It also happens: the cassation court refused to recognize the debtor’s garden house as the only home

CrimeaPRESS reports:

The Second Cassation Court of General Jurisdiction recognized the seizure of the debtor’s dacha as legal. Solution notes «Russian newspaper», fundamentally important: the dacha, no matter how beloved it is, does not enjoy special immunity. So if you have debts, then you will have to say goodbye to six hundred square meters.

An example for all lower authorities, as well as debtor summer residents, should be the story of an elderly Muscovite who owed banks more than 700 thousand rubles.

Bailiffs learned that the woman has a dacha in the Vladimir region. It was decided to take the house for debts. The courts supported the demands of the bailiffs. The woman felt that taking away her dacha was too cruel.

It’s no secret that for many capital residents, the dacha is not just an outlet. They often perceive the dacha as the main and main home. An apartment in the capital is only a place of registration.

In court, the woman said that “due to her health, she feels better at the dacha, she does not refuse to repay the debt, she hopes to improve her physical condition and go to work.”

Alas for her: the cassation court considered that the decisions taken were absolutely legal. Protective measures do not apply to dachas.

As lawyers say, the Civil Procedure Code lists property that cannot be taken from a person for debts. These are, for example, domestic animals that a person does not raise for sale: cows, chickens, rabbits, etc. Accordingly, economic buildings and structures necessary for their maintenance are not subject to seizure. So, for example, the chicken coop is protected. Cowsheds, pigsties, beehives and much more are inaccessible to bailiffs.

The law also prohibits taking from the debtor “items of ordinary household furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items.”

Naturally, executive immunity extends to the debtor’s only home. Moreover, this does not have to be an apartment. A house on earth can also be the only one for a person. However, this does not mean that any dacha can be called a home.

According to lawyers, first of all, a dacha that claims to be a home must de jure have a residential purpose. A garden house is neither legally nor practically one of these.

Therefore, a person who wants to keep his dacha must first of all resolve legal formalities. As experts say, a house built in SNT can be recognized as a residential building only if it meets the parameters of a permanent structure. To do this you will have to undergo a procedure that may take several months. You will need to collect a package of documents and submit the appropriate application. Then you will have to wait for an answer, and it is not a fact that it will be “yes”.

Officials may refuse if the permitted use of the land does not include the placement of a residential building on it. So, for example, the land should not be a garden plot. Only outbuildings can be placed on the garden plot. Also, the applicant will be refused if the house does not have vital communications, foundation, windows, and so on.

If the plot is a garden, then there are chances. The law allows you to register in gardening partnerships. But they can only register in a residential building. No one will register a person in a barn, bathhouse, summer veranda or ordinary garden house. And in any case, if you manage to convert the dacha into housing, then you will need to get rid of the apartment. Since only a single residence is protected.

source: «Russian newspaper»

Crimea news | CrimeaPRESS: latest news and main events