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State Duma deputies have drafted a bill that should simplify the construction of tourist facilities at wineries. Until now, it has been difficult to build a hotel or a tasting room, because first it was necessary to change the target category of land from agricultural to another suitable one. Experts called the bill "a good first approach to the projectile," but pointed out that it still needs improvements. Details can be found in the Izvestia article.

Is it possible to build a hotel at a winery in Russia

A bill designed to facilitate the construction of tasting centers and hotels on agricultural land was submitted to the State Duma on September 3 by a group of deputies led by Deputy Chairman of the lower house of parliament Alexei Gordeev. The document makes it easier to change the purpose of lands included in the federal register of grape-growing areas.

поля винограда
Photo: IZVESTIA/Dmitry Korotaev

This is one of the pressing problems of winemakers: they need tasting rooms, hotels and other facilities for tourists directly in the place where the wine is produced. But the vineyards are located on agricultural land, and in order to build hotels or tasting rooms on them, you need to transfer the plots to another category. It's difficult and time-consuming.

The explanatory note proposes to legislate the possibility of integrated development of grape-growing lands: not only to grow grapes and prepare wine, but also to develop rural tourism. To do this, it is necessary to amend the laws "On the development of agriculture", "On peasant (farmer) farming", "On the transfer of land or land plots from one category to another", and the Land and Urban Planning Codes.

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Photo: IZVESTIA/Konstantin Kokoshkin

Also, the Ministry of Agriculture of Russia should have the authority to coordinate such a transfer — documentation on the planning of the territory will first need to be sent to the federal ministry so that it determines the compliance of the transfer with the "goals of agricultural development."

It is claimed that the adoption of the bill will allow wine-making and other producers of rural goods to "develop non-agricultural activities, in particular a tourist destination," without damaging the territory and maintaining a balance between the interests of business and the protection of land resources.

"The first approach to the projectile"

According to the explanatory note, there are now more than 300 wineries in Russia, which are concentrated in the southern regions: the Krasnodar Territory and Crimea account for more than 80% of the facilities. But only in 25 wineries (15% of the total), production has become part of the cultural route.

In Italy and France, 23% of wineries offer such services, in Austria — 34%.

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Photo: IZVESTIA/Dmitry Korotaev

Deputy Chairman of the State Duma Victoria Abramchenko adds: about 45 enterprises have tourist infrastructure facilities, and most of them are non-capital buildings that are being built with grants.

At the same time, the explanatory note notes, the tourist flow to the regions is only increasing: in Crimea in 2024 it increased by 30-40% compared to 2023, in the Krasnodar Territory — by 7-8% overall, but in the wine-growing regions of Anapa, Gelendzhik and Abrau-Durso, the growth reached 20-25%.

The explanatory note says that, despite the interest of tourists in viticultural and wine-growing farms, further expansion of this area is hindered by legislative restrictions.

Victoria Abramchenko notes that the bill has two goals. First, legalize rural tourism facilities that have already been established on agricultural land. But there are also difficulties.

"If the document is adopted in this form, the owners will have to bring these buildings into line with government requirements within a year, form land plots, prepare a draft territory layout and transfer them to a suitable category — recreational or industrial land, as indicated in the bill," she told Izvestia.

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Photo: IZVESTIA/Dmitry Korotaev

It will be necessary not only to follow the requirements, but also to send the documents for approval to the Ministry of Agriculture of Russia. She points out that so far there are no cases where the rights to these objects have already been formalized under the current law, and there are also no clear criteria for verifying compliance with the "goals of agricultural development."

— This formulation is corrupt. What should I do if the object does not meet the criteria? Demolish it? I believe that this block in the bill needs to be significantly improved," Victoria Abramchenko said.

The second goal is to allow the construction of rural (or wine) tourism facilities, but only after the transfer of land from agricultural use to recreational or industrial lands.

— Construction will be allowed only on those lands that were not originally agricultural land. And that's right. Land is subject to special protection, as it is the main means of production in rural areas. This protects them from being eliminated," said the State Duma deputy.

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Photo: IZVESTIA/Pavel Volkov

She supports the possibility of building on sites included in the federal register of grape-growing lands, that is, where grapes are not yet growing.

"The owner will decide for himself what is more profitable — to expand the vineyards or to build the facilities necessary for the winery," Victoria Abramchenko said. — But you can't just build something like that. It is necessary to collect a lot of documents, coordinate them with the Ministry of Agriculture and only then transfer the land from one category to another.

According to her, this bill is suitable "for the first approach to the projectile," but it definitely needs to be discussed with wine regions and businesses.

Marina Nenarokova, lawyer and CEO of Natural Code LLC, also notes the bill as promising — the authors have approached the problem comprehensively. But for now, the document needs to be finalized.

Why the bill may not work

According to industry experts, the document will not work in its current form.

"The initiative does not solve the main problem of rural tourism development — the placement of hotels and restaurants within the boundaries of facilities that involve wine tastings and other rural products, the creation of halls and the organization of appropriate commercial activities in them," said Christopher Konstantinidi, director of the International Analytical Center for Sustainable Tourism Development at RUDN University, First Vice President of the National Union of the Hospitality Industry.

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Photo: IZVESTIA/Dmitry Korotaev

According to him, the draft law does not have a clear concept of what rural tourism facilities are, but at the same time it prescribes the possibility of transferring lands to the categories of industry, energy, etc., which may lead to their use to solve problems that are not related to tourism.

Marina Nenarokova points out that there is a risk of unscrupulous landowners who, by creating small vineyards, will set aside the main territory for "heavy" infrastructure. This means that you need to carefully determine what percentage of the land can be allocated for these purposes.

— There is also a risk that the objects of rural tourism will include ordinary recreation facilities, catering or sanitary infrastructure, — continues the interlocutor of Izvestia. — The term "rural tourism facilities" is constantly mentioned in the draft law, but there is no specific list. I assume that there should be a document that will establish this list. This has already been done for objects on the lands of the forest fund and recreational purposes," the expert explains.

The difficulty is that restaurants and hotels in wineries are also catering facilities, Marina Nenarokova notes. The word "rural" will only add to the confusion: it is unclear what should be attributed to rural tourism facilities and what to ordinary recreational ones, with an acceptable category and type of permitted use.

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Photo: IZVESTIA/Eduard Kornienko

The expert emphasizes that it is necessary to link rural tourism facilities with existing lists so that it is clear how a hotel on a vineyard differs from a hotel on another land. There will also be a question of communications: whether they should be aboveground or not, and so on.

The expert considers the introduction of amendments to 172-FZ "On Land Transfer" to be a sore point, which involve accelerated approval deadlines.

— Amendments to the Master Plans should be coordinated with the Ministry of Agriculture and with a number of other departments at the federal level, and not only at the regional level, — said Marina Nenarokova. — Today, this procedure can take several years. In order for the law to work, it is necessary to create a system of by-laws that can maintain a balance of interests, as well as pay additional attention to the work of 172-FZ itself.

Otherwise, it will be another procedure that is good in meaning, but merciless in duration, which will negatively affect the timing of project implementation, the lawyer is sure.

Izvestia sent a request to the Ministry of Agriculture, as well as to the largest enterprises on the market.

Переведено сервисом «Яндекс Переводчик»

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