Barriers are a familiar attribute of the city’s infrastructure, which is a road barrier before entering state institutions, private property, warehouse complexes, commercial enterprises, courtyards of residential buildings. The installation of a barrier in the courtyard of a residential building allows you to save a parking lot, restricting entry to foreign cars.
Legally - or not?
Without coordinating the installation of the barrier with the fire department, its installation will be considered illegal. The fire department will require 24-hour free access to the building, therefore, to control the barrier, a special duty post should be provided or this action should be the duty of the doorman.
It should be noted that the transport of the fire service, if necessary, can easily overcome the barrier by breaking the barrier. And with the illegal installation of a barrier in the courtyard of an apartment building, compensation for the restoration of the device will be impossible to obtain.
If the entry limiter is installed on the territory of the local area without the consent of the law, after a planned inspection by the Ministry of Emergencies, this will entail dismantling it with a fine. Legal installation is not very easy, but further operation of the barrier will not cause problems.
Law requirements
The land allocated for a residential building is an object of shared ownership (Article 36 of the RF Housing Code), which gives grounds for registering property by the meeting of owners to form a local area.
According to article 15, according to the rules of the SDA, fences that restrict road travel are prohibited. Therefore, before obtaining permission to the barrier, you must make sure that the proposed site is indeed a local area.
If the residents of the apartment building decided to install an automatic barrier, they will have to perform the following actions:
- Organize a meeting of owners to determine the area of the site for the entry limiter and its official registration.
- Contact BTI and relevant local authorities to register the land area and carry out its cadastral registration.
Conditions
Conditions for installing the barrier in the courtyard of a residential building:
- Written consent from half of the residents and more. If the number of those who agree does not exceed 51%, it is better to record those who have refused the services of the limiter, if they are engaged in the recovery of their rights or new circumstances arise on the issue.
- Documents for government agencies to install an entry limiter:
- protocol of the decision of the owners;
- technical installation project;
- Schematic plan of the yard with a barrier.
The listed documents must comply with the fire safety requirements, including the connection of electricity, if it is planned to operate the device from it.
With the registered ownership of the site, the next step is the coordination of the rights to install the barrier with the involvement of the Ministry of Emergencies, traffic police, housing and communal services. An authorized representative on behalf of the residents submits a request to the listed government agencies.
Requirements for the automatic barrier system:
- Residents should have free access to independent control of the barrier and the possibility of passage with a pram.
- Before installing the barrier, you need to select the person responsible for the operation of the device. He is given a key, so that in case of a malfunction, he could provide entry if necessary.
- Lightness matters for the material if you have to open the barrier manually.
- The presence of a blocking mechanism for the movement of the arrow, if there is a person under it.
If all the organizational moments have been successfully passed, there is a good reason for installing a barrier in the courtyard of a residential building.
Requirements of the authorities
It is important to consider that there is no clearly defined list regarding the installation of a barrier in the courtyard of a residential building, so city authorities may impose additional conditions.
Equipment will cost relatively cheaply (from 40 thousand rubles), and for this reason tenants need to carefully consider compliance with all requirements and conditions so that there is no need for moving the barrier or its expensive dismantling.
To challenge the illegal installation of the barrier, you need to send a request to the district administration, contact the traffic police, the Ministry of Emergencies. The entry limiter should not prevent the exit to the city street, as well as block the public passage.
Penalty and dismantling of the barrier
An arbitrarily erected barrier can be demolished without complaints from people who are not interested in it. The state inspection constantly checks yards and streets. And if violations of the rules for installing the barrier in the courtyard of a residential building are detected, the authorized bodies issue an order for its dismantling. Those responsible for the installation are required to bear administrative punishment. If the barrier was not demolished as prescribed, the city authorities are authorized to go to court.
After the execution of the fine (from 2 thousand rubles for individuals, up to 10 thousand rubles - official and up to 150 thousand rubles - legal), the barrier can be eliminated.
Additional terms
If technical services are located in the yard, they need to obtain permission to block free passage, attach it to the main package of documents, and then go to the authorized bodies.
If a barrier is planned to block several entrances at once, then before obtaining permission from local self-government, it is necessary to take an agreement from each of the interested participants. If during the operation a complaint is received from those who have forgotten to take into account, the structure will be demolished, and no compensation for the cost of the barrier is foreseen.
The city administration can change the location of the barrier if landscaping is necessary, as well as dismantle it. Funds spent on its installation will be returned to the residents. But the barrier will not necessarily be demolished if you file a petition to revise the plan and create an alternative.
If the tenant is interested in the question whether the installation of a barrier in the courtyard of a residential building is legal or not, you should first contact the traffic police or the Ministry of Emergency Situations, a civil service body that will check for installation permits and make a decision on its legality or illegality.
Types of barriers
The choice of limiter depends on the intensity of movement and the requirements for the design itself.
The mechanical barrier is economical, characterized by manual control, but it requires a responsible person to control it. The owner of the car is able to open and close the barrier on his own, but it takes time and brings inconvenience.
A mechanical barrier is made to order: it can be vertical, horizontal and individual parking. Its installation is carried out by concreting, fixing on anchor bolts and is closed with a padlock. The lightness and compactness of the mechanical limiter simplifies installation and dismantling.
The automatic barrier is distinguished by functionality, durability, convenience, modern design, as well as the type of drive - hydraulic and mechanical, which affects the speed of work.
The hydraulic drive system retains functionality at low temperatures, and relative to other features, the characteristics of the drives are similar.
The automatic control type allows you to send a signal using a radio channel, proxy card, button, keyboard, mobile phone. If for any reason a power failure occurs, the barrier can be controlled manually.
Intensity, speed
The choice of device relative to the intensity depends on the strength of the flow of vehicles in the area. For a small parking lot, it is not advisable to order a highly functional traffic limiter; an intensity indicator of up to 80 percent is quite suitable.
If the barrier overlaps a considerable width, it will take longer to raise the boom, so it is possible to have two overlapping arrows on each side.
Backlights, LED lamps, signals and other additions will increase the operational properties of the barrier.
Installation
The installation process involves marking and preparing the site as the basis for a concrete foundation. Then the site is poured with concrete and a rack with an arrow is installed.
Preparatory stages:
- cleansing the territory of plants, wires, various obstructing objects;
- the length of the locking frame must be proportionate to the width of the territory;
- preparation of the base for a column with a depth of 1 meter;
- preparation of a recess for the foundation;
- installation of a square metal mortgage in the recess and its filling with concrete;
- assembly of the fence in accordance with the instructions;
- coating the barrier with anticorrosive agents and painting (the arrow is painted in bright colors).
Controversial issues
If, as a result of a meeting of owners, a decision was made to install a barrier in the courtyard of a residential building in compliance with the requirements of the RF LC, then it also applies to owners who did not participate, therefore, these persons are required to pay for the installation.
If the barrier is established on the basis of fewer votes than two-thirds, then the decision can be appealed in court.
If the new owner of the apartment is to use the barrier, the cost of installing the device should be borne by the previous owner of the apartment, from which the keys to the barrier must also be transferred to use the new one. In the absence of keys, he receives them from the chairman of the council of the house, and the issue can also be considered in court (Article 304 of the Civil Code of the Russian Federation).
Perhaps, in order to save time and avoid mistakes, it is worth entrusting the organizational work of installing a barrier in the yard to professionals - intermediary services dealing with such issues.