In 2021, the authorities will engage in a block of amendments to GC, which relate to real rights. This was announced by Pavel Krasheninnikov, head of the State Duma Committee on State Construction and Legislation. The owners of the plots are especially interested in servitude. This limited right allows the use of property located on someone else's land. For example, certain pipes, engineering networks. In the meantime, there is no clear regulation on neighboring relations - which leads to serious disputes, litigation, and sometimes to fights, damage, and other crimes.
Pavel Krasheninnikov, Head of the State Duma Committee on State Construction and Legislation
"We are talking that there are cases when access to those communications is necessary. If this is not done, we know what communal services and specific territories are facing, and sometimes whole settlements. Limited use of someone else's territory is possible. It is only important that the law be determined: when and in what cases. "
Tatyana Grablen, a member of the Commonwealth of Land Lawyers, explained that in Article 42 of the Land Code, situations are presented when a person is obliged to provide access to public utilities for private territory. For example, we are talking about repairing or maintenance of the gas supply system. If a contract with a supplier of utilities was concluded with private home ownership, the owner must provide employees with access to the agreed time (Decree of the Government of the Russian Federation of 06.05.2011 N 354 (Ed. From 29.12.2020)).
But there are cases where such objects of utilities (pipes, etc.) are located on the territory of several sites. And part of the communications of one owner are located on the ground of the neighbor. The parties, alas, for various reasons can not come to consent and repair the obstacles to each other. Comes to trial. There is a conflict for a long time, and sometimes the communalists have no time to wait - an accident occurred and measures should be taken. How to solve such disputes? Over this Regulation, according to Krasheninnikov, and the deputies work.
Grablane, a lawyer, believes that the question can be resolved today - to take an act of establishing a servitude to the appropriate land plots by an authorized body, arrange a civil deal or make a court decision. However, these are complex ways that require a lot of time to implement. A more correct solution is to consolidate cases when it is possible to break the border of the private plot of land - at the legislative level. But it is important to determine clearly - when it is justified. Probably it will be only about cases of extreme necessity.
Deputies of the Lower House of Parliament also assure that they will deal with conflicts between neighbors. In particular, we are talking about owners of related country sites, lands under IZhS, LPH. For example, it is often an owner who builds high structures on its territory, which shade the landing of a neighbor, who broke the garden and lost the crop due to lack of sunlight. Conflicts occur due to smoke, noise, vony. But in the law on their resolution there are no clear instructions, "scenarios" of such situations are not spelled out. When parliamentarians work this topic, people, according to Krasheninnikov, will be able to protect themselves and their property.
Pavel Krasheninnikov, Head of the State Duma Committee on State Construction and Legislation
"Of course, this is a violation of neighboring rights. If the septicch is drained - it is obvious. If you harm so that it is impossible to breathe, then of course you can also go to court, protect your rights "
In addition to these questions, access to the site and neighbor conflicts, in the package of amendments to the GC will include another, no less significant for the owners of the innovation - the house and land under construction will be issued as a single real estate object.