Notice of a general meeting in St. Notification of members of the snt about the upcoming general meeting

In order to understand the meaning and purpose of SNT and DNT, know that this is the name of legal entities on the basis of land law, formed to solve the problems of gardening and horticulture by land users within adjacent territories. Such forms of association of people are intended for the realization of non-commercial purposes. However, please note that there are important differences between SNT and DNT.

According to the norms of land law, part of the country's land belongs to the category of agricultural land. The division of the country's territory into lands of various categories and purposes allows for a more competent and rational use of the land resource. And for this it is necessary to exploit the land in strict accordance with the stated goals.

Be aware that agricultural land is used for horticultural activities, but can also be used for low-rise summer cottage construction. In addition, the construction of real estate objects in the dacha economy is also permissible on the territory of the settlement lands.

The first difference lies in the location of dachas located on the territory of the lands of the settlement, and dacha non-profit partnerships located on agricultural lands. Settlement lands are almost always located within the boundaries of the municipality, and agricultural land is far from the city.

The next difference is that it is possible to build a structure of a capital structure on a site of any type, but it is extremely difficult to register and get a registration address and place of residence in a house on an agricultural territory. Such a decision may be made by the referee in special cases. If the house is located far from communications, has technological and structural violations that do not allow the construction to be recognized as a residential building, then such a building will never be recognized as a residential building, it will not be possible to register in it.

It will not be difficult to get a residence permit in a habitable country house located on the territory of the settlement, since communications and vital infrastructure facilities in the city are next to the dacha. Therefore, it is preferable to purchase a country house within the lands of the settlement.

Learn the term DNP, which means a dacha non-profit partnership, and the term SNT, which means a garden non-profit partnership. If both of these VRIs are used for farming on the respective lands, then there are practically no differences. Since the dacha is a territory for non-commercial activities and for recreation of the population.

Within the area under the DNP, it is not necessary to engage in agricultural activities forcibly. Such lands must be used for purposes related to the recreation of citizens.

SNT lands are allocated for economic activities aimed at growing various crops for agricultural purposes.

The territory of the land mass for dachas is distributed with poor quality soil, since gardening and horticulture activities are not a priority for these lands, and for SNT lands are allocated with a more fertile soil layer.

That is why privileged areas for dachas are allocated to various categories of citizens in areas with wetlands or within the forest zone, where the soil is acidic and not fertile.

However, in order to create an NAP, an area with more fertile soil is most often chosen, while the lands under the NAP should be located closer to urban infrastructure and roads. In fact, both the territories under the SNT and the land under the DNP are most often used for building cottages. Such plots form small self-organized settlements of citizens.

Please note that there are no such officially formed settlements, therefore, residents of such territories face the following difficulties:

It is not easy to get a residence permit in such houses, if you succeed in registering in a cottage, then further difficulties arise with the placement of children in a kindergarten and school;
In such territories, it is not forbidden to build only garden houses, which are built according to special regulations, taking into account the fact that the passages between the houses are narrow, the buildings are located close to each other, there is no systemic arrangement of premises on land. But keep in mind that such buildings can be erected without obtaining a special permit for the construction of a capital facility;
Please note that it will be problematic to bring communications and power supply of the required capacity at the expense of the municipality. For SNT, power is supplied in the amount of about 5 kW, and, for example, in the territory under individual housing construction, it is supposed to supply power of the order of 15 kW;
Be aware that an ambulance will not go to such self-organized settlements, since the driver will not find the address of the place and the number of the garden plot or house. Due to the narrow passages between the houses, special vehicles such as a fire truck will not be able to reach their destination.

Based on this, understand that it is not difficult to build a building within the territory of SNT or DNP, however, it is not easy to use such premises for permanent residence, but, most often, it is impossible due to the large number of difficulties in the operation of housing.

Features of SNT land

Garden partnerships are formed in order to facilitate the solution of the problems of land exploitation by the owners. Most often, thanks to the organization of SNT, issues are resolved on the use of common facilities, the conduct of electricity.

On the basis of the law “On horticultural, horticultural and dacha non-profit associations of citizens”, agricultural land is transferred for the formation of SNT with the main purpose of application, which is to grow cultivated plants and conduct agricultural activities to meet the needs of the land owner. At the same time, it is allowed to build houses and other technical and economic structures on the territory of such farms.

It is impossible by law to obtain registration at the place of residence in a garden house. If a citizen has nowhere else to live, then there is an opportunity through the court to obtain the right to register in a residential building located on a plot of land within the SNT.

Lands in SNT are suitable for those who plan to grow fruit plants, agricultural crops with temporary residence in a permanent building on the site. The advantage of such lands lies in their low cost in comparison with the territory of the settlement. The cost is due to the fact that it is difficult to live permanently within such territories, since there is no infrastructure and communications that are present in the territories of the settlement.

The most important feature of land in SNT is that land owners have no time limit during which it is necessary to erect a building or lay a foundation.

Features of the lands of the DNP

The situation is different with dacha non-commercial partnerships, which are legal entities that unite citizens who own dachas. Such lands are formed to create and provide recreation to land owners with the possibility of erecting buildings on the site and growing crops within the site.

Know that it is necessary to build a permanent structure on a summer cottage - this is the main feature of this type of permitted use of land. It is easier to bring communications, gas, electricity and water supply to summer cottages, however, difficulties will arise with sewerage.

Know that it is possible to register in a country house on the territory of the DNP as a permanent place of residence. Within the suburban area, it is not necessary to build a garden and grow cultivated plants. The cost of land plots under the DNP is not high, since often the soil is not fertile, and land is allocated only for spending time in nature and for the rest of the townspeople.

Which is better, SNT or DNP

Keep in mind that SNTs were formed at the stage of the initial transfer of state land to the ownership of citizens or for temporary use in the 1990s, when land plots were allocated randomly, land quality was in last place in the priorities of state organizations. The main goal was to allocate more land for private ownership.

The lands under the DNP were formed and are being formed with a more competent approach: the area is chosen beautiful and comfortable, the soil is fertile. But keep in mind that priority in fertile soil is taken into account only in relation to SNT land for agricultural work.

If a piece of land is purchased as a place for recreation and weekends, then choose the land of the DNP, as communications and infrastructure will allow you to organize a comfortable stay for the owner and his family.

If the goal is to obtain a crop, then it is necessary to look after the fertile lands of the SNT category.

How to transfer land from SNT or DNP to individual housing construction

There is a problem in which the owner of the land received for use land belonging to the category of SNT or DNP, but the goal of the owner is to build a dwelling, which requires the transfer of land to the category of individual housing construction. In theory, such a transfer is not prohibited from initiating and carrying out a change in the category of land use of the site. However, the owner must overcome many administrative obstacles in the process of changing the VRI of a plot of land.

To initiate the process, it is necessary to apply to the administration of the settlement with a request to change the type of permissible use of land within the territory of the owner's plot.

The following documents must be attached to the application:

Passport of a citizen of Russia;
Cadastral passport of the site and an extract from the land registry;
Extract from USRN.

Know that more documents will be required, but their list will be announced by an already authorized representative of the administration.

The purpose of the application is to obtain permission to join the territory of the owner's plot to the lands of the settlement. Before sending an application to the administration, make sure that the land is located in close proximity to the lands of the municipality.

If all the documents and arguments meet the requirements of the administration, the authorized representative of the local executive authority hands the applicant an act on the transfer of land from one category to another. If the land transfer is refused, the land owner has the right to appeal the decision of the settlement administration in court.

For clarity, consider the situation. There are plots of land near the city with the category of agricultural land. In order to transfer plots to the category of land for individual housing construction, it is necessary to attach the land of the owners to the territory of the settlement. And for this, it is necessary to amend the master plan for the development of the territory of the municipality and re-approve these changes.

In order not to refuse the applicant on an illegal basis, the following wording is used: “land mismatch with approved territorial planning documents”. Most often, decisions of refusal with such a basis cannot be appealed in court.

IZHS- land status of individual housing construction, land category of settlements. According to the Land Code of the Russian Federation, plots with the status of individual housing construction are designed for the construction of an individual residential building. Each region of the Russian Federation has its own restrictions on the size of the plot, its own minimum and maximum standards. Since the IZHS site is intended for the construction of a residential building, and not a country house, its project is required to undergo a series of approvals from local authorities. To obtain a residence permit on the IZHS site, the following condition must be met: the presence of a country house within the boundaries of the settlement, i.e., the status of the land of settlements. Also, according to the law, you can register only in an erected house that meets the requirements of sanitary norms and rules, as well as a BTI floor plan has been formed for the house. Subject to these rules, it will be possible to conduct a gas pipeline to the house, and, accordingly, register in it.

SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening. Also, an association can be created in the form of a non-profit partnership and a consumer cooperative.

DNP or Dacha Non-Commercial Partnership is a legal entity created for the development and maintenance of dacha settlements. The principle of activity is similar to the principle of activity of the HOA (Association of Home Owners). Only the HOA collects fees for the maintenance of elevators, stairs, front doors, utility networks, as well as garbage collection, snow removal in the yard, payment of bills for electricity, cold and hot water, gas, etc. The DNP, on the other hand, deals with the construction and maintenance of roads and power lines in the village, organizes its security, garbage collection, payment of bills to supply organizations, etc. In addition, the complex development of the territory of the village.

private household plot- literally, this abbreviation stands for personal subsidiary plot. What does this category of land mean? By purchasing land with the status of private household plots, you can conduct non-business activities on this site for the production and processing of agricultural products.

If a private household plot is located within the boundaries of any settlement, then its owner has the right to build a residential building on it and carry out work on the production of agricultural products. The decision on the construction of a residential building depends on the local municipal administration, since it is important to take into account the possibility of connecting a residential building to central communications.

If the PSF plot is located outside the settlements, then it belongs to the category of field plots, and the construction of houses, as well as any other structures and buildings, is prohibited on its territory.

LPH and IZHS what is the difference and differences

Unlike IZHS, on lands under private household plots you can:

Legally receive income from the sale of agricultural products;
Obtain a certificate of conformity of grown products and a certificate from a veterinarian;
Get a loan for production on the security of the site;
A project is not required and, as a fact, a permit is not required to start building a house (as on a plot under SNT);
The annual land tax for the use of a plot for private household plots is three times lower than for a plot for individual housing construction (IZhS).

At the same time, you are not engaged in entrepreneurial activity on the lands of private household plots, which means that registration of a legal entity is not required.

Advantages and disadvantages

Advantages of using SNT land:

the cost of the plot is much lower than the cost of a plot of IZHS land;
lands are located outside the city, in the countryside;
The land can be used without building a house.

Cons of using land in SNT:

in practice, it is difficult to formalize your registration in a country house built on the lands of SNT;
SNT plots have, as a rule, a small area - 6-15 acres;
the price of real estate on these lands will be low, regardless of the size and quality of the built house, it will be a country house;
all arrangement and supply of communications should be carried out by the owner of the site, and not by local authorities;
the need to pay membership fees to the partnership;
financial organizations agree with great difficulty to use SNT lands as collateral.

SNT lands are allocated in picturesque and ecologically clean areas. The difference in their cost is often determined only by the convenience of the location and the available communications.

Advantages of using the land of the DNP:

their cost is lower than the cost of IZHS land;
if the lands of the DNP fall within the boundaries of the settlement, then it is easier to get a residence permit in them than in the SNT;
technical expertise is not required to put a built house into operation.

Disadvantages of using DNP land:

due to the fact that the lands of the DNP still have an agricultural purpose, the presence of a garden or vegetable garden on them is mandatory;
The specificity of the lands of the DNP is that the presence of a house on it for housing is as necessary as the presence of a garden.

Advantages of using private household plots:

in the case of the location of the site in the settlement, it is possible to transfer it to the lands of individual housing construction;
preferential tax rate for such land - less than 0.3% of the cadastral value of the site.

Disadvantages of using private household plots:

in modern legislation there is no concept of private household plots, which can lead to additional difficulties;
registration of ownership of land for private household plots located not within the boundaries of settlements depends on what decision the local authorities make, which have the right to prohibit the construction of buildings on it.

Advantages of using IZHS land:

availability of a postal address;
in a house built on the lands of individual housing construction, it is easy to register;
local authorities are obliged to provide IZHS sites with all necessary infrastructure;
The land can be used as collateral.

Cons of using IZHS land:

the area of the site is clearly limited;
the project for building a house must be coordinated with many services and organizations, to obtain construction permits;
The cost of such lands is the highest compared to others, since they are located within residential settlements.

What is the difference between DNP and gardening?

- At the moment, it is assumed that DNP differs from SNT (horticulture) in that in the DNP settlement it is assumed that a country house is to be built and registered as a property, and SNT involves, first of all, the development of a vegetable garden on one's own plot, without the mandatory construction of a house. At the same time, there is no clear separation of these concepts in the law. In both cases, there may be a house and a garden. As for registration, the law does not prohibit registration both there and there.

What is the difference between IZHS and gardening?

IZHS and horticulture are permitted land uses. On the site allocated for individual housing construction, it is possible to build a capital house for permanent residence. Also, the specified permitted (target) use of the site allows you to register (register) in a residential building located on the site.

The main purpose of the garden plot is the recreation of citizens and the cultivation of various agricultural crops. On the plot allotted for gardening, you can also build residential facilities, you can even build for year-round use. However, the law prohibits the owners of such plots from registering in such houses. Ultimately, you can register in such buildings, having previously carried out the necessary procedures: re-register the land and the house, but this is much more troublesome than registering in a residential building built on a plot for individual housing construction.

What is the difference between LPH and IZHS?

So, IZHS and private household plots are allocated to citizens for non-commercial use. In other words, the extraction of profit is not provided by the very essence of these categories. However, private household plots are aimed at the production and processing of agricultural products, while individual housing construction is aimed at building a residential building. In a number of cases, this imposes serious encumbrances on the rights of owners.

So, the IZHS site can only refer to the land fund of settlements where the construction of houses is allowed - subject to a number of conditions. Private household plots may also belong to the fund of agricultural land. In this case, the construction of the house will be illegal, it is almost impossible to overcome this legal barrier. There are cases when entire illegal villages were demolished, where electricity, gas, and sewerage had already been installed.

This leads to another important difference between these categories. IZHS is intended only for the construction of a house, and private household plots - only if it belongs to the category of land of settlements. At the same time, it is possible to obtain a residence permit in the erected house in both cases, if there are no violations of the law. The fee for the use of private household plots is much less than individual housing construction. Otherwise, the differences are minor and depend on the specific situation.

HIDDEN COST DNP, DNT, SNT

Houses on DNT, DNP, SNT, as a rule, are sold on the terms: "The price includes a plot of land."

Roads and electricity - target contribution,
gas - connection is possible (terms are usually poorly defined and not guaranteed in any way),
plumbing - as a rule, dig a well yourself.

Thus, the site rises in price by at least 300-400 thousand rubles. This does not include gas and plumbing.

Gas

200-300 thousand can be conditionally allocated for the gasification of the site. And it would be better to do this, because, as a house for permanent residence, it is necessary to heat it, and doing it in other ways, for example, with electricity, is quite expensive.

Unlike DNP, IZHS sections must be gasified free of charge, at the expense of the state.

Roads

For IZHS, this problem is not worth it, well, at least it should not be. Roads should be and should be cleared of snow in winter. This is a question for the municipality. You don't need to pay extra money for them.

Electricity

When selling DNP, it is already included in the price of the plot and it is usually only 10-15 kW. More power, you can buy more for extra money.

In the case of IZHS, 10-15 kW should be provided to you without additional surcharges.

Lands of settlements refer to villages, cities, towns and are their part or continuation. Usually there are areas that have access to communications and are provided with roads. In many ways, amenities are provided by the settlements themselves.

On agricultural land there are no plots for individual housing construction, but it is possible to build settlements in the format of dacha / garden non-profit partnerships (partnerships) or dacha building cooperatives (SNT, DNP, etc.)

Main difference between the first and second lies in the fact that in the first case it is possible to obtain a residence permit, and in the second it will be more difficult to do so. But this point should rather concern those who build their own house for moving and permanent residence in the country, and this housing will be the only one where you can register. If a land plot is bought for the purpose of seasonal recreation, gardening, as additional real estate, then agricultural land may also be suitable.

DNP and SNT - a modern version of gardening and summer cottages

Such plots exist both on the lands of settlements and on agricultural lands. These are plots for small garden and country houses. Currently, it is becoming possible to register here, although it is rather difficult. The fact is that in order to obtain registration in a house, you need an address that can only be assigned to housing built on sites belonging to settlements. To do this, you need to conduct an examination of the house and get a court decision, which should recognize it as habitable.

Most often, the owners deal with communications in the DNP and SNT on their own, through the joint efforts of members of the dacha community or garden partnership. Here, most likely, the issue will arise with the conduction of electricity, because gas is not necessary for seasonal recreation and a garden, and water can be obtained from a well designed for one or more plots.

The undeniable advantage of these sites is the cost. It can be several times lower than in IZHS. Perhaps the price will be justified if you do not need a residence permit and the issue of communications does not scare you. But you need to remember that a plot on agricultural land is a shared property. That is, for its sale in the future, you will need to obtain the consent of other members of the partnership or community.

DNP

If you buy a plot in the DNP, you should know that it is registered with the Federal Tax Service as a legal entity. It has a charter and prescribes common property. By purchasing a plot, you pay a fee as an entrance fee, and then register the plot as a property.

SNT

A garden non-profit partnership is very similar to a dacha non-profit partnership. Created on a voluntary basis to help its members in solving common social and economic problems of gardening. Also, an association can be created in the form of a non-profit partnership and a consumer cooperative.

The difference between these two types of plots lies in their fertility. It is believed that the land for DNP is less fertile, i.e. has a lower bonitet score and a lower cadastral value. It turns out that the SNT site should cost more than the DNP.

private household plot

It is possible to build a house on a private household plot only if it is located on the lands of settlements. Otherwise, it will be intended only for agricultural production and it will be impossible to build a house there. On such sites, it is also possible to build houses no higher than three floors and obtain registration.

Legal framework

Federal Law No. 136, which defines the features of the transfer of a land plot for individual housing construction;
Federal Law No. 218, regulating the rules for registering real estate;
Part 2 of Article No. 16 of the LC RF defines the rules for which object is recognized as residential;
Federal Law No. 172, which regulates the transfer of land from one category to another.

The abbreviations “SNT, DNP, IZHS” are quite familiar to persons who own land plots. However, for others, the meaning of these abbreviations is a mystery. What do they mean and what are the differences between them, we will tell further.

SNT, DNP, IZHS - what is it and what is the difference

In order to understand the above terms, the following should be noted. All of them are related to the use of land provided to private individuals. Any plot of land has a specific purpose and cannot be used for other purposes.

When it is allocated, there must be an indication of the type of use allowed for it. For example, it may be indicated that it is allocated under IZHS.

This is decryptedabbreviation as individual housing construction.

Such a site should be used for the construction of a private house suitable for habitation.

The other two abbreviations hide the names of non-profit associations.

They are created for the purpose of organizing the use, disposal, and solution of various issues in relation to summer cottages and garden lands. Such associations can be formed in the following forms:

non-profit partnerships;
non-profit partnerships;
consumer cooperatives.

Therefore, the decoding of SNT is a horticultural non-profit association in the form of a partnership. And DNP is a dacha non-profit association in the form of a partnership.

These two associations are legal entities of a non-commercial nature. What is the difference between these associations, we will consider further.

Garden non-profit partnership, its pros and cons

A garden non-profit partnership is one of the forms of associations that allow the owner to solve various issues of using his garden plot.

Such plots are provided only on agricultural land and have certain features. The main purpose of horticultural land is the cultivation of horticultural and other crops. According to the Law “On horticultural, horticultural and country non-profit associations of citizens” dated April 15, 1998, it is also allowed to build various household and residential buildings on them.

By law, you cannot register your residence in such a house. In practice, this ban is not recognized, but in fact, it is possible to make a residence permit on a garden plot only through the courts.

At the same time, the cost of plots for gardening is much lower. Therefore, if it is planned to cultivate a garden and seasonal living in a house, then the advantages of such land are obvious.

In addition, unlike building plots, their owners have no obligation to build a structure within a certain time frame. If permanent residence is planned on such a site, then there may be problems with the summing up of communications, registration in such housing.

Dacha non-profit partnership: pros and cons

DA regular non-profit partnership refers to associations of persons who have received land for their dacha in their possession.

According to the above law, it is provided for organizing the recreation of citizens with the right to erect various buildings and grow various crops.

At the same time, it is still necessary to erect buildings on a summer cottage, in contrast to a garden plot. It will be easier to register your residence in a house on such a site. But with the conduct of communications to the site, problems can also arise. If electricity or water supply is provided in summer cottages, then you will need to pay an annual fee for them.

Cultivation of horticultural crops, the cultivation of a garden in the country is not necessary. Therefore, such land is less fertile, but it costs less. Plots for dachas or gardening can rarely be purchased with a mortgage or pledged.

Non-commercial partnerships can also be created by DNT to use such sites.

Agricultural land for SNT and DNP

In land legislation, all lands located in the country are divided into categories. Among them are agricultural lands.

They are allocated only for certain purposes of use, in particular, for summer cottages, gardening, vegetable gardens, farms and private households. They can allocate both to private individuals and partnerships, cooperatives. They are located outside the settlements, and their main purpose of use is precisely the cultivation of various crops.

Therefore, garden plots can only be provided on such lands. Dacha in some cases may be allocated within the boundaries of settlements.

Land for individual housing construction: pros and cons

Unlike the above associations, land for private construction is always located on the territory of a settlement. The purpose of their provision is the construction of residential private houses.

These houses are capital in nature and are suitable for year-round use. It is easy to register in such houses, and it is easier to bring communications to them. Since such sites are located in or near settlements, there are usually no problems with infrastructure there.

Therefore, for the construction of a house for permanent residence, such lands are better suited. True, they are much more expensive.

The tax paid for owning property will also be higher in this case.

It is not necessary to plant anything on this land plot. Banks are more willing to take such plots as collateral and give loans for their purchase.

We are building on the site of IZHS

Individual housing construction requires private developers to comply with certain rules and regulations.

There are restrictions on the area of the plots themselves for construction, the number of storeys of houses built on them, and the location of buildings on the site. Land owners must comply with all requirements of sanitary, fire, urban planning and other mandatory standards. In addition, the construction of houses will have to obtain special permits. And this requires the collection of various documentation, the preparation of a plan for the site itself, and a scheme for its development.

In case of non-compliance with these rules, various fines may be imposed on the owners. And houses built without permits are recognized as unauthorized and illegal structures.

How to correctly transfer SNT or DNP to IZHS

Each of the listed types of possible land use has its own advantages and disadvantages.

The choice in favor of one of them is made based on the purposes for which the site was acquired. At the same time, an increasing number of people want to live in their own house outside the city. Therefore, the question often arises about the possibility of transferring land from one category to another. Such a possibility is provided by the legislation of the Russian Federation.

To make a transfer, you must apply with a relevant application to local or executive (state) bodies. In such a petition, it is necessary to justify the need to change the category of land. It is required to attach documents on the rights to this land, on the identity of the applicant.

By law, the period for consideration of this application should not exceed two months. During the consideration, a decision is made on the possibility of transferring the lands of SNT or DNP to plots for the construction of private houses. The adopted decision is formalized by an act.

After receiving such an act in hand, the owner of the site must register the changes with Rosreestr. In case of refusal to transfer, there must be reasons for this. Applicants have the opportunity to appeal against acts of refusal to change the category of land.

The federal law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name testifies to changes brought about by its appearance. 39 previously adopted legislative acts were subjected to changes and additions at once. Apparently, for this reason, the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period of 5 years from the date of entry into force to complete certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens” (in this regard, no. somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and gardeners work for their own benefit, and this, no less, is almost half of the Russian population.

The most painful problems that cause great criticism, as legislators found out during the preparation of the law, which began in 2014, were the following:

the plurality of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all jointly representing 9 independent legal forms of non-profit associations of citizens created for country farming)
malicious extortions in the form of membership and other types of contributions, not uncommon for many horticultural and dacha associations
former administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on plots that are absolutely suitable for living
the high cost of drilling and building water wells in horticulture or in individual areas, the cost of which translates into impressive amounts (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply, staying in dachas becomes simply unthinkable
the lack of real support from the municipalities for existing and emerging new dacha and garden partnerships to provide them with engineering communications.

How does not the dacha, but the “garden and garden constitution” solve problems?

In order to understand what changes the new law brought and how it affected the life of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for country farming

Such a legal organizational form of citizens' associations as a "dacha non-profit partnership" was excluded from the new law, in connection with which the Land, Town Planning, Water, Civil Codes, Housing of the Russian Federation, the federal laws "On Subsoil", "On Non-Profit Associations", "On general principles of the organization of local self-government in the Russian Federation”, “On State Registration of Real Estate”, “On Mortgage (Pledge of Real Estate)”, “On Specially Protected Natural Territories”, “On Agricultural Cooperation” and a number of other laws have already been and will be introduced further relevant changes.

The use of the concept of dacha partnerships should completely disappear in 1.5 years, but it is unlikely that the words “dacha” and “dacha residents” habitual to hearing will disappear from the everyday vocabulary during this time. Well, they are very family. Historically introduced into life since the time of Peter I, who granted his entourage for their great services to the Fatherland land for estates in the magnificent environs of St. Petersburg, they came into use through the word "dacha", meaning the action of the king (as a derivative of the verb "give").

The new law eliminated the artificially formed and still existing distinction between dacha and horticultural partnerships created in accordance with the already mentioned Federal Law “On horticultural, gardening and dacha non-profit associations of citizens” and established only 2 types of legal status for suburban associations of citizens:

horticultural non-profit partnerships (SNT)
horticultural non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A horticultural non-profit partnership and a horticultural non-profit partnership are types of partnerships of real estate owners.

New garden and garden plots, as before, are formed from the lands of settlements or from agricultural lands. Each garden or horticultural land plot may be included within the boundaries of only one horticultural or horticultural area.

Gardening or horticulture on garden or garden plots located within the boundaries of the territory of the partnership can be carried out by the right holders of the plots in the following organizational and legal forms:

with partnerships,
without partnerships.

In accordance with the new law, it is established that an association can be formed with a minimum number of members of 7 people (part 2 of article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

at the suit of the state authority of the constituent entity of the Russian Federation,
at the claim of the local government at the location of the territory of horticulture or horticulture,
at the claim of the owner or right holder of a garden or garden plot located within the boundaries of the territory of horticulture or horticulture.

Upon liquidation of the partnership, the property of the general use of the partnership (with the exception of real estate of common use, owned by the partnership and remaining after the satisfaction of creditors' claims), is transferred to the owners of plots located within the territory of the SNT or ONT:

in proportion to their area,
regardless of whether these persons were members of an association (paragraph 1 of article 28 of the new law).

The law also defines provisions regarding:

grounds and procedure for admission to membership in the partnership,
rights and obligations of members of the association,
grounds for termination of membership;
the rights and obligations of the governing body of the partnership,

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are made by a qualified majority of at least 2/3 of the total number of members of the partnership present at the general meeting.

The management body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

chairman, representing the sole executive body,
the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but not more than 5% of the number of members of the partnership, which not only creates a certain convenience in the "management" of the board itself by the members of the partnership, but also reduces the size of membership contributions to the maintenance of the board with a reduced number,
audit commission (auditor), accountable to the general meeting of members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years, and not for 2 years, as it is now and until 01/01/2019. Despite the noticeably longer term of his powers, by decision of the general meeting of members of the partnership, for the hack work of the chairman or negligent members of the board, it will be possible to remove and be re-elected at any time.

A meeting of the board of an association is competent if at least half of its members are present. Decisions of the board of the association are made by open voting by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT to HOA

By decision of the general meeting of members of the SNT, the owners of garden plots have the right to change the existing type of association to a homeowners association (HOA). The organizational and legal form of a partnership of property owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:

the gardening area is located within the boundaries of the settlement,
residential buildings are located on all garden plots located within the boundaries of the gardening area.

Changing the type of horticultural non-profit partnership (SNT) to a homeowners association (HOA) is not considered a reorganization (paragraph 2 of article 27 of the new law).

The possibility of changing SNT or ONT to another type of activity of the partnership

A horticultural or horticultural non-profit partnership may change the type of activity, again by decision of the general meeting:

for the production, processing and marketing of crop products,
other activities not related to horticulture and horticulture and allowing the creation of a consumer cooperative.

The creation of a production cooperative is a reorganization of the former organizational and legal form of SNT or ONT (clause 1 of article 27 of the new law), which means that it requires changes to the USRN.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transitional period, which will last for 5 years, that is, until January 1, 2024, the new law defines the following provisions:

DNP, dacha cooperatives, dacha farms, horticultural partnerships and other non-profit organizations of citizens created before January 1, 2019, do not need to be reorganized.
From January 1, 2019, the requirements of the new law will apply to all previously created horticultural or dacha non-profit partnerships, as well as gardening non-profit partnerships, even before their charters are brought into line with the new law:
1. or in accordance with the provisions on horticultural non-profit partnerships,
2. or in accordance with the provisions on horticultural non-profit partnerships.
Bringing the constituent documents of horticultural or dacha non-profit partnerships and horticultural non-profit partnerships created before the introduction of the new law is carried out after the entry into force of the new law through the introduction of changes:
1. in constituent documents (title establishing, charter and other documents) and registration of these changes in the USRN,
2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
3. changing the names does not require changes in title and other documents containing their former names.
Buildings on garden plots registered in the USRN before January 1, 2019 with the designation "residential", "residential building" are recognized as residential buildings:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019 buildings or amendments to documents for them, changes in the USRN records, as well as replacement of the names of real estate objects are not required,
2. replacement of documents and names of buildings can be performed at the request of the right holders of real estate objects.
Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the USRN before 1.01. 2019, are recognized as garden houses:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019, these buildings or amendments to the documents for them, changes in the USRN records, as well as replacement of the names of objects are not required,
2. replacement of documents and names of the listed buildings can be performed at the request of their right holders.

Register of partnership members

The distribution of plots among the members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and garden plots of land that are in state or municipal ownership are provided to citizens free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

The register of members of the partnership must be formed within 1 month from the date of state registration of the SNT or ONT in the USRN (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of partnership members contains the following information:

about the members of the association,
cadastral (conditional) number of each land plot, the owner of which is a member of the SNT or ONT (after the allocation of land plots between the members of the partnership).

Members of the partnership are obliged to provide reliable information necessary for maintaining the register, and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of the SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, according to which the operation of several partnerships with a common infrastructure and one common area is prohibited on the same territory. In other words, a garden partnership cannot appear inside a garden partnership.

The purpose of introducing this principle is quite obvious:

exclusion of situations of “pulling” advantages in using, for example, a transformer box owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
establishing legal relationships between partnerships for the use of engineering infrastructure and common areas,
management of common property within the boundaries of the territory of gardening or horticulture can be carried out by only one partnership.

Since the introduction of the new law into force, the owners of garden or garden plots located within the boundaries of the territory of the SNT or ONT have the right to create only one horticultural or horticultural non-profit association. Its boundaries should be determined in accordance with the territory planning documentation:

prior to its approval by the municipal authorities, the documentation on the planning of the territory must be approved by the decision of the general meeting of the members of the partnership,
preparation and approval of a territory planning project for a gardening partnership is not required, and the establishment of garden land plots and the formation of garden land plots and general-purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land surveying project.

The boundaries of the territory of horticulture or horticulture, when preparing documentation for the planning of the territory for the partnership, include land plots that simultaneously meet the following requirements:

the plots are owned by the founders of the partnership,
plots constitute a single, inseparable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new horticulture and horticulture and preparing documentation for the planning of their territory, the boundaries of their territories also include:

plots that are in state or municipal ownership and not provided to citizens and legal entities (their total area must be at least 20% and not more than 25% of the total area of garden or garden land falling within the boundaries of the horticulture or horticulture area),
plots and territories of common use, determined in accordance with land legislation and legislation on urban planning (the formation of general-purpose land plots is carried out in accordance with the approved land surveying project).

It is prohibited to establish the boundaries of horticulture or horticulture territories that restrict or terminate free access from other land plots to common areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the territory of gardening or horticulture and owned by members of the partnership.

Common property located within the boundaries of the territories of horticultural or horticultural associations includes real estate that simultaneously meets the following 2 conditions:

the property was created or acquired after the entry into force of the new law,
this property belongs to the owners of land plots on the basis of the right of common shared ownership in proportion to the areas of their plots.

Such property, represented by capital construction projects and general-purpose land plots, is used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

passages and driveways to the territory
supply of heat and electricity, water, gas
drainage
security
collection of municipal solid waste and other needs
movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership

General purpose land plots related to common use property are formed during the development of documentation for the planning of the territory of gardening or horticulture.

Owners of land plots located within the boundaries of the territory of horticulture or horticulture use general-purpose land plots for passage and travel to their land plots on the following conditions:

free,
without charge.

No one has the right to restrict the access of right holders of plots to their land plots.

The main goals of creating public property by the new law include:

use by all right holders of land plots located within the boundaries of the SNT or ONT territory for their own needs,
placement on common areas of other common property (for example, sports or children's playgrounds, their equipment, etc.).

Common property of an SNT or ONT may also belong to the partnership on the basis of ownership or other right permitted by civil law.

After registration of the partnership in the USRN, the owners of the plots included in it can decide at a general meeting with the presence of 100% of the members of the SNT or ONT on the desire to acquire shares in the common property in the property, moreover, free of charge and without allocating a share in kind.

After registration in the Unified State Register of Real Estate Rights of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of the SNT or ONT, public property may be transferred free of charge to the municipality or to the state property of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

the general meeting of the members of the partnership decided to transfer the property,
property, by law, may be in state or municipal ownership,
there is the consent of all owners of garden and garden plots, who have also issued the right of common shared ownership of common property to transfer it to the municipality or state property.

Execution may not be levied on immovable property of common use owned by the partnership. In the event of the liquidation of the partnership, such property is transferred free of charge to the common shared ownership of the owners of garden or garden plots of land located in the SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (paragraph 2 of article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden and garden plots, accompanied by the transfer of ownership of these real estate objects, the share in the common ownership of the common property from the previous owner passes to the new owner.

The owner of a share in the right of common ownership of common property does not have the right to:

alienate a share separately from the ownership of your garden or garden plot,
perform actions that entail the transfer of a share separately from the ownership of one's garden or garden plot.

The terms of the agreement under which the subject of the transaction appears:

transfer of ownership of a garden or garden plot of land without transfer of a share in the common ownership of common property,
transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or garden plot of land,

are void (if the owner of the garden or garden plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of the SNT or ONT in a bank to the settlement account of the partnership (Article 14 of the new law):

membership
targeted

You won't have to pay an entrance fee.

The lists of tasks for which contributions can be spent are limited. So, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

with the maintenance of the common use property of the partnership, including the payment of lease payments for this property,
with settlements with supply organizations - suppliers of heat and electricity, water, gas, sanitation on the basis of contracts concluded with these organizations,
with settlements with the operator for the treatment of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
with landscaping for general purposes,
with the protection of the territory of horticulture or horticulture and the provision of fire safety within the boundaries of such territory,
with the audit of the partnership,
with the payment of wages to members of the management board with whom the partnership has concluded employment contracts,
with the organization and holding of general meetings of the members of the partnership, with the implementation of the decisions of these meetings,
with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

With regard to earmarked contributions, the possibilities for spending them are more diverse. They are associated with the following tasks:

with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, in order to further provide such a land plot to the partnership,
with the preparation of documentation for the planning of the territory of horticulture or horticulture,
carrying out cadastral work to enter into the Unified State Register of Real estate information about garden or garden land plots, general-purpose land plots, other real estate objects related to public property,
with the creation or acquisition of common property necessary for the activities of the partnership,
with the implementation of measures outlined by the decision of the general meeting of members of the partnership.

The total annual fee will be equal to the sum of the annual targeted and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the association. In case of evasion of payment of contributions, they are collected by the partnership from a member of the SNT or ONT in a judicial proceeding.

Those individual gardeners and gardeners who did not wish to become members of the SNT or ONT are now required to pay contributions on an equal basis with members of partnerships (Article 5 of the new law). Non-payment is fraught with the same consequences as for members of the SNT or ONT. This is one of the differences between the new law and the previous law on summer residents, which allowed individuals to pay for the use of various resources (electricity, water, gas, if it is connected, as well as for garbage collection and security) in an amount less than that of members. partnerships, and not pay contributions to the salary of the chairman and members of the board of the SNT or ONT. Under the new law, individuals also have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and size of contributions. No, still, only the right to participate in the election of the chairman and members of the board.

The charter of the SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

different volume of use of common property depending on the size of the garden or garden plot,
the total area of real estate objects located on such a land plot,
the size of the share in the right of common shared ownership of the land plot or real estate objects located on it.

In the general case, the amount of contributions is determined on the basis of the income and expenditure estimate of the partnership and the financial and economic justification approved by the general meeting of members of the partnership. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their recovery in court.

What is allowed to build on garden and garden plots?

New construction of capital residential buildings for permanent residence, according to the introduced law, is allowed only on garden plots and only if such land plots are included in the territorial zones provided for by the land use and development rules (LZZ), for which:

urban planning regulations approved,
in accordance with urban regulations, limiting parameters of permitted construction have been established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the entry into force of the new law, registration in them turned into “Sisyphean labor” with a positive result only by a court decision that recognized the residential building as capital and suitable for permanent residence.

The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law has simplified the procedure for transferring an existing garden (that is, non-capital construction) house to a permanent residential building and vice versa.

Garden plots should be used only for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.

Those developers of garden plots who managed to build on them, as Federal Law 66 (Article 33) allowed, “non-capital residential buildings” and even register their ownership in the USRN, were just lucky, because according to the new law they will not be considered unauthorized construction. Such cases affected, in particular, sites and buildings on lands allocated at one time by the Ministry of Defense.

To eliminate ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, all concepts are specially deciphered in the law (Article 3 and Article 23 of the new law):

garden plot- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs, crops with the right to place garden houses, residential buildings, outbuildings and garages
garden house- a building for seasonal use, designed to meet citizens' domestic and other needs related to their temporary stay in such a building (garden houses can be built without any permits and approvals)
residential building (object of individual housing construction) - in the case when land plots are included in the territorial zones provided for by the land use and development rules, in relation to which urban planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), while:
1. a residential building is understood to be a stand-alone building with no more than 3 above-ground floors, no more than 20 m high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building, and not intended for division into independent real estate objects,
2. no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction or garden house, the developer must submit to the local government a notification of the completion of construction or reconstruction (article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of article 55 of the Town Planning code of the Russian Federation),
outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) designed to meet citizens' domestic and other needs
garden plot of land- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storage of inventory and harvest of agricultural crops,
common property- located within the boundaries of the territory of gardening or horticulture for their own needs by citizens:
1. capital construction projects,
2. general purpose land,
3. movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership;

public property (passage, passage, supply of heat and electricity, water, gas, sewerage, security, collection of municipal solid waste and other needs) is used exclusively to meet the needs of citizens engaged in horticulture and horticulture;

general purpose land plots- land plots that are public property:
1. such sites are provided for by the approved documentation for the planning of the territory,
2. such plots are intended for general use by the right holders of land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs,
3. such plots may be intended for the placement of other common property;
contributions- funds contributed by citizens who have the right to participate in the partnership (members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
the territory of gardening or horticulture by citizens for their own needs(hereinafter - the territory of gardening or horticulture) - the territory, the boundaries of which are determined by the approved documentation for the planning of the territory.

On the construction of water wells on garden and garden plots

With regard to the construction of water wells in garden and garden plots, in accordance with the new law (Article 31), amendments were made to the Federal Law "On Subsoil".

The Law "On Subsoil" is supplemented by Article 192, according to which:

Horticultural and horticultural non-profit partnerships and right holders of garden or vegetable garden plots located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used:
1. for the purposes of household water supply,
2. for personal, domestic and other tasks not related to the implementation of entrepreneurial activities,
groundwater extraction can be carried out in a simplified manner:
1. without conducting a geological study of the subsoil,
2. without conducting a state examination of mineral reserves,
3. without geological, economic and environmental information about the subsoil plots provided for use,
4. without coordination and approval of technical projects and other project documentation for the performance of work related to the use of subsoil,
5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for the efficient and safe performance of work.

The main requirement for the construction of wells is the need to comply with the rules for the protection of underground water bodies, as well as the basic requirements for the rational use and protection of subsoil.

Thus, non-profit organizations established to conduct horticulture, horticulture or dacha farms before the entry into force of the new law have the right to extract groundwater for domestic water supply of these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil. The requirement for mandatory well licensing will come into force on January 1, 2020.

Forms and procedure for support by public authorities and local self-government of horticulture and horticulture

The new law (Article 26) introduces the obligation of municipalities to develop their municipal and investment programs to support horticulture and horticulture, providing, in addition to educational work to popularize horticulture and horticulture or the introduction of special units involved in the implementation of regional and municipal policies to support horticulture and horticulture, the decision important tasks such as:

organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
financing of complex cadastral works in relation to cadastral quarters within the boundaries of which gardening or horticulture areas are located,
gratuitous acquisition in state ownership of a constituent entity of the Russian Federation or in municipal ownership of common property (roads, electric grid facilities, water supply, communications and other objects) located within the boundaries of the territory of horticulture or horticulture - in accordance with the statements of the partnership or participants in common shared ownership of property common use of the property,
providing priority state and municipal support to citizens entitled to an extraordinary, priority or other preferential purchase of garden and garden plots,

State authorities of the constituent entities of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established at the local level in accordance with the legislation of the Russian Federation.

For these tasks, the authorities have the right to use federal budget funds.

Registration in garden houses

Until January 1, 2019, it was possible to register in a dacha only by a court decision, which was supposed to recognize the house as capital, suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible provided that the building is located on a garden plot and is registered in the USRN as a residential building.

It is not possible to register for permanent residence in the garden house.

Recognition of a garden house as capital and suitable for permanent residence may equate it, by appointment, with an individual residential house, which, in turn, may mean its status as a second residential property.

In connection with this circumstance, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from the apartments where they permanently reside under social tenancy agreements and excluded from the queue for housing.

But the initial situation seems to be more “interesting” - the procedure for transferring a garden house to a housing stock is currently not fully defined. When the government will clarify it is also not clear.

Collisions between the new law and other laws

First collision

The new law defines 2 new types of partnerships (SNT and ONT), and in accordance with the Civil Code of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only for those citizens who also own a plot of land that owns a share in public property, which includes roads, electricity, water supply, etc.

Common property, as defined by the new law, may or may not belong to a partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and state authorities. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve the problems of managing property and developing common areas at their own discretion.

Second collision

In accordance with the law "On Registration of Real Estate" (No. 218 FZ), the only confirmation of ownership of a property is an entry in the Unified State Register of Real Estate. To date, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents as:

membership books confirming only participation in the general land allocation for gardening (horticulture) or the purchase of plots made much earlier on such rights,
old certificates, resolutions of heads of administrations on the provision of land plots for ownership, any state acts on the provision of land plots.

The percentage of such owners in the total mass of summer residents and gardeners is very high. For example, in St. Petersburg in 2017, there are 300 horticulture and horticulture, but only about 100 of them registered their land in ownership. In the Leningrad Region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously put on the cadastral register and they were assigned cadastral numbers as previously registered in the State Property Committee before 2008, then, without being included in the USRN, as required by Federal Law No. 218 (paragraph 3 of article 70), which entered into force on January 1 2017, such plots should be removed from the cadastral register, recognized as ownerless and transferred to the ownership of municipalities. The users and owners of such plots, therefore, will regularly join the ranks of those poor fellows who still admire their gardening membership books.

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of the field of view of the new law, and that a very small number of people have the right to create SNT and ONT, and only those who not only made an entry about the ownership of the plot in the register (EGRN ), but also owns, as required by the new law, also a share in public lands entered into the USRN. And the new law did not establish the procedure for making entries in the USRN relating to horticulture and horticulture. And all this despite the fact that in gardening and horticulture people still have a variety of land documents. The situation is more than reminiscent of the running of a squirrel in a wheel. “Protein” in the bureaucratic wheel, as you know, can be gardeners and gardeners who plan to be in SNT or ONT.

Third collision

The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.

Although the new law introduced an article, according to which horticulture and horticulture are allowed without forming a legal entity, nevertheless, it seems to be “vague” and allowing for ambiguous perception:

individuals cannot apply for a settlement, which means they will not have to rely on municipal support measures,
individuals “honored” with the obligation to pay contributions and the right to participate in general meetings of the partnership with their votes must “interact with the municipalities”, which, nevertheless, will not create any infrastructure for them (as they say, “the collective farm is, of course, a matter voluntary, but we will not tolerate individuality”).

Fourth collision

We are talking about the provision of shares in common property. According to the new law, all 100% owners of plots in SNT or ONT at their general meeting must decide on the desire to purchase shares in public property:

neither the regulations nor the conditions are specified under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized,
the impossibility in reality of holding a meeting, which must be attended by 100% of the owners of plots in SNT or ONT.

As a consequence of the indicated minuses of the provision on shares in common property, situations that are negative in their consequences are not excluded when:

public land may be in the possession of a legal entity (partnership) and its founders, who, at such general meetings, approve, in particular, estimates, contributions, etc.,
all owners of land plots left “out of distribution” will be required to maintain this legal entity and public property, pay for the acquisition of this property, but they will not become its owners and members of the partnership.

Fifth collision

There is some confusion with the transitional period introduced by the law. The transition period will last until 2024. Related laws will change at this time. At the same time, from the beginning of 2019, SNT and ONT should use their charters only to the extent that they do not contradict the new norms that have changed over the course of 5 years. It is somehow difficult to link together these 2 provisions of the new law, which are mutually exclusive, spelled out as “execution cannot be pardoned.

Lyudmila Golosova, Chairman of the Trade Union of Russian Gardeners, shares her opinion on the new law:

Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third, final reading, a law regulating gardening, horticulture and dacha farming by citizens for their own needs (FZ No. 217-FZ).

Consideration of numerous comments and amendments received during the discussion of the draft law resulted in significant changes reflected in the law.

Let us reiterate the main provisions of the law:

now there will be only 2 types of suburban partnerships:
1. horticultural
2. horticultural,
all partnerships will have to re-register, decide what type they belong to:
1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
2. following the results of the general meeting, submit a corresponding application to Rosreestr,

contributions to new SNT and ONT:

contributions can be only of 2 types - membership and target,
there will be no entrance fees
contributions must be transferred to the account of the partnership,
cash contributions are not allowed,
the amount of membership and earmarked contributions is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,

the minimum number of members of the partnership is 7,
it is now possible to elect a chairman for 5 years, and not for 2 as before, and an unlimited number of times, and in order to “overthrow” him, an extraordinary general meeting must be held at the request of at least 1/5 of the total number of members of the partnership,
members of the management board of the partnership and their relatives cannot be members of the audit commission,

partnership documents must be kept for 49 years,

members of the partnership have the right to get acquainted with the financial statements,

if copies of some documents are needed, then the members of the partnership can receive them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge,
members of the partnership are obliged to comply not only with the decisions of the general meeting, but also with the decisions taken by the chairman of the partnership and the board of the partnership;
the concept of “residential building” was introduced, excluding the definitions of “dacha”, “country house”, “dacha economy” - this was done in order to prevent legal uncertainties,
a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential building can be transferred to a garden building (for example, to reduce real estate tax), but this or that degree of capitalization of a garden or residential building will have to be justified , in accordance with established requirements and rules,
it is impossible to erect permanent buildings on garden plots - only temporary garden houses that are not real estate objects can be erected on them,
the difference between gardeners and gardeners, according to the new law:
1. gardeners can build residential buildings on the site and register in them,
2. gardeners can only build garden houses for seasonal living,
if the majority of the members of the partnership wish to become gardeners, then it will not be necessary to demolish the already built full-fledged residential buildings (not seasonal), but at the time the law comes into force, the ownership of the buildings must be registered,
if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses,
owners of plots with unregistered buildings need to know that in the near future it is planned to introduce a five times higher tax on land by law - a relevant bill is being developed in this regard (on amendments to the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered structures are located, multiplied by a certain coefficient),
it has been established that the maximum area of public land (including land plots along which roads are laid and power transmission poles are needed to install a transformer, garbage heap, board house, a playground, organize public spaces between fences, where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
common property belongs to the members of the partnership on the right of shared ownership in proportion to the area of their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners, such a tax situation will probably please, but the joy will be relative, since their taxes: nevertheless, will increase, since you still have to pay for your share of the collective property;
it is allowed to conduct gardening and horticulture without forming a legal entity, and if the right holders of land plots want to be members of the partnership, they are offered such an opportunity by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
the powers and responsibilities of non-profit organizations created for horticulture, horticulture and dacha farming are spelled out:
1. for the convenience of voting, internal-absentee and absentee forms of holding general meetings of members of the partnership are introduced,
2. the opportunity for general meetings of members of the partnership on a voluntary basis to decide on the gratuitous transfer of part of the common property (roads, electric grid facilities, water supply, communications and other facilities) to state or municipal property - in other words, collective property, according to the new law, can be not to divide into shares, but to give it entirely to some legal entity (for example, to transfer the transformer and networks to the energy company, and the roads to the municipal authorities), and such a decision can become very expedient, since members of the partnership are relieved of the concern for maintaining and repairing their collective property,
3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, however, he will still use the common property (electricity, road, garbage) and pay for it the same as the members, having lost only the right to vote at the general meeting,
the concept of “the boundaries of the territory of the partnership” has been improved: it has been replaced by “the territory of gardening or horticulture by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of horticulture or horticulture,
the definition of the concept of "property of common use" is concretized, the possible types and purposes of using such property are established, which will reduce the risk of the appearance in partnerships of property not related to its activities,
for persons who are the right holders of land plots, but who have not joined the partnership, the following are provided:
1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on the management of such property in amounts equal to those established for members of the partnership,
2. the right to use common property located within the boundaries of the territory of horticulture or horticulture, on an equal footing and in the amount established for members of the partnership,
3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of public property;
in relation to associations created before the adoption of the law and which are owners of common-use property, transitional provisions provide for the obligation until January 1, 2024 to submit for consideration by the general meeting of members of the partnership the issue of transferring such property to the common shared ownership of land owners,
the procedure for licensing wells of partnerships has been simplified - the requirement for their mandatory licensing comes into effect from January 1, 2020 without obtaining a license for the use of subsoil).

An important merit of the new law lies in the desire to respect the rights of those gardeners who do not want to be members of horticultural associations, and those who are a supporter of this form of farming. The law has become a document not about legal entities, but about the relationship of citizens who are engaged in gardening and horticulture. It is scheduled to come into effect on January 1, 2019. Until that moment, gardeners, gardeners and gardeners will be in transitional mode, adapting to the new rules.

This video material testifies to the heated discussion of the bill in the final third reading in the State Duma:

Good to know

What is interesting about the "forest amnesty" for land owners - read
Read about the possibility of building a residential building on farm land.
You can familiarize yourself with the calculation of taxes on real estate objects according to the new rules of 2019.

The type and purpose of the land plot largely determines the possibilities for its use. When choosing a site to build your own home, you should carefully check its history and current status. Consider the types of sites that the population encounters most often, and also find out what SNT and DNP land are.

IZHS

This abbreviation is familiar to almost everyone - individual housing construction. The status of "a site for individual housing construction" has land within the boundaries of any settlements that are intended for the construction of residential buildings.

The advantages of IZHS are obvious:

Possibility of construction and registration in the ownership of residential buildings;
Assigning an address to a building and free registration;
Availability of state and local programs for bringing engineering networks to individual housing construction sites;
A full set of legal options in relation to the site (purchase and sale, lease, inheritance).

The plot for individual housing construction is optimal for private development, because this is what it is intended for.

SNT

How is SNT deciphered? This is a site of the Horticultural Non-Commercial Partnership, that is, an association of amateur gardeners. Such plots, as a rule, are located outside the boundaries of the settlement on agricultural land.

This is their main plus - these areas can be used for economic activity. In addition, their cost is much lower than the price of plots for individual housing construction.

On the other side:

These sites are not intended for the construction of residential buildings. You can build it there, but you can issue it in accordance with all the rules, and you won’t be able to get an address with a residence permit.
Communications is carried out entirely at the expense of the customer.
Regardless of the type and size of the house built on the SNT site, it will be designed as a "cottage house", which will significantly reduce its market value.
If there is a residential building on the site, it will be difficult to conduct any transactions with it.

DNP

This is the site of the Dacha Non-Commercial Partnership. Almost the same as the SNT section, but with some nuances. If the dacha partnership is located within the boundaries of the settlement, then in terms of its properties, the plot of the DNP is practically comparable to the plot for individual housing construction. Basically, this happened due to the so-called "dacha amnesty".

Theoretically, the DNP site is not intended for housing construction and has all the disadvantages of plots of gardening partnerships. However, it will be easier to arrange a house built here than on the SNT site.

In general, the lands of the DNP are optimal for horticultural activities.

Conclusion

We have analyzed the terms SNT and DNP, the decoding of which will now not cause you any difficulty. To summarize, how IZHS differs from SNT and DNP:

The IZHS site is directly intended for housing construction. These are plots on which a house can be easily registered, an address can be obtained for it, registered, etc.
Plots for IZhS, respectively, should be with proper infrastructure, that is, the state takes over the issues of summing up engineering communications (at least in theory).
Plots on the territory of SNT and DNP are not designed for the construction of residential buildings, which leads to a lot of technical and legal difficulties if it is necessary to formalize the housing built there. In particular, there may be problems with the supply of electricity, water and gas.