What document regulates the installation of benches at the entrances? The claim regarding the obligation to dismantle the bench was rightfully satisfied, since the possibility of installing benches directly at the entrances of residential buildings is not provided for by the current legislation
Hello! What document regulates the installation of benches at the entrances: the number and distance? Do you need benches at the entrances, if in most cases they are used by marginalized individuals: they drink alcohol, smoke, talk loudly, using mostly profanity?
Answer: Ilya Dilman, Head of the Department of Housing and Communal Services, Transport and Communications of the Administration of Zarechny
In accordance with Article 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own the land plot on which the this house, with elements of gardening and improvement and other objects intended for maintenance, operation and improvement of this house. The owners of premises in an apartment building independently dispose of the common property.
Based on the foregoing, the issue of installing or dismantling benches, without violating the current legislation, can be resolved at a general meeting of the owners of the premises of that apartment building, on the land plot of which it is planned to carry out these works. The agenda of the meeting should include the issue of the consent of the owners to carry out and finance these works. The meeting must be held in accordance with the requirements of Art. 44 - 48 of the Housing Code of the Russian Federation. Decisions are taken by a majority vote of at least 2/3 of the total number votes of the owners of premises in an apartment building. meeting minutes with decisions taken You can send it to your managing organization or to another organization of your choice to perform work.
For advice on the procedure for holding a general meeting of owners of residential premises, you can contact the Municipal Unitary Enterprise ZhSKKH (6, Zelenaya St., office No. 212) or call 60-34-48.
In addition, I inform you that in case of violation of public order, you need to contact the Ministry of Internal Affairs of Russia for ZATO Zarechny, Penza Region.
STATED REQUIREMENTS
TO EXTERNAL IMPROVEMENT OF THE TERRITORY
IN PART OF ACCOMMODATION AND (OR) SERVICE
BENCHES (SMALL ARCHITECTURAL FORMS)
(SPECIFIC PROVISIONS OF THE TECHNICAL
NORMATIVE LEGAL ACTS
ABOUT BENCHES FOR USE
WHEN PREPARING TEXTS OF APPEALS)
BENCH - SMALL ARCHITECTURAL FORM
Benches are a small architectural form and are designed for external landscaping of courtyards and entrances to residential buildings, territories of social and cultural institutions, places of mass recreation, accommodation at bus stops and on pedestrian routes (sidewalks, alleys, boulevards, pedestrian streets and squares).
COMMON PLACES FOR THEIR PLACEMENT
1) Adjoining territories of multi-apartment residential buildings (at entrances to entrances, near children's and sports grounds or near green spaces).
2) Places of mass recreation of the population and places of mass congestion of citizens (officially approved and permitted), parks of culture and recreation, squares.
3) Sidewalks and pedestrian zones along the main streets, entrances to the buildings of enterprises, organizations and institutions, regardless of their form of ownership.
4) Territories of recreational areas of cities and towns, including beaches and adjacent water areas (rivers, lakes, bays or ponds).
5) Stopping points of public passenger route transport, open parking lots and parking areas, specially designated smoking areas.
1. Sanitary norms, rules
and hygiene standards
"HYGIENE REQUIREMENTS FOR THE DEVICE,
EQUIPMENT AND MAINTENANCE OF RESIDENTIAL BUILDINGS»
(Approved by the Decree of the Ministry of Health
Republic of Belarus dated August 25, 2009 No. 95.
Effective September 16, 2009.)
3. Real Sanitary regulations obligatory for observance by state bodies, other organizations, individuals including individual entrepreneurs.
9. At the entrance to residential buildings, rubbish bins, benches, and grates for cleaning shoes should be installed.
10. On the territory adjacent to a residential building (a group of residential buildings): children's playgrounds, playgrounds for sports, household activities, benches for rest are installed; pruning, replanting (if necessary) of trees and shrubs should be carried out annually.
33. Organization carrying out operation housing stock, is obliged to periodically check the sanitary and technical condition of the structures and elements of residential buildings and promptly eliminate the identified malfunctions.
2. Technical Code of Good Practice -
TCP 45-1.04-206-2010 (02250)
"REPAIR, RECONSTRUCTION AND RESTORATION
RESIDENTIAL AND PUBLIC BUILDINGS AND STRUCTURES.
Basic design requirements»
(Approved and put into effect by the Order of the Ministry
architecture and construction of the Republic of Belarus
dated July 15, 2010 No. 267. Introduction date - January 1, 2011.)
List of main types of work,
performed at current repair buildings and structures
A16 The main types of work for external improvement:
4) arrangement and repair of benches installed in the adjoining territories.
3. LIST OF WORKS
FOR MAINTENANCE
AND FREQUENCY OF THEIR IMPLEMENTATION
(Appendix to the Decree
Ministry of Housing and Communal Services
Republic of Belarus dated May 20, 2013 No. 12)
3.3 The main types of work for external improvement:
3.3.1 check technical condition external landscaping and landscaping general checkups- 2 times per year;
3.3.2 inspection of equipment for children's and sports grounds - once a month (from April to October);
3.3.3. elimination of minor malfunctions of equipment for children's and sports grounds - as necessary.
4. STANDARD AGREEMENT
FOR MAINTENANCE SERVICES
APARTMENT RESIDENTIAL BUILDING, EXPORT AND
NEUTRALIZATION OF SOLID HOUSEHOLD WASTE
AND USE OF THE ELEVATOR
(Approved by the Decree of the Council of Ministers
Republic of Belarus dated January 27, 2009 No. 99)
2. The contractor is obliged:
2.9. carry out repairs of the improved pavement of driveways, walkways, maintenance of green spaces, as well as repair of children's gaming equipment and other small architectural forms within the boundaries of the service area.
5. Technical Code of Practice -
TCP 45-3.01-116-2008 (02250)
"URBAN DEVELOPMENT.
SETTLEMENTS.
Norms of planning and development»
and construction of the Republic of Belarus dated November 28, 2008 No. 439.
Implementation date is July 1, 2009.)
6.2 Residential development
6.2.7 The minimum distances from the windows of residential buildings should be taken to the sites, m, for: physical education (depending on noise characteristics - at least 10; household purposes (same) - 20; dog walking (same) - 40 ...
Distances from garbage collection sites to sports grounds, playgrounds for children's games and recreation for adults, as well as to the borders of children's preschool institutions, medical institutions and catering establishments should be taken at least 20 m, and from sites for economic purposes to the most remote entrance to a residential building - no more than 50 m.
6. Technical Code of Practice -
TCP 45-3.03-227-2010 (02250)
STREETS OF SETTLEMENTS.
Building design standards"
(Approved and put into effect by the Order of the Ministry of Architecture
and construction of the Republic of Belarus dated December 17, 2010 No. 485.
Date of introduction - July 1, 2011.)
5.4 Pavements, pedestrian streets and paths
5.4.1 The width of the pedestrian part of the sidewalk does not include areas for kiosks, benches, small architectural forms, lighting poles, etc.
5.4.9 Along the footpaths, in crowded places, equipped recreation areas should be provided. On walking paths adapted for the movement of physically weakened groups of the population, after 150 m, rest areas equipped with benches should be provided, and after 300 m - benches with canopies.
7. Technical Code of Practice -
TCP 45-3.03-19-2006 (02250)
"CAR ROADS.
Design standards»
(Approved and put into effect by the Order of the Ministry of Architecture
and construction of the Republic of Belarus dated January 26, 2006 No. 19.
Implementation date is July 1, 2006.)
10.1 Bus stops
10.1.1 Bus stops must be equipped with stopping and boarding areas with benches and rubbish bins, as well as pavilions or sheds for passengers with information about the name of the stop and with a device for placing the bus schedule.
8. RULES
MAINTENANCE AND IMPROVEMENTS
SETTLEMENTS
Republic of Belarus dated November 28, 2012 No. 1087)
5. Improvement and maintenance (operation) of the territory are carried out in accordance with the requirements of regulatory legal acts, including technical regulatory legal acts, in order to bring the territory into a condition suitable for the operation of buildings, structures, engineering and transport communications, the creation favorable conditions the life of the population, the formation of an ecologically and fireproof, aesthetically expressive habitat and include:
5.1. construction in accordance with the approved in due course design documentation and content (operation):
fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, trash cans, etc.).
9. RULES
IMPROVEMENTS AND MAINTENANCE
CITIES OF MINSK
(Approved by the decision of the Minsk city
Council of Deputies dated December 13, 2000 No. 139.
REVOID IN 2013.)
4. Landscaping and maintenance land plot and adjacent areas include:
installation, repair and annual refreshing painting of fences, fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, trash cans, and so on).
RULES
IMPROVEMENTS AND MAINTENANCE
CITIES OF MINSK
(Approved by the Decision of the Minsk City
Council of Deputies dated November 13, 2013 No. 366.
CURRENTLY ACTIVE.)
4. Landscaping and maintenance (operation) of the territory are carried out in accordance with the requirements of regulatory legal acts, including technical regulatory legal acts, in order to bring the territory into a condition suitable for the operation of buildings, structures, engineering and transport communications, and create favorable conditions for the life of the population , the formation of an ecologically and fireproof, aesthetically expressive living environment and include:
4.1. construction in accordance with the duly approved project documentation and maintenance (operation):
fences, turnstiles, small architectural forms (fountains, gazebos, equipment for sports and playgrounds, benches, bins and other similar objects).
10. RULES
USE OF RESIDENTIAL PREMISES,
MAINTENANCE OF RESIDENTIAL AND AUXILIARY PREMISES
(Approved by the Decree of the Council of Ministers
Republic of Belarus dated May 21, 2013 No. 399)
11. common property must be kept in accordance with the requirements of the law in a condition that ensures:
11.2. safety for the life and health of citizens, the safety of property;
11.6. maintaining the architectural appearance of an apartment building in accordance with the requirements of project documentation.
13. Organizations are required to comply with the following requirements:
13.3. carry out technical inspections of a residential building and residential premises, landscaping facilities, adjoining territory in the manner prescribed by technical regulatory legal acts.
Prepared by Andrey AKSENOV, ND.
[email protected]
Part 4 of Article 45 of the Housing Code of the Russian Federation and subsequent ones prescribes to you "The owner, on whose initiative an extraordinary general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this house about such a meeting no later than ten days before the date of its holding. On the specified term, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this building by registered mail, unless a decision of the general meeting of owners of premises in this building provides for another way to send this message in writing, or handed over to each owner of premises in this house against signature or located in the premises of this house, determined by such a decision and available to all owners of premises in this house.
The notice of holding a general meeting of owners of premises in an apartment building must contain: 1) information about the person on whose initiative this meeting is convened; 2) the form of holding this meeting (meeting or absentee voting); 3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee voting, the deadline for accepting decisions of the owners on the issues put to the vote, and the place or address where such decisions should be submitted; 4) the agenda of this meeting; 5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found. Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote are taken by a majority vote of the total number of votes of the owners of premises in an apartment building participating in this meeting. Decisions made by the general meeting of owners of premises in an apartment building, as well as the voting results, are brought to the attention of the owners of premises in this house by the owner, on whose initiative such a meeting was convened, by posting an appropriate notice about this in the premises of this house, determined by the decision of the general meeting of owners of premises in this house and available to all owners of premises in this house, no later than ten days from the date of these decisions. Minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to a vote are stored at the place or at the address determined by the decision of this meeting. If during the general meeting of owners of premises in an apartment building through the joint presence of the owners of premises in this building to discuss agenda items and make decisions on issues put to a vote, such a general meeting did not have the quorum specified in part 3 of article 45 of the Housing Code of the Russian Federation , in the future, decisions of the general meeting of owners of premises in an apartment building with the same agenda can be adopted by absentee voting (transfer to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building, written decisions of the owners on matters put to the vote). Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered to be the owners of premises in this house, whose decisions were received before the deadline for their acceptance. In the decision of the owner on the issues put to the vote, the following must be indicated: 1) information about the person participating in the vote; 2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building; 3) decisions on each item on the agenda, expressed as "for", "against" or "abstained". And take this decision to the housing office of the district.
During the landscaping of the courtyard area, an outdoor bench was placed for rest by the window of our apartment on the 1st floor of the building. During the day, smokers replace each other, it is impossible to open the window; in the evening and until two o'clock in the morning youth noise, din, mat. I applied to the management company with a request to move or move this bench to another place, but my request was ignored. What to do? Maybe go to court?
As far as I understand, the bench is on the territory of the adjoining area of your apartment building. In this case, the issue of its transfer should be decided not in court, but at a general meeting of owners.
At this meeting, you need to specifically determine where the bench will stand under the windows or in the back of the yard. Try to convince the neighbors in advance of the need to move it, tell about all the problems that you experience daily, so that at the meeting the indifference of the residents would not be a surprise for you. If a decision is made to move the bench, you can contact the management company to have it moved to a new location.
At least 2/3 of the votes of all those present must be collected in your support. I draw your attention: it is the votes of the owners, and not the residents of your house, that are taken into account. The number of votes of each owner is proportional to the area of his apartment.
- § Art. 46 of the Housing Code of the Russian Federation
Without minutes of the general meeting Management Company cannot carry the bench, because such a transfer would be unauthorized.
By and large, your problem lies not in the bench itself, but in the behavior of people who make noise or smoke under the windows of the house.
Meanwhile, smoking on the territory of the apartment building is prohibited. The only exception is if at the general meeting the owners chose a special smoking area on the territory of the adjacent plot. But I don't think that this zone was defined directly next to the windows. It is possible that this decision was not made at all.
- § Art. 12 of the Federal Law of February 23, 2013 No. 15FZ “On protecting the health of citizens from exposure ...”
Drinking alcohol in the yards apartment buildings also prohibited by law.
- § P. 3 Art. 16 of the Federal Law of November 22, 1995, J No. 171FZ “On State Regulation of Production and ...”
Noise at night under the windows of a high-rise building, even without drinking alcohol and smoking, is also illegal. But this ban is set by regional authorities. Unfortunately, you didn't specify your region. Therefore, we cannot quote your regional norm. For clarification, you need to contact the local administration.
WHAT TO DO?
So, in any case, you are not obliged to endure all the atrocities under your windows. The presence of a shop near the house does not affect this in any way. So you can safely call the police on duty. Of course, next time can get together already new company. But after several night calls to the police, the local youth will understand that it is impossible to make noise in your yard with impunity. As for smoking, of course, waiting for the police until the smoker has put out the cigarette is quite difficult. But in the fight against smoking near the house, a district police officer can help you. Submit a statement describing the fact of constant offenses, ask to take action against smoker neighbors. Perhaps a conversation with the district police officer will be enough for the next time the neighbor walks away with a cigarette from the entrance.
In an apartment building
1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.
2. In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.
3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held.
4. The owner, other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house about such a meeting no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this house by registered mail, unless a decision of the general meeting of owners of premises in this house provides for another way to send this message in writing, or handed over to each owner of the premises. in this house against signature or placed in the premises of this house, determined by such a decision and available to all owners of premises in this house.
(as amended by Federal Law No. 176-FZ of June 29, 2015)
(see text in previous edition)
5. The notice of holding a general meeting of owners of premises in an apartment building must contain:
1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (in-person, absentee or in-person voting);
(Clause 2 as amended by Federal Law No. 176-FZ of June 29, 2015)
(see text in previous edition)
3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee voting, the deadline for accepting decisions of the owners on the issues put to the vote, and the place or address where such decisions should be submitted;
4) the agenda of this meeting;
5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.
6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the application for holding a general meeting of owners of premises in an apartment building, issues to be included in the agenda of the meeting should be formulated. At the request of the owners, the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than less than ten days before the date of the general meeting, notify each owner of the premises in this house of the holding of this general meeting in the prescribed manner, and also issue Required documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of premises in this house in the manner prescribed by paragraph 3 of Article 46 of this Code.
(part 6 introduced federal law dated 06/29/2015 N 176-FZ)
7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the managing organization that manages the data apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.
