Main points
- Planting trees and other plants in adjacent areas is regulated by landscaping rules and requires coordination with the balance holder or local authorities.
- The adjacent territory of an apartment building belongs to territorial communities, and for controlled use, it is worth registering a right of ownership or permanent use.
Is it possible to plant a tree near a multi-storey building / Photo Unsplash, illustrative
It is possible to plant a tree near a high-rise building in Ukraine, but this right is not provided for every resident, but is regulated by the rules of landscaping. That is, unauthorized planting of plants can even be considered a violation.
What are the rules for planting plants in the courtyards of high-rise buildings?
According to the Law of Ukraine on the Improvement of Settlements, green spaces, such as trees, bushes, etc., in adjacent territories are part of the improvement objects to which certain rules apply.
That is, it is forbidden to plant any plant without permission. In order for residents to plant a tree, they must coordinate this with the balance sheet holder (OSBB, ZhEK) or local authorities. After all, it is the local authorities that make decisions about pruning branches, cutting down trees, or transplanting green spaces.
In addition, unauthorized plantings of trees, shrubs, or other green spaces may be removed due to landscaping violations.
- Instead, the protection, maintenance, and restoration of green spaces at landscaping sites, as well as the removal of trees that have grown by self-sowing, are carried out at the expense of state or local budgets, depending on subordination.
- And on land plots transferred into ownership, provided for permanent use or leased – at the expense of their owners or users.
Who owns the adjacent territory of an apartment building?
It is known that the land under an apartment building belongs to territorial communities (the state or the city). Apartment owners have the right to use it, but do not always have ownership rights, writes Noviny.live.
Thus, if a condominium association is created, it is worth registering ownership or permanent use of this plot. If these documents are not registered, then the adjacent territory is conditionally considered a draw.
Residents of a building who have the right to property can control the development around the building, prevent the installation of MAFs or other high-rise buildings, etc.
What is included in the adjacent territory: this is the land around the high-rise building, including driveways, sidewalks, green areas, playgrounds, etc.
Who owns the land under a private house?
-
Ukrainian legislation establishes the principle of unity of the house and the land beneath it. Thus, the right to the land automatically passes to the owner of the property: when a person acquires ownership of a private house, he also receives the right to own or use the land plot where this house is located.
-
The right to a land plot under a house can be obtained in various ways, including through purchase and sale, donation, inheritance or privatization. Foreigners and stateless persons can also acquire rights to non-agricultural land if they purchase real estate on this plot.