A dry or old tree is dangerous not only for buildings, but also for people. It happens that it blocks the sun, daily creating a shadow in the apartment. Then some decide to cut down the tree itself or at least some of the branches. Choosing a tool, finding a place for storing sawn branches, ordering a car for removal are not an easy task. But sometimes it is more difficult to get permission to cut a tree and even its branches.
The danger of dry and broken tree branches is that they usually fall unexpectedly. If a dry tree or a tree with a damaged trunk (hollow, crack, crevice) stands next to the house, it poses a threat to everyone who is nearby at that moment: playing children, passers-by, cars. In this case, there is a good reason to remove the trees or their branches.
Such a reason may be the location of the tree in relation to your house closer than 5 meters, since this is contrary to existing sanitary standards.
You can cut down tree branches when they block the access of light to the room.
After the reason is found, you need to write to the owner of the site where the dangerous tree is located, with a request to cut off some of the branches.
There are three main situations, each of which has its own solution.
The tree is located within the boundaries of the municipality on a common land plot
These include the territory of the garden partnership outside your site, within the city on the citywide territory. In this case, it is impossible to issue a permit for sawing or felling (felling ticket), as well as unauthorized pruning of a tree.
It is not enough to simply submit a request to obtain permission. Most often, the initiator of this process will have to not only organize, but also pay for the survey of the tree, parts of which must be removed from his point of view. Specialists determine the breed, thickness and condition of the plant, as a result of which a plan of measures for landscaping is drawn up. Based on this, compensation payments are calculated. Usually, instead of one unit, several new ones are planted.
The permit stipulates which tree or part of it and at which address can be removed, subject to the transfer of funds in the calculated amount in favor of the administration.
It is important to understand that the inspection report and the permit are completely different documents. The basis for any action can only be a permit or a felling ticket.
To obtain a permit, you must prepare the following package of documents:
- a letter of application from the owner of green spaces about the need to issue a permit to the competent authority;
- an act of inspection of the green spaces indicated in the application, drawn up in accordance with all the requirements of the authorized organization;
- a counting list of green spaces planned for felling or pruning, certified by the signature and seal of the owner of the territory;
- a plan of the area with an indication of the cut down and the plants to be cut, certified by the seal of the owner of the territory;
- an agreement with a contractor for the execution of work on cutting or cutting vegetation;
- power of attorney for the right to obtain a permit, issued by the owner of the site.
Residents of apartment buildings will have to make a decision to cut the branches together if, because of them, the light does not enter the room or the plantation interferes with the balcony, entrance visor, window, etc.
If a tree that threatens you or your property grows on a neighbor's property
It is unpleasant when dry branches hang over your garage or home. This is a reason to write to the controlling organization. When the tree is located in the city, the application must be taken to the municipality or the prosecutor's office. It is important to remember that it is more expedient to send such letters with a notification, and the period for consideration of citizens' applications cannot exceed 30 days. If these organizations cannot convince a neighbor of the need to cut dangerous branches, you will have to go to court.
The tree is located on your own plot
When a site is located in a nature conservation zone (on the territory of a national park, reserve, in a water protection zone), then such permits are also issued without fail.
But even if you yourself once planted a maple or an oak on your land plot, they already belong to the city's green fund, which is protected by law. When cutting branches without permission, there is a risk of responsibility for violation to the fullest extent of the law.
If the owner of the site believes that the tree is in an emergency condition, because of which it is necessary to cut it down or part of the branches, this will still need to be proved.
Since trees take root and grow for a long time, as well as because of their important functions (for example, poplars take a large amount of water from the soil, and this is important for a city built on swampy soil), even a tree branch can be cut down only for good reasons.
Anyone who believes that a tree blocks the light in an apartment needs a certificate from Rospotrebnadzor. Specialists must check the premises, assess the real threat and write out the necessary papers. If the tree threatens the façade, title deeds, as well as other documents, will not be required.
If you are not going to waste time and money getting legal permits to cut tree branches, you will have to give up the idea of removing the annoying plant. Otherwise, it should be taken into account that unauthorized felling on foreign territory is illegal. The violator will be liable under article 8.28 of the Code of Administrative Offenses of the Russian Federation "Illegal felling, damage to forest plantations or unauthorized digging of trees, bushes, lianas in forests" and article 260 of the Criminal Code of the Russian Federation "Illegal felling of forest plantations".
