What will be the fine if you don't make it in time?
Owners of plots in gardening and vegetable gardening non-profit partnerships (SNT and ONT) have been given three years to develop their land plots. The State Duma adopted the corresponding bill in the second and third readings. MK decided to find out how much violators will have to pay out of their wallets?
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As Mikhail Lavrukhin, head of the commercial and residential real estate practice at the Intercession law firm, told MK, the new law eliminated the gap associated with the lack of specific deadlines for the beginning of the use of a land plot by its owner, establishing a requirement to begin using the plot within three years from the date of its acquisition. In addition, the new law introduced clear criteria for determining the signs of non-use of a plot. The provisions of the law are proposed to be put into effect on March 1, 2025.
The document, which for the first time discloses the concept of «development of a land plot», obliges citizens to prepare a land plot for future use within three years of purchasing it. Rosreestr believes that changes in the legislation will solve the long-standing problem of undeveloped land plots and provides a reasonable three-year period for their preparation. «For example, it takes time for citizens to drain the plot, remove weeds, create the correct relief, extend temporary networks, and demolish old interfering objects,» the department's press service explained.
Administrative fines have been introduced for summer residents who do not want to conscientiously look after their land. According to Lavrukhin, if the cadastral value of a land plot has been determined, then violators will be fined from 1% to 1.5% of the cadastral value of the plot, but not less than 20 thousand rubles. Officials will have to pay a fine from 1.5% to 2% of the cadastral value of the land plot, but not less than 50 thousand rubles. For legal entities, the fine is even higher — from 3% to 5% of the cadastral value of the land plot, but not less than 400 thousand rubles. If the cadastral value of the land plot has not been determined, citizens will be subject to an administrative fine. in the amount of 20 thousand to 50 thousand rubles, for officials — from 50 thousand to 100 thousand rubles, for legal entities — from 400 thousand to 700 thousand rubles.
In case of systematic failure to use a land plot in accordance with its intended purpose, the plot may be seized by a court decision (Article 45 of the Land Code of the Russian Federation and Article 284 of the Civil Code of the Russian Federation). «A claim for the seizure of a plot may be filed by the local administration or other authorized bodies acting within the powers granted by land legislation,» the lawyer noted.
Rosreestr and its territorial bodies will be responsible for checking compliance with the requirements of the new law and determining signs of non-use of land plots. These bodies carry out federal state land control (supervision) and will use the criteria established by law to determine whether a land plot is used in accordance with its intended purpose.
“Today, the goal is not to punish owners or confiscate their land plots,” said State Secretary — Deputy Head of Rosreestr Alexey Butovetsky. According to him, the main goal of the innovations is to force citizens to take care of the land and use it for its intended purpose. The authorities also expect that the efficiency of the use and involvement of land in populated areas, garden and vegetable plots in economic circulation will increase after the adoption of the law.
In Russia, there is indeed a problem with a large amount of unused land and «dead souls», especially in dacha communities, — Anton Saukov, head of the country real estate center of the company «Etazhi», noted to «MK». At the same time, in some of these land plots, according to him, the owners have never even paid membership fees, and this ultimately affects the quality of management and maintenance of gardening communities due to a shortage of funds, plus abandoned plots become overgrown with grass and become fire hazardous.
“For the effective development of individual housing construction, it is necessary to involve all unused land plots in circulation, which will, among other things, contain the growth of prices for them, due to the increased supply,” Saukov believes. However, it should be taken into account that the budget of dacha communities and cottage villages is formed on the principle of one boiler. And if someone does not fulfill their payment obligations, everyone suffers, which is unacceptable. “Therefore, such an unpopular decision is actually very relevant in the current conditions of active development of individual housing construction, since it will increase the land bank for new construction of private houses, contain the growth of prices and ensure normal maintenance of such lands,” the expert noted.
As the head of the AC “INKOM-Real Estate” Dmitry Taganov noted to “MK”, this legislative initiative does not directly concern plots for individual housing construction (IHC), which are allocated on the lands of the category of populated areas. It only concerns agricultural lands, on which, among other things, SNT and ONT may be located.
— For owners of agricultural land, there has long been a general requirement to begin developing their agricultural plot within three years, — Taganov said. — Now the use of all agricultural land, regardless of the type of permitted use, will be regulated in a uniform manner. That is, if you buy a plot of agricultural land, you are required to begin developing it within three years. If this is a permitted type of use — for agriculture, a person must grow something on this land. If for summer cottage construction, then he must build a summer cottage. If for gardening or vegetable gardening, then he is required to work in the garden or vegetable garden.
Experts interviewed by “MK” recognized the initiative to unify legislation in the field of agricultural land use as useful for the real estate market. However, the owners of the plots of land have the adopted law, understandably, did not cause a surge of optimism. After all, the risks of asset seizure due to the improper use of land will definitely increase.