Is it possible to hang an advertising banner on the balcony? Placement of advertising on the balcony.

I want to use my balcony as a stand for advertising and, if possible, make money on it. Does this require someone's permission?

This idea comes to many. But the matter is extraordinarily troublesome. First of all, you must coordinate your undertaking with the owner of this balcony.

§ P. 5 Art. 19 of the Federal Law "On Advertising"

You probably consider yourself the owner. Actually it is not. By law, enclosing structures (that is, walls and other structures that separate the outer space from the inner one) are the common property of the owners of apartments in an apartment building.

• § Art. 36 of the Housing Code of the Russian Federation

So the outer plane of the balcony or loggia fence, not to mention the outer wall, is a common house property. To use it, you must obtain permission from the general meeting of apartment owners, that is, more than half of them must declare that they do not object to your " advertising campaign". Then the organ must have its say local government this is the most difficult stage. They may refuse.
Refusal is possible only on certain grounds, in particular, due to a violation of the external architectural appearance of the existing development of the settlement or urban district.

• § P. 15 Art. 9 of the Law "On Advertising"

Within three months from the date of receipt of the decision to refuse, you can apply to the court to declare such a decision unlawful.

ATTENTION!
Unauthorized installation advertising design not allowed! It is subject to dismantling on the basis of an order from the local government. For violation of the legislation on advertising, citizens are fined from 2,000 to 2,500 rubles.

• § Art. 14.3. Code of administrative offenses RF

But not everything is so sad. The Law "On Advertising" does not apply to political advertising (including election campaigning), signs and signs that do not contain advertising information, and announcements that are not related to entrepreneurial activity.

So you can try to imagine the sign "Shop" as a pointer and risk hanging it on your balcony. True, you will still use common house property, so it would be nice to get the consent of the tenants. To go to the municipal government or not decide for yourself. If you are wrong, then the authorities themselves will inform you about this and require you to remove the ad. But a more law-abiding way is to find out what requirements for the design of balconies and facades were adopted in your city, and follow them.

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Advertising on balconies: a simple profitable business without investment

Welcome to Financial Genius! Today I want to bring to your attention a very simple profitable business idea without investments: advertising on balconies. This type of business requires almost no costs, no special special knowledge and skills, so we can say that it is available to everyone, it is perfect for beginner entrepreneurs, as the main or additional way to earn money. So, let's consider what advertising on balconies is as a type of business, how to conduct this activity and what you should pay attention to.

Surely many of you have seen advertising on the balconies. It definitely catches the eye, because it is not placed on special advertising structures, but where, in general, it should not be, so the effectiveness of such advertising is always high, and there is always and will be a demand for balcony advertising in a good or right place, especially if you offer such services correctly. It looks something like this:

As you can see, advertising on balconies can be different: sometimes they are solid and even luminous structures, but most often they are just stretched advertising banners, which is the best inexpensive advertising option for both regular and changing advertisers.

So, advertising on balconies can become good business, which consists in mediation between the owners of apartments and houses and advertisers who want to be placed there after your profitable offer. It will be necessary to work in two directions:

1. Negotiate with the owners of advantageously located balconies and housing organizations about the possibility of advertising on the balcony;

2. Offer commercial and political structures to place their advertisements in good and prominent places.

- Legislation in the housing sector.

In each country, the norms of the law may be different, moreover, they are constantly changing, so I will not cite any specific points of specific laws. Let me just say what you need to pay attention to:

1. Is it possible to advertise on a balcony without the consent of any government authorities? Most often, this is expressly prohibited, and any placement outdoor advertising requires approval from local authorities. Then you need to study the procedure for such coordination and act, of course, being ready for refusal. But there are always loopholes in the law. For example, in current law About Advertising RF The ban does not apply to political advertising, signboards, signs, and advertising of everything that is not related to entrepreneurial activity. Here you have many opportunities to advertise on balconies without approval.

In addition, practice shows that very often advertising on balconies hangs for years, let's say, illegally. Especially when we are talking O small towns and not in the most visible places. In this case, the owner of the balcony, at worst, can be forced to dismantle the advertisement and pay a fine, the amount of which is usually small. During the time that this ad will hang, until someone catches on, he will earn ten times more.

2. Is it possible to advertise on balconies without the consent of the housing organization? Most often, it is also impossible, since the walls of the house and the balcony usually belong to the housing organization, and not to the owner of the apartment. But it will be much easier to negotiate with her: you can conclude a lease agreement for advertising space and pay small payments, I think they will not be superfluous for any housekeeping office, which, as you know, always does not have enough money.

When you carefully study the legislation in these two directions and find the best ways to develop such a business, you can open an advertising business on balconies.

To do this, you will need to register as an entrepreneur and open a bank account to which advertisers will transfer money, and you, accordingly, will pay housing organizations and apartment owners for renting advertising space.

When this is done, you can proceed directly to the implementation of the business idea. Look for balconies that are advantageously located and not yet occupied by advertising, and negotiate with tenants and homeowners about the use of balconies for advertising purposes. Optimal would be houses whose balconies overlook the central streets, or are located in places with a large concentration of commercial facilities (so they can be used as signboards and signs like “The most delicious sausage is sold here!”, Etc.). It is best to pay attention to the balconies located on the 2nd floor: they are the most visible, although everything, of course, depends on each specific case.

The easiest way would be to negotiate with low-income residents, single people, pensioners, who obviously would not additional source income. After consent is received from the direct owner of the balcony (better - several balconies in one promising house) - proceed to negotiations with the housing organization. Often decisions on the possibility of advertising on balconies are made at general meetings of residents: come to this meeting and convince residents that they will not lose anything from this, but will only receive additional financial resources that can be used for the needs of the house and themselves.

Next, you will need to find advertisers. If you have already agreed with the owners of balconies and homeowners - hang at least one balcony in each house with your own banner "Advertising" and your contact phone number. So some advertisers will find you themselves.

But you should not count on this alone: ​​start searching for advertisers on your own. Leave your advertising proposals in various commercial structures and political parties, focus on shops and firms located nearby. It is best to create a kind of “portfolio” with types of balconies on which advertising can be placed and demonstrate it to potential advertisers. I will not dwell on the principles of business negotiations- this topic is worthy of separate consideration, and someday I will return to it.

I will dwell a little on the commercial component. General principle payment and distribution financial resources you can use the following: half of the money that the advertiser pays you, you pay the owner of the balcony and the house company for renting a place, the other half is left to you. Prices for balcony advertising can be very different, depending on the city and the location of the balconies. Well, let's say $50 to $1,000 a month. Therefore, it all depends on where you live, and with the owners of which balconies you can negotiate. To correctly set the price for advertising on the balcony, just ask other entrepreneurs about the cost of such services from the client's point of view.

Well, your total earnings will also depend on these parameters, as well as on how wide the network of balconies will be covered by you (there is always room to expand your business), and how active you will be in terms of attracting advertisers.

Now you know how you can build a business on advertising on balconies. Very often, people are looking for business ideas that do not require investments, which would be simple, affordable and, at the same time, profitable: here you are, one of them. And remember that starting a business always opens up wider prospects for earning and developing than working for an uncle.

On the Financial Genius website, you will find many other interesting opportunities for earning and investing, learn how to competently build relationships with banks, maintain a family budget and manage personal finances. Stay with us and stay tuned for updates!

We use advertising on the balcony of a residential building - we comply with the law and rules

Advertising on your balcony is a fairly common practice in recent years, which can bring some passive income. It should be noted right away that advertising on the balcony of a residential building cannot be placed independently, without the consent of regulatory authorities and utilities.

A common sight in the city.

When selling advertising space, you must first find an advertiser. It is necessary to find an interested individual or entity, because not all companies will want to advertise where no one will see it.

In addition, it is very good if there is a cafe, beauty salon or other service industry establishment under your balcony, because in this case it will be possible to place the name of the establishment.

If it was not possible to find interested parties on your own, then you can contact an advertising company that specializes in finding customers. For a certain amount or a commission for advertising, specialists will be able to find a tenant.

Is all this legal?

It is important to understand that it is not enough to turn to advertisers and fix a banner on your balcony. Obtaining all kinds of permits that the law requires is a bit of a hassle.

Many people believe that the balcony is their property, but this is far from the case.

In accordance with the current legislation, any enclosing structures of multi-apartment residential buildings (structures that separate the outer space from the inner one) are the common property of the owners of all premises of a multi-storey residential building.

The outer side of the loggia and balcony, as well as any external walls, is not personal property, but common house property, regardless of the location relative to your apartment.

In order to use your external planes for advertising purposes, you need to enlist the support of more than 50% of the owners of the premises in your house.

In other words, they shouldn't be against advertising on your balcony. As a rule, it is usually not so difficult to persuade half of the tenants.

Conflict situations should be avoided.

Then you need to contact the municipal government. Everything is already much more complicated here, because in some cases future businessmen receive an instant refusal. It may be due to the fact that placed advertising banners will violate the architectural appearance of the building and adversely affect appearance structures.

If the municipal authority issued a refusal to you, then within 3 months after that, the citizen can file a lawsuit in court to recognize this decision illegal.

The law prohibits unauthorized installation of advertising posters on their balconies, because the municipal authority can immediately dismantle them without the consent of the owner. In addition, a fine will be imposed on a citizen for such behavior (albeit a small one, in the amount of 2000-3000 rubles).

That is why, in principle, without the consent of the municipal authority, it is possible to place signs “ hardware store”, “Spare parts”, etc. on your home balcony. But it is worth remembering that in this case, common property will still be used, so the law requires the consent of half of the residents.

How to agree?

As noted above, if you want to place advertising banner or a poster on your balcony, then you must proceed in the following sequence:

Find an advertiser who is interested in placing a banner on your balcony. If you cannot find a tenant on your own, you can contact the advertising agencies who specialize in this area;

As soon as you find an interested person, you will need to obtain consent to advertise from half of the residents of the house. Going around all the apartments and asking each tenant personally is tiring, so you can convene a general meeting of the owners of the premises, at which you can enlist the support of 50%;

After the support from the residents is received, you need to contact the municipal self-government body, which, after considering the issue and application, can issue permission for the banner, or prohibit the installation of any advertising on the facade of the building. If you want to install an advertisement for the sale of your apartment, then you can not coordinate this with the governing bodies.

Of course, the search for an advertiser can be postponed until all permits are received, because not all tenants agree to an advertising banner posted on the facade of a residential building. Yes, and the self-government body may well hack this idea in the bud.

In addition, for individuals in this case, a fine of 1,500 rubles is provided, for legal entities - up to 1 million rubles.

What should I do if an advertisement on my balcony was posted without my knowledge?

As a rule, such a problem arises if a person lives on the second floor, and the apartments below it are commercial premises (shop, beauty salon, cafe, etc.). In this case, business owners may not ask permission from the owner of the balcony and install an advertising structure directly on the outside of his loggia.

One of many typical conflicts.

In this case, you should not dismantle the banner yourself. It is recommended to apply to the municipality, the management company, where they must accept the application and take measures to eliminate illegal advertising. But usually the owners of such establishments themselves directly negotiate with the tenants of the apartment, receive permission from the regulatory authorities, so there are no problems with advertising in this case.

Small summary

Permission is not required.

Naturally, one should not expect large incomes from such a passive business. In some cases, the monthly remuneration does not exceed 2-3 thousand rubles, which will be an insignificant increase in the budget of most Russian families.

Worth checking out general rules for signs and advertising structures. Video.

Experts do not recommend doing this without taking into account all the rules and with fear to wait for the moment when the employees of the governing bodies come, remove everything and issue a fine. It is best to contact the regulatory authorities, write a statement and honestly get permission.

Balcony Advertising Laws

(adopted by the State Duma of the Federal Assembly of the Russian Federation on February 22, 2006, current version)

(as amended by Federal Laws No. 231-FZ of 18.12.2006, No. 18-FZ of 09.02.2007, No. 48-FZ of 12.04.2007, No. 193-FZ of 21.07.2007, No. 310-FZ of 01.12.2007 , dated 05/13/2008 N 70-FZ, dated 10/27/2008 N 179-FZ, dated 05/07/2009 N 89-FZ, dated 09/27/2009 N 228-FZ, dated 12/17/2009 N 320-FZ, dated 12/27/2009 N 354-FZ, dated 05/19/2010 N 87-FZ, dated 07/27/2010 N 194-FZ, dated 09/28/2010 N 243-FZ, dated 04/05/2011 N 56-FZ, dated 06/03/2011 N 115-FZ, dated 01.07.2011 N 169-FZ, dated 11.07.2011 N 202-FZ, dated 18.07.2011 N 218-FZ (as amended on 20.07.2012), dated 18.07.2011 N 242-FZ, dated 21.07.2011 N 252- FZ, dated 11/21/2011 N 327-FZ, dated 07/20/2012 N 119-FZ, dated 07/28/2012 N 133-FZ, dated 05/07/2013 N 98-FZ, dated 06/07/2013 N 108-FZ, dated 02.07. 2013 N 185-FZ, dated 07/23/2013 N 200-FZ, dated 07/23/2013 N 251-FZ, dated 10/21/2013 N 274-FZ, dated 11/25/2013 N 317-FZ, dated 12/21/2013 N 375-FZ , dated 12/28/2013 N 396-FZ, dated 12/28/2013 N 416-FZ, dated 06/04/2014 N 143-FZ, dated 06/28/2014 N 190-FZ, dated 07/21/2014 N 218-FZ, dated 07/21/2014 N 235-FZ, dated 07/21/2014 N 264-FZ, dated 07/21/2014 N 270-FZ, dated 11/04/2014 N 338-FZ, dated 12/29/2014 N 460-FZ, dated 12/29/2014 N 485-FZ, dated 31.12.2014 N 490-FZ, dated 03.02.2015 N 5-FZ, dated 08.03.2015 N 50-FZ, dated 03.07.2016 N 304-FZ, dated 05.12.2016 N 413-FZ, dated 03.28.2017 N 44-FZ)

Chapter 1. General Provisions

Article 1. Purposes of this Federal Law

The objectives of this Federal Law are the development of markets for goods, works and services based on the observance of the principles of fair competition, ensuring Russian Federation unity of the economic space, the realization of the right of consumers to receive fair and reliable advertising, the creation favorable conditions for the production and distribution of social advertising, the prevention of violations of the legislation of the Russian Federation on advertising, as well as the suppression of the facts of inappropriate advertising.

Article 2. Scope of application of this Federal Law

1. This Federal Law applies to relations in the field of advertising, regardless of the place of its production, if the distribution of advertising is carried out on the territory of the Russian Federation.

2. This Federal Law does not apply to:
1) political advertising, including election campaigning and campaigning on referendum issues;
2) information, disclosure or dissemination or bringing to the consumer of which is mandatory in accordance with federal law;
3) reference, information and analytical materials (reviews of internal and foreign markets, the results of scientific research and testing), which do not have as the main goal the promotion of goods on the market and are not social advertising;
4) messages from state authorities, other state bodies, messages from local governments, messages from municipal bodies that are not part of the structure of local governments, if such messages do not contain information of an advertising nature and are not social advertising;
5) signboards and signs that do not contain information of an advertising nature;
6) announcements of individuals or legal entities not related to the implementation entrepreneurial activity;
7) information about the product, its manufacturer, importer or exporter, placed on the product or its packaging;
8) any elements of product design placed on the product or its packaging and not related to another product;
9) references to the product, the means of its individualization, the manufacturer or the seller of the product, which are organically integrated into works of science, literature or art and in themselves are not promotional information.

3. The provisions of this Federal Law relating to the manufacturer of goods also apply to persons performing work or providing services.

4. The special requirements and restrictions established by this Federal Law with regard to advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, unless the advertisement of means of individualization individual product, its manufacturer or seller clearly does not apply to the product, in relation to the advertising of which this Federal Law establishes special requirements and restrictions.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:
1) advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, generating or maintaining interest in it and promoting it on the market;
2) the object of advertising - a product, means of individualization of a legal entity and (or) a product, a manufacturer or seller of a product, the results of intellectual activity or an event (including a sports competition, concert, competition, festival, risk-based games, betting), to attract attention to which advertising is directed;
(As amended by Federal Law No. 89-FZ of May 7, 2009)
3) goods - a product of activity (including work, service) intended for sale, exchange or other introduction into circulation;
4) inappropriate advertising - advertising that does not comply with the requirements of the legislation of the Russian Federation;
5) advertiser - a manufacturer or seller of goods or another person who has determined the object of advertising and (or) the content of advertising;
6) advertising producer - a person who fully or partially converts information into a form ready for distribution in the form of advertising;
7) advertising distributor - a person who distributes advertising in any way, in any form and using any means;
8) advertising consumers - persons whose attention is drawn to the object of advertising by advertising;
9) sponsor - a person who provided funds or ensured the provision of funds for organizing and (or) holding a sports, cultural or any other event, creating and (or) broadcasting a television or radio program, or creating and (or) using another result creative activity;
10) sponsorship advertising - advertising distributed on the condition of mandatory mention in it of a certain person as a sponsor;
11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state;
12) antimonopoly body - the federal antimonopoly body and its territorial bodies.

Article 4. Legislation of the Russian Federation on advertising

The legislation of the Russian Federation on advertising consists of this Federal Law. Relations arising in the process of production, placement and distribution of advertising may also be regulated by other federal laws adopted in accordance with this Federal Law, regulatory legal acts President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation.

Article 5. General requirements for advertising

2. Unfair advertising is recognized, which:
1) contains incorrect comparisons of the advertised goods with the goods in circulation, which are produced by other manufacturers or sold by other sellers;
2) defames honor, dignity or business reputation persons, including a competitor;
3) is an advertisement of a product, the advertising of which is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of an advertisement of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to the advertising of which the relevant requirements and restrictions are established, as well as under the guise of advertising of the manufacturer or seller of such goods;
4) is an act of unfair competition in accordance with the antitrust laws.

3. An advertisement that contains untrue information is recognized as unreliable:
1) about the advantages of the advertised product over the goods in circulation, which are produced by other manufacturers or sold by other sellers;
2) any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions for the use of the product, its place of origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of the goods;
3) on the assortment and on the configuration of goods, as well as on the possibility of their purchase in certain place or within a specified period;
4) on the cost or price of the goods, the procedure for its payment, the amount of discounts, tariffs and other conditions for the acquisition of goods;
5) on the terms of delivery, exchange, repair and maintenance of goods;
6) about warranty obligations the manufacturer or seller of the goods;
7) on exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of goods;
8) on the rights to use official state symbols (flags, coats of arms, anthems) and symbols international organizations;
9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;
10) on the recommendations of individuals or legal entities regarding the object of advertising or on its approval by individuals or legal entities;
11) on the results of research and testing;
12) on granting additional rights or benefits to the purchaser of the advertised product;
13) on the actual amount of demand for the advertised or other goods;
14) on the volume of production or sale of the advertised or other goods;
15) on the rules and deadlines for holding a competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for obtaining them, as well as the source of information about such event;
16) on the rules and terms of risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, betting, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets;
17) on the source of information subject to disclosure in accordance with federal laws;
18) about the place where, prior to concluding a contract for the provision of services, interested persons can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation;
19) about the person obligated by the security;
20) about the manufacturer or the seller of the advertised goods.

4. Advertising must not:
1) induce to commit unlawful acts;
2) call for violence and cruelty;
3) be similar to road signs or otherwise endanger the safety of road, rail, water, air transport;
4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons;
5) contain information of a pornographic nature.
(Clause 5 was introduced by Federal Law No. 252-FZ of July 21, 2011)

5. Advertising is not allowed:
1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;
2) an indication that the object of advertising is approved by public authorities or local governments or their officials;
3) demonstration of smoking and consumption processes alcoholic products;
(As amended by Federal Law No. 218-FZ of July 18, 2011)
4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications intended for medical and pharmaceutical workers;
5) an indication that the advertised product is produced using human embryonic tissues;
6) an indication of medicinal properties, that is, a positive effect on the course of the disease, the object of advertising, with the exception of such an indication in advertising medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices.
(as amended by Federal Laws No. 200-FZ of 23.07.2013, No. 317-FZ of 25.11.2013)

6. In advertising, it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and a citizen, official state symbols (flags, coats of arms, hymns), religious symbols, cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List.

7. Advertising is not allowed, in which there is no part of the essential information about the advertised product, about the conditions for its acquisition or use, if the meaning of the information is distorted and consumers of advertising are misled.

7.1. In advertising of goods and other objects of advertising, cost indicators must be indicated in rubles, and, if necessary, they may additionally be indicated in foreign currency.
(Part 7.1 was introduced by Federal Law No. 48-FZ of April 12, 2007)

8. Advertising of goods, in respect of which the rules for use, storage or transportation or regulations for use have been approved in accordance with the established procedure, must not contain information that does not comply with such rules or regulations.

9. It is not allowed to use in radio, television, video, audio and film products or in other products and distribute hidden advertising, that is, advertising that has an effect on their consciousness that is not realized by consumers of advertising, including such an effect through the use special video inserts (double sound recording) and in other ways.

10. It is not allowed to place advertisements in textbooks, teaching aids, another educational literature designed to teach children the basic educational programs primary general, basic general, secondary general education, school diaries, school notebooks.
(as amended by Federal Laws No. 252-FZ of 21.07.2011, No. 185-FZ of 02.07.2013)

10.1. It is not allowed to place advertisements for information products subject to classification in accordance with the requirements of the Federal Law of December 29, 2010 N 436-FZ “On the Protection of Children from Information Harmful to Their Health and Development”, without specifying the category of this information product.
(Part 10.1 was introduced by Federal Law No. 252-FZ of July 21, 2011)

10.2. It is not allowed to distribute advertisements containing information prohibited for distribution among children in accordance with the Federal Law of December 29, 2010 N 436-ФЗ “On the Protection of Children from Information Harmful to Their Health and Development”, in intended for children educational organizations, children's medical, health resort, physical culture and sports organizations, cultural organizations, organizations for recreation and rehabilitation of children or at a distance of less than one hundred meters from the boundaries of the territories of these organizations.
(Part 10.2 was introduced by Federal Law No. 252-FZ of July 21, 2011)

11. When producing, placing and distributing advertisements, the requirements of the legislation of the Russian Federation, including the requirements of civil legislation, legislation on the state language of the Russian Federation, must be observed.
(Part 11 as amended by Federal Law No. 231-FZ of December 18, 2006)

Article 6. Protection of minors in advertising

In order to protect minors from abuse of their trust and lack of experience in advertising, it is not allowed:
1) discrediting parents and educators, undermining the confidence in them among minors;
2) inducing minors to persuade their parents or other persons to purchase the advertised product;
3) the creation in minors of a distorted idea of ​​the availability of goods for a family with any level of income;
4) creating the impression among minors that the possession of the advertised product puts them in a preferable position over their peers; 5) the formation of an inferiority complex in minors who do not possess the advertised product;
6) showing minors in dangerous situations, including situations that encourage them to commit actions that pose a threat to their life and (or) health, including causing harm to their health;
(Clause 6 as amended by Federal Law No. 252-FZ of July 21, 2011) age group for which this product is intended;
8) the formation of an inferiority complex in minors associated with their external unattractiveness.

Article 7. Goods, advertising of which is not allowed

Advertising is not allowed:
1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
2) narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and parts thereof containing narcotic drugs or psychotropic substances or their precursors;
(as amended by Federal Law No. 87-FZ of May 19, 2010)
3) explosive substances and materials, with the exception of pyrotechnic products;
4) human organs and (or) tissues as objects of sale and purchase;
5) goods subject to state registration, in the absence of such registration;
6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;
7) goods, the production and (or) sale of which requires obtaining licenses or other special permits, in the absence of such permits;
8) tobacco, tobacco products, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters;
(Clause 8 was introduced by Federal Law No. 274-FZ of October 21, 2013)
9) medical services for artificial termination of pregnancy.
(Clause 9 was introduced by Federal Law No. 317-FZ of November 25, 2013)

Article 8

In the advertisement of goods for the remote method of their sale, information about the seller of such goods must be indicated: name, location and state registration number of the record on the creation of a legal entity; surname, name, patronymic, main state registration number of the entry on the state registration of an individual as an individual entrepreneur.

Article 9

In an advertisement announcing a competition, game or other similar event, the condition for participation in which is the purchase of a certain product (hereinafter referred to as the promotional event), the following must be indicated:
(As amended by Federal Law No. 416-FZ of December 28, 2013)
1) the timing of such an event;
2) a source of information about the organizer of such an event, about the rules for holding it, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.

Article 10. Social advertising

1. Advertisers of social advertising may be individuals, legal entities, state authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies. 2. State authorities, other state bodies and local governments, as well as municipal bodies that are not part of the structure of local governments, purchase works, services for the production and distribution of social advertising in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(as amended by Federal Law No. 396-FZ of December 28, 2013)

3. The conclusion of an agreement for the distribution of social advertising is mandatory for an advertising distributor within five percent of the annual volume of advertising distributed by him (including the total time of advertising distributed in television and radio programs, the total advertising space printed edition, the total advertising area of ​​advertising structures). The conclusion of such an agreement is carried out in the manner prescribed by the Civil Code of the Russian Federation.

4. In social advertising it is not allowed to mention specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, about individuals and legal entities, except for the cases provided for by part 5 of this article.
(as amended by Federal Law No. 115-FZ of June 3, 2011)

5. The restrictions established by part 4 of this article do not apply to references to public authorities, other government bodies, local self-government bodies, about municipal bodies that are not part of the structure of local self-government bodies, about sponsors, about socially oriented non-profit organizations that meet the requirements established by this article, as well as about individuals who find themselves in a difficult life situation or need treatment, in order to provide them with charitable assistance. In social advertising, it is allowed to mention socially oriented non-profit organizations in cases where the content of this advertisement is directly related to information about the activities of such non-profit organizations aimed at achieving charitable or other socially useful goals.
(Part 5 was introduced by Federal Law No. 115-FZ of 03.06.2011)

6. In social advertising distributed in radio programs, the duration of the mention of sponsors cannot exceed three seconds, in social advertising distributed in television programs, with film and video services - three seconds, and such a mention should be given no more than seven percent of the frame area , and in social advertising distributed by other means - no more than five percent of the advertising area (space). These restrictions do not apply to references in social advertising to state authorities, other state bodies, local governments, municipal bodies that are not part of the structure of local governments, socially oriented non-profit organizations, as well as individuals who find themselves in difficult life situation or in need of treatment, in order to provide them with charitable assistance.
(Part 6 was introduced by Federal Law No. 115-FZ of June 3, 2011)

Article 11

If, in accordance with the Civil Code of the Russian Federation, an advertisement is recognized as an offer, such an offer is valid for two months from the date of distribution of the advertisement, provided that no other period is indicated in it.

Article 12. Terms of storage of promotional materials

Advertising materials or their copies, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be stored for a year from the date of the last distribution of advertising or from the date of expiration of such contracts, except for documents in respect of which the legislation of the Russian Federation establishes otherwise.

Article 13. Provision of information by the advertiser

The advertiser, at the request of the advertiser, is obliged to provide documented information on the compliance of the advertisement with the requirements of this Federal Law, including information on the availability of a license, mandatory certification, and state registration.

Advertising on your balcony is a fairly common practice in recent years, which can bring some passive income. It should be noted right away that advertising on the balcony of a residential building cannot be placed independently, without the consent of regulatory authorities and utilities.

A common sight in the city.

When selling advertising space, you must first find an advertiser. It is necessary to find an individual or legal entity interested in this, because not all companies will want to advertise where no one will see it.

In addition, it is very good if there is a cafe, beauty salon or other service industry establishment under your balcony, because in this case it will be possible to place the name of the establishment.

If it was not possible to find interested parties on your own, then you can contact an advertising company that specializes in finding customers. For a certain amount or a commission for advertising, specialists will be able to find a tenant.

Is all this legal?

It is important to understand that it is not enough to turn to advertisers and fix a banner on your balcony. Obtaining all kinds of permits that the law requires is a bit of a hassle.

Many people believe that the balcony is their property, but this is far from the case.

In accordance with the current legislation, any enclosing structures of multi-apartment residential buildings (structures that separate the outer space from the inner one) are the common property of the owners of all premises of a multi-storey residential building.

The outer side of the loggia and balcony, as well as any external walls, is not personal property, but common house property, regardless of the location relative to your apartment.

In other words, they shouldn't be against advertising on your balcony. As a rule, it is usually not so difficult to persuade half of the tenants.

Conflict situations should be avoided.

Then you need to contact the municipal government. Everything is already much more complicated here, because in some cases future businessmen receive an instant refusal. It may be due to the fact that the placed advertising banners will violate the architectural appearance of the building and adversely affect the appearance of the building.

If the municipal authority issued a refusal to you, then within 3 months after that, the citizen can file a lawsuit in court to declare this decision illegal.

The law prohibits unauthorized installation of advertising posters on their balconies, because the municipal authority can immediately dismantle them without the consent of the owner. In addition, a fine will be imposed on a citizen for such behavior (albeit a small one, in the amount of 2000-3000 rubles).

That is why, in principle, without the consent of the municipal authority, it is possible to place signs "Hardware store", "Spare parts", etc. on your home balcony. But it is worth remembering that in this case, common property will still be used, so the law requires the consent of half of the residents.

How to agree?

As noted above, if you want to place an advertising banner or poster on your balcony, then you must proceed in the following sequence:

• Find an advertiser who is interested in placing a banner on your balcony. If it was not possible to find a tenant on your own, then you can seek help from advertising agencies that specialize in working in this area;
• As soon as you find an interested person, you will need to obtain consent to advertise from half of the residents of the house. Going around all the apartments and asking each tenant personally is tiring, so you can convene a general meeting of the owners of the premises, at which you can enlist the support of 50%;
• After the support from the residents is received, you need to contact the municipal self-government body, which, after considering the issue and application, can issue permission for the banner, or prohibit the installation of any advertising on the facade of the building. If you want to install an advertisement for the sale of your apartment, then you can not coordinate this with the governing bodies.

Of course, the search for an advertiser can be postponed until all permits are received, because not all tenants agree to an advertising banner posted on the facade of a residential building. Yes, and the self-government body may well hack this idea in the bud.

In addition, for individuals in this case, a fine of 1,500 rubles is provided, for legal entities - up to 1 million rubles.

What should I do if an advertisement on my balcony was posted without my knowledge?

As a rule, such a problem arises if a person lives on the second floor, and the apartments below it are commercial premises (shop, beauty salon, cafe, etc.). In this case, business owners may not ask permission from the owner of the balcony and install an advertising structure directly on the outside of his loggia.

One of many typical conflicts.

In this case, you should not dismantle the banner yourself. It is recommended to apply to the municipality, the management company, where they must accept the application and take measures to eliminate illegal advertising. But usually the owners of such establishments themselves directly negotiate with the tenants of the apartment, receive permission from the regulatory authorities, so there are no problems with advertising in this case.

Small summary

Permission is not required.

Naturally, one should not expect large incomes from such a passive business. In some cases, the monthly remuneration does not exceed 2-3 thousand rubles, which will be an insignificant increase in the budget of most Russian families.

Experts do not recommend doing this without taking into account all the rules and with fear to wait for the moment when the employees of the governing bodies come, remove everything and issue a fine. It is best to contact the regulatory authorities, write a statement and honestly get permission.

Many of us are constantly looking for an opportunity to earn money, and most are interested in the so-called "passive income". We read articles and watch videos, leaf through the press, watch TV, ask our friends, but often do not pay attention to the opportunities that are at our immediate disposal. For example?

It will be about advertising on the balcony. If the front of your house faces a busy street or there is some kind of establishment nearby, say, a hairdresser on the ground floor, then there is every chance of making good money every month without making much effort for this. It is necessary to move only at the initial stage, and when the contract is concluded, nothing will have to be done. Unless you make sure that the advertising poster does not fall off the balcony.

It should be noted that you can do business by offering such advertising platforms not only from your apartment, but also from other interested citizens. After all, advertising on the balcony of a residential building is quite in demand, which means that you can get a good profit.

About the article:

How to sell a place if the balcony is yours

The second option is to find those who will advertise on your balcony yourself. How to do it? You can go around or call nearby businesses, especially the service sector. Also, such advertising may be of interest to federal brands, for example, operators cellular communication, that is, all well-known companies. In this case, you can count on a solid reward, however, the advertising platform will also have to meet certain strict requirements.

How to sell a place if the balcony is not yours

To engage in such activities legally, you must register at least as individual entrepreneur. However, it is necessary to take into account the peculiarities of the taxation system, since in this case large companies It may not be profitable to cooperate with an entrepreneur.

Next, you need to look for those planes that may be potentially interesting to advertisers. These should be plain facades, preferably without advertising at all. Then you will have competitive advantage providing space for advertising.

Another procedure is much more problematic - the search for advertisers. You can search among shopping centers, beauty salons, boutiques, travel agencies, shops and other similar organizations. In general, you need to make a list of those companies that may potentially be interested in advertising on the balcony of a residential building in a particular location.

Hello, is it legal to mount a banner on the balcony of the second floor if we are the owners and serve the house of the HOA? We are also worried about our safety, since these metal structures contribute to free entry into the apartment through the balcony.

Catherine

There's an answer

Responsible

Lawyer

1. According to Article 290 Civil Code of the Russian Federation and Article 36 of the Housing Code of the Russian Federation, roofs enclosing load-bearing and non-bearing structures of an apartment building, as well as other objects that are not parts of apartments and are intended to serve more than one room in the house, are the common property of the owners of the premises in this house and belong to the owners of the premises in house on the right of common share ownership.

Accordingly, the decision to transfer the specified property for use to third parties (including for placing advertising structures on it) should be made general meeting owners of premises in this house.

According to paragraphs. 3-3.1 of part 2 of article 44 of the Housing Code to the competence of the general meeting of owners of premises in apartment building relate:

Deciding on the conclusion of contracts for the installation and operation of advertising structures, if it is planned to use the common property of the owners of premises in an apartment building for their installation and operation;

Making a decision on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude contracts for the installation and operation of advertising structures on the terms determined by the decision of the general meeting.

The decision is made by a majority vote of at least two-thirds of the total number of votes of the owners of premises in an apartment building. Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in the manner established by the general meeting of owners of premises in this building.

1. According to federal law dated 13.03.2006 N 38-FZ "On Advertising" the advertising structure and its territorial location must comply with the requirements technical regulations(Part 4 of Article 19 of the Federal Law “On Advertising”).

Installation and operation of an advertising structure is allowed if there is a permit for the installation and operation of an advertising structure issued on the basis of an application from the owner or other legal owner of the relevant real estate or the owner of the advertising structure by the local government municipal district or the local government of the city district (part 9 of article 19 of the Federal Law "On Advertising").

Responsible

Lawyer

It is necessary to distinguish between the concepts of a balcony and a balcony slab. In accordance with clause "c" part 3 of Decree of the Government of the Russian Federation No. 491 On approval of the Rules for keeping common property in an apartment building", the balcony slab is the common shared property of all apartment owners in the house. However, the interior space of the balcony and double-glazed windows are your property. As you can see from the photo, the advertising structure is attached to the balcony slab. However, in accordance with Part 5 of Article 19 of the Federal Law "On Advertising "The installation and operation of the advertising structure must be carried out in accordance with the concluded agreement, which in turn must be agreed with the owners of the apartment building (at least 2/3), since the concrete slab is a common property. If this has not been done, then you, in turn, have the right apply to the HOA and demand the presentation of the contract.The contract drawn up without the consent of the owners is canceled.You can also contact the outdoor advertising department of the city administration or the prosecutor's office.

Responsible

Lawyer

Hello. The facade of the building (the outer part of the balcony) is not the property of the owner. This plane belongs to all owners. In your case - Homeowners' association. The easiest way to get approval is to gather all the owners, at the meeting it will be possible to decide whether advertising can be hung on the balcony and under what conditions. Thus, the company that carries out the installation must request permission from the HOA, and of course this is not charity. Orally, you can make a remark to them, if no action follows from them, you can contact the authorized bodies.

Driving along the city streets, each of us paid attention to the banners located on the balconies of the apartments. Someone advertises the sale of housing, someone advertises their type of activity, and some even use this technique to declare love to their soulmate. Regardless of the content, the question arises: is it legal? Is it possible or not possible to place various kinds of advertising elements on the balcony?

What does the law say

Studying the "Rules for the maintenance and use of apartment buildings", we come to the conclusion that balcony railings, door panels and windows are the personal property of the owners of housing. But concrete slabs and other structures that perform a protective function are classified as common house property. We conclude that the owner of this apartment has the right to place advertising banners on the balcony. This right is confirmed by Article 17, Part 4 of the LC RF. But at the same time, the owner of the living space is obliged to comply with another law - "On Advertising". According to the requirements of this legislative act, everyone who wishes to place advertisement of impressive size, is required to obtain permission from the local government for this action. On the one hand, the owner of the apartment has the right to hang a banner on the balcony, and on the other hand, he must obtain permission from the local authorities for this. It would seem a paradox? No.

Studying the aforementioned Law, we understand that its effect applies to persons engaged in entrepreneurship and explicit advertising of any product or enterprise. In other words, if a poster posted on a balcony simply advertises the company's products, or the company itself, then local authorities have the right to prohibit its use on the balcony structure. In the event that the owner of the apartment hangs out an advertising banner with information calling to buy a product or use the services of this company, he will have to pay a fine for violating the law.

How to legally hang a banner

• Contact local authorities and obtain official permission.
• Obtain a permit from a home maintenance company.
• Compose with management company agreement, by deducting a percentage of the profits coming from this advertisement.

For getting permits, the advertiser needs to spend personal time, he will have to bear material costs. In this case, this is the payment of a mandatory state duty, the amount of which is within three thousand rubles. In practice, every second advertiser is in a hurry to bypass bureaucratic red tape and hangs a banner at his own discretion. Recall that this carelessness results in a number of troubles, one of which may be a fine.

If you decide to arbitrarily install a banner, remember that representatives of local governments have the right to come and dismantle your advertisement. Since the advertiser's actions are not legal, he is obliged to pay a fine of 2,500 rubles.