Can I cut down a tree under a window?
In such a case, you should immediately contact the local government or the Ministry of Emergency Situations. You can also call the power company and tell them about the problem.
Not only homeowners, but also tenants and occupants can make an appeal. If a tree growing on the property poses a serious threat to the electrical grid, then you should not try to cut it down or cut it yourself.
This is due to the prohibition to remove plants without a special permit and to certain features of cutting down trees near power lines. Before you begin the work, you must completely disconnect the power supply, which can only be done by representatives of certain organizations.
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The management company is obligated to take care of the trees on the property. If the tree is rotten or broken, the utilities are obliged to cut it down without reminding the residents.
According to the current sanitary rules, green spaces must grow at a distance:
If these rules are not respected, you should contact your building management company and ask them to bring the yard into line with the requirements of these rules.
Grounds for cutting the tree in the adjacent territory:
To cut down a tree on one of the abovementioned grounds, you need to write a statement to the managing organization. Within three days, according to Government Decree 54 On the provision of public services to owners and users of premises in apartment buildings and residential buildings, the management organization is obliged to give an answer. The application should either contain the date of cutting down the tree or contain the reason for refusal (the refusal can be justified by legal reasons).
The managing company can pay for cutting down such a tree in two ways:
In any case only the general meeting of apartment owners can choose the form of payment, the results of which must be drawn up a protocol with the signature of each owner.
Cases where it is illegal to demand payment for tree cutting or disposal services:
IF THE TREE IS GROWING ON MUNICIPAL PROPERTY
Landowners are responsible for trees that grow outside their yards. For example, if the tree grows along the sidewalk, on the grounds of a kindergarten or school, the municipality is responsible for it; on the grounds of a private home, the landowner.
If it is municipal land, i.e. the tree is located outside of the municipality’s property, but it endangers the health or property of any apartment owner, the local authorities must cover all costs. Where to complain.
The procedure for accepting applications to cut down trees that are in the way or have become unusable is regulated by resolutions passed by the local government body (local administration). Therefore, different cities and other localities may accept such applications in different places.
Grounds for cutting down a tree on municipal property:
List of places to complain:
Each municipality decides for itself what it considers a tree to be an emergency and how it should be cut down.
Procedure for a complaint to the administration:
The administration creates a commission to inspect the problem tree.
If a tree is considered an emergency (and the criteria, we remind, can be different in different municipalities, but usually when it is rotten, shrivelled, broken, broken) make the act.
The tree is cut down and the remains are removed.
The administration has 30 days for the whole process. During this time, officials are obliged to either take measures to cut down the tree, or give a written response (According to the Federal Law On the Procedure of Consideration of Applications of Citizens of the Russian Federation). All work is done at the expense of the municipality.
IMPORTANT! The administration will also deal with the owner of the private residence, in whose territory is growing a tree, but the branches hang over the fence and interfere with pedestrians.
WHY YOU SHOULD NOT CUT DOWN TREES YOURSELF
Felling or cutting down small trees yourself is a complicated and dangerous process that requires an agreement, special equipment and special skills. Even the slightest mistake can result in injury or property damage. The higher the tree, the harder it is to cut.
In addition to purely technical problems, there are also bureaucratic ones, because it is necessary to correctly issue all documents, then obtain permission for felling or cutting down. That is, to get a felling ticket from the administration.
Remember, illegal sawing is a criminal offense and punishable by a fine of up to 1 million or imprisonment for up to 4 years.
Personal experience: How to save a tree from being cut down under her window Lelya the cameraman came out of her house and saw that the housing and utilities workers were about to cut down the tree that was growing under her window. The Village learned how she fought with the workers and met with officials.
Every week dozens of trees are cut down in St. Petersburg courtyards. Residents, as a rule, are not interested in what is happening: “They saw and saw, so it’s necessary. Unless there is an old lady with a heightened sense of social responsibility who remembers that the tree has been growing for 40 years, produces oxygen, and generally makes the yard a little more attractive. However, it turns out that the plants are often cut down without permits, “for accountability,” or just because the active neighbor wanted to make a bed and wrote an angry letter to the housing and utilities.
In order to cut down any tree in the city, you need a special felling permit. It is written out in the Office of the Park and Garden Directorate for a specific place and a specific number of plants. If you cut down one tree, an organization or a private person must plant two replacement trees, this is called compensatory landscaping. But if the tree grows under power lines or interferes with the laying of pipes, it is impossible to defend it.
The Village talked to Lelya Nordik about how she was able to temporarily save the tree under her window and get the district officials involved in the case. We’ll keep an eye on developments.
For a few years now I’ve been renting an apartment in an old building not far from Finland Station, part of an architectural complex known as the “Nobel” or “Swedish Town”. In 1910-1913, it was built for the Swedish engineers of the Nobel factory. Major repairs have not yet had time to touch either the houses or the tiny yard area. The obvious pluses that influenced my decision to stay here, besides the “house with a history” status, were two things: the bathroom window and the big blooming tree right in front of the bedroom window. I couldn’t figure out what kind of tree it was; it looked like a cherry tree, but it had small berries. You can reach it with your hand while sitting on the windowsill, and it looks beautiful regardless of the season. It was always like that, until one day in the middle of the day I heard the sound of a chainsaw.
I was at home on a weekday by chance: I had an urgent job to finish. The workers were noisy in the yard, replacing gas pipes for weeks. Suddenly a loud noise made me look out of the window. I see two men standing on a hoist, sawing off a huge branch from my tree. I throw my iPad in my backpack for an emergency connection to the world, as I have Wi-Fi in the yard, grab my jacket, run out into the yard, run under the guys hanging in the sky with a chainsaw, and stick my back to the tree. A moment of silence. Uncles realize. “Stop sawing, on what grounds are you doing this?”
The younger one smiles and looks at me like I’m crazy. The others frown, they obviously weren’t expecting this. It’s Friday and everyone wants to finish work and go home. I am asked politely enough to leave, the foreman calls somewhere, saying that their work is being disrupted. At the same time, the workers threaten me with the police.
“We’re cutting the tree down because it’s dry,” the foreman says when he’s done with the phone call.
“It blooms every spring and bears fruit in the fall!”. I almost shout in response to such outrageous lies.
The neighbors don’t seem to care that a tree in their yard is being sawn to pieces, but they have decided to watch the scandal. A man in his 50s, peeking out of the window, yells: “Why are you standing there?? Get out! What are you standing there for??” I’m not responding. A man disappears.
The workers are nervous, they smoke, and one of them starts freaking out: “You won’t get any gas, but you’ll get a tree!” This makes it clearer to me why they might be cutting down my tree. The pipe-laying company, Navigator SBS, may have just decided to make life easier and save money. On their website, as I saw later, it says that they have to work with trenchless technology, which keeps the green spaces intact. But in reality, everything happens differently for some reason.
The clock is ticking. Work is standing. Theirs and mine. I’m actually wearing a summer dress and a light parka, and I forgot my hat at home. I’m freezing. Is drizzling. The foreman keeps calling and calling, asking if he got through. Says the police are coming. Follow me.
A shouting man comes out of the staircase across the street and walks towards me:” “Why are you standing there??. Why?. What are you standing here for??. Where I want, I’ll stand there. I have the right You don’t! There is a shade from this tree! The grass doesn’t grow here because of him!. It’s the shade from the tall house where you live! The grass is better for you than the tree? And why are you yelling at me??. I’m not shouting, it’s my voice! It’s my job to yell!. And why are you pointing that at me?? I don’t even know your name!. I’m older!
The man went on with his arguments: the tree must be cut down, it’s a shady place, nothing grows under it, and some “our women” want a flower bed and flowers here for a long time. “They’re gonna come and get you out of here!”. the neighbor resentfully withdraws.
It’s been about forty minutes. A car pulls up, and a middle-aged woman runs out, her eyes full of terror. She was pointed at me. With a ingratiating smile, she asked everyone to calm down. “The trees in the yard are dry, there was an order to cut them down,”. so it finally turned out that the “lumberjacks” must have a paper. a felling ticket, without which no tree can be cut down in the city. I can show me the paper on Monday in the District 4, but it does not apply to my tree, and another, small and withered, which grows next door. The woman trembles and fidgets, says there’s been a misunderstanding. She tries to shift the responsibility on the confused men, saying how come you started to cut down the wrong trees, because you were told about completely different trees. They look at her like sheep at a new gate. The workers are told to leave and not come back without her permission. The red-faced foreman points to his watch and asks me if I know what thirty minutes of work costs. All I know is that my tree didn’t grow for half an hour.
The woman tries in every way to win me over. Not surprisingly, I’m threatening to collect petitions, signatures, the people’s court, and anything else that comes to mind. We agree that I will come to the maintenance company on Monday at 10:30 a.m. to settle the conflict.
Going to the administration
On Monday morning I was standing on the threshold of the office of an employee of Plotnikova Tatyana Fyodorovna. After polite but restrained greetings, the official moves on to clarification. It feels like I’m another big headache for her.
The tree was taken down because it goes with the program
And if the tree causes some ecological damage with its fall?
No Nonsense Guide to Tree Felling. How to cut down a tree safely. FarmCraft101
Back to me:. You’re registered there? One person is registered there, but two or more people actually live there. I came to visit you and I deduced from the number of pairs of shoes in your hallway.- I have many pairs of shoes.- You had men’s jackets hanging, too. Do you have meters at home??. Water meters And for electricity? You’ve got guests coming in, using your light. How long have you lived there?? You lived with your parents?. For two years The branches were green, but now they’re withering I haven’t seen that. The other thing is, we have a gas line and the yard is being dug up. If the roots of that tree are touched? Do you see a connection between the fact that flowering trees were put on the list to be cut down and the fact that they’re building a gas pipeline??. There’s no connection there, it’s two different organizations And why did the people who cut down the tree say, “You’ll stay with the tree, but without the gas??”- The gas line has to be changed. What if they planted a tree there a thousand years ago and didn’t know it was a gas line?? They have the original technical plan and they can’t change anything. The trees will be planted with a different root system, they’ll be restored But this tree is many years old!. And if it’s doing any ecological damage by falling?- Your expertise was incompetent. You said it was 100% dry But we only saw a couple of leaves living on the top. We were driving by and we could not tell what species it was, and the tree was dry It had berries hanging from it in August and September. And it’s just easier for the workers to dig a trench in a green area than where there’s asphalt. So we don’t have to rebuild it later You won’t change anything, the foreman has a plan Who’s the contractor??. We don’t know.
You won’t change anything, the foreman has a plan
Is it allowed to saw trees on the site and how not to get fined for it
If you have recently become the owner of a plot of land, you surely plan to start equipping your country property to your liking as soon as possible. But on the way to the dream can meet barriers that mar the joy of creating a “new world. This happens when the area is overgrown with trees and shrubs. In this case do not immediately grab a saw and an axe: it can be fraught with unpleasant consequences.
How to clear your land from woody vegetation?
Is it possible to cut down a tree in the yard of an apartment building and how trees are cut down on the adjacent territory?
Living in an apartment building imposes obligations on the owners towards their neighbors.
One of them is not letting an individual resident cut down a tree or shrub in their yard, even if they are too much of a nuisance. But such a situation can be resolved within the law by writing an application to the local authorized body.
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Very often residents of the first to third floors suffer from the problem of overgrown trees that cover the windows of the apartments. According to health regulations, tall trees must grow no closer than five meters from the house wall. In the opposite case, overgrown trees in front of windows block the sunlight and provoke dampness. What can be done in such a situation??
First and most importantly do not try to cut down the branches yourself or, worse, completely cut down the tree blocking your window. First, you can always find someone in the house who is unhappy and write a complaint, after which you can be charged a hefty fine for cut down a tree, it is up to 5 thousand. Secondly, a cut tree can fall on the road, on someone’s garage, car, injure passersby, break windows of the lower floors, and this is not only material, but also criminal liability.
Where to pay a fine
You can learn about penalties for cutting down trees from the notice that comes from the post office or from bailiffs on the website of the State Service.
If the person who felled the tree was summoned to appear in court, it is possible to find out about administrative penalties.
The sum of the debt is transferred to the requisites, specified in the receipt given in the court or received by mail. If there is a fine notification on the website www.gosuslugi.You can pay the fine there.
Liability for unauthorized tree felling
Tampering with, cutting, digging up or selling timber is an environmental violation. Not only administrative, but also criminal liability is stipulated for them. Let’s see what the threat of unauthorized cutting of green mass in the city limits.
Financial penalties are noted in Article 8.28 of the Administrative Violations Code (CAO). Sanctions apply only for minor damages. up to 5,000. Supervisors consider tree species, age, height, trunk diameter and value. The older the vegetation, the higher the fine.
Illegal felling of trees near high-rise buildings threatens:
- to citizens. a fine of 3,000 to 4,000;
- Officials. from 20,000 to 40,000;
- Legal entities. up to 300,000.
Damage to the bark is considered damage to the tree. If the plantation is not destroyed, the administration can write a fine of 500. The total amount is calculated taking into account the damage to the tree or shrub.
To avoid being fined, you need to get approval from the Department of Natural Resources of the city of St. Petersburg. Moscow. An application for landscaping can also be submitted to the district authority. Planting must not violate the norms of SanPiN 184.108.40.20645-10. Landscaping without a permit from the administration is fraught with a fine of 40 000 to 50 000.
The adjacent area belongs to the city limits. There are no criminal penalties for felling trees, as in the case of the forest. But the provisions of Article 168 of the Criminal Code “willful destruction or damage to property by negligence” are applicable. For example, if a tree fell on someone’s car or damaged a power line.
Criminal liability for the careless “lumberjack.”
- A fine of 120,000 tops;
- withholding of income or other sources of earnings for a period of up to one year;
- Compulsory labor for 20 days;
- correctional work for up to 2 years;
- Arrest or forced labor for up to 1 year;
- imprisonment for 1 year.
Thus, destroying trees in your yard may not be a misdemeanor, but a real crime. Courts usually impose a fine or compulsory work. The culprits are assigned to the territory improvement body. they are given saplings, shovels and gloves to plant new trees. Incarceration for such violations of the law is extremely rare.
Where to apply for cutting down
The cutting down of trees in the adjacent territory of the apartment building must be carried out in a special order. Apartment dwellers who are disturbed by overgrown trees cannot cut down plants near the apartment building on their own. To solve the problem they need to apply to the authorized agency for cutting down trees.
If the residents have appointed a management company to be responsible for the apartment building, then the issue should be resolved through it.
The territory around the house belongs to the common property of all tenants and has to be maintained in order. If there is no management company, the tenants can ask for help from the HOA created in their building.
A person wishing to cut down trees writes an application to the management company or the HOA. The application must include full details of the applicant, the nature of the problem, the request to cut down the plant, and the grounds for the request. According to current sanitary rules, green spaces must grow at a distance:
If they are located at a closer distance the illumination of the premises may decrease. In addition, the plants can be dilapidated and pose a threat to the occupants of the house.
You can invite the Rospotrebnadzor (Russian Agency for Health and Consumer Rights) officers to confirm the fact of violation of sanitary norms. If the management company or condominium did not respond to the application, you can address it to the local administration. If these organizations do not comply with the legal requirements of the tenants you can also take the case to court.