At the same time, owners often do not understand that the managing organization serves only common property. And the playground belongs to the common property of the owners only if it is located on an officially registered adjacent territory and is indicated in the management agreement.

By virtue of sub. 19 p. 1 art. 14 of the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organization of Local Self-Government in the Russian Federation”, issues of local importance of an urban settlement include approval of the rules for the improvement of the territory of the settlement, monitoring their observance and organization of the improvement of the territory of the settlement in accordance with these rules. Therefore, if the playground is not provided for by the project of the house, is located on municipal land and there is no decision of the owners to include it in the common property, then it is municipal property and the local government is responsible for its maintenance.

In cases where a children's playground belongs to the common property of an apartment building, the responsibility for the proper maintenance of which lies with the management company .

In accordance with Part 1 of Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens and the proper maintenance of common property in an apartment building.

Proper maintenance of the common property of owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological welfare of the population, on technical regulation, fire safety, consumer protection, and must ensure:

compliance with the requirements for the reliability and safety of an apartment building;

safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;

availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;

observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons.

By virtue of clause 42 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as Rules 491), managing organizations and persons providing services and performing work in the direct management of an apartment building are responsible to owners of the premises for violation of their obligations and are responsible for the proper maintenance of the common property in accordance with the legislation of the Russian Federation and the contract.

Subparagraph “G” of clause 2 of Rules 491 establishes that the common property includes other objects intended for the maintenance, operation and improvement of an apartment building, including children's and sports grounds located within the boundaries of the land plot on which the apartment building is located.

The main requirements for the organization of playgrounds are determined by a number of national standards, the observance of which must be ensured by the managing organization:

GOST R 52167–2012 “Equipment for children's playgrounds. Design safety and swing test methods. General requirements".

GOST R 52168–2012 “Equipment for children's playgrounds. Design safety and test methods for slides. General requirements".

GOST R 52169–2012 “Equipment for children's playgrounds. Design safety and test methods. General requirements".

GOST R 52299-2013 “Equipment for children's playgrounds. Design safety and test methods for rocking chairs. General requirements".

GOST R 52300-2013 “Equipment for children's playgrounds. Design safety and test methods for carousels. General requirements".

GOST R 52301-2013 “Equipment for children's playgrounds. Operational safety".

GOST R EN 1177-2013 “Shock-absorbing coatings for children's playgrounds. Safety requirements and test methods”.

GOST R 54847-2011 “Equipment and coatings for children's playgrounds. Safety design and test methods for ropeways. General requirements".

GOST 33602-2015 “Equipment and coatings for children's playgrounds. Terms and Definitions".

GOST R 55678-2013 Equipment for children's sports grounds. Design safety and test methods for sports and development equipment.

GOST R 55677-2013 Equipment for children's sports grounds. Design safety and test methods. General requirements".

GOST R 55679-2013 “Equipment for children's sports grounds. Operational safety”.

These standards have developed the basic safety requirements for children's play equipment. It is clear that, first of all, equipment manufacturers are obliged to comply with national standards. But if the playground does not meet the quality and safety requirements, then the responsibility for this discrepancy lies with its owner (managing organization).

The main documents that define the requirements for the installation and operation of playground equipment are GOST R 52301-2013 and GOST R 55679-2013.

In order to properly maintain playgrounds, the managing organization is obliged to carry out the following activities:

Regular visual inspection to check equipment for obvious dangerous defects. The frequency of regular inspection is determined by the owner based on the operating conditions. Playground equipment subject to heavy use or acts of vandalism requires daily visual inspection;

Functional inspection is a detailed inspection to check the serviceability and stability of the equipment, to detect wear of the equipment structural elements. Inspection is carried out once every 1-3 months in accordance with the manufacturer's instructions. During a functional inspection, the stability of the structure is checked, as well as the degree of wear of the sliding surface (slides), the strength of the attachment points;

The annual main inspection is an inspection performed once every 12 months in order to assess the compliance of the technical condition of the equipment with safety requirements.

During the annual main inspection, the following is determined: the presence of rotting of wooden elements; the presence of corrosion of metal elements; the impact of the repair work performed on the safety of the equipment. Particular attention during this inspection should be given to hidden and hard-to-reach items of equipment.;

The results of inspections are reflected in the acts in the forms approved by GOST.

It should be remembered that if there is equipment on the playground that needs repair, the managing organization may be held administratively liable. In addition, there is a risk of childhood injury (in such cases, the risk of criminal liability).

Clause 2 of Appendix 4 to the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 (hereinafter referred to as the Decree of the Gosstroy No. 170), approved the List of works for the maintenance of residential buildings.

Section B of Appendix No. 4 "List of works on the maintenance of residential buildings" among the works in the preparation of residential buildings for operation in the spring and summer period provides, including repairequipment for children's and sports grounds.

As follows from the analysis of judicial practice, the courts adhere to the following position: the managing organization is obliged to bring gaming equipment (which is part of the common property) in accordance with the requirements of the current legislation. In case of breakage of the elements of the children's playground, it is necessary to dismantle them before carrying out repair work (Decision of the Central District Court of Barnaul, Altai Territory in case No. in case No. 2-1297 / 2011, Decision of the Leninsky District Court of the city of Murmansk in case No. 12-236 / 2017 of September 27, 2017 in case No. 12-236 / 2017).

In Decree of the Supreme Court of the Russian Federation No. 306-AD15-10772 dated December 11, 2015: the court refuted the arguments of the managing organization about its unlawful prosecution and pointed out the following violations: exposed elements of reinforced concrete structures; lack of passports for equipment, instructions for installation, inspection, a log for monitoring the technical condition of equipment and monitoring compliance with safety requirements.

Thus, if the common property of houses in your management includes a playground, it's time to check it for compliance with state standards and restore the missing documentation.

Children's playgrounds in the yards of apartment buildings in residential areas are an integral part of the urban landscape, a place of attraction for the children of their parents. The main visitors of the playgrounds - children from 2 to 15 years old - spend several hours here every day. This is a zone that provides physical activity and the full development of small townspeople.

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The quality and ergonomics of the playground design, the safety of its location and the materials used in the construction, ease of access and comfortable conditions for children and parents are the necessary parameters of playgrounds that affect the health of a generation.

Regulations

Documents regulating the construction of playgrounds:

• SP 42.13330.2016 (clauses 7.4, 7.5, 8.2, 9.11, 9.16).
• Decree of the Government of the Russian Federation of December 26, 2014.
• SanPiN 2.2.1/2.1.1.1076-01 (clause 5).

A necessary condition for the approval of the project of a residential building in the examination is the presence of a playground in the landscaped area. The cost of building playgrounds is included in the estimate of each project.

The presence of children's playgrounds is not provided during the construction of the apartments. This form of real estate does not fall into the category of residential buildings.

Documents regulating the safety of playgrounds:

• GOSTs R 52169-2012, R 52168-2012, R 52167-2012 “Equipment and coatings for children's playgrounds.
• Design safety and test methods. General requirements".

According to the above GOSTs, playground equipment should:

• be sustainable;
• be equipped with protective fences and railings;
• have an anti-slip coating on the floor and stairs of shells;
• exclude protruding elements, sharp corners and edges;
• have a shock-absorbing coating.

Besides:

• GOST R 52301 contains the requirements for the operation and control of the health of the sites.
• GOST R 52168 indicates safe types of coatings and types of equipment.
• GOST 2.601 requires a site safety data sheet.

Playgrounds in the courtyard of an apartment building

Playgrounds serve an apartment building on the basis of the Housing Code of the Russian Federation, which includes playgrounds in. First of all, if you find malfunctions and damage to gaming equipment, you should contact there.

If for some reason a playground is not included in the common property of an apartment building and has the status of a “yard”, you should contact the municipal authorities.

They dispose of the urban territory, are the owners of the public facilities erected on it and are responsible for their serviceability. Budgetary funds are allocated for the improvement of these territories within the framework of certain programs.

Elements that are part of children's play complexes and playgrounds:

• slides;
• swings (including rocking chairs and roundabouts);
• stairs, passages, bridges;
• gymnastic elements (nets, ropes, rings, horizontal bars, climbing holds);
• sandboxes;
• benches;
• urns.

In recent years, pilot projects have been developed for luminous elements of playground equipment (swings).

materials

Materials for the manufacture of playground structures must be environmentally friendly and durable. Flammable and toxic materials are not allowed.

Usually applied:

• tree;
• waterproof plywood;
• metal;
• plastic;
• ropes;
• tartan flooring.

Accommodation

To allocate a site for a playground, it is important to comply with the following standards:

• indentation of sites for the collection of MSW (solid household waste) - at least 20 m;
• indent from the windows of residential buildings to playgrounds intended for preschoolers - at least 10 m, for primary and secondary schoolchildren - at least 20 m, to complex playgrounds - at least 40 m, sports and gaming complexes - at least 100 m;
• insolation of the territory - at least 3 hours;
• access for MGN (disabled population groups, including people with prams).

Playgrounds are not allowed to be placed within the production and sanitary protection zones of enterprises (SP 42.13330.2016 clause 8.2).

Playgrounds in the courtyard of an apartment building are one of the stopping points for pedestrians, including MGN. Paths to stopping points should be laid with minimal slopes from the main directions of pedestrian traffic, ensuring the shortest distances to them (SP 42.13330.2016, paragraph 9.16).

The norms for landscaping territories mean that the use of poisonous plants, plants with thorns, thorns or inedible fruits is prohibited at facilities intended for the stay of children.

To expand the horizons and develop the tactile experience of children, it is recommended to use plants of different breeds - deciduous, coniferous, plants with colorful foliage.

Size

The size of the site is calculated based on the number of residents (0.5-0.7 sq. m per person).

The optimal sizes are:

• 50-75 sq. m - a separate small playground for preschoolers (80 sq. m - when combined with a resting place for adults);
• 70-150 sq. m - a standard playground for preschoolers (more than 150 sq. m - when combined with a place for adults to relax);
• 100-300 sq. m - playground for schoolchildren;
• 900 - 1600 sq. m - complex play area.

Children's and sports grounds should occupy at least 10% of the total area of ​​a residential area. In central or historical areas, as well as with dense buildings, the size of the sites depends on the parameters of the territory. The disadvantage is compensated based on regional regulations.

Is fencing allowed?

The fencing of the site elements - children's slides and other projectiles - is strictly standardized by GOSTs. For the safety of children, all projectiles must have protective fences or railings.

The design of the fences should:

• avoid getting stuck in the legs or other parts of the child's body;
• have no damage.

For children under 3 years of age:

• the height of the railings or sides is more than 70 cm (with the height of the elements of the gaming complex from 60 cm);
• equipping stairs with railings from the bottom.

The fencing of the territory of playgrounds is not mentioned in the regulatory documents (only the fencing of sports grounds is regulated by SP 42.13330.2016, clause 7.5).

Installation rules

An application for the installation of a playground in the local area, approved by a majority vote at a general meeting of residents, is sent to the local administration. The application can be sent from the "Personal Account" on the website of the portal of the city or public services. If the response to the application is not received within a certain time, you should be persistent (repeated appeal, calls and letters to the administration).

Requirements for the manufacturer and installation

The choice of a contractor for the construction of a playground should be made in favor of reliable companies using safe materials, certified elements and modern installation methods that offer a reasonable combination of price and product quality.

To date, there are many creative and ergonomic projects of children's play equipment. Choose a playground that will be loved by your children.

If repair is required

The story is this: we have no problems with playgrounds in our area, everything was replaced with modern ones, but everything is very sad for my parents, so their neighbor asked me to "write to someone", otherwise she and her grandson have nowhere to go for a walk. I’ll make a reservation right away, since I didn’t need the site, I used exclusively Internet receptions.

The first appeal was to the City Hall, to the prefecture, to the council and to the GKU "Directorate of Housing and Public Utilities of the SZAO":
Good afternoon. I ask you to instruct to carry out the improvement of the playground in the courtyard of the house at:.
I draw your attention to the fact that the site is in a state that threatens the health of children playing on it. Since the playground has not been updated for several years, the metal structure with the slide is covered with rust, the swing is broken, and it’s generally scary to approach the old sandbox. In addition, only two benches are installed on the site, which also become unusable.
I ask you to replace the playground with a modern playground with a safe rubber coating as soon as possible.

The first answer came from housing and communal services iB
the instruction of the GKU "Engineering Service of the Shchukino District" was given. In the near future, we will jointly examine the site and inform you of the results of the work on the issue. We notify you because the fulfillment of all your requests (children's playground, benches and rubber flooring) may be delayed for some time, as it requires additional funding. Do not worry - your appeal is registered and will not be forgotten.

The fact that they will not forget is already nice ... we are waiting, sir

After examination:
Having considered your appeal, together with the GKU "Engineering Service of the Shchukino District", we inform you.

In 2011, complex landscaping work was carried out in the courtyard area at the address: As a result of the survey of the engineering service, no emergency facilities threatening the life and health of children were identified.

Due to the fact that the address list of the comprehensive improvement program for 2013 has already been formed and approved, and the courtyard area of ​​the houses at the address: is not included in this list, the issue of complex improvement of this courtyard area will be considered in subsequent periods.

My answer:
Good afternoon. Your response to my appeal did not satisfy me. The fact that landscaping work was carried out in 2011 is no longer noticeable in 2013, apparently someone saved on the quality of playground facilities. Do you think that a rusty slide meets all safety standards? I don't think so. Or maybe a swing from which not a single child has already fallen is safe? Or should we wait for death? I ask you to make changes to the address list of the comprehensive improvement program for 2013 or I will be forced to apply to higher authorities.

Government response:
Your appeal has been reviewed jointly with the State Institution of State Institution "IP of the Shchukino District".
According to the GKU IP of the Shchukino district, I inform you that the work on the improvement of the courtyard area at the addresses: was carried out in 2011.
The program for the comprehensive improvement of yard areas for 2013 was formed and approved, the yard area at the addresses: is not included in the address list of the above program, and therefore the issue of landscaping the yard area will be considered in subsequent periods.
I also inform you that at the time of the survey on March 11, 2013, it was established that small architectural forms on the playground located at: are in a satisfactory condition.
Contractor LLC "SK Teplo", serving the yard territory, conducts a daily inspection of the condition of small architectural forms, the result of the inspection is recorded in the journal, and the identified violations are eliminated as soon as possible.
Deputy Head of the Council

Response to management
Good afternoon. Your response to my appeal did not satisfy me. The fact that landscaping work was carried out in 2011 is no longer noticeable in 2013, it seems that someone saved on the quality of playground facilities. Apparently, the contracting organization LLC “SK Teplo” does not notice the rusty slide and swings from which children regularly fall. I do not think that playground facilities should be in a “satisfactory” condition, it should be at least good, so that later all channels do not show stories about the tragic events that happened to children on the playground. I would really like for children to be able to use the playground now, and not when they are 18 years old. Therefore, I ask you to make changes to the address list of the comprehensive improvement program for 2013, or I will be forced to apply to higher authorities.

In the meantime, another answer came from the housing and communal services
The repeated commission, which came out at the specified address, found that: "small architectural forms on the playground are in a satisfactory condition." Despite this, when carrying out work within the framework of the "month" for improvement, the contracting organization LLC "SK Teplo" will carry out work to put in order small architectural forms.

The target list of the comprehensive improvement program for 2013 was formed and approved by all responsible persons. The specified yard area is not included in this list, and therefore the funds for its comprehensive improvement in the city budget of 2013 were not established. The issue of landscaping will be considered in subsequent periods, or in the event that additional funding is allocated for the comprehensive improvement of the courtyard areas of the Shchukino district.

letter to city hall
Good afternoon. I have already addressed you on the issue of landscaping the yard area at the following addresses:. My appeal was transferred to the Prefecture of the North-West Administrative District of Moscow and the Association of Administrative and Technical Inspections of the city of Moscow. So far, I have not received any responses from the above organizations. At the same time, I sent appeals to the administration of the Shchukino district and to the directorate of housing and public utilities and utilities of the SZAO. The responses from these organizations did not satisfy me. They found that the improvement of the courtyard area was carried out in 2011 and they refuse to admit the fact that already in 2013 the site is in a terrible state. These organizations believe that a rusty slide and a swing from which children fall meet all standards. I'm not talking about the shops, which have been in a deplorable state for several years. Due to the fact that the address list of the comprehensive landscaping program for 2013 was formed and approved, but for some reason the site at the above address was not included there, I ask you to amend this list and allocate money from the city budget for landscaping playgrounds, because these “small architectural forms” and their condition cannot compete with playgrounds in other areas of Moscow and simply dishonor the capital.

The answer from the council, nothing new
Having considered your appeal regarding the improvement of the playground located at: I inform you that the address list of the comprehensive improvement program for 2013 has been formed and approved.
Yard area at addresses: not included in this address list, the issue of improvement of the above courtyard area, including the improvement of the playground, will be considered in subsequent periods.
At the same time, I inform you that in the spring period from 04/01/2013 to 04/30/2013, as part of the work to put the territory of the Shchukino district in order after the winter period, the contracting organization SK Teplo LLC will carry out painting works on small architectural forms.
Head of Housing and Public Utilities Department

To be honest, I got tired of it, and the period came when I had no time to solve other people's problems, so I, let's say, let go of the situation. Letters with promises began to arrive in the mail

The last letter to me from the council
Your request has been reviewed. I inform you that the district administration has sent a letter to the head of the Intra-City Municipal Formation of Shchukino in the city of Moscow, T. A. Knyazeva, with a proposal to include the yard area at the address:
Deputy Head of the Council

As a result, gradually over the course of six months, the site was brought into a divine form, replacing everything there, for which at the beginning of our correspondence there was no money

22.05.18 42 616 8

How to improve the yard at the expense of the state

And pay for it with just your time

My friend Vitaly from Irkutsk, together with his neighbors, achieved the improvement of his yard.

Ilya Novikov

acquaintance of a yard activist

A playground, paths, new trees, benches, trash cans and lanterns appeared in the yard. On the road near the house, the asphalt was changed and speed bumps were installed. All this is free.

Here is the yard before the landscaping. Dilapidated trees bent dangerously over the road, only swings remained from the playground, and pits on the asphalt:

Here is the backyard after the renovation. NOT PERFECT, BUT BETTER THAN IT WAS:

The minutes indicate the address of the house, the initiator - a specific owner or managing organization - the time and place of the meeting, the number of owners in the house, its area, the names of those present at the meeting and the voting results.

The meeting elects a chairman

Approves participation in the program

Determines what to do in the yard

Chooses the form of tenant participation

Assigns a project manager

Commits to overseeing repaired facilities

absentee voting- a written apartment-by-apartment survey of tenants who did not come to the meeting. These will be the majority. Ballot papers are used for voting - one for each owner. The newsletter template is also available on the administration website. Members of the initiative group go around the neighbors and indicate in the template the names, passport data, answers to questions from the meeting and receive the missing signatures.

For Vitaly, this stage was the most difficult. He had to independently and with the help of other active residents go around the neighbors and convince them to sign the ballots. The youth agreed easily, but the old had to be persuaded. This work took several evenings. As a result, each house collected 95% of the votes in favor.

Among other things, the residents agreed to come out on a community work day to help with landscaping. Later, Vitaly provided the administration with a letter of guarantee with the names of people who agree to help. The letter is signed by the authorized person.

Apply for landscaping

Residents submit an application filled out according to the template to the administration. A copy of the minutes of the general meeting, absentee ballots and an improvement plan with photographs of the yard are attached to it.

Further, a public commission is formed in the administration, which evaluates applications and makes a decision. The administration publishes lists of yards on the website until April 1 of the next year. Since the budget for the year is limited, the competition commission will not include all households in the program - some of the applications will be transferred to the next year.

If the yard meets the conditions of the program, but it is not accepted, you can complain to the regional government and the Ministry of Construction of the Russian Federation.

Vitaliy found the application form and filling examples on the administration website. At first I filled it inaccurately and the officials asked me to redo it. On the second attempt, the administration accepted the application. Later, the administration called and clarified the number of emergency trees in the yard. A week later, they reported that the yard was included in the program.

Approve the design project

After the yard is included in the program, the administration will prepare a design project for the improvement. This is a detailed diagram of the yard and its surrounding facilities, according to which the contractor will perform work. The design project is approved before July 1 of the year, when the improvement will take place. This is the responsibility of the project manager.

Vitaly discovered that the design project did not take into account the demolition of emergency trees. He asked the administration to finalize the document and signed it on behalf of the residents after making changes.

Supervise the work of the contractor

The project manager supervises the contractors. If the builders violate the plan, the authorized person reports this to the administration in writing.

Vitaly watched the process every day, communicated with the foreman and workers. This helped to prevent problems: the builders were going to work according to an outdated design project, they wanted to replace the asphalt before the emergency trees were cut down, they started installing electric poles in violation of the plan. Vitaly negotiated, involved the administration and ensured that the yard was landscaped in accordance with the design project.

The work of contractors is accepted by a commission of administration employees with the participation of a representative of the residents - they sign an act of delivery of the work performed. If the work is performed with violations, the tenants have the right to refuse to sign and file a complaint with the administration or the Ministry of Construction.

According to the program, the work should be completed before the end of the year. Work in Vitaly's yard went on until November. The tenants have not fully signed the act of acceptance, they are waiting for the completion of work on the playground and the installation of railings on the stairs. In general, the neighbors were satisfied with the result.

In short: how to improve the yard

1. Check on the website of the city administration whether the yard is already included in the federal program.
2. Unite with several neighbors from houses adjacent to the yard.
3. Find out under what conditions landscaping yards in your city.
4. Determine the problems of the yard, make a drawing, hold a general meeting and absentee voting.
5. Apply to the administration. If this is done before September, the administration can include the yard in the program for the next year.
6. Control contractors and sign the certificate of completion.