With the entry into force of the new Land Code, part of the cottage lands has been reclassified as land of populated areas designated for "housing construction".
In this regard, a procedure for the use of such lands has been developed, their integration into the boundaries of populated areas has been outlined, and the rights and obligations of plot owners have been clarified.
Defining the Boundaries of Garden and Cottage Plots
The boundaries of garden and cottage lands that will be recognized as lands of populated areas are established based on decisions made by authorized bodies regarding the allocation of land for cottage construction or collective gardening, adopted before June 16, 1999.If a change in area is required, the process of reclassifying plots to the category of "land of populated areas" will be carried out in accordance with the current land legislation.
If there is no general plan for land allocated for cottage construction, data from the state enterprise "Kyrgyzgiprozem", based on an inventory conducted from 1991 to 1998, will be used. The following materials will also be taken into account:
- data from the authorized water resources body regarding the presence of water fund facilities;
- urban planning documentation (if available);
- information from the Unified State Register of Rights to Real Estate;
- land accounting documents;
- information from the authorized forestry body.
In the absence of a schematic plan, taking into account the clarified boundaries, a plan based on the actual boundaries of the land plots will be drawn up.
Construction on the plots is only possible with the presence of permit documents issued in accordance with urban planning regulations.
Transfer of Cottage Plots to Local Authorities
After the boundaries of the territories are defined, common-use facilities will be transferred to the executive bodies of local self-government. The maintenance and improvement of these lands will be funded from the local budget. Capital construction is not permitted on common-use lands.Land plots that do not have third-party rights (ownerless) are regulated by the provisions of Article 257 of the Civil Code of the Kyrgyz Republic.
Facilities on Cottage Plots
When defining the boundaries of lands that should be recognized as lands of populated areas, the local self-government body is required to compile a list of property (roads, water towers, reservoirs, transformer substations, office premises, etc.) that is common property or property for common use. This list must be prepared by a commission consisting of representatives of local self-government, state bodies, and authorized representatives of the owners of garden and cottage plots. Two owners of cottage plots and the former chairman of the gardening partnership, determined at the general meeting, will be appointed to formalize the list of property and sign the act of transfer to local authorities.An act on the condition of the transformer substation will be drawn up with the authorized representative in the energy sector. Cottage plot owners must address all remarks indicated in the defect report.
Land plots on which transformer substations are located will be transferred by an acceptance-transfer act, which must be registered.
Obligations of Cottage Plot Owners
Owners of garden and cottage plots classified as lands of populated areas with the designation "individual housing construction" are obliged to:- use the plots in accordance with their designation;
- maintain order in common-use areas;
- comply with fire safety rules and use of communal services;
- keep cleanliness in common-use places;
- economically use resources (water, gas, electricity);
- treat common property with care;
- participate in financing the maintenance of common property and timely pay for services;
- compensate for damage to common property or the property of other owners;
- take measures to eliminate any defects in the water supply system and inform local authorities.
