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Changes in the law on horticulture: from a new procedure for the admission of members of the CNT to new opportunities in the use of plots

CrimeaPRESS reports:

Portal experts Legal subtleties emphasize: the bill 43016-8 introduces a number of important amendments and additions to the Law on Horticulture and Horticulture (No. 30-FZ) and several related regulations.

The draft law was approved by the parliament in the third reading and will soon come into force. What changes are expected in connection with this gardeners and summer residents?

1. Garden plots formed from farmland will be legalized

Law No. 30-FZ on the enactment of the Land Code of the Russian Federation is supplemented by the following clause:

a ban on the inclusion of agricultural land in the territory of the SNT and the construction of houses, outbuildings and garages does not apply to land plots for which, prior to 2019, the type of permitted use «for gardening» was provided.

7870923847297193864Lands of the «farmland» category were issued to citizens for gardening back in Soviet times and even in post-Soviet times, when the lands of former state farms and collective farms were divided into summer cottages.

But with the adoption of the Land Code of the Russian Federation for agricultural land, the above ban was introduced. Now this amendment will allow many gardeners to avoid huge fines for the fact that they use farmland for other purposes.

At the same time, the law states that the parameters of the house in such areas must comply with the general requirements for individual housing construction objects (namely: the height is not more than m, ground floors — no more than 3, consist of rooms and auxiliary premises — p. 39 article 1 of the Civil Code of the Russian Federation).

Therefore, houses that go beyond these limits can be recognized as unauthorized buildings and forcibly demolished.

2. The procedure for accepting members of the SNT is changing

The issue of admission to the membership of the SNT is transferred to the competence of the board of the partnership and it will no longer be considered at the general meeting.

As the authors of the draft law explained, the Law No. 40-FZ already provides for a closed list of grounds for refusing to admission to the membership of the SNT — so that the decision of the general meeting is actually only a formality.

Therefore, according to the new rules, admission to the membership of the SNT will be carried out by the board. It will have to consider the application of the owner of the site on the territory of the SNT within 30- days and render its decision.

3. The list of issues considered by the general meeting is expanding

In particular, it will now decide on the use of electronic and other technical means during the meeting.

It also includes a clause that cancels the closed list of issues to be considered by the general meeting: it is indicated that it can make decisions on other issues of the activities of the SNT, even if they are not provided for in Art. Law No. 217-FZ).

four. Additional opportunities for the use of land plots in SNT are being introduced

Firstly, it is envisaged that garden plots can be used for breeding poultry and rabbits for personal use (not for sale).

But only if among the auxiliary types of permitted use of the site such forms of activity as animal husbandry and poultry farming are provided.

These types of permitted uses are approved by the Land Use and Development Rules for the respective municipality.

Or the gardener will need to obtain permission from the district administration to change the conditionally permitted type of use of the site, if livestock and poultry farming are not among the auxiliary species.

Secondly, by decision of the general meeting, on the territory of the common use of the SNT, points can be organized for the sale of agricultural products grown by gardeners (with the installation of special non-capital trading facilities).

Source: Legal Subtleties

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