Main points
- According to DBN B.2.2-5:2011, the height of the fence on the border of neighboring plots should not exceed 2 meters, and on the street side – 2.5 meters.
- Landowners must choose uses that cause the least inconvenience to neighbors, otherwise neighbors may go to court.
What kind of fence should there be / Photo ars-longa.com.ua
Often, good neighborly relations are spoiled because one of the neighbors decides to install a fence that is too high on the border of the plots. However, the height of the fence is regulated by law and must be observed when installing the fence.
What is the height of the fence required by law?
Lawyer Yuliya Yurchenko told Channel 24 that it is allowed to fence off homestead plots from the side of streets and neighboring plots. However, the height of the fence should not exceed the norm established by law.
Yulia Yurchenko
Lawyer at the law firm “Maxim Boyarchukov and Partners”.
The Resolution of the Cabinet of Ministers of Ukraine No. 406 of June 7, 2017 approved the List of construction works that do not require documents giving the right to perform them, and after the completion of which the facility is not subject to commissioning. According to paragraph 6 of the specified List, the construction of temporary buildings and structures on a land plot without the installation of foundations, including fences (regarding individual (manor) residential buildings, garden houses, summer houses) is permitted without permits.
According to the lawyer, the legislation provides that the construction of temporary buildings and structures on a land plot without installing foundations, including fences (regarding individual (manor) residential buildings, garden houses, and summer houses) is permitted without permits.
Important! According to clause 6.7 of DBN B.2.2-5:2011 “Land Development”, the height of the fence in the estate development should be no more than 2 meters on the border of neighboring plots and no more than 2.5 meters from the street side. These norms are established to ensure regulatory insolation and ventilation of adjacent territories.
The fence should not interfere with the neighbors.
In addition, the Land Code of Ukraine stipulates that owners and land users of land plots must choose such methods of using land plots in accordance with their intended purpose, which cause the least inconvenience to owners and land users of neighboring land plots (shading, smoke, unpleasant odors, noise pollution, etc.).
If the installed fence objectively violates the rights of the owner of the neighboring land plot, and the fence does not meet the above legal requirements, the latter may go to court to protect his rights.
Please note! Yulia Yurchenko emphasized that when installing a fence, the rights and obligations of all owners must be taken into account, as well as the relevant legal norms must be observed in order to avoid conflict situations with neighbors in the future.
How to privatize land in a cooperative or garden society?
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To privatize land in a cooperative, you must be a member of a horticultural society or have documents for actual use of the plot.
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It is necessary to collect an application, a certificate of membership, a cadastral plan, an extract from the land register, and submit documents to the local council to register ownership.