How to organize lighting in a private yard? Who is responsible for lighting the local area of an apartment building? Lighting standards and what to do if there is no light? Urban lighting in the yard where to apply
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Where might is right, right is powerless
Japanese proverb
For some reason, in our country, the idea of pinning everything on the weaker side of relations, including financial ones, constantly comes to the minds of those in power, and not only those (also the financially stronger ones). And the courts and state supervisory authorities are not lagging behind them in this regard.
Regular innovations in legislation always involve some costs: time, financial, etc. However, changes to laws often do not indicate sources of funding for their “improvements.” It is supposed that they are paid for by the performers in the person of entrepreneurs and ordinary citizens - after all, it was for them that the authorities came up with these improvements: after all, they think about the good of the people...
It is very sad that easing the tax and supervisory burden for small and medium-sized businesses, improving life and raising its standard for citizens are just proclaimed slogans in our country. In fact, we see the opposite. At the very least, innovations in legislation and law enforcement practice do not contribute to the implementation of these slogans and do not correspond to them.
So in the housing and communal services sector, all improvements for owners always require financing by management organizations (MAs). No one is interested in the fact that the owners do not want to take part in general meetings, where the payment for all mandatory work on maintaining the house should be approved. And in general, the owners do not want to raise this fee in 99% of cases. There is no legal liability for failure to fulfill their obligations by owners in this matter.
Although the norms of housing legislation directly state the imperative rule that all necessary legal requirements for the maintenance of a house are provided through economically justified financing from the owners of premises in an apartment building (hereinafter - MKD).
All responsibility and blame went to the management organizations, which are to blame, however, as always: they work poorly and were unable to hold a meeting so that the owners approved a new tariff for its services, naturally with an increase (after all, a decrease in prices for anything occurred in our country only during the USSR).
It is only for resource supply organizations (RSOs) that tariffs are accepted at the state level with all their necessary costs included in them. And then they try to gain some additional preferences for themselves, successfully lobbying their interests in legislative and judicial bodies.
So, some local government bodies (LGUs) are trying to make the lighting of the local area and intra-block passages (hereinafter referred to as street lighting) the responsibility of the management organization. I have repeatedly seen responses from local self-government bodies addressed to management organizations, where this responsibility of the management was directly pointed out by the “smart heads” of representatives of the municipal government. Not to mention the fact that the standards for the maintenance of common property for electricity and other resources are constantly being cut and do not ensure that these costs, which include lighting of the common areas of apartment buildings, are fully transferred to the owners of the premises of an apartment building. And management organizations are to blame themselves, “entrepreneurial risks”, so to speak...
It is encouraging that, for the most part, the courts and the Prosecutor's Office in this matter do not agree with this opinion of local self-government bodies in all regions. And this fact allows managing organizations to avoid imposing an additional financial burden, which is already considerable, thanks to the smart legislative initiatives of the Ministry of Construction and deputies of various professions.
In accordance with Part 1 of Article 36 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building.
According to Part 3 of Article 39 of the Housing Code of the Russian Federation, the rules for maintaining common property in an apartment building (MCD) are established by the Government of the Russian Federation.
Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 approved the Rules for the maintenance of common property in an apartment building (hereinafter referred to as Rules No. 491), which regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building.
The composition of common property in an apartment building is determined by part 1 of article 36 of the Housing Code of the Russian Federation, as well as paragraph 2 of Rules No. 491 and is exhaustive.
External lighting networks in the local area are not included in the common property of an apartment building. That is, the obligation of owners of premises in apartment buildings to bear the costs of street lighting in the residential complex of the Russian Federation is not directly contained in Rules No. 491.
In accordance with clause 19 of part 1 and part 3 of article 14 and clause 25 of part 1 of article 16 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” (hereinafter referred to as the Law on LSG) to issues of local importance of urban, rural settlements, urban districts organization of improvement of the territory of an urban, rural settlement, urban district(in particular, street lighting).
In accordance with Part 2 of Article 18 of the Law on LSG, financial obligations arising in connection with the resolution of issues of local importance, executed at the expense of local budgets(with the exception of subventions provided to local budgets from the federal budget and budgets of constituent entities of the Russian Federation).
In accordance with clause 4, part 2, art. 45.1 of the Law on Local Self-Government, issues of organizing lighting of the territory of the municipality, including architectural lighting of buildings, structures, structures may be regulated by the Rules for the improvement of the territory of the municipality.
Ministry of Construction of Russia in Letter dated September 18, 2017 No. 33418-ACh/04“On organizing the repair of street (yard) lighting” notes that in accordance with clause 19, part 1 and part 3 of Art. 14 and paragraph 25, part 1, art. 16 of the Law on Local Self-Government includes the organization of improvement of the territory of an urban, rural settlement, urban district (in particular, street lighting) as issues of local importance for an urban, rural settlement, urban district. In this regard, the organization and repair of street (yard) lighting falls within the competence of local governments.
The only possible case for the imposition of such responsibilities and expenses for street lighting will be cases when all the following conditions coincide in the aggregate:
the land plot of the local area has been formed and is owned by the owners of the apartment building premises;
street lighting is included in the design documentation and utility networks were built at the expense of participants in the shared construction of this apartment building and transferred to the owners as part of the general property of the apartment building;
the specified street lighting performs the functions of illuminating the local area of only one apartment building.
Thus, based on the literal interpretation of the law, if the elements of street lighting are not part of the common property of the apartment building, that is, in the absence of the above conditions, assigning the costs of street lighting to the apartment building to the owners, read the management organization, is contrary to the law. Although there is also reverse law enforcement practice of the courts, which does not guarantee a decision in favor of the MA in a particular case.
Judicial practice on disputes regarding the assignment of responsibilities for street lighting in apartment buildings is as follows.
Decision of the Orenburg Regional Court (upheld by the Supreme Court of the Russian Federation dated October 3, 2018 No. 47-APG18-4): “From the systematic interpretation of the stated norms, it follows that the land plot on which the apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping, facades, entrances, buildings and address tables (index of street name, number houses, apartment entrances) on houses in the evening must be illuminated and compliance with the established requirements must be borne by the property owners.
Letter No. 33418-ACh/04 of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated September 18, 2017 cannot become the basis for satisfying the demands of the administrative plaintiff, since from the meaning of this letter it follows that local governments are entrusted with the responsibility for organizing street lighting, then There is lighting for places that are not in the shared ownership of the owners of the premises of an apartment building.
At the same time, clause 5.5.8 of the contested Landscaping Rules provides for the obligation of the owners and managers of the company to provide external lighting for “yard areas”.
Clause 2.23 of the Rules defines “designated territory” as a part of the city territory provided in accordance with the established procedure to legal entities, individual entrepreneurs and citizens on the right of ownership, lease, or other right of use
Clause 2.32 of the Rules contains a definition of the concept of “domestic territory” - the territory allocated in the prescribed manner for a residential building (building, structure), including that included in the technical passport of the residential building (building, structure), and associated economic and technical structures, and includes: the territory under a residential building (building, structure); driveways and sidewalks; green areas; playgrounds for children; recreation areas; sports grounds; areas for temporary parking of vehicles; sites for economic purposes; sites equipped for the collection of solid municipal waste; other territories related to the maintenance and operation of a residential building (building, structure) (clause 2.31).
Paragraph 2.32 defines what refers to the “adjacent territory” - the territory directly adjacent to the boundaries of a land plot, building, structure, residential building, fence, construction site, retail facilities (stationary, non-stationary), public catering facilities, utility networks and other objects owned, possessed, used by legal entities or individuals, individual entrepreneurs, with lawns, small architectural forms, other objects of improvement and landscaping (clause 2.32).
The Housing Code of the Russian Federation in paragraph 4 of part 1 of Article 36 classifies as the common property of the owners of an apartment building the land plot on which the house is located, with elements of landscaping and landscaping, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot . The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
Thus, neither the Land Code of the Russian Federation, nor the Civil Code of the Russian Federation, nor the Housing Code of the Russian Federation contains the concept of “yard territory”, nor is this concept given a definition in the Landscaping Rules approved by the appealed decision.
The lack of a clear definition of which land plot belongs to the “yard territory” does not meet the criterion of formal certainty of a legal norm, allows for ambiguous interpretation of legal concepts, and therefore allows for a free (broad) interpretation of this term, and, as a consequence, imposing on the owners the obligation to organize illuminating an area that does not belong to them.”
The impression from the above court decision is twofold. It seems that the norms of the municipal regulatory act did not comply with the higher law and contained ambiguities in the interpretation. However, the court did not dare to say that these responsibilities should be assigned to local self-government bodies by force of law, but preferred to floridly justify that this was not the reason for the decision on the illegality of legal acts. And the Letter of the Ministry of Construction of the Russian Federation, precisely based on the norms of housing legislation, was dismissed out of hand in the decision. That is, both ours - it seems, and yours... Okay, at least the illegal norms of the Landscaping Rules were abolished - and thank you for that.
Appeal ruling of the RF Supreme Court in the case: “Guided by the position set forth in the Resolutions of the Constitutional Court of the Russian Federation dated April 25, 1995 No. 3-P, dated July 15, 1999 No. 11-P, dated November 11, 2003 No. 16-P and dated January 21, 2010 No. 1-P , the explanations contained in paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 No. 48 “On the practice of courts considering cases challenging normative legal acts in whole or in part,” the court of first instance came to the reasonable conclusion that in the absence Without a clear definition of which particular plot of land belongs to the courtyard area, it is impossible to draw an unambiguous conclusion that the external lighting networks of the courtyard area are part of the common property of an apartment building, therefore, the burden of organizing the lighting of the courtyard area and maintaining the property necessary for this will be placed on persons to whom this territory and property do not belong.”
Appeal ruling of the Sverdlovsk Regional Court dated October 26, 2017 in case No. 33-18622/2017: “At the same time, having established that the Zonalnoye HOA had the main type of activity indicated in the extract from the Unified State Register of Legal Entities, “managing the operation of the housing stock for a fee or on a contractual basis,” the court of first instance came to the incorrect conclusion that the HOA’s responsibilities include carrying out work on the organization of lighting of the intra-block territory. At the same time, the court did not take into account the provisions of subsection. “b” and “h” clause 11 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, by which the maintenance of common property includes ensuring the readiness of in-house engineering power supply systems and electrical equipment included in common property, for the provision of public electricity supply services; as well as their current and major repairs.
The erroneousness of the court’s conclusions is directly indicated by subparagraph “e” of paragraph 2 of the said Resolution, according to which the land plot on which the apartment building is located is included in the common property, and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping.”
In this case a new decision was made, which satisfied the claims prosecutor of the Dzerzhinsky district of the city of Nizhny Tagil, Sverdlovsk region, in the interests of an indefinite number of persons, to the Administration of the city of Nizhny Tagil, Sverdlovsk region, to assign responsibility for organizing street lighting near the apartment building.
However, judicial acts on claims of RSO against local self-government bodies for the recovery of expenses for street lighting in municipalities are mainly negative for RSO. In principle, this is not a problem for management organizations; after all, bumps must sometimes fall on RSO, but they still cannot collect the cream without any losses. After all, our laws (adopted not without increased influence from nearby RSO forces) allow them to do just that...
As the famous actor Bruce Willis said: “When the going gets tough, you have two options: submit or walk through the fire.” If we apply this expression to relations in housing and communal services, then management organizations, when trying to pin these costs (and not only) on them, have two options: submit or sue all the ideas of local self-government bodies and others like them that do not comply with the law, up to the Supreme courts of the Russian Federation.
The company "Burmistr.ru" has launched the "Tests" service, with which you can test your knowledge in the field of housing and communal services. The website provides more than just a qualifying test. On this resource you can test your knowledge on more than 35 topics, and topics are constantly being added. You can take the tests.
Sincerely, Ilmira Nosik.
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Every owner has a desire to organize the lighting of the yard and local area so that it is convenient, beautiful, and also so that he does not have to pay very large electricity bills. The task is not easy, but really doable. If you have basic electrical skills, you can do everything yourself. But in order to plan street lighting with your own hands correctly, you need to take into account many nuances.
Lighting is not only safety, but also beauty
Street lighting at home consists of several components; they are usually separate and turn on and off independently of each other. In order to correctly develop an outdoor lighting scheme, you need to think in advance where and what type of lamps should be placed, how to supply power to them, and how to control this lighting. Place lamps in the following places:
As you can see, the system is really complex and making street lighting with your own hands is not an easy task.
Control methods
When designing street lighting with your own hands, think about how it will turn on/off. The most common and familiar method is manual control. Switches or switches are installed in the house, which are manually turned on or off. This is quite reliable, requires virtually no cost (only for the purchase of a switch, switch) and is often used to turn on decorative lighting. When needed, they turned it on; when they got tired or it was time to sleep, they turned it off.
But this type of control of security lighting or path lighting is convenient only if someone is constantly in the house (and does not suffer from forgetfulness). If from time to time there is no one in the house, or you have to return from work late, this method of control causes discomfort: the light can only be turned on when it is dark when entering the house (or garage). This problem is solved by automating the switching on/off of street lighting.
To automate the control of external lighting of a private house or cottage, use:
- Time relay.
- Motion sensors.
- Photosensitive sensors (light).
These devices are connected in series. In the normal state, their contacts are open, power is not supplied to the lamps. When triggered, the contacts close and supply power to the lighting fixtures.
The installation location depends on the operating principle. Light and motion sensors are installed on the street, usually close to lamps, but it is more appropriate to install time relays in the house.
What devices are best to use? Depends on the type of outdoor lighting. For example, on a driveway it is worth installing both motion and light sensors. Light-sensitive sensors will work when dusk comes, but the light will not appear until a moving object (car) appears in the coverage area. To prevent the lighting from turning off as soon as the car drives away, the motion sensor must have a shutdown delay. Convenient and economical, but not without drawbacks. The disadvantage is that incorrectly configured sensors can turn on the light “unauthorized”. Sometimes this happens in cloudy weather, sometimes dogs, cats and even birds are mistaken for a car or a person.
The lighting of paths and stairs can be turned on according to the same principle, or you can install a time relay. But this option is not very convenient, since the settings have to be changed periodically - with each change of season, or even more often. When developing street lighting with your own hands, think about ways to turn it on/off so that you don’t have to redo it later.
Street lamps
There are different types of lamps used in street lighting. Ideal light sources have not yet been invented, but there are good options. In order for street lighting designed by yourself to be beautiful and economical, you need to choose the right lamps. The amount of electricity consumed depends on them.
Familiar options
Incandescent lamps are not suitable for outdoor lighting. Their main advantage is their low price, but this is not the best solution - they have a short service life and low energy efficiency. Everyone knows that they have low efficiency, which is why they produce little light despite high power consumption. And since outdoor lighting requires high-power light sources, the bills for light will be large.
Luminescent. They are more expensive than incandescent lamps, but have several times longer service life and consume 3 times less electricity. So they will help you save money in the long run. This solution has a serious drawback: at low temperatures, fluorescent lamps may not light up.
Gas discharge
They have been used for more than half a century. They can be found on the streets, in shopping centers, and in stadiums. They are popular because they consume little electricity, have a long service life and the light they emit remains stable and does not dim. They are not used for residential lighting, as they make noise and blink during operation.
But they also have a number of disadvantages:
Therefore, gas-discharge lamps are gradually being replaced by other types. Even more economical and having a simpler design and a significantly longer service life.
Mercury arc lamps
Mercury arc lamps have one significant drawback - they contain mercury vapor. However, they are popular due to their high light output and low power consumption. There can be three types:
Mercury arc lamps are usually used where a powerful light source is needed: on a pole illuminating the street near the gate, the gate itself, or the yard. To illuminate the paths, on the lanterns near the entrance to the house, the bathhouse is often installed with other light sources.
LED lightening
At the moment, this is perhaps the best choice for street lighting of the house and site. They are economical (compared to incandescent lamps, they provide 7-10 times more light), have a very long service life - from 30,000 hours to 80,000 hours, do not distort light transmission, and can have different shades of glow.
The disadvantage of LEDs is that they operate on 12 V or 24 V, which requires the presence of a converter. There are lamps with a built-in transformer; they are screwed directly into the lamp connected to a 220 V network. The second disadvantage is the high cost.
Another disadvantage is that over time the glow becomes dimmer. But the service life of LEDs is indicated until the moment when the radiation is reduced to 50% of the original. And this is about 30 years. So, for about 10-15 years you won’t notice any changes.
Technical requirements
Even before starting work, it is necessary to clearly understand the order and scope of work, and without knowledge of the technical requirements this is impossible. Here's how to do it right:
These are the most basic points that cannot be ignored. This is the only way to make your own street lighting correct and efficient. And one more piece of advice: don’t rely on your memory, draw up a detailed plan for laying cables, tied to the area, large buildings, etc. The more information is saved, the easier it will be to figure it out if problems arise.
How to pay less for site lighting
Let’s say right away that we are not talking about how to “cheat” with the counter, but about how to use legal means to ensure that the bills are small. It doesn’t matter whether you make street lighting yourself or hire specialists, you can come up with the concept yourself.
Choosing economical lamps
Try not to use incandescent lamps to illuminate the area. They draw too much electricity. The rest is your choice. All other light sources are more economical.
We use solar-powered lamps
You can reduce your area lighting bills by using LED lights. Their installation does not cause any problems at all. Each flashlight is an independent device that does not need to be connected to the network. They just buried it in the right place and that’s it. The lighting is working.
The disadvantage of such systems is their dependence on sunny weather. Yes, in those regions where the sun is a rare guest, such lighting is ineffective, but in others it works very well. And high-quality lamps with powerful solar panels have virtually no downtime due to bad weather, and they shine far away. Not like cheap Chinese lanterns, which can only be used for decorative lighting, since they provide very, very little light.
The main problem is that good, powerful solar street lights are expensive. But they have a built-in high-capacity battery, which will provide the lamp (LED, by the way) with energy for several days. So in this case, a period of bad weather is not scary.
For those who are still wary of long periods without sun, you can install backup lighting that runs on mains power. Turn it on only when solar-powered lights fail. It is more difficult to make such street lighting with your own hands, but everything is possible.
In order to find out exactly who takes care of the performance of yard lights, you will have to turn to Federal Law No. 131.
It clearly states that all streets, roads, and alleys are under the auspices of local governments, just like courtyards.
The organization of lighting in the courtyard of an apartment building at night, in the evening, and also early in the morning is a matter of local importance. Thus, the district administration is responsible for this.
But despite this, the immediate responsibility for maintaining lighting fixtures in working order falls on the shoulders of the residents themselves.
It is citizens interested in lighting that must necessarily enter into an agreement with the administration or other organizations that are able to organize electricity to power the lanterns.
As for the repair, operation and maintenance of power lines, these issues are dealt with by the same companies that specialize in this. They will properly fulfill their duties if you conclude an agreement with them on time.
However, the courtyards in question are not public areas. They fall into the category of local area, and this is a slightly different concept.
The last case is regulated by Article 161 of the RF Housing Code.
Such an agreement stipulates the responsibilities of the organization, which include various services and actions for the proper care and maintenance of property belonging to the house. Utilities may also be included here.
All these services are provided for a reason. Residents must pay them monthly. This is also regulated by the Housing Code of the Russian Federation, namely Article 154.
Thus, the payment for maintaining street lights is included in the receipts that residents receive every month.
Lighting standards
Lighting standards for the local area of an apartment building are established in accordance with, namely:
- there must be at least 6 suites at the entrance to the building;
- there must be at least 4 suites on the pedestrian path leading to the building;
- main passages running in microdistricts should be illuminated at 4 lux;
- secondary passages, as well as courtyards and various utility areas should be illuminated within 2 lux.
In addition, there are pre-designed lighting options. They provide for a specific placement of lighting fixtures and their corresponding type. The options are as follows:
When residents are faced with the task of designing lighting for their yard, in addition to the financial component, they must take into account such factors as the resistance of the lanterns to hooligans and protection from falling icicles in the winter.
Whatever option the citizens living in the house choose, they must first of all be guided by the lighting standards that are adopted in Russia.
They were invented for a reason, and failure to comply with them can result not only in liability before the law, but also in some human casualties.
What to do if there is no light?
If there is no light in the yard for any reason, residents of the house who are dissatisfied with this state of affairs can legally come with complaints to the local administration.
Before making fiery statements addressed to employees of the above-mentioned administrative body, you need to carefully read Federal Law No. 131, which states that Local governments and no one else are responsible for organizing street lighting.
Even in Russia, there is a special GOST, which sets out the requirements for the order in which lighting is organized.
Complaints must be submitted in writing to the administration in charge of the municipality. Oddly enough, they are the ones who should be responsible for maintaining street lighting.
When drawing up a complaint, you must be guided by the Federal Law, which was mentioned above.
It clearly lists all the responsibilities that are assigned to bodies involved in local self-government.
It is among their responsibilities that the organization of energy supply for the entire population is included.
For greater persuasiveness, the written complaint must be accompanied by the signatures of all residents of the dissatisfied building. This will give it collective order and within a month it will definitely be reviewed and action taken.
If the administration refuses to take action, then residents can immediately apply to the court. Such a statement must indicate the very fact of inaction of local government bodies.
You can also add that they refuse to fulfill their legal duties. However, in such a situation, it should be remembered that no one needs a conflict with the administration that is blown out of nowhere, especially if it promises to drag on for a long time.
But if the power supply magically disappeared, in general, then something should definitely be done about it, and a statement to the court would be a completely adequate response on the part of the residents.
The same should be done if the lighting equipment is completely faulty.
In the case when the question concerns several burnt out light bulbs, it will be enough to simply contact the Municipal Economy Committee under the Administration.
Most often, they respond very quickly to signals from residents and ensure that the yard is illuminated as required by law.
Conclusion
From everything that was written above, we can conclude that organizing the lighting of the local area and maintaining the lanterns in working order is essentially a simple task.
However, there are also pitfalls here, and in order not to stumble upon them, you need to carefully study the lighting standards and the Federal laws that were discussed.