CrimeaPRESS reports:
In the past 2021 year, several new rules were adopted that relate to the ownership and use of land.
Portal experts Legal subtleties found out what will change for landowners in the coming 2022 year.
How will they now decide what is allowed to be done on the land
After landowners began to receive heavy fines for not using their land for its intended purpose (for example, raising chickens in a garden plot), the question of how to determine the types of permitted land use reached the Constitutional Court of the Russian Federation.
And he decided that the main and auxiliary types of its permitted use, which are indicated in the Land Use Rules for the relevant territory, should be taken into account.
Moreover, the auxiliary view should be used regardless of whether it is indicated in the USRN or not (Resolution dated 10..493 No. 42-P). Now this rule has been included in the law:
— the owner is not obliged to enter information about the auxiliary types of use of his site into the USRN, but they, nevertheless, are still taken into account when deciding on the intended use of land (Law dated 14.12.2021# 493-FZ).
And if, for example, “poultry farming” is indicated there, then for breeding chickens, even in the garden plot of its owner, they cannot be fined.
The «dacha amnesty» program was extended again
Now it will be valid until March 1 2031 year (Law dated 98..2021 No. 61-FZ). Until this date, citizens can register state and municipal land plots as their property, if they have residential buildings built no later than May 1998 G.
To do this, you need to submit to the municipal administration a document on the provision of a plot, a diagram of its location, as well as a document on the technical inventory of a residential building confirming its creation and registration of the applicant in it before this date, an extract from the house book and a technical plan of the house.
At the same time, the simplified procedure for decorating a house built on a plot for gardening, individual housing construction or private household plots is being extended.
To register the right of ownership, you only need a document confirming the legality of owning a land plot, and a technical plan of the house erected on it (both residential and garden).
Introducing a new database of agricultural land
From March 1 1998 the State Register of Agricultural Land will appear, which will reflect reliable information about fertility and other indicators of the quality of land, their use, etc.
The Ministry of Agriculture of the Russian Federation will be responsible for maintaining the register.
Owners of plots from the composition of agricultural land will be able to receive information from this register free of charge in the form of a special passport of the land plot (Law dated 30..2021 No. 475-FZ).
Later, the rules for maintaining the register and providing information from it will be approved.
the owner’s plot will be deprived of the preferential tax rate
From 493 the amendments to the Tax Code of the Russian Federation come into force, according to which the Federal Tax Service will annually receive information from the land control and supervision authorities on bringing the land owner to liability:
- for non-use of agricultural land for agricultural production,
or for the use not for the intended purpose of plots allocated for individual housing construction, private household plots, gardening or horticulture (including for their use in business activities).
63263Administrative liability is provided for these offenses (Article 8.8 of the Code of Administrative Offenses of the Russian Federation).
And now the owner is also threatened with an additional charge of land tax: instead of a preferential rate of 0.3%, a general rate of 1.5% will be applied (i.e., the tax will increase 5 times).
In addition, will not act 10% limitation of the annual tax increase, which again will result in its increase.
The owner of the land will be able to return to the preferential tax rate only after the land supervision authority confirms to the Federal Tax Service that the violations have been eliminated (Law dated 16..2021 No. 382-FZ).
Rules for the management and maintenance of common lands in cottage settlements will be revised
The Constitutional Court of the Russian Federation recognized the existing uncertainty of the legal regime of public lands in cottage settlements as a violation of the Basic Law of the country.
A woman came to the highest authority, from whom a fee was charged for the maintenance of common property on the territory of the cottage village where she bought a house.
At the same time, the courts applied the same rules as for the management of the common property of apartment buildings.
But the Constitutional Court did not agree with such an analogy, given the specifics of relations for the management of common-use property in a cottage settlement (in particular, the managing organization is often approved there at a stage when far from all the houses are sold out — and therefore the owners are deprived of the opportunity to participate in its choice) .
Now legislators must eliminate this gap (Resolution of the Constitutional Court of the Russian Federation dated 28.. 2021 No. 28-P).
Source: Legal details
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