What to do if a neighbor builds a house that shades your lot

There are approximately 15 million summer cottages in Russia. This means that there are 15,000,000 tiny plots of land in the country that are physically fenced off and legally assigned to someone in the property, they grow potatoes, tomatoes, strawberries, apples and etc. And all this vegetation (and its owners too) needs the sun, without the sun there is no country life, nothing will grow in the beds. And the neighbor behind the fence took and, without asking, built a huge house of one and a half floors with an attic, which half of the day with its shadow covers the tender shoots of someone else's carrots and strawberries. This is a mess that needs to be dealt with. And what should you do if a neighbor built a house that shades your lot? And you can do a lot. Both legal and not very legal methods.

Legal basis of the situation

The legal procedure for the development of summer cottages is determined by the set of rules "Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures." There are prescribed the minimum distances from own buildings to the borders of neighboring plots, to the fences of a neighboring house

These values ​​are determined taking into account the sanitary conditions:

• the distance from the wall of a residential building to the neighboring fence, measured from the wall or basement of the building, must be at least 3 m;
• from a barn with small livestock and poultry - at least 4 m;
• from outbuildings - at least 1 m;
• tall trees should grow no closer than 4 m to the fence;
• medium-sized trees - no closer than 2 m;
• shrub - no closer than 1 m.

Distance measurements are taken from protruding building elements. The roof slope should not be oriented towards the neighbors, so as not to flood them with rainwater.

The layout of your own site must also comply with these rules. When determining the minimum allowed distance between buildings, the material from which the building is being built is also taken into account. The presence of wood to increase fire safety requires an increase in the spacing.

PHOTO: YouTube.com

The regulation of the distances between one's own and neighboring buildings is justified by purely life situations. The closely spaced windows of two different families create a certain discomfort in living. The runoff of rain and melt water from the roof to a neighbor's house worsens the conditions for its operation. The shade between the houses creates a damp area and worsens the growing conditions for cultivated plants.

PHOTO: pravo-doma.ru

Dispute Resolution

Land plots are classified by type of use permit. In accordance with the category assigned to the site, requirements for the location of buildings on it are also formed. If the owner of a particular plot is not satisfied with the neighbor's layout, then for him the only way to satisfy his claims is only in court. But before that you need to try to negotiate with your neighbor amicably.

The situation is easier to resolve if the dispute arose at the stage of the beginning of construction. The neighbor has not yet spent much and will make concessions easier. Especially if he didn't know the rules well. It is advisable at this stage to invite an expert and check all permits. In this case, it is quite possible to convince the neighbor to change the construction plans.

If it was not possible to agree, then you need to contact the district court at the location of the sites. In the event that the offended dacha owner can prove in court that the neighbor committed a violation with his layout laws that he does not have a full set of permits, then a neighbor may be obliged to demolish a conflict structure. Before the court, it is necessary to hand the conclusions of the examination to the neighbor against receipt. The court, taking into account the opinion of the competent examination, may take into account that the buildings on the neighboring plot sharply for the worse change the living conditions at the plaintiff's plot, and make a decision in his benefit. If a violation is revealed, a decree on the demolition of the building and a writ of execution will be issued.

There are different situations in life. Sometimes the size of the plot does not allow you to put a house, providing all the indents necessary according to the rules. And in this case, there are legal ways to carry out the construction.

If the site is extreme in a group of others, you need to try to cut an additional area to it, which will allow the construction to be carried out according to the standards. But for this it is necessary to obtain permits and consents from the municipal authorities and many other organizations.

Another option is to try to negotiate with neighbors and, in the presence of a cadastral engineer, carry out a new land survey.

If the building is designed as non-residential, then all intervals are reduced to one meter. True, it will not be possible to register in such a house.

Conclusion

The rules should be followed. Especially in those cases when they are created to ensure the safety of people and the convenience of their lives. The rules for planning summer cottages are as follows.