Gas pipe. Stages of connecting to a gas pipe of a private house: standards, SNiP The gas pipe of neighbors interferes with a private house

Reply from 03/29/2014 02:17 AM

Hello!
Your neighbor has acquired the right of limited use of someone else's land plot (easement). In accordance with Article 276 of the Civil Code, the termination of an easement is possible in two cases:
1. At the request of the owner land plot burdened with an easement, the easement may be terminated in view of the disappearance of the grounds on which it was established.
2. In cases where a land plot belonging to a citizen or legal entity, as a result of encumbrance with an easement cannot be used in accordance with the intended purpose of the plot, the owner has the right to demand the termination of the easement in court.
Accordingly, on the first ground, you cannot demand the termination of the easement. In the second case, you need to prove that the presence of a gas pipe prevents the use of your land plot, which is also difficult to prove in your situation.
In this case, the owner of a plot encumbered with an easement has the right to demand from the persons in whose interests the easement is established, a commensurate payment for the use of the plot. As far as I understand, when you signed the paper, the pipes were laid free of charge. You could demand a commensurate payment for the use of the site, but given that the consent was given 10 years ago, it has expired.
In your situation, I see several possible options... Firstly, you can try to demand a commensurate payment for the use of the site, due to the fact that the neighbor's gas pipeline prevents you from using the site for its intended purpose, as you want (for example, the inability to plant trees or build a greenhouse - if it is possible to prove that the pipes really obstruct and it is necessary to build or plant at this very place). However, it is worth taking into account again the limitation period - either calculate the damage and lost profits over the last three years (if you prove that already during this time you are suffering losses) - or count on this moment time.
“The payment for the easement should be proportional to the losses that have been caused to the owner of a land plot or other property encumbered with an easement in connection with the restriction of his rights as a result of the establishment of the easement. The proportionality of the easement payment to such losses means that the amount of the easement payment is equal to the amount of losses caused to the owner of the land plot or other real estate encumbered with the easement, due to the restriction of his rights as a result of the establishment of the easement. " ("Temporary Guidelines according to the assessment of a commensurate payment for the easement "(approved by Roszemkadastrom 17.03.2004)).
Secondly, in accordance with article 27 of the Land Code, state registration of the easement is required: 1. State registration easements are held in the Unified State Register of Rights on the basis of an application from the owner of real estate or the person in whose favor the easement is established, if the latter has an easement agreement. The easement comes into force after its registration in the Unified State Register of Rights. 2. If the easement refers to a part of a land plot or other real estate object, the cadastral passport of such real estate object, which indicates the scope of the easement, is attached to the documents that indicate the content and scope of the easement, or cadastral extract about such a real estate object, containing information entered into the state real estate cadastre about the part of such real estate object to which the scope of the easement applies.
The easement comes into force after its registration in the Unified State Register of Rights. It is worth paying attention to whether everything is formatted correctly. If the whole procedure was formalized correctly by your neighbor, the easement was formalized properly and has been in effect for 10 years, you should pay attention to the easement itself and its scope. You gave your consent exclusively to the laying of pipes, but not to the passage of your neighbor on your land plot (installation of a wicket in your garden, unhindered being there). And the possibility of proving by a neighbor that he needs the ability to pass to your site for the purpose of "inspecting the gas pipeline" is very difficult.

We bought a dedicated part of the house in Domodedovo. After the sale and purchase transaction, we learned that the gas was cut off from the previous owners for non-payment, but the gas pipe was cut off in the yard of a neighbor who has the second part of the house. We ourselves paid off the debt of the previous owners (55 thousand rubles), and paid for the gas connection. We have gas heating. The neighbor says that she will not let anyone into the territory to connect the gas, because this pipe simply interferes with her. Requires us to introduce a separate gas pipe into the house. Officially, one gas pipe was introduced to this house, which was divorced into three parts of the house according to the number of owners. Repeatedly came from the gas service, explained to her the unlawfulness of her actions, she shouted that it was private territory, it doesn't matter to her that the pipe is common. And we can’t do anything, the police are making a helpless gesture. We collect documents to go to court, but it takes a long time. And the neighbor does not give an official refusal, she simply does not let me in. We wrote to the Ministry of Energy of the Moscow Region. There they unsubscribed that the connection was impossible due to the refusal of the neighbor. Where else should you go?

Consultations: 36

In accordance with Part 3 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building.

In accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain this premise in good condition, preventing mismanagement with it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building.

According to clause 5 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 13.08.2006 No. 491, the common property includes engineering system gas supply, consisting of gas pipelines laid from a gas source (when using liquefied petroleum gas) or the point of connection of these pipelines to the gas distribution network up to shut-off valves(tap), inclusive, located on branches (downsides) to the intra-apartment gas equipment, tank and (or) group cylinder installations of liquefied hydrocarbon gases intended for supplying gas to one apartment building, gas-using equipment (except for household gas-using equipment that is part of the intra-apartment gas equipment), technical devices on gas pipelines, including regulating and safety fittings, gas control systems of premises, collective (common house) gas meters, as well as gas meters recording the volume of gas used in the production of communal services for heating and (or) hot water supply.

Based on pp. "B" clause 32 of the Rules for providing utilities owners and users of premises in apartment buildings and residential buildings approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354, the contractor (in your case, the gas service) has the right to require admission at a time previously agreed with the consumer, but not more often than once every three months, in the residential or non-residential premises representatives of the contractor (including employees emergency services) to inspect the technical and sanitary condition of the intra-apartment equipment, to perform the necessary renovation works and checking the elimination of deficiencies in the provision of utilities - as needed, and for the elimination of accidents - at any time. A pp. “E” of clause 34 of these rules imposes on the consumer (your neighbor) a corresponding obligation to provide access.

Plant a tree, build a house, raise a child - this is how they list the main tasks that must be solved a real man throughout his life.
With a tree and children, everything is extremely simple, but with a house, if you build it yourself, there are a lot of problems. One of them is how to connect gas to your home.

Illegal connection to a gas pipe

Connection methods

There are two ways our people go:
not honest, that is, illegal, unfortunately, many are used to this.
legal.
All these methods are rather complicated and expensive. And the first option is also very dangerous. But let's consider everything.

Illegal connection option

Illegal gasification

Advantages: slightly less expensive.
disadvantages:
life threatening. It is not for nothing that the state restricts the rights to tie-in gas pipes, without the appropriate documents. But if you decide to take this step, study the safety rules.
punishable by law. If you find an illegal operation of connecting to gas, on your part, the state authorities will not only deprive you of gas supplies, but also possibly freedom for several years or impose a fine. The amount of which, perhaps, will be many times greater than with a legal connection.

But if the above does not scare you, then consider the basic rules of this method of tie-in to a gas pipeline.

work with gas pipes

Progress

When starting such work, make sure that the gas pipe valve is closed. And do not open it while you are doing the sidebar. In doing so, make sure that no one else will commit a "sabotage". Check the reliability of closing the valve with a simple match. If gas does not flow, everything is fine, if there is another option, then the result is unpredictable. It is advisable to have a fire extinguisher nearby. You risk losing your health or life, while there is a possibility of losing your home.

Traces from numerous inset

But if you are an experienced welder, or have invited such a person, then, of course, you know how to cut correctly into a gas supply system. Of course you have required pipes, valves, tees, welding and others additional details... The distance between the pipes should be at least half a meter.

And the quality of welding "underground" work (adhesions) can be checked in the old way using soap or any detergent... Apply a generous amount of lather to these areas and open the valve. If the soap bubbles burst and reappear, then the job is poorly done and needs to be redone.
So, if you don’t want to live without extreme, this method is for you.
But if peace of mind and reliability are more important to you, then start right away with the second method - legal.

pipe gas meter

Legal way

Advantages:
work performed by specialists legally and professionally
you won't have to pay any bribes later, everything is legal
repair, there is someone to contact and make claims
quiet life and a whole house.
Disadvantages:
in time it can take a year or more, if you live there an alternative is needed
financial investments huge!

gas pipe on site

Step-by-step instructions for the legal connection of gas to the house

1. The first step of the method is the owner of the pipe and his permission.
2. The second step is that you cannot avoid visiting Gorgaz with the relevant documents.
3. The third step - the way lies in the design organization, and ordering a project - again pay a lot of money.
4. Step four - the installer carries out the project. All work is at your expense.

Where to contact

Oddly enough, in our country, in the 21st century, there are settlements without gas. This is the longest and most unpredictable option. You need to start from the stove. That is, to create a constituent organization of a non-commercial nature. Then, documents are submitted based on the needs of the owners of houses in this village to the technical department of the regional gas economy. All the necessary list of documents will be provided there. And then you need to wait for a decision. This can be done by an intermediary firm that specializes in the matter. But you have to pay for it!

Connect from a neighbor

If gas is still nearby, it will make your task easier. But not by much. When a person buys a house or a plot for its construction, he is happy to receive the information that there is gas on the plot or worse on the neighbor's plot. But before you admire this news, ask if the neighbor or owner of this pipe will agree that you will crash into it. As a rule, you have to pay for this. It all depends on the "appetite" of the neighbor. On the one hand, it is right that he spent on it, but on the other hand, the main thing is that the amount is commensurate. But there are still costs ahead of you. Very often this stage already presents an unresolved problem. Only the amount of "gratitude" can solve it.

List of documents

The documents that will be described in the article may change slightly due to changes in our legislation.
Photocopy of passport and code.
Application - a request to connect. It must be assured by the head of the gas sector.
Documents that prove your ownership.
If there is no house, then the project and all permits for its construction.
A complete plan of the house if it is more than 300 sq. m., then a thermal calculation is required.
The architectural and planning department must give an opinion and permission for gasification of the house.
Geodetic and topographic plan of the area.
Situational site plan on a scale of 1: 5000.
Neighbors' consent in writing.
Documentation on gas equipment to install.
Chimney inspection report.
These are only basic documents, but may be needed depending on your situation.
And this is not the end, you must still ensure during installation fire safety... Moreover, many insignificant points will appear in the process of work.

When connecting gas, select the largest pipe. Thus, you will get rid of the need for further gasification of this area.
Think carefully about the location of the stove. Since it will not be possible to move to another location. This safety violation can result in a fine.

Eliminate illegal connection

Now you are convinced that this is not an easy task, but you need to build a house. And it is very pleasant when this house is cozy, beautiful and comfortable. And you have completed your task.

1. How to get a neighbor to remove a gas pipe from the front of my house.

1.1. You need to go to court with a statement of claim.

2. A gas pipe runs through my site to the neighbors. Is it possible to demand to remove it?

2.1. There are two potential situations: 1. Gas pipe provided for by the town planning plan and territory planning documentation. In this regard, you can offer the owner (the person who has on the balance sheet) this pipe to conclude an easement agreement or a lease agreement for a part of the land plot for operation. In case of refusal, in court to recover the amount of unjust enrichment in connection with the use of your land. That is, you have the right to demand compensation. 2. The gas pipe has been laid without proper documentation. Plus to point 1, you can also demand the dismantling of an illegal structure.
You can file a lawsuit to remove obstacles to the use of the site. The claim is filed at the location of the site. The defendant is the owner of the pipe.

3. The gas pipe was removed from my site.

3.1. And what is the question itself?

4. The neighbors' gas pipe runs through my apartment. Do I have the right to remove it?

4.1. Olga, no. You are not allowed to do this.

4.2. Hello! First of all, you need to contact gas service with a statement to consider this issue. Employees will conduct an inspection and if constructive and technical specifications it is possible, they will offer options. Sincerely, Dmitri.

5. A gas pipe runs through my site to the neighbors, can I remove it.

5.1. According to the text - probably not. A legally laid pipe - in any case, it will simply burden the site on which it is located, not giving the site owner the right to dispose of it at his own discretion.

6. How to remove a neighbor's gas pipe from my house. Does he not make contact?

6.1. Hello. Only through the courts and only if it is possible to remove the pipe on the basis of the project documentation ...

6.2. Dear Evgenia, if your neighbor does not make contact with you, you need to draw up a collective statement to the court that your neighbor's pipe is interfering with you, and attach a photo
gas pipe house book (copy) statement of claim (copy) and a receipt for payment of state duties

7. How do I remove the gas pipe from my property?

7.1. Hello!

Submit a lawsuit to remove obstacles to the use of the site

GOOD LUCK TO YOU

7.2. only in court

8. I have a gas pipe near my site. She interferes with the passage. To enter the gate, you need to bend over. Not to mention the import building materials... This pipe is not on the balance sheet. Turned into gas. I was told to raise the service at my own expense. How to get her to be removed at the expense of the defendant.

8.1. Hello,
First, write a complaint to the prosecutor's office, if it does not help, go to court, prove that you are being prevented from using your property, causing inconvenience.
I wish you good luck and all the best!

9. A high-pressure gas pipe passes through my section. Can I demand to remove the pipe from my section or claim compensation for inconveniences.

9.1. You can claim compensation for the inability to use your site (due to restrictions caused by the passage of the pipe)

10. I live on the first floor of a two-story apartment building... The gas pipe of the neighbors upstairs runs through our apartment. We use bottled, imported gas, and we disconnected from this pipe (previously it used to supply gas to us and upward) and made a separate entrance for ourselves. Can I remove someone else's pipe from my apartment. All other neighbors have already solved this issue a long time ago, but ours do not want to.

10.1. With the consent of local authorities - yes, this will be a re-equipment, therefore, the norms of Art. 26 LCD RF.

11. I have a plot of individual housing construction. A gas pipe runs in the middle of it. It belongs. It was carried out there a very long time ago, when I was not the owner, already in 1972. Nobody paid me the rent for gas transit. The statement does not contain all restrictions. Gorgaz is ready to remove it, but at my expense. Question. Can I oblige them in court to transfer this pipe under Art. 304, 305 of the Civil Code of the Russian Federation? If the court refuses, can I claim compensation? And the payment for gas transit for the last three years and subsequent years?

11.1. You can, if you prove that this pipe violates your rights.

11.2. Hello Maria
You are entitled to a three-year rent and pipe dismantling at the same time.

12. A neighbor wants to conduct gas through a common fence with him. Asks for permission to remove the fence for this time. Do we need our written consent? What are the consequences for us from such proximity to the gas pipe (security zone, encumbrance, etc.)?

12.1. If only he needs gas, then let him lead it along his own section.

13. A gas pipe runs along the glassed-in balcony. I am the owner of the apartment. The gas cantor seems to have no pretensions, however, housing and communal services require the removal of obstacles for the access of gozaviks .. what to do in this situation.

13.1. What are the obstacles, gas pipe? I wonder how they imagine it at all. What if it comes about glazing, so there is no such law that would oblige you to remove window frames... Carry out the admission of gas workers to your apartment and that's it.

If you find it difficult to formulate a question - call the free multichannel phone 8 800 505-91-11 , a lawyer will help you