A ban on the use of unauthorized constructions: will it apply to churches?

Legal service of the Moscow Patriarchate made a comment in connection with the adoption of the law “On amendments to the Civil code of the Russian Federation (in terms of clarifying provisions on the unauthorized buildings)”, reports patriarhiei.

The problem of the legal status of unauthorized buildings is significant for religious organizations. It is no secret that the imperfection of planning legislation, as well as numerous bureaucratic hurdles in the allocation of land for the construction of churches often forced parishes and monasteries to build necessary buildings and structures with certain violations of the formal procedures, the results of the construction automatically pass into the category of unauthorized constructions.

Currently, the Federal law from 03.08.2018, No. 339-FZ”On amendments to the Civil code of the Russian Federation (in terms of clarifying provisions on the unauthorized buildings)”, submitted to the state Duma of the Federal Assembly of the Russian Federation the government of the Russian Federation and introducing a ban on the use of unauthorized constructions.

In practice, such a story could lead to prohibitions to carry out worship in was built “without regard to the established requirements” the temple, to live in “illegally built” privately, use the “unauthorized” boiler or other structures of auxiliary use to support the activities of parish and monastic complexes.

Essentially, the introduction of this prohibition could entail negative consequences for religious organizations in the sphere of their religious activities and for believers, that is totally unacceptable.

In this regard, on the initiative of the Russian Orthodox Church, temples and other unauthorized construction of religious significance are derived from the prohibition of the use.

Under the new law, religious organizations are entitled to use the data unauthorized construction in case of compliance of such buildings the requirements established by the Government of the Russian Federation. If such unauthorized construction does not meet the requirements, their use by religious organizations is permitted until 2030.

It is important to note that the amendment also covers the unauthorized buildings that do not have a religious purpose, but is intended for maintenance of the property for religious purposes and (or) forming with him the cult complex.

In the near future will be the preparation of a draft decree of the government of the Russian Federation, establishing requirements for area and other parameters of unauthorized constructions that can be used by religious organizations regardless of their legalization.

The remaining unauthorized construction, which will not satisfy the established Government of the Russian Federation requirements, it is necessary to legalize in the period up to 2030 By the end of this period religious organizations will lose the right to use these buildings and will be required to carry them.

Therefore, dioceses should set themselves to work for the legalization of unauthorized constructions, including in a judicial order.

Also, the new law gives religious organizations an additional opportunity for the legalization of unauthorized constructions. Its adoption became possible the recognition of the right of ownership of religious organizations unauthorized construction if it is located on land that is not only of ownership or permanent (indefinite) use, but also in the gratuitous use of a religious organization.

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