Amendments were made to the Land Code of the Republic of Tatarstan
On February 25, 2022, the President of the Republic of Tatarstan signed the Law of the Republic of Tatarstan No. 6-ЗРТ “On Amendments to Article 9 of the Land Code of the Republic of Tatarstan and Articles 1 and 2 of the Law of the Republic of Tatarstan “On Amendments to the Land Code of the Republic of Tatarstan”.
From March 1, 2022, amendments to the Federal Law of June 11, 2003 No. 74-ФЗ “On Peasant (Farm) Economy” come into force, according to which, on a land plot from the composition of agricultural land, including occupied by agricultural land used by a peasant (farming) enterprise to carry out its activities, it is allowed to build, reconstruct and operate one residential building with the number of floors not more than three, the total area of which is not more than five hundred square meters and the building area under which is not more than 0.25 percent of the land area .
At the same time, it was established that the laws of the constituent entities of the Russian Federation may define municipalities in whose territories the construction, reconstruction and operation of residential buildings on land plots from the composition of agricultural land used by peasant (farmer) households for the implementation of their activities.
In accordance with the right granted to the subject, the law provides for the establishment of a ban on the construction, reconstruction and operation of residential buildings on land plots from the composition of agricultural land used by peasant (farmer) households to carry out their activities in all municipalities on the territory of the Republic of Tatarstan.
This law was adopted taking into account the unsettledness of a number of issues and legal consequences.
Thus, according to the Federal Law of July 2, 2021 No. 299-ФЗ “On Amendments to Article 77 of the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, a residential building under construction from March 1, 2022 will become part of the property of a farm, while At the same time, issues have not been resolved in the legal field, for example, assigning an address to a residential building for the purpose of registering a citizen of the Russian Federation at his place of residence and ensuring his rights, including social security, as well as issues of organizing electricity, heat, gas - and water supply, sewerage, provision of road infrastructure in relation to residential buildings being built on a land plot used by peasant (farmer) households.
The mechanism for the transfer of ownership of a residential building has not been established and the issue of legal consequences regarding the fate of a residential building in the event of the termination of the activity of a peasant (farm) economy has not been settled. It is not taken into account that agricultural land can be held by peasant (farmer) households not only on the basis of ownership, but can also be provided from land that is in state or municipal ownership in accordance with land legislation on a different right.
It is supposed to return to the issue of construction, reconstruction and operation of residential buildings on land plots from the composition of agricultural land used by peasant (farmer) households to carry out their activities after the legal settlement of existing issues at the federal level or granting the right to such regulation at the level of subjects of the Russian Federation.