Dachas under threat: 15 million objects can be recognized as unauthorized buildings

Gardeners fear that their plots will not be registered and their buildings will be demolished. The dachas and vegetable gardens of hundreds of thousands of Russian citizens, according to Lyudmila Golosova, chairman of the Russian gardeners trade union, are under threat. She believes that the abolition of the dacha amnesty and related laws can put an end to the carefree life of many summer residents.

The official notes the Soviet past of gardening associations, when the land was given out for free, and there was no need to pay tax. Now, it would seem, everything is simple: the plots are given into ownership, there is a dacha amnesty, which allows you to register the rights to garden plots and buildings according to a simplified procedure. However, Lyudmila Golosova drew attention to the significant shortcomings of the current legislation.

How it all began

Obtaining land for dacha farming (including gardening and horticulture) free of charge under the old legislation was unlimited - FZ-93 (June 30, 2006), FZ-122 "On state registration of real estate and transactions with it "(July 21, 1997) and FZ-66 (April 15, 1998)" On horticultural, vegetable gardening and suburban non-profit associations citizens ". Now these laws no longer work. What works?

Lyudmila Golosova, Chairperson of the Russian Gardeners' Trade Union:
“From March 1, 2015 in Art. 3 of the Law FZ-137 "On the Enactment of the Land Code of the Russian Federation" clause 2.7 was introduced, which says - it does not matter when a citizen became a member of the partnership: he can receive a land plot for free until December 31, 2020 of the year. Last year, this period was extended until March 1, 2022. ”

In the USRN, according to Golosovaya, 30% of the plots are included. And only about 40% of Russians have documents from the 90s, where there is a decree on the granting of land to them free of charge. 30% have only membership cards, because officials in those years, for a number of reasons, did not issue the necessary acts. There are papers on the land acquisition throughout the SNT. Today, such plots are designated as state property or as the property of local self-government bodies.

Cons of dacha amnesty

Golosova clarified that earlier those who wanted to participate in the program had to submit documents from the 90s, as well as a receipt for payment of the state fee. Now things get more complicated. It is necessary to send a request for the provision of land plots in ownership to local authorities and bring a package of documents. This is a scheme on the cadastral plan, a certificate or decree of the 90s, a certificate of membership in this SNT. The head of the administration issues a decree, and all the collected documentation must be submitted to Rosreestr - for state registration, cadastral registration.

Small houses and outbuildings

Lyudmila Golosova believes that the dacha amnesty does not take into account the possibilities of citizens who do not have sufficient funds. She stated that a technical plan would be required, the cost of which starts from 8 thousand rubles.

The official also emphasized subparagraph 1 of paragraph 3 of Art. 2 FZ-339, which refers to unauthorized construction all garden structures that were not entered into Rosreestr until September 2018. That is, the dacha amnesty extends the design of houses until March 2021, and according to another law, it is a squatter building. And for an unauthorized construction, you need not only pay a fine, but also demolish it at your own expense.

And in Russia there are millions of garden plots on which there are buildings erected when it was legal. Golosova believes that these problems concern 15 million residents of the country.

SNT outlaw

Lyudmila Golosova spoke about the statement of Nikolai Nikolaev, chairman of the State Duma committee on natural resources, property and land relations. The politician suggested changing the status of garden associations that are located in settlements - making them settlements. And if these are agricultural lands, then you cannot build on them. Dachas are, in fact, outlawed. It is believed that this problem can be solved by transferring SNT to TOSy (territorial public self-government). But this also has its own pitfalls.

Lyudmila Golosova:
“But TPSG can only be created by residents of municipalities and urban districts of this territory. There, the charter is approved by the head of the local administration, and this will mean that this legal entity has been created by a local government, which can liquidate it. "

There is another risk as well. The fact is that among summer residents there are citizens with low incomes who live in non-privatized apartments - under a social contract. And if their garden houses become residential according to documents, they will lose their homes in the city. Indeed, according to Article 51 of the LC, social rental contracts are concluded if a person does not have any other housing.

As always, roads

Golosova also drew attention to the resolution of the City Planning Code that the road should be 15 meters wide and there was a sidewalk. But in SNT, roads were built no more than 9 meters, sometimes 4 meters wide. Is it possible that one side of the houses in the dacha street will be demolished to widen the road? The chairman noted that compensation in this case will not be paid, since it was removed from the law on gardening.

They want to extend the dacha amnesty for 5 years - will this solve the problems of gardening? Write in the comments!

There are already more than 30 thousand of us! Subscribe to our channel, like, share the publication - we are working, so that you receive only useful and relevant information!

Read also:

• How to legalize unauthorized buildings.
• House made of shell rock according to the "national project" Photo review.

Watch the video - Overview of a foam block house: a second light, space and a snow-white interior.