From September 1, the sale of garden and garden plots was banned separately from houses

In Russia, on September 1, a ban on the sale of garden and garden plots came into force separately from the buildings located on them. The corresponding law was adopted by the State Duma on July 22 and signed by the president of July 31, reminds RIA Novosti.

The document also prohibits the creation of the territories of gardening and gardening on agricultural machines, as well as on the lands of settlements within the boundaries of territorial zones, in which citizens of gardening and gardening are not allowed for their own needs.

In addition, the document clarifies that the infrastructure of horticultural plots may include not only the water supply, electricity, gas and sewage system, but also various outbuildings, including sheds, baths, greenhouses, awnings, wells. At the same time, cellars and other structures that are parts of residential or garden houses will not include them.

Lawyer Alexander Domnikov from the Legal Bureau “Kovenant” in a conversation with the CIAN correspondent. Zhurnal noted that the ban on the sale of garden and garden plots separately from houses in many respects fixes the current logic of the law, but is formulated in a more stringent form.

All these norms regulated situations when the Earth and the structure have one owner. The new Law on SNT sounds more tougher: it directly prohibits the sale of garden and garden plots without capital buildings located on them, not specifying at the same time that this applies only to cases of belonging to one person. Thus, the exceptions previously admitted to the Civil Code and WK are at least in question, ”the lawyer emphasized.

In his opinion, the purpose of the innovation is to stop the practice of separating land and buildings between different persons, which often led to judicial conflicts and problems with the registration of rights.

As for the practical implementation, the Rosreestr simply will not register transactions that violate the ban. A noticeable change in prices for areas and individual housing forces is not expected. Rather, we are talking about increasing transparency and legal purity of transactions, which in the long term will strengthen confidence in the market, — continued Alexander Domnikov.

He also added that the ambiguity lies in how the new rules will correlate with the exceptions to the land code, which allow in some cases separate alienation of buildings and plots.

On the one hand, the SNT law as a more special norm implies priority. On the other hand, the exceptions of the RF Labor Code are obviously justified, and without them it is impossible to normal regulation of a number of situations. Before the appearance of the official clarifications of the Supreme Court and Rosreestr, the risk of conflicts and judicial disputes remains— the specialist summed up.

The owner of the construction company «Lazovsky House» Maxim Lazovsky believes that the initiative was required and is required to restore order in the plots. In his opinion, in fact, it will bring only certain difficulties to developers, who before the purchase will have to solve the issue with registration, demolition of buildings and certain commissions.

Previously, such a story did not require the demolition of unregistered buildings, and there are a lot of such areas on the territory of SNT areas, garden plots, although it is impossible to build houses for living officially at home, only temporary economic buildings. Now it will become more difficult to implement such objects— summed up Maxim Lazovsky.

source: CYANOGEN