How to fence your property without violating the law. Analysis

Since the beginning of June, the press has been talking about new requirements for fences on garden plots. In fact, federal legislation regarding the fencing of gardening and residential housing plots has not changed over the past two years, but at the municipal level, the requirements for fences may be revised. For more information, see the Izvestia article.

What was reported by the media

• In early summer, a number of media outlets reported on alleged new rules for installing fences on garden plots. It was reported that from June 9, fences between neighboring properties should not exceed 1.5 m in height, while they should be made of chain link or wooden picket fence, that is, the installation of a blind fence is prohibited. As an alternative, it is also proposed to plant a hedge, but no more than 1.8 m high.

• The news about the new rules was accompanied by the mention of fines for allegedly illegal fences. It was pointed out that if a neighbor opposes such a fence, he may demand that it be dismantled. If the owner of the site refuses to demolish, he will be fined from 1% to 1.5% of the cadastral value or from 5,000 to 10,000 rubles.

• However, this news turned out to be false. No regulations have been issued in recent years regulating the installation of fences on garden plots. It is possible that the new rules were adopted at the level of a gardening association, after which information about this spread in the information field. However, even in this case, the imposition of any fines could not be valid.

What rules apply?

• The procedure for installing fences on a garden plot and in private residential buildings is prescribed in the code of rules for the design and construction of joint venture 53.13330.2019, developed by the Ministry of Construction of the Russian Federation. They were last changed in 2023. Since the construction of the fence is not a major construction, it is not necessary to take a construction permit from the authorities.

• In accordance with the rules, it is recommended to install a 1.2–1.8 m high mesh fence around the perimeter of garden plots. It is allowed to install visually permeable fences of other types or the absence of fencing. Until 2023, it was possible to install another barrier by mutual written consent of the owners of neighboring plots and in consultation with the board of the garden association.

• Fences along the border of the gardening area are mentioned separately in the code of rules. A height of 1.5–2 m is provided for them, and the material can be selected taking into account local conditions. It is not necessary to put up a fence if there is a natural boundary in the form of a river or ravine, but a ditch, ditches and earthworks cannot be such a boundary.

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• Blind fences can only be installed on the sides of streets, driveways and exterior fences of the site, and decisions of the general meeting of the partnership's members, as required by the original rules of 2019, are no longer required. The law does not oblige the owner to install a fence, so you can not fence the territory at all or just make do with pegs around the perimeter of the site.

• According to lawyers, all the rules apply exclusively to horticultural associations and do not apply to plots for individual housing construction unless local authorities have established their own rules. Also, the restrictions do not apply to the external borders of horticulture and lands that are used for business activities. If the owner is still required to demolish an allegedly illegal fence, then you should first check the category of the site according to the EGRN and study local regulations.

Nuances of the territory

• Freedom in the choice of materials and colors for exterior fences depends on the policy of the municipality. In 2020, the law "On State Control (Supervision) and Municipal Control in the Russian Federation" was adopted, which allowed cities to develop and implement their design codes at the municipal level, which will concern the so-called housing in the private sector. The city administration determines the color palette and appearance of the facades, so fences facing city streets must meet municipal requirements for the material, height and color of the fences.

• Moscow, Yekaterinburg and Kazan were the first to develop the design code of territories. Nowadays, requirements for the appearance of buildings and architectural elements exist even in small towns. For example, in the Moscow region, wooden and mesh fences are allowed only on secondary streets, and it is forbidden to make fences from improvised means and remnants of furniture at all.

Neighborhood involvement

• Although there are no strict requirements for fences and their installation, it should still be borne in mind that fencing in most cases is the joint property of two neighbors. To install a fence along the border of the site, it is necessary to obtain the written consent of the owners of neighboring plots, to agree with them on the height and material of the fence. This will protect the owner from possible claims in the future. Also, together with the neighbors, it is necessary to decide who will own the fence, how the costs of its construction, maintenance and restoration will be distributed.

• If consent cannot be obtained, the owner can install a fence on his territory, retreating from the boundary of the site. But even in this case, at the request of neighbors, the court may require the fence to be demolished if it blocks the light and interferes with the free air circulation in the neighboring area.

During the preparation of the material, Izvestia interviewed:

• the trial lawyer Lyubava Trofimova.