According to the Land Code, land must be used for its intended purpose and holiday homes are no exception.
Photo: RASYUK Tatyana Vitalevna. Go to Photobank KP
Clouds are gathering over the owners of abandoned cottages and plots. Rosreestr has drawn up a bill according to which the owners will have to start taking control of it within three years. The deputies of the relevant committee have accepted the idea and will consider it in the first reading. Moreover, some people’s representatives are even tougher than the officials and propose not to bother with the unfortunate owners for three years, but to solve the problem more quickly.
“The issue of abandoned land is one of the most urgent,” State Duma deputy and chairman of the Union of Summer Residents of the Moscow Region Nikita Chaplin told KP.RU. “However, there is no effective mechanism for eliminating unused areas. The horticultural community has been waiting for such criteria for a long time. The next step will be to develop procedures for interaction between the SNT and the authorities, which will be able to inspect the sites and submit documents to the court. Currently, local governments are not involved in this work, even when criteria are not needed, for example, with confiscated property, despite notifications from the SNT.
“Therefore, to lose the country house in the near future, significant efforts will have to be made,” Chaplin added ironically.
“Abandoned plots are a real problem,” Evgenia Savelyeva, a land relations lawyer, told KP.RU. “The land must be used for its intended purpose, as stipulated by the Land Code, including in relation to summer cottages. Therefore, excessive growth and the presence of dilapidated and unused buildings constitute a violation of land legislation. In addition, there is a risk of fire. Therefore, in addition to Rosselkhoznadzor and Rosreestr, these areas are also dealt with by the Ministry of Emergency Situations, which imposes fines for excessive land growth.
But the situation is this: the owner cuts the grass, does not let the hogweed grow, but does not build a house, there is no money, it is not like taking a handful of change from his pocket. In this case, how?
“The issue here is not the presence or absence of a house, but the use of the land,” says the lawyer. – The owner can keep the place in proper condition and come there to relax and breathe air; In this case there is no infringement. In general, it must be understood that the existence of property rights also entails certain responsibilities. And if the owner cannot cope, he can sell the plot, rent it and, if this is not possible, completely abandon the right to ownership.
The presence of dilapidated and disused buildings on a dacha plot is a violation of land legislation.
Photo: Shutterstock.
The fine is currently 20 thousand rubles, but this amount may be increased during the debate.
“The new law will affect all categories of citizens; It affects territories in populated areas, as well as orchards and orchards,” Rosreestr explained to KP.RU. – The criteria for non-use of land will be determined by the government of the Russian Federation. The bill does not provide for new fines or other sanctions. And the withdrawal is already provided for in the current Civil Code (articles 284 and 285).
HOW THEY ARE PUNISHED NOW
Lawyer Evgenia Savelyeva told how negligent landowners are now punished:
– According to the Code of Administrative Offenses (Part 3 of Article 8.8 of the Code of Administrative Offenses of the Russian Federation) for failure to use a land plot intended for housing and other construction, gardening, horticulture, provided that the obligation to use such land within a specific period is enshrined in federal law and is provided for administrative liability:
– Imposition of a fine of 1% to 1.5% of the cadastral value of the land plot, but not less than 20 thousand rubles.
– For officials: from 1.5 to 2% of the cadastral value of the site, but not less than 50 thousand rubles.
– For legal entities: LT from 3 to 5% of the cadastral value of the land plot, but not less than 400 thousand rubles.
If the cadastral value is not determined, the fine amount is as follows: for citizens from 20 thousand to 50 thousand rubles, for officials from 50 thousand to 100 thousand rubles, for legal entities from 400 thousand to 700 thousand rubles.
WHY IS THIS DONE?
“This measure is aimed at increasing the efficiency of land use in Russia due to the large number of abandoned plots in populated areas and non-profit gardening associations,” explained Rosreestr.
In total, according to the Unified State Register of Real Estate, there are 12.5 million garden plots and 540 thousand vegetable plots in Russia. Experts estimate that the proportion of abandoned plots is 10-15%.
WHAT THEY SAID IN ROSRESEST
In response to a request from KP.RU, Rosreestr explained why a new law is needed.
“The current legislation does not specify exactly how much time is needed for development and what is meant by development of a plot of land. This gives rise to a large number of questions. A common occurrence is the acquisition by citizens of a plot of land with plans to build a house. However, the site may be unsuitable for construction, for example, swampy. The draft law gives a reasonable period of three years to prepare for construction.
Another problem is the cases of land acquisition for resale without the intention of carrying out construction or agricultural works. As a rule, it is impossible to influence such persons, as they hide behind the fact that they need time to develop the land, although in reality the land is completely suitable for use. The bill, on the contrary, obliges such persons to use the land for its intended purpose and in accordance with the permitted use.
In addition, abandoned plots of land pose a fire hazard, are overgrown with hogweed and become waste dumps. The presence of such plots complicates the activities of gardening and vegetable growing associations: summer residents cannot quickly solve problems, SNT accumulates debts for contributions from the owners of such lands.”
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