Program our yard what documents are needed.  Who is responsible for the repair of roads in the yards.  What kind of work is carried out in the local area

Program our yard what documents are needed. Who is responsible for the repair of roads in the yards. What kind of work is carried out in the local area

In the Moscow region, the results of public Internet voting for the improvement of courtyard areas in 2018 were summed up, 1461 courtyards were included in the address list of improvement, the press service of the Ministry of Housing and Communal Services of the Moscow Region reports.

As explained in the press service, from October 17 to 27, on the regional Internet portal Dobrodel, on behalf of the Governor of the Moscow Region Andrey Vorobyov, the Ministry of Housing and Communal Services of the Moscow Region organized a popular Internet vote of residents for the inclusion of courtyard areas in 2018. On Tuesday, a briefing on the voting results was held at the regional Government House.

“Such voting is a 100% government guarantee to residents that their wishes for the improvement of courtyards will be fulfilled in full. This know-how of digital voting in housing and communal services allows people to be socially in demand, to take an active civic position, because the voice of each resident will be taken into account when forming an addressed program and will not allow some municipal officials, as they say, to blur addresses and follow the line of least resistance when financing the improvement of courtyard areas, ”said Yevgeny Khromushin, Minister of Housing and Communal Services of the Moscow Region, quoted by the press service, at a briefing.

According to the press service, thanks to a massive information campaign in the media mass media, social networks, at meetings of owners, took part in the voting.

“Residents cast their votes for 3,968 out of 8,098 yards presented for public viewing. The address list of yard areas planned for comprehensive improvement in 2018 included 1,461 yard areas; it was formed from two sources. The first part included 673 courtyards based on the results of voting on, the other part included 788 courtyard territories included on behalf of the President of the Russian Federation and the Governor of the Moscow Region, as well as on the basis of citizens' appeals to local governments, on the recommendation of the Gosadmtekhnadzor of the Moscow Region, taking into account the opinion of the Association council chairmen apartment buildings Moscow region," said Yevgeny Khromushin.

According to him, the statistics of those who voted are completely relevant, since all voting participants confirmed their identity using the Unified Identification and Authentication System (ESIA). It is noteworthy that almost half of all those who voted (11 thousand people) supported the idea of ​​personal labor participation in the improvement of their yard.

According to the press service, the residents of Balashikha - 2848 votes, Domodedovo - 1693 votes, Podolsk - 1268 votes were the most active in voting.

Internet voting lasted ten days. All courtyard territories of the Moscow Region took part in the voting, with the exception of courtyards that had already been comprehensively landscaped from 2015 to 2017, and courtyards put into operation no later than 2013, as well as courtyards that include apartment buildings planned for resettlement over the next seven years, the press release explains.

After the formation of the final address list of yard areas that will be landscaped in 2018, it is planned to hold discussions with residents on the types of work that will take place directly in the yard areas. According to the results of each meeting, acts of coordination of types of work will be drawn up with the obligatory signature of a representative of the public and residents. A scheme of the yard will be attached to the act, indicating the location of the improved elements and the types of planned work. The adjusted improvement program for the next year will be published on the website of the regional ministry of housing and communal services, municipal websites and the media, the website menyayavory.rf, is added to the material.

As recalled in the press service, the Moscow region is one of the first subjects in Russian Federation, which organized a public vote of residents for the inclusion of courtyard areas in the plan for the comprehensive improvement of courtyards. In the spring of this year, more than 8.2 thousand yards for improvement were voted on the Dobrodel portal and proposed. Then 130 yards that scored the largest number voices of residents were additionally included in the comprehensive improvement program in 2017.

“According to the law “On landscaping in the Moscow region”, at least 10% of yards from the yards inventoryed by municipalities are being improved in the Moscow region. In total, 1,460 yards are included in the comprehensive improvement program this year, as of today, work on the remaining yards will be completed in the next few days, ”summed up Yevgeny Khromushin.

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And pay for it with just your time

My friend Vitaly from Irkutsk, together with his neighbors, achieved the improvement of his yard.

Ilya Novikov

acquaintance of a yard activist

A playground, paths, new trees, benches, trash cans and lanterns appeared in the yard. On the road near the house, the asphalt was changed and speed bumps were installed. All this is free.

Here is the yard before the landscaping. Dilapidated trees bent dangerously over the road, only swings remained from the playground, and pits on the asphalt:



Here is the yard after the renovation. NOT PERFECT, BUT BETTER THAN IT WAS:




The minutes indicate the address of the house, the initiator - a specific owner or managing organization - the time and place of the meeting, the number of owners in the house, its area, the names of those present at the meeting and the voting results.

The meeting elects a chairman

Approves participation in the program

Determines what to do in the yard

Chooses the form of tenant participation

Assigns a project manager

Commits to overseeing repaired facilities

absentee voting- a written apartment-by-apartment survey of tenants who did not come to the meeting. These will be the majority. Ballot papers are used for voting - one for each owner. The newsletter template is also available on the administration website. Members of the initiative group go around the neighbors and indicate in the template the names, passport data, answers to questions from the meeting and receive the missing signatures.

For Vitaly, this stage was the most difficult. He had to independently and with the help of other active residents go around the neighbors and convince them to sign the ballots. The youth agreed easily, but the old had to be persuaded. This work took several evenings. As a result, each house collected 95% of the votes in favor.

Among other things, the residents agreed to come out on a community work day to help with landscaping. Later, Vitaly provided the administration with a letter of guarantee with the names of people who agree to help. The letter is signed by the authorized person.

Apply for landscaping

Residents submit an application filled out according to the template to the administration. A copy of the minutes of the general meeting, absentee voting ballots and an improvement plan with photographs of the yard are attached to it.

Further, a public commission is formed in the administration, which evaluates applications and makes a decision. The administration publishes lists of yards on the website until April 1 of the next year. Since the budget for the year is limited, the competition commission will not include all households in the program - some of the applications will be transferred to the next year.

If the yard meets the conditions of the program, but it is not accepted, you can complain to the regional government and the Ministry of Construction of the Russian Federation.

Vitaliy found the application form and filling examples on the administration website. At first I filled it inaccurately and the officials asked me to redo it. On the second attempt, the administration accepted the application. Later, the administration called and clarified the number of emergency trees in the yard. A week later, they reported that the yard was included in the program.

Approve the design project

After the yard is included in the program, the administration will prepare a design project for the improvement. This is a detailed diagram of the yard and its surrounding facilities, according to which the contractor will perform work. The design project is approved before July 1 of the year, when the improvement will take place. This is the responsibility of the project manager.

Vitaly discovered that the design project did not take into account the demolition of emergency trees. He asked the administration to finalize the document and signed it on behalf of the residents after making changes.


Supervise the work of the contractor

The project manager supervises the contractors. If the builders violate the plan, the authorized person reports this to the administration in writing.

Vitaly watched the process every day, communicated with the foreman and workers. This helped to prevent problems: the builders were going to work according to an outdated design project, they wanted to replace the asphalt before the emergency trees were cut down, they started installing electric poles in violation of the plan. Vitaly negotiated, involved the administration and ensured that the yard was landscaped in accordance with the design project.

The work of contractors is accepted by a commission of administration employees with the participation of a representative of the residents - they sign an act of delivery of the work performed. If the work is performed with violations, the tenants have the right to refuse to sign and file a complaint with the administration or the Ministry of Construction.

According to the program, the work should be completed before the end of the year. In Vitaly's yard, work went on until November. The tenants have not fully signed the act of acceptance, they are waiting for the completion of work on the playground and the installation of railings on the stairs. In general, the neighbors were satisfied with the result.

In short: how to improve the yard

  1. Check on the website of the city administration whether the yard is already included in the federal program.
  2. Unite with several neighbors from houses adjacent to the yard.
  3. Find out under what conditions landscaping yards in your city.
  4. Determine the problems of the yard, make a drawing, conduct general meeting and absentee voting.
  5. Apply to the administration. If this is done before September, the administration can include the yard in the program for the next year.
  6. Control contractors and sign the certificate of completion.

The All-Russian Popular Front receives questions from residents of different regions who are concerned about the poor condition of courtyard areas - roads in the courtyards of apartment buildings. Concerning ONF experts prepared responses to the most common requests on this topic. They explained who is responsible for the quality of yard roads and what residents should do to include the areas in the repair plans.

Unlike federal or regional highways with yard roads, the situation is a little more complicated.. Pits and other destruction also appear here. But residents often do not know where to turn with their problems.

« Before seeking repair of the road in the yard, you need to understand who is its owner. It does not necessarily belong to the city, but may be part of the common house territory. In this case, the municipality is not obliged to deal with its maintenance and repair. First of all, you need to familiarize yourself with technical passport residential building. It will help find out the boundaries of the local area and its owner”, - says the moderator of the thematic platform of the ONF “Safe and high-quality car roads”, coordinator of the project “Road inspection of the ONF / Map of dead roads” Alexander Vasiliev.

He explained that the data cadastral registration can be viewed on the website or contact the local administration for this. If it turns out that this road does not belong to the common house territory, you need to complain about its condition and demand repairs in the administration locality. If the road enters the local area, it refers to the common shared ownership of the house, which means that responsible for its repair. Management Company . In such situation you need to send an appeal to your management company. But, as you know, managers do not always want to deal with this issue. That's why, if the company refuses repair, it's time apply to the prosecutor's office. Also You can leave a request on the website of the State Information System of Housing and Public Utilities.

ONF experts noticed that the issues of repairing yard areas between residents, management companies and local officials are rather difficult to resolve.

"A lot depends here. from the good faith of a particular management company or local administration. So the outcome of a problematic situation can be completely unpredictable, and each of them requires a separate investigation,” Vasiliev said.

He explained that there is another way to repair the road in his yard, as well as to implement his own landscaping design project. Valid since 2017 project "Formation of a comfortable urban environment". The minimum list of landscaping works under this project includes the repair of courtyard passages, the installation of benches and trash cans, and lighting of courtyards. Other works chosen by the region may also be included. The list of additional equipment includes children's and sports grounds, parking areas, landscaping and so on. Residents themselves, entrepreneurs who rent or buy premises in houses nearby, as well as public organizations can become initiators of additional improvement. Interested persons take part in this labor or financial participation.

« All the necessary information about the work of this project in your region, required documents and application deadlines citizens can find on the website of the administration of their municipality", - summed up Vasiliev.

Reading time: 8 minutes

Any apartment building (MKD) is adjacent to a territory called house adjoining. According to the housing legislation, it should be kept in proper condition and improved: sports and playgrounds should be laid out, plants should be planted, and parking spaces allocated. In addition, regular repairs are provided for the courtyard areas of apartment buildings. In this regard, it is worth discussing who is responsible for the condition of the adjacent plots and is obliged to carry out work related to the restoration of the objects located on them.

  • the land on which the building is built;
  • sports and playgrounds;
  • landscaping and landscaping elements;
  • clothes dryers;
  • collective car parks;
  • thermal points;
  • fire lanes;
  • transformer substations;
  • other facilities that ensure the normal operation of the house.

Yard borders

All MKD infrastructure facilities should be located within the local area. They, like the area and other parameters, are reflected in cadastral passport. The dimensions of the adjoining allotment are set taking into account:

  • the number of floors in the house;
  • density of surrounding buildings;
  • availability of public roads;
  • norms of the area established for the given region.

Based on this information, the management company calculates the cost of cleaning the site.

All information about the territory and its boundaries is stored in several databases:

  • in the State Real Estate Cadastre. All information is reflected on the public cadastral map, which is posted on the official website of Rosreestr. More detailed data can be found in the cadastral passport kept by the chairman of the house, administration or UK;
  • in unified register real estate rights. The register contains data on the entitlements to the site, its area, the date of registration and the method of establishing boundaries.

Who is responsible for the repair and maintenance of the yard

It depends on whether the site has passed the procedure for registration and cadastral registration, who is responsible for the adjoining territory of an apartment building, its maintenance and maintenance.

When forming a plot of a house built before the adoption of the Housing Code (before March 1, 2005), apartment owners can apply for land cadastral registration and registration of ownership of it to state authorities or local self-government.

During the construction of new houses, the land under them immediately becomes the property of equity holders.

It is important to clarify whether a house adjoining site has been formed with elements of infrastructure and landscaping. If not, apartment owners have the right to formalize ownership of it.

Upon transition to general fractional ownership the territory on which the MKD is located, the real estate objects included in it and the yard must go through the formation procedure land plot and be registered with the cadastre.

At the general meeting, tenants can decide whether to become owners of the adjacent plot or leave it in municipal ownership.

Powers of the municipal administration

Not always the territory on which MKD and related infrastructure facilities are located belong to residents. Until the corresponding entry appears in state cadastre and the boundaries of the yard are not established, the municipality is considered the owner of the land. It is he who is responsible for the maintenance and repair of the site, regardless of the method of managing the MKD.

In this case, it is easy to determine who is responsible for lighting in the courtyard of an apartment building or asphalting paths - all this is the responsibility of the municipal administration.

When the Criminal Code or Homeowners' associations answer

If all legal formalities are met and the adjacent territory is owned by the owners of apartments in the MKD, they can independently improve it, monitor its maintenance and carry out repairs.

If a apartment building manages an HOA or a management company, tenants usually delegate these powers to them.

Find out in more detail what kind of improvement and repair there are.

In the event that homeowners in MKD have signed a service agreement with the management company, it carries out the necessary restoration work. This is due to the fact that monthly payments include the costs of paying for services to maintain order within the local area.

The legislative framework

The issues of establishing ownership of the adjacent territory, and, consequently, responsibility for its maintenance and repair, are regulated by the Housing Code of the Russian Federation (Articles 153, 154, 158) and the Civil Code of the Russian Federation (Article 210).

The fact that the site belongs to the common property of the owners and their obligation to finance work related to its improvement is stated in the Decree of the Government of the Russian Federation of August 13, 2006 No. 491. This document put into effect the Rules for the maintenance of the local area in an apartment building.

The list of works on improvement and repair is established in the rules and norms for the operation of the housing stock, legalized by the Decree of the Gosstroy of the Russian Federation No. 170 of September 27. 2003 .

What kind of work is carried out in the local area

Homeowners in MKD, who pay monthly maintenance costs for common property, are usually interested in what is included in the maintenance of the adjacent territory of an apartment building.

According to the law, such works include:

  • installation of playgrounds;
  • cleaning of parking lots, yard territories;
  • gardening of yards;
  • installation of waste collection tanks;
  • installation of enclosing structures around the yard area;
  • painting of landscaping elements;
  • repair of MKD territories.

Residents can initiate landscaping work by submitting an application to the Criminal Code.

What is included in the cleaning

The concept of “cleaning the local area” includes seasonal cleaning of snow and leaves from it, sprinkling of footpaths with anti-slip compounds during ice.

Also, the managing organization must control the timely removal of MSW from the territory.

Maintaining cleanliness and proper sanitary and hygienic conditions in the entrances and on the sites is the responsibility of the Criminal Code.

Cleaning of intra-quarter roads is carried out by specialized organizations, and sidewalks and footpaths are first cleaned of debris, and then the roadway.

Yard gardening

Green spaces play an important role in the design of the yard. They give an attractive appearance to the site and improve the environmental performance.

The rules for the technical operation of the housing stock contain the fundamental principles of landscaping activities:

  • work is carried out only after clearing the site from construction debris and other waste;
  • without special permission, it is strictly forbidden to cut down trees growing on the territory of the yard;
  • when planting poplar, mulberry, it is not recommended to choose female individuals, which cause more active clogging of areas;
  • every year, planned processing of green spaces from pests is organized.

With regard to green spaces, there are special rules that are required to be followed by both employees of the Criminal Code and residents. A large list of prohibitions is aimed at preventing damage to plants and preserving the yard area.

Asphalt paving

The poor condition of intra-quarter roads and sidewalks always raises the question among residents who should repair the asphalt in the yard of an apartment building. The decision on the need to restore the asphalt pavement should be made by the residents of the MKD at a general meeting.

As a rule, the management company creates a special fund, into which apartment owners contribute funds based on the calculated cost of the proposed work.

The additional collection of funds for these purposes is due to the fact that the contractor, the organization chosen by the management company, will repair the roads in the courtyards of apartment buildings.

Road repairs should be carried out in compliance with the recommendations of SNiP on:

  • the minimum allowable thickness of the asphalt layer is 0.15 m;
  • the minimum width of the asphalt around the house is 1 m;
  • the use of fine-grained compositions;
  • obligatory covering of the paths leading to the entrances, and car parking.

With the help of the fund, it is also possible to repair the sidewalk in the yard of an apartment building.

Barrier installation

The decision to install a barrier in the yard is made by the general meeting of the owners of the premises, since the tenants have the right to limit the use of the adjacent territory.

For a comprehensive restoration of structures or their complete replacement, a major overhaul is required. It is carried out as needed or upon request. The list of works of the UK on overhaul includes:

  • restoration of fences;
  • restoration of playgrounds;
  • refurbishment of places of rest and others.

Find out how often it is carried out and what is included in.

Who sets the rates for yard maintenance

Tariffication of services by content land plots adjacent to the MKD, is produced by the communal organizations that provide them, and in individual cases- local self-government bodies.

The regulatory role in this matter is assigned to the state. It participates in pricing by the adoption of regulatory legal acts:

  • Federal Law "On the basics of regulation of tariffs of organizations of the communal complex";
  • individual government decrees.

Market factors have a significant impact on the cost of services: the level of inflation, fuel prices, wages, and others. Tariffs may be reviewed annually.

Residential area maintenance fee is charged for square meter taking into account the share of the tenant in the common property. If a tariff rate is 10 rubles per 1 m2, and the area of ​​\u200b\u200bthe adjacent territory is 200 m2, then with a share of 3%, the monthly fee for its maintenance is 60 rubles.

Who to complain about bad service

The quality of services for the maintenance of the local area should always remain at high level. This is especially true in the winter, when snow drifts sometimes do not even allow you to get out of the house.

But service companies do not always cope with clearing yards and sidewalks from snow, removing household waste, or timely cleaning the site in the summer. In this case, the MC is obliged to revise the tariffs for payment.

The owners of the site send a written application for the revision of tariffs no later than 6 months from the date of fixing the violation.

If the officials of the Criminal Code do not respond to the claim with appropriate actions, homeowners in the MKD have the right to contact the Housing Inspectorate, the municipal administration, and even.

Litigation in cases of contesting cleaning fees

The courts often receive claims from the owners of apartments in MKD regarding the contestation of the established fee for cleaning the local area in connection with the poor quality of the service. When making decisions, the courts, guided by the norms of the Housing Legislation and the decrees of the Government of the Russian Federation on this issue, often take the side of the plaintiffs.

As shows arbitrage practice on the adjoining territories of the MKD, there are many controversial issues related to the establishment of boundaries, the legitimate use and maintenance of courtyards. In each case, the court examines the arguments, evidence and other relevant information.

conclusions

Home territory is an integral part common property owners of premises in MKD. It includes the house itself, infrastructure elements and green spaces. Responsibility, including material, for the maintenance and repair of the yard is borne by the owners of the apartments, who, by decision of the meeting, can transfer their duties to the company managing the house. Her area of ​​responsibility includes works on the improvement of the local area, current and major repairs.

Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.

The governor's program "Our Moscow Region", within the framework of which municipalities are installing, has already been almost half completed, the press service of the Ministry of Housing and Communal Services of the Moscow Region reports.

As recalled in the press service, an extensive program of Governor Andrei Vorobyov "Our Moscow Region" is being implemented in the Moscow Region to install modern.

“Today, 82 children's play complexes out of 101 have been installed as part of the first stage, work is being completed at another 16 playgrounds, and we can say that almost half of the program has already been implemented. Now we have begun to implement the second stage of the program, within which three out of 76 have already been installed, the program has gained serious momentum, we are opening several playgrounds a day, ”the Minister of Housing and Communal Services of the Moscow Region Yevgeny Khromushin is quoted in the message.

This year, there are five suppliers of playgrounds, so, according to Khromushin, there is a wide choice of themes and a set of play elements.

“By the way, the production of all elements of playgrounds, from bolts and rivets to rubberized shockproof coating and complex geometry of plastic slides and swings, is located in our suburbs,” the minister added.

According to the press service, the priority areas for the implementation of the program are the installation of such complexes in subsidized municipalities, science cities, closed administrative-territorial formations, former military camps, which were transferred to the ownership municipalities from the Ministry of Defense of the Russian Federation.

“As part of this governor’s program, we have installed play complexes for the first time, including those adapted to the needs of children with handicapped. Such sites already exist in Ivanteevka, Balashikha, Mozhaisk, ZATO Vlasikha and in a number of other municipalities. All such children's playgrounds use shock-absorbing, safety, rubberized coating, which minimizes the risk of injuries and bruises in children. All elements of the playgrounds are made of modern materials that have all the necessary certificates, and also comply with all the requirements of GOST, and are absolutely safe for children. After installation, the adjacent territory of all playgrounds is landscaped by public utilities, illuminated, video surveillance is installed, then the playground is transferred to the balance of the municipality,” Khromushin noted.

As noted in the material, Governor Andrey Vorobyov recently decided to expand this year's program by increasing the number of sites to 200 sites (initially it was planned to install 190 sites).

The Governor's program for the installation of new playgrounds has been implemented in the Moscow Region for the fourth year in a row. In the period from 2013 to 2016, almost 320 modern playgrounds have already been installed as part of the Our Moscow Region program. In addition, more than 3.5 thousand playgrounds were installed, replaced and repaired by the municipalities under the program for the comprehensive improvement of courtyard areas, the report concludes.