Ministry of Regional Development has published a draft law introducing a ban on construction of suburban land for agricultural purposes and outside settlements, ie, in most horticultural associations.
It now will be to erect new buildings or rebuild old ones who already have a cottage, remains unclear: formally a new law this right does not give them.
Earth - peasants
The bill "On Amendments to the legislative acts regarding clarification of the legal regime of the garden, vegetable and suburban land, prepared by the Ministry of Regional Development, was published on the site offices in early September. In a memorandum to the draft, the Ministry reported that the document was developed in order to implement the Constitutional Court ruling of April 14, 2008.
Recall, then the COP found the "inconsistency of legislative rules" in terms of regulating the issue of registration in country houses, and to allow citizens to obtain permanent registration in such houses. Now the Ministry of Regional Development proposes to prohibit residence in country houses, which are outside the settlements and are located on agricultural lands, and that if not the majority, then at least half of the land of the Russian market.
Most important innovation offered by the ministry, is that now all the land will be divided into three categories: garden (possible only garden), garden (you can plant trees, shrubs, and place buildings) or summer (you can build a house and farm buildings ). However, the plots should now be only within the boundaries of settlements, not to agricultural land, and construction will need to obtain a permit, which would give the developer the right to construct, repair or reconstruction of the house.
Building permits will not be possible without the adoption of the rules of land use and development, urban development plan, land schemes and planning organization of land, etc. To do this, Ministry of Regional Development proposes to amend Art. 51 Development Code, which now allows the construction without obtaining such permission.
In accordance with the draft law granting land plots for all three categories, too, will now take place on the new rules. In particular, land, registered for public use, especially valuable lands, lands of specially protected areas and land with harmful impacts (debris, landslide area), caused by land degradation, will not be available for gardeners. An exception is made only in part of the land, registered for public use: they can be leased, but only for vegetable gardens and for no longer than the period of reservation.
If the bill is adopted, a new order granting the land will come into force on 1 January 2011. The transition period established before January 1, 2015, will be finished without obtaining a building permit to all who have already constructing their homes in the settlements. What will happen to those who have already built a cottage, and even outside of the village, and even in farmlands (and we are talking about most of dacha settlements and economy class), or planned to do so, the bill discreetly silent. However, remained silent and self Ministry of Regional Development, ignored a request for "money" to provide comments to the bill.
When the Ministry of Regional Development has published the Bill, many do not believe their eyes: over the past few years, the government actively promotes the "dacha amnesty and then to you - has changed his position 180 degrees. In fact, the specific contradictions are not, especially if we remember how to begin and what was done dacha amnesty.
Back in 2004, when Vladimir Putin came for the second time in the office of head of state, the media actively exaggerated the issue of the complexity of the privatization of private land. Register notorious six hectare was expensive: survey to be conducted, and so on and so forth, in the constitutive documents of many owners was a mess, and all this created some difficulties in registration of rights to land plots to private owners.
On one of the annual press conference that the head of state while styling, this issue was told directly. Promised then to understand, Mr. Putin has kept his word, and after some time the Ministry of Economic Development produced a document received by the people called "dacha amnesty".
Amazingly, the desire of the authorities and people matched: millions of people themselves want to pay the budget of the land tax by registering their rights to it, which they have no one ever questioned. But it was about 20 million different pieces of land that, according to rough estimates of experts, the de facto owned by a family of 3-4 people, or 60-80 million people - half the population. Already 30 June 2006 law on dacha amnesty was signed by the President of Russia. On September 1, 2006 dacha amnesty came into force.
Since the beginning of dacha amnesty began in the country a total freeze hectare of land, as a rule, the public, who could take over, using the simplified procedure documentation. In the short term were "'ll take" and registered in the property thousands of hectare of public roads, fire ponds, etc. There is no mention of urban standards of speech did not exist.
Former chief instrument of any settlement - a project organization and development, which was supposed to conform to any cottage garden or village, and all public land in it - was ignored, as dacha amnesty was a priority. And by the way, is still: dacha amnesty was extended to March 1, 2015 for "immovable property for the construction or renovation that does not require the issuance of building permits. And it was the same station. 51 Development Code, which is now (and until then, until the adoption of the draft Ministry of Regional Development, did not become law) allows you to build a country house without permission.
The results of all this, I must say, is ambiguous. On the one hand, this led to a completely uncontrolled transformations horticultural associations and villages. For example, on private lands began to build apartment buildings and hotels, which are posted on this site from edge to edge without any indentation. And then all this - usually on the declaration of registration chamber - tagged as housing.
"We have three such living examples of people brassily built without any permits, we call it samostroem - tells the deputy head of the municipality, town Nakhabino" Shamil Mukashev .- And we do here can not do. " According to the deputy head of village administration, not so long ago, the administration Krasnogorsk district lost one such dispute in court. However, the administration intends to plead further.
On the other hand, the land market has added to the mass construction projects ekonomklassa homes - due to construction of individual dwellings and cottage settlements on agricultural land, after all, there is no ban was not. Rather, the ban was - for him, in particular, stated in the Federal Law N 172 of December 21, 2004 "On the transfer of land and land from one category to another." But if the desire and money, this prohibition could circumvent legitimate.
The fact is that when the law N 172 in force, transfer of agricultural land in the category of "land settlements" became possible only if the specified area is located within the boundaries of the settlement. Include the next village or cottage garden association in the village - an extra headache for administrators. In the village to organize the infrastructure, build kindergartens, schools and hospitals - in general, the whole story. So this way for owners of agricultural land has been closed.
But it was possible to convert land from agricultural lands in the country construction without changing the category and remaining agricultural lands, and the decision is taken by local authorities who have been sympathetic to investors who have lost themselves in at some point agricultural flair. Excessive loyalty to local authorities rather quickly noticed by the departments concerned - the Government of Moscow Region, Rosnedvizhimost, officials of the architectural and urban surveillance, which tried to start a fight for this market, but without much success. Establish control over the actions of local officials at the option of land for dacha construction was impossible.
This practice, however, planned to burn with a hot iron - from 1 January this year, when shall enter into force on Part 4 of Art. 9 Urban Development Code, which prohibits changing the categories of land, if the territory in which it is located, is not approved general plan or scheme of territorial planning. However, in accordance with the amendment, which was adopted December 27, 2009, entry into force of this article was postponed to January 1, 2012.
According to observers, with the introduction of the law, developed by Ministry of Regional Development, the state wants in one fell swoop solve several problems. First of all - make the developers moved and resume projects announced before the crisis and for a while frozen.
"Before the crisis in the suburban real estate market has been declared the mass of projects, including economy class - says the director of the consulting department, analytics and research Blackwood Shirokova .- But the bill does not give clear: whether there was for them a grace period until 2015, which criteria set in order to understand whether the project is initiated, if, for example, while there is only on paper? Who and how it will generally check the "idea of law is generally true, it is routine work, an attempt to restore some order. But it usually happens, the developers do not always proceed in the preparation of such documents from the existing market realities, and enforcement of this law will depend on the details of which are still unclear.
The absence of a bill of some specifics with respect to land that are outside the boundaries of the settlements - and that if not the greatest, it is extremely essential part of the land market - it seems all the major asset of this document. For many owners of such sites and cottages uncertainty might be a good momentum as quickly as possible to do the titling of your object. Thus, the power will be much faster to replenish the base of taxpayers. And she has reason to hurry: the beginning of September it became known that the Finance Ministry has prepared and sent for approval to the Minister an amendment providing for the emergence of the country's real estate tax in 2013.
The same uncertainty can bring officials and other dividends, the initiators which, incidentally, will in all probability, the owners themselves fallen into disfavour sites, cottage communities, and private cottages. After all, when the project is Ministry of Regional Development was published, some experts immediately began talking about the need for another dacha amnesty - is now for those projects that were started or have already implemented or just planned but in accordance with the present laws.
The fact is that in order to cottage villages and gardens of the partnership came into the settlements, they must first comply with all town planning regulations, which in practice is extremely rare. And the authority itself is not interested to include such settlements in the settlements, not to spend money on social infrastructure. So that the new amnesty law, will likely have to spend, there is little doubt.
The results of this amnesty will be on hand power. At the very top of the good-will support the "garden" millions of voters, who turned in a difficult situation, and besides, all one counts. " At that, controlling bodies of the firefighters to the environmental police will not take away their bread and butter - the fines are now paid by all Gardening Association for the fact that not correspond to any town planning regulations. After the amnesty the state will continue to exist settlements built with mass violations. So, change the status of dairy cows gardeners will be virtually impossible.
"Over recent years we have increased control at times - says the chairman dacha outside Moscow Lyudmila Gargarina .- Rosadmnadzor coming to us with a ruler and measures the to on public lands grass height does not exceed 20 cm above - fine. And so constantly.
Another example: at the garden of the partnership should be a bypass, the place seemed to have - next to the forest. But in 2005, was adopted by the Forest Code, and the land now are not given. The road can be built, and therefore the partnership each year, go to the checks and just fine: the regulatory authorities is disadvantageous to have been resolved.
Association does not perform against the requirements, but if they can not do - what to do now? And that everyone is happy - constant cash cow. We must comply with all rules, for example, to organize their own expense garbage. Next to it - a big village, where there are apartment buildings. The village is part of the settlement, no garbage tank is not there. Question: what happens to garbage. But this patrimony administration, so they can do what they want, but it is fine for us. "
Ludmila Gargarina glad that in their dacha no water tower. But at the next partnership is - and there is a nightmare: "They must obtain a license from the environmental police paperwork on the right to use this water, and it costs 500 rubles., Plus pay the meter for the use of this water. And so annually.
It is noteworthy that, when controlling bodies, a real reason to finally work, their authority is not surprising. It says one of gardeners, its neighbors installed on their station gasometer five cubic meters.
"She came a team of" foreign workers ", buried near our fence this huge balloon, - says horticulturist .- What do you mean technology, safety, please! It's terrible to be. If you fly in the air, to say nothing of our partnership is not living space remain, but also from neighboring villages. We wrote first in the MOE, they told us: "Nothing we can not do - private property." We sudimsya for several years. But there is not in sight: the neighbors at the meeting did not attend, the meeting moved permanently " .
Time is money -
Given the practice of States to take sign for the market lawmaking norms in the last days of December, the Ministry of Regional Development is still time to have time with the new law for the New Year. And by the way, for the agency this bill will not be revolutionary.
"In general, Ministry of Regional Development for some reason this policy that all objects associated with any technological activities, fall within the objects of capital construction, and therefore fall under the concept of real estate - says lecturer in environmental and land rights law faculty of Moscow State University . MV Lomonosov lawyer Dmitry KHAUSTOV.
- And when they refer to such objects, such as power lines or external piping, it only creates additional barriers, it is not necessary to carry out normal business activities of entrepreneurs. And not only entrepreneurs - all developers.
For example, in order to extend the power line, now creates a huge barrier at the choice of land, to obtain building permits, etc., etc. While the earlier these things are solved much easier. And such a policy Ministry of Regional Development is observed very consistently. "
If the law is passed in the form in which it exists today, the authorities should probably wait for an unambiguous response. "We have accepted that the law is not retroactive. It turns out that is - says Lyudmila Gargarina .- When the garden association was built, no one against which no objection. Now, when people built over the years and the value of their possessions, including and due to growth in market prices, rose at times, it wants to take and easy to reset - to make illiquid assets. "
"Of course, the law is not retroactive, - says Dmitry KHAUSTOV .- In my opinion, those buildings that were erected prior to the Act to a voluntary inclusion can not be. But the problems arise because the need to prove that these buildings were erected before the law and that they were built and erected in accordance with the law, which required the obtaining of relevant permits. These two points will be difficult to prove, and this will entail and corruption, and the courts, and red tape.
Instead of simplifying the system of permits (in fact it was a minor, not affecting the safety of construction sites), they each want to bring up the puddle under capital construction. Of course, entrepreneurs will find some way out and loopholes, but this will increase the cost of goods and services and, of course, create additional corruption situation.