In the spring of this year, a law entered into force, giving the authorities the opportunity to remove the uninitiated areas from the owners
The summer season this year opens not only barbecue and barbecue, limiting the rights of owners of suburban sites. With the first day of spring, amendments to the Land Code of the Russian Federation, which will be limited to the rights of land owners, entered into force.
Last summer, Russian President Vladimir Putin signed the law, within which the owners were established for the maximum term of three years to develop land plots both in settlements and in horticultural partnerships. For non -compliance with this rule, the owners will not only impose fines, but also remove the land from them. The term is calculated from the moment the new law comes into force, and specifically – from March 1, 2025. And for the owners who buy land after this date, the report will go from the moment of registration of property rights.
The press service of Rosreestr is sure that this law will solve the situation with abandoned sites
Theoretically, the development of sites should begin immediately after its acquisition, but this happens only in theory. In practice, many areas are idle for years, overgrowing weeds and annoying neighbors. However, it is not very clear what criteria the authorities will determine whether work is underway to master the plots or not. So far, only a senator from the Orenburg region Andrei Shevchenko voiced a small list of mandatory measures for the development of land. According to him, the authorities will begin to pay attention to whether work is underway to clear the territory from garbage, as well as from thickets with weeds, shrubs and trees. In addition, according to the senator, the owner must, if necessary, must strengthen the soil, monitor the condition of the buildings located on the site, as well as carry out work on draining and moisturizing the Earth.
What sanctions can threaten the owners of abandoned areas after three years? Fines for individuals make up 1-1.5% of the cadastral value, but the amount should be at least 20 thousand rubles. If the cadastral assessment of the land is not carried out, then the amount of the fine will be from 20 thousand to 50 thousand rubles. At the same time, the owner is given an additional period for correction. If he ignores the order again, then representatives of the Rosreestr can go to court, demanding to remove the site.
The press service of Rosreestr is sure that this law will solve the situation with abandoned sites. This problem has repeatedly been voiced by representatives of local authorities. Only in the suburbs, according to the Moscow Regional Duma, the number of abandoned plots reaches 24 thousand. According to the representatives of Rosreestr, the land located next to residential buildings is overgrown, becoming a source of weeds, and creates a threat of fires.
of the massive seizure of the plots should not be afraid due to the lack of a clearly debugged mechanism
True, many experts have the legitimacy of the process of landing in favor of the state doubts. For example, the head of the CCP (the Center for Constitutional Justice) Ivan Briloksky draws attention to the fact that according to the Constitution (Article 35 of Part 3), the seizure of property is possible only in three cases: state needs, judicial procedure and preliminary compensation. And Article 2 of the Constitution, he adds, consolidates the priority of not state interest, but the rights and freedoms of the individual!
However, the massive seizure of areas should not be afraid due to the lack of a clearly debugged mechanism. Moreover, only the court can make the final decision on the seizure. And the authorities are unlikely to do this procedure quickly. Most likely, it is a matter of ending with two or three precedents in order to slightly intimidate the owners of abandoned areas. Perhaps this will be enough to put things in order in the suburban market.
However, the owners of long -mastered areas can also be fined. For example, for breeding fire in the territory, if the requirements for the use of open fire are not observed: a barbecue or a bonfire bowl is installed no closer than 5 meters from a residential building, while there should not be combustible materials in the zone of 2 meters. And open fire when burning garbage can be diluted at a distance of 15 meters from any buildings. At the same time, there should not be dry grass, lounger and trees within a radius of 10 meters. It is also forbidden to breed a fire on peat bogs and under the crowns of coniferous trees. The penalty for violation of bonfires is from 5 thousand to 15 thousand rubles. From 2 thousand to 3 thousand rubles will be fines for garbage heaps on the site. It is also prohibited to bury waste to the ground, this is qualified as a violation of the requirements in the field of environmental protection.
If in these thickets there are at least a single copy of plants containing narcotic or psychotropic substances, then the owner can be arrested for up to 15 days
if the weeds grow above the fence, then the owner can be fined by 300-500 rubles, and if borshchevik grows-from 2 thousand to 5 thousand rubles. In such amounts, the owners of suburban areas of the thickets of dandelions, oats and field mint can cost the owners of the suburban areas. And if in these thickets they come across at least a single copy of plants containing narcotic or psychotropic substances, then the owner can be arrested for up to 15 days (or a fine of 3 thousand). Such plants, in addition to hemp and cocaine bushes, include a bit of a sleeping pill, green psychotria, Hawaiian rose and a number of other plants. Small thickets of such plants (for example, up to 20 hemp bushes) increase the amount of the fine to 300 thousand rubles, the alternative – mandatory work up to 480 hours. If they find from 20 bushes on the site, then the owner is no longer in administrative, but criminal liability.
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