Agricultural land for gardening. Construction standards on the land plot snt
Knowledge of building codes and regulations will help those who are going to build the house of their dreams. After all, you need to plan the site so that everything is not only convenient and beautiful, but also safe. And for this, you should study all the necessary documentation and bring your plans in due compliance with its requirements.
Before building anything on a summer cottage, you need to carefully consider the location of everything that, in accordance with your plans, should fit in this area. However, we suggest that you start not even with drawing a site plan, but with a thorough documentary preparation for construction.
Roadside check
First of all, we will make sure that the documents fixing the ownership of the land plot are properly drawn up. Remember that the membership card garden partnership is not a title document: you must have a contract of sale or donation (if the land is wholly owned by you), a lease, permanent use or inheritable possession (if you only use the land, but do not fully own it). Let's make a reservation right away - we will focus exclusively on houses in SNT (horticultural non-profit partnerships), so we will not talk about registering the erected building. However, we recall: if you are going to build a full-fledged country house, it must be written in the certificate of ownership (or lease agreement) that this land plot is allocated for personal subsidiary plots or individual housing construction.
Then you need to check if there are any special rules regarding development in your area. You need to know that for SNTs occupying an area of more than 50 hectares, a master plan concept is being created that precedes the development of planning and development projects for their territories. This means that for each site there is an approximate construction plan (location of the house and outbuildings, fence height, preferred building materials). In this case, you will have to follow the rules that are prescribed by the master plan. There is another scenario. If your site is not located on the territory of a large SNT or does not belong to an SNT at all, there may be other restrictions associated with the choice of a construction project. For example, it may well turn out that the height of your not yet erected dwelling will be determined not by you, but by a power line passing nearby, or the location of the house on the site will be dictated to you by groundwater.
To minimize possible difficulties and unnecessary costs, you can conduct a topographic survey at a scale of 1: 500 and geodetic studies (drilling at two to four points on the site of the future home), which will help you choose the foundation that is best for your soil. The cost of topographic survey is about 1 thousand rubles. per hundred square meters, drilling - from 15 thousand rubles. for one point. What else can be done? Clarify whether it is possible to bring electricity, water and gas to your site (if they are not connected in advance), how much it will cost and how long it will take. It’s a good idea to ask neighbors who have already built houses for themselves whether they have a septic tank, how often sewers come and how household waste is organized.
Neither the chairman nor the board of the SNT can independently oblige you to rebuild the site in the way “as is customary in the partnership”, since building codes and rules are the same for everyone and do not depend on the traditions of the gardening association (unless, of course, these requirements are dictated by a single master plan)
Finally, you can purchase a house project. The Town Planning Code of the Russian Federation says that when building a house up to three floors high, the project is not required, however, if you want to subsequently translate your country house in the category of houses for permanent residence, you will need a project. Its cost starts from 10 thousand rubles. (typical or design project). A working draft (with traced nodes and utilities) will cost significantly more - from 100 thousand rubles. The project will help you in drawing up estimates for the construction. In addition, the charter of some SNTs includes a requirement for a construction project, and even some mandatory conditions from the SP (Code of Design and Construction Rules) 11-106-97 or SNiP 30-02-97 can be entered.
Ideal camaraderie
SNiP 30-02-97 provides for requirements not only for each site, but also for the territory of the partnership as a whole. This is how the "correct" SNT should be arranged: fencing must be organized along the border of the partnership; the distance from the building to the forests on the territory of the horticultural association must be at least 15 m; the entrance to the SNT, consisting of 50 sections, should be one. If there are more plots, one or more entrances should be provided. At the same time, the width of the gate cannot be less than 4.5 m, and the gates - less than 1 m; at the entrance to the territory of the common use of the partnership, there must be a gatehouse, the composition of the premises of which and their areas are established by the charter; the width of streets and driveways (red lines on the plan) should be at least 9 and 7 m, respectively, and the minimum turning radius should be 6.5 m. roadway. The distance between the passing platforms, as well as between them and the intersections should be no more than 200 m; a fire-fighting pond (or tanks) with a capacity of at least 25 m 3 is required (if there are no more than 300 sites). At the same time, a site should be arranged for the installation of fire equipment with the ability to take water with pumps and an entrance for at least two fire trucks should be organized; gas cylinders should be stored in a special area; it is possible to place public buildings (for example, a gazebo for collecting the board of SNT) at a distance of at least 4 m from the boundaries of garden plots; for non-recyclable household waste (glass, metal, polyethylene) on the territory of common use, sites for garbage containers located no closer than 20 m from the boundaries of garden plots should be provided.
Huge plans
Now that all documents have been checked, planning can begin. General rules, according to which the site should be planned, are fixed in SNiP 30-02-97. Unlike the provisions of SP 11-106-97 (it concerns design rules and is rather advisory in nature, especially if some of its provisions are not included in the SNT charter), the requirements of SNiP are mandatory for all owners of land with an area of 6 acres or more.
The first thing you need to pay attention to when drawing up a site plan is the fence. As a rule, plots are fenced off: mesh or lattice fences 1.5 m high are erected between neighboring lands. It is also possible to install a blank fence from the side of the street or driveway if the general meeting of SNT members agrees with such a decision. However, you can fence yourself off with a higher and less "transparent" fence from your neighbor - the main thing is that he does not mind. After the fence is set, decide on the location of other necessary objects. To correctly place them, you need to choose landmarks. They will be buildings on the neighbors' plots and the fence itself. If the neighbors are also still at the planning stage, the situation is simplified - it is much easier to agree on all issues at the preliminary stage than to look for options for transferring finished, already built buildings and structures later.
If you are building a country house with an area of more than 500 m 2, you need to get an architectural and planning assignment from the architecture department of your region. And if the housing area is smaller, you will have to coordinate its design plan and placement of outbuildings with the chief architect of the district
So, about the "binding" of the house. From the border of the site from the side of the street (red line on the SNT plan) to the house must be at least 5 m, from the borders of the passage and the neighboring plot - at least 3 m. The distance from outbuildings to the red lines of streets and driveways - at least 5 m. Now "tie" your objects to the fence with the neighboring site. From the border of the adjacent plot to the building for keeping small livestock and poultry should be at least 4 m, to other buildings - 1 m (at the same time, the roof slope of such a building must be oriented to your site), 4 m should be left to the trunks of tall trees, medium-sized - 2 m, to shrubs - 1 m.
It is necessary to "tie" buildings on your site to neighboring ones in accordance with the requirements of fire safety standards. It is for this reason that SNiPs provide for minimum distances between buildings in adjacent areas, depending on the material of these structures. Using the table here, you can calculate the minimum fire distances between neighboring residential buildings and groups of other buildings on the plots.
So, for example, the distance between your stone house and the neighbor's wooden dwelling should be at least 10 m, and between the wooden baths (yours and your neighbor's) - at least 15 m.
The next stage of planning is associated with the placement of structures on the site relative to each other. The minimum distances between buildings, dictated by sanitary requirements, are as follows: from the residential building and the cellar to the restroom should be at least 12 m; from home to shower, bath (sauna) - 8 m; from the well to the latrine and compost device - 8 m. Please note that these distances must be observed both within the same site and between buildings in neighboring territories. A separate requirement of SNiPs concerns paths: for a plot of 0.06-0.12 hectares, their area should not exceed 25-30% of its area.
Minimum fire distances between neighboring residential buildings When choosing a project, you need to know that a basement or cellar can be arranged under the house (this cannot be done under buildings for small livestock and poultry). The height of residential premises from floor to ceiling is not less than 2.2 m. In utility rooms, including the basement, the ceiling height may be lower, but not less than 2 m; cellar height - at least 1.6 m to the bottom of protruding structures (beams, girders). It is also necessary to pay attention to the requirements for engineering equipment. Here are some of the more common ones: rainwater runoff from rooftops should not be carried out to an adjacent plot; liquefied gas cylinders with a capacity of more than 12 liters should be located in an annex made of non-combustible material or in a metal box near a blind section of the outer wall no closer than 5 m from the entrance to the building; in the kitchen (inside the house) can only be used gas cylinder capacity up to 12 l; store LPG cylinders garden plot unacceptable; power supply networks on the territory of SNT, as a rule, are carried out by air, however, only individual wiring can be located above the site; in a residential building, a device (sealed) must be installed to account for the consumed electricity.
Finally, we note the requirement of SNiPs for the degree of insolation of residential buildings. This complex term means that from March 22 to September 22, the sun should illuminate the rooms of your house for at least 2.5 hours every day, or 3 hours with breaks.
If the rules are broken
We will tell you what to do for those who are faced with a situation where the building rules were violated by a neighbor (for example, built a fence above the norm, placed a composting device too close to the fence separating your plots, etc.).
First of all, it is necessary to fix the violation - the chairman or the board of the SNT, who will draw up the appropriate act, will help with this. The act should record which particular SNiPs are not observed. It is advisable to supplement this document with an appropriate image (for example, a photograph of a fence with a tape measure attached to it or a plan of the site, which shows that when placing the building, the neighbor does not observe the required distance from the fence separating the plots). In some cases, violations of SNiPs do not even need to be reported - they can be detected during a mandatory inspection of the sites by a commission consisting of officials SNT and inspector, for example, how to take readings from electric meters. In any case, the violation must be documented, and the perpetrator must be offered to correct the mistake and set a time limit for resolving a potentially conflict situation.
If the violation is not eliminated within the set time, the chairman of the SNT issues a warning. Formally, it does not threaten the guilty owner in any way, unless a provision is made in the charter of the SNT according to which a fine can be imposed in case of violation of SNiPs.
When representatives of the fire or architectural supervision conduct an inspection (such events take place in all SNTs regularly), the unfortunate builder will not only be fined, but also obliged to bring his site in line with SNiPs. This will take both time and money.
If there has not been an inspection yet, and the neighbor's fence (hozblok, bathhouse) complicates your summer cottage life, you need to go to court. When filing a claim, remember that you will be contesting the violation by your neighbors of the right of ownership to the site (Article 304 of the Civil Code), and not SNiPs. Only an authorized person (for example, a representative of architectural supervision) can fix the fact of violation of SNiPs. Thus, if you decide to go to court, you must prepare a claim for non-obstruction (in civil law It's called a "negotiable lawsuit"). There is no statute of limitations for such a claim. Therefore, you will be able to challenge the legality of the construction by your neighbors of a building that is interfering with you, even if you bought your site a long time after it was built.
The general measurement rule is as follows: the distance between the house and the border of the neighboring plot is determined from its base or, if the latter is not available, from the wall. But if the elements of the building (bay window, porch, porch, roof overhang) protrude by 50 cm or more, the distance is measured from these protrusions or their projection onto the ground
When determining the amount of the damage caused, it should be taken into account that compensations for the violated property right and for the damage caused as a result of this violation may be considered in different claims.
In order for your claim to be considered, you must: submit along with the claim a copy of the certificate of ownership of the land in respect of which your interests are infringed; the infringement of your rights to use the site must be real. So, exceeding the normative height of the fence by 2 cm cannot be the subject of a claim; the actions of the neighbors must be illegal (that is, violate the existing SNiPs, the SNT development plan, the general plan); there should not be an agreement between you and the violating neighbor on a controversial issue (for example, you and your neighbor agreed that you would build an opaque fence 2 m high between the plots, and then realized that it covers your garden from the sun). At the same time, you need to know that the plaintiff is not required to prove the absence of such an agreement. Therefore, before bringing a conflict with a neighbor to court, check if the previous owners of the site had any agreements on controversial issues; provide documented evidence of the violated right (a photograph with a measuring tape, a plan with measurements, testimonies of witnesses, the conclusion of an environmental impact assessment).
If you believe that the decisions of the board or chairman of the SNT infringe on your rights, you can seek protection from the police, the prosecutor's office or the court.
So, to summarize: construction on a summer cottage should be planned in advance, taking into account SNiPs. Compliance with the latter is in many ways not only a guarantee of trouble-free coexistence with neighbors, but also a guarantee of your safe and comfortable life in the country.
Settle in your own country house many people dream today. However, to achieve such a dream will have to work hard. It is necessary to prepare various documentation, purchase materials, find builders, choose a place. You can build buildings far from any place you like. About what lands you can build a house in the current 2017 (even without permission!), We will describe in detail below.
What land is allowed to build?
All land resources within the country have a different purpose and special legislative regulation. Land legislation provides for their division into several categories (Article 7 of the Land Code of the Russian Federation).
The articles of the Land Code provide a complete list and description of them:
- agricultural land;
- land settlements;
- lands of defense, industry and other special significance;
- lands of specially protected objects and territories;
- forest fund lands;
- water fund lands;
- reserve land.
Each of these categories has a special status, rules and restrictions for use. It is impossible to change the designation of land, the types of permissible use at will. According to the current laws, it is determined that building is allowed on the first two types of land. At the same time, the status of buildings allowed to be erected on them varies.
What and where can be built
Residential buildings with the ability to register in them without any problems are located only on land plots of settlements. They are allowed to be used for individual construction (IZHS) and personal subsidiary plots (LPS). With agricultural land, things are more complicated. When the land for private household plots is located outside the settlement, then it is considered field and cannot be built on it.
It is also not allowed to build a capital house or other similar structures on the lands allotted for gardening. On the lands received for peasant farms (peasant farms), can be built different kinds buildings, buildings and structures necessary for the implementation of this activity. On the garden plot, you can build houses without registering a residence permit (see below for details), as well as buildings of an economic (auxiliary) nature. It remains to find out what can be built on a summer cottage.
The legislator does not prohibit building a house on a summer cottage. It can be built both residential and without the ability to register your residence.
In addition, various auxiliary facilities for small farms are allowed for construction.
What is allowed to build in horticulture (SNT, SNP, SPK)
The answer to the urgent question, is it possible to build a house on a garden plot, has already been found. Now you should find out what nuances for this you need to consider. Land for gardening is allocated to people for recreation and cultivation of various agricultural plants.
The provisions of the law (“On gardening, gardening and dacha non-profit associations of citizens” dated April 15, 1998) allow the construction of a residential building on a garden plot.
This can be done with any form of the association itself (SNT, SNP or SEC). Both in horticultural non-profit partnerships (SNT), and in horticultural cooperatives (SPK) and partnerships (SNP), not only household, but also residential buildings can be used for gardening. According to the law, it is impossible to register (register residence) in such buildings. However, recently, thanks to the position of the Constitutional Court of the Russian Federation, this can be done through an appeal to the court. A house in gardening can be recognized as a permanent place of residence with all the ensuing consequences.
Norms for the construction of houses
The construction of a house in a garden partnership, other association or in summer cottages must meet certain requirements. Firstly, you will have to take into account the rules adopted in this garden (country) association. Secondly, it is necessary to comply with all norms and requirements of fire safety.
Depending on the materials of the buildings, the allowable distances between them may vary. For example, between stone, block houses, they should be at least six meters. If both buildings are made of wood, then more than fifteen meters, for funny buildings - at least ten. There are also requirements for the building density of plots - no more than thirty percent.
It is important to comply with the requirements for the distances between the buildings themselves. It is determined based on the type of building, and ranges from eight to twelve meters. A distance of at least three meters must be maintained from houses to the borders of adjacent plots. Depending on the purpose of the house (cottage or residential), there are various building requirements and standards. Residential buildings must have communications, rooms of a certain size. The height of the ceilings is also important (for cottages - 2.2 m, for residential buildings -2.5 m.).
Read more about this in another article.
Do I need to get permits
Usually, special permits are required for the construction of any permanent structures.
A big plus of building on country and garden lands is that there is no need to obtain permission to build a house in SNT, a country allotment. This greatly simplifies the life of home owners when putting them into operation, registering them in the real estate register. However, unfortunately, this order is valid only until March 1 of the next (2018) year. After this date, the so-called "dacha amnesty" will not apply.
Until that time, a building permit in SNT (SPK, SNP, at dachas) to put construction objects into operation, their registration is not required.
What are the dangers of non-compliance with the prescribed norms
All the requirements of the forestry, land, urban planning and other special laws must be observed on the lands provided for the conduct of horticulture and horticulture by citizens, dacha farming. For their violation, the type of liability established by the legislator is provided. So in case of violation of fire safety rules, the gardener will have to pay a fine (Article 20.4 of the Code of Administrative Offenses of the Russian Federation).
If a building is erected on a site that is not suitable for such purposes in accordance with the law, there are violations of the construction norms and rules that are mandatory for compliance, then it is considered unauthorized.
The use of unauthorized buildings is not allowed, they can be demolished by court order.
Output
When building any residential facility, there are many different nuances to consider. Before proceeding with the construction process, it is worth finding out on which lands you can build a house. It is equally important to get an idea about the norms and rules for the construction of houses in summer cottages and garden plots. This will help to avoid legal problems or resolve those that have already arisen.
One of the key issues that need to be addressed at the site planning stage is the distance between the fence and the closest building. At the same time, the task is simple only at first glance, since the location of buildings and the type of fence directly affect the interests of the owners of the neighboring plot. It is for this reason that it is necessary in design work to be guided not by abstract ideas about a sufficient indent from the border between land plots, but by the norms set forth in the relevant permits.
Construction standards for a summer cottage: building standards, sanitary standards for summer cottages
What kind of house can be built on a summer cottage or garden plot? The answer to this question is given by federal technical standards SNiP 30-02-97 and 31-02-2001, as well as the rules established by the developer or the board of the DNP. For example, many atmospheric villages, which are supposed to attract buyers with a club character, elitism, and a preference for a certain style in architecture, require, when selling a plot without a contract, that the buyer undertakes not to violate the architectural integrity of the village.
How to avoid construction problems in gardening
However, this is not always correct. How to avoid problems when building in gardening When you become the owner of the cherished suburban area, start its arrangement, you often perceive your land allotment as your unconditional territory and dispose of it as you see fit. However, this is not always correct, because in addition to your rights to land, there are also obligations, among which are the implementation of laws and compliance with the norms and rules of the hostel.
What buildings can be built on the land in the Horticultural non-profit partnership
HH 3. Category of land: Land of settlements 4. Purpose of land: For gardening 5. Area: 6 acres 1. What buildings can be built on the site and what documents determine this? - the maximum size of the house (area, number of floors) - setbacks from the boundaries of the site and other buildings - the purpose of the buildings (how and by whom these purposes are determined) 2. Is a building permit required? 3.
The second was put on by the record holder in court cases, at least three more trials are ongoing, and court decisions have already been made in a number of cases. Since 2012, the board has been working to familiarize the members of the SNT with the articles of the Charter, the internal regulations and the Code of Practice for the design and construction of a garden plot, with fire safety rules. Before building anything on a summer cottage, you need to carefully consider the location of everything that, in accordance with your plans, should fit in this territory and does not infringe on the rights of neighbors and does not violate the rules and regulations for the construction and arrangement of the land plot as a whole on the territory of SNT.
SNiPs - what you need to know is a must-know for the owner of the land prior to the construction of the house!
Where to start planning the site and building your new life? First of all, you need to make sure that the documents are executed correctly - they must be correctly drawn up and the Certificate of ownership of the land plot must be in your hands. Check the permitted type of land use - it should be agricultural land with a permitted type of use "for summer cottage construction" (or summer cottages) or land of settlements with RVI IZHS (individual housing construction) or KZHS (complex housing construction). When you have checked the availability and correctness of the documents, we begin planning.
Construction in summer cottages - basic requirements
You decide how to dispose of the land in this area. Areas intended for Agriculture. On such plots, the land can only be planted with agricultural crops, on such plots it is impossible to build capital buildings, it is allowed to build only outbuildings.
Personal household plot (LPH). On a plot of this type, it is allowed to build individual residential buildings with a height of no more than three floors, with a signed subscription, but there must be a household on this plot. Garden partnership. On plots of this type it is allowed to build houses of a seasonal temporary type, it is imperative to grow crops. Lands of the forest fund. It is forbidden to build individual buildings on these sites, only temporary buildings of a sports and recreational, sports and technical type. Minimum distances between houses
Distance to the border of the next section: From a residential building - 3m. From an agricultural building - 4 m From the trunks of tall plants (such as apple trees, pears) - 4 m From the trunks of medium plants (some varieties of apple trees, plum trees) - 2 m From shrubs - 1 m Note: the specific height of tall and medium plants plants in SNiP is not specified! Minimum distances between buildings Between adjacent areas, according to fire safety rules, a distance of at least 9m should be taken. From a residential building and a cellar to a restroom - 12 m. From a house to a shower, bath or sauna - 8 m. From a well to a compost pit or latrine - 8 m. should not obscure another area.
Before building anything on a summer cottage, you need to carefully consider the location of everything that, in accordance with your plans, should fit in this area. However, we suggest that you start not even with drawing a site plan, but with a thorough documentary preparation for construction. Checking on the roads First of all, let's make sure that the documents securing the ownership of the land plot are properly executed.
Construction standards at their summer cottage
Before starting construction on a summer cottage, it is necessary not only to prepare documents, but also to familiarize yourself with the standards. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right.
What you should know about building, sanitary and fire safety standards when building a summer cottage. All norms are regulated by SNiP 30-02-97 “Planning and development of territories of horticultural associations of citizens, buildings, and structures. Design standards” and SP 11-106-97 “Procedure for the development, approval, approval and composition of design and planning documentation for the development of territories of horticultural associations of citizens”. What can be built on a summer cottage?
How far apart should buildings be? These and other questions can be answered in the tables and graphs below. distance between houses. Fire distances between buildings of the same site are not standardized.
Rules for building a summer cottage
Before the construction of additional buildings and structures on the summer cottage, a development project should be prepared. The project of such a structure must be drawn up by specialists and fully comply with the rules and regulations that are given in the regulatory act SNiP 30-02-97. Basic rules Considering what requirements are imposed on the layout of the garden and summer cottage, keep in mind that it all depends on how the development plan is drawn up and what kind of premises the owner of the summer cottage wants to have available upon completion of construction.
When choosing a site for a summer residence, they are guided by its environmental friendliness, transport accessibility, infrastructure (availability of electricity, gas, sewerage, etc.). At the same time, one more point must be taken into account - the literacy of the development of neighboring plots.
This is important because the location of buildings that does not comply with the letter of the law can cause you inconvenience.
If the site is selected, you need to think through everything to the smallest detail.
Rules for the construction of a summer cottage
The norms for the construction of a private house or summer cottage are aimed at ensuring a comfortable and safe life. Like any documentation, SNiP is quite difficult to master, which is why this article appeared - we in simple terms we will try to convey what SNT (Garden Non-Commercial Partnership) is, what requirements are placed on a private house and a summer residence, as well as other important issues related to development in 2017. Compliance with all the rules of SNiP is mandatory if the owners of the house want to receive permanent registration.
Norms and rules for building a house on a summer cottage
First of all, you should make sure that the documents securing ownership of the existing land. designed in full compliance with all requirements. The membership book of a garden partnership does not belong to the category of title documents, so you will have to conclude a contract of sale or donation, inherited possession or permanent use, a lease agreement. It should be noted that here we mean real estate in SNT (horticultural non-profit partnerships), so questions regarding the registration of the erected structure will not be discussed now.
SNiP during construction on the ground of IZHS
Plots for individual housing construction should meet the needs of the future owner of the house and be located near: convenient roads; engineering communications; objects of urban and rural infrastructure. SNiP for the construction of a private house IZHS regulate the construction of a small or apartment building. The documents contain the rules for the location of the house from the borders of the neighboring plot, the red line. Separately, fire safety rules are established, which can be specified in local acts. Rules Rules are binding.