FL 217: new edition from 2019
From January 1, the “dacha constitution” comes into force - FZ 217, the new wording of which takes effect from 2019. This is the informal name of the law on gardening partnerships, designed to solve a number of problems faced by the owners of garden and garden plots. Despite the fact that the bill was amended directly in the review process, and a number of experts critically evaluate possible innovations, according to statistics, about 60 million gardeners will be forced to follow the “constitution”.
Current problems and difficulties
Difficulties in determining the status of summer houses (“samostroevs”) and the inability to legalize such buildings are not all the problems that garden and garden owners constantly face. Often, on the territory of a summer cottage partnership, several public organizations adjoin each other with different forms of government, which does not contradict the current legislation, but prevents their full development.At the same time, the financial activities of their “chiefs” more and more often raise a lot of questions not only among participants of organizations, but also among regulatory bodies.
Citizens who live permanently in houses built on plots and do not have other housing have found themselves in a more difficult situation. They are in fact deprived of the opportunity to register on the occupied living space with all the ensuing consequences (such citizens cannot register for tax accounting, register in a queue for a place in kindergarten, etc.). But after the entry into force of the Federal Law 217, they will be able to easily solve all these problems, due to the imperfection of the current legislation, which no longer corresponds to the current realities of life. And a start has already been made: the so-called “dacha amnesty” has enabled many Russians to legalize their buildings, which they could not register and register for years.
What to prepare summer residents
The Federal Law 217 that comes into force in 2019 cannot fail to please the Russians: the latest news and citizen polls have shown that they positively relate to such changes, despite the fact that some of the document’s norms are clearly “damp” and need to be improved.For example, in order to have a residence permit, it is not enough to simply legalize the unauthorized building on your summer cottage. It is important that the house is located at a specific address, which is a charming condition for registration.
In any case, the possibilities of owners of summer and garden plots will significantly expand. They will receive more authority and will be able to fully exercise their constitutional rights, which many of them were deprived of for a long time due to the imperfection of the current legislation. Despite the fact that the document will come into force only in 2019, already today many organizations that are located in the territories of the same dacha massifs are actively negotiating to merge or reorganize into one organization, as required by the “constitution”. In the future, this will make it possible to avoid disputes related to the maintenance of communications and the exploitation of common property, and the “over-tugging” of members, which only heats the situation and hinders the full development of society.
Actuality of the law
According to experts, despite a number of flaws, the law will allow to solve most of the problems that garden and garden owners have to face.It is extremely promising for the land market of the Russian Federation, as it will give an impetus to its development and formation, closing some gaps in the current legislation.
It is possible that the revision and adjustment of the document will be carried out already in 2019, in connection with which new regulations may be adopted, which will complement the current law. There will also be developed clear instructions and an algorithm of actions for solving the problems of summer residents, which will help to implement all the changes envisaged by the “constitution”.
We offer to download the full text of federal law No. 217 N 217-ФЗ
In general, experts positively assess the Federal Law 217 and believe that it will significantly change the current situation in the dacha communities for the better. In particular, it is assumed that from 2019, the number of citizens who want to register in houses that were arbitrarily built on land and legalized after the “dacha amnesty” will increase significantly. This will increase the demand for such property, and the Russians will be more willing to settle outside the city, where the infrastructure and way of life will be adjusted. In addition, a significant reduction in the cost of water supply to such areas is expected, which was previously unrealistic in view of the need to drill individual wells.The new law abolished such a requirement, and dacha communities will be able to significantly save on the costs of landscaping their sites.