Nash Dom contacted local authorities in Gomel in September with questions about benches. “Can a citizen make a bench himself”? "Where and how to put it in the city and in the yard"? "What should be an ordinary shop"? “With whom and what should be agreed upon”? “What will we have for such an initiative”?

What did you manage to find out about the shops from five officials from different offices? The most ordinary bench can simultaneously: “be with a back” and “interfere with other citizens”, “be determined by the project” and “threaten health and life”, “turn out to be original” and suddenly “turn into a fine of 30 base units”.

When preparing responses to the appeal, officials of the administration of the Central District of Gomel and KZhREUP "Central" of Gomel were involved in disciplinary responsibility for violation due date consideration of an electronic application for benches - “no later than one month”.

1. general information for curious citizens

In a legal state, which is the Republic of Belarus, everything that is not prohibited is allowed. Taking into account that in the city of Gomel more than 80% of apartments in the communal housing stock have been privatized by citizens, i.e. apartment buildings residential buildings are joint households, in accordance with Article 9 of the Law of the Republic of Belarus “On joint household ownership”, the owner uses common property (including benches in the yard), without interfering with the exercise of the rights of other owners of this residential building ...

2. Technical data and consumer properties

Requirements for technical data, consumer properties, dimensions and others specifications benches (benches) installed in urban areas with the participation of city residents, regulatory documents (technical regulatory legal acts) are not defined ... Each manufacturer develops documents for the manufacture of benches ... All technical characteristics of small architectural forms (and benches) are determined by the project (design and estimate documentation) when carrying out the improvement of courtyard areas with the installation of small architectural forms (and benches) during a major overhaul or modernization of the yard area ... From the established practice of housing and communal services organizations, one of the main requirements of residents, especially the elderly, is that the bench has a backrest ...

3. With whom you need to coordinate the installation in the yard

A citizen can independently manufacture (purchase) and install a bench in the yard at his own expense, having previously agreed on the place of its installation with the balance holder (owner) of a residential building or a housing maintenance organization serving this house as well as with the owners engineering communications... The planned work on the acquisition, installation of a bench (bench), repair or painting of an existing bench, the purchase of installation of other small architectural forms must be coordinated with the organization that operates this housing stock (ZhEU-ZhES, KZhREUP-ZhREO). Coordination is necessary to implement a common (unified) approach to the design of each courtyard area, in order to avoid violating the aesthetic solution, damaging communications ...

4. With whom you need to coordinate the installation in other places

The installation of a bench in any other place (park, boulevard, street, etc.) must be coordinated by the citizen with the administration of this district and with the district architect ...

5. When benches are usually installed in yards

Organizations operating the housing stock carry out landscaping of yard areas with the installation of small architectural forms during the overhaul or modernization of the yard area in accordance with design estimates ... (as well as at the request of citizens) ...

6. Administrative penalties for initiative

For the participation of residents of any city in the improvement of courtyard areas, administrative penalties are not provided for by the legislation of the Republic of Belarus. Such an initiative is welcome and there are already examples of the participation of residents in the improvement of their yards (in the form of their equity participation in financing) ... In accordance with clause 16.1 of the "Rules for the use of residential premises, maintenance of residential and auxiliary premises", approved by the Decree of the Council of Ministers of the Republic of Belarus dated 21 May 2013 No. 399, citizens are prohibited from acting (inaction) in a residential building that leads to a violation of the living conditions of citizens in other residential premises, as well as hindering the exercise of the rights and legitimate interests of other citizens and organizations. If a bench installed arbitrarily by a citizen in places common use a residential building (at the entrance or in the yard) will interfere with other citizens, threaten their health and life, sanctions may be brought against the violator in accordance with the Code of the Republic of Belarus on Administrative Offenses under Article 21.16 in the form of a fine of up to 30 basic units ...

Comment "Our House": article 21.16 of the Code of the Republic of Belarus on Administrative Offenses (“Violation of the Rules for the Use of Residential Premises”) suggests “ for breaking the rules use of housing or content residential and auxiliary premises of a residential building (excluding payment for Maintenance living quarters and their use public utilities rendered to the population, deductions for overhaul), structural elements And engineering systems or unauthorized reconstruction and (or) re-planning of residential and (or) non-residential premises, including engineering systems, without changing the bearing capacity of structures, as well as the use of residential premises suitable for habitation for other purposes, involves the imposition of a fine of up to 30 basic units. (The size of the base value from April 1, 2014 is 150 thousand rubles.)

7. Special place for the most original benches

The administration of the Sovietsky district of the city of Gomel conducts creative contests among talented people (enterprises, organizations and institutions of the district) to develop designs of unusual benches and the best examples located in the Festivalny park, where you can see an exhibition of original benches…

8. Participation of residents in the improvement of their yard

IN different areas In the city of Gomel, examples of participation (full or shared) of residents in the improvement of their yard have already appeared. For example, at the expense of residents, a playground was arranged at the address: st. 50 years of the Gomselmash plant, building 26, with the installation of a sandbox and benches (there are other examples) ...

Electronic appeal of "Our House"

Reply from the administration of the Zheleznodorozhny district

STATED REQUIREMENTS
TO EXTERNAL IMPROVEMENT OF THE TERRITORY
IN PART OF ACCOMMODATION AND (OR) SERVICE
BENCHES (SMALL ARCHITECTURAL FORMS)

(SPECIFIC PROVISIONS OF THE TECHNICAL
NORMATIVE LEGAL ACTS
ABOUT BENCHES FOR USE
WHEN PREPARING TEXTS OF APPEALS)

BENCH - SMALL ARCHITECTURAL FORM

Benches are a small architectural form and are intended for external improvement of courtyards and entrances to residential buildings, territories of social and cultural institutions, places of public recreation, placement at bus stops and on pedestrian routes (sidewalks, alleys, boulevards, pedestrian streets and squares).

COMMON PLACES FOR THEIR PLACEMENT

1) Adjoining territories of multi-apartment residential buildings (at entrances to entrances, near children's and sports grounds or near green spaces).

2) Places of mass recreation of the population and places of mass congestion of citizens (officially approved and permitted), parks of culture and recreation, squares.

3) Sidewalks and pedestrian zones along the main streets, entrances to the buildings of enterprises, organizations and institutions, regardless of their form of ownership.

4) Territories of recreational zones of cities and settlements, including beaches and adjacent water areas (rivers, lakes, bays or ponds).

5) Stopping points of public passenger route transport, open parking lots and parking areas, specially designated smoking areas.

1. Sanitary standards, rules
and hygiene standards
"HYGIENE REQUIREMENTS FOR THE DEVICE,
EQUIPMENT AND MAINTENANCE OF RESIDENTIAL BUILDINGS»
(Approved by the Decree of the Ministry of Health
Republic of Belarus dated August 25, 2009 No. 95.
Effective September 16, 2009.)

3. These Sanitary Rules are binding government bodies, other organizations, individuals including individual entrepreneurs.

9. At the entrance to residential buildings, rubbish bins, benches, and grates for cleaning shoes should be installed.

10. On the territory adjacent to residential building(a group of residential buildings): children's rooms must be equipped playgrounds, playgrounds for sports, household activities, benches for rest are installed; pruning, replanting (if necessary) of trees and shrubs should be carried out annually.

33. The organization that operates the housing stock is obliged to periodically check the sanitary and technical condition of the structures and elements of residential buildings and promptly eliminate the identified malfunctions.

2. Technical Code of Practice -
TCP 45-1.04-206-2010 (02250)
"REPAIR, RECONSTRUCTION AND RESTORATION
RESIDENTIAL AND PUBLIC BUILDINGS AND STRUCTURES.
Basic design requirements»
(Approved and put into effect by the Order of the Ministry
architecture and construction of the Republic of Belarus
dated July 15, 2010 No. 267. Introduction date - January 1, 2011.)

List of main types of work,
performed during the current repair of buildings and structures

A16 The main types of work for external improvement:

4) arrangement and repair of benches installed in the adjoining territories.

3. LIST OF WORKS
FOR MAINTENANCE
AND FREQUENCY OF THEIR IMPLEMENTATION
(Appendix to the Decree
Ministry of Housing and Communal Services
Republic of Belarus dated May 20, 2013 No. 12)

3.3 The main types of work for external improvement:

3.3.1 check technical condition external improvement and landscaping during general inspections - 2 times a year;

3.3.2 inspection of children's and sports grounds– once a month (from April to October);

3.3.3. elimination of minor malfunctions of equipment for children's and sports grounds - as necessary.

4. STANDARD AGREEMENT
FOR MAINTENANCE SERVICES
APARTMENT RESIDENTIAL BUILDING, EXPORT AND
NEUTRALIZATION OF SOLID HOUSEHOLD WASTE
AND USE OF THE ELEVATOR
(Approved by the Decree of the Council of Ministers
Republic of Belarus dated January 27, 2009 No. 99)

2. The contractor is obliged:

2.9. carry out repairs of the improved pavement of driveways, walkways, maintenance of green spaces, as well as repairs of children's play equipment and other small architectural forms within the boundaries of the service area.

5. Technical Code of Practice -
TCP 45-3.01-116-2008 (02250)
"URBAN DEVELOPMENT.
SETTLEMENTS.
Norms of planning and development»

and construction of the Republic of Belarus dated November 28, 2008 No. 439.
Implementation date is July 1, 2009.)

6.2 Residential development

6.2.7 Minimum distances from the windows of residential buildings should be taken to the sites, m, for: physical education (depending on noise characteristics - at least 10; household purposes (same) - 20; walking dogs (same) - 40 ...
Distances from garbage collection sites to sports grounds, playgrounds for children's games and recreation for adults, as well as to the borders of children's preschool institutions, medical institutions and catering establishments should be taken at least 20 m, and from sites for economic purposes to the most remote entrance to a residential building - no more than 50 m.

6. Technical Code of Practice -
TCP 45-3.03-227-2010 (02250)
STREETS OF SETTLEMENTS.
Building design standards"
(Approved and put into effect by the Order of the Ministry of Architecture
and construction of the Republic of Belarus dated December 17, 2010 No. 485.
Date of introduction - July 1, 2011.)

5.4 Pavements, pedestrian streets and paths

5.4.1 The width of the pedestrian part of the sidewalk does not include areas for kiosks, benches, small architectural forms, lighting poles, etc.

5.4.9 Along the footpaths, in crowded places, equipped recreation areas should be provided. On walking paths adapted for the movement of physically weakened groups of the population, after 150 m, rest areas equipped with benches should be provided, and after 300 m - benches with canopies.

7. Technical Code of Practice -
TCP 45-3.03-19-2006 (02250)
"CAR ROADS.
Design standards"
(Approved and put into effect by the Order of the Ministry of Architecture
and construction of the Republic of Belarus dated January 26, 2006 No. 19.
Implementation date is July 1, 2006.)

10.1 Bus stops

10.1.1 Bus stops must be equipped with stopping and boarding areas with benches and rubbish bins, as well as pavilions or sheds for passengers with information about the name of the stop and with a device for placing the bus schedule.

8. RULES
MAINTENANCE AND IMPROVEMENTS
SETTLEMENTS

Republic of Belarus dated November 28, 2012 No. 1087)

5. Improvement and maintenance (operation) of the territory are carried out in accordance with the requirements of regulatory legal acts, including technical regulatory legal acts, in order to bring the territory into a condition suitable for the operation of buildings, structures, engineering and transport communications, the creation favorable conditions the life of the population, the formation of an ecologically and fireproof, aesthetically expressive habitat and include:

5.1. construction in accordance with the duly approved project documentation and maintenance (operation):

fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, trash cans, etc.).

9. RULES
IMPROVEMENTS AND MAINTENANCE
CITIES OF MINSK
(Approved by the decision of the Minsk City
Council of Deputies dated December 13, 2000 No. 139.
REVOID IN 2013.)

4. Improvement and maintenance of the land plot and the territory adjacent to it include:

installation, repair and annual refreshing painting of fences, fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, trash cans, and so on).

RULES
IMPROVEMENTS AND MAINTENANCE
CITIES OF MINSK
(Approved by the Decision of the Minsk City
Council of Deputies dated November 13, 2013 No. 366.
CURRENTLY ACTIVE.)

4. Landscaping and maintenance (operation) of the territory are carried out in accordance with the requirements of regulatory legal acts, including technical regulatory legal acts, in order to bring the territory into a condition suitable for the operation of buildings, structures, engineering and transport communications, and create favorable conditions for the life of the population , the formation of an ecologically and fireproof, aesthetically expressive living environment and include:

4.1. construction in accordance with the duly approved project documentation and maintenance (operation):

fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, bins and other similar objects).

10. RULES
USE OF RESIDENTIAL PREMISES,
MAINTENANCE OF RESIDENTIAL AND AUXILIARY PREMISES
(Approved by the Decree of the Council of Ministers
Republic of Belarus dated May 21, 2013 No. 399)

11. Common property must be kept in accordance with the requirements of the legislation in a condition that ensures:

11.2. safety for the life and health of citizens, the safety of property;

11.6. maintaining the architecture apartment building in accordance with the requirements of project documentation.

13. Organizations are required to comply with the following requirements:

13.3. carry out technical inspections of a residential building and residential premises, landscaping facilities, adjoining territory in the manner prescribed by technical regulatory legal acts.

Prepared by Andrey AKSENOV, ND.
[email protected]

Case No. 2-206/2013

SOLUTION

Name Russian Federation

Romodanovsky District Court of the Republic of Mordovia as part of the presiding judge Purtsakin V.V.,

with the participation in the case of the plaintiff Ledyaykina L.D., the representative of the plaintiff Koneshova E.Sh., the defendant Trubkina A.N., the representative of the defendant Trubkina E.B., acting on the basis of a power of attorney dated 04.06. "Romodanovsky district of the Republic of Moldova Ermakova S.I., acting on the basis of a power of attorney dated November 06, 2012,

under the secretary of the court session Yezhova E.G.,

Having considered in open court a civil case on the claim of Ledyaykina Lyubov Dmitrievna to Trubkin Alexander Nikolayevich on the recognition of the gazebo erected near the illegal one and on the obligation of Trubkin A.GN. remove the illegal gazebo,

installed:

Ledyaykina L.D. appealed to the Romodanovsky District Court of the Republic of Moldova with a claim against Trubkin A.N. on the recognition of the gazebo erected near the illegal one and on the obligation of Trubkin A.N. remove the illegal gazebo, in support of their claims indicated that Trubkin A.GN. near the residential building he erected a building in the form of a gazebo. This gazebo is located in front of the windows of her apartment at a distance of 2 m from the window and 1 m. 20 cm from a residential apartment building. Every evening, young people gather in this gazebo, laugh out loud, drink alcohol, smoke, disturb the peace of the inhabitants of the house, including her. Since Trubkin A.N. erected the specified gazebo without the appropriate permission for its construction; she applied with statements to various authorities with statements on taking measures to demolish this gazebo or transfer it to another place. In order to resolve the current situation, Trubkin A.N. it was recommended to move the gazebo to the north side of the house on public land. However, to date, the gazebo has not been moved. He believes that the said gazebo does not comply with building codes and urban planning rules and violates her rights as the owner of a dwelling in a multi-apartment residential area. He asks to recognize the gazebo erected by A.N. Trubkin as illegal. near, and oblige Trubkin A.N. remove this thread.

At the hearing dated DD.MM.YYYY, the plaintiff Ledyaykina L.D. supported the claims in full, clarified and changed them, asked to recognize the playground, installed at a distance of 1 m. 20 cm from her window, not legal; oblige A.N. Trubkin, who lives at:

At the hearing from DD.MM.YYYY the plaintiff Ledyaykina L.D. the claims were changed and clarified, requested that the construction of a structure for recreation for adults and children consisting of two benches, a table and arches for a canopy erected near the municipal district of the Republic of Moldova be recognized as illegal; oblige Trubkin A.GN. remove the illegally erected construction facility for recreation for adults and children, consisting of two benches, a table, racks and arches for a canopy from the window, owned by Ledyaykina L.D. according to the requirements of SNiP 2.07.01-89*. At the same time, she explained to the court that she lives on the first floor of a building located at the address: owned by her on the basis of common shared ownership. In the summer of 2012, Trubkin A.N., who lives next door to her, in the above house, built a gazebo near their house. This gazebo is located a short distance from the window of her apartment, where the bedroom is located. Every evening, young people gather in the gazebo, laugh out loud, drink beer, smoke, which disturb her peace. When it rains from the roof of the gazebo, water will fall to it through the window. He believes that the said gazebo was built in violation of the law and should be moved by A.N. Trubkin. from the windows of her apartment to another place.

The representative of the plaintiff Koneshova E.Sh. at the hearing the claims Ledyaykinoy L.D. supported in full, explained to the court that the said gazebo was erected with violations building codes and SNiP rules. The location of the gazebo, located near the first entrance, does not comply with the norms and rules of urban planning, since it is located at a distance of 1 m. 20 cm from the window of the apartment of Ledyaykina L.D. In the evening, young people gather in it to spend their leisure time, make noise, smoke, drink alcohol. The plaintiff is at an advanced age, so all this affects her state of health. He considers it necessary to recognize the construction of a structure for recreation for adults and children, consisting of two benches, a table of racks and arcs for a canopy erected by Trubkin A.N. near not legal; oblige Trubkin A.GN. to remove the illegally erected building - a structure for the recreation of adults and children, consisting of two benches, a table, racks and arches for a canopy from the window owned by Ledyaykina L.D.

defendant Trubkin A.GN at the hearing the claims Ledyaykinoy L.D. did not recognize, asked to refuse their satisfaction. He explained that the structure - a table, benches, racks and arches for a canopy erected by him near the residential entrance are still under construction, and are not a playground for adults, a playground for children or a gazebo. Therefore, their installation near the entrances of residential buildings at a distance of less than 10 m from them is not prohibited by building codes and regulations, to which the plaintiff refers. The location of these benches does not violate the rights and legally protected interests of other persons, does not pose a threat to the life and health of citizens. SNiP is not the regulatory document that obliges, when designing residential development, to place benches (benches), playgrounds for adults and children's games in the yard. SNiP oblige designers to comply with certain criteria when designing the placement of such sites in residential yards. The controversial table, benches, racks and arches for a canopy interfere only with Ledyaykina L.D., other residents do not mind their installation. The plaintiff claims that young people gather on the benches at the table every day and disturb her peace, drink, smoke. At the same time, it is not possible to sit on these benches, since they have not yet been completed.

The representative of the defendant - Trubkina E.B. plaintiff's claims are not recognized. She asked to be denied. She explained that these benches were built in order to improve the territory near the house. These benches interfere only with the plaintiff, the entire entrance of the house knows about this, so she asked the residents of the entrance to remove them many times, but did not raise the issue with all the owners of the premises in this house.

The representative of a third party is the head of the administration of the Romodanovsky urban settlement of the Romodanovsky municipal district of the Republic of Moldova Kolmakova T.V. at the hearing did not appear, submitted to the court a statement in which he asks to consider the case in their absence.

Court in accordance with Art. Code of Civil Procedure of the Russian Federation, considers it possible to consider the case in the absence of a representative of a third party.

The representative of a third party - LLC Romodanovsky district "Uyut" - Ermakova S.I. believed the claims should be satisfied, the court explained that the owners of the premises in the apartment building own the land plot on which the house is located with landscaping and landscaping elements, other intended for maintenance, operation and improvement of this house and located on the specified land plot objects, as well as any kind of use of the land plot of an apartment building, including the construction of a gazebo, are allowed only with the consent of the owners of the premises in this house, drawn up in accordance with housing legislation.

The representative of a third party - the administration of the Romodanovsky urban settlement of the Romodanovsky municipal district of the Republic of Moldova Pankratov G.M., explained to the court that he works as the head of the department of construction, architecture and housing and communal services of the administration of the Romodanovsky municipal district of the Republic of Moldova. DD.MM.YYYY during the inspection of the unauthorized construction of the gazebo, together with the deputy prosecutor of the Romodanovsky district of the Republic of Moldova, on site, it was established that the construction of the gazebo is carried out by citizens living on public lands on north side of the apartment building indicated and 1 m. 20 cm from the residential wall, which does not infringe on the rights of Ledyaykina L.D. as the owner. In addition, the construction of a gazebo is not an unauthorized construction and a capital construction object, for which a permit must be obtained. This gazebo was created in order to improve the local area and is not an object of real estate.

After hearing the parties, representatives of third parties, having studied the written evidence in this case, the court finds that the claims should be satisfied on the following grounds.

In accordance with the article of the Civil Code of the Russian Federation, the protection of civil rights is carried out by restoring the situation that existed before the violation of the right, and suppressing actions that violate the right or create a threat of its violation.

According to the article of the Civil Code of the Russian Federation, an unauthorized construction is a residential building, other building, structure or other immovable property created on a land plot not allocated for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits for this or with significant violation of town-planning and building norms and rules.

A person who has carried out unauthorized construction shall not acquire the right of ownership to it. It has no right to dispose of the building - to sell, donate, lease, make other transactions.

Unauthorized construction is subject to demolition by the person who carried it out or at his expense, except for the cases provided for by paragraph 3 of this article.

The right of ownership to an unauthorized structure cannot be recognized for the said person if the preservation of the structure violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.

As can be seen from the evidence of state registration the rights issued by DD.MM.YYYY by the Office of the Federal Registration Service for the Republic of Moldova, a technical passport with inventory number No., Ledyaykina L.D. an apartment with a total area of ​​43.3 sq.m., located at:) belongs to the right of common shared ownership. From the protocol general meeting of the owners of residential premises of entrance No. dated DD.MM.YYYY, it follows that at the meeting, with a single vote by the owners of residential premises of entrance No., a decision was made to place a bench near entrance No. (case sheet 40).

From the message of the administration of the Romodanovsky urban settlement dated DD.MM.YYYY, it follows that the administration of the Romodanovsky urban settlement, having considered the collective appeal of the residents, does not object to the placement of south side at home, places for residents to relax with the installation of a table, benches and a canopy from the rain (case sheet 35).

Thus it is at the hearing found that in the period from summer to October 2012 year Trubkin A.GN. erected a structure for recreation for adults and children, consisting of two benches, a table of four racks and arches for a canopy in the form of a gazebo, erected near. This structure is not an unauthorized construction and an object of capital construction, for which it is necessary to obtain a permit, since it was created in order to improve the adjacent territory and is not an object of real estate. The specified structure was erected near the window of the residential apartment of the plaintiff Ledyaykina L.D. owned by the right of common share ownership Ledyaykinoy L.D. in violation of the requirements of SNiP 2.07.01-89*. The building is located at a short distance from the window of the plaintiff's apartment, where the bedroom is located. Every evening, young people gather in the gazebo, laugh out loud, drink beer, smoke, and therefore violate her right to rest. In case of precipitation during rain from the roof of the gazebo, water will fall from the roof of the named structure into the plaintiff's window and create additional problems in the form of noise and excessive moisture.

In the case, the court appointed and conducted a judicial construction and technical expertise (case files 67-73).

According to expert opinion No. DD.MM.YYYY, the structure under investigation is located on a site that is directly adjacent to a residential building. This site is bounded on one side by a wall of a residential building, on both sides by a picket fence, on the fourth side there is footpath to the entrance. Distance from the investigated structure: to a residential building - 1.2 m; to the window located on the first floor - 2.72 m; before front door to the entrance of a residential building - 9.0 m. The structure under study, which performs a certain function, determines the purpose of the site on which it is installed. Given that the structure under study will be used for temporary stay and recreation of people, the site on which this structure is located will also be intended for temporary stay and recreation of people.

According to the requirement of clause 2.13 of SNiP 2.07.01-89 * "Urban planning. Planning and development of urban and rural settlements", which, on the basis of the order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, is included in the list of national standards and sets of rules, as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures" is ensured.

The actual distance from the investigated structure to the window is 2.72 m, and the site on which this structure is located is adjacent to the wall of a residential building, which violates the requirements of the current building codes and rules of SNiP 2.07.01-89 * "Urban planning. Planning and development of urban and rural settlements" included in the List of regulatory documents of mandatory application.

The location (distance from the residential building to the structure) of the recreation facility for adults and children (a structure consisting of two benches, a table, racks and arches for a canopy), located near the residential window of the first entrance, does not meet the requirements of the current building codes and rules SNiP DD.MM. YYYY-89* "Urban planning. Planning and development of urban and rural settlements", included in the List of normative documents of mandatory application.

At the hearing, the plaintiff Ledyaykina L.D. and her representative Koneshova E.Sh. agreed with the conclusions of the expert on the violation during the erection and construction of the disputed structure of the requirements of the current building codes and rules SNiP 2.07.01-89 * "Urban planning. Planning and development of urban and rural settlements", included in the List of regulatory documents of mandatory application.

defendant Trubkin A.GN did not agree with the conclusions of the expert’s opinion, explained that when drawing up this conclusion, the expert indicated as a normative source - the explanatory dictionary of the Russian language (edited by T.F. Efremova), along with other explanatory dictionaries, the specified dictionary cannot be used as normative documentation when making an expert assessment decision, since it is not legal document. The building under study (a canopy from the rain, 2 benches, a table) is located in the adjacent territory in the front garden and can be installed according to the general meeting and by a majority vote of the residents. The front garden and garden of the plaintiff are limited by the picket fence. The disputed structure being erected with a picket fence is not fenced off and is freely accessible. The landscaping elements being erected (a canopy from the rain, 2 benches, a table) can be an element of a recreation area and be installed separately, regardless of the recreation areas. Benches, tables, sheds that stand separately from the recreation areas cannot be called a recreation and games area. In the case under study, benches, a table and a canopy from the rain are installed independently of any rest areas.

In addition, there is no regulatory documentation in the expert opinion that legally determines the name of the building. When making an expert opinion, the current regulations in the field of improvement were not used. According to Order No. dated DD.MM.YYYY of the Ministry of Regional Development of the Russian Federation "On Approval guidelines for the development of norms and rules for the improvement of the territory municipalities on the results of the meeting of the Council under the President of the Russian Federation for the development of local self-government from DD.MM.YYYY", minimum size platforms with the installation of a table with benches for board games 12-15 sq.m., the minimum size of the recreation and games area is 15-20 sq.m. In this case, the area of ​​benches with a table is 2.56 sq.m. (1.6m. x 1.6m.). Therefore, clause 2.13 of SNiP 2.07.01-89 is not applicable in this case. There are no SNiP for free-standing recreational areas for improvement elements.

The arguments of the defendant Trubkina A.GN that the structure he built in the form of benches, a table of racks and arches for a canopy does not violate the rights of the plaintiff is not consistent, the court rejects them, since the named structure erected by Trubkin A.N. does not meet the requirements of paragraph 2.13 of SNiP 2.07.01 -89* and violates the plaintiff's rights.

In accordance with Art. Code of Civil Procedure of the Russian Federation defendant Trubkin A.GN did not provide the court with reliable evidence refuting the arguments and claims of the plaintiff.

The court believes that the plaintiff's claims are subject to satisfaction, since, according to the above expert opinion, during the erection and construction of a structure for recreation for adults and children, consisting of two benches, a table, racks and arches for a canopy located near the residential window of the first entrance, the requirements of the existing building codes and rules SNiP DD.MM.YYYY-89 * "Urban planning. Planning and development of urban and rural settlements", included in the List of regulatory documents of mandatory application. The location (distance from the residential building to the structure) of the indicated recreation facility for adults and children, located near the residential window of the first entrance, does not meet the requirements of the current building codes and regulations SNiP 2.07.01-89 * "Urban planning. Planning and development of urban and rural settlements", included in the List of regulatory documents of mandatory application.

The court has no reason not to trust the indicated conclusion, since the conclusions set forth in it were made by an organization that has the appropriate permit to carry out the named works and are scientifically substantiated, therefore the court considers it to meet the requirements of relevance, admissibility and reliability established by Art. . This conclusion of the judicial construction and technical expertise No. dated DD.MM.YYYY (case sheets 67-73) is accepted by the court as a basis as reliable, since there is no doubt and the participants in the court session agreed with its conclusions, with the exception of the defendant Trubkin A. N.

At the same time, the court takes into account that persons resting in the said building at a table near the plaintiff's window create noise in the immediate vicinity of the plaintiff's window, which will undoubtedly violate her right to rest and comfortable accommodation in the plaintiff's own residential apartment, in connection with which the court finds the claims justified and subject to satisfaction.

Based on the foregoing, assessing the sufficiency and interconnection of the evidence presented by the parties in their totality, resolving the case on the basis of the evidence presented, within the limits of the claims made by the plaintiff and on the grounds indicated by him, guided by the articles of the Code of Civil Procedure of the Russian Federation, the court

decided:

Claims of Ledyaikina Lyubov Dmitrievna to Trubkin Alexander Nikolaevich for recognition of the construction - facilities for recreation for adults and children consisting of two benches, a table of racks and arcs for a canopy erected near the illegal and on the obligation of Trubkin A.N. to remove the illegally erected building - a structure for the recreation of adults and children, consisting of two benches, a table, racks and arches for a canopy from the window owned by Ledyaykina L.D. according to the requirements of SNiP 2.07.01-89*, satisfy.

Recognize the construction of a structure for recreation for adults and children, consisting of two benches, a table of racks and arches for a canopy erected near the municipal district of the Republic of Moldova, as illegal.

Oblige Trubkin A.N. to remove the illegally erected building - a structure for the recreation of adults and children, consisting of two benches, a table, racks and arches for a canopy from the window owned by Ledyaykina L.D. according to the requirements of SNiP 2.07.01-89*.

The decision can be appealed within a month from the date of its adoption in the final form on appeal to the Supreme Court of the Republic of Mordovia, through the Romodanovsky District Court of the Republic of Mordovia.

Judge The.The. Purtsakin

Court:

During the landscaping of the courtyard area, a street bench was placed for rest by the window of our apartment on the 1st floor of the building. During the day, smokers replace each other, it is impossible to open the window; in the evening and until two o'clock in the morning youth noise, din, mat. I applied to the management company with a request to move or move this bench to another place, but my request was ignored. What to do? Maybe go to court?

As far as I understand, the bench is on the territory of the adjoining area of ​​​​your apartment building. In this case, the issue of its transfer should be decided not in court, but at a general meeting of owners.
At this meeting, you need to specifically determine where the bench will stand under the windows or in the back of the yard. Try to convince the neighbors in advance of the need to move it, tell about all the problems that you experience daily, so that at the meeting the indifference of the residents would not be a surprise for you. If a decision is made to move the bench, you can contact the management company to have it moved to a new location.

At least 2/3 of the votes of all those present must be collected in your support. I draw your attention: it is the votes of the owners, and not the residents of your house, that are taken into account. The number of votes of each owner is proportional to the area of ​​his apartment.

• § Art. 46 of the Housing Code of the Russian Federation

Without the minutes of the general meeting, the management company cannot move the bench, because. such a transfer would be unauthorized.
By and large, your problem lies not in the bench itself, but in the behavior of people who make noise or smoke under the windows of the house.

Meanwhile, smoking on the territory of the apartment building is prohibited. The only exception is if at the general meeting the owners chose a special smoking area on the territory of the adjacent plot. But I don't think that this zone was defined directly next to the windows. It is possible that this decision was not made at all.

• § Art. 12 of the Federal Law of February 23, 2013 No. 15FZ “On protecting the health of citizens from exposure ...”

Drinking alcohol in the yards apartment buildings also prohibited by law.

• § P. 3 Art. 16 of the Federal Law of November 22, 1995 J No. 171FZ “On state regulation production and...

Noise at night under the windows of a high-rise building, even without drinking alcohol and smoking, is also illegal. But this ban is set by regional authorities. Unfortunately, you didn't specify your region. Therefore, we cannot quote your regional norm. For clarification, you need to contact the local administration.

WHAT TO DO?
So, in any case, you are not obliged to endure all the atrocities under your windows. The presence of a shop near the house does not affect this in any way. So you can safely call the police on duty. Of course, next time can get together already new company. But after several night calls to the police, the local youth will understand that it is impossible to make noise in your yard with impunity. As for smoking, of course, waiting for the police until the smoker has put out the cigarette is quite difficult. But in the fight against smoking near the house, a district police officer can help you. Submit a statement describing the fact of constant offenses, ask to take action against smoking neighbors. Perhaps a conversation with the district police officer will be enough for the next time the neighbor walks away with a cigarette from the entrance.

We draw your attention to the fact that this decision could be challenged in a higher court and canceled

MOSCOW REGIONAL COURT

Judicial Collegium for Civil Cases of the Moscow Regional Court
consisting of: presiding Guseva E.V.,
judges Kirshchina I.P., Burtseva L.N.,
with secretary B.,
having considered at the meeting on January 24, 2012, the cassation complaint of the Municipal Unitary Enterprise "Single Customer Service" against the decision of the Klimovsky City Court of the Moscow Region dated November 16, 2011 in the case of K.'s claim against the Municipal Unitary Enterprise "Single Customer Service" about the dismantling of the bench and the ballot box,
Having heard the report of Judge E.V. Guseva,
explanations of the representative of MUP "SEZ" - D., K.,

installed: