Who Can And Should Conduct Land Inspections

2024 Author: Sebastian Paterson | [email protected]. Last modified: 2023-12-16 13:47

Caution! Land control

If you have a land plot in use, sooner or later you will have to face an unpleasant land control procedure. What is it, and why exactly your site came under the scrutiny of state land inspectors?

First of all, it is worth understanding what exactly this or that controlling body will check, what offenses during the check can be detected.

So, from state structures, land control can be carried out by federal and municipal executive authorities.

At the federal level, the authority to conduct land control is vested in three departments: Rosreestr, Rospotrebnadzor, Rosselkhoznadzor. The area of responsibility of each of these departments is delimited in detail by the Decree of the Government of the Russian Federation of November 15, 2006 N 689 "On state land control".

First, you need to determine the purpose of the audit. First of all, it is the exercise of control over the observance by organizations, as well as citizens, of land legislation, requirements for the protection and use of land.

What powers does each of these departments have? State inspectors of Rossreestr (Federal Service for State Registration, Cadastre and Cartography and its territorial bodies) check:

a) the presence of unauthorized occupation of land plots, unauthorized exchange of land plots and the use of land plots without documents of title drawn up in the prescribed manner for them, as well as without documents permitting the implementation of economic activities;

b) the procedure for the assignment of the right to use land;

c) use of land for its intended purpose, based on the category and type of permitted use of the land plot;

d) fulfillment of the requirements for the presence and safety of boundary marks of the boundaries of land plots;

e) the procedure for providing information on the state of land;

f) execution of previously issued instructions on elimination of violations in the field of land relations.

State inspectors of Rosreestr have the right to visit organizations and facilities upon presentation of an official certificate, inspect land plots owned, owned, used and leased, and issue binding instructions on compliance with land legislation.

If an inspection by Rosprirodnadzor (the Federal Service for Supervision of Natural Resource Use and its territorial bodies) is on the way, it should be borne in mind that, depending on the scope of the organization, you will be checked for:

a) carrying out land reclamation after the completion of the development of mineral deposits, construction, land reclamation, logging, prospecting and other works, including work carried out for on-farm or own needs;

b) taking measures to improve land and protect soil from wind, water erosion and prevent other processes that worsen the quality of land;

c) preventing the use of forest fund plots for grubbing, processing forest resources, arranging warehouses, erecting buildings (construction), plowing and other purposes without special permits for the use of these plots;

d) compliance with the regime for the use of land and forests in water protection zones and coastal strips of water bodies.

Land control by the Rosselkhoznadzor (the Federal Service for Veterinary and Phytosanitary Supervision and its territorial bodies) is carried out exclusively on agricultural land and agricultural land plots as part of settlement lands. In this case, the following is checked:

a) implementation of measures for the preservation and reproduction of the fertility of agricultural lands, including reclaimed lands;

b) fulfillment of requirements for the prevention of unauthorized removal, movement and destruction of the fertile soil layer, as well as damage to land as a result of violation of the rules for handling pesticides, agrochemicals or other substances and production and consumption waste hazardous to human health and the environment;

c) fulfillment of other requirements of land legislation on the use and protection of land within the established scope of activity.

Thus, in spite of the fact that all these three departments are authorized to exercise land control, one should not lose sight of the fact that each of them has rather specific and clearly delineated areas of responsibility.

Therefore, you must clearly understand the scope of powers that the state inspectors who have come to check are vested with and not to exceed these powers.