We take into account the rules of local authorities when designing
There is always some document that regulates something. When drafting boundaries and fences, you should also refer to the documentation. But the height of the fence is not always spelled out, in this case you need to go to the administration of the municipality and clarify what standards should be based on.
What the local government says can be documented in the PZZ. It is better to check in advance with his recommendations and standards. To find the necessary information, information about the PZZ is looked for on the website of the Ministry of Defense, or in writing they apply to the administration of the settlement.
SNiP requirements for fencing a private territory with fences of various types
The fence can be built temporarily or permanently in the form of a blank fence.
Temporary fences
Temporary fencing is most often erected by a working team from picket fence, but it can be a chain-link mesh, and wooden stopper without foundation.
It so happens that a temporary fence must be more serious than hastily knocked together boards, and the height of the structure can be more than three meters in height.
SNiP 3.01.01-85 regulates the stages of construction work, starting with the preparation of the site where the marking is carried out, and other preliminary measures.
At the construction stages, temporary fences are erected - mobile or stationary. Stationary high fences are installed where long-term construction is planned.
What is the permitted height of the fence between neighbors for temporary placement? Since the fence is temporary, then there are no violations.
Solid fences along the tracks
But if we are talking about such a neighbor as a highway, then let's say the indicator is 5 m. There is a good reason for this: first of all, it is a decrease in the noise level.
But if an amicable agreement is reached with them, it is drawn up in writing, indicating the height of the fence and all accompanying measurements.
The maximum height of a fixed fence is 2.2 m. This fence serves as additional noise insulation for each side.
Related article:
Is it possible to put a blank fence between neighbors in a private house: SNiP recommendations, norms for SNT, laws on height, fire safety, obtaining permission to build a fence, the consequences of illegal installation of a solid fence - in the publication.
Different cases of fence installation
It so happens that neighbors lead a very noisy lifestyle, from which you can easily get tired. Often, a tall hedge is a lifesaver. But what if the standards assert their own?
What to do if you need to install a high fence from neighbors
We have decided what height the fence can be placed between neighbors. However, do not wait for the noise problem to resolve by itself, so we put a high fence.
How to put a fence between neighbors, if it must be absolutely high? We'll have to go and coordinate our actions with local authorities.
How to dispute if a neighbor installed a high fence
What if a neighbor's fence bothers you? First, we go to the culprit of the unauthorized decision, there is still a chance to come to an agreement.
If a neighbor hid behind his fence and does not want to discuss this topic, we go to court. There you will need to refer to the norms of the TSN charter in SP 53.13330.2011. But even this may not be enough. It is better to demand consideration of the violation of Article 304 of the Civil Code "Protection of the owner's rights from violations not related to deprivation of ownership."
You can refer to the shadow that the design casts, hindering the growth of your zelents.
Successful erection of the desired fence!