How to legally cut a tree outside an apartment building
Trees near the house
Recent questions “trees by the house
Hello!! a water canal in the courtyard of a residential building broke, cut down a tree and 3 acacia bushes, referring to the fact that there is a water supply system, but during the time that I live in this house, or rather, since its construction, they have never dug there in my life! Tree and shrubs.
Good day. Please tell me. I bought a house, on my (private) territory there is a huge poplar, which is dangerous for me and my house has a branch lying on the wires. Is it possible to somehow force the Administration to force him to cut it down. On the statement about the cut.
A neighbor planted a tree, a walnut. For 10 years, the tree has grown enormous. branches during the wind beat on the wires of the e-line. transmissions from my house to the post of the main municipal line. the tree grows on municipal land. Who needs to saw off.
As directed by local authorities: there was supposedly a meeting at which it was decided and decided to collect signatures from the residents for and against, as well as invite dendrologists (what?). And as a result, illegal felling of trees was carried out. Knocked out.
Hello gentlemen lawyers. I live on the first floor. The following situation occurred. While at home, watching TV outside the window, I suddenly heard the sound of a working chainsaw, going up to the window I saw the following picture. 2 workers cut down 3 trees (diameter.
Hello! next to my summer cottage (at the very gate) a birch tree was cut down, which I planted myself. The chairman of SNT motivated this by the fact that during a hurricane in the Moscow region on May 29, 2017, she swayed strongly. The birch after the hurricane did not break and nothing.
Good afternoon, Please tell me what to do in the following situation. We own a house and a land plot, next to the building of the former veterinary laboratory, on the territory of which there are many trees, including poplars. Yesterday was strong.
A neighbor planted spruce trees near a dirt road. What should be the minimum distance from the road when planting spruce.
Good morning. Can I make my neighbors cut down a tree (a huge bird cherry 6 meters high or more in several trunks), which grows close to the fence between our plots. On requests to cut down at least the branches that hang over my site.
Is it legal to cut down standing DRY trees in the forests near Moscow? As well as fallen dry trees. For seasonal logging. The volume is approximately 2-3 cubic meters. Only dry trees are interested! Indeed, in this situation, logically, I.
Good afternoon, A neighbor across the street cut down a tree near my fence. Earlier, he completed the second floor of his house and invited the brigade to cut down a tree near his house, and then arbitrarily gave the command to cut down my 7-9 acacia tree.
Good day! A coniferous tree was planted next to a multi-storey building in violation of the planting norms approved by the ORDER of the State Construction Committee of the Russian Federation from 15-12-99 153. What liability for this may be provided?
Hello! Almost all healthy trees (maple, birch) were cut down at the front of the house on one side from the front doors. At the same time, the other side of the house was not touched. The announcement was hung the night before, late in the evening. (About the sanitary.
Good day. Moscow, a one-room apartment, a maple tree grows in front of the window (about 4 meters from the foundation) and blocks out all the light. Tell me how to act and where to go to cut it down? thank!
How to legally cut a tree?
In connection with the dangerous ecological situation on the planet, states protect nature and the green spaces that are part of it. Our country is no exception. It is important to maintain cleanliness and take care of the environment, but there are situations when it is necessary to remove a tree or its branches, as they threaten others.
There are several reasons for cutting a tree or its parts:
- The tree or branches threaten to fall on people, buildings, structures, vehicles, etc.
- The tree is infected with diseases and threatens to spread to other plantations
- The tree has a dense crown and does not allow enough sunlight to pass through
- The tree or branches are dry and in danger of falling
- A tree or branches interfere with the laying of communications
- Tree or branches tangled in power lines
These reasons can become the basis for cutting a tree in whole or in parts. We will consider several cases of tree sawing or crowning, depending on the belonging of the tree’s growing territory.
The tree can grow on:
- Own plot
- Leased plot
- Plot owned by other persons or organizations (neighbors and firms)
- Municipal and state sites
To avoid fines, you must legally book and cut trees
Permit problems: Cutting down a tree
Cutting a tree in your own area
When you decide to cut a tree in your own area, you need to get a felling ticket. This does NOT apply to fruit trees and bushes in the form of apples, currants, etc. We are talking about maples, poplars, birches, etc. The trees of rare species and included in the Red Book are closely monitored. You won’t be allowed to cut such a tree.
So, when it became necessary to remove a tree on your own site, you need to contact the local authority for the protection of green spaces and get a felling ticket. It is necessary even if you planted this tree yourself, since the tree belongs to the green spaces of your settlement.
There are regions where documents are not required, and you can dispose of green spaces within your site as you like. To do this, you need to find out if your region is of this type. If not, then before receiving a felling ticket, you will have to pay for an examination to remove the tree.
In case of unauthorized sawing of a tree, the violator faces a fine of up to 70,000 rubles, depending on the region and the tree. And in cases with rare breeds, criminal liability is also possible.
Even on your own site, you need a felling ticket
Cutting a tree on municipal or state land
This includes cutting down trees in the courtyards of residential buildings or offices. For example, a tree is dangerous and hangs over the playground. In this case, the saw cut will be carried out on municipal land.
In order to cut down such a tree, you must contact the management company, if there is one. The management company, in turn, receives a felling ticket and is engaged in the removal of branches or the entire tree at the expense of funds received monthly from the residents of the house.
If the management company does not exist or if it ignores the statements about cutting the tree, it is necessary to contact the local utility authority. If there is no reaction from there, then it is already worth writing a statement to the prosecutor’s office, which will oblige, after examining the accident rate and danger of the tree, to cut it down or remove dangerous branches.
Accidents occur if trees are not cut in time
Cutting a tree in a leased area
When cutting trees on a leased plot, the participation of the lessor is required. The documents for obtaining a felling ticket will be almost the same, with the exception of some additional documents.
Such documentation includes a power of attorney signed by the owner of the site and an application for a permit for cutting green spaces from the owner of the site.
The procedure for obtaining a felling ticket is simplified if the lease agreement specifies that the tenant has the right to dispose of green spaces at his own discretion. In this case, all applications can be made on behalf of the tenant.
Talk to the landlord to cut the trees
Sawing or trimming a tree in an area owned by third parties or organizations
Simply put, this is a case when the branches or tree of neighbors threaten or interfere with you, or the buildings on your site. It often happens that a tree planted on the border of plots grows to such an extent that its branches and roots sprout into the adjacent plot.
In some cases, this can interfere or threaten a danger, for example, if the branches of a neighbor’s tree have dried up and may fall on you or your property.
You will not be given permission to cut it personally, so all issues need to be resolved with neighbors. First of all, just talk to them, if the neighbors answer negatively, then you need to send a letter of claim by mail, with personal delivery to the recipient.
If after that no action is taken to solve the problem, then it is necessary to describe the application to the prosecutor’s office, which will oblige the neighbor to trim or remove the tree.
In any case, the cutting of a tree should only take place after receiving a felling ticket, which is a kind of permission to carry out removal or filing.
Sometimes it happens that on the acquired site there is a tree that interferes with construction or planning. In this case, the procedure is slightly different from the one described above. In order to knock down a tree during construction, you need to collect the following package of documents:
- A statement to the authorities from the person who organizes the construction;
- Work permit;
- Land ownership document;
- Site plan where trees will be marked;
- Conclusion of ecologists about the project;
- A copy of the felling agreement with a licensed organization;
- Acts of replanting plantings and cutting down trees;
- Landscaping or beautification project.
In an apartment building
To cut down a tree in the courtyard of an apartment building will require not only desire, but also a good reason. This may be due to the following factors:
- The tree is emergency, poses a threat to residents;
- The tree has grown and poses a threat to communications;
- The tree has grown and is too close to the house;
- The tree closes the windows, which creates insufficient illumination in the room;
- The tree spoils the view of the yard and most of the residents agree with you.
Is it possible to cut a tree in the yard?
Quite often in the courtyards you can find old or overgrown trees that can threaten both the residents themselves or bystanders, and property. Because of this, residents often face the question “How to quickly and correctly cut down a tree in the yard?”.
Many citizens think that trees growing in yards do not belong to city property, but this is not true. They are part of the green space, and the residents of the house cannot cut them down on their own, even if they know how to do it correctly. In this article we will talk about how to properly cut down a tree that grows in the courtyard of an apartment or private house.
Where to go to cut down an emergency tree
In order to cut down a tree in the yard, you need to either ask the local authorities for help, or obtain the appropriate permission. over, for each situation requiring the removal of vegetation from the site, there is a procedure. And if in an apartment building a tree can be cut down for you, then you will have to cope with a tree in your personal plot on your own.
What to do in case of illegal logging
Now let’s look at the situation from the other side and answer the question “What to do if another tenant of the house or a neighbor on the plot conducts illegal felling of trees that creates a threat?” In such a situation, it is better to contact a neighbor and demand that he stop work until he receives a permit. this is often very useful, since often citizens simply do not know that a permit is needed. If he refused to do this, then you can turn to government services for help. To begin with, you can contact the house management with a statement, but, as a rule, this is very long and ineffective, since the issue will be resolved for too long.
In the event that it is difficult to stop the work, we recommend contacting the police. Remember that cutting down trees is only a seemingly minor offense. In fact, this is a serious crime, for which in some cases you can get a sentence. In addition, the police should be called even if you witness illegal harvesting of trees.
When you can cut it yourself
To begin with, let’s answer the question “When can you cut a tree yourself without asking permission?” This is only possible if you want to cut a tree in a private house. In this case, you can cut fruit trees almost without restrictions (the only remark is that cutting down should not interfere with other people). But if another tree is located on the territory of your site, which was located there even before the development of the site itself, in order to cut it down, you will need to ask permission.
In a private house
Cutting a tree at a summer cottage is a little more difficult. The conditions for carrying out the work remain the same as the statement above, but you will have to contact the dacha cooperative to which the site is assigned. If the site is not part of a cooperative, the district government will accept your application. But the tree itself will have to be cut at your own expense. If you are granted permission, you can remove the tree yourself, but in most cases you will need to hire a specialist. Fortunately, it is not too expensive. about a thousand rubles will be charged from you for one tree.
Fines and other penalties
Let’s move on to the punishment that awaits those who illegally cut down trees. It can be either administrative or criminal. it all depends on the severity of the harm done to the environment.
Let’s start with an administrative fine, which is most often issued to citizens for “amateur performance”. In this case, it is difficult to give an exact figure, since its size can vary greatly from case to case. The following factors affect the total amount:
- Regional legislation;
- The amount of damage caused;
- The severity of damage to the environment and the appearance of plantings.
Criminal liability for felling is stipulated by Article 260 of the Criminal Code of the Russian Federation and, as a rule, ordinary citizens are not threatened with it. But it still needs to be mentioned, as it gives a more accurate picture of logging as an offense. It has three parts:
- Part one of Article 260 of the Criminal Code of the Russian Federation considers the complete felling of trees or their damage up to the cessation of growth, committed on a large scale. For such a crime, a fine of up to 500,000 rubles is provided, up to 480 hours of compulsory labor, up to 2 years of correctional labor, up to the spirit of years of imprisonment;
- Part two of Article 260 of the Criminal Code of the Russian Federation considers the same act committed by a group of persons, an official. The punishment will be a fine of up to 1,000,000 rubles, up to 4 years of forced labor, up to 4 years of imprisonment;
- Part three of Article 260 of the Criminal Code of the Russian Federation considers the felling of trees on an especially large scale. The punishment is correspondingly severe. up to 3,000,000 rubles in a fine, up to 5 years of forced labor, up to seven years in prison.
Which tree species should not be cut down?
It is possible that the tree you need to remove belongs to a valuable species, then cutting it down will be prohibited by law. But there are some cases in which this action becomes possible at the legal level. These can be various reasons or sanitary conditions.
Rare relic plantations are attributed to the number of valuable species. those that are listed in the Red Book and valuable biological resources.
The legislation of each settlement may indicate which trees are prohibited from destruction or allowed, but subject to a limited number.
Provided that you manage to obtain permission from the administration of your locality, this will be a legal action.
If you have a need to get rid of a large number of trees, then you will need to issue a felling ticket, but keep in mind that you will need to pay a rather large amount for this separately.
Basic concepts and terms
It is important to distinguish between a number of concepts that seem similar but have a number of differences. First of all, it is necessary to establish the difference between a felling and a cut of a tree.
A log house means the elimination of a tree with the help of non-automatic tools, that is, objects that are set in motion by physical force. For example, with an ax.
Cut, in turn, means the elimination of something using drive mechanisms such as an electric saw.
There is one more activity that can be carried out on a territory not belonging to a resident. this is pruning. Prune a tree. eliminate a certain interfering part. For example, cut off several branches blocking the view.
All of this is regulated a little differently. Let’s figure out what needs to be done to eliminate unnecessary trees from the local area.
In what situation you can cut a tree yourself?
Before you cut down a tree, be sure to check the town planning plan, find out if this territory is not your property legally, and you also need to find out the type of tree that you are going to cut down.
If there is a possibility that a tree may fall on houses, roads or catch wires, causing material and physical damage, it will be much easier to obtain permission to cut it.
To perform this action, even if the site is your property, you will definitely need permission from the administration of your settlement or a felling ticket, which you will have to additionally purchase.
But if you still decide to take risks, you can proceed to action, understanding all the consequences, if:
- the site is your property;
- trees are not marked on the plans of this territory;
- if the tree falls, it will not cause material damage;
- you brought the neighbors up to date and they gave their consent;
- you only need to cut a few trees (no more than 2 trees).
If you work quickly, the likelihood of successful completion increases. Do everything as little as possible: immediately remove the stumps and remains of the tree after felling. But also remember that you can use the services of professionals in this area. You decide whether to cut dead wood or not, but be sure to keep in mind that the territory may turn out to be legally alien.
Who is responsible for cutting trees in the local area
property in good condition is the responsibility of its owner. Therefore, when looking for persons responsible for caring for the territory near the house, you need to find out who owns this territory.
The answer to the question of who should cut down trees in the adjoining territory of an apartment building is simple:
- If the land belongs to the residents of the apartment building, then it is carried out by the Criminal Code or HOA chosen by them.
- When a territory belongs to a municipality, the responsibility for its maintenance falls on the appropriate administration department. It can be called by different names, for example, the department of landscaping and beautification.
Often the question also arises of who should cut down trees in the adjoining territory of a private house. Responsibility for private territories lies with their owners.
Therefore, work on the care of the land, cutting down trees, if necessary, is entrusted to the owners of private houses.
Where to go for felling
The cutting of trees in the adjacent territory of an apartment building must be carried out in a special order. Residents of the apartment, who are hindered by overgrown trees, cannot independently cut down plants near the MKD. In order to solve the problem, they need to apply for cutting to the authorized body.
After all, the adjacent territory belongs to the property common to all residents of the house and must be kept in order. In the absence of a Criminal Code, residents turn to the HOA created in their house for help.
A person who wants to cut down trees writes a statement to the Criminal Code or HOA. It contains the complete data of the applicant, the essence of the problem, the request to cut the plant, the grounds for its satisfaction. According to the current sanitary rules, green spaces should grow at a distance:
- at least five meters from the tree house;
- at least one and a half meters for shrubs.
If they are located at a closer distance, the illumination of the premises may decrease. In addition, plants can be dilapidated and pose a threat to the occupants.
You can invite Rospotrebnadzor employees to confirm the fact of violation of sanitary standards. If the Criminal Code or HOA did not respond to the application, then you can address it to the local administration. If these organizations fail to comply with the legal requirements of residents, it is also possible to refer the issue to a court.
Where to contact?
This is one of the most important questions when you start to act. If you need to destroy or slightly shorten the trees growing near houses and are haunted by you, you need to contact the management company.
An application is required to be sent to her address, in which you need to indicate:
- House address;
- Apartment address;
- Full name and a number of other contact details;
- The reasons why a saw cut, felling or cut is required;
- Which tree should be removed.
This application must be answered within 10 working days.
If there is not enough light in the room due to the tree, then you need to resort to the help of another commission. You need to call Rospotrebnadzor to study the room.
This commission will determine whether there is really a lack of lighting in the room or whether it is the paranoia of the resident. They will rely on clear regulations to make this conclusion.
If they make a positive decision, then a written copy must be attached to the application to the management company. After that, the sawing or cutting of the tree will already be carried out.
Naturally, there are times when companies don’t even try to fix something. Then you just need to contact a higher authority. For example, to the main department of housing and communal services. They also write a statement in free form.
Indicate the following in it:
- Basic contact details;
- About that tree, which interferes with life, grows in the local area and requires a saw cut;
- How the management company defaults on its obligations.
The application should refer to one of the provisions of the legislation.
According to the Building Code, trees in the local area cannot grow closer than 5 meters from the house.
If no one answers you you will have to go to court. In order for the case to gain momentum, a collective complaint should be written. To do this, collect the signatures of neighbors and send a complaint. After the trial, the problem will probably be fixed.
A certain group of skilled workers will be sent for a log or saw cut, who will fix the problem. This team must cut or trim the tree in full compliance with the law. The state cannot allow the tree to be cut down personally.
On your site
Government Decree No. 14 of 11/05/1998 # 171, On the Practice of Application by Courts of Legislation on Responsibility for Environmental Offenses # 187, notes that cutting down or damaging plantings on the territory of forest and water resources will be considered criminal actions.
At the same time, the subject of environmental crime is not:
- trees and shrubs growing in agricultural areas,
- on personal and summer cottages,
- windblown or storm-broken plants, unless otherwise provided by local laws.
Accordingly, cutting down plantings on the territory of a private plot will not be considered a crime if local legislation does not provide for it.
Utilities in questions and answers
Homeowners need to know
Dear Readers! I want to talk about everyday issues. Who and how should cut a tree in the yard, who is responsible for cleaning the local area and when is the best time to insulate in order to keep warm in the apartments?
A resident of house 8 on Ostuzheva street turned to the Voronezh administration for help. She lives in a five-story building. At the time of the visit, two huge trees as high as an eight-story building were growing next to the house.
This is a violation of urban planning norms: trees are located at a distance of less than one meter from the wall of the house. In addition, the roots were under the wall of the house, in fact, in the basement, and if such a giant fell, how many troubles he would have done! The swinging hulks caused fear among the inhabitants.
Dry falling branches can cause a lot of trouble and trouble.
Who cuts and saws and how?
First of all, you need to find out who serves the house on the territory of which dangerous trees grow. In our case, the administration of the Zheleznodorozhny district came to the rescue, which obliged the service organization to carry out the necessary work.
The adjoining territory of the above house has been registered with the establishment of the boundaries of the land plot. In accordance with Article 36 of the RF LC, a land plot with green spaces, elements of landscaping and landscaping is part of the common property of an apartment building.
The management company is responsible for the common house property of the MKD and is obliged to comply with the rules for the improvement of the territories of the urban district of Voronezh.
These rules stipulate that in relation to green spaces, the entire range of maintenance measures must be carried out, including pruning and removal of dry and emergency branches and trunks of trees and shrubs, mowing lawns and shrub vegetation, removing weeds, waste from green areas, etc. d.
To tidy up the green area of the courtyard, residents of an apartment building must apply to the management company.
In the application, you must indicate the number and exact location of the trees that need to be cut down or booked. An employee of the Criminal Code will go to the place and fix the objects in the inspection report, take photographs and send an application for filing to the city administration. The decision on filing is made in accordance with the City Greening Rules. Refusal is possible if the tree species are valuable.
In case of a positive decision, the management company will put your application in the current improvement plan. The work is usually carried out by a specialized contractor. The duration of sawing green spaces in one yard depends on the complexity of the task, the number of trees and weather conditions.
The work on the removal of trees located near the house of the above-named applicant has already been carried out by the management company. Removal of felling residues made.
Who cleans what?
Now let’s find out who should clean the adjoining territory? The owner of a premise in an apartment building is obliged not only to bear the costs of the premises belonging to him, but also to participate in the costs of the common property of an apartment building by making a payment for and repairing the residential premises.
According to the Rules for the maintenance of the common property of an apartment building, which were approved by Decree of the Government of the Russian Federation of 13.08.2006 91, the work includes cleaning and sanitary and hygienic cleaning of common areas, as well as the land plot to which the adjoining territory belongs.
The owners of the residential premises own the adjoining territory, which is the common property of the apartment building.
How to Cut Down a Tree Near Your House or A Building
What it takes to cut a tree outside an apartment building?
Home »Answers to readers’ questions» What is needed to cut down a tree near an apartment building?
Izhevsk, Udmurt Republic
There is an old, rotten tree in the courtyard of our apartment building. We are afraid that one day it will fall and cause a lot of trouble. When we turned to the management company with a request for its log house, we were told that the residents of the house should make the decision.?
In the city Department of Natural Resources and Environmental Protection, we were told that in order to cut down a tree, you need to get a felling ticket. Such a ticket will be issued only if the general meeting of owners of premises in an apartment building accepts the cutting down of a particular tree. The meeting is held in accordance with the procedure established by housing legislation (clause 6.1 of section 2 of the administrative regulations of the municipal service “Issuance of felling tickets and (or) permits for transplanting trees and shrubs on the territory of the municipal formation“ City of Izhevsk ”, approved by the Resolution of the Administration of Izhevsk dated 26.06. 2009 No. 576), as well as in accordance with the requirements of Art. Art. 36, 44, 46 of the Housing Code of the Russian Federation.
If you have any questions, ask them in the form below, we will answer as soon as possible.
Dear readers of our site! Our articles talk about typical ways of solving legal issues, but each case is unique.
If you want to know how to solve your particular problem, please contact the online consultant form on the right. It’s fast and free! Or call us by phones:
Moscow, Moscow region
Saint Petersburg, Leningrad region
Federal number for other regions of Russia
If your question is voluminous and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically on your problem. Write! We will help you solve your legal problem.