What if your plot intersects with forest land?

1 July 2021, Thursday

Federal Law No. 280-ФЗ of July 29, 2017, known as the Forest Amnesty Law, makes it possible to exclude conflicting information in the Unified State Register of Real Estate and in the State Forest Register on land plots and capital construction projects according to a simplified procedure. That is, all plots and capital construction objects provided before January 1, 2016 can be legalized and the right of ownership to them registered.

There are about 56 settlements in the Republic of Tatarstan, the lands of which belong to the lands of the forest fund, even taking into account the fact that there are no forests there. These settlements were created even before the 90s. Now people live there, full-fledged houses and even entire villages are being built, but for a long time it was impossible to formalize them, since these territories do not belong to the lands of settlements in the Unified State Register of Real Estate.

The adopted law "On forest amnesty" makes it possible to turn forest settlements into full-fledged settlements. For this, the municipality organizes a commission, which, in turn, having studied all the materials, makes an appropriate decision. If the land plots are not registered with the cadastre, then the boundaries are described schematically. Further, the commission's protocol is sent through the Ministry of Land and Property of the Republic of Tatarstan to the Cabinet of Ministers of the Republic of Tatarstan for approval. This document will be taken into account when developing master plans.

Also, this problem arises when developing documents for territorial planning and urban planning zoning. This issue was especially actualized thanks to the project "A single information resource on land and real estate", within the framework of which, by the end of 2021, it is necessary to bring all urban planning documentation of the districts into line with the legislation of the Russian Federation. Thus, three districts of the Republic of Tatarstan are already participating in the pilot project - Zelenodolsky, Atninsky, Pestrechinsky. When carrying out work to identify the discrepancy between the documents of territorial planning and urban planning zoning and federal legislation, about 11 thousand overlaps of the lands of the settlement with the lands of the forest fund were revealed. There are similar overlaps in other regions of the republic. To solve this problem, it is also necessary to carry out a procedure in accordance with the Law on Forest Amnesty.

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