Guidelines for the installation of a fence between neighbours: the study that says the law
Buyers of land as individual developers starting construction of homes on acquired or allocated by local government land, concerned about the correct installation of the fences. In order not to violate the interests of nearby residents and not infringe on their rights, we must clearly know what a fence can be put between neighbors under the law in force in the territory of the subject. Just note that this issue is addressed in many legal acts, none of which can’t be ignored. Limits are set by several parameters such as, height of fence, material of manufacture, the air flow through the fence, the distance to important facilities located on the territory of its neighboring area. To avoid conflict with neighbors, is able to develop into a legal showdown with the subsequent payment of fines and even demolition of fences built, we need to solve under the law prior to the start of construction.
The contents
What guided the construction of the fence?
The main legislative act of the normalizing process of planning and building structures on the land, is the Code of the Russian Federation on town-planning. However, in this document there is no indication for mandatory placement of a blind fence between neighboring sites. Therefore, for the basis of the construction regulations, i.e. building regulations, which may be supplemented by regulations adopted at the level of local authorities. In these documents specifies requirements for construction of fences on the territory of the settlement dictated:
- climatic characteristics of the region;
- the dominant terrain;
- the presence of cultural heritage sites, etc.
May also specify the need to obtain permission from local authorities for the construction of the fence. The issuance of permits for construction of fences do in the district and city administrations, the departments for urban planning and architecture which ensure that the private fenced area not located the life-support systems of the village (water, electricity, and other utilities). In case of detection of illegally built fence owner will be forced to make its removal at the expense of own means.
A clear definition of the boundaries of the land
First read existing land documents. Then accurately locate all the boundaries between adjacent sections, and reconcile the received data with its neighbors, are stakeholders in the legal resolution of this problem. If all the owners agree with the boundaries between areas, it is drawn up, which reflects the agreements reached. The act is signed by representatives of all stakeholders. This document will protect the owner of the fence from the attacks of the unhappy neighbors in the future, when a change of the owners of the site.
If you are experiencing difficulty with a precise definition of the boundaries of the land are advised to contact the surveyors. Experts will not only studying the existing documents, but will produce a site survey and then issue to the applicant a plan that shows the location of boundary markers.
Boundary marks to distinguish the land plots located next to each other, are installed by companies licensed for this activity
How to find an experienced surveyor?
Find a competent surveyor is possible through my friends who are already seeking such services to the appropriate service. You can also use the list of organizations and individual entrepreneurs licensed to carry out this type of work, which is available to the authorities responsible for questions of architecture and land management in the region, the area of residence.
Study the price list of companies and list of services. Especially, ask about the reporting documents, which you will have after completion of the work. Low prices for services should alert you, since the firm can carry out work on the restoration of the boundaries of the land properly. The cost of all work is standardized, and therefore cheaper services due to the generally low quality of the implementation of the necessary control measurements. The involvement of such «specialists» can only aggravate the conflict that erupted between neighbors over boundaries.
Competent surveyors will be given to you:
- the act of restoration of boundaries;
- plan of the land plot, which will have a description and a diagram points of the rotation angles of the boundaries of your plot;
- explanatory note in which the contractor reports on completed works.
In addition to the documents you need to show locations of landmarks, and explain how to restore their documents using a measuring tape, in case of loss or intentional destruction.
With the help of special measuring equipment, surveyors determine the exact location of boundaries of the site, which then set the fence
Try to discuss with neighbours the possibility of joint payment of surveyors. If they agree, then stipulate in the contract the availability of additional package of accounting documents.
What to build a fence: material requirements
Building codes do not make special requirements for the materials chosen for the installation of the fence. And the neighbors often neighbors are not unhappy with the material selected for the fence construction, height and erect buildings. Moreover, the dissatisfaction is in most cases reasonable, since the construction of a high deaf fence the territory of the adjacent area is shaded and deprived «ventilation». Therefore, in gardens and backyards, designed for growing fruit crops and vegetables, the fence is only installed with gaps.
This fence can be:
- net;
- lattice.
The height of the fence between the garden plots may not exceed five feet. If the neighbor ignores these rules (intentionally or unknowingly), the injured party must make a written application in horticultural management or local authorities.
Installation of a blind fence of corrugated steel sheeting is only possible from the street, with no permits to obtain not necessary, if the height of the building does not exceed five feet
Fence with outbuildings can be enclosed in a hollow fence from the roadway. If built this fence from the neighbors, it is necessary to observe a number of requirements on its distance from the neighboring areas.
How to put up a fence?
When building a new fence or replacing an old fence guided by unwritten rule, namely that the support poles of the structure comprises:
- or on the border areas;
- or on the side of the owner of the land, started the installation of the facilities.
It is necessary to strictly ensure that all, without exception, parts of the fence were on site Builder. Don’t be foolish and try «to chop off» the neighbor extra inches. This can result in large troubles and material losses. Not every neighbor is willing to put up with this situation. So do not count on the loyalty of a man to seize extra land, under its ownership.
To the construction of a fence being installed between neighbouring plots there are two basic requirements: light transmittance and air permeability. Therefore, the fence make with the lumen
More detail see on the video:
As and the normalized height of the fence?
Fence height between neighboring plots allotted for individual housing construction may not exceed two meters. If the owner of the land plans to put protective structures above this value, it is necessary to obtain permission from the architect.
Just has to act the land user who installs the fence and its proximity to the highway. The height of the fence can reach just one meter. Otherwise the permission of the architect the owner of this site will not receive. Subject to the restrictions on the construction of the fence and its height on plots with a corner location.
From all over the world is not fenced off by a high fence, but you can try. But why? Because the top area is always open
Where to build a house and other objects on the site?
Individual developers are trying with maximum benefit use every meter of land. They forget that the law establishes, how many meters from the fence of the neighbors you can start to build a house without violating the rights of people living in the neighborhood. Therefore, when choosing a space on the site for the construction of residential and other purposes should be guided by a number of existing rules, normalizing the distances from these structures to the border of neighboring properties, namely:
- 3 meters or more back from the house, and other dwellings;
- 4 meters left from the premises, used for keeping birds and small livestock;
- 1 meter to the garage and other technical rooms.
Note that to plant trees of medium height should be at a distance of 2 meters from the fence of a neighbor, and a high — 4 m.
The scheme of location of main facilities on the plot relative to the fence. When planting trees and shrubs are also taken into account the requirements of the law
Distance between home, built on your lot, and the boundary of the plot of your neighbors must be measured from the walls or base of structures in the case if the projections, canopies and other elements of the structure not protrude more than 50 cm If the specified value is exceeded, the distance is measured from the protruding structures. You can always negotiate with a neighbor, just remember to lock the compromise agreement on paper. This document will protect you in court in case of conflict, confirming the correctness of actions taken by you during the construction of the fence and the house on the site.
Compliance with fire regulations
Great attention should be given to the observance of fire prevention norms of the building of fences between neighbors, as it affects your life and the lives of your loved ones. Building materials belong to different classes of Flammability. On this basis, necessary to sustain the norms of SNiP, which establishes the minimum distance between under construction on a plot facilities, namely:
- 6 metres should separate objects constructed of non-combustible materials, such as concrete or brick;
- 8 meters should be between the concrete and brick buildings with hardwood floors or other elements made from wood;
- 15 meters is considered a safe minimum between wooden buildings.
Left between objects, the meters will help to save the house in case of fire, raging on the neighbouring property, as the fire can spread to nearby building. And the equipment easier to drive to the place of fire, if it is not blocked by numerous buildings, is stuck literally on top of each other.
You can not try to bring the fence closer to the road, thereby increasing the area of the fence. This violates the so-called «the red line», which leveled all the houses facing the street. Violators will be fined, which could result in the demolition of the fence. It all depends on the perseverance of local authorities, which can generally «to close my eyes» for violation of or to confine the recovery of an administrative fine.
Compliance with fire safety standards will protect from fire is not only built on a plot of objects, but save the lives of the owners of the property
Remember that ignorance of the law is not a valid reason for its failure. So hide behind the fact that the first time you hear about the requirements for the construction of fences, will not work.
Disputes and methods of settlement
Disputes arising between neighbors, mainly related to improper installation of the fence. Usually this step one party is consciously and purposefully, hoping that a neighbor will not engage in the judicial thread. However, not always the injured party quietly remained silent, holding in his heart the offense, or is it purely language. An increasing number of people decides such matters in court, knowing that truth is on their side. So treacherous seizure of foreign territory by migrating old fence or building a new fence, to put it mildly, is not welcomed in our time.
To erect a fence have in their site, so you do not demolish the fence built by the decision of the court rendered in favor of disadvantaged neighbors
To find an exit from a disputable situation in two ways.
- The first method lies in the peaceful settlement of the conflict, when the parties cannot find a compromise solution in the course of negotiations and good-neighbourly relations.
- The second method is more energy intensive and also financially burdensome, as it is related to litigation which can take years. The loss is not insured by any one party, and therefore hangs the threat to remain at the interests and compensation for the costs incurred and moral damages «hated» neighbor.
So we have to try to go the peaceful path, developing themselves and members of their family qualities. After a bad peace between the neighbors is better than the good war.
How not to quarrel with neighbors?
In all situations we must treat others the way you would like them to treat you. This win-win behavior will keep the good relationship that bad to throw over a fence. Perhaps one of the parties to make concessions and she will propose a minor migration barriers. After all, both neighbors want their sites were partitioned sturdy and beautiful fence. So, there are points of common interest around which we should build a dialogue based on rules of law.