Cut down a tree near the house

Trees are cut down near the house. where to complain?

The chairman of HOA cut down all the trees and bushes on the adjacent territory. How much lawfulness of her actions and where you can apply to complain about what is happening? To clarify the legality of the actions of your chairman in a particular situation, contact the division of the local authority in charge of housing and communal services. You could also signal the environmental authorities (find the coordinates in your area at your local authorities’ information booth). I’m interested in the sanitary standards for kindergarten preparatory group of 23 people (girls and boys). There are two sinks in the toilet room, and water keeps running out of one of them (the teachers make sure it doesn’t get clogged, otherwise it will be blocked). flood). Of the three toilets, one and a half work (water runs in one after it is flushed). The educators fix it and advise not to use it). The headmistress cites a lack of money to fix the. What to do? Where to go? What are the norms? Diane Diane, you are on your way. Rospotrebnadzor. It’s the authority that enforces and monitors sanitary standards and issues obligatory directives to eliminate violations. You can find out the address of the Rospotrebnadzor division in the district where the kindergarten is located through the information desk or on the Internet. Rospotrebnadzor official website www.rospotrebnadzor.Dear Readers! You can also tell your story and ask questions in our guestbook

Which authorities you have to contact?

There is no unambiguous answer to this question, as much depends on the status of the person requesting the service. This can be:

The type of service to be obtained is important, namely:

In addition, it is important to consider the reason you need to remove the tree. Therefore, it is worth considering situations based on exactly where the tree is growing.

How to cut down an emergency tree 17389

The condition of trees in the adjacent area is the responsibility of the management company. If the tree is rotten or broken, the utility company must cut it down without reminding the residents.

According to current sanitary rules, green spaces must grow at a distance:

If these rules are not respected, it is worth contacting your building management company and ask them to bring the yard into line with the requirements of these rules.

Grounds for cutting down a tree in your yard:

To cut down a tree on one of the above-mentioned grounds, you must write a statement to the management 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 managing organization must respond. Which will either name a deadline for cutting down the tree, or give a reason for refusal (the disagreement must be justified by legitimate grounds).

The management company can pay for the cutting down of 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 should be drawn up a protocol with the signature of each owner.

Cases in which it is illegal to demand payment for the services of cutting down or disposal of trees:

IF THE TREE IS GROWING ON MUNICIPAL PROPERTY

Trees that grow outside the yard are the responsibility of the landowners. For example, if the tree grows along the sidewalk, on the territory of a kindergarten or school, the municipality is responsible for it; on the territory of a private homeowner of the plot.

If it is a municipal land, i.e. the tree is located outside the area around the house, but it threatens the health or property of any apartment owner, the local administration must cover all the costs. Where to complain.

The procedure of receiving applications for cutting down trees that obstruct or break down is regulated by decrees adopted by the local municipality (local administration). Therefore, in different cities and other settlements such applications may be accepted in different places.

Grounds for cutting down a tree on municipal property:

List of places to complain:

Each municipality defines its own criteria for determining that a tree is unusable, and how it must be cut down.

Procedure for filing a complaint with the administration:

The administration creates a commission to inspect the problem tree.

If the tree is recognized as an emergency (and the criteria, we remind, may be their own in different municipalities, but usually when it is rotten, decayed, broken, not broken) make the appropriate act.

The tree is cut down and the remains are removed.

The administration has 30 days to complete the process. During this time, officials must either take measures to cut down the tree, or give a written response (According to the Federal Law On the Procedure for Consideration of Citizens’ Appeals of the Russian Federation). All work is done at the expense of the municipality.

IMPORTANT TO KNOW! The administration will also deal with the owner of a private home, on the territory of which the tree is growing, but the branches are hanging over the fence and interfere with pedestrians.

WHY YOU SHOULD NOT CUT DOWN TREES YOURSELF

Felling or sawing down small trees yourself is a complicated and dangerous process, which requires an agreement, special equipment and specific skills. Even the slightest mistake can lead to injury or property damage. The higher the tree, the harder it is to cut down.

In addition to purely technical problems there are also bureaucratic, because it is necessary to properly issue all documents, then get permission to cut down or felled. That is, get a logging ticket from the administration.

Remember that illegal cutting is a criminal offense and punishable by a fine of up to 1 million or imprisonment of up to 4 years.

Where to go to get a tree cut down in your yard?

A downed tree in the yard of a home threatens the lives and property of its inhabitants and visitors.

But the felling of trees must be carried out only with the permission of the city authorities, as it is regulated by law

In this article we will tell you where to apply to cut down the tree in the yard.

How to cut a tree legally

According to the established sanitary rules, green areas must be at least 5 meters from the house, otherwise they will get in the windows, interfere with the service lines and cause dampness in the apartment.

In order to carry out the cutting of a tree in the yard of an apartment building, not breaking the law, you must comply with established rules for the removal of trees in settlements. Therefore, to cut down a tree in the yard of an apartment building, you need to ask for support from authorized persons, depending on the organization, which includes your house, it can be the Managing Company, HOA or housing and construction cooperative.

If necessary, you can interview those residents who are also bothered by overgrown plants in front of their homes, and then record their consent in writing. An application form must also be prepared in which the cause of the problem is explained in detail and the need to remove the tree must be justified:

• Overgrown branches prevent sunlight from entering the house, leading to dampness and higher energy costs.
• The lack of daylight has had a detrimental effect on the health of the occupants (photocopies of certificates from the local hospital can be attached).
• There is a risk of injury (during strong winds branches can e.g. break windows, injuring occupants and passers-by).

A document that allows you to legally cut down a tree is called a felling permit. All information should be recorded in it:

• The number of trees and shrubs to be removed;
• Their species and size;
• The reasons why they need to be cut down (such as those mentioned above).

Authorities you can complain to about illegal cutting in your yard

According to current legislation, only organizations that have been specifically hired for this purpose by the management company can legally cut down trees in the yards of apartment buildings. In a situation where the cutting was carried out by one of the tenants unauthorized or by his hire, you can complain to the following authorities:

In the first two instances you can clarify whether the felling was not authorized by them. The district police officer must also, when summoned to the scene, check the availability of documents authorizing the production of such works. If there are none, a protocol of administrative offense is drawn up immediately. If such work caused significant damage, then a criminal case should be initiated.

Felling procedure

After receiving the application, the employees of the managing company must personally visit the specified place together with the necessary tools and cut down the emergency tree. Next, the employees of the management company must remove the felled tree outside the city.

Remember: if an apartment owner wants to cut down an emergency tree near the house on their own, they should think about the fine they will pay for such an action. And the receipt is paid both for cutting down a tree located on the common area, and on private territory. Will have to pay 5,000.

And if a company cuts down a tree on the property, they will have to pay between 200,000 and 500,000.

But remember, the final amount of the fine depends on several conditions.

In addition to the fine, the owner of the property for unauthorized felling of greenery may be imprisoned for 3-5 years.

Permission to cut down trees in the Moscow region: how to get a felling ticket

Sometimes trees in urban or rural areas become a nuisance to residents. This happens when overgrown trees block the sunlight and the degree of light in certain places becomes unsatisfactory. In addition, after strong hurricanes and snowfalls, some trees begin to lurch, and there is a danger of them falling on passersby, cars, buildings, mowing power lines. In other cases, trees interfere with the reconstruction of buildings or landscaping. Either way, you need a special permit to fell such trees, i.e. a felling permit. Read about how to obtain this document in the Moscow region and in which cases you do not have to pay compensation for cutting down trees in the material of the mosreg portal.ru.

Who can obtain a permit for felling

Permission for felling trees may be obtained for the following types of work:

• restoration of utility networks and structures after an accident;
• The implementation of the project provided for in the urban planning documentation;
• reconstruction of green spaces;
• Restoration of the normal light regime in residential and non-residential premises, shaded by trees;
• sanitary cutting (including removal of emergency trees and shrubs); restoration of landscaping (parks, boulevards, public gardens, streets, courtyard areas);
• Overhaul and current repair of engineering communications;
• dismantling of buildings;
• Engineering and geological surveys;
• installation of objects that are not capital construction objects.

How to get a cutting permit

To obtain a permit you need to collect the following documents:

• application for permission to cut trees and shrubs. In it the legal person or the individual businessman specifies the name of the organization, TIN, OGRN / OGRNIP, name of the head, and the applicant. the physical person. name, SNILS. The text of the application must also include the address of the work with the indication of the subject of the Russian Federation, urban district or construction address, cadastral number of the land plot on which the work will be carried out;
• passport data of the applicant;
• The list, where the area of work and a complete list of trees and shrubs to be cut down;
• a dendroplan (a drawing showing the contours of all green spaces).

Depending on the type of work, the following documents must be attached to the application:

• construction permit;
• territory planning design;
• warrant for the right to carry out excavation work (it can also be obtained through the portal of state services of the Moscow region);
• permission to locate the object;
• project documentation;
• the owner’s administrative document on the demolition of the building or elimination of engineering and technical networks;
• A directive from the supervisory authorities concerning the violation of natural light in residential or non-residential premises.

Permits for cutting down trees will be available from your personal account on the public services portal, as well as from MFC. In the latter case, a copy of the electronic document shall be certified by the signature of an authorized specialist with a seal of the MFC.

Payment of compensation for cutting down green spaces

For other types of tree removal work, the cost of all destroyed trees and shrubs must be compensated. It is calculated by a special methodology, which takes into account both the cost of creating green space and the cost of caring for it, as well as the value of their species. The applicant may also carry out landscaping activities as part of compensatory landscaping in place of the cut trees.

What trees can be removed from the site without consequences:

You can cut trees on your own plot without a permit, if it is privately owned.

The conditions must be met:

• There must not be any rare or highly valuable species.
• The site must not be adjacent to a forest or located nearby.
• The age of trees must not exceed a certain level (depending on the region and species).
• The number of trees to be removed must be small (1-2 pcs).
• Trees that may be removed may not be in the habitats of endangered or red listed birds and animals.
• Tree removal will not cause a negative reaction from neighbors or environmentalists.
• It is necessary to think through and implement a plan of restoration measures.

How to cut a Tree down close to a house

If any of these points are not met, it is advisable to obtain a permit before beginning felling or sawing. In this case, all responsibility would lie with those who issued the permit.

Trees of value are listed in the FALH Order This list includes 50 trees and shrubs that are prohibited from cutting.

• Apricot
• Karelian birch
• Cherry tree
• Pear
• Toothed oak
• Japanese maple
• Maksimovich’s linden
• Small alderberry, mountain ash
• Juglans mandshurica Maxim.
• Manchurian or solid fir
• Pine thick-flowered
• Apple tree
• Ash, woolly ash, etc.д.

There is no unified document regulating the relationship of the plot owner to the trees growing on his plot. For example, all trees that are not fruit trees are a priori considered to be forest trees. And these, if desired, of course, are monitored by the Forest Code. It does not matter at all whether these trees grow on forest land or any other. The status of the trees remains.

Large trees can be marked on topographic maps, as well as serve as landmarks for small aircraft.

Even if you manage to get rid of an unwanted tree inconspicuously, if you wish, the relevant authorities can prove its existence in the past through witness statements, photos, and even aerial photographs (for large trees standing alone).