Inspections of gardeners and summer residents in 2022: what will the supervisory authorities pay attention to
There are fewer and fewer winter days left on the calendar, which means that it’s time to start preparing for the new summer season (including the legal one).
About what checks gardeners and summer residents can expect in the 2022 year and what exactly the regulatory authorities will check, in the material of the portal experts
1. What buildings are on the site
Both the land itself and the buildings on it are subject to taxation. Therefore, what kind of land the citizen owns and what buildings are on it, first of all, the bodies of the Federal Tax Service are interested.
Judging by the official comments of the Federal Tax Service, the check is limited only to the analysis of information provided by Rosreestr — about which real estate objects are registered with the gardener on the right of ownership.
That is, you should not be afraid that tax officials will come to the garden plot and begin a census of buildings.
But on the part of Rosreestr itself, such inspections can be carried out (both scheduled and unscheduled) — incl. for the identification of unauthorized buildings (Administrative regulations, approved by order of Rosreestr dated 18..2019 No. П/25).
So, in its recent clarifications, Rosreestr indicated that permanent buildings cannot be located on plots with the special purpose “for gardening”.
That is, a house, a bathhouse, a barn and other buildings can only be erected on a plot allocated for gardening or dacha farming.
If the building stands on a foundation, it is recognized as a capital building and the right to it must be registered with the USRN (Information from Rosreestr dated January 5 2022 on clarification rules for the construction of a bath in a summer cottage).
But even on the foundation, the building cannot be registered (and will have to be demolished) if it does not meet the mandatory standards (in particular, it is forbidden to build houses on garden plots above 20 m and more than 3 ground floors — item 1 of the Civil Code of the Russian Federation).
2. How the garden plot is used
Rosreestr, which exercises state land supervision, has the right to check whether the gardener uses his plot in principle (for an abandoned plot, the owner faces an administrative fine of up to 1.5% of the cadastral value of the land, but not less than 16 thousand rubles — part 3 of article 8.8 of the Code of Administrative Offenses of the Russian Federation).
And if so, how (does the owner go beyond the limits of the types of permitted land use established for his plot).
According to the current classifier of types of permitted use of land on garden plots, it is allowed to conduct economic activities — incl. grow perennial fruit and berry crops.
The types of permitted use for a particular site are listed in the USRN, as well as in the local Land Use and Development Rules.
And if, for example, a gardener breeds chickens, and this is not provided for by the types of permitted use of the site, he faces a fine of up to 1% of the cadastral value of the land, but not less than 10 thousand rubles (part 1 of article 8.8 of the Code of Administrative Offenses of the Russian Federation).
If, however, the use of the garden plot in entrepreneurial activity is revealed (for example, the owner opened a shop or a sawmill on it), this now threatens not only with a fine, but also with an increase in land tax.
Starting from this year, the Rosreestr is obliged to transfer data on the prosecution of such gardeners-entrepreneurs to the Federal Tax Service.
And she will charge tax at an increased rate (not 0.3% of the cadastral value, as for all garden plots, but 1.5% — paragraph 1 of article 98, P. 18 Art. 396 Tax Code of the Russian Federation).
3. How fire safety is observed
State fire inspectors of the Ministry of Emergency Situations have the right to check how fire safety rules are implemented in garden plots.
First of all, we are talking about observing fire-prevention distances between buildings on the site (clause 6.5 of the joint venture 18.13330.2019, Table 1 JV 4.2017.394).
It is also periodically monitored to what extent the lighting of fires in the garden plot complies with the rules (Rules for the fire regime, approved by the Government of the Russian Federation dated 10.06.1479 No. 394).
4. Where is the garbage stored
Fire safety rules (PP RF dated 08.09.2020 No. 1479) oblige the owners of land plots to clear them of debris in a timely manner. Therefore, the fire inspector, following the results of the inspection, can issue a fine for a cluttered area (part 1 of article 10.4 Administrative Code of the Russian Federation).
In addition, inspections can also be carried out by the municipal administration — if the region where the garden plot is located has special rules for cleaning up areas from garbage.
For example, in the Moscow region, a fine of up to 2.5 thousand rubles is provided (Article 6. 08 Code of Administrative Offenses of the Moscow Region) for owners of private houses (including for seasonal residence), if they do not regularly clean the adjacent territory (within 5 meters to the border of their site).
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