It will become possible to vote at the SNT meeting in the messenger, the growing cow parsnip will be fined, why you should not be afraid of a drone that hovered over your site, and what to do if your dacha neighbor erected a solid fence in front of your window. These and many other changes that will affect garden partnerships in the coming summer, “Parliamentary newspaper” said the chairman of the Union of summer residents of the Moscow region, a State Duma deputy Nikita Chaplin.
– Nikita Yuryevich, before the onset of the summer season, the Ministry of Digital Development developed an interesting document – the procedure for online voting for members of the SNT. How will this help gardeners?
“Such measures were very timely during the coronavirus period and have shown their effectiveness. However, even in the absence of an epidemic, they are very convenient and useful. Indeed, often many important decisions in the SNT were taken for a long time, because it was not possible to gather the required number of people for a general meeting. Now voting can be held on the public services portal, on the partnership website or in any messenger. It is very convenient, saves time and allows you to quickly make important decisions.
– The norm that has come into force on the possibility of breeding birds and rabbits in a summer cottage for their own needs is still controversial. Isn’t it stillborn, given that poultry farming requires your land to have a Poultry Permissive Use Type? Is there such a thing in reality?
This rule has been in effect since 2021. But there is a nuance. In all SNTs, the type of permitted use of land plots is “For gardening”. The purpose of land plots, such as “Poultry”, is not found in the documents, especially near large cities. Despite this, a summer resident who wants to breed birds for his own needs has the right to apply to the municipality with an application to change the type of permitted use of his land. The application is considered in accordance with the town planning legislation, then public hearings are held in the SNT, where interested parties have the right to express their objections to the application. For example, the chairman of the SNT or neighbors in the area.
It is also necessary to remember that when keeping poultry in garden plots, veterinary rules must be observed. They were approved by order of the Ministry of Agriculture in 2006. I note that the creation of the most favorable conditions for keeping animals should also be provided in order to protect the environment from pollution and animal infections.
– Last year, summer residents actively discussed the law on the possibility of SNT entering the composition of settlements. How many partnerships have changed their status after the entry into force of the law?
– There are isolated cases of associations joining villages, but the procedure for making changes to the general plans of settlements is laborious and not every chairman can do it. In general, the regions themselves must establish requirements under which horticultural or horticultural areas can be included within the boundaries of a settlement. Such legislative work is underway at the regional level. For example, the relevant bill in the Moscow region is supposed to establish the following requirements, subject to which the territories of the SNT can be included in the boundaries of the settlement:
- the presence of a common border with the settlement;
- the area of the annexed territory should not be larger than the area of the existing settlement;
- the number of land plots with residential buildings must be at least 50% of the total;
- availability of a decision of the general meeting of members of a horticultural or horticultural non-profit partnership, horticultural or dacha non-profit partnership on the inclusion of the territory within the boundaries of the settlement;
- compliance with the standards of urban planning of the Moscow region to provide the planned population with objects of social, transport, engineering infrastructure.
When the regional laws come into force, the process will go faster.
– Information has appeared that this summer the government of the Moscow region intends to inspect unrecorded real estate in summer cottages using drones. How effective do you think this measure is? Are there any difficulties with the registration of such objects in the USRN?
“This work has been going on for several years. When unregistered real estate objects are found on a land plot, the owner of such a plot is notified of the need to register buildings. This measure is not effective, since no responsibility for the lack of registration of rights to buildings is provided, if you do not take individual housing construction, where the absence of a registered house after a certain number of years begins to affect the amount of land tax (it increases).
Difficulties with the registration of buildings on garden plots, of course, there are. This is due to the fact that the information about the boundaries of land contains a huge number of registry errors, without correcting which it is impossible to issue a house according to the rules that are currently in force.
• What can be done in the country house and on the site, and what can not
– In 2023, a law came into force in the Moscow region, according to which municipal services are required to destroy hogweed even on private land, and then bill the owner of the site for the work done. Is there a copyright infringement here?
– Not certainly in that way. The law refers to the fact that Sosnovsky’s hogweed is a weed, for the growth of which on a land plot the owner is brought to administrative responsibility. At the same time, no one is going to break into your area with a lawn mower. Hogweed grows on those land plots that, in fact, are abandoned. In addition, there is an indication in the Civil Code that if the land plot is not fenced, or its owner has not otherwise clearly indicated that entry to the plot without his permission is not allowed, any person can pass through the plot, provided that this does not cause damage or concern to the owner.
– What issues of “country life”, in your opinion, are still waiting for their settlement?
– I would note several points that summer residents are concerned about.
First. Neighborhood Law. It was the beginning of a major reform of civil law, but the neighborhood law bloc was never adopted.
Second. Protection of the right to “view from the window”. It includes compliance with the requirements for fencing. For example, you can not put solid fences, but only a picket fence, and a strictly defined color and a certain height. But the question is, by whom and how should this requirement be established and where is it fixed?
Third. There is still a problem related to ensuring the openness of the activities of SNT as a legal entity. It is no secret that in some partnerships there are several versions of the minutes of meetings: official and one that is not advertised, but on its basis, for example, there was a redistribution of common land in favor of one or several citizens. Perhaps we should talk about the need to create a single portal, an analogue of the GIS housing and communal services, where the minutes of general meetings of members of the SNT can be placed in the public domain.
Fourth. Many SNTs are now either on the brink or already in the process of going bankrupt due to poor business practices. Unfortunately, the institution of auditors does not work at all in the SNT. Perhaps you should think about changing the requirements for control over the activities of the executive bodies of the partnership. For example, an audit every three years, or to prescribe the real responsibility of the members of the audit commissions. But in any case, this question requires clarification.