Video camera at the entrance: is it possible to install surveillance on the landing - Setafi

There are quite a few questions about whether it is possible to install a video camera in the entrance. In fact, every owner or tenant has such a right (upon agreement with the owner), but with a number of conditions. For example, it is desirable, although not necessary, to seek the consent of neighbors. If it is not received, it is important to take care that the camera is not pointed directly at their door. These and other questions are detailed below.

The legislative framework

First of all, you should understand whether it is possible to install a video surveillance camera in the entrance. Judicial practice on this matter is contradictory, because the Constitution speaks of the unconditional human right to preserve the secrets of private life (Art. 23). On the other hand, it is possible to conduct video surveillance in the entrance, if this does not affect the person's personal life in any way.

When arguing whether it is possible to install a video surveillance camera in the entrance, one should not forget that, according to the Housing Code (art. 36) stairwells and the entrance in general belong to the common property. This leads to 2 conclusions:

1. The best way is to coordinate your initiative with your neighbors in the stairwell. And if it is planned to install video surveillance cameras in the entrance, for the sake of legality, it is necessary to hold a general meeting of the house and raise this issue. Moreover, the agreement may well be oral, but it is better to draw up an appropriate document.
2. If the neighbors have not expressed their consent or do not make contact in any way, doubts arise as to whether it is possible to hang a camera in the entrance. In this situation, it is required to do this so that the lens “looks” in any direction, but not at the neighboring doors. It is assumed that personal life “begins” in the apartment, so you can’t even shoot this part of the staircase from the outside.

Similar conclusions are confirmed by the data of judicial practice. For example, the relevant rulings were approved by the city courts in St. Petersburg and Rostov-on-Don.

There is no doubt whether it is legal to install a camera on a landing. Even if there is no consent from the neighbors, the owner can install the device, just like, for example, a doorbell or a video intercom. But only on the condition that there is no filming of someone else's front door, apartment.

Now it is clear whether it is legal to install cameras in the entrance. It is worth considering that civil law prohibits filming without consent, but in public places it is possible to do this “by default”. An exception is cases where a person has provided a written prohibition to commit such actions.

When discussing whether it is legal to install cameras in the entrance, many people remember the signs warning about the fact of shooting. It is widely believed that it is necessary to put them. Although in reality this is not the case - the law does not impose any requirements.

How not to put the camera

The answer to the question whether it is possible to install a video camera on a landing is, in most cases, positive. The owner also has the right to use the common property, like other tenants. But if they do not agree with this way of observing, you just need to point the lens in the direction past the door. That is, is it legal to install a camera in the entrance? Not if she "looks" directly at the door and thus violates privacy.

As for the question of whether it is possible to hang a camera in the entrance, there is no doubt: yes, there is such a right. However, it is worth remembering the categorical ban on covert video surveillance. Thus, in some cases there are doubts whether it is possible to install a video camera in the entrance. You cannot do this in such situations:

1. The lens "looks" in the direction of the door (in whole or in part), and the neighbor did not agree to the observation.
2. The device is hidden, for example, under a box, a dummy.
3. It is immured into the wall or other surfaces.

Those. you can only hang a camera in the entrance explicitly, without hiding the very fact of its presence. Although it is not necessary to advertise it - i.e. there are no additional labels. But even if the hidden device is not directed at the neighbor's door, it still cannot be used. Only the Ministry of Internal Affairs and other competent authorities have the right to hide equipment.

If neighbors start asking questions about whether it is possible to install a camera on the landing, and a violation is revealed, the owner may be held criminally liable. It involves paying a fine of up to 200 thousand rubles. rubles or imprisonment up to 24 months. Moreover, the equipment will be ordered to be dismantled, as well as to carry out restoration repairs. To avoid such situations, it is better to think carefully about whether it is possible to install the camera on the landing, and act strictly within the law.

If the neighbors disagree

As already mentioned, the answer to the question of whether it is possible to install a camera on a landing is positive. But only if you comply with the requirements of the law on the inadmissibility of invasion of privacy, as well as conducting covert video surveillance. Although even if the neighbors do not agree, this does not deprive the owner of the right to install the appropriate equipment and film what is happening on the stairs or in the entire entrance.

If the neighbors strongly disagree and doubt whether it is possible to install video surveillance cameras in the entrance, they can go to court. But in order not to take things to extremes, it is better to act like this:

1. Try to negotiate peacefully and explain that you are not going to invade their privacy.
2. Offer sharing access to all cameras. This can be done through a PC or a mobile gadget connected to the network.

Installation options

It is quite possible to install a camera in the entrance, and in different places - one or more. If there is a need to monitor each floor, flights of stairs, elevator, adjacent territory (courtyard), it makes sense to hold a general meeting. This will allow:

• obtain the consent of the neighbors;
• organize fundraising for the purchase of equipment and installation.

If we talk about whether it is possible to install a video camera on the landing, and where exactly this can be done, there are several options:

1. The simplest case is on the platform in front of the door, in the vestibule. Allows you to observe only what is happening on the floor, directly next to the door of the apartment.
2. The installation of a camera in the entrance is legally carried out in the entire entrance, i.e. on each floor, starting from the front door.
3. Installation on the territory not only of the entrance, but also in the yard, in the adjoining territories - parking, sports, playground.

Now it is clear whether it is possible to install video surveillance in the entrance. The legislation does not prohibit this action, although it introduces certain rules. It is not necessary to request special permissions, but it is desirable to obtain at least the verbal consent of the neighbors. Further, the residents contact a specialized company, clarify the cost of services and agree on the day the team leaves.