The New Year's Nightmare: How Holiday Decorations can Empty your Wallet
New Year's Eve efforts to decorate the house and yard can turn into not only joy, but also serious financial losses if you do not take into account the requirements of the legislation. Unauthorized installation of garlands, figures, and lighting structures in public spaces, on building facades, and even on one's own property can lead to administrative fines in the tens of thousands of rubles. The information about which Christmas decorations there is a risk of receiving a fine is in the Izvestia article.
Fine for Christmas decorations in the entrance
Unauthorized decoration of an entrance for the New Year without the approval of the management company and neighbors is fraught with serious legal consequences, including heavy fines and even criminal prosecution. The entrance, according to art. 36 of the Housing Code of the Russian Federation, is the common property of the owners of an apartment building. Therefore, any actions to change or decorate it require the consent of all residential owners. Without such approval, the initiative is considered illegal.
Residents can complain about unauthorized actions to the management company, the state housing supervision, the prosecutor's office or Rospotrebnadzor. In addition, such an ornament can attract the attention of the Ministry of Emergency Situations, especially if flammable materials such as paper, cardboard or plastic are used, which directly violates fire safety standards.
Violators face administrative liability. The fine for individuals for violating the rules of maintenance of common property can range from 400 to 5 thousand rubles. If violations of fire safety requirements are detected, the sanctions will increase to the amount from 5,000 to 15,000 rubles.
In addition to administrative penalties, the initiator of the decoration may be held civilly liable at the request of neighbors if, for example, apartment doors were damaged in the process. In this case, he may be charged for repairs and compensation for moral damage.
In the most severe situations, criminal proceedings may be initiated. If a fire occurs due to an unauthorized electric garland, resulting in the death of people, the violator faces charges under Articles 109 or 219 of the Criminal Code of the Russian Federation ("Causing death by negligence" and "Violation of fire safety requirements"). The maximum penalty under these articles is imprisonment for up to four years.
Fine for decorating the facade of an apartment building for the New Year
Residents of apartment buildings should be especially attentive and careful. From a legal point of view, the facade, roof, front doors, canopies and the surrounding area are the common property of the owners of the premises. Consequently, any changes in their appearance, even temporary and seasonal ones, require a formal decision by the general meeting of owners. The installation of garlands, light figures or banners without such prior consent may subsequently be successfully challenged and declared illegal.
"Unauthorized installation of decorations (garlands, figures, banners) on the facade can be regarded as a violation of the rules of landscaping and illegal placement of an advertising structure (if there are elements similar to advertising)," said Matvey Eliseev, a lawyer at Pravo—City law firm, in an interview with Izvestia.
Fire penalty for Christmas lights
At the same time, even a positive and legally executed decision of the general meeting of residents must necessarily comply with all technical and fire safety standards. Improper or artisanal installation of electric lights, the use of non-certified products that do not have the necessary documents, or violation of cable laying rules pose a direct threat to the safety of all residents of the house and can lead to a fire.
— Violation of the rules for installing electric garlands is punishable by a fine under art. 20.4 of the Administrative Code of the Russian Federation. Fines for citizens in this case range from 5,000 to 15,000 rubles," Matvey Eliseev emphasizes.
The main risks, according to the lawyer, are related precisely to the use of non-certified products and the laying of cables with gross violations of the current rules for the installation of electrical installations (PUE). Wiring thrown through windows or doors, carelessly fixed and uninsulated connections — all these are typical reasons for orders and fines from inspectors of the Ministry of Emergency Situations and Energy Supervision.
Coordination of Christmas decorations for shops and cafes
The issue of decorating trade facilities and providing services deserves special and close attention. Owners of shops, restaurants and cafes, trying to stand out from competitors and attract the attention of customers, often install bright lighting and voluminous decorations. However, from a legal point of view, such elements placed on the facade can be officially equated to a signboard or an external advertising structure, the placement of which always requires a separate official agreement with the local administration and the conclusion of an appropriate contract.
Experts point out that for any store, Christmas decorations should not violate the requirements for the appearance of objects established by the municipal rules of landscaping.
— The placement of decorations on the facade is often equated to the placement of signage and requires approval. The elements should not interfere with pedestrians, block the view of drivers, or resemble road signs," the lawyer emphasizes.
Otherwise, the business owner faces a fine for illegal placement of an advertising structure under Article 14.37 of the Administrative Code of the Russian Federation, the amount of which for legal entities can reach 500 thousand rubles.
Fines for Christmas decoration of a private house
For owners of private households and land plots, the rules are somewhat milder, since they are the full owners, however, there are important legal restrictions here. The owner must necessarily take into account the basic requirements of fire safety, so that garlands and decorations do not block escape routes, doors and windows. Tall street structures, such as light arches or large figures, should not exceed the legal boundaries of the site or violate the integrity of the architectural appearance of the territory established by local land use and building regulations.
In addition, even on your own private territory, you can face official complaints if festive lighting or loud music cause significant inconvenience to neighbors. Regular complaints about excessive light or noise "pollution", especially at night, may become a legitimate reason for an inspection by the district commissioner or Rospotrebnadzor staff, followed by the preparation of an administrative protocol.
How to avoid a fine for Christmas decorations: lawyer's advice
In order for the long-awaited holiday not to be overshadowed by unpleasant proceedings and significant financial costs, lawyers strongly recommend that you carefully study the local landscaping rules in advance. In the case of an apartment building, it is necessary to obtain the written support of the general meeting of owners in advance by making an appropriate decision.
All electrical work must be carried out by a qualified professional in strict compliance with regulations, and the decorations used must be safe, certified and not infringing on the rights of others.
— Before decorating, you should familiarize yourself with the local regulations, get permission from the management company, the owners of the house or the administration, if necessary, and make sure that all electrical work and structures are safe. This will allow us to celebrate the holiday without unpleasant consequences," sums up Matvey Eliseev.
Following these simple but important recommendations will help create a truly festive atmosphere that does not result in penalties and conflicts with the law.
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