Video camera in the entrance: is it possible to install surveillance on the landing?
There are quite a lot of questions regarding 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 advisable, although not necessary, to ask neighbors for consent. If it is not received, it is important to ensure that the camera is not pointed directly at their door. These and other issues are covered in detail below.
The content of the article
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 has contradictions, because the Constitution speaks of the unconditional right of a person to maintain the secret of private life (Article 23). On the other hand, it is possible to conduct video surveillance at the entrance if it does not affect a person’s personal life in any way.
When discussing whether it is possible to install a video surveillance camera in the entrance, we should not forget that, according to the Housing Code (Article 36), staircases and the entrance in general are considered common property. Two conclusions follow from this:
- The best way is to coordinate your initiative with your neighbors in the stairwell. And if it is planned to install CCTV cameras in the entrance, for legality it is necessary to hold a house-wide meeting and raise this issue.Moreover, the agreement may well be oral, but it is better to draw up a corresponding document.
- If the neighbors have not expressed 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, you need to do this so that the lens “looks” in any direction, but not at the neighbors’ doors. It is assumed that personal life “begins” in the apartment, so this part of the staircase cannot be photographed even from the outside.
Similar conclusions are confirmed by data from judicial practice. For example, the corresponding definitions 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 video intercom. But only on the condition that you are not filming someone else’s front door or 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 “by default” possible. An exception is cases where a person has provided a written ban on such actions.
When discussing whether it is legal to install cameras in the entrance, many people remember signs warning about the fact of filming. There is a widespread belief that they must be installed. Although in fact this is not so - the legislation does not impose any requirements.
How not to place a 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 residents.But if they do not agree with this method of observation, they simply need to point the lens 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 conducting covert video surveillance. Thus, in some cases there are doubts whether it is possible to install a video camera in the entrance. This cannot be done in the following situations:
- The lens “looks” in the direction of the door (in whole or in part), and the neighbor did not consent to the observation.
- The device is hidden, for example, under a box or a dummy.
- It is immured in a wall or other surfaces.
Those. You can only hang a camera in the entrance clearly, without hiding the very fact of its presence. Although it is not necessary to advertise it - i.e. There are no additional signs. But even if the hidden device is not aimed 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 discovered, the owner may be prosecuted. It involves payment of a fine of up to 200 thousand rubles or imprisonment of up to 24 months. Moreover, the equipment will be ordered to be dismantled, as well as restoration work carried out. To avoid such situations, it is better to think carefully about whether it is possible to install a camera on the landing, and act strictly within the framework of the law.
If the neighbors don't agree
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 hidden 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 neighbors categorically 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:
- Try to negotiate peacefully and explain that you are not going to invade their privacy.
- Offer shared access to all cameras. This can be done via a PC or 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 several. If there is a need to monitor each floor, stairwells, elevator, and local area (yard), it makes sense to hold a general meeting. This will allow:
- obtain the consent of neighbors;
- organize fundraising for the purchase of equipment and installation.
If we are talking about whether it is possible to install a video camera on the landing, and where exactly this can be done, there are several options:
- 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 apartment door.
- 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.
- Installation in the territory not only of the entrance, but also in the yard, in local areas - parking, sports, playground.
Now it’s clear whether it’s possible to install video surveillance at the entrance. The legislation does not prohibit this action, although it does introduce certain rules. There is no need to request special permissions, but it is advisable to obtain at least verbal consent from the neighbors. Next, residents contact a specialized company, clarify the cost of services and agree on a day for the team to leave.