If the trees block the light in the apartment. When the trees got big
We will talk today about the sanitary standards of natural lighting in the apartment. The reason was questions from readers who complain about the trees growing under the windows that block the light, asking for help to cope with the problem of a dark room in the apartment.
Okay, today we’ll analyze: the reasons for a dark room in an apartment, the consequences of non-compliance with sanitary lighting standards, and what actions need to be taken to comply with natural lighting standards, for example, how to write an application for cutting a tree!
So let's get started :)
Causes of a dark room in an apartment
- shrubs and trees (most common cause)
- dark wallpaper and furniture
- lack of a balcony, or it is old
- the window overlooks the hillock (and this happens .. then the houses are located like steps)
- close adjoining to a neighboring house or building
- construction site fence
- just the "shady" or "north" side of the house
There can actually be any number of reasons for the appearance of a dark room in an apartment, and this does not make it any easier. It's just that someone can endure, turn on artificial lighting or just live in twilight.
If in the first case there will be an overrun of electricity, then in the second case there will be bad health consequences. For those who are patient, I will tell you why.
Sanitary lighting standards: consequences of non-compliance
In scientific terminology, he dug up such a thing as ultraviolet insufficiency. Yes, it turns out that although we are not trees, we can suffer from a lack of ultraviolet radiation from the Sun. Non-compliance with the norms of natural lighting is manifested as follows:
- a person begins to catch infectious diseases more often;
- vitamin D is not produced (very important for children);
- fatigue appears, you can no longer work for a long time;
- the condition of the skin worsens, its protective properties decrease;
- you begin to feel the peculiarities of the climate more sharply;
- can even lead to the progression of caries.
Maybe these are “horror stories”, but I would not advise anyone to check for themselves, and to bring themselves to such a state too. Therefore, we will consider how to eliminate the most common cause of the appearance of a dark room in an apartment - the growth of trees and shrubs under the window of the house.
For reference:
Norms of natural lighting in the apartment p.5.2. SanPiN 2.1.2.2635-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises"
Norms for planting trees in residential areas, clause 4.12 of SNiP 2.07.01-89
What can be done with a tree or shrub
- mow the crown
- sanitary saw cut of branches or parts of the trunk
- sawed down a tree at the root
You will not be able to do this on your own, because. immediately get a fine for an administrative violation! There is such an Order No. 153 of December 15, 1999 “On approval of the rules for the creation, protection and maintenance of green spaces in the cities of the Russian Federation”, that’s why they will attract you. Now many will be surprised, but every tree in the UK (ZHEU, DEZ) is on the account and is responsible for it. So, they are responsible for improper placement and care. From this we will proceed.
When can I cut down a tree (shrub)
- Endangers life and health, tk. withered
- If it grows less than 5 meters from the house (from the axis of the tree with a crown no more than 5 meters). For shrubs, this standard is 1.5 meters, and the crown should not be higher than the lower edge of the window (i.e., not higher than the window sill)
- Shades the apartment
Without the results of the survey, it’s not even worth contacting the Housing Department or the Criminal Code, because, at best, they will listen to you and let the situation go on the brakes. Therefore, before going to them, you need to "shoe".
Option number 1
Call the representatives of the SES and ask them to measure the illumination in a dark room in the apartment for compliance with the sanitary standards of natural lighting. Of course, it is important to do this in the summer, it is better in cloudy weather.
Having received a conclusion from the SES, go with him to the Criminal Code and write a free-form application with a request to cut down the tree. They will write your application to the HOA, which should hold a meeting of all the residents of the house so that they give their consent to cut down the tree.
Naturally, the decision must be positive. Be prepared for the fact that there will be opponents - nothing blocks the light for them ..
Option number 2
Contact the State Housing Inspectorate, your problem with cutting a tree is its patrimony as well. Here they themselves will conduct an examination, establish that the sanitary standards for lighting in the dark room of the apartment do not meet the standards and issue an order from the housing department (UK) to cut down a tree.
Option number 3
If a tree creates a dark room only in your apartment, rests its branches against window frames, a balcony, and knocks on glass with branches in strong winds, then you can not bother convening a general meeting of residents and try to solve everything yourself by contacting Rospotrebnadzor.
In all the options listed above, you will write not a single statement addressed to the head of the housing department, the criminal code or the DEZ, which means that the more convincing it is, the better. When we submit an application, be sure to put a note on your copy of the incoming number. An application can be considered up to 7 days, in accordance with Article 314 of the Civil Code of the Russian Federation.
You now know what norms to rely on and what to ask for, but a motive is needed, now about it:
- describe your situation, where you mention the constant lack of natural light and excessive consumption of electricity even in the daytime;
- provide certificates from the attending physician, which confirms that you (your children) are already showing the effects of ultraviolet starvation;
- write that it is impossible to open a window - the branches rest against the glass, beat against the frames during bad weather, etc.
If nothing helped
We do not forget that we live at Mother Russia on a visit, so few people will “itch” because. frankly, many don’t care about your problems (apparently, there are enough of their own). That is why you act as follows - raise the "heavy artillery":
- write a statement to the prosecutor's office, the reason is the inaction of representatives of the Criminal Code, housing department and other services. do not forget to attach photocopies of the conclusion of the SES and the application with the "incoming" from the Criminal Code
- call the "hot line" of the Government or the mayor's office of the city and pour out your soul to them. Just as thoroughly prepared.
Some suggest less humane ways to treat trees, such as watering the roots of the tree with a solution of bleach, salt, or weed killers until it withers. UC then cuts down the tree as if it were life threatening. I am against such inhumane methods, although cutting down a tree cannot be called humane either. However, let it remain on the conscience of that fool who planted a tree so close to home.
Possible costs
Yes, imagine being asked to pay a certain amount to cut down a healthy tree! In different cities in different ways, they may not ask for anything, or get by with the fact that you plant a new one, already away from home.
Options to improve the sanitary standards of lighting in the apartment
- You can use prisms or mirrors that, by reflecting or refracting light, can illuminate the room in depth.
- Replace wallpaper and furniture with lighter colors, some of the furniture can be thrown out altogether. I have visited many apartments in my city and I can say for sure that in 85% of cases the wallpaper in the apartments is dark (brown, burgundy, blue, etc.) and only 15% and most of the apartments are cluttered with bulky and non-functional furniture. Naturally, in such an environment, compliance with natural lighting standards is out of the question.
- If you have an old balcony that saw Yeltsin at the dawn of his reign, then there is a reason to update it - install glazing from plastic windows, change the frame with light colors.
Today you realized that a dark room in an apartment is not a punishment and that if you do not meet the sanitary standards of natural light, you can solve your problem. Dare!
Of course, the presence of trees in front of high-rise buildings is wonderful, they protect from noise and dust, decorate the appearance of the city, give us oxygen and are simply pleasing to the eye. In accordance with the norms of SNiP 23-05-95, trees should not be planted at a distance of less than five meters from a residential building. But where to go to cut down a tree near the house when these rules are violated? Unfortunately, it often happens that a grown tree can shade the windows of the lower floors with its crown, and branches can threaten the integrity of your windows. In this case, the desire of the tenants to get rid of the green giant who shaded their apartments is understandable and natural. It is not so easy to do this. The management company is responsible for trees growing near residential buildings, and removal of an interfering tree included in the article "maintenance of housing", respectively, you do not need to pay extra for this action.
How to achieve the removal of a tree in Moscow and the Moscow region?
First you need to contact the management company or the HOA with a statement in which the essence of the problem will be described in free form, indicating a specific, interfering tree. The answer to the application written in free form HOA is obliged to give within 10 days. It is important that if the reason is the shading of the room due to the tree, then the report of Rospotrebnadzor must be attached to the application, whose employees visited your apartment with special devices and measured the level of lighting. If the check showed that there is really little light in your apartment because of the tree, then you can add certificates from the clinic about your state of health and the state of health of the child, which may indicate nervousness and anemia, which are caused by a lack of sunlight .
If the level of illumination is not below the norm according to this report, then you will most likely be denied removal of the tree. But if you think that the level of illumination is insufficient, you can try to agree not on the complete removal of the tree, but on cutting off part of the branches, that is, to make a kind of compromise with the HOA.
In the event that the Criminal Code or the HOA did not respond to your application within the specified period, then do not give up and write applications to higher authorities: the head of the housing and communal services department, the Housing and Public Utilities Department and others.
Of course, the reason described above is not the only one, the tree may simply be old, emergency, or dry. In any case, do not engage in arbitrariness, since the fines for unauthorized cutting down of green spaces in the city are very high, and can reach several tens of thousands of rubles. Depending on what "damage" was done. You will not prove to anyone later that the tree was emergency or dry.
To diagnose the state of the tree, you can invite the specialists of the company "Pro-alpinism" , which, unlike government structures involved in landscaping, will do it as soon as possible and provide you with a detailed professional report.
Alternative solution to the problem
You can get a cutting ticket . This is a special permit issued by a government agency for the manipulation of green spaces in a particular area (including, cutting, partial removal, replanting or complete elimination).
You can get a ticket on your own at the beautification committee of your area, the department of nature management and environmental protection, or at a multifunctional center, if there is one in your city. To do this, you must write an application and submit it to the indicated authorities, the period for consideration of the application does not exceed twenty-five calendar days. And the issuance of the ticket is made within one working day.
The Pro-alpinism company, in addition to being engaged in all types of work related to green spaces (from trimming and trimming dry branches to the complete elimination of a tree), also provides services of assistance in obtaining a logging ticket in Moscow and the Moscow region.
This option is possible if you are tired of trying to satisfy your requests from the Criminal Code and decide to take matters into your own hands.
You do not have the right to refuse to provide a logging ticket if:
- The tree, for the removal of which you require permission, is sick or in an emergency, that is, it poses a danger to neighboring plantations, property, or the health and life of people.
- In the event that the specified tree or group of trees prevents the penetration of sunlight into the room.
- If the removal of the tree refers to emergency response measures.
If you have successfully received a logging ticket, you should not pick up a chainsaw yourself and cut trees yourself. It is better to entrust this difficult task to professionals so that neither property nor people are damaged during the elimination of the tree. The company "Pro-alpinism" will be happy to solve this problem for you at affordable prices and in the shortest possible time. Prices for our services
| 31.05.2011
Do not try to cut branches yourself or, worse, completely cut down the tree that covers your window. Firstly, you may be charged a fine for a cut down tree - in Moscow it is up to 5 thousand rubles. Secondly, a tree can fall on the road, on someone's garage, car, injure passers-by - and this is not only material, but also criminal liability.
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Very often, residents of the first and third floors suffer from the problem of overgrown trees that cover the windows of apartments. According to sanitary standards, tall trees should grow no closer than five meters from the wall of the house. Otherwise, overgrown the trees in front of the windows block out the light sun and cause dampness. What can be done in such a situation?
Don't engage in self-judgment
First and foremost - do not try to cut off the branches yourself or, even worse, completely cut down a tree, which closes your window. Firstly, there can always be someone dissatisfied in the house and write a statement, after which you can be charged a serious fine for a cut down tree - in Moscow it is up to 5 thousand rubles. Secondly, a sawn tree can fall on the road, on someone's garage, car, injure passers-by, break the windows of the lower floors - and this is not only material, but also criminal liability.
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What other ways are there to solve the problem?
If the house is part of a partnership or co-operative, you can arrange for annual pruning of trees in front of your windows by an appropriate service, whose services are paid from the general fund. Tree felling and delimbing are carried out, for example, by industrial mountaineering companies. To do this, you must first obtain a permit (cutting ticket) from the Department of Natural Resources and Environmental Protection. And the problem is solved, and the tree is not destroyed, and there is no need to run through many instances.
It is impossible to cut down trees on the territory of an apartment building on your own.
It contradicts in the first place.
According to paragraph 8.6.10 of this order, any person who committed unauthorized cutting of green spaces in an urban area must be charged a fine covering the cost of destroyed urban or private property.
8.6.10. For any damage or unauthorized felling of green spaces, as well as for failure to take protection measures and negligent attitude towards green spaces, it is recommended that the perpetrators be charged the replacement cost of damaged or destroyed plantings.
8.6.11. The assessment of the cost of fruit and berry plantations and orchards owned by citizens and falling into the construction zone of residential and industrial buildings is recommended to be carried out by the administration of the municipality.
Since the government has instructed the regions to determine the punishment themselves, see local regulations. In Moscow, for example, this punishment is established by the local Administrative Code.
According to its 4.18 article, an individual caught by residents in unauthorized cutting of a tree or shrub can be fined by the court in the amount of up to four thousand rubles.
Legal entities should be even more careful with this, since for them the amount of the fine reaches 300 thousand rubles.
REFERENCE. In the case of cutting down a tree on the territory of the city, the rules stipulated by article 260 of the criminal code that protect forest plantations do not apply. Therefore, according to the law, there can be no criminal liability for unauthorized sawing off within the city.
Is it possible to cut down a tree in the yard and who can do it, you will learn from the video:
Cutting down trees in the yard of an apartment building
Cutting down trees in the yard of an apartment building is a fine.
Never try to do it yourself.
If the tree turns out to be massive, it can damage someone's property or cause physical injury to bystanders.
Moreover, there are sure to be tenants who do not like cutting down a bush or tree. Therefore, at the first stage, ask the residents if the tree gives them any inconvenience. If not, do they mind if the tree is destroyed.
How to cut down a tree in the yard of an apartment building? It is advisable to immediately prepare an application to the department of your municipality for improvement. You can also send it to the management company, but it will redirect the application to the same department, which will only increase the waiting time.
Having made an application, you can collect signatures of consenting tenants.
In the application, indicate your contacts, the full name of the organization (they may vary by region). Describe the situation, indicate what exactly prevented you from the tree.
According to SNiP, a branched plantation should be at least 5 m from a residential building.
If this standard is not met, the management is already obliged to send workers to cut down the plantation..
Weighty arguments in favor of the destruction of the plantation include too high accuracy of its branches and foliage, because it obscures the light. You can point out that the tree is old and dilapidated, and its branches may accidentally fall on a passerby during a strong wind.
After that, take the application to the department you need at the municipality. Such statements are reluctantly accepted.. Often, employees pretend to lose them in order not to do their job.
Be sure to get them to put a stamp and signature of an authorized person on the application. And make a personal copy. It may be necessary to besiege the authorities of this department with complaints.
REFERENCE. It is best to send a registered letter with a statement to the management address. They won't be able to ignore it. The maximum waiting period in case of sending a letter is 3 weeks. If there is no response in time, write a complaint first to the head of the municipality, and then to the prosecutor's office.
If the application is processed in accordance with all the rules, then the workers will come and eliminate the defect. They will try to solve the problem as neatly as possible, suggesting that you simply cut the branches.
Act according to the circumstances and do not hesitate to give them orders, because the application was approved.
What will be for the unauthorized destruction of plantings?
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 person guilty of the illegal destruction of trees and shrubs must compensate for their cost precisely for the reason that new ones should appear on the site of the destroyed plantings.
It is difficult to estimate the value of such objects. Therefore, the amount of the fine will depend on how many trees were destroyed..
Each tree will be valued at about 3-5 thousand rubles. If you decide to get rid of the sore problem in the form of sheets blocking the light on your own, then it’s better not to cut the tree, but cut its branches. So you not only avoid responsibility, but also do not incur the wrath of your neighbors.
If you didn’t want to cut down the interfering planting, but your neighbor, and you consider his action unacceptable, then write a statement to the police.
Indicate the time, place and person you suspect.
Describe in detail the content of the offense. Next, the police will deal with who destroyed the plantings and why, after which a fine will be imposed through the court.
Conclusion
So, unauthorized felling of trees in the courtyard of a multi-storey building is contrary to administrative law. For this act, if found guilty, you will be required to pay a fine, which depends on the laws of your region.
The amount of the fine will go to the restoration of plantings. There is only one way to destroy an interfering object: by writing an application to the municipality at the place of residence.