Who is responsible for the death of green spaces in the adjoining territory of the new building and where to turn for help

Hello! In the courtyard of our new building, the builders landscaped and landscaped. But in the second season, planted trees - birch trees, linden trees, maples, mountain ash - almost completely died, of which 30% of all plantings survived. What could this be connected with and how can the improvement of the yard be improved?

Sincerely, Elena.

Specialist response

Hello, Elena!

Situations like yours arise quite often and everywhere in the practice of landscaping the surrounding territories. She is familiar with this, she was a witness and an involuntary observer of how young trees and shrubs are planted in the yards of new buildings.

Who is responsible for the green spaces in the adjacent territory of the new building

Successfully landscaped yard area of ​​a new building - a rare occurrence

Let's talk about those plants that were planted in your yard and for some reason they did not grow, but died. As you wrote, these trees were planted near the new building, and most likely you had compensatory landscaping on the site of the cut down plantations before the construction, or the contractor organization, in accordance with contractual obligations, had to carry out landscaping of the developed territory.

Compensatory gardening is understood as the replacement of plants destroyed or damaged by humans with new trees and shrubs.

This begs the main question: who is engaged in compensatory gardening and generally improvement of the adjacent territory? The answer to it can be found in legal sources, laws and regulations.

The main ones that can be referenced are:

  • The Law of Moscow of May 5, 1999 No. 17 “On the Protection of Green Plants”, as amended,
  • Resolution of the Moscow Government of July 29, 2003 No. 616-PP “On improving the procedure for compensatory gardening in the city of Moscow” (as amended on May 26, 2016 No. 290-PP),
  • Decree of the Moscow Government of September 10, 2002 N 743-ПП “On approval of the Rules for the creation, maintenance and protection of green spaces of the city of Moscow” (as amended on July 31, 2007 No. 620-PP).

For other cities of Russia, their own by-laws are similar.

So, according to the laws, the obligation to carry out landscaping, as well as to pay a monetary compensation for the cut down trees lies with the construction organization. Compensation landscaping is carried out throughout the year at the place where the trees were damaged or destroyed. If it is not possible to garden on the same site (there is no free space left for planting or everything is occupied by underground utilities, etc.), planting of new plants is carried out as part of the same administrative unit. The developer, without coordinating all stages of work with various departments, as well as with the Department of Nature Management and Environmental Protection, simply will not be able to obtain a building permit.

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The list of documents to be approved includes the compensatory landscaping project itself, prepared by an authorized design organization. It provides for the proposed new plantings of tree-shrub groups at the construction site, designed in the form of a dendroplane, center and planting drawings. After the completion of construction and installation works, the project is transferred to the balance holder of the built-up territory - the person having the right of operational management or economic management of the property. This may be the Management Company, the operating organization servicing your home, or the appropriate department for improvement of the district administration. Therefore, if you want to find out who is responsible for the plants that died in the yard, find out who owns the house territory.

Regardless of who is the balance holder of the land and buildings on it, he must ensure not only the preservation of green spaces, but also proper care for them. In addition, his duties include the timely replacement of dead or cut down trees with new ones.

Why did the young trees die

The main reason - cost savings on the project of landscaping and landscaping of the yard

In most cases, the cause of death of newly planted trees and shrubs is human greed and neglect. It is unprofitable for the developer to pay costly greening projects, taking into account the fact that he gives a considerable amount of money, acquiring a felling ticket before the start of construction.

So, the main enemies of beautiful and well-groomed yards are:

  1. Low-cost landscaping projects that do not take into account the aesthetic and environmental components, executed on the principle of “just to get rid of”;
  2. Savings on the quality and quantity of planting material;
  3. Unskilled labor carrying out the performance of planting operations;
  4. Lack of proper care of plants after the commissioning of the facility.
  5. The lack of annual funds for the maintenance of the territory.
  6. Human factor.

All the first five points are based on the desire of contractors to increase their profits by any means, while having the lowest possible costs. They save on the removal of construction waste, on high-quality land and on the preservation of old plant soil, specialists who are well-trained in their field, and on good, strong planting stock. All of this together leads to the fact that instead of the natural fall of trees at 10 percent, in your case, the death of the bulk of planted maples, birches, mountain ash occurred.

How can I solve the issue of landscaping

In practice, the solution of the issue of landscaping takes a lot of effort, time and even money

You ask how the improvement of the yard can be improved. Unfortunately, there is little positive. At the moment, residents of apartment buildings are forbidden to clean and plant trees on their own. All landscaping activities, including planting of vegetation, redevelopment decisions are allowed to be carried out only on projects agreed by the authorized authorities.

This is partly justified by the fact that residents of the houses are not familiar with the layout of underground utilities. If you plant trees yourself in the location zone, for example, a water supply system, gas pipeline, power cable, this can lead to problems in the operation of utility networks or cutting down planted specimens at the time of repair or emergency work.

For your part, you can try to plant flower perennial or annual plants in suitable places, create flower beds or flower beds from them. And most importantly - require the organization in whose jurisdiction the courtyard is to properly perform its duties to ensure proper care of plantings, walking paths and other landscaping facilities (benches, gazebos, playgrounds).

If the local area is in critical condition and you are unable to agree with the managing organization on improving the improvement situation, try to contact the Administration of your area or the Department of Nature Management and Environmental Protection in writing.

In the end, I would like to mention the "Million Trees" campaign, in which residents themselves decide which trees to plant in their yard. If you live in Moscow, then you have the opportunity to participate in this annual event, which has been held in every district of the city since 2017. The list of trees that can be planted is published on the Department’s website; you can also find these data on the website of the Moscow Mayor: //www.mos.ru/city/projects/mln-derevyev/. It turned out that chestnuts and lindens are especially popular with Muscovites. In order for your yard to become a participant in the action, contact the District Council with a statement or vote on the Active Citizen portal.

Be active, save your yard!

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