Public lands between neighbors: what is this according to the new law

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Published: 02/15/2017

Reading time: 10 min

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On the territory of any SNT there are lands of two different categories: those that belong to citizens and the partnership as a legal entity.

If gardeners own their plots as owners and can dispose of them at their own discretion, then with public lands the situation is somewhat different.

Legislation
What are public lands in SNT
The procedure for using common land SNT
What violations may occur when using the common land of SNT and responsibility for them

What is public land

Public lands are special areas that are used for various purposes. Basically, in such areas, roads, squares, streets, driveways, embankments and other objects of cultural significance for the locality are developed.

If these territories are publicly owned, then everyone without exception can use them. Also, the time spent on such lands is not limited by law. It is customary to divide such areas with special red boundaries on the plan in order to separate them from other areas until the exact boundaries of the territory are established at the legislative level.

Public land plot on the territory of a settlement Source rzn.rucountry.ru

Registration of ownership is not provided for public land plots, since they are not subject to privatization. It is also not customary to take or lease them at auction. State or federal authorities can dispose of such lands for various subjects of the state. Among such areas there may also be a street network for public use.

On a note! If a certain part of the site is located within the territory of lands owned by the state and this part is needed for the construction of a highway or other facility, then it is allocated for this purpose.

Land plots under an apartment building owned by the state Source yuristfinans.ru

Why do this?

If you are familiar with the general plan of the locality or the rules established in the field of land use or development, this may clarify the picture.
In particular, this type of documentation is currently not accepted in all regions, that is, you may not find it in your region. However, keep in mind that the purposes of using the land located near the non-profit gardening partnership established by design decisions are its intended purpose, which differs from the purpose of implementing a gardening enterprise. Or when construction companies acting as large developers are interested in land plots, there is a high probability that gardening lands will be seized en masse, and plots will also be purchased for very small sums. It should also be noted that anyone who aims to privatize a plot of land located in horticultural, gardening, dacha partnerships that are non-commercial in nature can take advantage of the fact that the plots do not have clearly established boundaries and increase the plot allotted to him, the size of which should be equal to 6 acres. In particular, its size can be increased due to the fact that the area of the plot located next to yours is reduced; in addition, this procedure can affect the width of the roadway, areas designated for turning around, places intended for waste collection, and other. It is worth noting that the solution to the issue under consideration can be carried out in accordance with the laws. To do this, it will be necessary to register land that is in common use for cadastral purposes, while the land is displayed with clearly defined boundaries. Some people think about whether it is possible to carry out this procedure independently, to which it should be said that this can only be done with the participation of specialists, which is associated with the need to carry out geodetic work and form the allotment according to how it is spelled out in the general plan or in the plan, according to which organizes and develops the land. It is important that there are no controversial situations that relate to the boundaries of land plots located in common use. This is secured by an act in which the established boundaries are agreed upon, signed by everyone who has rights to adjacent lands.

Excerpt from legislation

Issues are managed and regulated by two key regulatory acts. The most important of them is the Town Planning Code of the Russian Federation, and the Land Code is secondary in this regard.

They note that it is these regulations that help resolve issues related to the operation of plots and other categories of public land (PLL) belonging to a specific locality. The Land Code itself controls the situation regarding compliance with the rules for the exploitation of allocated land.

Establishing boundaries on public lands Source yuristfinans.ru

The concept of public lands refers to two sides of legal relations, and when disputes arise between legal acts, the federal rather than the regional sphere takes priority.

Features of the use of public lands

As already clarified above, public lands can be provided for rent or free use without subsequent privatization. But a deviation from this legislation is also possible if a capital structure is built within the site, and it has already been registered as ownership through privatization or in any other way. Then the public land is owned.

In such circumstances, a decision is often made in court to provide the opportunity to take ownership of the plot attached to the building on the foundation.

On a note! Often, vacant plots that are in the register of a locality are leased out to those persons who own a building erected on them.

Use of state land for fields Source zorkinskoe.mo64.ru
There are cases when the owner of a building, which is built on territory belonging to the category of public use, leases an adjacent plot, for which an agreement of the appropriate type is drawn up. At the same time, the owner of the building does not have the opportunity to purchase such territory. If the lease agreement contains a clause confirming the possibility of further purchase of the site, then such an agreement can be considered illegal.

Use of a common area for gardens Source fujiclub.pro

When concluding a lease agreement for public lands, one of the parties to the legal relationship is a legal entity. This process represents the interaction of a person with the state. If the result of such interaction is the free, perpetual use of plots from the state local register, then the user may be allowed to build a permanent structure on this plot.

The erected building, as a result, is registered as a property in compliance with all the subtleties of the law, while the site is listed as the owner of the structure. Such a building can be subject to any legal procedures: sale, donation, lease. Accordingly, the public land plot located under it passes to a new temporary or permanent owner. From a civil point of view, this process is called assignment of lease rights.

Public land plot for rent Source istra.rf

The neighbor parks his car in the driveway

A neighbor can park a car in the driveway for the following reasons:

The terrain of the road does not allow parking the car near your fence.
The passage between the sections is narrow, so any abandoned car blocks the passage.

On the one hand, you can understand your neighbor. When going to the site, summer residents collect seedlings, pets, food, and tools. All this is difficult and difficult to move from the correct parking place to the dacha. On the other hand, an abandoned car can completely block access to other areas, as well as block the exit and exit from neighbors’ areas.

Of course, the first way to solve the problem will be to attempt a peaceful settlement. Ask your neighbor to move the car and allow you to leave. And in the future, discuss a more convenient parking location.

If you cannot resolve the situation peacefully, you can use the following tips:

Call the traffic police. Traffic police officers must draw up an administrative protocol on violation of parking rules. In this situation, the personal presence of the neighbor is not even required. He will simply receive a notice of the fine.
Do not wait for the traffic police officers, but independently send an application for administrative liability through the application. To register a complaint, just take a few photos. Moreover, such complaints can be filed daily. For each violation, a fine will be issued.
If the situation repeats more than once, you need to submit an application to the traffic police to install a sign prohibiting parking. The department does not always satisfy such requests, but there is a chance.

In addition, the injured party can go to court. But to do this, you need to prepare evidence that the parked vehicle is obstructing passage and this fact causes harm to the victim. The plaintiff's statement alone is not enough for the court, so the claim will be denied.

Example. Citizen T. filed a claim to remove obstacles in the use of the land plot and to recover compensation for moral damages to citizen Zh. The plaintiff explained that they own adjacent land plots. But the plaintiff's site is located in a dead end. And citizen Z. regularly parks his car, blocking the passage to the site. The attempt at a peaceful settlement did not yield any results. Therefore, he asks to prohibit the defendant from parking the car, blocking the passage, and also to recover compensation for moral damage in the amount of 200,000 rubles. The court refused to satisfy the demands because the plaintiff did not provide evidence that his rights were violated (Decision of the Sverdlovsk District Court of Krasnoyarsk, Krasnoyarsk Region dated July 25, 2019 in case No. 2-1323/2019).

In such a situation, the claim had to be accompanied by information about repeated prosecution by the traffic police. It was also necessary to provide measurements that special equipment (ambulance, fire truck) would not be able to access the house. In this case, there would be a chance to satisfy the requirements.

The purpose of public areas and the sequence of construction of buildings on them

Having understood what PDOs are, you can determine the purposes of their use, which are designated by local authorities. For example, these could be areas with approved boundaries where parking lots, children's or sports grounds, and areas for walking animals are located. For such territories, the construction of urban planning objects is not provided: residential real estate, schools, kindergartens, various buildings with rent for offices.

Use of public lands for the construction of a city park Source kukarta.ru

A lease agreement in relation to public lands within the territory of a settlement is carried out without holding special auctions. Such situations allow the provision of land use to legal entities if:

The President or local government issued a decree that on the declared territory it is necessary to erect an object of socio-cultural or educational significance, as well as buildings that are necessary for the implementation of projects and investments.
An order was received from the highest official of the constituent entity of the Russian Federation for the same purposes as in the previous paragraph.
The legal entity assumed responsibility for the completion or continuation of construction on the allocated site. For example, these could be multi-storey buildings in which residents have already invested their money to buy an apartment, but their rights were violated for one reason or another.
The international obligations of the Russian Federation will be fulfilled, which involve the design and subsequent placement of facilities providing water, gas, and heat supply.
On such a public plot there is a building, which at the time of provision of the land is owned by a legal entity.

There is an additional number of cases that are regulated in accordance with Article 39.6 of the Land Code of the Russian Federation.

How and where to apply?

An application for the provision of public land is submitted to the authorized administrative authorities (in accordance with Article 39.2 of the Land Code of the Russian Federation).

The application is submitted in several ways:

personal visit;
transfer of a package of documents through the MFC;
delivery of documents by registered mail.

In a situation with public land, it is preferable to visit the administration yourself. Civil servants will advise you on the necessary documents and calculate the chances of obtaining a positive result.

To complete a preferential transaction for the provision of land, the following documents will be required:

the applicant's identity card;
a document that substantiates the applicant’s membership in a preferential category of citizens;
documents for construction (if there is an object on the site);
boundary documents, if the applicant uses them;
cadastral passport or land extract.

A copy is made for each document. More information about the list of required documents for each category of citizen-applicants can be found in the reception administration or on the official website of the multifunctional center.

The application does not require notarization . A notary will be required to issue a power of attorney if the applicant will provide documents through a proxy. The application procedure for citizens is not subject to state fees and is free.

Submitting a rental application

The user has the right to apply for the lease of a state plot. In response, the administration must announce an auction to provide the site for rent. If no additional applicants are found within a month, the auction is closed and an agreement is drawn up with the first applicant.

The rental agreement is concluded with the administration within 14 working days. The period for consideration of an application for the gratuitous provision of allotment to preferential categories of citizens is up to 30 working days.

Placement of trade pavilions on public lands

To locate retail outlets, pavilions and centers within the boundaries of public areas, they are guided by Article 10 of the Federal Legislation No. 381-FZ dated December 28, 2009. It states that use is permitted for such purposes.

The installation of retail outlets within the designated limits is carried out in order to ensure the sustainable development of the territory and achieve a minimum provision of the population with retail facilities.

The procedure for introducing objects is carried out only under the control of the current government of the Russian Federation. The construction scheme is developed, modified if necessary, and then approved only by local authorities.

Trade pavilion in the city on public lands Source tver.svarkaperm.ru

The proposed scheme must include at least 60% of non-stationary buildings for commercial purposes, which may belong to small or medium-sized businesses out of the total number of declared objects.

Land tax

Owners of land plots are required to pay the land tax SNT (Chapter 31 of the Tax Code of the Russian Federation). This is accrued cumulatively for all members of the Partnership and is transferred by the Federal Tax Service to the founder. The accountant of the board scatters the received amount according to the number of summer residents. These include all owners of dachas with whom a sublease agreement has been concluded or land plots have been allocated to individual ownership (Article 389-391 of the Tax Code of the Russian Federation). Responsibility for the territory of shared use is jointly and severally imposed. Citizens receive the right to stop tax deductions only after the sale of a plot or other property transaction allowing alienation.

The deceased owner's estate is taxed after the successors enter into the inheritance. They pay tax for the entire period from the moment of death of the testator. If the heirs do not show up, the board puts the property up for auction and pays off the tax debt from the amount received from the sale.

The peculiarities of land ownership in SNT require compliance with the constituent documentation of a legal entity. If the established rules are violated, citizens may be deprived of membership in the Partnership.

Read more information about the intended use of memory in our section.

Taxation

Taxation of public lands is carried out according to the following rules:

When a plot of land is leased to a legal entity or individual, and there are no permanent buildings on it, registered as their own real estate, then it is subject to mandatory taxes. Sometimes this tax is changed to a rental payment or vice versa.
If the declared site does not belong to any of the users by law (there is no building on it), for example, if it is part of the roadway. Then the land tax is transformed into a transport tax and its amount is divided proportionally among all users of a specific section of the road.
In the case when such plots are located in a non-profit horticultural association, then each participant pays the tax independently.

Taxation conditions may vary depending on what kind of activity is developing in a particular area.

Tax on public land Source perm.zoon.ru

Law on SNT from 2021: latest news for summer residents

“What is a garden plot according to the new law 217-FZ on gardening partnerships? If I have a garden plot, can I build an individual housing construction project on it? Do I need to obtain a building permit from the local administration for this?” - Boris from the Leningrad region asks.

If an association of gardeners and gardeners decides to carry out entrepreneurial activities, then transforming it into a TSN or HOA or bringing the charter into compliance with the legislation on agricultural cooperation is mandatory. This is done the first time changes are made to the Charter or information contained in the Unified State Register of Legal Entities. According to the law, such activities are not related to gardening.

Illegal use and liability for it

According to data from the Civil Code of the Russian Federation, public lands are areas to which everyone has access without restrictions. If for some reason an individual cannot enter this territory and is even asked to pay for entering it, then such an operation is illegal and is called “squatting.” It is subject to liability in accordance with Article 70.5 of the Code of Administrative Offenses. For unauthorized action there are fines, the amount of which is established at the legislative level:

citizens - 1-1.5% of the cadastral price for the plot (at least 5 thousand rubles);
officials - 1.5-2% of the cadastral value (at least 20 thousand rubles);
for legal entities - 2-3% of the cadastral price for the plot (minimum 100 thousand rubles).

If a person has illegally seized territory and conducts business activities on it, which has not been converted into the status of a legal entity, he will still be held liable as a legal entity.

The amount of the fine is calculated depending on the area of the squatted territory, which resulted in a restriction of travel or passage. Also, a penalty can be imposed if damage has been caused to public areas, for example, to the plantings present on them.

Detection of violations of the use of public lands Source kadastrmap.com

Features of the new law on gardening and vegetable farming partnerships - 2021

chairman representing the sole executive body,
the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but no more than 5% of the number of members of the partnership, which not only creates a certain convenience in the “controllability” of the board itself by the members of the partnership, but also reduces the size of the membership contributions for the maintenance of a board with a reduced number of members,
audit commission (auditor), accountable to the general meeting of members of the partnership.

general purpose land plots — land plots that are common property:
such plots are intended for general use by the right holders of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs,
such areas may be intended to accommodate other common property;
contributions - funds contributed by citizens who have the right to participate in the partnership (members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
The territory where citizens conduct gardening or vegetable gardening for their own needs (hereinafter referred to as the territory of gardening or vegetable gardening) is a territory whose boundaries are determined by approved documentation on the planning of the territory.

SNT lands and the nuances of their design

Public lands in SNT are plots of a horticultural non-profit partnership. Such associations offer people a plot of a certain area for organizing a garden or vegetable garden.

Typically, these public lands are located in a separate area, mainly outside the city or town. The number of adjacent plots may vary, and when they are transferred for use, an individual is allowed to use any resources on it. For example, install an individual well and use it.

Renting: a controversial practice

Article 85 of the Land Code contains a ban on the privatization of public land. Arbitration courts interpret this rule differently:

some write that the lease of such lands is unacceptable due to the ban on privatization (FAS NWO, NKO, Far Eastern District);
others believe that they cannot be transferred into private ownership, but renting is not prohibited (FAS of the Central, Volga Region).

The ability to legally set up a kiosk on a boulevard depends on the region in which the facility is located.