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RIA Novosti
The state Duma on Friday adopted in the third final reading the law on “forest of Amnesty”, which allows to legalize the plots, particularly the gardeners, located on the lands of the forest Fund and facilitate the process for the attribution of forest settlements the category of settlements.
General provisions
The document submitted by the Russian government aimed at changing the procedure for determining the boundaries of land plots from structure of lands of forest Fund and addressing conflicting information in the State forest register (GLR) and the Unified state register of real estate (egrn) by establishing priority in the last part of the definition of land in a particular category.
This will allow to resolve the problems associated with border crossings on land plots of the forest Fund with the boundaries of the plots, related to lands of other categories, says the Cabinet.
The provisions on priority egrn apply if rights of an owner or previous holders of the land occurred prior to 1 January 2016.
These General priority provisions of the egrn not apply to sites that are related to the category of lands of industry, energy, transport, communication, broadcasting, television, Informatics, lands for space activities, lands of defense, security or the lands of other special purposes, if on such land plots there are no real estate rights are registered.
General provisions do not apply to areas relating to agricultural land, in the presence of the authorized body of information on the results of the state land supervision, confirming the facts of non-use of such land for the intended purpose or use in violation of the law.
Besides, from-under actions of the law shows the plots located in borders of especially protected natural territories and territories of objects of cultural heritage. If the boundaries of specially protected natural territories, territories of cultural heritage objects is not installed, these General provisions do not apply, provided that after the establishment of such boundaries the parcel is located within the boundaries of specially protected natural territories or territories of objects of cultural heritage.
General provisions apply to inferred from their plots, if, within three months from the date of detection of the contradictions between the registers in the on registration of rights not received notice of the Federal forestry Agency to petition to the court contesting the registered rights to such land plot.
Criteria plot
The law provides additional criteria for the assignment of land to the lands of settlements, if it is in the borders of the village, or to the category of lands of agricultural purpose in other cases.
The section refers to such lands, if in accordance with the GLR, the forest plan of a constituent entity of the Russian Federation, as well as details egrn it belongs to the category of forest lands, but before August 8, 2008 was provided gardening or country non-profit Association to conduct relevant activities, allocated for the construction and operation of residential homes and also provided for private farming. This rule applies in case of transfer of rights of citizens on such site after August 8, 2008.
Approval of the scheme area
The law defines the provisions on the harmonization of the regional Executive on schemes newly formed plot of land in the state. Denial of approval of the scheme area the competent authority is allowed only in case of restraint of its boundaries with the boundaries of the forest area or forest area, forest Park, details of which are contained in the state forest register, or in the case of finding the land within the boundaries of forest Park.
However, if such land is not associated with the use of forests immovable property, rights to which arose prior to January 1, 2016 and registered in egrn, the site must be agreed upon. Under these conditions, failure is allowed in cases when the area formed by the land exceeded the legislation limits.
If these dimensions are not set, the failure is allowed if the area of the formed land plot exceeds the area occupied by immovable property and necessary for its use.
Denial of approval of scheme may be challenged in court.
Approval of the scheme for the approval of the land plot is not required if it is formed from lands which are in state ownership located in borders of settlement or within the territory, which is not an area of agricultural use, located outside the borders of the village, not related to the use of forests and is adjacent to forest, forest Park.
Also, such coordination is not required if the parcel is formed from land within the boundaries of the territory, the boundary information which is included in the egrn. In addition, the site can not coordinate, if it is formed from lands in borders of settlements, urban districts, inter-settlement territories in which there are no forest or forest parks in which the information about the boundaries of forest districts and forest parks made to the egrn.
Until 1 October 2017, the regional Executive body authorized in the field of forest relations, sends a notification of the presence or the absence of forest districts and forest parks within the borders of settlements, urban districts, inter-settlement territories in the local governments of corresponding municipal districts, urban districts, and also places such information in the Internet.
Changes to the town planning code
The head of the profile Committee of the state Duma on natural resources, property and land relations Nikolay Nikolaev informed the meeting of the Committee during the discussion of the law as amended the second reading mentioned the problem of forest and settlements, military camps and other settlements. He described a possible risk, when a group of houses that constitute the village, you can “grow into” a large area around, and thus, this will lead to the disappearance of forests.
According to these controversial provisions of the document in the first reading, preserved in the second and third readings, in the preparation of the map of the boundaries of settlement or city district, included in the draft master plan, the boundaries of such items included in the parcel of lands of the forest Fund in the case that all its borders are contiguous with areas located within the boundaries of the settlement, subject to certain limitations.
The MP spoke about the changes adopted in the second reading and remaining in the third reading, which is aimed at reducing the risk of forest decline. “For each settlement needs to be unique solutions, … in addition to the Commission, which takes these unique solutions will include government officials, will include also representatives of the public chamber of the region. … Because it is through the public chamber are all procedures for initiation of a green shield,” — said Nikolaev.
The head of the profile Committee of the state Duma also noted that, according to the amendments adopted in the second reading fixed for the third reading, the density of this site about the settlement may not be less than 30%. “So, will make the border for the building”, — he explained. The MP added that the violation of a norm of about 30% is possible only with special permission of the head of the Federal forestry Agency on the submission of personally Governor of the region.
Difficult situation
Earlier, the Deputy Director of the Department of real estate of Ministry of economic development Mikhail Bocharov described the situation with cadastral account of forest plots as “very heavy.” It was caused by a number of reasons, including the fact that prior to 2007 the Forest code did not recognize the division of forests on forest land. In addition, strict rules that are in the state cadastre, forest registry was not.
Bocharov recalled that a forest registry started with a “clean slate”, management of forest lands was carried out without the coordinate descriptions, without checking for overlap with other areas, without the consent of the boundaries with adjacent land users. According to him, all this has led to the imposition of not only forest areas with other areas, but also forest areas with forest patches. For example, said Bocharov, if you add up all the area of forest land, which is available in the inventory, you get 2.5 times more than the area of the whole country.