To take and cut down a tree. But is it that simple??
A common life situation: the owner of a land plot (who has the legally registered right of ownership to that land plot) has decided to clear it of the trees growing on it. This site is not connected with any encumbrances, there are no arrests, the subject of pledges, etc.п. the plot is not. The site does not belong in the category of residential, park, protected (water conservation, etc.) areas.), reserved and other similar zones. The land is intended for individual housing construction, there is a residential house on it and, perhaps, other constructions permitted by law. The trees on the site do not belong to the category of relict, especially valuable species.
Whether, under such circumstances, the owner of the plot (alone or using the services of outsiders) can eliminate all or part of the trees growing on it? Roughly speaking, does he have the right, as the owner of the site and everything on it, to cut down these trees?
For a dilettante in modern Russian “law” (i.e.ч. for the average desk jurist) this question may seem trivial and even ridiculous. Well, what, they say, for that and the owner of the site to dispose of it and all that is on it, at its discretion, if it does not contradict the law, in particular the interests of third parties. Lawyers-scientists (having degrees of higher juridical education or being authors of publications, dissertations testifying to a high level of their theoretical qualification), especially those far from practice, may start to argue scientifically about how it SHOULD be in this case.
However, not everything is so simple. The starting point of reasoning in order to answer this question is the fact that in Russia, the RUSSIAN LAW. And it, this “right”, is quite special and, in some places, even original. True, notorious “originality” looks good only as long as it does not hurt someone personally. And the one who will be affected by this originality in practice, has, in 99.9% of cases, a completely different opinion. The theory. it is one. And here’s what the practice, including judicial practice, suggests, generally speaking. other. But let’s try to get to the bottom of it.
The need to cut trees may arise for a variety of reasons. For example, a tree has grown in front of the window of a dwelling house on the property. While it was small, the owner didn’t pay attention to it. In its shade children played, birds sat on the branches, it smelled of coolness. But the years have flown by. And trees, just like children, grow up fast. Before you know it, your child has just learned to say “Mama,” just learned to go potty And now he has finished school and will just wait a little while before he goes to potty-train someone just like him and teaches him to say the sweet word “Mummy”.
So do trees. It seems that not so long ago there was a tiny trunk, with shoots just barely making their way through the soil. It seems that not so long ago it was only a meter and a half at most. And suddenly, there it is, standing there already, huge, mighty, half a meter in diameter and more. It would be all right, but the shade it used to create is starting to get in the way now. And now the leaves falling down from the top, or its branches touching the roof of the house, or a broken branch (and even a branch), rushing down, crushing everything in its path: the roof of the house, the fence, flowerbeds. Well, if we’re lucky and no one is around at the moment. Though there are times when you are not so lucky. But let’s not dwell on that.
Or the owner of the land intended to make an addition to the house, or decided to make, say, a soccer field, well, you never know what else. In any case, no matter how sorry we feel for the tree, we have to cut it down. Again, we are not going to discuss how difficult this work is technically. For whoever has done it at least once, does not need any Комментарии и мнения владельцев. Well, those who are used to life to engage in idle chatter, still do not understand (well, that, they say, there’s so hard. you think. call the crew and they will remove the tree). So we will not discuss the technical points either. For there is perhaps a more important one: the legal aspect, namely the conflict of competence arising in the demolition of such a tree.
So what can the average lawyer say here?? Do not bother, they say, Art. 209 of the Civil Code to your aid. It says in this article: Article 209. property rights 1. An owner owns the rights to own, use, and dispose of his or her property. 2. The owner shall have the right at his own discretion to perform with respect to the property belonging to him any actions, not contradicting the law and other legal acts and not violating the rights and legally protected interests of other persons 3. Ownership, use and disposal of land and other natural resources, to the extent permitted by law (article 129), shall be carried out by the owner freely, if it does not harm the environment and does not violate rights and lawful interests of other persons.
Т.е. The meaning of this article is obvious: the owner of a land plot may use his land, as well as natural resources at his discretion if and only if it is not against the law and interests of other persons.
By virtue of #3 of the LC. the Forest Code of the Russian Federation. 2 Art. T 261 of the Civil Code, unless otherwise established by law, the right of ownership of a land plot applies to the surface (soil) layer and water bodies within the boundaries of the plot, to the plants growing on it.
But the law consists not only of the Civil Code. There’s a lot of other codes, federal laws. And then there are the regional, local normative legal acts.
For example, there’s the Forestry Code. And here’s what it says:
Article 16. Forest felling 1. felling of forest stands (trees, bushes, lianas in forests) are the processes of their felling, cutting, pruning. 2. Unless otherwise specified in the present Code, felling is allowed for the purpose of harvesting timber: 3. The procedure of realization of timber felling is determined by the regulations on timber procurement, forest sanitary safety rules, forest fire safety rules, forest management regulations.
According to Art. 3 of the LC, the Forest Code regulates forest relations. Article. 5 The LC is called “The concept of forest”: it is an ecological system and a natural resource. Let’s not dwell on the fact that this article in no way reveals the essence of the concept of the “forest. In fact, let’s say a lake is also an ecological system and a natural resource. However, many of those who live in. such “nuances” of the law are familiar. When, as it seems, there is a legal norm, but it discloses ABSOLUTELY nothing. This is because it was thought up hastily, through lack of thinking. Or, on the contrary, specifically so that there would be more court sessions, debates and interpretations (including misinterpretations).
According to the preamble of the Forest Code, forest relations are regulated taking into consideration forest concepts as an aggregate of forest vegetation, land, fauna, and other components of the environment, which have important ecological, economic, and social significance. Obviously, this is not a legal, but a biological view of the forest. over, this totality is regulated not only by the forest law, but by other branches of law as well.
Pursuant to Art. The article 6 of the LC states that forests can be located on the lands of the forest fund and lands of other categories. According to Art. 7 of the Land Code (LC), there are, in particular, forest lands, lands of agricultural purpose, and lands of settlements. This means that the article allows the possibility of finding forests on residential land plots, which are part of settlements.
According to Art. 8 of the LC, the ownership of forest areas within lands of other categories is determined in accordance with the land laws, in particular, on the basis of Art. 15 of the Land Code “Ownership of Land of Citizens and Legal Entities. Thus, the forest growing on a residential area is a private property and belongs to the owner of the area.
According to Art. 6 of the LC, forests are used in accordance with the designated use of the land plot on which they are situated. Consequently, the use of forest (trees) located on the HFL land plot shall be in accordance with the intended use of this land plot, i.e. the forest is to be managed in accordance with the Forest Code.е. for INDIVIDUAL HOUSING BUILDING. Can a tree growing on such a plot, for example, be used for building a detached house?? Judging by the letter of Article 12 of the Land Code of Ukraine. 6 LC, it would seem, can be.
But, let’s go further. Art. 7 of the LC defines what a forest plot is. A forest land plot shall have an area, borders and a registry number. Is such a plot of land, the borders of which are defined according to clause 12.1 of article “Land plot” of the Federal Law “On land plots” of XVI century. 67, 69 and 92 LC A reasonable question: may the forest land be situated on the land of the housing and communal service??
In turn, Art. 67 Forestry Code establishes general provisions for forest management, which is carried out on lands of the forest fund as well as on the lands indicated in part 3 of article 23 of the LC However, article 6 of the LC does not contain the grounds for forest management. 23 there is no proviso about the land intended for housing and residential development. In this connection, it mentions only the lands of settlements in which urban forests are located. However, according to Art. 8 LC. Art. 15 of the Land Code trees growing on a residential area are not considered as an urban forest (moreover if such an area is located outside the city, since a suburban forest is not an urban forest). Consequently, forest inventory on lands suitable for residential construction is not regulated by the Forest Code.
The same applies to Art. 69 and 92 LC There are no any characteristics that allow to label trees on a residential area as belonging to the forest area.
So, the Forest Code does not contain any grounds to consider part of a piece of land with trees growing on it as a forest area. Since the HUI plot does not fall under “other land categories” (in accordance with Art. 8 of the LC. the forest ownership forms. Forest lands 6 of the LC ) and may not be partially or fully considered as a forest land. over, it is not a forest fund.
At the same time, according to Art. 6 LC, a forest may be located on lands of the housing estate.
In accordance with Art. 10 of the LC, forests located on lands of other categories may be classified as protective forests. Special features of use, protection, conservation, protection and regeneration of protective forests, exploitable forests and reserve forests are specified in HC Articles 102-109. Thus, the forest located on HFL land may be (only) referred to the protective forest. However, in Art. 102-109 LC there is no category of protective forests that would correspond to lands suitable for residential housing estate. Thus, there is a possibility to classify the forest growing on a piece of land as protective, but there is no specific category to which this forest could be assigned.
Do the land plot owners have the right to cut down a tree on the area of a garden plot??
Do the plot owners have the right to cut down the tree on the territory of the garden garden??
Answer by Lawyer Yury Volokhov:
Earlier, during the Forest Code of 1997, the answer to this question was as follows: if a birch tree was planted before you became an owner of the garden plot, you could not cut it down without permission. And if you yourself planted the birch (or it grew there naturally) after the transfer of the site into your ownership, then the birch is your property, and you shall have the right to possess, use and dispose of it at your discretion. Such rules were contained in Article 20 of the Forest Code of those days.
In 2006 a new edition of the Forest Code was adopted in which the aforementioned provisions were no longer contained. Therefore, one should rely on other norms of the law. Let’s refer, for example, to the Land Code (LC) Article 40 lists the rights of the owners to use their land plots.
Subject to clause 1 of this Article the owner of a land plot shall have the right to
1) to use in the prescribed manner for their own needs the commonly occurring minerals, fresh groundwater, as well as ponds, watered quarries on the land plot in accordance with the legislation of the Russian Federation;
2) erect residential, industrial, cultural, domestic and other buildings, structures and facilities in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of city planning regulations, construction, environmental, sanitary, hygienic, fire safety and other rules and regulations;
3) carry out in accordance with the permitted use of irrigation, drainage, cultural and other reclamation works, to build ponds and other water facilities in accordance with the environmental, construction, sanitary and other special requirements established by law;
4) Exercise other rights to use the land plot in accordance with the law. In accordance with section 2, article 40 of the Land Code, the owner of a land plot has the right of ownership over the sowing and planting of crops, agricultural products received and income received from their sale, except for cases where he transfers the land plot into lease, permanent (perpetual) use or lifetime inheritable possession or fixed-term gratuitous use.
As you can see, the scope of the land plot owner’s authority is quite broad.
A tall birch tree growing on the south side can shade crops. In general, gardeners are often forced to clear their plots of growing trees. Such work means clearing the land from shrubbery and woody vegetation, and is referred to as cultural and technical work (subparagraph 3 of paragraph 1 of Article 40 of the Land Code). Therefore, I believe you have the right to cut down or cut down a birch tree without requesting a permission from neither the board of your gardening association nor the local administration. Accordingly, the question of payment also disappears. You have the right to use the cut birch for your needs, for instance, to burn it for firewood.
how green spaces are protected?
In order to clarify the situation, let us consider the question of the legal regime of green spaces on the adjacent territory.
In accordance with the established court practice the owners of residential premises in an apartment house (hereinafter referred to as MFB), as a rule, shall maintain the land plot under the building, which is actually in their use, even if it has not been formed and registered in the cadastre. This obligation is implemented through the management of a MFB. for example, by a management company. Accordingly, it is obligated to maintain the territory adjacent to the property, including green plantings on it. If the plantings are outside the boundaries of the adjacent territory, the obligation to maintain them is the responsibility of the local administration.
Green spaces are protected. Unauthorized cutting of trees is forbidden.
Every municipality has rules for protection and maintenance of green areas. They are controlled by the local administration’s tree board, which checks and verifies whether the above rules have been violated.
In each municipality, the local authority adopts a regulation that regulates the procedure for issuing permits for felling trees, including in the adjacent territory of the apartment building. This document is called a logging ticket. To get it you should apply to the local administration. Administrative or criminal liability is incurred for destruction or damage of greenery to the extent of cessation of growth without a cutting ticket.
Since the removal of trees on the adjacent territory relates to the management of common property, the decision on cutting down shall be made by the apartment owners at a general meeting. And they. represented by a management company or an elected activist. are also responsible for obtaining a felling ticket and paying compensation to the budget.
In the situation in question, the damage to the green areas was caused by the installation of street lighting poles. That is why there is a question of observance of rules in the field of maintenance of protective zones of electric grid facilities and special conditions of use of land plots, located within the bounds of such zones.
How to check if it is legal to fell trees
Green spaces are cut down on the basis of a logging ticket. A logging ticket is issued by the Department of Natural Resources and Environmental Protection of Moscow in the following cases
- Sanitary cutting is carried out;
- restoration of the normal lighting conditions in residential and non-residential premises shaded by trees;
- The permit for realization of town-planning activity;
- Emergency situations and emergency response.
In some cases felling can be carried out without a logging ticket. Departmental permits may be required instead (for construction, reconstruction of capital construction facilities).
How felling work must be done?
Cutting of greenery must be carried out in accordance with the following requirements:
- In accordance with the dendroplan (scheme) and the inventory list, all trees and bushes to be cut down shall be marked with red paint, those to be replanted with yellow paint, and those to be preserved with white paint;
- the marking of trees and shrubs shall be carried out by the customers together with the cutters and replanting operations in accordance with the dendroplan and the counting list;
- no later than 10 days before the beginning of work related to the destruction and replanting of green spaces, information boards with a good overview should be installed at the site;
- The destruction, pruning and replanting of greenery are performed after notifying the environmental control division of the Department of Nature Management and Environmental Protection of Moscow for the corresponding administrative district no later than 5 working days before the beginning of the work;
- Felling, crosscutting, loading and removal of felled trees and logging residues shall be performed as they are felled;
- the cuttings must be removed and disposed of;
- after the work has been performed, the logging ticket must be closed.
How to check if it is legal to cut down trees?
To find out if a felling ticket has been issued and if the felling of green spaces is legal, please contact the
- Call the Moscow City Hall telephone information service: 7 (495) 777-77-77;
- to the Department of Natural Resources and Environmental Protection of Moscow via the electronic reception desk.
To find out if trees are felled during construction on a privately owned land plot or a land plot granted for construction and (or) reconstruction of capital construction objects, please contact us:
What is the threat of illegal cutting?
Administrative and criminal liability is stipulated for illegal cutting, damaging trees and bushes or their digging, purchase, storage, transportation or sale of illegally cut timber.
Laws that regulate felling
Felling trees is regulated by land law. This is a set of laws which describe all the actions that can (or cannot) be taken with respect to land resources in our country. Illegal cutting is classified not only as an administrative offense, but also as a criminal.
Land Code (LC), par. 2, ч. 2, Art. 40 states that the owner of a land plot has the right to cut down unwanted trees that were planted (or are spontaneously growing). The same provision is fixed in the Civil Code (Ch. 17, clause. 261).
If there is a dispute between neighbors and it is not clear on whose property the tree to be cut down is located, it is worthwhile to make the following steps. If this has not already been done before. Then the law would establish exactly who owns the disputed land and who has the right to cut the tree down.
Forestry legislation (Forest Code (FC), Art. 16) envisages a number of exceptions in which trees cannot be cut down even on dacha (gardening) land (read how to formalize a site under dacha amnesty in the article ). This provision is valid if the land is not under the jurisdiction of a settlement, but under the forest fund. Article 6 of the LC states that forests can be located not only on the lands of the Forest Fund, but also on the lands of other categories.
Therefore, the felling of trees on one’s own property is not so unambiguous. Visit the administration of the municipality (village council, city council, etc.) before carrying out the felling. д.), under whose patronage a particular land parcel is located, and to consult on the issue, since a clearance may have to be obtained.
Which party must remove a tree that stands on the boundary in a home garden (or a horticultural non-commercial partnership). the board of the home garden or the plot owners
There is an almost dried up oak tree standing on the border between two plots in the SNT. The owner of one of the plots asks the board of directors of HOA to remove the tree, but the board of directors insists that the owners of neighboring plots must remove (cut down) the tree at their own expense.
Trees Standing on the Boundary Line shall be removed at Whose expense
Proceeding from the analysis of the current legislation we can draw a conclusion that cutting down a tree located on the common property line shall be performed by the plot owners themselves (at their expense), i.e.к. This is the duty of owners of neighbouring plots.
Pursuant to clause 1 of article 209 of Civil Code, the owner has the right to possess, use and dispose of his property.
According to Art. The owner may demand elimination of any infringement of his right, even if such infringement is not connected with deprivation of ownership.
On the basis of clause. 2 Art. 261 Civil Code, unless otherwise provided by law, ownership of a land plot applies to the surface (soil) layer and water bodies within the boundaries of the plot, and to the plants located thereon.
According to clause 5.1 of the article. 40 of the Land Code, the owners have the right to use their land plots.
For example, in accordance with paragraph 1 of Art. The owner of a land plot has the right under Art. 40 of the Land Code:
1) to use in the prescribed manner for their own needs the commonly occurring minerals, fresh groundwater, as well as ponds, watered quarries available on the land plot in accordance with the legislation of the Russian Federation;
2) Build residential, industrial, cultural, household and other buildings and constructions in accordance with the designation of the land plot and its permitted use in accordance with the requirements of town-planning regulations, construction, ecological, sanitary, fire safety and other rules and norms;
3) to carry out in accordance with permitted use irrigation, drainage, cultural-technical and other reclamation works, to build ponds and other water objects in accordance with established by legislation environmental, construction, sanitary-hygienic and other special requirements;
4) Exercise other statutory rights to use the land. And according to Clause 2, Article 40 of the Land Code, the owner of a land plot has the title to crops and plantings, agricultural products received and income from their sale, except for cases where he leases, gives the land plot for permanent (perpetual) use or lifetime inheritable possession or fixed-term gratuitous use.
In accordance with part. 5. 6 Art. 14 Federal Law of 15.04.1998 N 66-FZ On Gardening, Vegetable Gardening and Dacha Non-Profit Associations of Citizens Membership Fees can be used solely for expenses related to:
1) with m common use property of the partnership, including the payment of rent payments for this property;
2) Settlements with organizations supplying heat, electricity, water, gas and water disposal on the basis of agreements concluded with these organizations;
3) Settlements with the operator for solid municipal waste management, the regional operator for solid municipal waste management on the basis of agreements concluded by the partnership with these organizations;
(4) The improvement of common use land parcels;
The boundary between two plots of land owned by other persons is not a common use plot.
Clause 6.7 SP 53.13330.2011 Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures specifies that the minimum distance to the border of the neighboring plot for sanitary and living conditions should be from:
The question of when it is necessary to cut down a tree is quite common, and here are some of the main reasons for such a need:
Where land plots are divided by a fence or a boundary, the owners shall use them jointly. Trees and shrubs growing on the boundary of land plots and their fruits belong in equal shares to the neighbor-owners. If bushes and trees growing on the border prevent any of the land plots from being used for their intended purpose, each of the owners may demand that they be removed and the expenses incurred in this regard shall be paid by each owner in equal shares.
Consultation given in November 2018. As part of the 2018 Lawyer-Professional Republican Competition.
How to get a permit to cut down trees
A logging ticket and/or permit for replanting of trees and shrubs, issued by the environmental department of the administration of the urban district or rayon. The application form should be submitted personally or via application to MFC according to the rules fixed by the local legislation.
The basic package must include the following documents, confirming the ownership of the land.
This can be an extract from the Unified State Register of Real Estate, or other documents.
Also included in the package is a statement in which the site owner describes the coordinates and purpose of the site, as well as the basic parameters of the tree, that is:
In addition, the application must include agreement to pay for the tree survey and an environmental fee.
After that, an expert will go on site to assess the condition of the tree and the degree of threat posed by the tree. If the plant is not classified as valuable or especially valuable, or in cases where its age, and thus thickness, has not reached a certain value, the applicant will receive a notice instead of a permit that no permit is required to remove the tree.
This applies most often to fruit varieties, especially hybrid varieties, as well as trees that are less than 30-50 years old.
If a tree suddenly turns out to be valuable, a specialist assesses the degree of threat posed by the tree and the amount of expenses required to restore the green fund.
This requirement is based on the Federal Law of 10.01.2002 N 7-FZ “On environmental protection”, but each region and large city, and often in small communities, has its own procedure for calculating such fees, taking into account local factors.
After you make sure the information on your application is correct, and the tree is a nuisance or a threat, the tree expert passes on the application and his or her report to a special committee at the city or state government. After the committee approves the application, the applicant receives a permit that lists the coordinates and address of the property and the location of the tree in relation to other trees.
If several trees growing next to each other are to be cut, it is necessary to get a felling permit in addition to the permit, but it’s possible that even one tree may need a felling permit.
After all, these issues are regulated by laws that are issued by the local self-government body.
After getting a permit it is necessary to find a company or a private entrepreneur who can do this work and sign a contract with them for services. After that, they have to pay for the tree removal services and the legally required fees, and submit all documents, including approvals, to the Department of Natural Resources Management. Often, the companies and businessmen who remove trees obtain permission and a felling ticket themselves for a small fee.
Laws regulating felling
Tree cutting is regulated by Land Laws. It is a set of laws spelling out all the actions that may (or may not) be taken with respect to our country’s land resources. Illegal cutting is classified not only as an administrative offense, but also as a criminal offense.
The Land Code (LC), item ‘What is permitted to harvest in the forest? 2, ч. 2, Art. 40 states that the owner of a land plot has the right to cut down unwanted planted (or spontaneously growing) trees. The same provision is written in the Civil Code (Ch. Fines for a gardeners: if one can cut trees, burn leaves and collect firewood. 261).
If there is a dispute between neighbors, in which it is not clear on whose territory grows the tree to be cut down, it is worth to make. if it hasn’t been already done before. Then the law will clarify who owns the disputed land and who has the right to cut the tree down.
Forestry legislation (Forest Code (FC), Art. 16) provides a number of exceptions in which you can not cut down trees, even on the dacha (horticultural) plot (how to issue a site under the dacha amnesty read the article ). This rule is valid if the land is not under the jurisdiction of a settlement but under the forest fund. Article 6 of the Forest Code says that forests can be found not only on lands of the Forest Fund, but also on lands of other categories.
Therefore, cutting trees on one’s own plot is not so unambiguous. Before you can do the felling, you need to visit your local municipal government (village council, city council, etc.). д.), under whose auspices a specific land plot is situated, and to consult on the matter, as a permit for felling may have to be obtained.
Penalties for the dacha owner: is it allowed to cut trees, burn leaves and collect firewood?
Legislation is constantly changing, and neighbors are confused by old prejudices and frightened by innovations. Sometimes ignorance turns into fines for owners of country houses because, as it is known, it does not exempt from responsibility. We have compiled a list of the most pressing questions, forwarded them to the experts, and put together a guide.
What is permitted to be gathered in the forest as firewood?
So far, the rules are not precisely spelled out, and it becomes a point of contention. In particular, the categories of “dead wood” and “dead wood” are not regulated; also it’s allowed to use hand tools for cutting wood for one’s own needs, but the Ministry of Natural Resources and Environment still does not list in full what kind of tools these categories are.
The issue is regulated by Articles 32 and 33 of the Forest Code, but is often supplemented by regional regulations. such as a ban on the use of tools and transport or an obligation to report in advance about the date of deadwood collection in the forest.
The Forest Code allows to collect deadwood for private purposes. Conventionally, it refers to trees, branches and limbs that have fallen as a result of natural phenomena. things that have broken, died on their own and have no signs of life.
Previously it was allowed to take home deadwood up to 4 cm in thickness, but now this rule has been abolished.
If there are obviously trees, logs or even branches cut down or cut by man in front of you in the woods, you can’t take them, they have an owner. the state. so your action is classified as a crime:
We Cut Down 100 TREES to Build a Road to Civilization! (Scrap Mechanic Co-op Survival Ep.9)
The fine for illegal felling for private individuals is 3-4 thousand rubles. rubles. If the damage to the forest exceeds 150 thousand rubles. If it is not enough to clean the roads, the offender faces up to seven years in jail (Article 260 of the Criminal Code).
Stumps may be picked up, but pits made by pulling them out should be necessarily covered with earth. birch bark may be taken without restrictions only from dried logs. It is allowed to pick birch bark from living trees only half the height of the tree and only in spring and summer.
Is it possible to park in front of your lot?
Recently, the media reported on the residents of Zaborye in Ryazan Oblast. They have small plots. not enough space for parking, so the cars are parked in front of their gates (on the grass or in the snowdrift. it depends on the season). Unexpectedly, the local authorities surprised the villagers with the news that they risked getting up to 5 thousand rubles for parking in an open fire place. rubles fine for violation of the law on landscaping: parked cars interfere with snowplows (which, however, does not appear in Zaborye). Even the local tractor driver, who was voluntarily cleaning the neighboring roads all winter, and a pensioner who does not even have a car. just a rusty truck cabin abandoned under her fence for the last 30 years got under the scolding.
The issue with fines for parking on the lawn is regulated by the so-called Registry of green spaces, which is under the regional jurisdiction of the capital authorities. In the regions many passages between land plots allocated for residential housing technically belong to the authorities. Even areas adjacent to a dirt road near a fence can be listed in the Register of Green Areas. that’s why you risk getting a fine if you leave your car next to your property.
It sounds absurd, but the formal basis for a fine under the regional CAO exists. The problem is that the authorities have the right to include any plots into this registry, it doesn’t matter if the grass is growing there now or used to grow.
To find out if it is allowed to park, in fact, it is impossible. But if you receive a fine for parking your vehicle on a landscaped (even with stunted grass) lot next to your private house, try to assert your rights. Fines for wrong parking on lawns, especially fixed with the “Moscow Assistant” app, are actively examined in courts and the decisions in favor of car owners are more often made.
As for the Moscow region, Article 56 of the regional law 91/2014 “On Improvement in the Moscow region” prohibits parking everywhere, except for special areas equipped to accommodate cars. But if the area belongs to a cooperative or cottage community, they have the right to set their own rules for parking on their territory.
And article 209 of Civil code “property rights” allows doing whatever you want with your property. it means it’s necessary to understand who owns the disputed territory: if administration (and there is a sign prohibiting parking on the property), the auto owner is wrong; but if the property is registered as private property, there should be no claims or fines. The upshot is simple: look for the owner.
Where and how to cook kebabs?
The rules for handling open fires and braziers (officially called fireproof receptacles) on countryside plots are spelled out in Government Decree No. 479 of September 16, 2020 “On Approval of the Fire Safety Rules in the Russian Federation”.
Is it legal to burn leaves and dry grass on the property?
A retired dacha owner in the Moscow region used the old-fashioned method of burning dry leaves left over from the fall. “Even 20 years ago I bought a barrel for this business. I use it to burn grass and leaves, and other garbage. it’s hard to bring it to the trash cans, and it’s kind of hard to dump organic waste in the forest. Recently, a neighbor came running to me and demanded to put out the fire immediately: allegedly now flying drones and on any smoke call the EMERCOM How to be now?”
In general, it is legal to burn leaves, but there are certain rules, chief among them is to use a metal container for burning (other non-combustible materials are also allowed) so that the flames don’t have a chance to run wild.
All the rules are listed in the same Government Resolution 479, and below we will list the most important ones:
Is it permissible to cut down a dangerous tree on the property or just outside the fence?
A Vladivostok resident got in trouble after he cut down an oak tree on his property without a felling certificate.
“I dared to cut down an oak tree on my property, without drawing up a “Permit to demolish greenery” (to draw up a fairly expensive and long, you need a whole package of documents, including topographic survey of the entire area, it is tied everything. down to the raspberry bushes, a plot of 20 acres of work is big and the price tag is appropriate). came up when dismantling the woody debris. Some kind person has been vigilant. The chainsaw has been confiscated. He went to the department, gave an explanation that he decided to cut down the tree, because it was in an emergency condition;. The precinct officer will draw up a report, as I understand it, under Article 8.28. CAO “Illegal cutting, damaging forest plantations or unauthorized digging of trees, bushes, lianas in forests”.
This issue is regulated by a whole list of legislative regulations: The Forest and Land Codes, the Federal Law “On Environmental Protection”-FZ, the Ministry of Natural Resources Order 74 on logging. There is no unequivocal prohibition on cutting a tree on one’s own plot. But if it is a valuable species (oak, beech, ash, cedar, linden, hornbeam, elm, black alder, seed chestnut), it is better to get a felling ticket.
Trees that have already fallen can be felled without difficulty (if only roots that are still clinging to the ground need cutting), and trees of low value (such as aspen trees, or orchard apples and pears).
But if the tree threatens safety, you need to cut it down, but first be sure to prepare photographs or video evidence that the tree really was a danger. If time is short, it’s better to get a logging ticket in advance. in most cases it’s free of charge.
In practice they often refuse, but in case of an accident, a written denial will help you quickly find the person responsible and demand compensation.
If the tree is already a security risk, and there is no time to get a felling ticket, call the Ministry of Emergency Situations. similarly, if the dangerous tree is behind the fence, but close to the site.
The question about cutting a tree on one’s own plot is regulated by Clause 3 of Article 261 and Clause 3 of Article 209 of the Civil Code (the Land Code is not a help in this case). They say that the owner can possess, use, and dispose of their property only as long as it is not harmful to the environment. It turns out, the owner must decide whether or not to cut the tree, assessing whether it is damaging to the environment. Article 16 of the federal law “About environmental protection” says that any negative environmental impact requires compensation (including a fine).
And one more thing: according to Article 6 of the Forest Code, forests are sometimes located on agricultural and other lands. This means that the trees on the plot can be part of the forest. that’s why it’s illegal to cut them down without a permit. So if you cut down a birch tree on your property you risk getting fined.
To avoid confusion about the status of the land, the easiest way to find out whether it is permissible to cut down a tree is to ask the local government agency in charge of environmental protection. This is either the management company or the management board and the chairman of the garden (vegetable garden) non-commercial partnership.
Liability for illegal cutting is stipulated by article 260 of the Criminal Code “Illegal cutting of forest plantations.
Is it allowed to build greenhouses on the land??
No Nonsense Guide to Tree Felling. How to cut down a tree safely. FarmCraft101
Of course. All doubts about greenhouses are about taxation. If your greenhouse is a permanent structure (the main distinguishing feature is the presence of a foundation and an area of more than 50 sq.m., the main criterion for the protection of your health), it is best suited to be used as a recreational vehicle. If a person has a small greenhouse, he has to register it with the Rosreestr and pay taxes every year.
This practice has been used since 1992, but out of habit the dacha owners paid only for residential houses. Only in 2016 amendments were adopted, officially equating all buildings to the objects of taxation on a par with residential houses, so that since then. everything is by the letter of the law.
Is it allowed to take the cutted lawn, leaves and excess fruits to the forest?
In this case, it all depends on the scale and regularity. If you constantly remove such waste, sooner or later a heap will form, which will risk violating the rules of sanitary safety (Article 8).31 CAO ). Penalties for this violation for citizens range from 500.
Besides, such activities violate the fire safety rules (Art. 8 of the Law of the Russian Federation on Fire Safety).32 CAO ). Leaves and grasses turn into excellent fuel when dry: a spark and the forest goes up in flames. For this violation can be punished with a fine from 1000 roubles. rubles.
For help in preparing this article we would like to thank lawyer Anna Zimina; lawyer Alexey Pivovarov; the Department of Supervision and Prevention of Emergency Situations of the Moscow Region’s Main Department; the Federal Tax Service; coordinator of the Blue Buckets motorists’ rights protection movement Yuliya Kablinova; member of the State Duma, deputy leader of the Liberal Democratic Party of Russia Yaroslav Nilov.