In 2010, the Ministry of Justice of the Russian Federation, number 17833, registered a Resolution providing for sanitary requirements that a residential building must meet. The document came into force in August 2010.
It is worth noting that until this time, such standards had not been established, and only a few building codes and rules were applied to certain housing, which did not make it possible to carry out a comprehensive inspection of the residential building. The provisions of the above document are used by operating and construction organizations that provide public services.
What to do if the owners of neighboring plots do not want to adhere to the basic rules that require living within the private sector, scatter garbage, do not maintain silence at the established times, and the like? Where should I contact?
Violation of land surveying
Violation of land surveying implies failure to respect the boundaries of the neighboring site. This can happen unknowingly or intentionally. But in any case, this fact violates the right to inviolability of private property and must be eliminated.
The most common reasons for violation of boundary boundaries are:
- Unauthorized intentional change by a neighbor of the boundaries of someone else's land plot;
- An error by the cadastral service specialist when taking measurements;
- Official documents do not contain data on the boundaries of land plots;
- Shortcomings in the Unified State Register of Real Estate documents that led to errors in reality.
If the reason is the unauthorized intentional act of a neighbor, and he refuses to return someone else’s land, then it is necessary to file a claim in court. Failure to comply with land survey boundaries is punishable by a fine, which depends on the cadastral value of the land. In addition, the violator will need to return someone else's land and demolish all his buildings from it.
Buildings closer than 5 m - a house, 1 m - small architectural forms and a bathhouse from their fence
Buildings built close to an adjacent fence can cause several problems:
- A large shadow is created between the houses. As a result, plants planted in this place grow poorly, and the soil takes a long time to dry out after rain.
- Discomfort from the close proximity of windows of neighboring houses.
- Sewage water, as well as snow from the roof, can fall onto a neighbor’s house, which will negatively affect its condition.
- Building a house close to the boundary and installing an additional fence may threaten to violate the boundaries of the neighboring property.
Due to the possibility of such problems arising, the legislation regulates the minimum distance that must be maintained between the building and the neighboring site. So, for different types of buildings there is its own norm:
- for a private house - five meters;
- for small architectural forms and baths - one meter.
If these rules are violated, a claim must be filed in court.
Where to complain if neighbors on a plot of land do not comply with sanitary standards of residence
For violation of the prescribed sanitary standards, a person bears administrative responsibility. This means that the violator will have to pay a fine. These days, neighbors often conflict with each other. Any citizens are given the right to appeal to the district administration authorities to resolve the problem that has arisen.
To do this, write a statement that will reflect in detail what the violation of SanPiN is. For example, this may be inappropriate placement of sanitary facilities or buildings.
The district administration is obliged to look into the situation. But remember that in some circumstances it is quite difficult to confirm the fact of violations. Based on the above, executive branch specialists may refuse to satisfy the request, then the case will not be initiated. In such a situation, go to court. File a proper claim that lists the existing violations.
Be sure to collect evidence. If they are missing, use a building and land plan, which records the distance between residential, facilities and other buildings, and indicates the boundaries.
In addition to the above, visit the BTI and demand a copy of the cadastral passport for the neighboring land ownership. Typically, the legal process lasts for several months, so if you need to resolve the problem as soon as possible, contact the prosecutor's office with an application. In this case, a special inspection will be scheduled. Don't forget that you must prove the damage caused. To do this, use photographs, videos, etc.
Trees closer than 2 m, bushes 1 m from the fence
In addition to buildings, you need to carefully approach the plantings on your site. Thus, planting trees and bushes next to a neighboring plot can cause:
- Unfavorable shade for the neighboring area, which interferes with the growth of plants;
- Creating an unfavorable microclimate on neighboring land;
- Threatening neighbors' property in stormy weather.
To prevent the above problems, the legislator established the following norms for the distances between the plant and the border of the neighboring plot:
- For trees - two meters;
- For bushes - one meter.
If these rules are violated, a claim must be filed in court.
Blocking the passage
The legislator guarantees each owner of a land plot the opportunity to get to it without obstacles and complications. In addition, citizens have the right to freely visit public areas without anyone’s permission and without restrictions on the time spent in such areas.
Any plot of land on which it is permitted to erect permanent buildings must be provided with a pedestrian passage, at least one meter wide, as well as a passage for cars, at least three and a half meters wide.
Therefore, if neighbors block the driveway or otherwise impede access to the site, this is a violation of civil rights. To restore rights, you must file a claim in court.
Who to call if there is noise from above day and night
If the neighbors are noisy, what should you do ? Of course, call the police. If you don't know the telephone number of the emergency department in your area, it doesn't matter. Dial “02” and tell the dispatcher what your problem is. But there is no need to ask what to do if the neighbors are noisy. The fact is that the police don’t really like such calls, since often the squad arrives when the house is already quiet and calm. It is better to report a specific offense immediately. They fight, hear heartbreaking screams, perhaps prepare drugs - these are the many things that might be suitable.
The police cannot always help, since the police do not have the right to enter an apartment against the will of those living in it. An educational conversation on the doorstep is all that, as a rule, such trips end with. And if by the time the police arrive there is silence and the door is not opened at all, then there will be no conversation.
The district police officer knows what to do if neighbors make noise regularly. It is he who you need to turn to if other methods do not help. The appeal will be more effective and efficient if a collective application is submitted from at least several neighbors. Then the district police officer will be more likely to believe that this is not a matter of settling personal scores, but that the neighbors are really making noise at night (the entire apartment building doesn’t know what to do with them). You can contact the local police officer by coming to an appointment in person or by sending a complaint by mail.
Noise before 9am and after 10pm
There is a law on silence in our country. In accordance with it, the permissible noise level in the daytime should not exceed 40 dB, and at night - 30 dB.
It must be remembered that each region sets its own time intervals for “noisy work”.
The law lists actions that disturb the peace of other citizens:
- fireworks and other pyrotechnics;
- listening to music using amplifiers;
- loud screams;
- construction and repair work.
If neighbors do not comply with the silence regime, this will be an administrative offense. And in this case, you must file a complaint with the district police officer.
We are filing a complaint against the neighbors to the local police officer
When filing a complaint against your neighbors at home, you need to remember:
1. In the header of the application or complaint, in the upper right corner, indicate the name of the organization to which the application is being submitted, its address, then the full details of the applicant: full name, address and contact telephone number.
An anonymous report will not be considered unless it reports a criminal offense.
2. Present the facts clearly, unemotionally, without digressions or insults, observing chronology.
Don't get carried away. A statement that is too long will not provide clarity, but will only confuse the situation.
3. Write in legible handwriting, without corrections or gross errors.
4. It is advisable to add on the basis of which article of the law you are writing a complaint, but if you don’t know, don’t worry. At the end of the application, you can indicate that you are aware of criminal liability for false information in accordance with Art. 306 of the Criminal Code of the Russian Federation.
5. Don’t forget to indicate your requirements, the purposes for which this complaint was drawn up, and ask to be notified of the measures taken.
6. Be sure to put the date, signature and your full name in the lower right corner of the application.
For your information. A collective complaint carries more weight than a single one. Contact the other residents of the entrance and make a statement from the team.
Commercial production equipment
Each land plot belongs to a certain category of land, which has its own purpose. If a neighbor uses his land for other than its intended purpose, for example, by setting up a commercial production facility on it, then he is violating the law.
To restore justice, you must file a complaint with the Rosreestr Office in the department of state land control, which will check compliance with land legislation in this regard.
Garbage dump and open drains
The owner of a land plot has the right to carry out any actions on it that do not cause damage to others.
If a neighbor has set up a landfill on his land, this creates a threat to the sanitary and environmental conditions, and there is also a risk of fire. To solve this problem, it is necessary to file complaints with the SES and the fire inspectorate.
If a neighbor’s drains are open and sewer flooding occurs, this can result in damage to someone else’s property and also creates a threat to the sanitary and environmental situation. In this case, it is necessary to file a complaint with the local administration.
Thus, it is clear that there are many reasons for conflict situations with neighbors. In any case, first you need to try to resolve the conflict yourself and come to an agreement with them. If neighbors do not agree to a peaceful solution to the problem, then in this case it is necessary to file complaints with the relevant organizations.
What reasons could there be?
As already noted, the gas service is a monopolist; it is neither the property of the state nor an accountable organization. Since Gorgaz has no competitors, the only supplier can change the terms of service to be less profitable for consumers. For this simple reason, conflict resolution is possible, but changing the service organization is unrealistic. Of course, unless the owners of a private house decide to switch to another type of fuel.
Now Gorgaz performs several tasks. His department includes:
- commissioning of gas supply systems: both in private and apartment buildings;
- control of equipment and its maintenance after concluding an agreement with the owner;
- examination of gas pipelines and related equipment;
- reconstruction of gasified facilities;
- organization of fuel transportation;
- repair of in-house equipment.
The many functions performed by the gas service make writing a claim difficult. To avoid delay, specification is necessary. Therefore, when writing a complaint, applicants need to:
- be sure to indicate the type of service with which the applicant is dissatisfied;
- Briefly but clearly describe the essence of the conflict in the document.
In this case, the issue can be resolved as quickly as possible. If we talk about what problems applicants most often encounter, the list includes:
- emergency situations;
- low fuel quality;
- serious financial losses;
- poorly done work;
- unreasonable refusal to provide services;
- providing incorrect information;
- extension of equipment installation time;
- tariffs, often unreasonably high;
- incompetence of the organization's employees;
- gas shutdown due to debt.
All these issues can be resolved by filing a complaint with the gas service. This is the best solution, which will most likely help you defend your rights and interests.
