New law on gardening partnerships 2021

Hello, dear blog readers. Many people want to have a suburban area, and often for the sake of this they join special organizations, for example, DNP, SNP or SNT. What a dacha non-profit partnership and similar organizations are is discussed in this material.

For more convenient use of land plots and prompt resolution of problems, citizens create special partnerships and partnerships. The most common are garden and country associations. There are many subtleties and specifics regarding participation in them, ownership of property and registration.

Normative base

Gardeners, gardeners and summer residents have a lot in common. However, they differ from each other in a number of ways. Federal Law-66 “On gardening partnerships, garden and dacha associations” defines these three categories. Plots are provided to citizens for various purposes. Vegetable and garden plots are used for growing vegetables, fruits and other agricultural crops. Dacha plots are provided for recreation, but with the opportunity to cultivate the land and harvest crops. At the same time, garden and vegetable plots differ in that the owners of the former can erect economic and residential buildings on them. Owners of summer cottages may or may not have such an opportunity. A gardener does not have the right to register in a residential building erected on his land. This opportunity is provided to dacha owners.

How to preserve property?

So, it is quite difficult to fulfill all the conditions described, so many summer residents may completely lose their property next year. To prevent this from happening, you need to take the following actions as soon as possible:

Legalize your rights to land. To do this, you need to enter data into the state cadastre and Rosreestr.
Re-register dacha partnerships in SNT or ONT. There are no deadlines for re-registration. However, if this is not done as quickly as possible, partnerships will be left without legal protection.
Legalize buildings on garden plots.

List of papers for passing the legalization procedure
If construction or reconstruction of a summer residence began before August 4, 2021, it is necessary to send a corresponding notification to the authorities before March 1, 2021. You do not need to obtain permission to construct or use the building.

The new law will bring several positive aspects to summer residents. For example, registration in residential buildings will become much easier, and all defaulters will be held accountable. However, changes bring with them many difficulties and paperwork. Even now, summer residents need to take care of legalizing their property. In addition, the financial costs of all summer residents will increase due to the new rules.

Legal controversy

Until 1990, citizens could only build one-story summer houses on garden plots. At the same time, the size of the structures was strictly regulated. The maximum permissible size of buildings was established by the charter of the gardening partnership. In the early 90s, the situation in the country changed dramatically. However, the legislation remains the same. Ignoring the changes by the rule-makers caused a lot of controversy in society. A completely natural reaction to the discussion that arose was the Resolution of the Constitutional Court No. 7-P of April 14, 2008. In connection with numerous complaints from citizens, paragraph. 2 tbsp. 1 Federal Law “On gardening partnerships, garden and dacha societies” for compliance with the Constitution. Subsequently, several more acts were adopted on this issue. As a result, the ban on registering persons at their place of residence in a suburban building located on a garden plot located within the territory of populated areas was found to be inconsistent with the Basic Law. This conclusion is present in the resolution of the Constitutional Court No. 13-P of June 30, 2011.

Video: Which dachas will be demolished in 2021

The application must be accompanied by the necessary documents: passport, title documents for the residential building. But not in all cases the house is officially registered as a country house or residential. In this case, there will be a procedure for transferring the building to the desired category.

Registration in a country house

Additionally, you must submit an official reconstruction project. It is necessary if it is not possible to convert the building into residential without such changes. In addition, local government officials will require an examination of the condition of the building. To do this, you will have to apply to specialized companies with a construction and technical license.

Registration at a dacha will become impossible if the house does not have a foundation and is a temporary structure. At the same time, some technical characteristics are considered by the court depending on the area. There will also be problems with registration for persons who are already registered in the city premises. In this case, you will first have to issue an extract from there, and then register at the dacha. Problems will not arise for those citizens for whom the dacha is their only home.

Russians can register for a dacha plot if they meet certain conditions for the land plot and the erected building. It will take a lot of time and some effort to go through this procedure. In addition, not every country house meets legal requirements for off-season living.

Registration authorities: where to apply

an application for registration at the place of residence in a country house (it should be written first), drawn up according to a certain form, a sample of which can be found on the information stand in the department or downloaded in advance from the official FMS portal;
a civil passport document or other identity document replacing a passport;
a judicial act stating that the dacha is recognized as a residential premises;
a document confirming the privatization of the building by the applicant (registration at the dacha is impossible without it);
papers from the Bureau of Technical Inventory (technical passport and others).

1) is this house considered a country house? If so, is the dacha amnesty for him indefinite, or until March 15, 2015? BEFORE March 15, 2015 2) Is it possible in such an unfinished state to register it as property under the dacha amnesty? Sincerely, Alexander. YES, POSSIBLY AS AN UNFINISHED CONSTRUCTION GOOD LUCK TO YOU

A production cooperative (artel) is a commercial organization created through the voluntary association of citizens on the basis of membership for joint production and other economic activities based on their personal labor and other participation and the association of property shares by its members (participants). The charter of a production cooperative may also provide for the participation of legal entities in its activities. The procedure for the creation and further activities of production cooperatives is regulated by the Civil Code of the Russian Federation, the Law “On Production Cooperatives”, as well as the Law “On State Registration of Legal Entities and Individual Entrepreneurs”. Members of the cooperative bear subsidiary liability for its obligations in the manner prescribed by its Charter. The total number of members of a production cooperative cannot be less than 5 (five). Members of the cooperative can be citizens of the Russian Federation, foreign citizens, and stateless persons. A legal entity participates in the activities of the cooperative through its representative in accordance with the Charter of the cooperative.

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How to create a dacha cooperative

Thanks to dacha consumer cooperatives, people can use, own and manage land plots. At the meeting, the issue of creating a consumer dacha cooperative . This organization must have at least three people. Once a consumer dacha organization has been registered and is considered registered, council staff are considered accepted. The main employees of the organization are required to issue a consumer book for each employee within a few days.

a certified copy of the balance sheet;
a certified copy of the report on the intended use of funds;
certified copies of income and expense estimates and reports on their execution;
conclusions of the audit commission;
documents that confirm SNT's rights to property.

Horticultural non-profit partnership

The regulations do not establish any prohibitions on running an individual farm. However, as practice has shown, uniting people is more beneficial both for themselves and for society. In this regard, citizens voluntarily establish associations whose task is to assist participants in solving general social and economic issues. One of the most common types of such associations is a gardening partnership (SNT). This can be a large or small association of citizens. The main condition is the presence of at least three members. The Law “On Gardening Partnerships” requires their mandatory registration. It is carried out in the manner established for legal entities.

What is a dacha consumer cooperative?

A dacha consumer cooperative is an organization that is established voluntarily by citizens . She assists all participants, helping to solve complex social problems of gardening and horticulture.

According to the civil legislation of the Russian Federation, namely according to Article 11 b of the Civil Code of the Russian Federation, this is a voluntary union of people and legal entities on the basis of membership. Their main goal is to meet all the needs of the members, which is accomplished through the pooling of contributions.

The dacha cooperative is a non-profit organization. In addition to information and mandatory statutes, it also contains conditions on contributions, their composition and responsibility for violation. All decisions are made unanimously .

After the annual balance sheet is approved, members of the PC must cover the losses that were incurred in this way. If such obligations are not fulfilled, the cooperative may be removed according to the requirements of creditors. As for rights and obligations, they are determined according to the laws of the Russian Federation on dacha cooperatives.

Constituent document: features

This is represented by the charter. It is approved at the general meeting of the association's participants. Over the past few decades, the country has undergone quite a lot of significant changes. Some of them made serious adjustments to the social and economic life of the population. The changes also affected various citizen associations, including gardening partnerships. The constituent documentation of such societies must correspond to the existing situation in the country. In practice, quite often the charters of partnerships are drawn up according to a standard model.

This does not always correspond to the realities of life. It follows from this that the main document of the SNT does not contribute to improving the management scheme of the association, nor does it help to rationally manage joint property. As a result, those who have joined a gardening partnership cannot fully exercise their civil rights and fulfill the responsibilities assigned to them. In this regard, the development of a constituent document must be approached not as a formality, but with a full understanding of its importance. It must specify the conditions, procedure in accordance with which a gardening partnership is created, the rules for participants joining and leaving the association, their duties, rights, and responsibilities. Moreover, all sections must take into account the specifics of the SNT being formed and comply with federal and regional regulations.

Differences

Each type of partnership has its own characteristics, which affect the use of land, design of plots, and other issues. The name of each organization indicates the main purpose for which they are created. What are the differences between the Garden and Dacha Partnerships?

Plots of land in the Garden Partnership are more expensive compared to summer cottages.
You need to build a house on your dacha plot; you don’t have to do this on SNP areas.
Communications can also be provided to the SNP sections. But, unlike DNT, here the members of the partnership will have to pay for the project, materials, and work themselves.
Mandatory expenses in the Dacha Partnership are fees for managing the dacha village.
A country house can be transferred to the residential category, provided with the necessary living conditions, and registration in it can be achieved. It is impossible to register in the SNP, even if you have a garden house.

The abbreviations SNT and SNP, DNT and DNP are easy to confuse, but you need to have a good understanding of the differences between the decoding and the differences between the organizations themselves. Especially for those who want to purchase a plot in one of the associations.

Property in Partnerships is owned by its members; in Partnerships, everything belongs to the organization.

Control

The powers of the chairman of the SNT are determined by 66 Law of Gardening Partnerships. They are also recorded in the constituent document of the association. The general meeting of members acts as the supreme governing body. Responsible persons (board) are determined by secret ballot. At the request of a certain part of the association, the question of their early re-election may be raised. Minutes are kept at each meeting. It is signed by the secretary and the chairman. These protocols are certified by a seal and are stored permanently.

Will the law allow the transfer of garden plots to private housing construction land?

Today, entire cottage communities are being created on the lands of SNT, where there are residential buildings on each plot. Clause 12, Article 54 of Federal Law No. 217 will allow changing the status of land to “land of settlements” with permitted use for individual housing construction if the following conditions are met:

the partnership is located within the boundaries of a populated area;
All houses on the plots are recognized as residential.

In this case, members of the SNT have the right to contact the territorial administration with a corresponding application. As a result, if the decision is positive, they will be able to form an HOA and subsequently be guided by the norms of housing legislation.

But here we should take into account the other side of the issue. SNT and individual housing construction lands are taxed at different tax rates. Moreover, the second of them is much higher. Therefore, before deciding on the transfer of land to individual housing construction, you should pay attention to this. In addition, if previously they were puzzled by this in order to be able to register in a house, now, when the law allows registration in a garden house, is it worth doing?

Participants' rights

An adult citizen who owns a plot within the land of the association can join a gardening partnership. Members of the society can elect and be elected to the board. They are also given the right to independently manage their own land according to the type of permitted use. If the allotment is not withdrawn from circulation, has no encumbrances or restrictions, the owner can freely dispose of it at his own discretion. He has the right to build, reconstruct, and rebuild structures on the site.

Right: to monitor how the board of the partnership spends money

Why: this is permitted by the Federal Law on gardening, Art. 3 clause 1, art. 23, Civil Code of the Russian Federation Art. 1 p. 39 Arguments: If the plot is located on agricultural land with a temporary construction site “for gardening,” then you can build a house there no worse than in a populated area with a private housing construction site, and even use maternity capital for these purposes. The main thing is that the house meets all the characteristics of an individual house: it has no more than three floors, does not exceed 20 meters in height and is single-family. The house must also comply with local development rules - they can be found out either in the local village administration or in the district administration. They do not contradict the set of rules SP 53.13330.2019, which indicates all the distances and distances from the house to other buildings and structures, to the border with neighbors, to the red line and the road. You no longer need to obtain a construction permit; you just need to send a notification.

Right: to build a permanent residential building on a garden plot

Why: this allows Federal Law No. 498-FZ Art. 9 Arguments: The SNT charter may contain a clause prohibiting keeping pets on the site, and this will have to be taken into account. But if there is no such prohibition in the Charter, you need to be guided by the law, common sense and the quality of relations with your neighbors. The law prohibits the BREEDING of animals on lands for gardening and vegetable gardening, but you can keep a pet, even if it is a goat. You can keep a dog so that it guards the territory (but here you need a warning sign at the entrance to the site), you can get a piglet - the main thing is that it does not bother anyone, there are no unpleasant odors, noise at inopportune times, etc. But neighbors may complain about cages with rabbits or a chicken coop. Judicial practice in this matter is contradictory: sometimes the court takes the side of the rabbit breeder - after all, he kept the rabbits for himself, and sometimes he fines a dozen chickens.

Dacha cooperatives are created on the basis of membership in order to satisfy both material and other needs of all participants. Taking into account the nature of the needs, in practice they create garage, agricultural, gardening, and consumer cooperatives.

Gardening partnerships: fees

They can be membership and target. The first are formed from components, the most significant of which are considered to be the following:

Obviously, the amount of the share allocated for remuneration to the chairman and the board should be equal for all members of the SNT, regardless of differences in the size of the plots. This situation primarily follows from the equality of rights of all participants. The tax component is calculated in proportion to the area of the plots. Payment for the use of property and services should be made only by those members who actually use them. In this case, the provisions of Art. 249 Civil Code. The target contribution for the construction of infrastructure facilities for each participant is calculated in proportion to the size of the allotment. This is due to the fact that the larger the area, the higher the costs for laying roads, water pipelines, and power lines.

Responsibilities of the consumer society union

As noted above, when joining a dacha consumer or dacha construction cooperative, you must pay a certain amount as a share contribution. Accordingly, any property can be purchased with these funds. This property can be used by all participants. However, its owner is the cooperative itself as a legal entity.

Also, when joining a cooperative, you need to know that a certain part of the property can go into an indivisible fund.

Participants in a dacha cooperative are required to pay if the organization experiences a negative financial result. This requires additional fees.

If a legal entity owes money to someone, then the members of the cooperative will also have to pay the debt in amounts depending on their share.

Thus, the participants of the society have great responsibility for the activities of the cooperative. However, the location of a plot of land on the territory of a dacha cooperative does not oblige anyone to join it. A summer resident has the right to join as a member of a dacha cooperative or to run a dacha farm individually.

Residential buildings

This term was introduced by the above-mentioned Federal Law No. 66. This concept is present only in this regulatory act. The term “residential building” does not exist in the residential complex either. Attempts to change the legal status of structures on garden plots were made back in the early 90s. In particular, federal regulation No. 4218-1 provided citizens with the opportunity to convert residential buildings they own, located on garden plots and meeting the relevant requirements, into residential buildings. However, after the introduction of the Housing Code, this norm was canceled.

It should be said that the procedure for recognizing a building as suitable for living in is constantly accompanied by no less difficulties than putting the building into operation. To implement the resolution of the Constitutional Court No. 7-P, regions can adopt regulations that will regulate this process. The opportunity given to subjects to carry out legal regulation of the procedure for recognizing buildings located in gardening partnerships as residential buildings contributed to the adjustment of the procedure for simplified state registration of rights. In accordance with the order of the Ministry of Economic Development, a new declaration form was approved, which should be used for objects that do not require a permit for construction work.

Practical observations

Such associations exist in many regions. But until now, a clear legal framework has not been developed that concerns some land transactions on the territory of associations. Not many lawyers can even distinguish between SNP and DNP, or partnerships.
It is difficult to provide communications to dacha and garden villages if they were not initially included in the project. The work will entail large expenses, and you will also have to face difficulties with permitting and design.
To obtain registration in a house built on the lands of these Partnerships, you will need to prove the status of the residential building and conduct an examination to ensure compliance with all standards.
All members of the DPP pay fees for managing the village; you should be prepared for such expenses. But dacha associations more often have engineering communications.

When choosing a plot of land on the territory of SNT or DNP, you need to find out on what legal grounds the village itself was built.

State support

The authorities are ready to help all participants in gardening partnerships. First of all, the state promotes the formation of transport and social infrastructure. In particular, trade and service enterprises, sports and children's playgrounds are being created, issues related to safety are being resolved, and so on. Transport accessibility is considered one of the key factors in the development of SNT. In this regard, territorial authorities provide in support programs not only assistance in the construction of roads. The development of public transport is of great importance in terms of accessibility. Some municipalities organize special routes on which citizens can get to their sites on weekends.

No, it can’t be like that!

The purpose of the law is to provide citizens with the opportunity to register their garden plots located in SNT quickly and without red tape, but from March 2021 the houses located on them will no longer be able to be easily registered with the cadastral register.

Decorating a house under the dacha amnesty

Often such commissions issue an unmotivated refusal. When such a decision is made, the owner of the house can file a claim in court. As judicial practice shows, it is much easier to achieve recognition of a dacha as a residential building through the court.

May 13, 2021 vektorurist 165

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Will it be possible to build residential buildings on all plots?

As already noted, the new law on gardening and dacha farming has abolished the term “dacha partnership” and introduces only gardening and vegetable gardening into use. Their difference from each other lies in the possibility / impossibility of erecting permanent buildings. Thus, a horticultural plot of land is intended for recreation of citizens and/or cultivation of agricultural crops for personal consumption with the right to erect garden and residential houses, garages and outbuildings.

At the same time, a garden plot of land is intended for the recreation of its owners and/or cultivation of crops for their own needs with the right to build outbuildings that are not real estate. This means that it is now allowed to build residential buildings for permanent residence on garden plots, and only outbuildings on garden plots.

In addition, thanks to the new law on gardening and summer cottage farming, the problem of registration in country houses will be completely resolved. Since the legislator allows the construction of residential buildings on garden plots, registration in them will also be allowed.

Basic Concepts

An advertisement for the sale of a plot may use an abbreviation, the decoding of which you need to know in order to understand the features of the plot and its acquisition. Typically, agricultural land is provided for sale; this category of land is distinguished from others by the Land Code.

Some areas of this category are located close to the city or not far from other populated areas, some are at a considerable distance. Plots of agricultural land are issued to communities such as SNT or DNP , where urban residents often purchase land or receive it for free. But first you need to figure out how to decipher these abbreviations.

ATTENTION! SNT is a gardening non-profit partnership organized for gardening.

On the land of such a partnership it is possible to grow not only garden crops, but also garden crops and other agricultural plants. It is permitted to build a garden house in which one can live while performing garden maintenance work or while relaxing. But you need to remember that you cannot register in such a garden house or obtain a residence permit.

ATTENTION! DNP is a dacha non-profit partnership.

The decoding presented for the DNP or DNT indicates the purpose of use of the land plot. Just like on a garden plot, you can also build a holiday house on a summer cottage plot. Some owners even erect comfortable buildings with heating, in which you can live at any time of the year.

But you can’t register anyone at the dacha either. The only possibility is to prove the presence of all living conditions for living, in which case the house can be registered as residential real estate.

When purchasing land that has agricultural purposes and is located on the territory of SNT or DNT, one should take into account its disadvantage, such as the impossibility of registration. But if the house and land are not needed for permanent residence, it is worth purchasing them as property.

It is recommended to thoroughly study the area, infrastructure, and development prospects of the territory before purchasing. Perhaps in the future the territory of the partnership will become a suburb with well-established transport connections.

Also, when purchasing plots of agricultural land, you must always adhere to the requirements for their use.

Types and payment of membership fees

The adopted law on gardening and dacha farming provides for two types of contributions: membership and target. Membership dues will need to be paid once a year. They will be used for the acquisition and maintenance of public property, and they will be used to build and repair capital construction projects on a common site. Also, membership fees will pay for services and work on managing the general management of the gardening or vegetable farming partnership.

Targeted contributions will be directed to the implementation of those decisions that are adopted by the general meeting of members of the partnership. One of the innovations of the law on gardening and dacha farming is the establishment of purposes for which contributions will be spent, which will serve to reduce abuse on the part of the management of the partnership. Even citizens who are not members of the partnership, but who use its services and infrastructure - reservoirs, roads and barriers, will be required to pay contributions. Unpaid fees under the new “dacha” law can be recovered through the court.

An important update is that from January 1, 2021, contributions will no longer be collected in cash, as before. Summer residents will begin to receive the same receipts as city apartments, and contributions will be credited to a bank account. This was done to prevent abuse.

Disadvantages for summer residents: expert explanations

The new law will bring a lot of problems and paperwork to summer residents. Many lawyers, country real estate experts and other professionals share their opinions on the law and explain the difficulties it can bring.

Difference between gardeners and gardeners

A significant boundary is drawn between gardeners and gardeners. In accordance with the law, gardeners will be able to erect residential buildings (with a foundation) on the plots, in which they can register. Gardeners will not be able to do this. On garden plots it will be possible to erect small independent buildings that do not have a foundation: sheds, greenhouses, pavilions, bathhouses, etc.

Ownership of buildings and structures

In this regard, a problem arises: what should gardeners do who have already built a summer house on their site? As Lyudmila Buryakova, head of the public reception of the Union of Gardeners of Russia, notes, the new law will not affect already registered buildings. Therefore, it is necessary to register all buildings with a foundation now. It is also possible to transfer the partnership from a gardening partnership to a gardening partnership.

Payment of fees by bank transfer

In the coming year, it will be possible to make regular or targeted payments only by transferring funds to the bank account of the partnership. This will create certain difficulties for elderly people who do not know how to use a bank card. In addition, there will be a need to regularly travel to the nearest bank branch.

But it's not just older people who will face difficulties. Lawyer Nadezhda Loktionova notes that summer residents will have to pay a commission for the transfer, and this is an extra expense. In addition, Nadezhda emphasizes that the chairman will not be able to manage financial affairs on his own, so there will be a need for an accountant. In this regard, in 2021, membership fees will be about 1.5 thousand per month.

Individual summer residents

According to the adopted legal act, individuals are required to pay all membership and target fees along with the rest. That is, in addition to taxes, it will be necessary to pay for the general expenses of the partnership, as well as the work of self-government members. In addition, you will have to pay taxes.

Thus, persons who are not members of the SNT will pay 6% more than SNT members.

Control structures

Starting next year, self-government bodies will be elected for a period of up to 5 years (currently this period does not exceed 2 years). In addition, managers have more powers, and in controversial issues, the chairman’s voice will be decisive.

New rules for summer residents

Thus, if members of self-government are unscrupulous, the entire SNT will suffer. The partnership will be managed by various management companies. This may result in additional costs. And in some cases, membership fees will become exorbitant.

Wells and wells

Some gardeners and SNT will have to obtain a license for wells and wells. However, this procedure will be necessary in rare cases. As Almaz Khafizov, deputy director of the State Unitary Enterprise Ecosystem, notes, there are 4 conditions under which the well does not need to be registered:

the owner of the well is an individual;
it was not drilled into a centralized aquifer;
used only for personal purposes;
No more than 100 cubic meters of water rises from the well per day.

Most personal wells meet these requirements, i.e. only public wells will have to be registered.

Who can be a member of a non-profit partnership?

Only individuals can be members of a gardening non-profit partnership. Citizens who have received land by inheritance, for perpetual use or for rent, can take part in the activities of the partnership without being its members. They will have the right to participate in meetings and votes of owners on issues related to the frequency of payment and the amount of contributions. However, they will not be able to influence the organization and structural activities of the partnership.

The new law on gardening and dacha farming also regulates the procedure for expelling defaulters from members of a gardening non-profit partnership in cases where they do not pay the debt for more than two months. The decision to expel must be made at a general meeting of members of the partnership.

Do you support the changes made to the “dacha” legislation?

Advantages and disadvantages

The advantage of such organizations is that all profits are distributed among the participants, taking into account labor contributions and their size . If a person contributes a lot to the cooperative, he receives the greatest benefit.

When a cooperative is liquidated, property between members is often distributed along with labor contributions. It may be aimed at satisfying the requirements of creditors. Thus, all members have an incentive to work conscientiously and contribute to the cooperative's activities.

It is also worth noting that all members of the cooperative have the same rights and each has a vote.

As for the disadvantages, it is worth noting the difficulty in creating such an organization. As mentioned earlier, the composition should include 15 individuals and 5 legal entities. All members must take an active role in the organization, and some may find this uninteresting and tedious.