On the one hand, treehouses are an example of eco–friendly construction, since they do not require deforestation for their construction. At the same time, you can not spoil the trees, even due to minor damage, the tree can get sick and die, responsibility is provided for this. But there are nuances. Roslesinforg has figured out all the legislative and bureaucratic intricacies of building treehouses.
If you still decide to implement such a project, then you should start with the ownership of the site on which the tree grows, or rather with the definition of the category of land, they are: settlements, forestry, agricultural purposes, etc.
You can specify the information on whose land the tree that you like for the construction of a house or hut grows in state databases or order an extract from the USRN on the public services portal.
The category of land defines the rules for its use, but does not specify what exactly can be built on it. The legislator has not provided any standards for tree houses. Let's consider the most obvious options for the location of a tree – on the territory of a settlement or in a forest.
In the first case, you can build on your land plot with a permitted type of use for individual housing construction, gardening, personal subsidiary farming within a locality or other construction. All the trees located on your plot of land are your property, you can do anything with them.
There are no detailed rules, which means it is logical that the construction standards and the specifics of local legislation should be observed. There are quite a lot of them, the main ones in this case are compliance with fire safety measures, the distances between buildings on the site and the margins from the fence. For example, a doghouse (best suited to designate a "treehouse") should be at least four meters away from the fence.
It is not necessary to coordinate such construction with the local authorities. But this does not mean that, having erected a tree house on their site, the rights to it will be registered. Such a building will most likely not meet the criteria established for residential housing and related buildings on the availability of utilities, area and height of the building. The rules on unauthorized construction will apply to the house. Local authorities or neighbors may apply to the court with a demand for its demolition at the expense of the owner, the imposition of a fine or the removal of a sweep that is not used for its intended purpose.
If a tree grows in a park, a square, in the courtyard of an apartment building in other public places and a tree house is not, for example, part of a landscaping project, it is not worth building non-standard apartments yourself. Local authorities may demand to demonstrate an architectural miracle and fine the initiator of the construction for damage to the tree.
The situation is more complicated with the treehouse of the state forestry fund. For example, your country house is bordered by a forest, and you want to build a hut on such a tree. In total, there are 45 types of permitted forest use (including subspecies) – none of them involves the construction of tree houses.
At the same time, when renting a forest plot for recreational activities, it is allowed to erect non–residential buildings and structures - including canopies, verandas, gazebos. It is also allowed to erect rope parks and other specialized facilities for physical education and sports. However, all these structures cannot be attached to trees, interfere with the formation of the crown of the plant, and violate the integrity of the bark.
Thus, if a tree grows in a forest, then the land under it is federally owned, where unauthorized actions are strictly suppressed and punished. You cannot rent or buy a tree on the root to build a house on it.
Building a tree house, including screwing a structure to the trunk of a tree, using it as a support, hanging structures on branches and any other options for spoiling a tree, including harmless children's shelters, are illegal. If the tree did not die as a result of such construction, an individual will pay a fine of three to four thousand rubles, an official – from 20 to 40 thousand rubles, an organization – from 200 to 300 thousand rubles.
If it turns out that during the construction of the house the tree is damaged to the extent of cessation of growth, the culprit faces retribution for an environmental crime under Article 260 of the Criminal Code of the Russian Federation. The amount of the fine will be higher if the tree grows in a protective forest or in a particularly protective area.
However, there is a caveat, the lands of the forest fund can be transferred free of charge and indefinitely to indigenous peoples for traditional farming. Among the indigenous peoples of Russia, the Nenets, Khanty, Dolgans, Yukaghirs, Tofs, Selkups, Veps, Chukchi and others. They use about 6 million hectares of forests.
In the forests of Siberia and the Far East, treehouses have historically served as a way for humans to save food supplies from predators and the elements. Some small peoples have preserved their traditional way of life and economy to the present day. Tree houses are a necessity for them — they are used as hunting depots or as temporary warehouses for storing game and fur. Such structures are simple covered platforms raised above the ground, built without nails, staples and harm to trees.
Please note that this press release is based on materials provided by the company. AK&M Information Agency shall not be held liable for its contents, nor for the legal and other consequences of its publication.
