Posted 4 сентября 2023,, 08:46
Published 4 сентября 2023,, 08:46
Modified 4 сентября 2023,, 12:46
Updated 4 сентября 2023,, 12:46
Even before that, there were norms in the Civil Code that allowed the seizure of suburban areas if they were used «not for their intended purpose.» However, the definition in Article 285 of the GKRF in this regard is very vague and vague:
«A land plot may be withdrawn from the owner if the use of the plot is carried out in violation of the requirements of the legislation of the Russian Federation, in particular, if the plot is not used for its intended purpose, or its use leads to a significant decrease in the fertility of agricultural land, or harm to the environment, or an unauthorized construction has been erected or created on the site, and persons».
If you look at it, we have some dilapidated former barn or dilapidated outbuilding on every third plot. But no one paid much attention to this, although when neighbors quarreled, they threatened each other with this norm. In fact, it was difficult to implement.
Now new norms have been added, according to which the site can be recognized as abandoned and withdrawn.
Quote from Government Decree No. 2270-p:
Fixing in the Land Code of the Russian Federation the concept of «development of land plots located within the boundaries of settlements, as well as garden and garden land plots», giving the Government of the Russian Federation the authority to approve signs of non-use of such land plots.
The criteria by which the land plot can be recognized as unused have not yet been approved, but will be established by May 2024. At the same time, the government commission on the development of horticulture and horticulture has previously developed signs of an unused garden plot:
State Duma deputy, Chairman of the Union of Horticulturists of Russia Oleg Valenchuk confirmed that now a working group on «Property issues» has been created at the government commission on the development of horticulture and horticulture, where the deputy is deputy chairman. It is there that the signs of an unused garden plot have been previously developed. The term of development of the site is also determined — three years.
Lawyer of the bar association «Dombrovitsky and Partners» Anastasia Kolesnikova considers these parameters rather conditional and dangerous: «It says that if no one mows the plot for a year, it will be withdrawn. If the buildings are not put in order, the site can also be withdrawn. But it is not clear who will make the decision on the withdrawal and assignment of the site to the abandoned. Yes, and not mowing for a year or one summer is not the time: you never know for what reasons the owner could not come to mow the grass. Maybe he was sick, maybe he was leaving for work. Or just the lawn mower broke down. This norm hardly meets the requirements of reasonableness. And what kind of expertise will determine the dilapidation of the structure? It may happen that under this new norm, land plots that have already been wanted to be withdrawn for some reason will be withdrawn.»
The expert also notes that this rule is not sufficiently elaborated and may have negative consequences.:
«If in the Novgorod, Pskov, Ryazan regions, where there are large plots of land, all this is understandable, then in The Moscow region, where land is worth its weight in gold, is very controversial. Taking away expensive land plots according to muddy norms will be perceived painfully and will lead to courts.»
It is clear that the land will be seized for suburban areas for quite specific purposes — primarily for construction. In small SNTS, this will not work. And what will you build on a plot of 6-10 acres? Nothing special. In addition, it must be understood that there are sites that were given out for dachas under the USSR to whole organizations quite chaotically. There were cases when the garden partnership turned out, for example, on the runway of the airfield or on land leased by the plant, on the lands of the forest fund. With the advent of new legislation, it is impossible to build there at all. So we can hope that the withdrawal of abandoned plots will concern exclusively large arrays, and not suburban 6-and acres.
But all the same, the criteria for classifying sites as abandoned are vague enough to operate on them for withdrawal.
«All this in the future may lead to violations of the rights of owners who, for some objective reasons, cannot come to the dacha for several seasons, mow the grass, cannot repair the house inherited from their grandparents. But at the same time, they have not lost interest in the property, » lawyer Anastasia Kolesnikova believes.
Simplification of the procedure and reduction of non-use periods may lead to the fact that they will not seize ownerless plots that are not needed by the owners, but lands that are quite valuable in terms of location, cost and purpose. And they will already find something to find fault with.
In general, the state will predictably «lay eyes» on valuable territories for development. And no common sense and arguments of lawyers are likely to help.