Green spaces in city courtyards purify the air, improve the environment, and give them an aesthetic appearance. But, unfortunately, this is not always the case. For many residents, trees can become a real problem: breaking glass in a strong gust of wind, damaging a car parked near the house, constantly blocking the sun, causing unpleasant dampness in the house, etc.
It would seem, what is the problem here?
You can simply cut down a dead, diseased or overgrown tree. The catch is that cutting down trees without permission is considered a violation and involves administrative liability, consisting of a prescribed fine of several thousand rubles plus an amount for damage caused to the environment.
In addition, a tree could unexpectedly fall on someone's property or, even worse, injure passers-by - and this is already subject to criminal liability. So what should residents of private and apartment buildings (especially the first three floors), who suffer most from old and overgrown plants and, as a result, lack of sunlight, do? Where can I go to cut down a tree in my yard?
Standards for the location of trees in the local area
According to Art. 36 of the Housing Code of the Russian Federation, monitoring the condition of vegetation in courtyards is the responsibility of the management company of the apartment building. As a rule, every week during cleaning, utility workers must monitor all plantings in the territory entrusted to them. If they find a broken or rotten tree, they are required to cut it down. Moreover, without waiting for an appeal from the owners of the apartment building.
The location of landscaping facilities on the territory of the apartment building is determined by sanitary standards (SanPiN 2.1.2.2645-10), according to which they should be located:
- with a crown diameter of no more than five meters at a distance of 5 m from the trunk to the wall of the house;
- if the diameter is more than 5 m, the trunk must be more than 5 meters away from the wall;
- the bush should not be higher than the bottom edge of the window of an apartment located on the first floor. According to the rules, its distance from the house should be 1.5 m.
In case of non-compliance with the approved landscaping standards, in principle, it will be lawful for residents to contact the management company. Employees are required to respond to complaints, identify violations and eliminate deficiencies.
In what cases is there a reason to cut down a tree?
Before cutting down a tree in your local area, you need to make sure that the procedure is necessary. This is allowed if:
- its condition is recognized as emergency and threatens the safety of the property of the residents of the house. These include, for example, dried out plantings, broken branches hanging over the entrance door, playground, recreation area;
- it grows very close to the wall of the house;
- grows in accordance with the norms, but the branches prevent the penetration of light into the room, and when there is a gust of wind they hit the windows;
- if there is a decision of the general meeting of residents of an apartment building.
If the location of the tree meets sanitary standards, but does not suit the residents, a meeting of the owners is held. It resolves the issue of sawing. If the voting results in 50% +1 vote, a protocol is drawn up and submitted to the management company. Permission to cut down a tree is given by the municipality. However, the owners of the house pay for the sawing.
Who can cut down trees
Such matters are dealt with by special bodies for the development and landscaping of municipal territory. Therefore, first of all, you can send your application to them. State the essence of the problem and identify the consequences or threats to life arising from it.
If you have no idea where to go to have a tree cut down under a window in Moscow, you can resort to the services of special companies that not only help resolve issues with documentation, but can also carry out all the relevant actions for cutting down trees and removing their remains.
Who performs the cutting operation
If there is a need to cut down a tree, you need to write an application to the management company, indicating the reasons. Company employees are required to respond within three days indicating the period for providing the service. Or refusal with justification of the reason in accordance with Government Resolution No. 354.
If the decision of the management company is made in favor of the applicant, the form of payment for the service is adopted at the general meeting of the MKD and entered into the minutes. Payment can be made through contributions to the maintenance of common household property or included in the monthly payment. If the cut is complex and requires large financial costs, payment is made in several tranches over several months.
In the following video you can see how trees are cut down in the local area:
Who should take care of the plantings?
a specialized organization hired by the management company can cut down trees in the courtyard of an apartment building
How to get a tree cut down in your yard? Find out from the video:
Where and with what application should I apply?
A request to cut down interfering trees must be addressed to the Management Committee of the apartment building or to the chairman of the HOA if the house is managed by a partnership. The application, drawn up in free form , must indicate:
- Full name and details of the submitter;
- data of the chairman of the HOA or management organization;
- grounds for cutting down trees;
- requirements for the organization;
- signature and date.
The main thing that needs to be indicated in the application is the reasons for cutting down , whether it is the emergency condition of the tree with the threat of its falling, the location is in conflict with SNiP, violation of insolation by the tree crown, or otherwise.
Sample application for cutting down a tree in the yard.
Waiting period
Within 10 days from the date of delivery of the application, the applicant must receive a response.
This period arises from the need to coordinate the felling with the city improvement department.
If the specified period has expired and the felling has not been carried out, the applicant may apply to further authorities . These include:
- district administration;
- local housing and public utilities department;
- City Administration;
- prosecutor's office
Cost of services
How much does it cost to cut down a tree in your yard? The cost of cutting down a tree is determined in an agreement between the management company and the organization directly involved in the felling.
The cost of services will be included in the column “Maintenance of common property”, so the initiator of felling will not have to pay anything additional.
Deforestation is paid for by all owners of residential premises in apartment buildings in their receipts . For example, cutting down and removing one tree from a yard in Moscow can cost from 700 to 40 thousand rubles.
When residents are not required to pay for tree cutting work
Owners of an apartment building, as a rule, do not have to pay for the service:
- during the elimination of the consequences of abnormal weather phenomena. That is, when it is necessary to remove storm-broken or tilted trees that threaten the safety of people and their property;
- if the plantings were not recognized as emergency by the administration, but were knocked down or damaged;
- when a fallen or damaged object is located on municipal property or on someone else’s land plot.
If plant crops are located outside the territory owned by the MKD, the local administration is responsible for their condition. Such objects include, in particular: schools, kindergartens, squares, parks, lawns along sidewalks and roads. Green spaces that are in disrepair and pose a threat to life must be trimmed, cut down and disposed of at the expense of the local budget as soon as possible.
If a problem arises due to the branches of a tree located on a neighboring property, the cost of cutting it down must be borne by the owner of the land on which it grows.
Valuable breeds
Which trees are valuable species and cannot be cut down? Some biological tree species are valuable species , the felling of which is limited and can only be carried out for sanitary reasons or as an exception.
These include rare relict trees listed in the Red Book, or trees that are valuable as a biological resource.
The list of valuable and rare tree species may be determined by regional legislation.
Where to complain if a tree is in the way or blocks the light
Regulatory acts on recognizing trees as hazardous and cutting down trees are drawn up and controlled, as a rule, by local authorities. Consideration of appeals and decision-making in each city may be different. If a problem arises, according to the general rules, in any locality you can contact the local administration. You can also complain about the management company to the housing inspectorate. Moreover, you can write a statement to the prosecutor's office.
Having accepted the application, the administration is obliged to create a commission to study the situation and identify the fact of an accident. Guided by local regulations, the commission, after inspection, draws up a report declaring the condition of the tree to be unsafe. In this case, the city improvement services must cut down the tree and take it away for disposal. The event is financed, as a rule, from the city treasury. If the commission members do not recognize the fact of an accident, the applicant, in accordance with Law No. 59-F3, receives a refusal within a month. The issue of trees located behind the fence of a private property, but whose hanging branches create inconvenience for passers-by, is resolved in a similar way.
What other ways are there to solve the problem?
If your home is part of a partnership or cooperative, you can arrange for the trees in front of your windows to be trimmed annually by a service that is paid for out of the general fund. Industrial mountaineering companies, for example, cut down trees and trim branches. To do this, you must first obtain permission (a permit) from the Department of Natural Resources and Environmental Protection. And the problem is solved, and the tree is not destroyed, and there is no need to run through multiple authorities.
Source www.molnet.ru
Is it possible to cut down a tree on your own property?
Cutting down trees is a complex process. It requires physical effort, certain skills and, in principle, the presence of special equipment. Bureaucratic approvals significantly complicate the procedure. Involving the issuance of permits for sawing and cutting down trees. Without them, the procedure will not be legal. As a result, this can lead to serious problems.
In accordance with Art. 260 of the Criminal Code and Art. 8.28 of the Code of Administrative Offences, punishment is provided under Art. 1064 of the Civil Code for cutting down without obtaining permission within the city or in the forest. Moreover, with compensation for damage caused to the municipality.
If a tree belongs to the category of valuable species, cutting it down even on your own personal plot may entail penalties. The value of breeds is determined administratively on the territory and entered into a special list. To avoid risk, you should not attempt cutting yourself. It is better to be patient and follow the scheme described above.
Is it possible to cut down trees in the yard of a house?
Cities are serviced by government agencies represented by improvement departments. They monitor the planting of trees, their condition and benefits.
to cut down trees in your yard ! Such actions are considered arbitrariness and contradict the order of the Ministry of Regional Development No. 613 of December 27, 2011:
- Clause 8.6.6 – prohibits unauthorized cutting down of city trees and shrubs;
- Clause 8.6.10 obliges to collect from those responsible the cost of damaged/cut down plantings;
- Clause 8.6.12 – informs about compensation for losses from the destruction of green areas;
- Clause 8.6.15 obliges to obtain permission to cut down dead wood.
The order has been abolished and these rules are no longer in effect. However, municipal authorities adopted them. The above points are still relevant and are used in practice. But already within the framework of local acts.
The adjacent area is a courtyard where a residential building is located, cars are parked, people are walking, and other plantings are planted. If the felled tree is large, it can easily damage other people's property. Or, even worse, it will cause injury to a random passerby, even death. The one who cut down the plant will have to answer for what he did.
Example:
A resident of a high-rise building endured a branchy poplar tree next to his house for a long time. The thick crown of the tree obscured the windows, preventing sunlight from entering them. The resident had to “burn” electricity even during the day. He got tired of it and decided to cut down the poplar. He did not receive permission to cut down. To cut down the tree faster, he involved his friend. However, a massive poplar trunk fell on a neighbor's parked car. As a result, the Nissan Almera's windshield was broken, and the body and doors received dents. The angry owner of the car filed a claim for damage to property under Art. 168 of the Criminal Code of the Russian Federation. The court ordered the resident and his friend to pay a fine of 120,000 rubles. At the same time, the culprits were fined for unauthorized cutting down of a tree in the yard of the house.
Who is responsible for sleeping?
Considering that the adjacent territory belongs to the common property of the residents of an apartment building (MKD), the cutting down of trees must be agreed upon with all apartment owners - Art. 44 Housing Code of the Russian Federation. If residents agree to felling, they must obtain permission in the form of a felling ticket . The lack of permission makes it difficult to destroy green spaces within the city.
It is also necessary to look at where the tree is located, that is, on whose territory. Situations may be different:
- The land belongs to the residents of the apartment complex - the cutting down of trees and bushes should be carried out by the bodies of the Management Company (MC) or the Home Owners Association (HOA). The cutting takes place at the request of the residents of the house. The bill for cutting down vegetation will be included in receipts for housing and communal services.
- The land belongs to the municipality - the responsibility for caring for the territory falls on the city improvement department or landscaping department.
Citizens living in the house do not participate in cutting down trees. All work is carried out by specialist contractors - individuals or legal entities. Logging requires assessment, equipment, gear and technical skills. A crane may be required during the work. Most often, cutting down or pruning trees is usually entrusted to communications and energy workers.
