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Company / Laws

Changes for gardeners in 2019.

Legal aid 25.12.2018 at 10:21

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In order to improve the regulation of legal relations of members of gardening Association and individual growers plan to make a number of changes and amendments to the current legislation of the Russian Federation. Changes will be made on the basis of the draft Federal law "On amendments to the Federal law "On the conduct of the citizens of horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" and article 16 of the Federal law "On amendments to the town planning code of the Russian Federation and certain legislative acts of the Russian Federation".

the Draft Federal law proposes to set the penalty rate for late payment for the use of the common property of the partnership to double the size of the key rate of the Bank of Russia, unless otherwise stipulated by the Charter of the partnership. Also the Project will be set a provision stating that the fee for providing copies of documents will be approved by the Board and not by the General meeting of SNT. In addition, the Project will be established a rule that membership dues are payable in a lump sum within one month from the date of approval, unless the Charter provides otherwise. The Project also proposes to grant the Board the rights to the opening or closing of Bank accounts.

the Project also addresses issues of construction of residential houses and garden houses on the plots for gardening. The draft makes provision that the limit parameters of the permitted construction of buildings and structures, the construction of which is carried out on garden land are determined by town-planning regulations, the parameters of the residential houses, garden houses must conform to the parameters of object of individual housing construction, specified in point 39 of article 1 of the town planning code of the Russian Federation. In the absence of approved planning regulations limit the options of residential houses, garden houses, construction of which is until 31.12.2023 g. on garden plots must correspond to parameters of object of individual housing construction, specified in point 39 of article 1 of the town planning code of the Russian Federation. Thus, if town-planning regulations is not approved, but to guide the construction of need to the current planning legislation.

Also note that land under horticulture to build a garden house and outbuildings. As for the construction of garden houses and outbuildings do not need to obtain a building permit. On land for gardening it will be possible to build a house. For construction of a house will need to notify the local authorities. If the construction of a dwelling house meets all the requirements, the local authorities sent a reply on the compliance of the construction requirements. After construction of a dwelling house, the land owner sends a notice of completion of construction. If the house meets all the requirements, issued a resolution on compliance. If for some reason the residential building does not meet the requirements, issued a decree on the mismatch. In the case of matching houses with all the requirements of the local authority itself sends the Covenant of documents for registration of ownership in the Federal registration service. The applicant will need a technical plan and a payment receipt of state duty.