The adjacent territory is the plot of land next to a multi-apartment building that is primarily used by the residents and intended for household needs and leisure. It is separated from intra-block public areas by the perimeter of the buildings and landscaping solutions.

The land plot under the multi-apartment building is the common shared ownership of the owners of the premises (Clause 4, Part 1, Article 36 of the Housing Code of the Russian Federation; Article 16 of Federal Law No. 189-FZ of December 29, 2004). This right arises automatically from the moment the ownership right to the first premises in the building is registered, without any additional application (Part 5, Article 40 and Part 1, Article 42 of Federal Law No. 218-FZ of July 13, 2015).

If the land plot has not been formed and registered in the cadastral register, it technically remains the property of the municipality. However, residents have the right to possess and use it to the extent necessary for the operation of the building (Clause 67 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10).

What is Included in the Adjacent Territory

According to Clause 3.5.11 of the Rules and Norms for the Technical Operation of the Housing Stock (approved by Resolution of the Gosstroy of the Russian Federation No. 170 of September 27, 2003), the territory of the housing estate must include:

•  Utility area;

•  Recreation area;

•  Children’s playgrounds and sports grounds with greenery and small architectural forms.

The boundaries of the land plot under the multi-apartment building may also include transformer substations, heating substations, collective parking lots, garages, and areas for solid municipal waste collection (Clause 6 of the Methodological Recommendations approved by Order of the Ministry of Construction of Russia No. 153/pr dated March 7, 2019).

How to Check the Boundaries of the Land Plot Under an Apartment Building

There are several ways to check the boundaries of the land plot:

1.  Online via the Public Cadastral Map
Information about the boundaries and area is available on the Rosreestr website in the public domain. This is the fastest way to obtain up-to-date information.

2.  Through the Management Company
The management company is obliged to keep and update the technical documentation for the building, including information about the land plot (Clauses 2 and 4 of the Rules approved by Resolution of the Government of the Russian Federation No. 416 of May 15, 2013).

3.  Through Municipal Authorities or MFC
If the plot has not been formed, you must contact the authorized body (in Moscow — the Department of City Property of Moscow).

Without clearly defined boundaries, it is impossible to fully manage the territory, carry out major repairs of utilities, or perform landscaping. Only after cadastral registration does the plot officially become the common property of the residents (Part 5, Article 16 of Law No. 189-FZ).

The sequence of actions is as follows:

1.  Check the status of the plot on the Public Cadastral Map.

2.  If there is no information about the land plot, submit an application to the authorized body (for example, in Moscow — to the Department of City Property) for the formation of the land plot. Any owner of premises has the right to submit such an application (Parts 3 and 4, Article 16 of Law No. 189-FZ).

3.  The authorized body approves the land surveying project or the layout scheme on the cadastral plan. The scheme is first submitted for public hearings.

4.  A cadastral engineer prepares the land survey plan and submits an application for cadastral registration to Rosreestr (Part 4, Article 16 of Law No. 189-FZ).

Rights and Obligations: Residents vs Management Company

Issues regarding the use and improvement of the adjacent territory are decided by the general meeting of owners through in-person, absentee, or combined voting (Articles 44 and 44.1 of the Housing Code of the Russian Federation). Owners have the right to:

•  Make decisions on landscaping, planting greenery, and installing fences;

•  Determine the list of services for the maintenance of common property;

•  Manage the territory within the limits established by law.

The obligations of the management company are defined by the management agreement (Part 2.3 of Article 161, Parts 1, 2, and 4 of Article 162 of the Housing Code of the Russian Federation). With regard to the adjacent territory, these include, for example:

•  Cleaning of grounds, courtyards, roads, and sidewalks;

•  Maintenance of solid waste collection points and servicing of garbage chutes;

•  Preservation of green spaces and care for them;

•  Maintenance of children’s and sports grounds in accordance with GOST standards;

•  Ensuring an accessible environment for people with disabilities;

•  Inspection of the technical condition of structures, roofs, and engineering systems.

Thus, the adjacent territory is not just a courtyard, but an object of common shared ownership. Its legal status is governed by a set of norms of the Housing Code of the Russian Federation, land legislation, and construction regulations. Land surveying is not mandatory, but it is a highly desirable procedure for protecting the interests of the owners.