Is It Possible To Keep Chickens In The Garden, What To Do If The Neighbors Brought Them

2024 Author: Bailey Albertson | [email protected]. Last modified: 2023-12-17 12:53

Is it possible to keep chickens in the garden: what the law says

Have your neighbors in the country decided to start breeding poultry? Or do you want to become a poultry breeder yourself? Does the law allow chickens to be kept in the garden, and what rules and regulations govern this issue? Let's figure it out together.

Content

• 1 Is it possible to keep chickens on the site

  • 1.1 Laws on garden poultry
  • 1.2 Standards for keeping chickens (and other poultry) in SNT
  • 1.3 Building a chicken coop
  • 1.4 Video: distance from the fence to buildings in accordance with GOST

• 2 What to do if neighbor chickens interfere

  • 2.1 When can a complaint be made
  • 2.2 "Who are the judges?"
  • 2.3 Making a complaint
  • 2.4 Timeline for handling a complaint

Is it possible to keep chickens on the site

Many people, having acquired a private house and a backyard, think about breeding animals and birds for personal needs. But often it is this factor that becomes the cause of numerous quarrels with neighbors on the site.

Garden poultry laws

The law allows animals and birds to be kept in garden plots (this is stated in the SNiP document on 02/30/97). Order of the Ministry of Economic Development of the Russian Federation No. 540 dated 01.09.14. also classifies poultry farming as a permitted type of land use.

But there are also the requirements of Rospotrebnadzor and the Sanitary and Epidemiological Station, which should not be violated. After all, first of all, the garden plot is intended for the cultivation of fruit and berry crops, vegetables, and also as a place of rest.

The question of determining the species of animals and birds, as well as their permissible number on the site, is best raised at a meeting of SNT (garden non-profit partnership) in advance. Otherwise, neighbors may have complaints about noise, smell as a hindrance to rest. Relations in connection with the maintenance of dacha and gardening are regulated by the Federal Law No. 66 of 15.04.98 (as amended on 03.07.16).

Keeping livestock and poultry in the garden area is stipulated by Article 13 of Federal Law No. 4979-1 of May 14, 1993.

Standards for keeping chickens (and other poultry) in SNT

The main requirements include the following:

• to keep chickens, it is necessary to have a room that meets the conditions for preventing various diseases and pathologies;
• you need to create an optimal air temperature and humidity in the room, regularly sanitize (to avoid odor);
• all surfaces inside the birdhouse should be equipped with easily washable and disinfectable materials;
• bird feed must meet the requirements of veterinary and sanitary conditions established by international organizations;
• food additives, even foreign ones, must be certified by the veterinary service;
• regular veterinary examination is required to identify diseased individuals;
• different types of poultry should be kept separately.

In addition, manure should not enter the river or any other water bodies that are located on the territory of SNT and pollute the environment. It is best to walk the hens away from the neighbors' fence.

In practice, the owners often do not follow the poultry and its walking. As a child, I often observed this situation in a garden plot adjacent to my grandmother's plot. Chickens could not only walk directly next to the mesh fence, but also made their way into the cracks under it. And this is not only the abandoned droppings, but also trampling of beds, flower beds and other inconveniences. Of course, all these situations led to conflicts.

Therefore, if you intend to start breeding chickens or other poultry, try to comply with all these requirements. After all, these measures will help you avoid conflicts with neighbors. Unpleasant smells, loud sounds that birds emit will certainly not please anyone, but they will interfere with rest.

Building a chicken coop

The chicken coop refers to outbuildings that, by law, must occupy a certain place in the garden (or summer cottage) plot.

The chicken coop should not stand close to the neighbor's fence

I will give an excerpt from building codes and regulations (SNiP) dated 02/30/97.

Thus, according to the indicated rules, the chicken coop must be located at least 4 meters from the neighbor's fence. But if there is a residential house or other structures near the fence, the birdhouse will have to be built at a distance of 12 meters.

So that neighbors do not have a reason to file a lawsuit for non-compliance with these standards, be sure to make sure that your actions are legal before building a chicken coop. Indeed, most often the court takes the side of the plaintiff in this case.

Video: distance from the fence to buildings in accordance with GOST

What to do if neighbor chickens interfere

Consider the opposite situation: you yourself have become the injured party, constant noise from neighboring chickens, rooster crowing, and unpleasant odors interfere. In this case, you need to know in what situation and where to file a complaint against neighbors, how to properly draw up a statement.

When can a complaint be made

The reasons may be incorrect placement of the pen or improper housekeeping by your neighbors, for example, uncontrolled poultry walking.

Often in rural areas, neighbors organize poultry walking outside their area. Moreover, some can put up a fence, while others do not.

I often recall situations from my childhood when it was impossible to walk through certain streets because of the numerous geese, chickens and other domestic animals grazing uncontrollably in our working village. This was a real misfortune not only for me, but also for other children.

Here is the opinion of the lawyer Vladimir Kravchenko on this matter:

The situation may differ in different regions of the Russian Federation - for example, in the Krasnodar Territory there is article 2.4 of the law on administrative violations. It contains information on the uncontrolled keeping of livestock and poultry and involves a fine for these actions in the amount of 3 thousand rubles for ordinary citizens, 20 thousand rubles for officials and 50 thousand rubles for legal entities.

You can try to negotiate with your neighbors and resolve the dispute amicably. If this option is useless, you should know: noise, smell, violation of conditions of detention and walking - all this is a reason to file a complaint against neighbors to the appropriate authority.

Rooster singing at night is one of the reasons for conflict with neighbors

Who are the judges?

When you have disputes with neighbors regarding outbuildings, you need to contact the district administration to resolve them. It happens that the conflict after this appeal is still not resolved. To prove your opinion, you can use the site plan indicating all the distances and boundaries on it. In the BTI, you need to order a copy of the technical passport of the neighboring area.

If the process is delayed, it is better to contact the prosecutor's office with a request to check the location of buildings and sewer systems in neighbors for compliance with federal legislation.

And who can complain if you are exhausted by the nightly crowing of roosters and their aggressive behavior on the street? It is best if your appeals to the administration and other authorities are supported by evidence of harm to you or the environment. These include, for example, testimonies from other people to support your complaints, or certificates that support personal injury caused by the bird. If you can provide a video of the night cock singing, it will also be taken into account in the decision by the authority.

Registration of a complaint

Usually, a complaint is submitted in a free form in writing.

In the upper right corner, the so-called "header" of the document is drawn up, here you need to indicate:

• address and full name of the authority where the complaint is sent;
• position and full name of the person considering the complaint;
• Full name of the compiler and his postal address;
• applicant's phone number and email (if any).

Further, in the middle of the sheet, the word "complaint" is written and the essence of the matter is stated. Be sure to mention in your complaint if you tried to verbally resolve the conflict with your neighbors, but it did not work out. It is advisable to refer to specific violations of the law.

At the end of the document, formulate your requirements: for example, you ask to completely remove the chicken coop from the neighboring area, or it will be enough to transfer it.

The complaint, like any other document, must meet the requirements of the official business style, not have lyrical digressions, conjectures, swear words and expressions of colloquial speech.

Terms of consideration of a complaint

Usually, the time for processing a complaint depends on which authority you applied to.

If you took her to the police station, a decision can be made within 3 days, the term can be extended to 10 or 30 days by the authorities. These terms are regulated by Article 144 of the Code of Criminal Procedure of the Russian Federation.

The administration, prosecutor's office and Rospotrebnadzor should consider your complaint within 30 days from the date of registration in accordance with Federal Law No. 59 "On the procedure for considering appeals of citizens of the Russian Federation"

Applications to the court can be considered within 2 months if the claim is drawn up correctly and court proceedings have begun.

In any case, after filing a complaint, be sure to wait for a response. You can find out about the time of consideration of the complaint on the official website of the instance where you applied, in your personal account or by the application number.

The decision of the authorities may be different: if the question concerns the improper installation of the chicken coop, the neighbors will almost certainly be forced to move it. In the case of noise, odor and other harm from birds, everything will depend on the evidence you provide in addition to the written complaint.

So, if you decide to start poultry farming in your garden area, make sure that you comply with all the rules and requirements for your farm. This must be done in order to avoid conflicts with neighbors. If neighbor chickens bother you, talk to their owners, try to resolve the disputes yourself. If there is a lack of understanding from your neighbors, you can file a complaint with the district administration.