The red line of the street is ... The red line of the street: the distance, width and borders

In town planning for several centuries, such a notion as the red line of the street has taken root. This definition is often met today even when documents are drawn up for property rights or for construction. Therefore, understand the essence of the red lines of the street, and what they affect, should everyone who decided to do construction or registration of rights to land, purchase of real estate.

Definition of concept

The red line of a street or a thoroughfare is the territory that defines existing or planned boundaries of public land plots. They can be located power lines, communications, communications (pipelines, line-cable facilities), as well as highways, roads, railways and other similar facilities.

The composition and size of the transverse profile can be different for the same categories of streets or roads. The main elements of public areas (carriageways and associated bicycle paths, tramways, dividing lines, pedestrian crossings) and their magnitude depend on traffic and its intensity. This factor is also called bandwidth. The boundaries of the red line of the street are separated by public areas from land plots allocated for construction by private individuals. This feature separates the streets, alleys, and thoroughfares from urban and residential quarters.

Red lines and legislation

The red lines of roads and streets are determined by the Urban Development Code of the Russian Federation (RF GRC). According to subparagraph 11 of Article 1 of this document, under similar borders it is necessary to understand a feature that defines the territory that is in use by an unlimited circle of persons. It can be squares, streets, driveways, squares, embankments, boulevards, etc.

The red line of the street is a piece of land that is part of the documentary planning of the territory (Chapter 5 of the RF CC). It is contained in the master plans, schemes and maps of the present and planned boundaries of the city's zones.

The width of the red lines of the street determines the configuration of the boundaries of land objects. This stipulates paragraph 7 of Article 36 of the Land Code of the Russian Federation (RF LC).

The distance of these street fences is determined by the Instruction on the procedure for designing and establishing red lines in cities and other settlements of the Russian Federation. It operates in accordance with the Resolution of the State Construction Committee of the Russian Federation of 06.04.1998, No. 18-30, which does not contradict the RF CC.

Building Options

The red line of the street, the distance of which is regulated by SNiP RK 3.01-01-2008 "Urban planning", determines the indicators of construction of residential, public and business zones. This document states that it is necessary to place buildings and buildings in the areas designated for the respective construction. They are outside the red lines, respectively, with the projects of settlements.

The red lines are planned taking into account the provision of free passage of fire trucks, engineering networks inside the sites and other facilities.

Residential and public buildings are located with an indent from the designated zones. The width of the street in red lines is determined by taking into account the distance from them at least 6 m for highways and at least 3 m for residential areas.

What is affected by the red lines

According to the documents presented above, the real estate object should not exceed the boundaries indicated by the red lines, and also should not cross them.

If a building or a piece of land still crosses the line, it appears on the territory in public use.

According to clause 12 of Article 85 of the RF LC, social sites are not subject to privatization. Therefore, the owner of a building or land plot has no right to privatize it.

Such territories will only be available for rent. But the property on which the red line passes is not transferable. And it will not be possible to appeal the decision of the local self-government bodies. The existing jurisprudence has proved this many times.

When it is important to know about the red lines

What is the red line of the street and the passage must be known to citizens planning the construction or reconstruction of various facilities. Therefore, such enterprises should be implemented in accordance with the established plan for such boundaries.

When building a new object (with 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 should generally retreat from these designated zones.

To avoid problems in the future, designers, developers and anyone who participates in the construction or reconstruction of the facility should take this issue as seriously as possible.

How to learn about the passage of the red line

When planning the construction or reconstruction of the facility, you should familiarize yourself with the existing red lines in the immediate area of work. To do this, you need to obtain the information of the Information System for Provision of Urban Planning Activities (ISOGD).

The red line of the street is the boundary that everyone has the right to know. Therefore, when sending the corresponding request to the IOS, everyone has the right to receive information about the location of red lines in the specified area.

Such an operation can be made online. To do this, the relevant application form is filled out and the fee for the information is paid. To do this, the applicant is provided with the appropriate requisites for payment.

If the red line crosses the structure

It is not uncommon for a building that was erected more than 20 years ago with a registered ownership right crosses the red line. This situation is observed in the central streets of the city and in territories that are preparing for expansion.

In such cases, the presence of a red line on the territory of a real estate site can not 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 is no approved town planning documentation at all. Therefore, the rights of owners can not be infringed in principle.

Adjusting the location

In theory, it is possible to correct the location of such boundaries. Red lines of streets and roads are very difficult to shift. This is an expensive procedure, the result of which depends solely on the decision of the municipal or state authorities.

There are other opportunities to obtain ownership of the property. The document on the regulation of red lines should be officially published. This also applies to cartographic materials. In practice, cases when the publication is made only partially are not uncommon. For example, only the text of a normative legal document without drawings and maps is provided to the general public. It also happens that topographic materials are printed out after a long period of time or not in the proper volume.

Such cases provide an opportunity to appeal against the lawful refusal to grant property rights to property. Incomplete publication of information unlawfully restricts a wide range of citizens in the possibility of acquaintance with the place of passage of the red lines.

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 real estate. Knowledge of their location will help to avoid a lot of problems to owners in the future.