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- Screw it in the swamp: how large families can avoid running into an unsuitable plot of land
Screw it in the swamp: how large families can avoid running into an unsuitable plot of land
The Yaroslavl Regional Court ruled in favor of a city resident who demanded that the mayor's office allocate her a new free plot. The first plot she received from the officials simply could not be used for anything, as there was a stream running through it. The woman had to go through two court instances in two years and spend about 100 thousand rubles to prove that this land plot could not be developed. At the same time, the mayor's office has not yet decided whether to accept the court's verdict or not. How not to run into a substandard land plot and whether there is an opportunity to refuse the land - in the material "Izvestia".
Why the land had to refuse
Yaroslavl regional court overturned the decision of the city court and demanded to give the resident Evgenia Tryukova, a mother of two children, another plot of land. She received it for the construction of a residential house under the program "Young Family" in November 2021, but in 2022 found it swampy. And then she found out that she couldn't use this land - water bodies flow through it, tributaries of the Tvorogovsky brook.
- In 2022, I cut down all the bushes and trees there and saw this water body. I thought it was just some kind of waterlogging, since the site is located in a swampy area, - Eugenia told "Izvestia". - I went to legalize the road to this site, but the Department of Urban Economy sent me to the Department of Environmental Protection, and its experts went to the site and said that water bodies are flowing, but for certainty it is necessary to conduct an expert examination.
The expertise confirmed: there is a water body on the plot, which means that the land is for public use and cannot be privatized.
Then the resident of Yaroslavl again went to the officials, asked to replace the land, but received the answer: the plot is issued once, we can not provide it again, go to court.
Thus began her legal battle with the Yaroslavl mayor's office. And in the first instance, the issue could not be resolved: the judge took issue with the problems with land surveying and rejected the request. Denis Pugovishnikov, Chairman of the Municipal Property Management Committee of the Yaroslavl Mayor's Office, told Izvestia that the refusal was issued "also because of the absence of a water body on the disputed land plot". Only in the regional court it was possible to prove that the officials had no right to issue this land.
- Now I have to wait three months - whether the Yaroslavl Mayor's Office will appeal to a higher court or not," Evgenia explained. - If this does not happen, I will be put back on the waiting list for land, but with a serial number one. And a new plot will be allocated.
Denis Pugovishnikov told "Izvestia" that the decision to challenge the court verdict will be made after studying its motivation part, which has not been published yet.
According to Yevgenia Tryukova, almost all the expenses for the litigation will be reimbursed, but they had to spend a lot in the process: in total, about 100 thousand rubles were needed for expert examination, cadastral engineer, lawyers, etc.
Evgenia Tryukova notes that there are other demarcated lands with water objects on them near her plot. This is the area of Zabelitsky streets (there are nine of them), the source of the long Tvorogovsky brook, which upstream becomes an important natural object for local residents. But at the very beginning it is not paid so much attention to. According to the map, in some places this creek flows right through the houses - it is hidden in tunnels. Apparently, it will not be allowed to do that on the new sites.
We will add that the story of Evgenia Tryukova in the spring of 2024 was interested in the prosecutor's office. In the materials of this supervisory body it is indicated that earlier on the site there were illegal garages, fences and thickets, which the authorities demolished.
Is it possible to give up the plot
Evgenia Tryukova told "Izvestia" that several large families had previously refused from her plot before formalizing the land into ownership. She herself no longer had such an opportunity - she was afraid of losing the right to a free plot, as the age of exclusion from the "Young Family" program was approaching. And in November 2021 there was no possibility to determine the stream because of trees and bushes on the plot.
Artem Kuznetsov, Chairman of the Regional Public Organization "Large Families of the Republic of Tatarstan Artem Kuznetsov notes that it is possible to refuse the plot. At least in Tatarstan, as well as in the Yaroslavl region and a number of other regions, large families have this right three times. Then they will have to join the queue again. Obtaining land is a one-time process everywhere, which is why Evgenia Tryukova was sent to court - she had already received a plot, not refused it at the offer stage.
Oleg Kireev, head of the "Multi-House" project, told Izvestia that regional authorities are now more and more often trying to issue not land, but a land certificate - its amount varies from region to region. This is even easier for officials: it is more expensive and more complicated to build infrastructure to the land. Srbui Ivashchenko, a leading lawyer of the EYUS, points out that large families themselves can choose a certificate. In the Moscow region its amount is 400 thousand rubles.
How the suitability of the plot is determined
-The letter of the law states that such land must be allocated with transportation infrastructure and technical capability for technological connection to electric grids," Tatyana Butskaya, first deputy chairman of the State Duma Committee on Family Protection, Paternity, Maternity and Childhood, told Izvestia. - But then each region determines for itself to what extent these communications are supplied. It is important that the land plot is suitable for building a house and living.
For example, in the Moscow region, land plots can be connected to heat, gas, water supply and sewage networks in accordance with the category of the land plot, the type of its authorized use, the level of provision with engineering infrastructure of a particular settlement, says Srbui Ivashchenko.
At the federal level, the procedure for replacing land if it is not suitable or if problems are detected in the process of use is not regulated.
- I believe that this issue must be regulated at the federal level," says the lawyer. - At least the basic points should be spelled out, so that the regions would clearly follow them and create their own laws and regulations. Especially since there is a rule of land use within three years - if you do not start development within this period, the plot can be withdrawn and the family will not be able to get it again. And how can one develop land that is on the outskirts of a settlement, and even without access to it?
Economist-analyst Ilya Margolin is sure that the responsibility of officials for granting plots that knowingly do not meet the requirements should be prescribed.
And Tatyana Butskaya believes that the problem would be solved by demographic departments, which the Deputy Speaker of the State Duma Anna Kuznetsova urged to open in the regions.
- All regional laws should be passed through this department before they are adopted, so that it would be clear how much they benefit the family, and it could also consider all cases of injustice to the family," she said.
The only regulatory document in this area is the order of the Ministry of Regional Development of the Russian Federation from September 9, 2013 № 372, which contains recommendations to the subjects of the Russian Federation on the procedure and cases of free provision of land plots to large families. It stipulates the following criteria for selecting land plots: their transportation accessibility; satisfactory environmental conditions; availability of engineering infrastructure facilities or the terms of their construction, costs for connection to networks; availability or the terms of construction of social infrastructure facilities, public utilities and trade. And also "other criteria".
Oleg Kireev notes that any plot of land can be suitable for construction: technologies make it possible to build housing on slopes, in lowlands, and in swampy areas. The most important issue is infrastructure - whether you can get to your plot.
- Sometimes we build in settlements for large families, but a truck with materials cannot get to the plot," he explained. - You have to overcome a lot of obstacles in order to at least start building.
What if there are no vacant plots at all
The head of the "MultiDom" project notes that the tendency to allocate land not in the best locations was and still is - in remote areas of the Moscow region and other regions you can come across free land plots without any infrastructure and with poor transportation accessibility. But sometimes there are no plots at all.
Mikhail Silantyev, the chairman of the Arkhangelsk regional branch of the Union of Gardeners of Russia, said that in the Arkhangelsk region the queue for land is only growing, and municipal authorities refer to the lack of free plots.
-If at first we were given land plots in uncomfortable areas, in swamps, etc., which led to citizens' appeals to the courts demanding to provide land at least in non-flooded places, now the authorities have decided that it is better not to provide anything, - he claims. - The queue is moving a bit only due to the possibility to get a cash certificate in the amount of 210 thousand to 310 thousand rubles.
He calls the allocation of unclaimed SNT plots to large families a way out. Dacha communities have the necessary infrastructure, it is allowed to build houses for permanent residence and to register in them. In the Arkhangelsk region this mechanism is not yet in force, but in other regions have already come to this: in particular, in the Pskov region, says Oleg Kireev, where you can already get land through abandoned plots in the SNT.
How to change a plot through the court
Srbui Ivashchenko recommends that before obtaining land to inspect the plot and familiarize yourself with the documents on it.
- Before granting land, the plot is put on the cadastral registration, it is assigned a cadastral number. And any person can order an extract from the Unified State Register of Registrations for any plot, find out all the information on it-type of permitted use, restrictions and so on, - she continues. - And before signing documents with the administration, it is better to consult a lawyer, so that you don't have to go to court later.
Georgy Gabolayev, the founder and CEO of Group-A Company, outlines the algorithm of actions, in case the court had to be addressed after all.
First, it is necessary to collect documents on the plot and prepare expert opinions: reports of surveyors, ecologists and construction specialists confirming the unsuitability of the plot, as well as all correspondence with local authorities.
Secondly, before applying to the court, you should send a written appeal to the local administration with a request to reconsider the decision to allocate the plot.
The third step is an application to the district court. There you need to describe the situation in detail and state your demands (for example, allocation of another plot).
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