Water protection zone Caution in such a delicate matter, as water is never superfluous. Today is the sale of houses and land for development, that seems to be problems with the purchase should not occur. But this is the main problem: the main thing for realtor - to sell the land, and he rarely included in your position and explain the legal technicalities, where you can start building a house, where there is no. In reality, things are as follows. On the Water Code, the territory adjacent to the lake, has the status of water protection zone. There is a special regime for the implementation of economic and other activities in this area. This is done to prevent water pollution, as well as `habitat conservation of aquatic biological resources', that is, animals and plants. Thus, the stream water protection zone of 50 m, the river - 100, by the sea - 500. But at the same time within the boundaries of protection zones is allowed by law 'design, location, construction, renovation, commissioning and operation of economic and other facilities, provided equipment such objects structures that ensure the protection of water bodies from pollution'. It is unlikely that you will certainly be made a real cattle cemetery and the cemetery on his land, as well as carry out `of aviation-chemical work ', but just in case you know that burying his beloved hamster on the picturesque banks of the reservoir you is strictly prohibited. Also prohibited the movement and parking of vehicles. Cut trees in these areas can only be in accordance with forest legislation. Under the law, in state and municipal water bodies are the objects of common use, and every citizen is entitled to use them for free for personal and household needs, as well as the use of the coastal territory for the movement and just stay. But it is also possible, and design of such water bodies as ponds and a career in private ownership (past the June amendments to the Water Code have greatly expanded the list of reservoirs that can be passed into private ownership). Depending on the characteristics of the reservoir it may be prohibited from swimming and water bikes and other equipment intended for rest, watering livestock (eg horses), as well as establish other prohibitions. For violation of the Water Code provides for administrative and criminal liability, and the perpetrators must be not only to eliminate the violations, but also to pay a penalty - to compensate for the damage. Last year, O. Mitvol, head of the Federal Service for Supervision of Nature, published the list of the 140 writs of execution on the demolition of houses, illegally constructed in conservation areas. He suggested residents Solnechnogorsk district to demolish the house at their own expense, or threatened to leave them without a Moscow apartment. Started it all, from April 2003, when he was discharged the writ of execution on the demolition of 13 houses in the village of Catherine's Woods, whose owners do not have a mandatory environmental impact statements. The first attempt to demolish the houses taken by bailiffs in February 2005, failed - local residents blocked the way for bulldozers. However, in July 2005, 30 representatives of the bailiffs, accompanied by several hundred riot police officers infiltrated the settlement Friday in the water protection zone of the Istra reservoir and started the demolition of buildings. Mitvol also said that almost all districts of Moscow region are problematic, and the demolition of illegal buildings will continue. Head of Press Service Chief Directorate of the Federal Service of Court Bailiffs Anatoly Gara said that the money spent on demolition of houses in Solnechnogorsk district, will be recoverable from the owners of houses at three times the amount. And, according to him, nor any compensation for the owners of houses of speech does not go. And the only good news is that, again according to Mitvol, officials, permits to build in protection zones and forest fund, and `will be responsible` - `already brought a large number of similar cases, but courts may consider them a few years'. Additional difficulties In addition to the protection zones should also be noted that many of the reservoirs located in the Moscow, Tver and Smolensk regions, the capital of drinking water supply. According to the Water Code, the protection of water bodies is through the division into zones and districts of sanitary protection. These zones, in turn, are divided into three zones. Thus, the first zone represents the presence of a surface source and the most tightly guarded. In this zone is prohibited any construction, if it has no relation to the waterworks. For example, the construction of a cottage in the first zone is illegal, even if the developer at the hands of a package of documents confirming the agreement of all jurisdictions. In the other two areas may be feasible, but subject to a number of requirements. When buying a house near the water in a sanitary protection zone should be clarified to what it refers belt land, to clarify directly with the appropriate management Rosprirodnadzor. But even if your house is not a drinking water source and to the water's edge is much greater than 100 m, there are still many complex issues for the violation of which can also be affected. Among the more common mistakes owners include the construction of the capital buildings in areas of the forest, located on the coast. Earth's forests are state owned, the appointment of greenery - to protect the coastal zone. And in this case, the situation meters from the lake no longer play the role. Current legislation allows for the provision of such sites in rent for `recreational, tourist and sporting purposes', but the capital construction is strictly prohibited. If all the issues with the law you have decided positively, you have to give some general recommendations that will help you avoid future problems with the house with the `natural 'point of view. Choose area In selecting the site in the first place a buyer draws attention to the scenic area, and this aspect should be the primary, but not every place that pleases the eye, adapted for the construction of houses. First, you need to look under the ground, that is, to order surveying areas. So, if it turns out that the layer in the earth near the surface are ground water, then from the construction would have to give. Of course, of paramount importance and the very composition of the soil, and if the soil is 'heaving', it will also be a negative factor for the building on this site. Do not limit the study only that part that you intend to purchase, you must make shooting and nearby areas on the territory of which may be the location of the so-called `` Baird and turbulent flows of ground - from the time they can intrude on your territory. In this case it is better to refrain from acquiring the vending area. But even if the site was ideal for building a house, do not worry about the lost time, surveying was not in vain, now professionals, knowing the characteristics of the soil, can advise you on where to locate the house where the additional buildings, where, finally, to dig well or reservoir. Features of construction Of course, if you are going to build a mansion, not a multi-storey palace, the architectural constraints are largely absent. You can easily implement their plans and did not worry. But from the basement, cellars and basements, most likely have to give up, because what would be the ideal may seem to land in a geodesic plan, anyway coastal soil can not be called reliable. Therefore, the foundation (and so the most important part of the house) should be particularly strong. Typically, when building a house near the water use slab foundation that is placed under the perimeter of the building monolithic concrete slab. It would be even better if the plate will rest on the thick layer peskograviynoy mixture. To protect the foundation from possible flooding house girded with a concrete or asphalt otmostkoy serving on more than 20 centimeters from the removal of the cornice. Ultimately, the stronger the foundation, the more confidence that the house will stand for centuries. But, according to experts, the cost of the foundation should not exceed 20% of the total value of the house, or building may be considered inappropriate. Insidious waters When building a house in addition to features of the land area should take into account features of the reservoir. Need to know if there was any in the area floods. Remember that even the smallest river in the spring may be the abundance of snow and because of other factors spill at 100 meters, if not more. Perhaps even the most picturesque place is not worth so many emotions and problems. Another thing, if the house was directly on the water, such as in France, in the heart of Paris - the house-barge or ultra-modern loft in the premises of the dock, so you'll either live with a boat tied to the window sill, or look for a site near a reservoir. But there is another significant negative near the reservoir. It is unlikely that you would not on its own beach, and then at the water's edge fence - what's the point if buying or building a house? But the coastal part of your site is not only the most beautiful but also most vulnerable to outsiders. There are many cases where the enemies fall into the house just by the water. Well, here you can suggest one - install infrared motion sensors around the perimeter of the site, including the portion that is bordered by water. OPINION SPECIALISTS Alexander Orlov, a senior lawyer If the contractor knowingly or unknowingly, refers to legislation on the use of land for such purposes, the problems with the environmental authorities in the future to avoid unlikely. Since it is in this case violates the rules of forest legislation. Even if some inexplicable way he was able to issue basic documents, he no longer has the legal possibility to transfer their rights to land buyers cottages. Used today scheme involves the sale to buyers of shares (shares) in a legal entity which has received rent the entire territory of the village, does not guarantee consumers the right to part of it. That is to issue title to his land the owner of the cottage was no longer able to. The second option - when full Cottage at registration trying to pass a shield house, that is, non-capital structure - as any deception, sooner or later will reveal. Unfortunately, in practice such proposals from investors enough. Anatoly Balashov, director of suburban real estate company Kirsanova Realty I would recommend to all who have gathered to buy a house by the lake, to enlist the support of an experienced lawyer. In most cases, developers, when it comes to organized townships, provide virtually all of the documentation on the project, particularly relating to land allocation and construction permit. It is important to understand that the process of approvals in the Moscow region extended in time, only an experienced specialist can understand the maze of regulations and permits. In addition to legal and other problems of a house at the reservoir is not as technically everything is possible. Realtors are not so easy to track the stages of approvals, because it is still an employee of the market, and its job is, I think, to orient the client in the most liquid options. Therefore, a good realtor will never recommend a client property of dubious quality, for legal clarity and purchase one of the most important components of the liquidity facility. I think that for a man who decided to buy property on the shore of the reservoir, is perfectly suited `Riviera`. This is a village of ten houses on the peninsula of Istra reservoir. In this project under exclusive representation, we have gone from `clearing` to the housewarming residents. 'Riviera' - the only village on the reservoir, where the populated part of the houses, operates a yacht club, rebuilt infrastructure. With regard to legal purity, the project passed all the checks, ranging from the Ministry of Environment and ending the prosecution. In selling there is just one house. Irina Mogilatova, CEO TWEED If we talk about the possibility of purchasing a house or land on the river or reservoir, then such purchase carries huge risks. Normal documents on such sites can not be. This is due to the fact that these sites were located recreation, privatized in the turbulent 1990's. They were bought by developers in the ownership of dilapidated buildings, previously observed in different lands of the above bases. The buildings were demolished and replaced by luxurious villas, which developers have promised to draw buyers in the property. Here and hidden trick. The land in these villages are usually rented and into the water protection zone with all its consequences, namely: on such land is forbidden construction, so all the buildings held without proper permits. But this does not apply to settlements in the reservoirs and rivers having the status IZHS. In these villages have permission for the installation of communications, but with significant limitations, such as the dumping of sewage only to central sewers, which, in turn, may be a few tens of kilometers from the village. But back to the so-called former bases rest. Purchased at such sites is extremely difficult to formalize property ownership is virtually impossible. I would recommend to consider purchasing a home, which typically costs more than $ 400 thousand, as fun and pre-adjusted to the fact that this amount could be lost. Dolev rent, and other forms not yet invented, too, something is very conditional. If you do decide to buy the land on the water, you should be aware that under current law, this land tenure will not be able to go to your children, grandchildren and even more so, because such a purchase - this is kind of expensive toy, which sooner or later have to leave.
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