changes to the settings of protected areas partnerships were refined parameters for the access roads. New SP delineate the objects of common use into mandatory and optional, as well as to specify the area of land for General purposes – now it has to be from 20% to 25% of the partnership. Appeared and recommendations to ensure escape routes and exits both from private houses and buildings for common use.
However, according to the expert of the chamber Hope Leshchenko, this does not mean that the existing partnerships have to go through large-scale redistribution of land. “A new set of rules applies to newly created associations,” she says.
According to the new regulations, under the buildings, it is recommended to take up to 30% of the area of personal garden plot, and taking into account paths, playgrounds and other spaces with hard surface – not more than 50%.
the Recommended settings of fences between plots, margins from the boundaries with tree planting and the design of septic tanks and compost, placing the electricity meters were also updated. “It is important to understand that even though rules and are Advisory in nature, they are designed primarily to ensure the safety of citizens during their stay in the territory of partnership”, – said the expert.
She also told how, in practice, the act of gardening and horticulture, which came into force almost a year ago.
the Expert recalled that since joining the 217-FZ, citizens can only create gardening (SNT) and gardening noncommercial Association (ONT). These partnerships are an Association of property owners (TSN). Existing country associations are now automatically added to gardening, and from the legislation displays all the “country” concept.
“it is Important that you do not want the reorganization of a previously created non-profit associations – said the expert. – Except one case: in a TSN needs to be converted the previously created gardening, gardening or country consumer co-operatives”.
Now gardeners-individuals are required to pay for the acquisition, development and maintenance of the common property, current and capital repairs of objects included in such property, and in the same procedure established for the members of the partnership. They have the right to participate in the General meeting of the partnership on specific issues and even to take part in the vote.
PR 217-FZ in the garden is possible to build residential or garden house, farm building, detached garage. However, the law stipulates that the construction of capital construction objects in the garden is possible only if the site is located within the boundaries of the territOria, in relation to which the relevant town planning regulations. On the plots, as before, the construction of any real estate objects is prohibited. It is possible to plant only trees, shrubs, vegetables and fruit. But the law provides for the preservation of the right to previously built farm building and structures, if this right was registered before 1 January 2019.
Should pay attention to the fact that all the houses located on garden sites, data about which are brought in the Unified state register of real estate (egrn) until 2019 with an indication of the purpose “residential” or “residential building” are recognized houses. Buildings designated as “uninhabitable”, seasonal or auxiliary use intended for recreation and temporary stay of non-farm buildings and garages, garden houses are recognized.
“If the building belongs to the citizens consisting on the account as needing residential premises, the recognition of his dwelling does not automatically imply the consideration of its area in determining the level of provision of residential facilities. This is very important,” – says Leshchenko Hope.
