“Country Amnesty” will be expanded and extended for the fifth time – before March 1, 2026. The bill has already been introduced in the state Duma, approved by the government and State-legal Directorate of the President of the Russian Federation and may become law in autumn, say the authors. As “garage Amnesty,” which has promised recently by Prime Minister Mishustin.
the Authors – a group of senators (including the Vice-speaker Andrey Turchak) and the head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia), who has long been engaged in “dacha Amnesty”. Its first version started on 1 September 2006 and offered to citizens the provisional simplified rules of registration of ownership to land plots and built on them a residential or garden houses, baths, garages, and other buildings.
Some of the provisions of the “Amnesty” have become universal and permanent, and logging without permits for construction of residential houses or lodges in different ways three times extended. The fourth time it happened a year ago: before March 1, 2021 only under the technical plan, the Declaration of the owner and of the document giving the right to the land, can be put on the cadastral account and registration of their rights to residential and garden house if they are built in areas designated for gardening. Notification about the beginning and completion of construction in this case is not required, although August 2018 town planning code considers these two notifications are required for registration.
it is Now proposed to extend the simplified procedure of registration of rights to residential houses and cottages in the garden plots until March 1, 2026, that is, for another five years. The same order the authors of the bill want to extend to houses built on plots allocated for individual housing construction (individual housing construction), and sites allocated for part-time farming. For the same period – before March 1, 2026.
to assess the value, so to speak, of the gift, we must remember what will happen in the near future if a bill does not become law.
two years ago When were taken those new urban planning rules, the reservation was made. The owners of the land, which began to build them at home until August 2018 without previously required a building permit, that is, from the point of view of the state illegal until March 1, 2021 were allowed to be legalized, giving the local authority notice of the planned construction. And the owners of the houses erected or constructed on garden sites, as stated above, it was proposed to March 1, 2021 to take advantage of “dacha Amnesty”.
But after that date, if made�� a bill will not become law, all land owners will be obliged to comply with the new notification procedure of construction of objects “without any relief”, warn the authors. And those who started without a permit to build a house until August 2018, but has not filed a notice before March 1, 2021, “will be able to register their rights in court only if he can prove that their house does not violate the building regulations and is not an unauthorized construction”. Unauthorized construction, as it is known, are subject to demolition.
So, in March of 2021 “in a difficult situation” could be a large number of citizens, considers g-n Krasheninnikov.
In the explanatory note to the bill there are no statistics that would say about the relevance of the “dacha Amnesty” in her garden version. In conversation with “MK” g-n Krasheninnikov admitted that she, in fact, “did not work – only a few people per year took advantage of”. Why? The Deputy explains that usually citizens are engaged in registration of garden sites and properties on them, or from September to November or from February to June, “and there was a pandemic, and people not practiced, because sitting at home, and the bodies of Rosreestr not fully worked.”
But there is apparently another reason. Many Russians just don’t want to register their property because it costs money for the paperwork and entails the obligation to pay taxes. Yes, admits g-n Krasheninnikov, “most people think that their ownership is not formalized, after the death of a relative or when you want to sell something”. In some post-Soviet countries, he recalled, was introduced, the responsibility for the registration of rights of ownership, but in Russia in this way has not gone, “and correct”: “a thing in consciousness – people need to be clear and the process is long”.
by the Way, when last year, extended the ‘dacha Amnesty’, the law prescribed the duty of regional and local authorities to inform citizens about the new rules of construction of residential houses and the consequences of their violation. But as the authorities have to do left on their own, authorities, discretion. Apparently, communication is still okay, because the explanatory note States: although since the introduction of a new order of building and housing registration two years later, “at present, many citizens still do not fully acquainted with him and the legal consequences of non-compliance” and “dacha Amnesty” still need “for the implementation of the gradual adaptation of the population to new conditions”.
an Important caveat: the bill allows to register a house in a simplified manner only if it meets the parameters defined for�� objects of individual housing construction in the town planning code. That is, if it is a detached building with number of floors no more than three, with a maximum height of 20 meters with rooms and support facilities “to meet the citizens of household and other needs associated with living in this building”, and cannot be divided into independent properties.
Mr. Krasheninnikov says that since the bill submitted to the Duma only after approval from all relevant departments, it can and must make this fall.
it is possible that the work on the document will be held in parallel with the work on the draft law on “garage Amnesty”, which was supported by Prime Minister Mikhail Mishustin during a recent report on the work of the government to the state Duma. The bill in the Duma is not included. “Garages, as a rule, under the “dacha Amnesty” was not included – only those that were in the complexes of buildings on plots in rural areas”,- recognises g-n Krasheninnikov. According to him, together with the simplified order of registration of property rights need to pass a law that would prescribe garages and garage enterprises as property in the Civil code – now it is not, and the USSR was not.
