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

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

What is included in the category of public land?

To satisfy civic needs, legislation allocates special areas for public use. The status of the land allows citizens to be on it legally and allows them to freely use the objects and resources located on it.

Land plots suitable for public free use include the following:

streets;
areas of settlements;
embankments;
squares and boulevards;
public beaches, water features and parks;
driveways and roads;
public parking, bus stops, etc.

Citizens, in accordance with land legislation and the legal regime, have the opportunity to use these territories and the natural and technical objects located on them.

Public lands are prohibited from being transferred to individual ownership. Some objects can be re-registered for temporary use (rented out), taking into account that the new owner will not restrict the right of public use of the territory (its original purpose).

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

Causing damage or disturbing the peace of the owner when crossing someone else's land plot

The legal owners of any land territories that fall under the categorical characteristics of public plots as part of any land may, at their own request, provide for the use of their property in the form of a plot of land for the passage of citizens or establish a ban on such use by installing special fences.

If, during the transition of the site, damage was caused to land territories or objects that are located within specific limits, or inconvenience and anxiety were caused to the owner, the owner has the opportunity to demand in court the elimination of all possible violations. To do this, the owner should go to court with an appropriate lawsuit regarding the fact of violation of rights when crossing his plot of land.

Author of the article

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.

Code of the Russian Federation dated October 25, 2001 No. 136-FZ

RUSSIAN FEDERATION

Land Code of the Russian Federation

Adopted by the State Duma on September 28, 2001
Approved by the Federation Council on October 10, 2001

(As amended by federal laws dated June 30, 2003 No. 86-FZ, dated June 29, 2004 No. 58-FZ, dated October 3, 2004 No. 123-FZ, dated December 21, 2004 No. 172-FZ, dated December 29, 2004 No. 189-FZ, dated December 29, 2004 No. 191-FZ, dated March 7, 2005 No. 15-FZ, dated July 21, 2005 No. 111-FZ, dated July 22, 2005 No. 117-FZ, dated December 31, 2005 No. 206-FZ, dated April 17, 2006 No. 53-FZ, dated 06/03/2006 No. 73-FZ, dated 06/30/2006 No. 92-FZ, dated 06/30/2006 No. 93-FZ, dated 07/27/2006 No. 154-FZ, dated 10/16/2006 No. 160-FZ, dated 04.12.2006 No. 201-FZ, dated 04.12.2006 No. 204-FZ, dated 12.18.2006 No. 232-FZ, dated 29.12.2006 No. 260-FZ, dated 29.12.2006 No. 261-FZ, dated 28.02.2007 No. 21 -FZ, dated 10.05.2007 No. 69-FZ, dated 19.06.2007 No. 102-FZ, dated 24.07.2007 No. 212-FZ, dated 30.10.2007 No. 240-FZ, dated 08.11.2007 No. 257-FZ, dated 13.05 .2008 No. 66-FZ, dated May 13, 2008 No. 68-FZ, dated July 14, 2008 No. 118-FZ, dated July 22, 2008 No. 141-FZ, dated July 23, 2008 No. 160-FZ, dated December 25, 2008 No. 281- Federal Law, dated December 30, 2008 No. 311-FZ, dated March 14, 2009 No. 32-FZ, dated July 17, 2009 No. 145-FZ, dated July 17, 2009 No. 164-FZ, dated July 24, 2009 No. 209-FZ, dated December 25. 2009 No. 340-FZ, dated December 27, 2009 No. 343-FZ, dated December 27, 2009 No. 365-FZ, dated July 22, 2010 No. 167-FZ, dated December 29, 2010 No. 435-FZ, dated December 29, 2010 No. 442-FZ , dated 03/20/2011 No. 41-FZ, dated 04/05/2011 No. 56-FZ, dated 06/14/2011 No. 138-FZ, dated 07/01/2011 No. 169-FZ, dated 07/11/2011 No. 193-FZ, dated 07/18/2011 No. 214-FZ, dated July 18, 2011 No. 215-FZ, dated July 18, 2011 No. 219-FZ, dated July 18, 2011 No. 242-FZ, dated July 19, 2011 No. 246-FZ, dated July 21, 2011 No. 257-FZ, dated 21.11.2011 No. 331-FZ, dated 30.11.2011 No. 349-FZ, dated 30.11.2011 No. 365-FZ, dated 06.12.2011 No. 401-FZ, dated 07.12.2011 No. 417-FZ, dated 08.12.2011 No. 423-FZ, dated December 8, 2011 No. 424-FZ, dated December 12, 2011 No. 425-FZ, dated December 12, 2011 No. 427-FZ, dated June 25, 2012 No. 93-FZ, dated July 28, 2012 No. 133-FZ, dated 12/30/2012 No. 318-FZ, dated 03/04/2013 No. 21-FZ, dated 04/05/2013 No. 55-FZ, dated 06/07/2013 No. 123-FZ, dated 07/02/2013 No. 148-FZ, dated 07/02/2013 No. 185 -FZ, dated July 23, 2013 No. 247-FZ, dated December 28, 2013 No. 396-FZ, dated December 28, 2013 No. 406-FZ, dated December 28, 2013 No. 411-FZ, dated December 28, 2013 No. 446-FZ, dated June 23 .2014 No. 171-FZ, dated July 21, 2014 No. 217-FZ, dated July 21, 2014 No. 224-FZ, dated July 21, 2014 No. 234-FZ, dated October 22, 2014 No. 315-FZ, dated December 29, 2014 No. 458- Federal Law, dated December 29, 2014 No. 485-FZ, dated December 29, 2014 No. 487-FZ, dated December 31, 2014 No. 499-FZ, dated March 8, 2015 No. 48-FZ, dated April 20, 2015 No. 102-FZ, dated June 29. 2015 No. 206-FZ, dated July 13, 2015 No. 213-FZ, dated July 13, 2015 No. 224-FZ, dated July 13, 2015 No. 233-FZ, dated July 13, 2015 No. 252-FZ, dated October 5, 2015 No. 277-FZ , dated November 28, 2015 No. 357-FZ, dated December 30, 2015 No. 431-FZ, dated December 30, 2015 No. 460-FZ, dated May 1, 2016 No. 119-FZ, dated May 23, 2016 No. 149-FZ, dated June 23, 2016 No. 206-FZ, dated 06/23/2016 No. 221-FZ, dated 07/03/2016 No. 334-FZ, dated 07/03/2016 No. 335-FZ, dated 07/03/2016 No. 336-FZ, dated 07/03/2016 No. 349-FZ, dated 07/03/2016 No. 354-FZ, dated 07/03/2016 No. 361-FZ, dated 07/03/2016 No. 365-FZ, dated 07/03/2016 No. 373-FZ, dated 07/01/2017 No. 141-FZ, dated 07/01/2017 No. 143-FZ, dated July 18, 2017 No. 177-FZ, dated July 29, 2017 No. 216-FZ, dated July 29, 2017 No. 217-FZ, dated July 29, 2017 No. 280-FZ, dated December 31, 2017 No. 506-FZ, dated 12/31/2017 No. 507-FZ, dated 06/27/2018 No. 164-FZ, dated 06/29/2018 No. 171-FZ, dated 07/01/2018 No. 175-FZ, dated 07/03/2018 No. 185-FZ, dated 07/19/2018 No. 212 -FZ, dated 03.08.2018 No. 340-FZ, dated 03.08.2018 No. 341-FZ, dated 03.08.2018 No. 342-FZ, dated 12.18.2018 No. 471-FZ, dated 25.12.2018 No. 485-FZ, dated 27.06 .2019 No. 151-FZ, dated 08/02/2019 No. 283-FZ, dated 12/27/2019 No. 477-FZ, dated 12/27/2019 No. 502-FZ, dated 03/18/2020 No. 66-FZ, dated 07/13/2020 No. 194- Federal Law, dated July 13, 2020 No. 202-FZ, dated July 31, 2020 No. 269-FZ, dated October 15, 2020 No. 318-FZ, dated December 22, 2020 No. 435-FZ, dated December 30, 2020 No. 494-FZ, dated December 30. 2020 No. 505-FZ, dated 04/05/2021 No. 79-FZ, dated 04/20/2021 No. 92-FZ, dated 04/30/2021 No. 113-FZ, dated 04/30/2021 No. 120-FZ, dated 06/11/2021 No. 163-FZ , dated 06/11/2021 No. 170-FZ, dated 06/11/2021 No. 209-FZ, dated 06/28/2021 No. 226-FZ, dated 07/01/2021 No. 273-FZ, dated 07/01/2021 No. 276-FZ, dated 07/02/2021 No. 300-FZ, dated 07/02/2021 No. 302-FZ)

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic principles of land legislation

1. This Code and other acts of land legislation issued in accordance with it are based on the following principles:

1) taking into account the importance of land as the basis of human life and activity, according to which the regulation of relations on the use and protection of land is carried out on the basis of ideas about land as a natural object, protected as the most important component of nature, a natural resource used as a means of production in agriculture economy and forestry and the basis for carrying out economic and other activities on the territory of the Russian Federation, and at the same time as about real estate, about the object of ownership and other rights to land;

2) the priority of protecting land as the most important component of the environment and a means of production in agriculture and forestry over the use of land as real estate, according to which the ownership, use and disposal of land are carried out by the owners of land plots freely, if this does not cause damage to the environment;

3) the priority of protecting human life and health, according to which, when carrying out activities on the use and protection of land, such decisions must be made and such types of activities carried out that would ensure the preservation of human life or prevent negative (harmful) effects on human health, even if this will require large expenses;

4) participation of citizens, public organizations (associations) and religious organizations in resolving issues relating to their rights to land, according to which citizens of the Russian Federation, public organizations (associations) and religious organizations have the right to take part in the preparation of decisions, the implementation of which may have an impact on the condition of lands during their use and protection, and state authorities, local governments, economic and other entities are obliged to ensure the possibility of such participation in the manner and in the forms established by law; (As amended by Federal Law dated October 3, 2004 No. 123-FZ)

5) the unity of fate of land plots and objects firmly associated with them, according to which all objects firmly associated with land plots follow the fate of land plots, with the exception of cases established by federal laws;

6) the priority of preserving especially valuable lands and lands of specially protected areas, according to which a change in the intended purpose of valuable agricultural lands, lands occupied by protective forests, lands of specially protected natural territories and objects, lands occupied by cultural heritage sites, other especially valuable lands and lands specially protected areas for other purposes is limited or prohibited in the manner established by federal laws. The establishment of this principle should not be interpreted as denying or belittling the importance of lands of other categories; (As amended by federal laws dated December 21, 2004 No. 172-FZ; dated December 4, 2006 No. 201-FZ)

7) paid use of land, according to which any use of land is carried out for a fee, except for cases established by federal laws and laws of constituent entities of the Russian Federation;

division of lands according to their intended purpose into categories, according to which the legal regime of lands is determined based on their belonging to a certain category and permitted use in accordance with zoning of territories and legal requirements; (As amended by Federal Law No. 141-FZ dated July 22, 2008)

9) delimitation of state ownership of land into property of the Russian Federation, property of constituent entities of the Russian Federation and property of municipalities, according to which the legal basis and procedure for such delimitation are established by federal laws;

10) a differentiated approach to establishing the legal regime of lands, according to which natural, social, economic and other factors must be taken into account when determining their legal regime;

11) a combination of the interests of society and the legitimate interests of citizens, according to which the regulation of the use and protection of land is carried out in the interests of the entire society while ensuring guarantees for each citizen for the free possession, use and disposal of the land plot belonging to him.

When regulating land relations, the principle of differentiating the operation of the norms of civil legislation and the norms of land legislation is applied in terms of regulating relations on the use of land, as well as the principle of state regulation of land privatization.

2. Federal laws may establish other principles of land legislation that do not contradict the principles established in paragraph 1 of this article.

Article 2. Land legislation

1. Land legislation in accordance with the Constitution of the Russian Federation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Land legislation consists of this Code, federal laws and laws of the constituent entities of the Russian Federation adopted in accordance with them.

The norms of land law contained in other federal laws and laws of the constituent entities of the Russian Federation must comply with this Code.

Land relations can also be regulated by decrees of the President of the Russian Federation, which should not contradict this Code or federal laws.

2. The Government of the Russian Federation makes decisions regulating land relations within the powers determined by this Code, federal laws, as well as decrees of the President of the Russian Federation regulating land relations.

3. On the basis of and in pursuance of this Code, federal laws, other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, can issue acts containing norms of land law.

4. On the basis of and in pursuance of this Code, federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, local government bodies, within the limits of their powers, may issue acts containing norms of land law.

Article 3. Relations regulated by land legislation

1. Land legislation regulates relations regarding the use and protection of lands in the Russian Federation as the basis for the life and activities of the peoples living in the relevant territory (land relations).

2. To relations regarding the use and protection of subsoil, water bodies, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural areas and objects, protection of atmospheric air and protection of objects of cultural heritage of the peoples of the Russian Federation, the legislation on subsoil is applied accordingly , forestry, water legislation, legislation on wildlife, on the protection and use of other natural resources, on environmental protection, on the protection of atmospheric air, on specially protected natural areas and objects, on the protection of cultural heritage sites of the peoples of the Russian Federation, special federal laws. (As amended by Federal Law No. 118-FZ dated July 14, 2008)

The norms of these branches of legislation apply to land relations if these relations are not regulated by land legislation.

3. Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation, unless otherwise provided by land, forestry, water legislation, legislation on subsoil, on environmental protection, and special federal laws.

Article 4. Application of international treaties of the Russian Federation

1. If an international treaty of the Russian Federation, ratified in the prescribed manner, establishes rules other than those provided for by this Code, the rules of the international treaty apply. (As amended by Federal Law No. 113-FZ dated April 30, 2021)

2. It is not permitted to apply the rules of international treaties of the Russian Federation in their interpretation that is contrary to the Constitution of the Russian Federation. Such a contradiction may be established in the manner prescribed by federal constitutional law. (Clause introduced - Federal Law dated April 30, 2021 No. 113-FZ)

Article 5. Participants in land relations

1. Participants in land relations are citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, and municipalities.

2. The rights of foreign citizens, stateless persons and foreign legal entities to acquire ownership of land plots are determined in accordance with this Code and federal laws.

3. For the purposes of this Code, the following concepts and definitions are used:

owners of land plots - persons who are the owners of land plots;

land users - persons who own and use land plots on the right of permanent (perpetual) use or on the right of free use; (As amended by Federal Law No. 48-FZ dated 03/08/2015)

landowners - persons who own and use land plots on the right of lifelong inheritable ownership;

tenants of land plots - persons who own and use land plots under a lease agreement or sublease agreement;

easement holders - persons who have the right to limited use of other people's land plots (easement);

legal holders of land plots - owners of land plots, land users, land owners and tenants of land plots; (Paragraph introduced - Federal Law dated December 31, 2014 No. 499-FZ)

holders of public easement - persons who have the right to limited use of lands and (or) other people's land plots, established in accordance with Chapter V7 of this Code. (Paragraph introduced - Federal Law dated 03.08.2018 No. 341-FZ)

Article 6. Objects of land relations

1. The objects of land relations are:

1) land as a natural object and natural resource;

2) land plots;

3) parts of land plots.

2. (Clause has lost force - Federal Law dated July 22, 2008 No. 141-FZ)

3. A land plot as an object of ownership and other rights to land provided for by this Code is an immovable thing that represents a part of the earth’s surface and has characteristics that make it possible to define it as an individually defined thing. In cases and in the manner established by federal law, artificial land plots may be created. (Clause introduced - Federal Law dated June 23, 2014 No. 171-FZ)

Article 7. Composition of lands in the Russian Federation

1. Land in the Russian Federation according to its intended purpose is divided into the following categories:

1) agricultural land;

2) lands of settlements; (As amended by Federal Law No. 232-FZ dated December 18, 2006)

3) lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;

4) lands of specially protected areas and objects;

5) forest lands;

6) lands of the water fund;

7) reserve lands.

2. The lands specified in paragraph 1 of this article are used in accordance with the intended purpose established for them. The legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of territories, the general principles and procedure for which are established by federal laws and the requirements of special federal laws.

Any type of permitted use from the types provided for by zoning of territories is chosen independently, without additional permits and approval procedures.

Types of permitted use of land plots are determined in accordance with the classifier approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of land relations. (Paragraph introduced - Federal Law dated July 22, 2010 No. 167-FZ)

3. In places of traditional residence and traditional economic activity of indigenous peoples of the Russian Federation and representatives of other ethnic communities, in cases provided for by federal laws, laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local government bodies, a special legal regime may be established use of lands of these categories. (As amended by Federal Law No. 164-FZ dated June 27, 2018)

Article 8. Assigning lands to categories, transferring them from one category to another

1. The transfer of land from one category to another is carried out in relation to: (As amended by Federal Law No. 141-FZ of July 22, 2008)

1) lands in federal ownership - by the Government of the Russian Federation;

2) lands owned by the constituent entities of the Russian Federation and agricultural lands owned by municipalities - by executive authorities of the constituent entities of the Russian Federation;

3) lands in municipal ownership, with the exception of agricultural lands, by local government bodies;

4) privately owned lands:

agricultural lands - by executive authorities of the constituent entities of the Russian Federation;

lands for other special purposes - by local government bodies.

The transfer of lands of settlements to lands of other categories and lands of other categories to lands of settlements, regardless of their forms of ownership, is carried out by establishing or changing the boundaries of settlements in the manner established by this Code and the legislation of the Russian Federation on urban planning activities. (Paragraph introduced - Federal Law dated July 21, 2005 No. 111-FZ; as amended by Federal Law dated December 18, 2006 No. 232-FZ)

(Paragraph introduced - Federal Law dated October 30, 2007 No. 240-FZ; repealed - Federal Law dated March 4, 2013 No. 21-FZ)

The procedure for transferring land from one category to another is established by federal laws.

2. The category of land is indicated in:

1) acts of federal executive authorities, acts of executive authorities of constituent entities of the Russian Federation and acts of local government bodies on the provision of land plots;

2) agreements the subject of which are land plots;

3) state real estate cadastre; (As amended by Federal Law No. 66-FZ dated May 13, 2008)

4) documents on state registration of rights to real estate and transactions with it;

5) other documents in cases established by federal laws and laws of constituent entities of the Russian Federation.

3. Violation of the procedure for transferring lands from one category to another established by this Code and federal laws is the basis for invalidating acts on assigning lands to categories, on transferring them from one category to another.

Article 9. Powers of the Russian Federation in the field of land relations

1. The powers of the Russian Federation in the field of land relations include:

1) establishing the foundations of federal policy in the field of land regulation

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.

Options for using PDO

In the traditional understanding, public lands in settlements are provided to citizens for the following purposes:

passage: sidewalks, squares;
passages: roads, streets, alleys;
stay: squares, parks, boulevards, gardens.

As a rule, they are used to develop municipal infrastructure and meet the cultural and everyday needs of citizens, for example, for recreation and public events.

These areas attract the attention of entrepreneurs who want to place retail and other commercial facilities on them. However, capital construction of buildings on such lands is prohibited, and the town planning regulations in force in populated areas, according to paragraphs. 2 clause 4 art. 36 GRK do not apply to these territories. Moreover, they cannot be transferred to the ownership of citizens.

In many cities, local development and land use regulations allow such land to be transferred for temporary use to accommodate non-permanent buildings.

Most often, the use of PDO for commercial purposes is carried out on a short-term lease basis. For example, in Kazan, on this basis, tenants place small retail trade facilities along roads and public transport stops, in parks and squares, squares and boulevards.

Lease agreements can be concluded with entrepreneurs on a competitive basis. Rental periods vary in each city. For example, in Moscow it can be no more than 1 year. The amount of payment is also determined in each locality separately.

Despite the ban on capital construction of buildings within the PDO, utility structures that are not intended for long-term stay of people are permissible. Such territories are often transferred for free use to the owners of these structures.

It’s another matter when PDOs are not public places. Thus, the subject of multiple disputes is public land between neighbors. Often conflicts arise between members of gardening partnerships and cooperatives when one of the members, for example, moves the fence of the site, restricting the passage of other participants. These actions are illegal, so citizens have to prove their case in urban planning inspectorates and in court.

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

The management authority is responsible for the condition of the local area included in the general property of the apartment building

Owners of premises in apartment buildings bear the burden of expenses for the maintenance of common property (Parts 1, 3, Article 39 of the Housing Code of the Russian Federation). At the same time, the management organization ensures its proper maintenance (Article 161 of the RF Housing Code).

According to Art. 162 of the Housing Code of the Russian Federation, the common property of an apartment building is an essential condition of the management agreement. The property of the house includes only a formed land plot, the boundaries of which are determined on the basis of state cadastral registration data (clause “e”, clause 2 of RF PP No. 491). In this case, the owners of premises in an apartment building pay for its maintenance (Article 154 of the Housing Code of the Russian Federation).

As Elena Shereshovets noted, the management organization is responsible for maintaining the local area only if two conditions coincide:

The site is the common property of the owners of premises in the apartment building.
Territory maintenance services are included in the management agreement.

Watch the full video of the first day of the online seminar to learn what to do if local regulations and courts are in favor of requiring the HO to maintain an undeveloped area of the house.

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

There are no criteria in the regulatory legal acts for assessing the sanitary condition of the local area of the house

On the second day of the online seminar, the Chairman of the Board of the P1 Association, the head of RosKvartal, Boris Valit, focused on practical topics related to the land plot under an apartment building. We have sorted out:

who should maintain the roads;
what are the requirements for MSW accumulation sites;
how to install a barrier and road signs in the yard;
how to take part in the national project “Comfortable Urban Environment”.

You can learn briefly about these topics from the demo video:

Watch the demo on the YouTube channel of the P1 Association ➡️

One of the questions that Boris Valit considered was whether there are any criteria for assessing the pollution of the local area. They are not established by law. The regulations stipulate only the requirements for the composition, frequency and order of work for the proper maintenance of local areas.

The expert cited regional practice as an example - decision of the Tver City Duma dated October 16, 2014 No. 368. Clauses 6.140–6.145 of this document state how often the yard should be cleaned and its sequence.

First, they clean the sidewalks, then the pedestrian paths and courtyard areas. Cleaning, except for snow removal, which is carried out during snowfalls, is carried out until 13.00. When manually clearing sidewalks and internal driveways, snow must be removed completely, under a scraper. In the absence of improved coatings, the snow is removed under the engine, leaving a layer for subsequent compaction.

Based on this, we can conclude that if the territory is not cleaned according to the standards established in this document, then it can be considered contaminated. To avoid this, the management company and the homeowners association must carry out all work prescribed by law in full, within the specified time frame or at the established frequency. There are no other criteria for assessing the quality of work performed.

Is it possible to place commercial objects in the local area?

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.

Public and non-public places

Public areas are those that are used by citizens every day for different purposes: someone goes to their place of work, someone walks, someone passes by to the store, etc. But there are also non-public places that are used by much fewer people. Non-public public areas include:

access roads to houses in the private sector;
public land between neighbors in SNT, etc.

Controversial situations arise when private territories are closely intertwined with public roads or sites. For example, in garden cooperatives, owners often move the fencing of their plot, expanding it to include the common territory. Land surveying and going to court always remain on the side of the victims, since it is unacceptable to increase your plot in this way.

In general, the territory of SNT or gated communities is both private and general. Land, as a rule, does not belong to the state, but to the board or development organization. It is usually under guard, and only members of the cooperative (SNT, residents of the village) and their guests are allowed to enter it after informing the guards in advance. Behind the fence, the territory is divided into zones: private and common, which can be used by all members of the cooperative.

They are obliged to:

keep the public area (mainly roads and access roads) clean and safe;
do not seize it for personal use.

Usually the management or developer undertakes the maintenance of the territory; they set the price for these services and charge a fee from all owners.