Norms and rules for installing a fence between neighbors on a site

In Russia, land owners have the opinion that they can put fences wherever they want and what they want. This view is erroneous and can lead to litigation, which often ends in the dismantling of the structure. Disputes arise especially often over height and transparency. We will talk further about how to protect ourselves from the excesses associated with the construction of fences.

Fence on a plot between neighbors

Before you put the fence, take a few "steps" that will save you time, nerves and money in the future. Ask what category the land belongs to, whether the charter of the partnership regulates the rules in the construction of fences between neighbors in height and transparency. If not, then negotiate with them and conclude an agreement.

Land categories in Russian legislation

To understand what kind of fencing can be built, you need to have an idea of ​​the category of the land plot. Further actions of the owner depend on this.

Three main categories can be distinguished:

1. Plots in partnerships or partnerships (SNT, ONT, DNP).
2. Land for individual housing construction (IZHS).
3. Territories for subsidiary farming (LPH).

The construction of fences on these lands is regulated in different ways. For example, if we talk about summer cottages, garden or horticultural associations, then the provisions of the Charter of organizations are applicable here. The procedure for the construction of individual housing construction or private household plots on the land may, in general, not be regulated in any way or be spelled out in local regulations.

You need to decide on the category of land even in cases where there are no neighbors, or they are not against your plans to fence the site. The problem must be solved before the construction of the fence. There are many ways to do this, the easiest way is to contact the MFC or go to the website of the State Register of Real Estate and order an extract from the USRN. And you can also contact the cadastral chamber. Depending on the result, further actions will develop according to different scenarios.

Actions if the land is in SNT, ONT or DNP

If the site belongs to dacha partnerships, garden or horticultural partnerships, then there are provisions and laws that need to be followed. This is a significant plus for the owner: no need to rack your brains, just follow the rules.

The procedure in this case will be as follows:

1. Find the charter of the organization, study it (better together with a lawyer). The document will describe all the nuances of such structures, up to the location and maximum height.
2. Talk to neighbors and draw up a written agreement.
3. Wait for the general meeting of members of SNT, ONT, DNP or coordinate your actions with the board.
4. Check that the decision is documented.
5. Start construction without deviating from the original structure, height and location.

It is important to remember that the fence should not violate the boundaries of the sites. Sometimes a deviation of even 10–20 cm leads to quarrels and long-term enmity. To avoid this, it is better to order a land surveying procedure.

Guidelines for the installation of fences

The main document regulating the development of plots in TSN, which includes summer cottages since 2019, is SNiP 30-02-97.Until recently, clause 6.2 of these rules stated that the maximum height of fences should not exceed 1.5 m.However, since 2019, SNiP does not regulate this point. JV 53.13330.2011 is currently in force. This is SNiP 30-02-97 with changes, but the new sanitary rules for the height of the fence are not regulated.

The parameters of the fence are now determined by the charter of the organization that includes the land plot. In addition, you need to be guided by Article 10 of the Civil Code of the Russian Federation, which says that a citizen cannot exercise his rights to the detriment of the rights of others. In other words, you have the right to put it, but to deprive the neighbors' plot of sunlight - no.

It is for this reason that SNiP recommends using a mesh material (chain-link) for erecting fences between neighbors, and from the side of the street or driveways, you can put a blank fence, if this does not contradict the Charter of the partnership.

Installing a chain-link mesh is a win-win

What to do if the plot is for individual housing construction or private household plots

If the site is intended for ancillary farming or individual residential development, the recommendations of SNiP 30-02-97 do not apply to it. In this case, the norms depend on local conditions, including climatic ones, and are spelled out in the rules of land use and development. Therefore, you need to contact your local municipality with a request to provide the necessary information.

If such parameters of fences between neighbors in your municipality are not stipulated in any way, you can talk with neighbors and, with their consent, start construction. The main thing is not to violate the rights of others.

How to make an agreement with neighbors

It is not enough to agree with the neighbors about the fence in words, you also need to draw up a written one agreement or contract. It will have legal force and, in the event of a change in the owner or his plans, will be the main argument in your defense in court.

The agreement is drawn up in any form, but it must necessarily contain the following information:

1. Date and place of preparation of the document.
2. Passport data of the parties to the agreement.
3. Land cadastral numbers.
4. Subject of the agreement (erection of a fence along the boundaries of land use, fence material, height, presence of a foundation, etc.)
5. Information about at whose expense and by whom it is being built.
6. Details of the parties.
7. Signatures of the parties to the agreement.

The drawn up agreement can be referred to a notary for certification, but it is not necessary to do this without fail. The document is legally binding without notarization. The agreement is drawn up in two copies, one remains with the initiator of the construction, the other with the owner of the neighboring site. It is better to store it as long as it will stand.

With this agreement in hand, you can start building. The main thing is not to forget to carry out the surveying procedure, so as not to accidentally seize the neighboring land and not cause disputes.

Popular questions about fences between neighbors

Probably none of the issues causes such fierce controversy as the location, construction and demolition of fences. Let's analyze the most popular ones.

Is it possible to build a double fence

A double fence is called a fence, the logs and pillars of which are hidden by the main canvas on both sides - a picket fence, polycarbonate or corrugated board, and is considered solid. In this case, the neighbors build it along the border of the plots on the basis of agreements and a written agreement. The order of construction, the distribution of costs, the height of the fence are determined individually.

Double fence

Is it possible to put a blank fence if it is below 1.5 m

This point is also negotiated by neighbors. As a rule, one of them will be against: the shadow will not allow the use of the land to the full. In solving this issue, it is good to be guided by the recommendations of SNiP 30-02-97.

A polycarbonate fence, although it lets in light, is still not fully. And if a neighbor decides that he is darkening the site, he can sue.

Polycarbonate looks good as a fence

Who should put up the fence

The legislation does not oblige a certain owner to erect a fence along the border of the plot with another owner. Therefore, you will have to negotiate with your neighbor and conclude an agreement with him. If possible, it's best to give in and build it yourself. Having an enemy by your side is not the best choice.

If there is a dispute over who owns the fence between neighbors, it is logical to assume that the owner is the one who built it. But if it was built earlier and not by neighbors, then a site plan is needed. The owner will be the one on whose site it is built. And if it is built on the border of the plots, it will be common.

Is it possible to put a fence on the border

In the village, only the courtyard is often fenced off, while the vegetable gardens remain open from all sides. However, the laws do not prohibit the construction of a fence along the boundary and along the entire perimeter of the site. The only rule is that the building should not violate the rights of neighbors and urban planning norms.

Is it possible to make a fence if the neighbors disagree

The neighbor does not always agree to the construction of the fence. If it was not possible to agree with him peacefully, then it is better to refrain from construction. Another option is to put a fence made of a chain-link mesh with a height of no more than 1.5 m strictly along the border of the site. It will be difficult to challenge such construction even in court.

A solid fence on the site is installed only by agreement

Can the new owners challenge the fence erected before them?

If you built a blank fence along the border with a neighbor on the basis of a written agreement concluded with him, and then the nearby plot was sold, there is no need to fear the dissatisfaction of the new owner. Under Russian law, such fencing will be considered lawful due to established conditions. However, it is important to keep your copy of the agreement so that you have something to present to the court.

Let's sum up

On sites owned by TSN, installation rules, height and other parameters of the fence are regulated by the Charter of the organization. The previously used SNiP 30-02-97 can be guided, but the norms given in it are advisory in nature.

On the lands of individual housing construction and private household plots, the rules regarding fences between neighbors may be regulated by local regulations. If a house in a village or forest stands separately, then there are no restrictions on the height and transparency of the fence. It is imperative to draw up an agreement between neighbors, and build the fence itself strictly along the border of the site.