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- Pillars of the earth: the Russian Federation has simplified the procedure for the redistribution of land
Pillars of the earth: the Russian Federation has simplified the procedure for the redistribution of land
The State Duma has approved a law that simplifies and regulates the procedure for the redistribution of land owned by the state, municipal and private. The initiator of the document was the Government of the Russian Federation. The relevant amendments are being made to the Land Code of the Russian Federation. Izvestia investigated how the changes will affect the construction of new houses, roads and infrastructure, as well as how the cost of land will be determined during the redistribution.
Development of territories
Streamlining the land distribution system is one of the key tasks of the state, Deputy Chairman of the State Duma Committee on Economic Policy Artyom Kiryanov told Izvestia. Large-scale federal and regional projects are currently being implemented related to the integrated development of territories and the creation of modern infrastructure so that people can live comfortably in any region of the country.
— At the same time, all issues related to land and property rights should be resolved clearly, transparently and without excessive bureaucracy. It is unacceptable to continue relying on the erroneous decisions of the past decades, which slow down development and create problems today," the deputy said.
Simplification of decision-making procedures is positively assessed and is not based "from scratch". Modern technologies make it possible to analyze the land situation in detail, and the work carried out on cadastral registration and valuation of land plots creates a solid foundation for new rules that will soon take effect.
Changes to the Land Code will simplify and speed up the construction of housing, roads and infrastructure, Oleg Filippov, chairman of the construction Committee of the Moscow State Agricultural Organization Opora Russia, said in an interview with Izvestia. By reducing land redistribution procedures, the overall construction cycle is reduced and costs are reduced.
"The law makes it possible to quickly eliminate complex and inconvenient land boundaries, combine adjacent lands without litigation, and also choose the type of permitted use when combining plots with different VRI," the expert explained. — The application is submitted directly to Rosreestr, which makes changes to the Unified State Register of Natural Resources without the need for separate surveying of each site. Additionally, uniform and clearer rules for establishing the IRI are being introduced, which simplifies law enforcement.
The price of land plots during the redistribution will be determined on the basis of the cadastral value indicated in the Unified State Register of Legal Entities on the date of application, he recalled. The fee is charged only if the private plot is increased at the expense of state or municipal land, and is calculated in proportion to the area of the attached part. The calculation is performed by an authorized authority, in some regions — automatically or through online services.
The procedure involves submitting an application to Rosreestr or the MFC with a boundary plan, paying the calculated amount before registering the right, as well as paying the state fee and the services of a cadastral engineer. The exception is cases of land seizure for state needs, where market valuation is applied.
Clear boundaries
The new procedure makes it possible to eliminate inconvenient and "defective" site boundaries that previously interfered with the design and placement of facilities, Elena Vasyakina, an expert in the Popular Front field, told Izvestia. Analytics", Candidate of Law, Associate Professor of the Department of State and Legal Disciplines of the RTU MIREA. This is important both for private construction and for the implementation of infrastructural and socially significant projects, including the integrated development of territories where flexible planning of buildings and networks is required.
The cost of land plots during redistribution depends on which land is used to increase the area. The fee is set by federal, regional or municipal authorities and, as a rule, is calculated as a percentage of the cadastral value of the attached part.
"The increase in value occurs when state or municipal land is annexed or when the characteristics of the site change, while specific calculation methods are determined by the regulations of the regions and municipalities," she stressed.
The law is not radical and does not fundamentally change the land use system, Andrei Makarov, a senior researcher at the Presidential Academy's Research Center for Spatial Analysis and Regional Diagnostics, told Izvestia. Its main task is to simplify the procedure of land redistribution in situations where it is really in demand in practice.
— We are talking about cases when the actual use of land does not coincide with the formal borders, or when the borders themselves are initially ineffective: broken lines, interstices, or small "residual" plots of land between possessions that cannot be used independently, — he said. — In such situations, the legal redistribution and de-bureaucratization of the procedure seem justified.
At the same time, according to him, the question of the limits of such redistribution remains open so that it does not infringe on public interests. The established landmark of 10 acres for individual development can allow the owner to significantly increase the site without a market transaction, which raises doubts from the point of view of fairness. Therefore, the redistribution of significant areas should take place publicly, with public control and discussions, in order to exclude the reduction of public areas, green areas and squares.
Changes in legislation create additional opportunities for housing, roads and infrastructure construction, primarily through more flexible and understandable land use, Andrei Zhukovsky, a leading researcher at the Institute of Regional Economics and Inter-Budgetary Relations at the Financial University under the Government of the Russian Federation, told Izvestia.
"This opens up prospects not only for private housing construction, but also for business development in rural areas," he said. — In particular, there is a potential for the formation of creative spaces and new growth points in small towns and rural agglomerations, which can become a tool for the integrated development of territories.
As for the cost of land plots during redistribution, the new rules make the mechanism itself more transparent and predictable, he confirmed. Clear conditions for calculating and registering land increase investor confidence and improve the business climate, making real estate and infrastructure projects more economically attractive.
Izvestia sent a request to the Ministry of Construction, but no response had been received at the time of publication.
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