In town planning for several centuriesrooted such a thing as the red line of the street. This definition is often found today in the preparation of documents of the right to property or during construction. Therefore, to understand the essence of the red lines of the street, and what they influence, should be everyone who decided to engage in the construction or registration of rights to land, buying real estate.
The red line of the street or passage is the territorywhich defines the existing or planned boundaries of public land. They can be located power lines, communications, communications (pipelines, linear cable structures), as well as highways, roads, railways and other similar objects.
Состав и величина поперечного профиля может быть different for the same street or road categories. The main elements of public areas (roadways and bicycle lanes belonging to them, tram tracks, dividing lanes, pedestrian crossings) and their size depends on the traffic on the road and its intensity. This factor is also called bandwidth. The boundaries of the red line of the street separate the public areas from the land plots allocated for construction by individuals. This feature separates streets, lanes, passages from urban, residential neighborhoods.
Красные линии дорог и улиц определяет Town Planning Code of the Russian Federation (GC RF). According to subparagraph 11 of Article 1 of this document, such borders should be understood as a line that defines the territory in the use of an unlimited circle of persons. These can be squares, streets, driveways, squares, embankments, boulevards, etc.
The red line of the street is a piece of land enteringin the composition of the documentary planning of the territory (Chapter 5 of the Civil Code of the Russian Federation). It is contained in the master plans, diagrams and maps of the present and planned boundaries of the zones of the city.
The width of the red lines of the street determines the configuration of the boundaries of land objects. This is stipulated by paragraph 7 of article 36 of the Land Code of the Russian Federation (RF LC).
The distance of these street fences determinesInstructions on the design and establishment of red lines in cities and other settlements of the Russian Federation. It operates in accordance with the approval of the Resolution of the State Construction Committee of the Russian Federation No. 18-30 of April 6, 1998, which does not contradict the Civil Code of the Russian Federation.
Red line of the street, the distance of whichregulates the SNiP RK 3.01-01-2008 "Urban Planning", determines the indicators of development of residential, public and business areas. This document states that structures and buildings should be located in the territories designated for the respective construction. They are outside the red lines, respectively, with the projects of settlements.
Planning of red lines is carried out with a view to ensuring the free passage of fire engines, engineering networks inside the sites and other objects.
Residential and public buildings dispose ofindent from designated areas. The width of the street in the red lines is determined by taking into account the distance from them not less than 6 m for highways and not less than 3 m for residential areas.
According to the documents presented above, the immovable property should not go beyond the boundaries marked with red lines, and also should not cross them.
If the building or land still crosses the line, it turns out to be in the territory that is in public use.
According to clause 12 of article 85 of the LC of the RF, social use areas are not subject to privatization. Therefore, the owner of the building or land has no right to privatize it.
Such territories will only be available inrent. But in the property area, which runs the red line, will not be able to go. And it will not be possible to appeal the decision of local governments. The existing judicial practice has already proved this more than once.
What is the red line of the street and directions,citizens who plan to build or renovate various objects must know. Therefore, such enterprises should be carried out in accordance with the established plan of such boundaries.
Making the construction of a new facility (forwith a few exceptions), you should immediately calculate the plan of the building or structure so that they do not in any way cross the red line. And most often they generally have to deviate from these designated areas.
To avoid problems in the future, designers, developers and everyone who takes part in the construction or reconstruction of an object should take this issue as seriously as possible.
Планируя строительство или реконструкцию объекта, You should familiarize yourself with the existing red lines in the immediate area of work. For this you need to obtain information from the Information System for Urban Planning Activities (ISCAS).
The red line of the street is the border that hasthe right to know everyone. Therefore, when sending an appropriate request to ISCAS, everyone has the right to receive information about the presence of red lines in the specified area.
Such an operation can be performed online.To do this, fill out the appropriate application form and pay a fee for the information provided. For this, the applicant is provided with the relevant payment details.
There are cases when erected for more than 20 yearsback the building with registered ownership still crosses the red line. This situation is observed in the central streets of the city and in the territories preparing for expansion.
In such cases, the presence of a red line onthe territory of the land plot cannot serve as a reason for the refusal of its privatization Judicial practice proves this position and supports the right to sell or purchase such property.
In some cities there are no approved urban planning documentation at all. Therefore, the rights of owners cannot be infringed in principle.
In theory, there is a possibility to correctlocation of similar boundaries. The red lines of streets and roads are very difficult to dislodge. This is an expensive procedure, the result of which depends solely on the decision of the municipal or state authorities.
Существуют другие возможности получить право ownership of the property. The red line regulation document should be officially published. This also applies to cartographic materials. In practice, there are cases when the publication is made only partially. For example, only the text of a regulatory document without drawings and maps is provided to the general public. It also happens that topographic materials are printed after a long period of time or not in the proper amount.
Such cases provide an opportunity to appealthe legality of the refusal to grant ownership of the property. The incomplete publication of information improperly limits a wide circle of citizens to the possibility of acquainting themselves with the place where the red lines pass.
Having read the above provisions,it can be concluded that the red line of the street is a very significant fact in the design and privatization of immovable objects. Knowledge of their location will help avoid many problems for owners in the future.
