Coastline and collapse of the shore Judicial practice. Registration of the site: how to issue a plot of land on the shore to the property
Water lounge lovers take on the shores of the Perm Bani rivers, luxury yacht poults and modest pier for boats.
Almost all of these structures are built illegally and may well be demolished by a court decision. How to rent a river bank without violating the norms of the Water Code, found out the RG correspondent.
Business on the berth
An enterprising resident of the village of Old Lady on the Syllove River decided to make a little. Taking advantage of the fact that his house is in a very convenient place for the motor boat, he built Pierce, for every step to which 20 rubles charged. In addition, he blocked the fence access to the water, and the owners of the motors became forced to moor only to his berth, because you can only go to the village from there.
Lovers of water recreation, the edge of the ear heard that the passage to the water should be free, began to be resentment. Information about it reached the Kama Basin water control Federal Agency water resources. His employees tried to explain the river businessman that he grossly violates the law. However, the business man just laughed. I had to write out the order with the requirement - demolish the fence and ensure access to the water of everyone. Only learning that after this may follow the penalties, as well as the court decision on the forced demolition of the fence, the village businessman fulfilled the demand of officials.
On the Rivers Chusovoy and Sylve, there were cases when, with the help of floating dresses, river latifundists take the bottom soil and pour the shores, increasing the area for building, without any permits and environmental expertise. On artificial bulk shores, beautiful two-, three-story houses with a complete complex of amenities appear. Sewerage flows right into the river, naturally, without any treatment plants. But from Chusova there is a fence of water for residents of Perm.
Legal mooring
Naturally, everyone wants to be unnecessary people under windows that go to the water surface, did not interfere with rest. And if you allow the means, you can build a luxurious pier for your boat, boat or water bike. Some even erect capital piers for mooring expensive yachts.
According to Kama water basin management in the Perm region more than five hundred illegal buildings. The pier and baths on the piles, which appeared without any foundations can be demolished, and their owners are to be responsible. Such trouble can be avoided if you carefully read the laws and arrange aquatic water and the bank for rent.
Personal reservoir
In addition to rivers, in the Perm Territory there are about one and a half thousand ponds. They can also relax well. Many of these reservoirs are burned, and people come here to polit a carp or a sterlet. But the use of ponds should also be used in accordance with the law. Some entrepreneurs, bought up the land and overloading the dam flowing through the portion of the river, believe that artificially created pond belongs to them. However, it is not. All flowing reservoirs are in federal property. And any river, regardless of whether it is brazed or not, also belongs to the state.
The pond can also be obtained in its use. For this purpose, the owner of the land plot can do the pit itself and fill it with water (such reservoirs are called "Copan"), can also be used under the pond available on the site of the quarry or other recess in the soil. In this case, it is possible with a clean conscience to execute water in personal property by registering in government agencies.
Comment
Anton Nalimov, Head of Water Resources Department of Kama Basin Water Management:
In our region hundreds of ponds and lakes, about thirty thousand rivers and rivers with a total length of more ninety thousand kilometers. But it is necessary that all reservoirs are used in accordance with the law.
Our management is always open for citizens who want to behave in the rivers. If we find a self-catture of the water area, always try to avoid any rigid measures. The state is towards citizens. For example, the auction for the selection of part of the water area is carried out by us by an average of 50 thousand rubles. And people pay for renting water to the Bulk penny. This year we have already issued 36 licenses for the use of the water area and concluded 15 contracts with river leisure lovers.
On a note
Rights of citizens on water bodies
Earth strip along coastline water object Designed for common use. Width coastal strip It is twenty meters, with the exception of the coastline of the channels, rivers and streams, the length of which from the source to the mouth is not more than ten kilometers. The width of the coastline of the canals, rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is five meters.
The water use agreement is not needed or a decision on the provision of a water facility to use if it is used to swim in small vessels, fisheries, fish farming, hunting, watering, gardening, gardening, personal subsidiary farm, as well as a drainage, workers on the care of agricultural animals, Bathing.
For violations of the rules of water use, a fine is imposed. On citizens - from 500 to 1000 rubles, on individual entrepreneurs - from 1500 to 2000 rubles, on Jurlitz from 10,000 to 20,000 rubles.
From the water code of the Russian Federation
How to arrange documents for rent
1. First, it is necessary to draw up a project of the planned building, and it does not matter what it is planned to build a simple bridge for rinse and swimming, a multi-purpose pier for mooring of high-speed boats or a two-story bath with a swim. Documents can prepare any project organization. They must necessarily indicate the dimensions of the estimated design - width, height, as well as the purpose of the construction.
2. With finished papers, you need to contact Kamsk water basin control. Here the documents will be considered and will give out the so-called "decision to build" for free. As a rule, there is no failure. True, having received such a decision, the area owner does not yet receive the rights to use water or river water management. To legally splashing at your pier or mooring the boat, it is necessary to take part of the water area in the same basin management.
3. The selected area is set to the auction, which is carried out by officials. But you have the chance to win almost one hundred percent. While there are only 15 contracts for the use of water stroke, and there is no competitive fights in the struggle for the coastline. As a rule, the applicant alone waits for the end of the auction, and the lease agreement with it is the use of the water management.
4. True, the rental of the water surface will have to pay money. According to the current rates, the use of one square kilometer of river gladies must be postponed 34 thousand rubles per year. It is not worth afraid of this amount, because one family is usually enough 400-500 square meters (four to five acres of water area). At the same time, the annual fee, for example, for five hundred "squares" will be 17 rubles 40 kopecks. And the design of documents is made again for free. The contract is for the period no more than twenty years.
5. You can lease and part of the coastal strip. The current legislation provides for the free access of citizens to the water bodies and prohibits the seizure of the twenty-meter band from the edge of the reservoirs. But it is quite acceptable to take this part of the sushi for the construction of boat garages, continuing berths. The condition is only one thing - these buildings should not be capital.
, design to the property of the country area, privatization of the country area, the design of the land in the property, the privatization of the Earth, land in the property, general land, the design of the country area
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Answers of Lawyers (8)
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Lawyer, Voronezh
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Hello. Water Code reads the following
Article 6. Water Objects of General
1. Surface water facilities that are in state or municipal property are water bodies, that is, publicly available water bodies, unless otherwise provided by this Code.
2. Every citizen has the right to access water utilities and free to use them for personal and domestic needs, unless otherwise provided by this Code, other federal laws.
6. The lane of the Earth along the coastline of the Water Object (coastline) is intended for general use. Width of the coastal strip water objects General use is twenty meters, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is nothing more than ten kilometers. The width of the coastline of the canals, as well as rivers and streams, the length of which from the source to the mouth is no more than ten kilometers, is five meters.
1. Water objects are owned Russian Federation (federal property), except in cases established by part 2 of this article.
2. The pond, the waterproof quarry, located within the borders of the land plot belonging to the right of the subject of the Russian Federation, Municipal Education, the Physics, Legal Party, are respectively owned by the subject of the Russian Federation, the municipality, individual, legal entity, unless otherwise established by federal laws.
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Lawyer, Voronezh
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Thus, the actions of the neighbors are illegal. Check the rights of neighbors to land plots is easy. It is necessary to request an extract from EGRPN in Rosreestre and the cadastral plan of the territory. These are open data regarding a specific address, after payment, state duty is provided to anyone when granting a passport.
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Lawyer, Voronezh
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You have every reason to appeal to the prosecutor's office.
According to Art. 45 Code of Civil Procedure The Prosecutor has the right to apply to the court with a statement in defense of the rights and freedoms of an indefinite circle of persons and raise the issue of dismantling the fence in the coastal strip of the Water Object. Judicial practice for such matters is.
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Lawyer, Orenburg
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Hello, Vyacheslav!
According to Art. 6 of the 6th Code of the Russian Federation, every citizen is entitled to freely be on the coastal strip of the Water Body of General Use, it includes, in fact, all water bodies of natural origin, as well as use it for personal and domestic needs, including for amateur fishing. For most water bodies, the coastline is determined by 20m width, for a river with a length of less than 10 km, its width is 5m. No one has the right to brave the bearer strip, prevent the passage and finding on it. It should be noted that since 2006 it is forbidden to draw up coastal strips to property (Art. 27, Part 8 of the Land Code of the Russian Federation).
Thus, one option, in which to get closer to 5 meters possible, exists. Therefore, it is best to initially make requests to the Rosreestr, the Environmental Prosecutor's Office, the district prosecutor's office and land use management of the municipality. If this does not help, then feel free to contact the court for the demolition of the unauthorized structure.
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Clarification of the client
Sorry, of course, but if I do "requests to the Rosreestr, the environmental prosecutor's office, the district prosecutor's office and land use management of the municipality" I and I will not have enough vacation for all this. If I understood correctly, the plan should be like this:
1) Find out the width of the coastline at my river Luthorka (where are just going to know? By the way, it is reported that its length is 20 km).
2) Find out whether the right of the neighbors is issued, order / renting, property (where to go to learn? By the way, these owners are not marked on the Rosreestra website)
3) If it is possible, then I also make the land yourself (where to go for help?)
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Lawyer, Moscow
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Good day!
"Light neighbors" or not you can easily check in online mode, using the service http://maps.rosreestr.ru/portalonline/. In a public cadastral map, find the plots you are interested in. If the neighbors issued the right to properly, the sections should consist of cadastral records, respectively, on the map you will see a real configuration and sizes.
The acquisition of land plots is carried out in accordance with Art. 28 ZK RF. Authorities to provide land plots from state or municipal ownership of state authorities or local self-government within their competence.
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Lawyer, Moscow
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P.S. In this case, it is doubtful that the Earth is properly derived. Most likely, the so-called "grab" of the adjacent land plot occurs.
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Lawyer, Moscow
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Dear Vyacheslav!
According to paragraph 8 of Art. 27 of the Land Code of the Russian Federation of October 25, 2001 N 136-FZ (ed. From 04/05/2013):
It is prohibited to privatize land plots within the coastal strip established in accordance with the VC of the Russian Federation, as well as land plots on which there are ponds, flooded careers, within the borders of common areas.
At the same time, in accordance with clause 6. Art. 6 Water Code of the Russian Federation of 03.06.2006 N 74-FZ
(Ed. from 07.05.2013):
The lane of the Earth along the coastline of the Water Object (coastline) is intended for general use. The width of the coastline of the general use of public objects is twenty meters, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is nothing more than ten kilometers. The width of the coastline of the canals, as well as rivers and streams, the length of which from the source to the mouth is no more than ten kilometers, is five meters.
Only if land plot It is not located within the borders of general lands, and does not cross the red lines - lines, which denote the existing boundaries of the territories of general use, the grounds for refusing to privatize the land plot in this part are absent. Information on the territories of general use of the municipality can be obtained in the relevant authority of local governments, carrying out powers to plan the territory of the municipality.
By virtue of Art. 65 VK of the Russian Federation water zones are territories that are adjacent to the coastline of the seas, rivers, streams, canals, lakes, reservoirs and which establishes a special regime of economic and other activities in order to prevent pollution, clogging, the prevention of these water bodies and the depletion of their water , as well as preservation of the habitat of water biological resources and other objects of animal and plant world. In borders water protection zones Installed coastal protective strips, in the territories of which additional restrictions of economic and other activities are introduced.
Consequently, from the provisions of the VC of the Russian Federation, the RF RF, and paragraph 2 of Art. 261 of the Civil Code of the Russian Federation it follows that the right of private ownership may occur only on the pond or a waterproof quarry and that only subject to the presence of a land plot or acquiring a land plot, in the boundaries of which is a pond or a waterproof quarry, while a large number of Examples from judicial practice indicates that the channel ponds cannot be counted for ponds, since they are part of other water bodies in federal property. Accordingly, the coastline of rivers, unambiguously cannot be private property.
The plenum of the Russian Federation in paragraph 4 of the decisions of 24.03.2005 N 11 "On some issues related to the application of land legislation" gave the interpretation of Art. 36 RF RC as an establishment of the obligation to conclude with the owner of real estate objects located in this area, noting, in particular, which is a legitimate basis for refusing to sell the land plot, the fact that the land plot is limited in circulation. Such a position is confirmed by judicial practice.
Probably your neighbors are the owners of these land plot, due to the direct prohibition. The norms of the law are given above. You can use the board of Bogomolov Ivan - check in online regime regions, and you can also contact the relevant authorities (land committee) for clarification.
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Collapse Earth (where to go for help?)
If possible, although I doubt, it is necessary to celebrate the site first, and then put pressure on. It is long and expensive, but without it in any way.
As for the number of requests, if it is competent for everything to take, then you can send all requests and wait. If you need help contact.
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Art. 6 of the Water Code of the Russian Federation has established a compulsory rule for ensuring free access of all individuals to the water facilities. Within the framework of this requirement of the Russian Federation of the Russian Federation, the coastline of the Water Objects is established, which for most water bodies and watercourses will be 20 meters.
Article 27 of the Land Code to the development of these provisions of the Republic of Criminal Projects establishes a ban on the privatization of land within the borders of the coastline.
Capture coastal strip
At the same time, many of our citizens who want to get a secluded place on the shore of some lake with their own beach, often neglect the requirements of the legislation and protect the land to the water itself. In this regard, the requirement of water and land legislation to provide access to the coastal strip is not respected.
Of course, such a fence will be illegal and in theory, with any verification, procurators or environmental authorities such fences will be removed.
Coast of the Finnish Gulf
However, often citizens independently have to deal with the self-creation of the coastal coastline and the appeal to the court of a person or group of persons may be more efficient than working with supervisory or law enforcement agencies.
If you decide to fight with bombats, first, we advise you to do it only in the legal framework, so that later it is not to be the right side of the law, and secondly, before acting should be understood in detail in the situation.
First you need to find out whether there are any self-breakdowns at the coastline of general use.
Ownership
And such rights may arise, firstly, if the land plot with the boundaries close to the rugged water was provided during the USSR, and in the future privatized in the early 90s under general confusion in the legislation. We will analyze in detail how it could happen.
In the USSR, the whole land was in state ownership, therefore, to allocate in water bodies, the coastal bands for general use was not necessary. Accordingly, land plots could be provided on the use right before the water cycle river after 1991, when the land began to be introduced into a civil turnover and privatization began, the concept of coastal general use (shoreline) was introduced only by the 1995 Water Code. Accordingly, at the time from 1991 to 1995, it was possible to privatize land plots allocated to the Soviet times, approaching the water.
Such sites remained inheritance in Russian reality until now. Therefore, now there are still land axes on the right of ownership to citizens within the coastal strip, although according to the current legislation, the privatization of such sites and would be prohibited.
However, the ownership of the land plot in the coastal strip does not mean the right to fencing it. In this case, the coastal strip of general use is the burden for the owner of the land plot and obliges it to provide a passage along its territory to every wishes.
Providing coastline on the right lease
Secondly, the person of the fear of the coastal general use can be issued the right to rent. Legislation does not contain imperative prohibitions for renting the coastline. However, it is possible to use its use on the right of lease only subject to the compliance with the free passage along the coastal strip of common use.
So in this case, the fencing of the land plot until the water river will be illegal.
Free access coast lane is missing, what to do?
To understand who and in what right is the coastline of general use to begin with, you can go to the public cadastral card and find a fenced place. Next, you need to look at the close section to the water or not. If the site comes close to water, then you can order an extract from the USRP in Russia (through MFC), which will indicate the right holder of the land plot, as well as information on his rights to this land.
The coast of the Finnish Gulf
Now you will have information who captured the coastal general use lane and what rights he has on it. This information will be a good help when contacting the supervisory authorities and then to court.
However, it may be that the land plot is not suitable on a public cadastral map that the land is not suitable, but the sectors are formed near the coastal strip. Their owners are most likely, and will be persons who have fulfilled self-creation. Moreover, such a self-creation, in contrast to the first two cases, is generally not due to land rights.
