In December 2022, amendments to the Federal Law “On the turnover of agricultural land” and certain legislative acts came into force, specifying the reasons why the state has the right to withdraw land from a citizen. The main change: now the site can be lost if the territory has not been developed within three years. What other changes in land legislation appeared in 2023 – in the material of Izvestia.
Why land can be seized
According to the amendments (Federal Law of December 5, 2022 No. 507-FZ), a plot of agricultural land can be withdrawn if: – the territory has not been used for its intended purpose for three years, including the buildings erected on it are not registered in the USRN ; – the use of the land plot leads to a significant decrease in the fertility of the land or causes harm to the environment; – the new owner of the previously withdrawn land plot did not start using it for its intended purpose during the first year.
After this time, the owners will begin to be fined according to the already approved grid of fines, and in some cases the land may be withdrawn. If the owner of the land plot was issued an order to eliminate violations, he will not be able to mortgage the land, donate it or sell it until the requirements of the court are met.
In addition, the period for bidding on seized areas has been reduced. Now the regional authorities must hold auctions within four months after the court decision. Previously, up to six months were allotted for the sale of land. The starting price at the auction is the market value of the site, the auction step is set at 3% of the original price. Another amendment concerns the term of the minimum lease of a site – it has been increased from three to five years. The maximum term remained the same – 49 years.
Land in Russia by category – list
According to Art. 7 of the Land Code, land in Russia is divided into seven categories:
– territories of settlements, – agricultural land, – land for industrial facilities, as well as communication or energy facilities, – specially protected areas, – forest fund, – water fund, – reserve land fund.
What is land misuse?
An ordinary person may lose his land if he does not start building a house on a plot for individual housing construction. Farmers are being taken away from the land that they have not started cultivating. The law itself does not disclose what is meant by misuse. However, on examples of judicial practice, it can be understood that it means the use of a site that is not related to its category. For example: – placement of commercial facilities on land provided for individual housing construction (individual housing construction), – use of an agricultural land for the extraction of sand and clay, – construction of houses on forest fund plots or specially protected areas, – construction of industrial enterprises, warehouses or apartment buildings on agricultural lands, etc.
The new law will also contribute to solving the problem of abandoned dachas, Aleksey Butovetsky, State Secretary, Deputy Head of Rosreestr, specified to Izvestia. “At the moment, the chairmen of the SNT and neighbors do not have an effective legal mechanism to force unscrupulous owners to develop land or the possibility of buying out a plot forgotten by its owner. At the same time, abandoned areas are usually littered, fire hazardous, dangerous plants, such as Sosnowsky’s hogweed, grow uncontrollably on them, ”explained the expert.
The seizure of land used for other purposes began in 2021, and by the end of 2022, legislators tightened the rules. How explained experts of Rossiyskaya Gazeta, control over the use of land has intensified after Rosreestr began to massively use drones. For example, if an inspector manages to examine about 1.6 hectares of territory per week using traditional methods, then thanks to drones, it is possible to check up to 25 hectares.
One of the developers of the Housing Code of the Russian Federation, Leonid Bandorin, noted in an interview with Izvestia that “in a good way, there should be one single criterion for development: cleaning the land from weeds.” Examples of hogweed overgrowing the territories of entire SNTs can be found in many regions: from the Central Federal District to the Urals. At the same time, the construction of a house, a barn, a garage or the planting of fruit and berry crops still should not be controlled by the state, the lawyer is convinced.
How is a withdrawal decision made?
The decision to withdraw the land is made after a court order. First, the landowner is fined and the deadlines for eliminating violations are determined. If the owner does not take the necessary steps, he is deprived of the right to land, and the contract with the tenant is prematurely terminated. Without following the entire procedure, including checking by the land supervision authority, providing a period for eliminating violations and bringing the violator to administrative responsibility for failure to comply with the order, the seizure cannot be recognized as legal.
Among other initiatives that have not yet become the letter of the law is the withdrawal of plots for debts, if the owner has not paid target and membership fees for three years or more. We are talking about abandoned plots, which are usually 10-20% in gardening communities.
In which regions of Russia is the demand for suburban areas and houses growing?
The interest of Russians in suburban real estate is growing year by year. Analysts of the federal company “Etazhi” compiled a rating of large cities in Russia, where there is the greatest interest in suburban real estate (Izvestia has it). Novosibirsk was in first place, where up to 40% of all potential buyers were interested in suburban real estate in 2023, in second – Voronezh, and on the third – Krasnodar. Rounding out the top five are Rostov-on-Don and Omsk. Moscow and St. Petersburg were not included in the top ten.
“Demand for land is starting to grow. The main reason is more affordable prices for building materials in winter than at the height of the construction season. Many buyers want to save on construction costs, they buy land now and start purchasing materials for future construction, so in the short term the demand for suburban real estate in Russia will continue to grow,” the experts said.
