Land in the cottages village

01.09.2010 10:29
Articles about real estate | Land in the cottages village Holding in our country a major land reform, strengthening the institute of private ownership of land and income growth of the working population of some urban residents began to associate their own housing problem solving to the construction of residential building outside the city, which could be permanent residence and quickly accrue city. The first way to suburban apartment building "protoruvaly" representatives of big business. And they began to use these facilities not only as a summer residence, but as a permanent residence. Because of the size of country houses that were built big businessmen "business first call" for these buildings is firmly entrenched in the name of "cottage", ie, individual large residential building, located on a separate plot.
However, the practice of recent years shows that interest in building their own house in suburban areas began to show and some other categories of citizens, as a rule, representatives of the so-called "middle class" - small and medium entrepreneurs, managers of large businesses and government officials . According to polls, 53% citizens of Ukraine would prefer for their home city, not in multi-apartment house. And despite the fact that not all applicants have the opportunity to realize tangible plans for their resettlement in a country house, number of citizens who are searching for land in suburban areas to build their own houses has increased so much that it began to appear in Ukraine building ( developer) company specializing in compact construction of buildings located cottage - a cottage village.

Legal description cottage village

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Unfortunately, current legislation of Ukraine does not contain a definition of "cottage" and therefore does not regulate the question of their construction. That's why every building company that operates in this segment of the construction business, invested in this notion of their content. However, the practice of building a cottage village provides information for certain generalizations. It is believed that for a cottage reserved for its construction land must have communal infrastructure (transportation, energy, telecommunications, sewage, etc.), social infrastructure (schools of trade, public catering, consumer services, preschool, etc.) and only a single construction project and builder. Moreover, the experience of the first cottage villages demonstrates the necessity of establishing common standards are the joint and even social homogeneity contingent inhabitants original "klubnosti.
Most cottages are located outside major cities, or even outside of any settlements. Cottage town reduced, usually by a single plan (project) development, which involves the construction of a number of houses one or more types.

Purpose of land for cottage building
Land Code of Ukraine is based on fundamental rule under which the cottage, like other construction sites may be erected only on land earmarked which allows such construction.
However, analysis of the Land Code of Ukraine shows that the only category of land, which allowed housing and, accordingly, permanent residence, the land is residential and public buildings. According to Art. 38 Code to residential land and public buildings owned land within the settlements, which are used for placement of residential buildings, public buildings and facilities, other public facilities. However, as stated in Art. 39 of the same Code, land use residential and public construction is performed according to the general plan of settlement, other urban planning, land and business plan system in compliance with state standards and norms, regional and local building rules.
In Articles 40-42 of the Land Code of Ukraine stipulates that on land residential and public buildings may include residential buildings such as: 1) individual houses, designed for residence and his family members, 2) multi-residential buildings, consisting with two or more separate dwellings (apartments) and, accordingly, intended to stay two or more people and their families.
Thus, the Land Code of Ukraine established that, firstly, housing permitted on the lands of residential and public buildings that, secondly, within the settlements. In other words, the Land Code of Ukraine does not permit the allotment of land for housing outside settlements. Then the question arises whether legitimate authorities diverted land, located outside the settlements, for building a cottage village?
Before you answer the questions, we noted that the current Land Code of Ukraine to the allotment of land for building houses not only permanent, but temporary (seasonal) residence. These include plots that are available to citizens for 1) individual or collective gardening and 2) for cottage building. Such land may be outside the settlements.

Construction of a cottage village on land granted to citizens for gardening and cottage building
The main purpose of land granted to individual or collective gardening is growing and laying Supplies (cluster of trees and fruit trees). However, part of land granted to a citizen of horticulture can be used for construction and operation of residential houses and commercial buildings necessary for seasonal residence and his family members, and to store business inventory, etc. grown products. However, garden house can not be used for registration of permanent residence of the owner, because as a rule, land for horticulture are outside the settlements and have no address.
It should also be noted that the use of citizen to citizen provided horticultural land only for the construction of residential houses and commercial buildings is a violation of the purpose of such land. After laying and breeding perennial fruit plantations are the main feature of qualifying purpose and targeted use of land granted for gardening.
Often referred to as citizens provided them dachamy gardens that do not comply with current legislation. The fact that under the Land Code of Ukraine (Article 121), citizens have the right to acquire land for cottage building it, and their legal regime differs substantially from the legal regime of garden land. Cottage area, unlike the garden, do not apply to agricultural land and land to recreational purposes, and can be used to build a summer residence (holiday house) as the private (individual) recreation. Therefore the main purpose of land summer is the construction and maintenance of holiday homes intended for temporary (seasonal) residence and vacation cottage owner and his family. A bookmark garden or flower garden in part of this site is a voluntary business owner giving.
Thus, on land granted to citizens for gardening and cottage building outside settlements can reduce garden and summer houses. And the size of such buildings are not limited by law. However, DBN 360-92 "Planning and development of urban and rural settlements" defined certain criteria garden and holiday houses. Thus, in item 3.41 of the DBN definition of "garden house" as the building of summer (seasonal use), under which listed building in matters of regulation, building area, exterior construction and engineering equipment does not meet the standards established for residential buildings, and therefore DBN rules V.2.2-15-2005 homes. Guideline does not apply to the design of such buildings which are intended for temporary accommodation.
As the holiday home, in paragraph 3.41 DBN 360-92 defined it as a dwelling house for use during the year to pozamiskoho rest. In addition, Mr. 3.48 This provision is defined coordination rules limiting the size of storeys and building area of garden house and holiday home, according to which "the total area of floors and holiday homes and commercial buildings in the area established architectural planning task in view of existing building and other regulations on distances and insulation of buildings and adjacent land areas, and local rules for development, building and garden - gardening statute or cooperative association in consultation with the local architecture and urbanism.
In this regard the Ministry of Construction, Architecture and Housing and Communal Services of Ukraine in its clarification "about requirements for new construction and reconstruction of existing areas and summer horticultural societies and associations of citizens of July 1, 2006 stressed that location and design of these houses in the settlements established summer cottages not charter companies, and must be carried out in accordance with standards established for residential estate development (including requirements DBN B.2.4-1-94, DBN 360-92, Public Health Ping 173 and DBN V.2.2-15-2005).
Thus, assuming that the current land legislation prohibits the construction of houses outside the villages, building and sanitary legislation does not create legal obstacles to building gardens and country houses of all sizes to create a cottage village land can be used, intended for gardening and cottage building.
Creating a cottage village on land designated for gardening and cottage building, possibly subject to certain conditions established by law. The main condition is that these plots as the way, and land intended for the individual dwelling can be provided only to citizens. Legal persons are not subjects of rights to the above types of land. This conclusion follows from the concept art. 40 Land Code of Ukraine, which established that the citizens of Ukraine by a decision of the executive or local government can be transmitted in donated property or leased land for the construction and maintenance of residential houses, commercial buildings and garage building within the standards established by this Code . Free transfer rate over citizens may acquire ownership of land for specified requirements under civil laws. The fact that only individuals can be subjects of rights to land designated for gardening, holiday and individual housing construction, said in the article. 121 of the Land Code of Ukraine. It, inter alia, stated that the citizens of Ukraine have the right to free transfer of land from public land or communal property in such amounts: 1) d) for the construction and maintenance of residential houses, commercial buildings and structures (smallholding) in the villages - not more than 0.25 hectares, in villages - no more than 0.15 hectares in urban areas - less than 0.10 hectare, and 2) doing gardening - less than 0.12 hectare, 3) for individual cottage building - no more than 0 10 hectares. This means that the current land legislation does not allow a construction companies as legal entities in the ownership or lease of any land that can be used to build them a cottage village.
However, as noted above, land outside of settlements can be granted to citizens for collective gardening. According to Art. 35 Land Code of Ukraine, collective gardening can be conducted by citizens within the horticultural society, which is a legal entity.
Land provided for horticultural societies of citizens for collective gardening, consist of two parts: a general land use and land that actually used for gardening and attached to the citizens of member horticultural society. Earth public companies and horticultural land, the consolidation of its Member States have different legal regime. Earth public horticultural society is the object of his private property as a legal entity. These plots of land owned, occupied protective strips, roads, travel, buildings and structures and other public facilities. Land horticultural societies that are attached to its members, designed to lay the long and growing fruit trees, as well as for the construction and operation of the home garden and commercial buildings. Such plots are transferred to citizens - members of the community in perpetuity.
So, when creating cottage law model can be used horticultural society. This approach has already found a group of citizens of Ukraine who wish to become owners of cottages in the cottage. These citizens should unite in the horticultural society, that is a legal entity in the organizational and legal form of cooperatives, and get a plot of land with the purpose for doing gardening, which in turn must be divided by the total land use and land the members of this society. The next step is to conclude the agreement for the construction company building a comprehensive land horticultural society garden cottage-type buildings and objects of social infrastructure.
Similarly can be created and chalet company that also has to sign a contract with a construction company building the complex on the territory of such societies individual cottage resort houses and objects of social infrastructure.
However, the above scheme a cottage village is not quite convenient for developers, companies with organizational and legal standpoint. First, not all cases, you can find a group of citizens who, having the desire to take ownership pozamiskoho cottage, ready to deal with a horticultural society, seeking land for him and set aside land for the construction of such a town. All this requires much time and money. Second, the horticultural society in the creation and abduction he lands the rights to this land belong to citizens, companies and members of society as a legal person. This in turn means that everything will be built on their private land (buildings, etc.) not owned by developer and thus the citizens and society. In this situation, the builder will not easily get the results of their construction activity maximum income market. So far in all cases appropriate suburban cottages built on land designated for collective gardening and cottage building.
That is why in our country takes in practice of so-called English system of building a cottage village. It is that the property developer gets the land, the amount of which is sufficient to build 150-200 houses, divides it into an appropriate amount of land, ordering the project construction, these areas zabudovuye Cottage individual buildings, public facilities and infrastructure sells these items under citizens that found a country cottage owners and entrepreneurs who intend to use the social infrastructure for cottage work in the respective business activities (shops, schools and other community services, etc.). Buyers of houses and other facilities in the cottage under contracts of sale of a single object - land and cottage located on it, and possibly other commercial buildings - request for ownership of the object and use it to meet its own needs.
Unfortunately, we have noted that the application for the construction of English cottage village in Ukraine has no appropriate legal framework. Therefore we can confidently assert that those cottages that are built around Kyiv and other cities on the English system, built in violation of many of the current legislation of Ukraine.

Improving legislation on the allocation and use of land for building a cottage village

Despite the lack of sufficient legal basis for building a cottage village, these towns still under construction. In our view, building a cottage village to acknowledge socially useful type of land use. In the first such recognition must be made in the form of inclusion in the current land legislation such changes that would, first, legalized land allocation for construction of a summer cottage villages and, secondly, balancing the interests of developers, local communities and society at large in finding and allocating land suitable for making cottage villages.
In our opinion, one of the priority measures to improve legislation on the cottages should be the recognition of legal entity that carries out construction work, subject to ownership and lease rights to land intended for the cottage, and possibly also other residential buildings. We believe that not only citizens, but also legal persons should be empowered with this right. And legal entity to provide appropriate developer and approval of the right land for cottage homes within the maximum dimensions that must be clearly defined by law.
It's no secret that becoming a country cottage owner would realize that right in the ecologically clean area near the river or other water body or in a wooded area. Accordingly, developers using the lack of relationship to land acquisition for cottage construction and abusing his "connections" with officials of relevant authorities, choose the location for building a cottage village. So often these towns built on land on which such building is not allowed at all. At the same documents on land allocation are made so that violations of land laws quite effectively hidden. In this regard the legislation as appropriate, in our opinion, to impose the rule of reservation land for cottage built in order to protect especially valuable in agricultural and environmental ways of land allocation for cottage building.
It should be thought over and differentiation of land tax as a means to streamline allocation of land for cottage building. Yes, if cottage is built on forest land designation or water fund lands, then obviously the land tax should be on the order higher than tax on adjoining land, provided for individual housing construction in the settlements. In addition, land tax should be significantly greater in cases where the owner of the cottage would be "prykotedzhnu" large land area. This regulation should take the size of such land. Finally, we consider appropriate to resolve the issue of recognition for owners of country cottages right of permanent residence registration, which in turn requires a decision on assigning email addresses Cottage homes and cottages - the status of settlements.
Apparently, the problem of improving the legislation is a many cottages. So to solve it only seems insufficient changes in existing regulations. Obviously, it is overdue on the Law of Ukraine "On the cottages" that would comprehensively regulate the land and other relations in this area, starting from the allotment of land for cottage construction and finishing of their sales to citizens and others. We believe that implementation of the legislation of Ukraine in the above suggestions will not only legalize the allotment of land for cottage construction outside the settlements, but also protect the public interest in the use of land as a national treasure.

Pavlo Kulinich
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