At first glance, it may seem that this concept is considered outdated and completely removed from legal circulation. It feels like a term from the pre-revolutionary era, however, it is still used now, although it is not legally enshrined. In the literal sense, it will not be possible to receive land for free for a family estate, since the legislator has not approved the corresponding bill, but there are other ways to organize something similar.
Proposals to introduce a normative act that would legally regulate this issue have been coming for a long time. Many countries have similar institutions, however, in Russia the term causes mixed reactions. It is used, but is actually absent from the legal field.
Legal regulation
To date, a separate law has not been adopted. The need has been discussed for quite some time, but in 2015 it was rejected by the State Duma, and a new edition has not yet been provided.
The bill proposed to provide citizens with land plots in rural areas on the following conditions:
- land should be provided free of charge from the state into the ownership of a family or individual citizen;
- the allotment cannot be divided, that is, a corresponding restriction on its operation will be noted in the Rosreestr database;
- land cannot be sold or donated;
- the object can be used for the construction of a residential building, as well as for running a household plot; changing the purpose of the site is not allowed.
In essence, it was proposed to provide willing citizens with estates, which were common among landowners in pre-revolutionary Russia, with one difference - everyone could receive such lands.
Disputes arose due to the impossibility of legal regulation of the sites through existing legal mechanisms. Thus, it was necessary to introduce a ban on the division of the plot, as well as introduce a new type of purpose.
In addition, the term evoked ambiguous associations. Many citizens regarded such plots as landowners' plots, belonging only to a specified part of the population, although the bill envisaged issuing them to anyone who wanted and needed them.
At the moment, relations related to the issuance of land are regulated. It establishes the main points related to its use, implementation, and so on. It lacks the concept of a family estate as such.
The concept of a family estate
Something similar existed in Russia before the revolution. The landowners had plots of land owned by the family as a whole, used for living in the residential buildings located on them and for farming. However, the current economic situation does not imply the existence of such facilities.
A family estate is a plot of land with buildings located on it, which belongs not to an individual, but to his family. The difference from a simple allotment is that it can only be inherited by direct descendants. It cannot be sold, gifted, divided or otherwise realized.
A similar term exists in the legal systems of some foreign countries. However, the domestic legal system would require some changes regarding land relations. Most likely it would be necessary to introduce a new type of site with corresponding restrictions on use. In fact, this is not so difficult to implement, but the law was still not adopted.
It was assumed that in Russia the site could have an area of up to one hectare. The minimum size was discussed, but different proposals were received, from several hundred to several dozen. The large area also raised doubts, as the question arose as to who would cultivate the land. The involvement of hired workers could contradict the purpose of family estates and at the same time a contradiction arose with the concept of entrepreneurial activity.
Territory arrangement
There are certain rules for designing the territory of the estate, among which is the creation of a hedge of forest trees and shrubs. If an ordinary private plot with a cottage is surrounded by a fence made of one material or another, then trees should grow around the estate. Paths and roads of certain sizes are laid throughout the territory.
Why do you need to plant vegetation around the perimeter of your area?
- This solution will preserve the naturalness of the landscape.
- In addition, planting green spaces is always useful.
- The hedge should be up to 10 meters wide. This kind of fence will allow you to be well separated from your neighbors; they will not see anything in your yard.
A living fence also perfectly protects the territory of the estate from dust, wind, and foreign odors; it improves the ecology in this area. The sight of a beautiful green strip around your territory creates a peaceful, calm mood. It's a completely different picture if you compare cityscapes.
Planting of vegetation is done by the owners of the family estate themselves; neighbors and acquaintances can help them. This is not so much labor-intensive as it is pleasant work that brings together close people.
Over time, mushrooms, healthy berries, and nuts can grow in the forest belt . Birds and small forest animals settle in them - thus improving the ecosystem of the region. And the family gets the opportunity to live surrounded by beautiful and clean nature.
IMPORTANT! The development of a program to create family estates is also of state interest, as the environment improves and there are fewer neglected land areas.
Planting forests around the area, where there will be areas with vegetable gardens, beds, and a garden, also has practical significance. The trees will protect these lands from the cold wind and from the hot sun, which will have a beneficial effect on increasing productivity. There are even statistics showing how much more percent the land produces more potatoes, various vegetables, and medicinal herbs.
How was the issuance of land for family estates planned?
It was assumed that an allotment for a family estate could be obtained in any part of the country where there would be free undeveloped land at the time of application.
One of the features is the impossibility of independently selecting a specific site, even if it is free. It was planned that the applicant would be able to indicate only the region, and the exact allotment would be issued in a random order.
Other features of the issuance of land plots for a family estate are as follows:
- the cadastral chamber must form a list of areas in which it is possible to obtain land to create a family estate;
- the plot is issued free of charge;
- the owner can be either the family as a whole or an individual citizen.
The main problem is the fact that the concept of family property is absent in the legal field. Objects can be considered jointly acquired property of the spouses, but not common to the entire family. Also causing controversy is the composition of the family, which categories of relatives should belong to this category.
Most likely, separate rural-type settlements would be allocated for such estates in regions where there is a lot of undeveloped land. Subsequently, appropriate infrastructure would be created in these areas.
What could be the difficulties?
One of the problems that scares away potential “landowners” is that the allocated lands are often located at a considerable distance from large settlements, and, consequently, from all infrastructure.
Here the question immediately arises of providing the estate with all the necessary utilities: from electricity to water supply. This, despite the free nature of the allocated land, makes the establishment of a personal family estate a very expensive project, which not everyone can afford.
Planned order of issuance
It was assumed that the issuance would be carried out through the administration of the municipality in whose territory it was planned to receive the allotment. The order would then look like this:
- prepare a package of documents;
- submit documents and an application form to the administration;
- obtain a resolution on the allocation of land on the right of perpetual use.
After this, the data would be registered in the cadastral chamber, but all information was transmitted by the administration of the municipality.
In advance, it would be necessary to select a territory from those available for placement and clarify the information in Rosreestr.
It would also be necessary to provide the administration with a plan for the subsequent development of the land plot.
Requirements for the owner of the site
By acquiring possession of a treasured plot of land, the future “landowner” acquires not only rights to it, but also responsibilities. The nature of the requirements is determined by Articles No. 13 and No. 42 of the Land Legislation. In particular, the landowner is obliged:
- Carry out reclamation of soils used for economic activities;
- Protect fertile lands from soil erosion;
- Use the site according to its intended purpose;
- Observe fire safety measures on the property;
- Conduct construction and economic activities without causing damage to the environment.
Why was the law not passed?
The law was never adopted; accordingly, the concept of a family estate does not exist in the official legal field, despite its practical application.
There are several reasons why the act was not approved:
- the bill did not provide for a clear mechanism for land distribution;
- the term “family estate” implied the introduction of the institution of family property, which is absent at the moment. Its introduction would mean some reform of civil law;
- in fact, the proposed restrictions placed the clan plot close to the land issued on the basis of lifelong inheritable ownership, but this institution is also gradually being removed from the legal field; plots are not issued on this basis;
- the bill had many shortcomings.
After the law was rejected by the State Duma, debate about the introduction of the institute continues, albeit not so actively. At the moment, it is impossible to obtain land in this way, but there are other options to acquire land for free.
Goals
- First of all, the living comfort of the population increases. The family receives every opportunity to create a comfortable life. A house for people is being built on the estate, and pets can live there. Vegetable gardening will be carried out and livestock will be raised for private needs.
- Those living on their estate have everything they need for a comfortable life, natural products from their estate, and cozy relaxation areas. Living outside the city effectively contributes to improving health and developing active lifestyle habits.
- Now you don’t need to think about buying a plot in a dacha or garden association.
- If several family estates are established nearby, an entire community is created that will deal with issues of infrastructure development, transport links with the city, and the opening of educational, medical, and administrative institutions.
How to get land for free from the state
Not every citizen can count on receiving a free plot of land, but in general this opportunity is provided for by current legislation, albeit with some restrictions. Thus, the following can count on transfer for temporary use:
- young families recognized as needing improved housing conditions;
- representatives of in-demand professions based on regional programs, for example, doctors, teachers, engineers, and so on;
- having the title of Hero of Russia, USSR and Labor;
- large families, that is, having 3 or more children.
Most often, a plot is provided for a period of 6 years, after which it can be transferred into ownership. This is done free of charge.
Land can be obtained under the so-called “Far Eastern hectare” program. It can also be used for agricultural sales and residential construction.
There is no other way to get a plot of land completely free of charge, except for the privatization program. But in this case, the allotment must already be in use on the basis of official documents, for example, in perpetual use or inherited possession.
Such plots can actually be used for family estates, although it will not be possible to use such a term officially. But the land, the purpose of which is indicated as personal farming and individual housing construction, is suitable for locating a family home and running a household. But it can be sold, realized or divided.
Distinctive features
When constructing habitual settlements, utility networks and communications are immediately designed. Even though such arrangement work costs a lot of money, without it it is impossible to create comfortable and safe living conditions.
ATTENTION! Family estates must provide themselves with light, heat, and water.
Autonomy is one of the principles of creating ecological settlements consisting of individual estates. If your home needs electricity, solar panels or wind generators provide it. A well is installed to supply water, and a pond can be built.
An excellent help in creating the necessary household amenities are hydro generators and other autonomous equipment that allows you to obtain energy for your home.
Stoves, boilers and fireplaces provide homesteads with heat. Installation of gas heating is also possible, but the use of coal is prohibited .
Before registering land for a family estate, you should consult well with family members to see if this lifestyle suits them. After all, on your estate you will need to work to improve its life and provide yourself with all the amenities and products.
