Examine thoroughly the regulatory framework the main documents which are: Land code, article No. 36, the main document - the Housing code of the Russian Federation, articles 36 to 44 of the Federal Law from 29.12.2004 "About introduction in action of the Housing code of the Russian Federation", article 16, as well as the Federal Law from 29.12.2004 "On the introduction of the town planning code of the Russian Federation", article 6. Swipe obschedomovoe meeting, which will be the second very important stage. The meeting must be voted. More than half positive votes of all homeowners plus trusted individuals is crucial, and the vote is considered to be at the same place. The Assembly should resolve all the nuances on the future design of the local area, choose the responsible person who will be issued for the property.
See how apartment owners in the land management organization. This body is in each subject of the Federation. Contact with a particular statement about the formation of the site. Make a decision. This is one of the most important points in the design work. Each region has its own peculiarities, there can be various nuances and problems that are better solved through legal aid. Main document Federal Law of 29.12.2004 "About introduction in action of the Housing code of the Russian Federation", article 16.
Get the right of ownership and register it in the prescribed manner. State registration is a registration in the Unified register of rights to immovable property. The application must be submitted with the application documents. What is the use of the local area? For example, moral. Tenants will be assured that their athletic or Playground will carry will not be build in immediate proximity to another building, and not cut down green plantings, will not occur next to other people's garages. Benefits can become commercial. By decision of the General meeting of the residents of the territory can be leased. In addition, the lease will be attics, roof and basements. To take advantage of, the surface of the building - pass area under is.
Advice 2 : How to determine the local area
With the need to define the boundaries of local area homeowners face quite often. It may be conflicts with the management company about what it needs to clean up this area or not. There are also frequent problems associated with sealing the building, when tenants of the existing houses, it seems that illegally infringe on their rights. In these cases, first of all clarify where it ends territory belonging to your home.
You will need
- - technical passport of a building;
- - building regulations;
- - plan of the land plot;
- - SNiP in force at the time of putting the house in operation;
- - data cadastral register.
Ask what kind of territory can be considered local. This is the territory required for the operation of the house. It is determined according to town-planning norms and rules. In any case, part of the curtilage of the apartment building consists of fire roads, playgrounds, Parking lots and garages if they are within the boundaries of the land belonging to the house.
If the house is new territory is determined at the stage of formation of the land plot under construction. In this case, the apartment owners will automatically become owners of and land, it becomes their common property automatically. Make sure that the developer did not violate the law during the construction.
Learn conducted a survey of your "old" area. Apartment owners automatically become co-owners and the local area, if prior to the entry into force of the new Housing Code has taken all the land surveying work In this case, the owners of residential or nonresidential space shall be land management, but local governments had to approve the plan boundaries. Find out also, whether held in relation to you are interested in land cadastre. Cadastral plan shall be issued to the hands, but a few years ago, the owners did not attach much importance, and in no hurry to take it.
If no land no work was carried out, to initiate their unable owners. Before you contact the architectural Committee or the Committee on management of municipal property, approximately calculate the size of the territory. Take as a basis the formula N=Sq*Upsd where N — regulatory area of local area, S — area of all rooms in your home, and Wpsd — proportion of land share. It is calculated per 1 sq m of housing. The specific figure depends on the number of storeys and year of construction of the house. Determine this figure. It is necessary to rely on the SNP, which operated at the time of construction of the house.
Check with the local town planning regulations, master plan and rules of land use and development. The idea is that the local area must form a local authority in accordance with these documents.
Plan apply the natural boundaries of the site and check the items required for the operation of your home. Mark also that are on the proposed local area included in the municipal property and is not subject to alienation. At one and the same area of the territories under the same homes their configuration may be different. The composition of the local area can be, for example, driveways that serve multiple houses.
Collect the General meeting of owners. Offer them your own version of the borders local area. They may have their own considerations. Once you make such a decision, contact the local authorities with a proposal to define the boundaries of the local area in your proposed version. It is possible that the agreement will have to make some changes.