Distance from the fence to trees and bushes: dealing with laws and building codes
It is impossible to live in society and be free from society, as V.I.Lenin wrote. Despite the fact that you are the full owner of a summer cottage, if there are neighbors, their interests must also be taken into account. For example, it is necessary to erect outbuildings and plant trees and shrubs in accordance with SNiP - Sanitary Norms and Rules of the Russian Federation.
Why is it necessary to plant plants on the site according to the laws of the Russian Federation
When purchasing a land plot or buying a house in a village with extensive holdings, the gardener tries to make the most of the usable area:
- plant trees and bushes,
- break flower beds,
- dig up the beds;
- equip a recreation area.
However, since almost always the site is not in an open field and not in the depths of the forest, there are neighbors around. It is necessary to take into account their interests - after all, good relations do not harm anyone, but, on the contrary, are beneficial.
It's nice to discuss the weather, seedlings, crops through the fence, ask for advice. Often neighbors share rare varieties of plants with each other, go to visit barbecues. Sometimes you can call a pensioner neighbor from the city who spends the whole summer at the dacha and ask to close the greenhouse and water the flowers in the flowerpots.
It's nice to chat with a neighbor in the country if you have a good relationship
Bad relations with neighbors can lead to constant conflict, and sometimes it comes to court. In such conditions, the dacha turns not into a place of rest, but into a source of problems.
Why follow the rules and regulations between trees / bushes and a fence when planting
Planting trees and shrubs too close to the fence will lead to many problems:
- quite often, power line poles are installed next to the fence, and tall trees reach the wires and, in a strong wind, can fall on them, which will deprive not only your house of light, but sometimes the entire village;
If a tree grows close to a fence, next to which there are power line poles, it will have to be cut down anyway
- growing, trees spread powerful roots far from the trunk, which can damage fences and even buildings;
- tall trees and bushes planted close to neighbors create shade, and if sun-loving plants are planted on the other side of the fence, they will wither;
- fruit trees planted close to the border of the site will drop apples, pears and plums to neighbors - they may like it, but you will be sorry for the lost harvest.
Is it possible to cut a neighbor's apple tree hanging over the fence: what sanctions await violators
If the neighbors' fruit tree branches hang on your site, you have every right to cut them in accordance with Article 304 of the Civil Code of the Russian Federation and Article 42 of the Land Code of the Russian Federation. However, it is better to act through the courts or through the administration of the gardening partnership, since the articles do not contain precise wording about this particular situation, in contrast, for example, from Article 105 of the Land Code of Ukraine.
At what distance to plant fruit and ornamental trees and shrubs from the fence between adjacent plots
According to clause 6.7 of SNiP 30-02-97, the distances between the plantings and the fence of the neighboring area should be:
- for tall trees - 4 m;
- for medium height - 2 m;
- for berry and ornamental shrubs - 1 m.
The distance from trees and buildings to the fence is determined by the norms of SNiP
How to determine which tree is considered tall and which is not? Unfortunately, federal legislation does not establish criteria for recognizing trees as tall or medium-sized. Here you will either have to negotiate with the neighbors, or, if this fails, go to court again.
Before making claims to neighbors about disturbing trees, study the relevant documents
From which part of the tree to measure
The SNiP does not say anything about this issue, specific figures are given only regarding buildings.
However, if we think logically, since the distance from the house is calculated depending on the size of the protruding elements, then the distance from the tree must be measured from the projection of its crown, because it protrudes quite strongly from the trunk, especially in older specimens. At that moment of the day, when the sun is strictly above the tree, it is necessary to outline the circle created by the shadow from the crown. This will be the border from which the distance is calculated according to SNiP.
Better to calculate the distance from the projection of the crown of trees
In order to work and relax in a dacha, you must comply with the laws of the country where you live and the simple norms of human society. After all, good neighbors are both helpers, advisers, and friends.
How far to plant trees from landscape and architecture objects?
Greening your site is no less important than building a house.
There are many things to consider when planting green plants.
Today we will consider at what distance to plant trees from various objects, as well as from each other, depending on the breed.
At first glance, this issue may seem insignificant and does not require attention, but it is not.
In the article, we will explain the importance of this point, and also tell you what the disregard for existing norms can result in.
Building codes in fencing planning
When installing a fence that separates the site from the street or a neighboring household, you cannot be guided solely by your wishes. It is possible to build a fence between adjacent areas only in accordance with certain requirements. The same applies to the distance between houses.
There are a number of documents that standardize how much distance should be to fences and fences. Chief among them is SNiP # 441, developed in 1972. The document indicates the maximum permissible height of the fence between neighbors - 1.5 m and the outdoor fence - 2.2 m. But the local administrative body can make its own adjustments regarding this value. This is due to architectural or other local requirements. Therefore, before the construction of fences, it is necessary to find out the parameters of the permissible height, first of all, from the local municipal authorities.
Requirements for the appearance and height of the fence can be put forward by the administration of the settlement
Fire regulations regulate the installation of a fence from the point of view of safety in the event of an open fire. With crowded buildings, in the immediate vicinity of large trees, a fire can spread very quickly.
Sanitary and household guidelines are intended to avoid contamination of air, soil and water, and the spread of unpleasant odors. This is very important when constructing cesspools, building sheds for keeping small livestock and poultry, dog enclosures. The SNiP indicates the minimum distance from the house to the neighbor's fence. The distance is measured from the base of the structure or its protruding part if its size exceeds 50 cm.
What should be a fence in a private house
In private households, the situation with fences is slightly different from dacha cooperatives.
- The height of the fence (both street and between sites) can reach 2.2 m.
- Your site may be separated from the neighboring by an opaque solid fence, but its height should not exceed 0.75 m.
- If the fence between you and your neighbor is thicker than 5 cm, then it should not pass exactly along the boundary, but along your territory, without taking away the land from the neighbors.
- You can install a blank fence between the sections without agreement, if it is made of translucent material.
- If your fence has a solid foundation, then you will have to make a drainage system to your site so that the territory of your neighbors does not flood.
- The material of your fence should not be dangerous to strangers. That is, you cannot use barbed wire, non-planed boards or sharp elements.
For sanitary and household requirements, a toilet is being built no less than 1 m from the neighboring site. At the same time, there should be no sources and wells with drinking water nearby: the toilet should be 12 or more meters away from them. The same distance should separate the toilet from the residential building. The toilet is located 8 m from the bath or shower.
If the toilet is located inside the house and a cesspool is provided, its location largely depends on the type of soil and the depth of the groundwater.
Rules for the location of the toilet on the site
To prevent sewage from entering the drinking water, a cesspool is built 20-50 m from the well and the well, the distance to the neighbor's fence should be 1-3 m.
Legalization of "unauthorized construction", costs
Now, while the dacha amnesty is in effect, capital construction objects in SNT can be issued with only two documents: a declaration for an object (filled in by the owner) and a technical plan (prepared by a cadastral engineer, and the cost can be calculated using an online calculator for land cadastral works). Therefore, it is more likely that buildings will be registered for you even if the indentation rules are violated. Rosreestr does not check such information (unless the neighbor "rolls" the corresponding complaint). But if capital construction projects will be formalized at the end of the dacha amnesty, you will be obliged to receive a notification from the local municipality on compliance with urban planning standards, and then difficulties will arise.
Of course, property rights to such a "squatter" can be achieved through the courts, but these are completely different time, monetary and moral costs.