How to cut down a tree near an apartment building
Sawing down trees in the yard of an apartment building
Today we offer you an article on the topic: “The cutting of trees in the adjacent territory of an apartment building” with the Комментарии и мнения владельцев of knowledgeable people. If you have any questions, we suggest that you contact our consultant on duty.
If the tree is dry, the branches can just break off and fall.Then ask them to cut the tree in question down or remove it, since by blocking light from entering your windows it clearly impairs your living conditions. It can also cause a serious accident. 2. Make sure that you register the form with an incoming number and ask for a copy to be stamped and dated. You may also want to send a registered letter, with a copy for your records. The Department of Public Works has 21 days to respond. 3. If the tree is not cut down and you still do not get a response, write a report to your supervisor. This may be the head of the Department of Housing and Communal Services, the head of the Housing and Communal Department, the Moscow City Department of Housing and Public Works. In applications, refer to the standards of lighting, the fact that, according to SNiP 23-05-95, trees should not grow closer than five meters from the house.
Where to apply for the demolition of a tree near a private house?
You may want to cut down a tree outside your window. In principle, this possibility is provided by law. But first, you should understand the terminology. Felling or cutting a tree means its total destruction.
There is still room for the trees to grow. Read how to correctly write an agreement on the maintenance and education of minor children in a divorce. What is a foster family in family law and how to obtain this status. information at the link.
Here is information about what you can do if your ex-husband does not pay child support. Where to apply for felling The cutting of trees on the adjacent territory of an apartment building must be carried out in a special way.
Is it possible to cut down a tree in the yard?
You need to write an application to the local administration and after a positive response you can remove the tree. If the tree is very large, it can be cleaned by a specialized organization. We have communications and energy workers do it, because they have the necessary equipment at their disposal. Do you know the answer?? 0 help is needed? See also: How to cut a tree, if on all sides there are apartment buildings? If you swear at the tree, it will die? Why? Who should pick up the sawn tree?? How to treat tree trunks? How to make a heart, valentine of a tree, sawn wood with his hands? How to make Christmas decorations from sawn wood, templates of Christmas decorations? A craft rooster from sawn wood, how to make a step-by-step with their own hands? Do plot owners have the right to cut down a tree on their property?? What can be seen on the sawed tree? A holy face is visible? Mass cutting of trees in cities.
Sawing down trees on the adjacent territory of the apartment building
And the administration is not moving to make decisions. Please help. Please advise where to turn. What documents and facts are required. For the administration to take down a tree. Trees near the house Disclosed Victoria Smoke Support worker.ru Similar questions have already been considered, try to look here:
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Where to apply to have a tree cut down in the yard?
This is actually a serious crime, for which in some cases you can get a sentence. The police should also be called if you see trees being illegally cut down. Fines and other penalties Let’s move on to the penalties that await those who illegally cut down trees.
If the wood is in the way.
So when you are looking for someone to take care of your neighborhood, you need to find out who owns the property. The answer to the question of who should cut down trees on the adjacent territory of an apartment building is simple:
- If the land belongs to the residents of the apartment building, it is carried out by their elected management company or HOA.
- When the territory belongs to the municipality, the obligation to maintain it falls on the relevant department of the administration. It can be called differently, for example, the department for landscaping and beautification.
Often there is also a question of who should cut down trees on the adjoining territory of a private house. Owners are responsible for private property. Therefore, land care work, cutting down trees, if necessary, is the responsibility of private building owners.
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There is a different procedure for each situation that requires the removal of vegetation from the site. And if in an apartment building a tree can be cut down for you, then with a tree on your personal property you will have to deal with yourself. In an apartment building In order to cut down a tree in the yard of an apartment building, you will need not only a desire, but also a good reason.
The tree can be caused by the following factors:
- The tree is unusable and is a threat to residents;
- The tree has grown too large and is a threat to services;
- The tree has grown too large and is too close to your home;
- The tree covers the windows, which creates insufficient light in the room;
- The tree spoils the view of the yard and most residents agree with you.
Information In order to cut down a tree, you need to write an application to the HOA or management company responsible for your home.
How to write an application to cut down trees near the house: a sample form
It all depends on what kind of tree. that’s one. If the poplar trees. to recognize them as emergency is not difficult, and the relevant city programs for their elimination are available. At least. in the Crimea. The second time. consult with the architect. the tree can violate the red line for the street trimmer, shade/obstruct natural light, etc. It is easier to find out through them whether the tree is taxidermied or not.
If not, it’s not a big problem to include it in the sanitation plan, which MUST exist. The problem is if the opposite is true. Again. all the responsibility of the city. And, as an option, “to transfer the problem to his deputy”.
As incub [2K] rightly pointed out, you can only cut down trees on your own land. And even with a “safety net”. the author of the question chose this answer as the best Yes, you cannot cut down a tree yourself. The legislation protects trees and punishes you for doing so. Apartment dwellers who are disturbed by overgrown trees cannot cut down plants near the MFD on their own. In order to solve the problem, they need to apply to the authorized body to carry out the cutting. If the tenants have appointed a management company 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 kept in order. In the absence of a management company, tenants turn for help to the HOA created in their house. The person who wants to cut down trees writes an application to the management company or the housing cooperative. It should contain full information about the applicant, the essence of the problem, the request to cut down the plant, the grounds for its satisfaction.
Where to go in order to cut down a tree near a private house
- Do not engage in “vigilante justice”
- Get support
- Go to action
- If no one responds
- What other ways are there to solve the problem?
Very often the residents of the first or third floors suffer from the problem of overgrown trees that cover the windows of the apartments. According to health regulations, tall trees should grow no closer than five meters from the house wall. In the opposite case, the overgrown trees in front of the windows block the sunlight and provoke damp. What can be done in such a situation? First and foremost. do not try to cut down branches yourself or, worse, completely cut down the tree covering your window. Firstly, there will always be someone in the house who is unhappy and write a complaint, after which you can be charged a hefty fine for the cut tree. it is up to 5 thousand.
Who owns the trees?
Article 209 of the Civil Code says that the owner of the land may at his discretion dispose of all the natural resources located on the plot, if it doesn’t contradict the law and doesn’t infringe on the rights and interests of other people. Article 5 of the Forest Code describes the forest not as a group of trees, but as an ecological system and a natural resource.
That is, there is no clear concept of what a forest is and how many trees it begins with, so theoretically, any group of trees can be recognized as a forest, which immediately makes them state property.
In addition, single trees of valuable and especially valuable species also fall under the concept of forest, so poplar or some fruit hybrid always belongs to the owner of the plot, while oak or other valuable/rare species are always owned by the state.
What happens for unlawful destruction of trees and shrubs?
As mentioned earlier, everything is determined by the regional authorities.
But in the order of the government, which was discussed earlier, it is clearly stated that the perpetrator of the unlawful destruction of trees and shrubs must compensate their cost for the very reason that in place of the destroyed plantings there are new.
Each tree will be valued at about 3,000 to 5,000. If you decide on your own to get rid of a painful problem in the form of a leaf blocking the light, it is better not to cut down the tree, but cut its branches. Not only do you avoid liability, you do not incur the wrath of your neighbors.
If you do not want to cut down the interfering plantation, and your neighbor, and you think his action is inadmissible, then write a statement to the police.
Please state the time, location and person you suspect.
Describe in detail the offense. Next, the police will sort out who and why destroyed plantings, and then through the court will be assigned a fine.
Can a tree or branches blocking a window be cut down yourself??
You may not cut down a tree without permission even if the tree prevents sunlight from entering your window.
You may also not cut a tree branch if it obstructs the insolation of the apartment.
This is tantamount to cutting down trees without permission and entails administrative liability. You should therefore also ask your local authority to do this.
Russian law can also help, since according to SNiP 23-05-95, trees should not grow closer than 5 meters from the walls and windows of residential buildings.
To confirm that a tree is blocking the sunlight, you need an expertise from the sanitary and epidemiological station or the opinion of the Rospotrebnadzor Commission.
Only if there are documents confirming the right of the applicant, you can apply to the CC with a demand to cut down the interfering tree.
Administrative liability for unauthorized felling of trees consists of two components:
The size of the damage is assessed by the regional environmental ministry or the federal Ministry of the Environment.
Usually the amount of damage is estimated in the amount of 3-5 thousand. rubles for each tree, but some species of trees can be valued much more. So, unauthorized cutting costs violators quite a lot.
As for the fine, it is stipulated both in the Administrative Offences Code and in the Penal Code.
In Art. 8.28 CoAO the amount of the fine is set in the amount of 3 to 4 thousand rubles. rubles for a private person, from 20 to 40 thousand. rubles for officials and from 200 to 300 thousand rubles for legal entities. rubles for legal entities.
The same acts involving machinery and equipment increase the fine and can lead to the confiscation of used property.
Responsibility under the Criminal Code is much higher. Here, violators face fines of 500 thousand rubles and more if they cause significant damage. rubles or imprisonment up to 2 years, and the crime committed by prior conspiracy of a group of persons or on a large scale shall entail a fine from 1 to 3 million. rubles or imprisonment for up to 7 years.
In this case the amount of damage is calculated in accordance with the methodology of the government. rubles, major damages. from 50 thousand rubles, major damages. from 5 thousand rubles, major damages. from 18 thousand rubles, major damages. from 18 thousand rubles. BYR 1 to 3 million.
That’s why it’s not at all difficult to “get” under the criminal article, while the penalties for unauthorized felling are very high.
If the tree growing in the yard is an emergency tree and poses a threat to tenants and property, the management company has the right to cut down such a tree promptly without the approval of the local authorities.
In particular, a tree that cracked after a thunderstorm must be cut down immediately in order to prevent accidents.
Can a fallen tree be sawn up and hauled away?? Even after a tree has fallen, it is still the property of the city, so you can’t cut and haul away fallen trees for your own needs without permits.
Perform work on the cutting in the yard have the right only to representatives of the Managing Company or an organization hired by them.
On the other hand, the sawing and removal of the tree costs a lot of money, so the Managing Company may be interested in it.
So, if a private person has such a desire, it is better to agree it with the Managing Company.
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As the territory adjacent to the house is the responsibility of the management organization, if the tree falls on the car, its owner has the right to count on damage compensation.
First of all, the owner of the car should take a picture of the scene, and then go to the local police department and record the fact of the fall in the protocol. It is also best to make sure you have witnesses to the incident.
After that, you need to have the damage assessed by an expert organization. After receiving the conclusion of the expertise, you can go to court with a statement of claim against the Managing Company.
If it is proven that the fall of the tree was the fault of the operating organization, the owner of the car has the right to compensate him for the damage caused.
A tree fell on the car in the yard. what to do? Learn from this clip:
It turns out that you can not only illegally cut down a tree in the yard, but even plant a sapling in it without special permission.
Planting trees must take place within the framework of landscaping of adjacent territories and comply with the “Rules and norms of technical operation of the housing stock”.
The reasons are clear: the planted tree should not subsequently pose a threat to citizens or property and violate the rights of tenants.
Therefore, permission for planting must again be obtained from the management company.
All yard trees are the property of the municipality, so you can only cut them down by the managing company with the permission of the municipality.
Felling a tree in your yard by yourself may result in administrative or criminal liability.
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In what situation do you cut down a tree yourself??
Before you cut a tree, you should always consult the city plan, find out if the area is not legally your property, and you should also make sure you know the species of tree you are going to cut.
If there is a possibility that the tree could fall on houses, roads, or snag wires, causing material and physical damage, getting permission to cut it down will be much easier. To perform this action, even if the site is your own, you will definitely need a permit from the administration of your municipality or a felling permit, which you will have to buy additionally.
But if you do decide to take the risk, you can proceed to action, understanding all the consequences if:
- The plot is your property;
- trees are not marked on site plans;
- If the tree falls will not cause material damage;
- you have brought your neighbors up to speed, and they have given their consent;
- you only need to cut down a few trees (no more than 2 trees).
If you work quickly, the probability of successfully completing the job increases. Be as inconspicuous as possible: remove tree stumps and debris as soon as you cut it down. But also remember that you can use the services of professionals in this field. To cut down dead wood or not, you decide for yourself, but be sure to take into account that the territory may be legally alien.
it is possible that the tree you want to remove is a valuable species, in which case cutting it down would be prohibited by law. But there are some cases in which this action becomes legally possible. This can be for a variety of reasons or sanitary conditions.
Rare relict plantings. those listed in the Red Book and valuable biological resources. are attributed to valuable species. The law of every municipality can stipulate which trees may not be killed or may be killed, but only up to a limited amount. If you can get permission from your municipality, it is legal.
If you have a need to get rid of a large number of trees, you will need to apply for a felling permit, but keep in mind that you will have to pay a considerable additional fee for this.
In all aspects, it is necessary to take into account the legality of actions, so before proceeding to the demolition of trees on the plot, where construction will soon unfold, it is necessary to coordinate your further 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 seedlings, but keep in mind that the authorities may require you to perform the required action on a completely different piece of land. Sometimes there is a chance for money compensation.
If you need to cut down green saplings on your own garden plot, in addition to documents, you will need to deal with the Dacha cooperative; however, you will have to pay for the cutting down at your own expense, even if you remove the tree yourself. If you can’t do it yourself, hiring a professional will cost in the neighborhood of 1,000. 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, providing the following documents
- An application must be written from the organizer of the construction;
- Documents that certify your right to this piece of land;
- landscaping plan;
- landscaping plan;
- an agreement on cutting with a company that has a license;
- Landscaping deed, i.e. replanting of trees or other plantings;
- an act of cutting down the trees that are in the way.
Once you have gathered the necessary documents contact the local authorities for further instructions.
In an apartment building you will need a good reason to legally cut down a tree. For example:
- The tree is an emergency and life-threatening tree;
- The tree threatens or damages utilities;
- The plant is located near the house;
- The plant in question is blocking the view from the windows and the light;
- It damages the appearance of the yard, but since this factor is subjective, you will need the consent of most residents.
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 a month.
If you receive an official answer from these authorities, you will very soon be given an appointment for felling and the cutting will take place. This will be paid from the house’s maintenance fund.
If you are the official owner of your land, but there are problems with the construction due to the presence of greenery, you will also need permission from the local authorities to cut it down. You will be able to get it by submitting a package of documents, among which:
You will then need to take all the paperwork to the local cooperative or city hall.
You may only cut down trees without permission if the planting site is privatized and if the tree was planted by the owner. If you do not comply with these conditions, you will be issued a financial compensation of at least 4,000 rubles. Or you will have to call a commission to get an official permit. To begin with, you will need:
- You have to submit an application to the housing authority;
- The organization of a commission, which will be attached to the ecologist.
- Then the tree is examined, and if it is in disrepair the cutting will be approved quickly.
If the tree is not in an emergency condition, it is still possible to obtain permission to cut the tree down, but with several conditions. If you have permission from the authorities, you have the right to cut down even a tree that is in good condition. Contact a professional, they can provide you with all the documents you need to do this.
In what situations can you cut down a tree yourself??
Before you cut down a tree, you should always consult the city plan, find out if the area is not legally yours, and you must also make sure you know the species of tree you are going to cut down.
If there is a chance that a tree could fall on houses, roads, or power lines and cause physical or material damage, getting permission to cut it down can be easier. To perform this action, even if you own the land, you will definitely need a permit from your municipality or a felling permit, which you will have to buy additionally.
But if you do decide to take the risk, you can move into action, understanding all the consequences if:
- the plot is your property;
- trees are not marked on the plans for the area;
- the tree will not cause material damage if it falls;
- you have informed your neighbors and they have given their consent;
- you only need to cut down a few trees (no more than two).
If you work quickly, the likelihood of successfully completing the action increases. Make sure you are as inconspicuous as possible. remove tree stumps and debris as soon as you cut it down. But also remember that you can use the services of professionals in this field. It’s up to you whether or not to cut down deadwood, but be aware that this area could be legally alien to you.
It is possible that the tree you need to remove belongs to a valuable species, then its cutting will be prohibited by law. But there are some cases in which this action becomes legally possible. It can be for various reasons or for sanitary reasons.
Rare relict plantings, those listed in the Red Book and valuable biological resources are attributed to valuable species. The laws of every municipality may stipulate which trees may not be killed or may be killed, but only to a limited extent. Provided you manage to get a permit from your municipality, this will be a legal action.
If you need to get rid of a large number of trees, you will need a logging ticket, but you will have to pay a hefty fee for that separately.
In all aspects, you need to consider the legality of your actions, so before you start taking down trees on a plot where construction is about to start, you need to coordinate your future plans with the local authorities, because the state will want some monetary compensation in return.
The permit itself will be issued by the state authorities if the conditions are met, which include planting new saplings, but keep in mind that the authorities may require you to perform the required action on a completely different piece of land. Sometimes there is a possibility of getting money reimbursed.
If you need to cut down green saplings on your own garden plot, then here, in addition to the documents, you will need to deal with the dacha cooperative, but you will have to pay for the cutting at your own expense, even if you remove the tree by your own efforts. If you cannot do it yourself, hiring a professional will cost in the region of 1000. If you have already purchased a lot, but there are trees that are an obstruction to the intended layout, you may remove the tree by providing the following documents:
- an application must be written from the organizer of the construction;
- Paperwork that certifies your right to the plot of land in question;
- A landscaping plan;
- landscaping plan;
- An agreement with a licensed tree trimming company;
- The act of landscaping, i.e. replanting of trees and other plantings;
- the act of cutting down the trees that are in the way.
Once all the necessary documents have been collected. ask the local administration for further instructions.
In multi-family buildings, you will definitely need a good reason for legal felling. For example:
- This tree is an emergency and life-threatening tree;
- The tree in question threatens or harms communications;
- The plant is located near the house;
- This plant covers 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 residents.
Next you will need to send a report to the “Homeowners Association” or the local authorities for further consideration. This process can take a long time, from ten days to a month.
If you receive an official response from those authorities, you will very soon be set a cutting date and the sawing will take place. This will be done at the expense of the common fund for the upkeep of the house.
If you are the official owner of your land, but there are problems during construction due to the presence of greenery, you will also need permission to cut down from the local authorities. You can get it by providing a package of documents, among which:
You will then need to take the complete set of documents to the local cooperative management or to the administration.
You can cut down trees without having any documents for this, if the place of felling is privatized, and the tree itself was planted by the owner. If you do not comply with these conditions, you will be issued a monetary compensation, which will be at least 4,000. Or, in order to obtain an official permit, a commission will have to be summoned. To begin with you will need:
- filing an application with the housing authority;
- organizing a commission, which will be accompanied by an ecologist.
- Then the tree is examined, and if it is in an emergency condition, the cutting will be quickly approved.
If the tree is not in an unusable condition, you can still get permission to cut it down, but with conditions. If you have a permit from the authorities, you have the right to cut down even a tree that is in good condition. Turn to the professionals, they will be able to provide you with all the documents you need for this.
The civil code clearly states that any and all activities with trees on your property are allowed. But if the tree belongs to green spaces, and it is marked on the cadastral plan, then the fine for one tree cut down for individuals will be 3500. If the tree was cut down on behalf of officials or individual entrepreneurs, the amount of the fine will increase tenfold.
Good day! I have been providing legal advice to my clients for a little over 11 years. Considering myself a professional, I want to teach all visitors to the site to solve a variety of problems. All materials for the site are collected and carefully revised to bring in a convenient form of all necessary information. You should always consult with professionals before applying what is described on the website.
How to plant new trees so that they do not get under the log
Not only cutting, but also planting must be carried out in accordance with the established rules.
If the residents of an apartment building want to plant their yard, they should also entrust the decision of this issue to the management company or the HOA.
Planting work must be coordinated with the landscaping department of the local administration.
When planting plants it is important to take into account the distance to residential buildings, sidewalks, utility lines, underground utilities. It is necessary to take into account the characteristics of plants.
Some types of trees quickly become decrepit, creating a danger to the occupants of the house and their property. Therefore, the landscaping of adjacent areas should be carried out according to approved projects.
If the planting was done in accordance with the sanitary requirements with the approval of the administration, then there will be no reason to cut them down.
If trees growing outside your window make living in your home more uncomfortable, they can be pruned or cut down. But you should never do it yourself. Unauthorized cutting of plants is illegal and punishable by a fine.
But also planting of greenery has to be done according to certain rules and with the necessary approvals from the local authorities.
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An emergency tree in the yard can pose a threat to the life and property of residents and their guests.
However, cutting down trees in the yards of MFBs is regulated by Russian law and can only be done with the permission of the city authorities. On where to apply to cut down a tree in the yard, told in the article.
Dear Readers! Our articles tell about typical ways to solve legal issues, but each case is unique.
If you want to know how to solve your problem. contact the online advisor form on the right or call for free consultation :
Rules of use of premises and common property in apartment buildings you can learn from our article.
If a tree in your yard is too big to live in, it can be cut down or trimmed. But you should never do it yourself. Unauthorized cutting of plants is illegal and punishable by a fine.
However, even planting greenery should be done according to certain rules and by getting the necessary approvals from the local authorities.
Did not find an answer to your question? Learn how to solve your problem. call us now: 7 (499) 450-39-61 8 (800) 302-33-28
A tree in a collapsed yard can pose a threat to the life and property of the tenants and their guests.
However, the cutting of trees in the yards of MFBs is regulated by Russian law and can only be done with the permission of the city authorities. About where to apply to cut down a tree in the yard, we will tell in the article.
Dear Readers! Our articles tell about the typical ways of solving legal issues, but each case is unique.
If you want to know how to solve your problem. use the online consultation form on the right or call for free consultation :
Rules of use of residential premises and common property in apartment buildings you can learn from our article.
Cutting down trees on state or municipal land, which includes the yard of an apartment building, is regulated by many laws and bylaws:
- The Forest Code ;
- Federal law.FZ “On environmental protection”;
- Resolutions of municipal authorities;
- By Gosstroy’s order “Rules and norms of technical operation of the housing stock”;
- Building codes and regulations and other acts.
Responsibility for the illegal cutting of trees is defined:
Can trees in the yard be cut down??
Cities are maintained by public authorities, represented by beautification departments. They oversee the planting, condition and use of trees.
It is strictly prohibited to cut down trees in the yard! Such actions are considered arbitrary and contrary to Order 13 of the Ministry of Regional Development dated December 27, 2011:
- Paragraph 8.6.6. prohibits unauthorized cutting of city trees and bushes;
- Item 8.6.10. obligates to charge the perpetrators the cost of the damaged/cut plantings
- Paragraph 8.6.12. reports on compensation for damages from destruction of green areas;
- Item 8.6.15. obliges to obtain a permit to cut down dead wood.
The order has been repealed and these regulations are no longer in effect. However, the municipal authorities have adopted them. The above-mentioned points are still relevant, they are used in practice. But already within the framework of local acts.
A yard is a courtyard where a building is located, cars park, people walk, and other plantings are planted. If the felled tree was big, it could easily damage someone else’s property. Or, even worse. he would injure a bystander, up to and including death. The one who cut down the plantation would be responsible for what he’d done.
Resident of a block of flats had to put up with a massive poplar tree next to his home for a long time. The tree’s thick crown obscured the windows, blocking sunlight from entering. The tenant had to “burn” electricity even during the day. He got tired of it, so he decided to cut down a poplar tree. He did not get a permit to cut it down. In order to cut down the tree faster, he enlisted his acquaintance. But a massive poplar trunk fell on a neighbor’s parked car. As a result, the Nissan Almera’s windshield was broken and the body and doors were dented. The angry car owner filed a property damage lawsuit under Art. 168 CC The court ordered the resident and his acquaintance to pay a fine of 120,000. At the same time, the perpetrators were fined for unauthorized cutting down a tree in the yard.
Who is responsible for the cutting?
Given that the adjacent area belongs to the common property of the tenants of an apartment building, the felling of trees must be agreed with all apartment owners. Art. 44 If the residents agree to the felling, it is necessary to get a permit in the form of a felling ticket. The lack of a permit makes it difficult to destroy greenery within the city limits.
It is also necessary to look, where the tree is located, i.e. on whose territory. Situations can be different:
- The land belongs to the tenants of the apartment building. cutting down trees and bushes should be done by the bodies of the Managing Company (MC) or the Homeowners’ Associations (HOA). The cutting is carried out at the request of the tenants of the house. The bill for cutting down trees will be added to the bill for housing and communal services.
- The land belongs to the municipality. the landscaping department or city beautification department is responsible for taking care of the area.
Citizens living in the house do not participate in the cutting of trees. All work is done by specialist contractors. individuals or legal entities. Felling requires assessment, equipment, gear, and technical skills. A crane may be needed for the work. Most often, tree cutting or pruning is usually assigned to communications and energy workers.
Liability for unauthorized felling of trees
Spoiling, cutting, digging, and selling wood are environmental violations. They are not only administratively liable, but also criminally liable. Let’s see what the threat of unauthorized felling of greenery in the city limits.
Financial penalties are noted in Article 8.28 Code of Administrative Offenses (CAO). Sanctions apply only in the case of minor damage. up to 5,000. Supervisors consider the species of tree, its age, height, trunk diameter, and value. The older the vegetation, the higher the fine.
Illegal cutting of trees near high-rise buildings threatens:
- citizens. a fine of 3,000 to 4,000;
- To 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 may issue a fine of 500. The total amount is calculated taking into account the damage to the tree or shrub.
Distinguish not only cutting, but also unauthorized planting of trees near the house. The rules are particularly strict. Thus, in accordance with the clause. 3.6.1 Rules of establishing, maintaining and protecting green spaces, approved by the Moscow City Government Decree of 10.09.2002 43-PP, Muscovites are prohibited from planting trees on the territory of the capital.
To avoid being fined, you need to get approval from the Department of Natural Resources of the city of Moscow. Moscow. An application for landscaping can also be submitted to the district government. Planting must not violate the rules of SanPiN 188.8.131.5245-10. Landscaping yards without a permit from the administration is punishable by a fine of 40,000 to 50,000.
A yard is a part of the city limits. Criminal penalties for felling trees, as in the case of the forest, do not apply here. But the provisions of Article 168 of the Criminal Code, “Willful destruction or damage to property by negligence,” apply. For example, if a tree falls on someone’s car or damages a power line for a power line trimmer.
Criminal liability for the careless “lumberjack.”
- a fine of 120,000;
- withholding of income or other sources of earnings for up to one year;
- 20 days of compulsory work;
- correctional work for up to 2 years;
- arrest or compulsory labor for up to 1 year;
- imprisonment for 1 year.
So, destroying trees in your yard is not a misdemeanor, but a real crime. Courts usually impose a fine or community service. Perpetrators are assigned to the territory improvement authority. they are given saplings, shovels and gloves for planting new trees. Imprisonment for such violations of the law is extremely rare.
If in the course of felling forest plantations are damaged, Article 260 of the Criminal Code is applied. according to the methodology of the Government: considerable. from 5 thousand, large. from 50 thousand and especially large. from 150 thousand. The greater the damage, the more severe the penalty. Penalty for such acts from 500,000, and a real term of up to 3 years.
Where to complain about illegal tree felling?
Hearing the noise of preparing or cutting down a tree, the occupants of the house can react. If there is a suspicion that the action is illegal. it is necessary to inform to authorized bodies.
Complaint is filed in two forms. orally and in writing. The first option allows you to quickly respond to the situation, rather than wait for the tree to be cut down and get away. A verbal complaint over the phone helps in the case of a call to the police department. You can call by phone and ask the district attorney to come to the place and check if you have permission to cut down trees near your home. If it turns out that the actions are illegal, the perpetrator will be drawn up a protocol of administrative offense.
You can contact the housing cooperative, the housing cooperative or the local administration. The complaint should be filed in duplicate. One remains with the administration, and the second is signed and stamped by the office. If the complaint is not responded to within 10 days, you can go to the regulatory authorities. For example, to file a complaint with the prosecutor’s office.
In addition, it is worth finding out whether a felling ticket has been issued and whether the cutting of trees in the yard is legal. Inhabitants of the city of Zelenograd. Call the City Hall’s telephone information service or make an inquiry to the Department of Natural Resources and Environmental Protection.
- Record the fact of the offense (photos, video).
- Call the local police or call “112.
- Report suspected illegal felling of trees in front of the house.
- Wait for the district officer and visit the place of the incident with him.
It should be remembered that reporting to the police is the responsibility of every citizen of our country. Even if the workers turn out to have permission, no sanctions are not applied to the applicant. In this case, the complaint is a civic position.
How to correctly cut down a tree in the yard?
So, unauthorized cutting of trees in front of the house is prohibited. But it happens that the tree urgently needs to be cut down. For example, it fell on power lines, the roof or trolleybus wires. What to do?
The first thing to determine the responsible body. the management company, HOA or city administration. Next, prepare an application to the management company or HOA asking them to remove the interfering tree.
Then it is necessary to hold a general meeting of the tenants of the house. Even if the overgrown tree disturbs the residents of one apartment, it is required to coordinate the cutting with the other owners of the apartment building.
Once you have your appeal form ready, you can either hand it in to the local authority’s beautification department or send it in by mail. Make sure the officer on duty signs and stamps your sample application. You should also make a copy of the copy. in case of further proceedings with MSU.
As soon as the application is registered, Rosprirodnadzor experts can be sent to the site. They will check whether the tree complies with the standards of the building code, whether the tree endangers people, whether there is a risk of an emergency situation? The branch plantation must be located at a distance of 5 meters, and shrubs. 1.5 meters from the residential building. If the standard is not met, the tree must be cut down.
How to influence the situation? Residents interested in cutting down can point out the high pile of branches. The blockage of light into the apartment or the dilapidation of the tree are also valid arguments. It is desirable to fix that branches and trunk can fall to the ground, than to harm casual passers-by or cars.
A distinction is made between cutting and crowning trees. these are different procedures. In the first case, the plantation is cut down by the root. Only the stump remains in place, but in some cases it is uprooted. Croning is the pruning of branches and parts of the trunk. The bare trunk is left behind, and young shoots begin to grow where they were cut. Such trees are left along roads, for example, so that the branchy crowns do not impede the movement of vehicles. If the tree poses a danger to utilities, it is destroyed “by the roots”.
Residents of high-rise buildings cannot cut down and plant trees in front of their homes themselves. To initiate the procedure, you need to contact the management company or the administration. Specialists do the cutting. If you destroy trees without permission, you have to pay a fine or face criminal penalties. People and their property can be harmed by illegal cutting.
Do not hesitate if your neighbor is cutting down a young tree or shrubbery. Talking or begging won’t help. You must file a complaint and defend your position in the supervisory instances. If they refuse to do so, you should call a lawyer and work with them. Ask our lawyers a question and they will answer it for free. Expert help to determine the fault and prosecute the culprits.