In the Federal cadastral chamber in anticipation of the opening of the summer season explained the main provisions of the country of amendments
Photo: Dmitry Sedakov/shutterstock
Almost a year and a half ago came into force a new law about gardening and horticulture (217-FZ “On the conduct of the citizens of horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation”).
Experts of the Federal cadastral chamber in anticipation of the opening of the summer season recalled its main provisions.
the concept of “cottage” is no more
The law came into force on 1 January 2019. It excludes from the legislation habitual for Russians, the concept of “cottage” and all that goes with it. Now citizens can only create gardening (SNT) and gardening noncommercial Association (ONT). These partnerships are an Association of property owners (TSN). Existing cottage Association automatically pricillas to horticultural.
Reorganizing previously created for the purpose of gardening non-commercial associations is not required. Except for one case: in a TSN needs to be converted the previously created gardening, gardening or country consumer cooperatives.
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Rights and obligations
Another important innovation of the country of the amendments is a legislative recognition of the rights and duties of citizens engaged in gardening and farming on the territory of the partnership without joining the corresponding non-commercial partnerships.
“Now the individuals, as they used to be called, are obliged to pay for the acquisition, development and maintenance of the common property, current and capital repairs of objects included in such property, and in the same procedure established for the members of the partnership. Such persons are entitled to participate in the General meeting of the partnership on specific issues and even to take part in the vote”, — said the expert of the Federal cadastral chamber Hope Leshchenko.
Also, the new law establishes the competence of the General meeting of members of the Association and the competence of its Chairman of the Board, standardized record keeping, types of contributions.
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What and where to build,
In the garden you can build residential or garden house, farm building, detached garage. However, the new law stipulates that the construction of capital construction objects (rsos) in the garden is possible only if the site is located within the boundaries of the territory in which the permissible capital construction. In this case, the parameters of the house must correspond to parameters of object of individual housing construction. The construction of houses on plots is prohibited.
However, the law requires the preservation of the right to previously built farm building and structures, if this right was registered before 1 January 2019. All the houses located on garden sites, details of which are included in the Federal registration service until 2019 stating the purpose “residential” or “dwelling”, recognized the houses. The building with the purpose of “commercial”, seasonal or auxiliary use intended for recreation and temporary stay of non-farm buildings and garages, are recognized as garden homes. Also country the amendments allow a garden in a residential home and residential — in the garden.
Photo: Dmitry Sedakov/shutterstock
In April of this year came into force new rules for planning and development of territories of gardening associations. Rules are Advisory in nature. Their main goal — the safety of gardeners. Thus, under structure, it is recommended to take up to 30% of the area of the garden plot, and taking into account paths, playgrounds and other spaces with hard surface — more than 50%.
The set of rules also delineate the common areas for mandatory and optional and specified area of land for General purposes. Now she must be from 20% to 25% of the partnership. Appeared and recommendations for creating the necessary conditions for disabled people and other people with limited mobility, as well as evacuation routes and exits both from private houses and buildings for common use. Changed recommendations regarding the minimum area of personal garden plot: now it is not less than 0.04 ha.
«of Course, this does not mean that the existing partnerships have to go through large-scale redistribution of land. A new set of rules applies to newly created associations”, — said the expert of the Federal cadastral chamber.
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TSN or locality
Sometimes the citizens, the question arises, may whether to accept or SNT ONT settlement. The desire to become a part of the settlement is often difficult to provide associations with the necessary infrastructure. According to experts, the inclusion of such partnerships in the boundaries of the existing nearby settlements possible. But this requires the approval of a new (or change existing) General plan of the urban settlement or district, the planning scheme of the municipality where the partnership is located.
Another important point 217-FZ applies to mining partnerships of underground waters for economic-household water supply. By 2020, the license is not required, however now it is getting mandatory. For the use of subsoil without a license provided penalties.
“Relevant amendments made to the law “On subsoil". Ordinary citizens — that is, individuals — such a license is not needed if the well depth of no more than 5 m, is used only for own needs, if the water in it comes not from the horizon of the source of centralized water supply and the amount of recoverable water — more than 100 cubic meters per day», — said the Hope Leshchenko.
Earlier it was reported that the relationship of neighbouring property owners will regulate the law. It concerns noise, smoke from a nearby site, and also buildings that may cast a shadow on the neighbor's territory. Rights of neighbors in country sites will be enshrined in the new amendments to the Civil code.