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- Without registration and in a farming co-op: is it possible to turn dachas into guest houses
Without registration and in a farming co-op: is it possible to turn dachas into guest houses
The prosecutor's office in Novokuznetsk banned the activities of the hotel on the shore of a water quarry, as it operated on the territory of a farming co-op without registration. But you can still book a house there: the existing fines do not frighten owners of this kind of business. A house with a sauna by the water, its own pier — you can pay 14 thousand rubles per day at such a "resort". Experts note that there are many similar cases in Russia, and even in those regions where guest houses can be legalized as part of the experiment in force since last year, but the shadow market is still flourishing. Why gardening co—ops across Russia are turning into "gray" resorts is in the Izvestia article.
Why was the guest house banned in Novokuznetsk?
A local resident complained to the Novokuznetsk prosecutor's office about a cottage in one of the farming co-ops on the shore of a reservoir, according to the prosecutor's office of the Kemerovo region. There, "hotel services were provided to an unlimited number of people": rooms were equipped in the building, a sauna was built on the territory and the premises were rented out to citizens on a daily basis.
"The activity of providing commercial services was not registered in accordance with the procedure established by law. In addition, when using the premises, violations of fire safety requirements imposed on the organization of the hotel business were committed," the prosecutor's office said.
The supervisory authority filed a lawsuit with the court, which supported the opinion of the prosecutor's office and banned the use of the cottage for the provision of hotel services.
As Izvestia found out, we are talking about a cottage in the Berezhki farming co-op near the Abagura quarries. Despite its proximity to industrial facilities, this is a favorite vacation spot for locals: there are many gravel and sand pits left here that have been worked out by water. Now they go fishing and swim in these reservoirs. There are dozens of farming co-ops with dachas right by the water.
The announcement of the two-storey house, which in its appearance exactly matches the photo taken by the prosecutor's office, is still open on one of the announcement sites. The cost of pleasure is 14 thousand rubles per day. If there are more than 10 guests, the surcharge for each subsequent guest is 500 rubles. We are talking about a two-storey house with a sauna, kitchen, dining room, six bedrooms and a barbecue area on the pier. Check—in and check-out are the same as in hotels: at 14.00 and 12.00, respectively.
Despite the injunction, the house continues to be rented out — on the classifieds website, in response to the question of whether it is possible to book a cottage, they answered in the affirmative. The problem with the prosecutor's office's claims is "being resolved," the landlords added. When asked how, Izvestia was told that the lawyers were doing this "confidentially."
How common is the problem
Similar situations are happening all over Russia. So, in January, the court banned the operation of an illegal guest house on the territory of a farming co-op near Arkhangelsk. There, the prosecutor's office also found all the signs of providing hotel services in the wrong place — even to the point that they found a publication on social networks offering to spend New Year's holidays at the cottage with themed decorations, branded tea and gifts for children from Santa Claus.
Such a neighborhood often causes inconvenience to summer residents and locals: for example, in Novorossiysk, in the Rybak SNT in 2025, land owners complained about guest houses and camp sites that appeared in large numbers in the garden association.
Tatiana Ilarionova, Professor of the Department of Public and Municipal Administration at the RANEPA Institute of Public Administration and Management, points out in her scientific article that illegal business is generally one of the main problems of gardening associations. It is noted that after the privatization of land plots in the 2000s and especially after 2015, when permanent registration in the farming co-op became possible, the partnership lands began to be used for other purposes, for commercial purposes: to build warehouses there, raise poultry and livestock on an industrial scale, and even engage in mining cryptocurrencies.
And, of course, many rent cottages for guest houses.
Is it possible to rent a cottage
Lyudmila Buryakova, head of the Public Reception of the Union of Horticulturists of Russia, stressed that business activities for individuals on their own plots in farming co-ops in accordance with Federal Law No. 217 "On gardening by citizens for their own needs ..." are not provided.
"If a gardener has set up a hotel on his property, then this is commercial activity and misuse of land," she explained to Izvestia. — For a hotel, you need to purchase land with the appropriate type of permitted use, the building must have appropriate utilities, etc. According to urban planning standards, an apartment building on the lands of a farming co-op should be provided for only one family.
According to her, such violations are usually detected by the land inspectorate or other authorized municipal bodies. On the territory of a farming co-op, they "catch" not only hotels, but also car washes, nurseries, etc.
A fine is provided for the misuse of land, which is calculated based on the cadastral value of the land: 0.5–1%, but not less than 10 thousand rubles.
However, the owner of the cottage can rent out a plot and a house by analogy with an apartment. Vahe Rybchenko, head of the legal office of the Moscow Horticultural Union, calls this the very loophole that allows such forms of entrepreneurial activity to exist. He also added that we can also talk about short lease terms.
However, he stressed, in this situation, an agreement must also be concluded, all taxes must be paid, etc. And the most important thing here is that the house should not turn into a mini-hotel. As soon as the rental of a garden house begins to be advertised, cleaning services, linen changes, etc. appear, this will be recognized as a commercial activity on the territory of the farm.
Oksana Vasilyeva, a practicing lawyer and associate professor at the Financial University under the Government of the Russian Federation, stressed that from September 1, 2025, in accordance with amendments to No. 217-FZ, an "unambiguous principle" applies in the legal field: land plots with the type of permitted use "gardening" are intended only for personal use, and "commercial exploitation of such plots it directly contradicts their intended purpose."
Where to rent cottages as guest houses
At the same time, an experiment is being conducted in 17 regions and on the federal territory of Sirius to provide guest house services in accordance with Federal Law No. 127 of June 7, 2025. The experiment runs until December 31, 2027, Kuzbass is included in the list of participants.
In order for a country house to be officially called a guest house and to provide temporary accommodation services, it must meet the following requirements: the plot must be in the category of "land of settlements", with permitted individual housing construction, personal housekeeping or gardening. It is important that the farming co-op is located within the boundaries of the locality, and not on agricultural land.
The house must be owned, and information about it must be entered in the Unified State Register of Legal Entities. It must also comply with the classification requirements approved by Decree of the Government of the Russian Federation No. 1345 dated August 30, 2025, that is, with the minimum standards for a hotel without stars — in terms of the number of rooms, equipment, fire safety, etc.
Starting from January 1, 2026, guest houses must be registered in the Unified Register of Classified Accommodation Facilities. The house that was forbidden to rent in Novokuznetsk was missing. Another important detail is that the premises there are uninhabited, which also does not meet the requirements of No. 127—FZ, said Ilya Rusyaev, a lawyer and founder of the Rusyaev Club business community. So far, only two facilities have been included in the register in the Abagura quarries: one of them is a recreation center, and the second is just a house in another farming co—op, Rodnichok. This indicates an opportunity to work legally in Novokuznetsk.
Georgy Mokhov, Vice President of the PCT, General Director of the Persona Grata law agency, added that now there is a discrepancy in the understanding of regional inspection bodies on how to separate the activities of a mini-hotel from a guest house or other legal form - short—term employment, including for holidays. Formally, this is not prohibited by law, but it may violate the rules of the farming co-op and cause inconvenience to neighbors.
"A system of control without the inevitability of punishment"
Oksana Vasilyeva recalled that the experiment on legalizing guest houses is underway only in certain regions, and in most of the country, business in dachas remains illegal.
Georgy Mokhov pointed out that the law on guest houses is still a new tool that should go through the experimental stage. But in any case, the gray market for daily rent remains.
"However, local authorities are actively identifying illegal hotel and other activities, and administrative and criminal proceedings may be initiated based on complaints from neighbors," the expert added. — There are court decisions on the termination of activities and even on the demolition of buildings. Now they have begun to actively include surveillance through the verification of ads on online aggregators, and this is yielding results.
Ilya Rusyaev noted that the neighbors of such noisy guest houses should check the presence of the building in the Unified State Register of Natural Resources, the category of land, the type of permitted use of the site and the presence of the object in the register of the Russian Academy of Sciences. If something does not comply with the experimental law on guest houses, this is a reason to file a complaint with the supervisory authorities.
Oksana Vasilyeva emphasized that in case of rude behavior of guests of a neighboring cottage and violation of silence during forbidden hours, you should contact the police — it is advisable to collect as much evidence as possible. For example, to capture on video the inappropriate behavior of vacationers.
— You can complain to the tax office about your neighbors for doing business without registration and not paying taxes. A complaint should be sent to the territorial administration of Rosreestr due to the fact that the land plot is not being used for its intended purpose," she explained.
At the same time, the lawyer believes, the existing control system does not create the inevitability of punishment.
"If the violator knows that the probability of involvement is low, and the maximum fine does not exceed his weekly earnings, he will continue to violate," she stressed.
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