Maximum fence height between neighbors in a private property. How should the fence between neighboring plots be? Obtaining permission to erect a fence.

A fence enclosing an area in the private sector in a city, village or country house is intended to protect property from criminal attacks, as well as to mark the boundaries of the site. It may come as a surprise to some to learn that the construction of a fence must be carried out in accordance with the law and may require some approvals. A fence between neighbors allows you not only to design a plot of land to your taste, but also to legally define the boundaries of property between neighboring areas to prevent future territorial claims.

Volumetric mode shows how buildings will be constructed, such as the maximum height, how much of the terrain must be cleared, and the distance from the front of the boundary of the back and sides that the building must support. The main morphological elements of buildings are:

Surveyor services for resolving disputes

Article 105 - This article is illustrated by Figure 12, which shows, for design purposes, what are called the parts that make up buildings. The subterranean portion is the portion that is below street level, except in special situations where the landscape is on a slope or slope. The base is the part that is directly connected to public transport and therefore preferably houses access, shops, concierge or parking spaces. The building is the part in which apartments, offices and offices are preferred, depending on the function of the building.

Example of the height of a picket fence between neighboring houses

It is not always possible to maintain friendly relations with neighbors, and often people living nearby turn out to be rare brawlers. In such cases, disputes often arise over who owns this or that piece of land.

In order to prevent unauthorized seizure of your territory by unscrupulous neighbors, you need to understand the rules for constructing fences and have official documents on hand confirming the size and boundaries of your property.

The utilization index is an instrument of urban control, in a batch of population densities provided for the divisions of the urban structure. Unconveniently developed areas are areas designated for activities supplementary to the main activity, as well as for general and support services and construction listed in § 1 of this article.

§ 1 Since constructed areas are not exempt from calculation in the Utilization Index. § 4 The limits specified in subsection 1 § 1 and point 2 can be exceeded by acquiring areas insensitive to them. § 5 as areas built for the storage of vehicles in garages and commercial parking are also exempt from the calculation of the Use Index.

The boundaries of private property must be agreed upon, after which a corresponding act is drawn up. The territorial architectural office should help with this by issuing a certificate of the boundaries of the site. In addition, you can also ask what kind of fence the fence is made of. building material allowed to build in this place.

§ 6 є Unused areas for the purposes of calculation in the Utilization Index refer to persons intended to live in one family, provided that they consist of a single economy in real estate. These are the so-called non-absorbable areas and are not included in the utilization index. It is good to repeat that the size of a building will always be the result of the sum of heavy and weightless areas.

Shopping malls and shopping malls must designate a special rest area for persons working in establishments located there, including men's and women's sanitary departments in that space, and these areas should not be calculated for purposes of the Constructive Index.

If there are any communications at the site of the future fence, for example, a buried power supply cable or a water supply pipe, then the owner must be warned about this.

According to federal law, a residential building on a site must be located no closer than three meters from the enclosing structure. There are also some nuances, for example, if pets live in the house, then the building should move away from neighbor's fence at a distance of four meters. Non-residential buildings are allowed to be removed at a distance of one meter from the fence.

§ 1є The maximum amount of savings for land is the result of dividing a plot or land plot into the minimum ideal land quota for the economy. There is a limit to the "indexes" that can be purchased. This is because the idea is to distribute them in a homogeneous manner, avoiding concentrating them on a few lands. Using a Created Foundation is also a way to make new designs happen in places where Master plan suggests that there should be more development and concentration of people.

If there is a garage on the site, then the distance from it to the neighboring territory should not be less than one meter. All these sanitary requirements did not arise out of nowhere, because compliance with them will make the life of the developer and those around him safer and of higher quality.

For this reason, the supply of Land is greater along the so-called Central Corridors, which reinforce the city's west-east and north-south growth trend towards the municipalities of the capital region. Article 111 - Solo Criado, alienable public constructive reserves, consists of.

Clause 1 - Indispensable alienable indices correspond to the estimated construction areas and unassigned built-up areas in accordance with § 1 Art. §2 Non-concentrated built areas are the areas defined in Article 107, according to § 4 of the same article.

Distances for installing a fence and other buildings on the site

The distance from the fence to the house must also comply with fire safety standards.

The presence of shrubs and trees on the site is also important to take into account when building a fence. The distance from trees to the fence should be at least two meters. The distance from the fence to the bushes can be reduced to one meter. In order not to break the rules, it is better to draw up a small plan on which all existing buildings and plantings will be marked.

Installing a fence between neighbors - basic rules and requirements

§4 The created soil, consisting of non-compacted built-up areas and adjustment indices, will have unlimited reserves. Article 111 - Only the municipality can offer the created solo. This is achieved through the sale of large foreclosure indices and undeveloped developed areas. Both are alienable. Large indices allow us, in terms of construction volume, to expand the area of buildings intended for living or working, while non-density is aimed at improving the condition of housing or work or at adding condominiums, not necessarily reflecting an increase in population on the site.

The height of the fence between adjacent areas

It would seem, who cares how high the fence is going to be installed by a neighbor? However, the height of the fence between neighbors can significantly affect the neighboring area, because if the fence is blank and its height is more than one meter, a nearby garden or house may be in the shade. That is why there are rules limiting the height of enclosing structures between neighbors, which should be no more than a meter.

Federal Law No. 66 states that all buildings must be erected according to the approved design, including fences in the private sector. All dacha and garden communities and associations fall under this law.

The volumetric regime of buildings is a set of specifications that define the occupancy, height and setback limits that a building must respect. Volume mode is determined by the following elements. Article 112 - The volumetric regime shows what forms the buildings will have. The occupancy rate determines the percentage of areas that can be occupied and those that must be vacant on the ground. A level reference is a point in the terrain from which the height of a building can be measured. The maximum building height is measured from the reference level to the last floor covering.

Front, side and rear setbacks, if required, are calculated from the base. In relation to the volumetric regime, the building design must comply with the parameters defined in Appendix 7 and the following application rules. § 1 є In existing premises, arranged on the date of entry into force of this Law, on top floor the building is allowed extensions and modifications, applied setbacks provided for by this Law, in relation to the previous floor.

The administration of these communities must take part in the process of coordination and approval of enclosing buildings, having the right to recommend one or another type of materials used.

In order to protect yourself, it is necessary, first of all, to settle all paper issues in all instances. Having all the documents in hand, you don’t have to worry that your efforts to build your garden fence will be in vain, because the law is on your side. To help those who are planning to build a fence and want to do everything right, here are some recommendations.

§ 2 º The occupancy rate can be increased to 75% in the case of lots less than 300 m², and in the case of transfer of construction potential - up to 90%, according to § 2 art. Once determined, Annex 1 should be consulted, which will provide the building height and building base values, as well as the level of occupation. The height of this Plan is no longer measured in the number of floors, but in meters. Land located in the city center, as well as in some streets important for the distribution of vehicles, such as Protasi Alves, Independence and João Pessoa, have different rules, also noted in the Appendix.

Rules for the construction of fences between adjacent areas

As noted above, a fence can be erected legally only after some issues have been resolved, such as coordination of the boundaries of the land plot, design of the structure, and so on.

In the Central Region, height limits are set in accordance with the width of the road as per the Appendix. However, the use index established in the General Plan may only be changed pursuant to another law approved by the City Council. Thanks to this type of project, various situations can be addressed, as in the case of places where there is significant vegetation, lands with irregular soils or even conservation buildings, among others.

Landscaping waste separates the areas intended to provide. Article 116 - Derogations for landscape design must give an order and evaluate the landscape of the city. In residential areas they form gardens, and in commercials they can be used to widen sidewalks or even for certain activities.

Rules for installing fences between areas

First things first.

Determination of land boundaries

Settlement of preliminary issues regarding the construction of fences involves indicating the exact boundaries of land ownership. The cadastral plan, as well as the boundary plan, must determine the boundaries of the land owned by the owner. By the way, the owners of neighboring land plots These documents must also be on hand. The process of agreeing on exact boundaries, if these documents are available, is greatly simplified for all parties.

Higher doesn't mean better

Regarding failures for landscaping, the building design must comply with the following application rules. Buildings located in the Central Region and those facing roads listed in Schedule 2 are exempt from landscaping obstructions. In areas reserved for mandatory landscaping, it is permitted.

This rule does not apply to the Center and to some streets that are exempt because they present different characteristics from the rest of the city. Retreats for mandatory landscaping will be allowed. This article also describes rules for lands with unfavorable topographical situations.

For legal correctness, issues regarding the division of boundaries are supported by drawing up an act of approval. This document must necessarily assume the absence of mutual claims against each other by the owners of neighboring plots. Cadastral service employees record and help correctly formalize the results of the approval.

After the act is signed by all parties, it can be called agreed upon, and all that remains is to approve and attach it to the land surveying documents.

What is written into the database cannot be erased immediately

In ordinary buildings that do not comply with setback regulations, landscaping is permitted. However, if a new building is built on site, the restrictions provided by law, become mandatory. Article. Project approval and licensing of construction in a stationary state, achieved by the forecast of the road trajectory and urban and public equipment that respects the restriction and construction in the affected part, will be given.

Construction of temporary fencing

These forecasts are also made in specific areas. For this reason, alternatives exist so that their owners are no longer harmed. In the event that only part of the land is reached, the same number of square meters that will be built on the entire land is allowed to be done in the part not reached by the Plan forecast. When hitting an entire area, there are two alternatives. One is for the owner to exchange his property with the mayor's office for "construction tariffs" that can be used elsewhere or sold to third parties.

Controversial situations when determining boundaries

Disagreements regarding the determination of the dividing line between neighboring areas are not uncommon. In addition, disagreements often arise when the distance between the buildings of a neighbor and the developer is determined. Professional surveyors who officially have the right to carry out activities to determine the legality of the right to use land resources will help resolve controversial situations in these issues.

This type of negotiation, called constructive capacity transfer, is quite common and has been taking place in Porto Alegre for many years. Another option is to allow - until the expropriation is carried out - the owner gives minimal use of the land, has some economic return, or avoids a situation of abandonment or invasion.

Garages and parking spaces are, respectively, buildings and enclosed or uncovered areas intended for the protection of vehicles, in accordance with the provisions of the Annex. § 1є Garages and commercial parking spaces are premises and areas intended primarily for the provision of vehicle security services without prejudice to the corresponding services.

If the need for the help of such specialists suddenly arises, you must take care in advance of having a site plan and terms of reference. The result of the work of surveyors is a territorial plan on which boundary landmarks will be indicated.

§ 2є Garages and general parking are premises and areas intended for the protection of vehicles such as luggage, minibuses and buses. § 3 B apartment buildings, shops, services and special events, garages and parking lots have spaces designed to store vehicles with a function that complements the activity.

Prohibitions on construction activities

Oddly enough, this stage of preparation for construction does not end yet, and the developer may face another problem in the form of restrictions on the installation of any structures in a specific area. Therefore, you can’t do without a trip to the city planning and architecture department. These authorities are responsible for urban land, and the planned development site is no exception.

This ratio is produced in square meters. This article should still be regulated to determine how the two positions will be related and to ensure that additional vacancies are not eliminated in the future. They are therefore highlighted in Appendix 3 as activities that require further study.

Buildings on land with a test of 12 m or more must provide vehicle vacancies in accordance with the standards set out in the Annex. Areas for the protection of vehicles may be condominiums being the demarcation of the place of accumulation in the proportion specified in the Annex.

Specialists from these institutions must issue a certificate that will reflect all possible restrictions on the conduct of construction activities in the territory under their control. This is due to the fact that city communications (a cable laid in a trench or a water supply system) may be located on the land planned for development.

If you do not pay due attention to the above procedures and install a fence, the constructed fence may be considered illegally erected. The same fate may befall developers who did not settle disputes with the owners of neighboring plots and did not take care to coordinate boundaries with official representatives of state land structures.

There are often cases when a developer was obliged to demolish an unauthorized construction, and no one compensated for the material damage caused to the negligent land owner.

When solving land use issues, it is of great importance correct installation fence between areas. If established norms are violated, the owner of the site may be held administratively liable. He may also be forced to demolish a fence that does not meet the standards and is disturbing the neighbors. To do everything correctly when planning a plot of land and choosing fencing, read this material.

1. Fence between neighbors: legal fencing of the site in accordance with all SNiP rules

Regulatory regulation of fencing installation parameters

There is no separate regulatory document in Russia that would regulate the installation procedure and parameters of fences between sections. When planning the installation of a fence and choosing its design, you should be guided by separate building codes and regulations (SNiP) related to planning the development of urban and rural settlements, territories of gardening (dacha) citizen associations, territorial building codes (TSN), as well as land use and territory development rules adopted by local authorities.

It should be noted that in many sources, which discuss the issue of permissible parameters for site fencing, reference is made to SNiP 30-02-97 (2001) “Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures.” As the name suggests, all introduced norms and rules apply to planning the development of plots in gardening (dacha) associations of citizens. That is, with regard to planning sites for individual housing construction(Individual housing construction) and running personal subsidiary plots (LPH) in rural and urban settlements SNiP 30-02-97 does not apply unless otherwise specified in territorial building codes.

But since SNiP 30-02-97 most specifically regulates the rules for organizing land plots and installing fences, many local building codes repeat its provisions.

SNiP 2.07.01-89 applies to the planning and development of urban and rural settlements. But in this document, more emphasis is placed on the planning of general development of territories from the point of view of local authorities than on the rules regarding the planning of private plots for individual housing construction and private household plots.

Requirements regarding the height and other parameters of fences may be contained in regulations issued by local authorities. Therefore, when planning to install a fence, it is advisable to contact a local architectural and planning office to find out all the regulations. This is also necessary to avoid a situation where the installation of a fence violates the integrity of communications and/or goes beyond the red lines of streets and driveways.

Provisions regarding permitted fences may be contained in the charter of a dacha (gardening) partnership. Decisions regarding the establishment of such norms or their changes may also be made at general meetings of members of the partnership. Therefore, before installing the fence on summer cottage Contact the board of your association.

2. Height of the fence between neighboring areas

The height of the fence between neighboring areas is one of the most important parameters fences, since most often it is because of the high/low fence that problems arise greatest number disputes. A high fence may obscure a neighbor's property. And the absence of a fence or too low a fence can lead to the fact that pets from one area can move (fly) to another and spoil the neighbor’s garden, flower beds and other property.

What fence height between neighboring areas is considered optimal?

SNiP 30-02-97 states: “Individual garden (dacha) plots, as a rule, should be fenced. Fences for the purpose of minimal shading of the territory of neighboring plots should be mesh or lattice with a height of 1.5 m. It is allowed, by decision of the general meeting of members of the gardening (dacha) association, to install blind fences on the side of streets and driveways.”

Based on this norm, in garden (dacha) partnerships it is allowed to install only transparent (not continuous) fences made of mesh or lattice up to 1.5 m high between neighboring plots. This norm was established in order to protect the rights of neighbors to normal lighting of their territory.

But in practice, the height and material of the fence often do not comply with established standards. This may happen for the following reasons:

- at a general meeting of members of the partnership, a decision was made to establish other acceptable parameters for fencing;

- the neighbors agreed among themselves to install a fence of a different type and height between their plots;

- to increase the height of the fence and prevent shading of the neighbor's property, an indentation was made from the boundary;

- installed more high fence without any approval.

In the case of a solid fence from the street, its height is usually set within 2.2 m. This requirement is related to ensuring normal lighting of streets, driveways and sidewalks.

It should be noted that these standards directly relate only to the installation of fences between dacha (garden) plots. With regard to sites for individual housing construction and private plots in urban and rural settlements, these requirements apply only if this is expressly provided for in territorial building codes. In other cases, you can install fences of almost any height, as long as they do not violate the legitimate interests of the owners of neighboring plots. The latter circumstance still needs to be brought to light in court, which is not so easy to do in the absence of clear standards.

3. Distances between the fence and other objects on the site

Sanitary conditions

In addition to the height of the fence, SNiP 30-02-97 contains indirect instructions as to what the distances should be between the boundary of the site (fence) and other objects on the site. Thus, the following rules are additionally established:

the fence cannot be installed closer than 3 m from the cottage (unless you or a neighbor violated the site development rules and built residential buildings closer than 3 m from the boundary or the residential buildings were not interlocked);
the distance between the fence and any buildings must be at least 1 m;
from the fence to buildings for keeping and walking small livestock and poultry there must be a distance of at least 4 m;
shrubs and trees up to 1 m high should be planted no closer than 1 m to the fence, bushes and trees of medium height - no closer than 2 m, tall trees should be located inside the site at least 4 m from the fence.

Again, we note that these standards are designed specifically for the installation of lattice or mesh fences between summer cottages.

In rural settlements, the yard is often surrounded by a solid fence, along which all buildings are located. Part of the walls of the buildings acts as a natural fence. A large garden plot of private household plots in rural areas is often not fenced at all.

Distances from the road to the fence of a private plot are not regulated. The main thing is to install a fence along the boundary of the site without taking a piece of municipal land. When allocating plots, the rule is clearly observed that their boundaries cannot extend beyond the red lines of streets and driveways. Therefore, if you build a fence along the boundary of your site, there will be no problems. But when constructing residential buildings, it is recommended to retreat 5 m from the red line of streets, 3 m from the red line of driveways. If the fence on the street side is installed less than 1.5 m from the sidewalk, then the wicket or gate must open into the yard.

Minimum fire clearances

According to fire safety standards, the minimum distances between houses and buildings on the same plot of land are not regulated. But SNiP 30-02-97 establishes minimum standards for distances between buildings and structures located in neighboring areas. These distances depend on the type of materials from which the outermost residential buildings and houses are built.

There are three groups of materials for load-bearing and enclosing structures of a building:

- group “A” - stone, concrete, reinforced concrete and other non-combustible materials;

- group "B" - wooden floors and coatings protected by non-flammable and low-combustible materials;

- group “B” - wood, frame enclosing structures made of non-combustible, slow-burning and combustible materials.

Below is a matrix of minimum distances in meters between structures made of different materials:

But it should be noted that these fire safety standards apply only to the minimum distances between residential buildings (or houses) located in neighboring areas. The regulations do not apply to fences and other enclosing structures. Thus, if a neighbor complains that your wooden fence is located too close to his house and this, in his opinion, is a violation of fire safety regulations, stand up for your rights and point out the mistake.

4. Distance between fence posts

The distance between fence posts will depend on the materials from which the fence is made. This parameter can only be regulated technical specifications installation of fences, if you purchase them from the manufacturer.

To install transparent fences, inexpensive mesh, welded or sectional lattice fences, and wooden picket fences are most often used. A new type of transparent fencing is polycarbonate panels. But they are quite expensive.

For the construction of solid (solid) fences, the following are used: corrugated sheets, slate, concrete, brick, wood, sheet metal etc.

When installing the most popular barriers from metal mesh or corrugated sheeting, the distance between adjacent pillars should be on average 2-3 m. Profiled posts are usually used as supports metal pipes 40x60 mm. The supports are buried in the ground to a depth of 80-90 cm with the arrangement of a point foundation.

When calculating the distance between fence posts, you should take into account not only the material of the canvas, but also the following factors:

the type of material from which the pillars are made (wood, concrete, metal, brick);
type of foundation (without foundation, point, strip);
wind loads in the region;
terrain;
site configuration, etc.

As a conclusion

When planning a site, the type of permitted use and specific location are of great importance. Thus, regarding garden and dacha land plots, one should take into account the requirements of building codes and regulations (SNiP 30-02-97), the project for developing the territory of a garden (dacha) partnership, the charter and others regulatory documents partnership. To build on a summer cottage, you do not need to obtain permits; it is enough to be guided by generally accepted norms and rules.

Things are different with planning the development of a site for individual housing construction or private household plots in a city or rural locality. To begin construction, it is necessary to obtain a building permit. Architectural Department of the Organ local government will not give permission for construction if there are violations in the planning of the site. It is in the architectural department that it is necessary to clarify what standards apply regarding the parameters of fencing in a given locality.

But when planning the construction of a fence, you should first of all use common sense. You should not erect a fence that will obviously disturb your neighbors: it will shade their property or the windows of their living quarters, it will be dangerous, unreliable, noisy, etc. To save money, the best option is to agree with your neighbor to install a common fence between two plots.

Maximum height of the fence between neighbors in a private property. What should be the fence between neighboring plots? Obtaining permission to build a fence.