How to build a cottage, to avoid being pulled down: the "right" and "wrong" ground

12.12.2010 14:32
Wanting to buy or build a summer residence away from the city quite a lot, and in the vast lands of Moscow and the surrounding areas, fortunately, more than enough, that's just to build houses can be far from universal. Therefore, buying land (with a contract and without), or finished object, we must be careful, because the illegally constructed dwelling may even start up for demolition.


Proper land ...
The Land Code of the Russian Federation (Article 7) for the intended purpose highlights seven categories of land:

- Agricultural land,
- Land settlements;
- Industrial, energy, transportation, communication, radio, television, defense, etc. of land for special purposes;
- Lands of specially protected territories and objects (they have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable, it is, for example, therapeutic areas and resorts);
- Forest land;
- Water fund lands (occupied by water bodies or relating to water protection zones);
- Reserve lands.

But the construction of cottages allowed in only two of them - on agricultural lands and settlements. The first group includes the land below the settlement provided for agriculture: under arable land, meadows, pastures, perennial plants, etc. For the construction of villas are allocated land of inferior quality or unfit for agricultural production.

The second category includes the same land used for construction and development of urban and rural settlements and suburban land. Buildings are permitted only in accordance with the urban development plan.

"Under certain restrictions, to build temporary dwellings can also be on forest land, and there are cases where municipalities choose to give individual building land for special purposes, such as former military units" - adds Ilya Diskin, director of the Silver Horseshoe ". However, recent examples - it is rather the exception than common practice.

In addition, each of the above categories of land has a number of permitted uses (RVI) ", - says Irina Bashilova, head of legal department management company" Volga problem. " And the problem can only be built on land with certain RVI.

In the lands of settlements - is land intended for low-rise and individual housing construction (IZHS), as well as for gardening and cottage building. And in the agricultural lands - a land for gardening and dacha construction and management of cottage industry.

"And on farmlands with RVI" a country house construction, you can build a residential structure with or without the right to register it on the "land for gardening" - residential building without the right to registration, and on the land for horticulture - the living non-capital structure - also without the right registration ", - says Alexander Kovalenko, commercial director Uniparx Service. "And on farmlands with RVI" for agriculture "can only be broken garden and a maximum build an arbor," - says Anna Shishkina, marketing director of the Criminal Code "Absolute Management.

Today in the Moscow region, according to Alexander Kovalenko, about 85% of housing estates are, or are on agricultural land with RVI "a country house construction, while the remaining 15% - on land settlements with the RVI" for individual housing construction. "

... And correct problem

To build or buy "regular" summer cottage, should also comply with certain conditions. These conditions are dictated largely technical regulations and standards of fire safety. "But in the lands of settlements with RVI" individual housing construction, "the developer can independently determine the location of the house in the area, building area, number of storeys, type of materials and structures, etc. And on agricultural lands with RVI "horticulture, gardening and dacha construction" contractor is usually constrained by the framework of the project organization and development of the territory of gardening association ", - says Irina Bashilova (" Volga problem ").

And at the same time, as is explained by Ilya Diskin ("Silver Horseshoe"), in the case of construction on the land settlements is not a detached house and cottage (dacha) settlement limits will be stricter, since these lands fall under the direct responsibility of the municipality and must be provided with social infrastructure. That is, should always be planned driveways, a playground, utilities, etc., and for the townships, which are located on agricultural lands, is not required.

"The standards development on the lands of settlements established by local authorities. Sometimes they are called "Codes of accomplishment," the basis for which, nevertheless, serve as the basic building standards established by federal legislation ", - says Irina Bashilova.

But among the basic norms are distinguished primarily SNIP 2.07.01-89 "Town. Planning and development of urban and rural settlements; VNS 59-88 "Electrical residential and public buildings. Design standards; SNIP 2.04.08-87 "Gas" and, of course, snip 02/30/1997 "Planning and development areas of gardening (summer), associations of citizens and buildings.

Naturally, in such a quantity of documents of various requirements and restrictions imposed on the value problems are vast. Regulated by the distance between buildings on the site and distance from your house to the border of a neighboring site to the street and travel, and these distances depend on the materials from which houses are built. Determined by the number of floors, specifies various restrictions, if close - sanitary or environmental area, the railway, an architectural monument.

Possible punishment

What happens if you build a house is not there, where we have set? 222-I of the Civil Code considers such a structure as unauthorized, and therefore, sooner or later it will be demolished, and pay for it will be the "owner". Plot in connection with its improper use can also be removed from the owner in a court decision.

What's on the mind of the legislator
Perhaps in the foreseeable future country house construction will face new restrictions. Not so long ago, the Regional Development Ministry has published a bill proposed a ban on construction of suburban farmlands and lands outside the boundaries of settlements in 2015, and has caused a fierce debate in the media, although on this matter has not yet gone. But the direction of the state thought that's obvious.


"It is possible that later on agricultural land will only be available for a particular purpose and procedures will be tightened as the transfer of land from one category to another, and change the permitted use, and for the owners of such land, set a specific deadline for legalization in the manner prescribed by law of their buildings on agricultural lands "- suggests Julia Rublev, deputy head of legal department TransRegionInvest. The truth, according to Boris Tsyrkina, CEO of Kaskad Family, this idea of the Ministry is extremely doubtful. And today, in practice, the landowner can not join their territory to a neighboring village, because no more than 20% of municipalities have their own master plans and schemes of territorial planning districts are still not approved.

A year ago they would have to be taken under regional administrations in each subject, but this was not done primarily because of lack of money. "As a result, developers have to apply to the district administration to change the permitted use if you have land for farming purposes, and you want to build on its capital structure, - explained the expert. - What happens if you now take this law? The question will have to decide on the level above, at the regional level of administration a specific area. " The result - the project "will stretch over time, since a change in category takes two to three times longer than the change of RVI, and this, in the opinion of Boris Tsyrkina may lead to an increase in the cost of suburban" square ", because while the change would be consistent category of land, the developer will be forced to pay interest on loans taken for construction, and all these costs will affect the final buyer.

"The cost problems for end customers grow significantly, because the developer will increase the cost of site preparation for development. He now spends an average of 1,500 dollars for one hundred square meters: the wholesale cost of the land - about $ 1000 for a hundred and change of its permitted use of the "country house construction - about $ 500 per hundred square meters. And if the law is accepted, then there is the need to transfer land from the category of "agricultural" in the category of land settlements with the possibility of individual house building that will add to the wholesale price weave another 1000 dollars "- makes the calculation of Anna Shishkina (Absolute Management). And Valery Lukin, head of the office of "Transfiguration" Department of suburban real estate company INCOM-Realty, believes that the forced transfer of land from one category to another will lead to higher prices weave for 3-5 thousand dollars, and the final offer price could rise almost 50%.

"In addition, more market participants will be engaged in transfer of land from one category to another, and hence increase and" informal "transfer prices", - adds Ekaterina Orlova, a deputy general director of AES-Development ".

In addition, as the developer and the private owner of the site will be required to obtain permission to build a house, which means that not only increase costs, but also between the various approvals (for example, the procedure for transfer of land, according to calculations by Valery Lukinova will take at least two years) . According to Ludmila Ezhova, executive director of Terra Real Estate ", a similar law in general can stop individual housing construction in economy class. "However, those who managed to draw his suburban estate in the property, in any case can not afraid of anything, because the law is not retroactive," - says Valery Lukin.

Most market participants outside Moscow real estate to such a bill are negative, but there he and supporters: "This bill is necessary to take a long time, especially given the ongoing anarchy in the country market, when the collective farm fields are sold under the guise of cottage townships, where there never will be utilities . The cost of villas will expand, but along with this rise and standards of country living "- says Ilya Diskin (project" Silver Horseshoe ").

Summary of Real Estate Magazine www.metrinfo.ru
Today there are only two categories of land that are permitted country house construction - agricultural land and land settlement. But the purchase of land should pay attention not only to the category of land, but also for the type of permitted use, you can build on land designated for gardening and dacha farming and for individual housing construction, of course, with all the rules and requirements cottage. It is not excluded that the categories of land, permitting construction, reduced to a settlement lands, but until appropriate legislation be adopted, and even not fully developed.
www.metrinfo.ru

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