For several centuries, such a concept as the red line of the street has taken root in urban planning. This definition is often found today in the preparation of documents of the right to property or during construction. Therefore, to understand the essence of the red lines of the street, and what they affect, should be anyone who decides to engage in the construction or registration of rights to land, buying real estate.
Definition of a concept
The red line of the street or driveway is the territory that defines the existing or planned boundaries of public land plots. They may contain power lines, communications, communications (pipelines, line-cable structures), as well as highways, roads, railways and other similar objects.
The composition and size of the transverse profile may be different for the same categories of streets or roads. The main elements of public areas (carriageways and their bicycle paths, tram tracks, dividing lanes, pedestrian crossings) and their size depends on the traffic on the road and its intensity. This factor is also called bandwidth. The borders of the red line of the street separate the territory of public use from the plots of land allotted for construction by private individuals. This feature separates streets, alleys, driveways from city and residential areas.
Red lines and legislation
The red lines of roads and streets are determined by the Town Planning Code of the Russian Federation (GRK RF). According to subparagraph 11 of article 1 of this document, under such boundaries should be understood a line 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 Civil Code of the Russian Federation). It is contained in the master plans, schemes and maps of the current and planned boundaries of the city zones.
The width of the red lines of the street determines the configuration of the boundaries of land objects. This stipulates clause 7 of article 36 of the Land Code of the Russian Federation (LC RF).
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 acts in accordance with the statement of the Decree of the Gosstroy of the Russian Federation of 04/06/1998, No. 18-30, which does not contradict the Civil Code of the Russian Federation.
Development options
The red line of the street, the distance of which is regulated by SNiP RK 3.01-01-2008 "Urban Planning", determines the development indicators of residential, public and business zones. This document states that structures and buildings should be located in the territories allotted for the corresponding construction. They are located outside the red lines, respectively, with the projects of settlements.
The planning of red lines is carried out taking into account the free passage of fire engines, utility networks inside sites and other facilities.
Residential and public buildings are indented from the designated areas. 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 red lines influence
According to the documents presented above, the property should not go beyond the boundaries indicated by red lines, and should not cross them.
If the building or the land still crosses the line, it appears in the territory in public use.
According to paragraph 12 of Article 85 of the LC RF, social use plots are not subject to privatization. Therefore, the owner of the building or land does not have the right to privatize it.
Such territories can only be leased. But ownership of the section along which the red line passes cannot pass. And it will not be possible to appeal the decision made by local authorities. Existing court practice has proved this more than once.
When it is important to know about the red lines
What is the red line of the street and driveway, citizens who are planning to build or reconstruct various objects must know. Therefore, such enterprises should be carried out in accordance with the established plan for such borders.
When constructing a new facility (with a few exceptions), you should immediately calculate the plan of the building or structure so that they in no case cross the red line. And most often they should generally depart from these designated zones.
To avoid problems in the future, designers, developers and everyone who takes part in the construction or reconstruction of the facility should take this issue as seriously as possible.
How to learn about the red line
When planning the construction or reconstruction of an object, you should familiarize yourself with the existing red lines running in the immediate area of the work. To do this, you need to obtain information from the Information System for Urban Planning (ISOGD).
The red line of the street is the border that everyone has the right to know. Therefore, when sending a corresponding request to the ISOGD, everyone has the right to receive information about the location of red lines in the specified area.
Such an operation can be performed online. To do this, fill out the appropriate application form and pay a fee for the information provided. For this, the applicant is provided with the relevant details for payment.
If the red line crosses the structure
There are frequent cases when a building with a registered right of ownership constructed more than 20 years ago still crosses the red line. This situation is observed on the central streets of the city and in territories preparing for expansion.
In such cases, the presence of a red line in the territory of a real estate site cannot serve as a reason for the refusal of its privatization. The jurisprudence proves this position and supports the right to sell or purchase such property.
In some cities there is no approved urban planning documentation at all. Therefore, the rights of owners cannot be infringed in principle.
