In almost every city there are problems with parking spaces. Many people are completely faced with the fact that other citizens leave their cars near their home, and they themselves can live at a fairly considerable distance from the parking lot. This leads to the fact that people can not leave their car under the windows of the apartment. They have to urgently look for another place that can be very far from home. To prevent such a situation, often the residents of one house install a barrier on the territory of the house. The law allows this process to be carried out, but it must be carried out correctly and taking into account numerous requirements. First you need to get permissions from different authorities.
Legislative regulation
Quite often, the installation of a barrier in the house area is required. The law does not prohibit the installation of various road barriers located next to residential multi-storey buildings. For this, information specified in various legislative acts is necessarily taken into account. These include art. 26 ЗК, Art. 16, 36, 44 and 46 LCD, as well as p. 1.5 SDA.
Only when the requirements of the law are taken into account can a barrier be installed on the territory of the house. The law requires prior permission for this process from various government agencies, which include the fire inspectorate, city administration, and even the housing department.
What conditions must be observed?
If the owners of apartments of the same building decide that it is necessary to install a barrier on the adjacent territory of an apartment building, then they must take into account some of the requirements that must be observed by them. Only in this case it is guaranteed that the installation process will be implemented correctly and with no violations of the law.
The main such requirements include:
- A plot of land located next to the house should be privatized. This process can only be performed by the owners of apartments in the building. For this, shared ownership is drawn up. Only under such conditions, with the help of a decision taken at a meeting of owners, it is possible to carry out the installation of various structures in the territory. To do this, you must first obtain permission from various government agencies. If there is no title to land, then the installation of a barrier in the local area is not allowed. Therefore, initially time and money is spent on land privatization.
- The decision regarding the installation of the structure can be made exclusively at the legal general meeting of owners. At the same time, no less than 2/3 of the votes should be cast for such a decision. If there are fewer positive votes, then other apartment owners can appeal the decision through the court. The installation procedure itself requires really significant financial costs, so a positive decision is made quite rarely.
- To implement this process, you must first develop a special project. It should take into account that it is necessary to create free access to the territory to the house of various special vehicles, which include: a fire truck, ambulance or auto utility services. If the project violates this condition, then it cannot be implemented.
If there are new owners of apartments who did not participate in the voting, then it is not allowed to levy funds for installing a barrier on the territory adjacent to them, since they are not responsible for such a decision.
Legal registration
Many residents of the same house require a barrier to be installed on the territory to preserve parking spaces. The law takes into account that this process should be implemented solely taking into account numerous requirements and conditions. Only with official and legal clearance is it guaranteed that there are no problems with this fence.
Legal registration is considered uncomplicated, for which successive actions are implemented:
- the date of the meeting of tenants of the building is appointed;
- at this meeting, a decision is made regarding which the territory next to the house will be made into the ownership of the residents;
- the decision of such a meeting with other documents is transferred to the state bodies at home.
Each owner of an apartment in such a building must prepare for the fact that he will have to pay land tax, as he becomes the owner of not only housing, but also the surrounding territory.
Based on a written application from tenants submitted to the administration and cadastre department, it is established how much space will be registered in their shared ownership. The Rosreestr registers the borders of this territory on the basis of Federal Law No. 122.
Decision-making
After registering the site in shared ownership, it is decided at the meeting whether it is possible to put a barrier in the local area. 2/3 of the residents must agree with this decision, otherwise the installation of the structure will be considered illegal.
To make such a decision, a meeting of owners is again appointed and held. If the voting result is positive, then it is fixed by an official document, which indicates the need for installation and commissioning of the structure. The protocol is signed by the participants in the vote.
How to choose a design?
An important point is the direct choice of design. It must be operational and regularly working. At the same time, it is necessary to ensure constant access to the territory of various services and special machines. You can choose different types of barriers.
| Type of barrier | Its features |
| Mechanical | It is considered affordable and easy to install. But for its regular use, you need to hire watchmen who will raise and lower the structure. Also, the owners of apartments in the house themselves can raise and lower the barrier. But such an option is considered unsuitable, since, according to the law, a passage must be opened for different services, therefore, watchmen are required. This leads to regular and significant spending of funds, which causes discontent among the residents of the house. |
| Auto | It is equipped with a drive, which can be hydraulic or automatic. The first option is considered the most optimal, which works without interruption even in winter. Both options are reliable and easy to use. Each owner of the apartment in the house is given a key to use the structure, and a telephone or radio control can also be used for this. If there is a power outage, you can manually raise the barrier. The cost of such models is considered significant, so you have to prepare for significant costs for the purchase and installation. |
Before installation, you should make sure that there is free access to the house for various services and special machines.
Coordination with the fire department
The legality of the installation of the barrier in the local area should be confirmed by the presence of a permit from different services. These primarily include the fire inspection.
The coordination of the project should be carried out before the start of installation work, so that there is no need to redo different elements in the future.
A significant requirement of the fire inspection is the need to create unhindered access for the fire truck directly to the house. If the fence can easily rise, and also does not create other obstacles for firefighters, then permission is issued.
The best solution for this is the installation of a video surveillance system, on the basis of which a signal is output to a control room operating around the clock. In this case, the barrier in front of the fire engines will quickly rise.
Permission from the administration of the region
Before installation, an application with a project is submitted to the local administration or council of deputies.
It takes 30 days to make a decision, and it will not be difficult to get permission for new houses, but problems can arise for old houses. Administration staff may require a guard or security guards so that emergency services always have free access to the building.
A refusal can be obtained if the norms are not observed or obstacles for the free movement of pedestrians are created.
Coordination with the traffic police
In addition, the installation of a barrier in the local area under the law requires permission from the traffic police.
According to Art. 15 SDA is not allowed for citizens to place different barriers or other similar structures that interfere with travel on their own. Therefore, in the traffic police, residents must prove that the local area is not expensive, therefore, the law is not violated.
Permission from utilities
The barrier is located on the territory where electricity and various highways are laid. Therefore, the installation should be carried out in a place where their integrity will not be violated.
In addition, public utilities must make sure that if they need repairs, they will have free access to the house.
Approval of installation estimates
Directly at the meeting, it is decided which barrier will be selected, what will be the cost of the equipment itself and its installation, and an installation scheme is developed. It is recorded in the minutes of the meeting.
Then, an application is transmitted to the administration of the region, on the basis of which the installation of a barrier in the local area will be implemented. First, you will have to obtain permission for the process from various services, and official documents are attached to the application.
As soon as the coordination of the barrier in the local area is completed, you can proceed to its direct installation.
Installation Rules
The design should be installed only by experienced professionals. The rules for installing a barrier in the local area are as follows:
- no obstacles should be created for the free movement of citizens;
- free access to the local area to various utilities, ambulances, fire engines or other special equipment;
- the boom should be made of light material, as this is considered significant if for some reason you have to manually lift the structure;
- the product must be equipped with various elements that guarantee the safety of its use, for example, automatic locking if there is a person or a machine under the boom;
- the base for installation must be concreted to increase the stability of the structure.
The barrier can be located exclusively on the land, which is registered in the property of citizens. For this, marking is initially applied, the base is concreted, and equipment is installed in accordance with all the rules. It connects to the network if necessary. Also often requires the installation of a video surveillance system.
What documents are needed?
For the installation of the product you will need certain documentation.Documents for installing a barrier in a local area include:
- evidence confirming that indeed the tenants of the house registered the shared ownership of the object;
- extract from the USRN indicating the registration of land;
- minutes of the meeting, where a decision is made on whether to install the structure;
- technical documentation for purchased equipment;
- permissions from various government bodies and services.
Since the barrier is not a capital object, a building permit is not required.
How much is?
If the correct procedure for installing the barrier in the local area is followed, then citizens can protect their parking spaces from other car owners.
The cost of installation can vary significantly, as it depends on the type of barrier, the cost of installation services and other factors. Typically, the design price varies from 25 thousand rubles. up to 150 thousand rubles.
Installation work usually costs around 10 thousand rubles.
What to do with illegal installation?
Not all residents of the same house will be satisfied with the adoption of such a decision. If different laws or requirements are violated when installing the equipment, then citizens can file a complaint with the district administration.
Based on this document, an audit is carried out, the purpose of which is to establish the legality of the installation. For this, the traffic police and the Ministry of Emergencies are involved. If an illegal installation is detected, then residents pay penalties, and it is also necessary to correctly execute the equipment.
Often it is required to install a barrier in the local area. This process is considered simple if everything is done correctly and on the basis of numerous legislative requirements. To do this, it is necessary to privatize the land, obtain permission for installation from various state bodies and authorities, as well as correctly select equipment and optimally install it.