How to cut down a tree in the yard of an apartment building
How to check if tree felling is legal
The cutting of greenery is carried out on the basis of a felling ticket. A logging ticket shall be issued by the Department of Natural Resources Management and Environmental Protection of Moscow in cases where
- carrying out sanitary cuttings;
- restoration of the normal light regime in residential and non-residential premises, shaded by trees;
- The following requirements shall be met: How shall the felling of trees be carried out?
- liquidation of accidents and emergency situations.
In some cases felling may be carried out without a felling ticket. Departmental permits may be required instead (for construction, reconstruction of capital construction facilities).
How the felling shall be carried out?
Cutting of green plantings shall be carried out in accordance with the following requirements:
- In accordance with the arboretum plan (scheme) and the inventory list, all trees and bushes to be felled shall be marked in red, those to be replanted. in yellow, to be preserved. in white;
- marking of trees and shrubs should be done by customers in conjunction with logging and replanting operations according to the arboretum plan and counting list;
- At least 10 days prior to the commencement of the cutting and replanting operations, information boards with good visibility shall be posted at the site;
- the destruction, pruning and replanting of greenery shall be performed after notification of the environmental control department of the Department of Nature Management and Environmental Protection of Moscow in the corresponding administrative district no later than 5 working days before the beginning of the work;
- Felling, crosscutting, loading and removal of felled trees and logging residues must be carried out as they are felled;
- the cuttings shall be removed and disposed of;
- After the work, the logging ticket must be closed.
How to check the legality of tree felling?
Please contact us to find out if a felling ticket has been issued and if the felling of trees is legal:
- Call the Moscow mayor’s unified information service number: 7 (495) 777-77-77;
- to the Department of Natural Resources and Environmental Protection of Moscow via the electronic reception desk.
It is possible to find out, if there is a felling during construction on a privately owned plot, or a plot provided for construction and (or) reconstruction of capital construction objects, by contacting:
What is the threat of illegal cutting?
Administrative and criminal liability is foreseen for illegal cutting, damaging trees and bushes or their digging, purchasing, storage, transportation or sale of illegally cut timber.
Where to go to cut down an emergency tree?
In a private house
In all aspects, you need to consider the legality of the actions, so before you start to demolish trees on the site where construction is about to begin, you need to coordinate your future plans with the local authorities, because the state will want some monetary compensation in return.
The permit itself from the state authorities will be issued if the conditions are met, which include planting new saplings, but keep in mind that the authorities may require you to perform the action you need on a completely different piece of land. Sometimes there is a possibility of compensation for money.
If you need to cut down green saplings on your own garden plot, then here, in addition to documents, you will need to deal with this issue with the dacha cooperative, but you will have to pay for the cutting at your own expense, even if you remove the tree with your own efforts. If you yourself can not cope, to hire a professional will cost in the region of 1000. If you have already purchased a plot of land, but there are trees that are an obstacle to the intended layout, you can remove the tree by providing the following documents:
- A statement from the organizer of the construction must be written;
- The papers that certify your right to this piece of land;
- landscaping plan;
- landscaping plan;
- a contract for cutting with a company that has a license;
- an act of landscaping, i.e. replanting of trees and other plantings;
- an act of cutting down trees that are in the way.
Once all the necessary documents are collected. ask the local administration for further instructions.
In the yard of the apartment building
In apartment buildings, you will definitely need a good reason to legally cut down. For example:
- This tree is an emergency and life-threatening tree;
- The tree threatens or damages communications;
- The plant is located near the house;
- This plant is blocking the view from the windows and the light;
- spoil the appearance of the yard, but since this factor is subjective, you will need the consent of the majority of tenants.
Then you will need to send the act to the “Homeowners Association” or the local authorities for further consideration. This process can take a long time from ten days to one month.
If you receive an official response from these authorities, then very soon you will be assigned a time to cut down and the cutting will take place. This will be done at the expense of the general fund for the care of the condition of the house.
On the plot
If you are the official owner of your land, but there are problems during construction due to the presence of greenery, you also need a permit for felling from the local authorities. Get it you will be able to provide a package of documents, among which:
Next, you will need to take all the documents to the local cooperative management or to the administration.
Where to go and what to do if trees are cut down illegally?
A dead tree in the yard of a residential building threatens the life and property of its residents and guests.
But the felling of trees must be carried out only with the permission of the city, as this is regulated by law
In this article we will tell you where to apply to cut down a tree in your yard.
What trees are prohibited from being cut down altogether
According to the current legislation, there are some species of trees which may only be felled as sanitary cutting or in other exceptional cases. It is not usually possible to get permission to cut them down. The following tree species are involved here:
- Various relict species;
- Species included by all rules in the Red Book;
- Species of special value as a biological resource.
The listing of biological species in the Red Book is regulated by the legislation of the subjects, since these issues are under their jurisdiction. Also, it is the subjects who are authorized to make lists of rare and valuable tree species.
What the statistics point to
The State Forestry Inspectorate, in a report from 2014, provides statistics that reveal the characteristics of such offenses.
- 73% of cuts are made in the morning and afternoon,
- 90% of violations are detected by foresters,
- 13% of offenses are for legal persons,
- 87% of cases of crimes involving the illegal destruction of trees are solved.
This high rate of crime detection can easily be explained by the fact that criminals tend to choose forested areas close to residential areas, because long-distance transportation can cost a lot of money.
Liability for vandalism
Self-abuse in this matter is not allowed, moreover, it threatens to impose a fine.
In addition, a tree can fall on the roadway or someone’s car, garage, such actions can also harm passers-by, and this threatens criminal liability.
For these reasons, trees in courtyards of apartment buildings can be cut down only if the appropriate permission from the city authorities.
Administrative liability means a fine for the action committed, compensation for the damage caused.
Most often, each tree that is cut down is valued at 3,000 to 5,000 and valuable rocks can cost even more. So, Art. 8.28 CAO defines the following fines:
- For individuals. 3,000 to 4,000. ;
- for officials. 20-40 thous. ;
- for legal. persons. 200-300 thous.
Also, one cannot ignore the possibility of confiscation of the equipment used for sawing.
Liability under the CC provides for fines from 500 thousand. or restriction of freedom for up to 2 years, and the presence of aggravating circumstances or major damage provide for either a 1-3 million fine or restriction of freedom for up to 7 years.
To determine the damage there is a special methodology of the Russian government, according to which the damage of 5 thousand and more is considered significant and large. from 50 thousand.
In some cases, in order to cut down unwanted, interfering trees on your property, you need an official, written permission from the local authorities or other authorized bodies. There are several such cases:
- If the site is located on Forest land.
- If the land is the property of a municipality.
- And when the land is federal property.
The tree may not grow on the site itself, but interfere with the passage to it, the driveway. In this case we make cutting of bushes and trees in the presence of permission. A citizen interested in cutting a plantation makes an appeal, explaining in it the reason for his desire to cut down the tree. Before you do that, you need to find out who owns the land with the tree.
How a citizen can check the owner of the land? It is possible to apply to the local authorities, to the office of the cadastral service. You can also buy the ownership of the land, on which there is forest plantation. In order to clear the area for construction, it is necessary to apply to the municipality, explain the situation, ask for permission to cut down.
How to get a permit?
If it is illegal to cut down trees, the owner of the property will be punished whether or not he knew about the restrictions in the law. When it is necessary to cut down trees on a suburban or garden plot, where to apply? First of all, you need to go to the local administration and resolve this issue:
- Make an appeal (statement) in any form.
- When drawing up the document, you need to specify to whom it is submitted, who is the applicant.
- Below the name of the document, for example, “Application” is indicated.
- Then you should write the address of the plot, its location.
- A request to allow the cutting of trees on the plot is stated.
- It is important to specify the age of the tree, its size, breed.
- You must also write the reason why it became necessary to cut down.
In the application, it is important to specify what trees must be cut, where they grow. Most often a permit is issued, it is also called a “felling ticket” or “logging order”. It is necessary to draw up an agreement with the specialists who made the cutting.
Professional companies providing tree felling services will definitely require the customer to present a “felling ticket”. Otherwise, they can become as much of a violator of the law as their client, the owner of the plot.
ATTENTION! Permits for cutting trees can be issued by the Department of Natural Resources of a local municipality or by the Division of Nature. But in some cases, the decision is taken by other departments authorized for these functions.
For example, a positive or negative answer on cutting down trees on a certain land plot can be issued by the Department of Housing and Communal Services.
How to apply? This can be done in person when visiting the administration of the local government, through a proxy. It is also possible to submit an application through the “Single Window” service. The application must be submitted with several documents, including one that will prove ownership of the plot. This can also be an extract from the Unified State Register of Natural Resources.
Before giving permission, the responsible body can call for an expertise. Specialist will arrive on site, inspect logging site, assess risks. Most often, fruit trees, as well as young trees (up to 30-50 years old) will not require a permit.
Can you cut down trees in your yard?
The management company can do maintenance of the territory around the house, but as for cutting down trees and cleaning old bushes, it is the responsibility of the workers of the Land Improvement Department. They must oversee not only the condition of old trees, but also the planting of new plantings, including shrubs, flowers, lawn grass.
Do not cut down trees or plant trees yourself. Previously this was prohibited by the Ministry of Regional Development Order 13 of 27.12.2011. According to him:
How to cut tree near house without chainsaw. Pt 1
- Paragraph 8.6.6. prohibits unauthorized felling of trees and shrubs.
- Point 8.6.10. obligates the person responsible to pay a fine in the amount of the value of the cut tree or shrub.
- Item 8.6.12. regulates liability for the destruction of green areas in public areas.
- Point 8.6.Clause 15. regulates getting a permit to cut down dead trees by oneself.
But, at the moment this Order is no longer in force, however, all the provisions that were prescribed in it are in force at the regional level, not at the federal level.
Sawing down bushes and trees
It is nice when trees, bushes and flower beds are planted in the yard of an apartment building. Sometimes the tree grows in violation of city planning regulations. at a distance of less than 1 meter from the house wall, or the roots of the tree went under the facade and are actually in the basement, or part of the tree dried out and threatens to collapse at the most inopportune moment, causing damage to the property of tenants. Or the tree has grown “properly”, but the branches are hitting the apartment windows and blocking the sunlight. What to do in such cases? Where to address and at whose expense tree pruning and sawing down on the adjacent territory should be done?
It is possible to raise the question of cutting down a tree if:
- The tree is a hazardous tree. That is, it has dried up, broken and threatens to cause damage to property of the owners (for example, cars parked in the yard), hangs over the sidewalk, porch, playground.
- The tree is too close to the house.
- There is a decision of the general meeting of tenants of the apartment building. If the tree is not an emergency tree but bothers the residents, to cut it down the residents must vote to remove it at a general meeting of apartment owners by more than 50% of the votes. The minutes of the meeting are sent to the management company, which in turn applies to the municipality for permission to cut the tree.
If the decision is affirmative, the management company may pay for the sawing service from the property assessment or, if the sawing turns out to be complicated and expensive (such as the sawing of several trees, recycling, etc.), the property management company may pay for the services.д.), the cost of all work may be included in the monthly payment and paid over several months. In any case, the form of payment for such services is also adopted at a general meeting of owners of the MFB and recorded in the minutes.
The owners of 3 Shevchenko St. chose the latter method, directing their decision to the management company Municipal. It was enforced in November 2020 with funds previously collected on the adjacent territory of the house.
But, it’s not enough to cut down trees and bushes, they must be disposed of, removed from the adjacent territory. Some people leave them where the work is done, or try to stuff them into the bins for household waste, or put them in the container yard in the section for bulky waste. And as it should be by the current rules?
The Ministry of Natural Resources has sent a clarification to regional operators and authorities that wood waste does not belong to municipal solid waste (MSW). It is stated that MSW may only include the waste produced by natural persons inside residential premises. Accordingly, according to this definition, the remnants of greenery can not be MSW, and the removal of cut branches should not be made together with household waste.
If a subbotnik or other work was carried out in the yard of an apartment building, the removal of grass and branches from the site is provided by the management company or HOA.
Our management company has a contract with the company Center Cleaning, which produces not only sawing but also the shredding by crushing, as well as the removal of waste on its equipment.
Cleaning of the adjacent territory of the building at 3, ul. Shevchenko