The Federal law on the management of horticulture and gardening for their own needs enters into force
From January 1, 2019, Federal Law No. 217-FZ dated July 29, 2017 “On the maintenance by citizens of gardening and gardening for their own needs and amending certain legislative acts of the Russian Federation” (hereinafter referred to as Federal Law) comes into force.
The federal law is aimed at improving the legal regulation of relations connected with the maintenance by citizens of gardening and horticulture for their own needs.
According to the Federal Law, two organizational and legal forms will be used: gardening non-profit partnerships and gardening non-profit partnerships.
Planning documentation prepared for a horticultural or horticultural territory must be approved by a decision of the general meeting of the members of the partnership prior to its approval. Preparation and approval of the project of planning the territory in relation to the territory of truck farming is not required. The establishment of the boundaries of garden plots and the formation of garden plots of land and land plots of general purpose within the boundaries of the territory of truck farming are carried out in accordance with the approved project of land surveying.
Federal law introduced the concept of "garden house". This is a seasonal use building, intended for citizens to meet domestic and other needs related to their temporary stay in such a building.
A garden house can be recognized as a residential house, a residential house can be recognized as a garden house in the manner prescribed by the Government of the Russian Federation.
The federal law defines the concepts of a garden plot of land, a garden plot of land, common property, land plots of common use, contributions, a territory where citizens conduct gardening or gardening for their own needs.
The transitional provisions provided for by the Federal Law regulate relations that have arisen earlier in the field of gardening, horticulture and dacha farming, in particular:
- types of permitted use of land plots, such as "garden land", "for gardening", "for gardening", "dacha land plot", "for country gardening" and "for country construction" contained in the Unified State Register of Real Estate and (or) specified in title documents or other documents are considered equivalent. Land plots in respect of which such types of permitted use are established are garden plots.
- types of permitted use of land plots, such as "garden land", "for gardening" and "for conducting gardening", contained in the Unified State Register of Real Estate and / or specified in title documents or other documents, are considered equivalent. Land plots in respect of which such types of permitted use are established are garden plots.
- located on the garden plots of the building, the details of which are included in the Unified State Register of Real Estate until the day of entry into force of the Federal Law with the appointment of "residential", "residential building", are recognized as residential buildings. At the same time, the replacement of previously issued documents or the introduction of changes to such documents, the records of the Unified State Register of Real Estate regarding the names of the said real estate objects are not required, but this replacement can be carried out at the request of their respective owners.
The parameters of a dwelling house, garden house should correspond to the parameters of the object of individual housing construction.