Who owns public land in SNT? Is it possible to register it as property? Can the chairman close the barrier if I don’t pay my dues? LLC Profitable Lands

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Today we’ll look at who, how and when can get free ownership of a plot of land in SNT (which is a type of partnership of real estate owners) without bidding.

Brief excerpt:

Who are the members of SNT
When - before March 1, 2022
How - Joining a member -> General meeting with a decision to allocate a plot to a given member -> Submitting an application to the administration -> Submitting documents to Rossreestr -> Receiving an extract from the Unified State Register of Property.

The legislative framework

Documentation:

Federal Law of October 25, 2001 N 137-FZ “On the implementation of the Land Code of the Russian Federation” (with amendments and additions). In it we are interested in clauses 2.7 and 2.9 of Article 3.
Federal Law of July 29, 2021 N 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.”

Article 3, paragraph 2.7 of Law 137-FZ

Until March 1, 2022 , members of non-profit organizations created before January 1, 2021 for gardening, vegetable farming or summer cottage farming, and members of horticultural or vegetable gardening non-profit partnerships created through the reorganization of such non-profit organizations have the right, regardless of the date of joining the specified non-profit organizations acquire a plot of land intended for gardening, horticulture or summer cottage farming, without holding an auction for ownership, free of charge, if such a plot of land meets the following conditions in total :

a land plot is formed from a land plot provided before the entry into force of this Federal Law for the conduct of gardening, vegetable gardening or summer cottage farming to a non-profit organization specified in paragraph one of this paragraph, or another organization under which such a non-profit organization was created or organized;
by decision of the general meeting of members of the specified non-profit organization on the distribution of land plots between members of the specified non-profit organization or on the basis of another document establishing the distribution of land plots in the specified non-profit organization, the land plot is distributed to this member of the specified non-profit organization;
the land plot is not withdrawn from circulation, limited in circulation, and no decision has been made regarding the land plot to be reserved for state or municipal needs.

If the land plot specified in paragraph two of this paragraph relates to public property, the specified land plot, until March 1, 2022, is provided free of charge into the common shared ownership of the owners of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs , proportional to the area of such land plots.

If the land plots specified in paragraphs two and five of this paragraph are reserved for state or municipal needs or are limited in turnover, they are provided to a member of the non-profit organization specified in paragraph one of this paragraph, or for lease with a plurality of persons on the tenant's side to land owners plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs. In this case, the amount of rent is determined in an amount not exceeding the amount of land tax established in relation to such a land plot.

Article 3, paragraph 2.9 of Law 137-FZ

In the case provided for in paragraph 2.7 of this article, the provision of ownership or lease of a general purpose land plot is carried out on the basis of a decision of the executive body of state power or local government body provided for in Article 39.2 of the Land Code of the Russian Federation, an application from the owners of land plots located within the boundaries of the territory of jurisdiction citizens of gardening or truck farming for their own needs, specified in paragraph five of clause 2.7 of this article. Attached to such an application is a diagram of the location of the land plot on the cadastral plan of the territory, prepared by the applicant (applicants). Submission of this diagram is not required if you have:

an approved project for surveying the territory within the boundaries of which the land plot is located, or a project for the organization and development of the territory, or a description of the location of the boundaries of such a land plot in the Unified State Register of Real Estate;
extracts from the decision of the general meeting of members of the non-profit organization specified in paragraph one of clause 2.7 of this article on the acquisition of a general purpose land plot into the ownership of the owners of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs;
constituent documents of the non-profit organization specified in paragraph one of clause 2.7 of this article.

Information on title documents for a land plot provided to a non-profit organization specified in paragraph one of clause 2.7 of this article is requested by the executive body of state power or local government body provided for in Article 39.2 of the Land Code of the Russian Federation, in the federal executive body authorized for state registration of rights on real estate and transactions with it, if such information is contained in the Unified State Register of Real Estate (in other cases, the specified information is requested from the applicant).

Joining SNT

To qualify for a plot, you must officially become a member of the SNT. To do this, you must submit a corresponding application to the board and at the general meeting you must be included in the list of members. The day of admission to membership of the partnership is the day the corresponding decision is made by the general meeting of members of the partnership. Each member of the partnership, within three months from the date of admission to the partnership, by the chairman of the partnership is issued a membership book or another document replacing it, confirming membership in the partnership.

The application for membership shall indicate:

surname, name, patronymic (last - if available) of the applicant;
the applicant's place of residence;
postal address at which the applicant can receive postal messages, except for cases where such messages can be received at the address of residence;
email address at which the applicant can receive electronic messages (if available);
the applicant’s consent to comply with the requirements of the partnership’s charter.

Attached to the application are copies of documents on the rights to a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory.

Land surveying of public lands SNT

You cannot do without the services of surveyors when creating a site as such. We are talking about receiving an allotment on empty land. Considering that houses and outbuildings will be built on this territory, it is necessary to take accurate measurements so as not to build a permanent cottage on the site of a future neighbor.

Certificate of ownership of the plot.

A paper on the history of the emergence of such rights. This may be a certificate of inheritance of land, a resolution of the local (city/town/district) administration, an agreement of gift, exchange, or purchase and sale.

Allotment scheme, issued and certified by the board of the dacha cooperative.
A certificate from the relevant companies stating that no power lines, gas or oil pipelines pass through the site.

How to organize a meeting

The general meeting is valid if more than fifty percent of the members of the partnership or their representatives are present at the said meeting. It can be regular (at least once a year) or extraordinary (Article 17, paragraph 5 and 6 of Federal Law No. 217).

If the wait is not long before the annual meeting, then the issue of providing a site is raised there. Otherwise, an extraordinary meeting must be convened.

In accordance with 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs”, Article 17, paragraph 7, an extraordinary general meeting of members of the partnership must be held at the request of:

board of the partnership;
audit commission (auditor);
members of the partnership in the amount of more than one fifth of the members of the partnership (PS: Members of the partnership have the right to receive the specified extracts within thirty days from the date of submitting an application for an extract from the register of members of the partnership to the board of the partnership).

An extraordinary general meeting of members of the partnership can also be held at the request of the local government body at the location of the horticulture or truck farming area.

Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:

sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
posted on the website of the partnership on the Internet information and telecommunications network (if available);
placed on an information board located within the boundaries of the gardening or vegetable gardening territory.

The requirement to hold an extraordinary general meeting of members of the partnership must contain a list of issues to be included in the agenda of the extraordinary general meeting of members of the partnership, and may also contain proposed decisions on each of them.

The demand is delivered personally to the chairman of the partnership or sent by registered mail with acknowledgment of delivery to the chairman of the partnership or to the board of the partnership at the location of the partnership.

The board of the partnership, no later than thirty days from the date of receipt of the request, is obliged to ensure the holding of an extraordinary general meeting of members of the partnership. In case of violation of the deadline, the audit commission (auditor), members of the partnership, local government body have the right to independently ensure the holding of the meeting.

Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:

sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
posted on the website of the partnership on the Internet information and telecommunications network (if available);
placed on an information board located within the boundaries of the gardening or vegetable gardening territory.

A notice of a general meeting of members of the partnership may also be published in the media.

The list of issues to be considered at the general meeting of the members of the partnership, the date, time and place of the general meeting of the members of the partnership must be indicated. The inclusion of additional issues in the specified list directly during such a meeting is not permitted.

Decisions of the general meeting of members of the partnership are documented in a protocol indicating the voting results and attaching to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of members of the partnership are signed by the chairman of the general meeting of members of the partnership.

Absentee voting is not permitted unless otherwise provided by this Federal Law. In 2020, absentee voting is possible , regardless of the presence of such voting in the charter in accordance with the Federal Law of July 31, 2020 N 307-FZ “On amendments to Articles 17 and 54 of the Federal Law “On the conduct of gardening and horticulture by citizens for their own needs and on introducing amendments to certain legislative acts of the Russian Federation.”

When a high alert or emergency situation is introduced throughout the Russian Federation or in part thereof, decisions of the general meeting of members of the partnership may be adopted by absentee voting on issues falling within the exclusive competence of the general meeting of members of the horticultural or vegetable gardening non-profit partnership, regardless of whether they are included in the charter partnerships for absentee voting.

Adopting a decision at the general meeting of members of the partnership by absentee voting does not imply in-person discussion of the issues on the agenda of such a meeting and is carried out by summing up the voting results of the members of the partnership who, before the day of such general meeting, sent their decisions in writing on the issues on the agenda of the general meeting of members of the partnership to its board.

Use of public land in SNT

they are not covered by the so-called “Dacha Amnesty” (simplified privatization procedure);
according to the Federal Law “On Gardening Associations of Citizens”, land that is public property is transferred to SNT free of charge;
The Land Code does not limit SNT members on the terms of use of plots.

Citizens have the right to contact members of the SNT board with a request to allocate land for temporary use. In his application, the citizen must indicate the purposes of use, the period for which the land will be needed to implement the assigned tasks (no more than a month). Typically, the SNT charter contains a requirement for prior notification of members of the partnership of their desire to use the site at least two weeks to a month in advance.

What issue should be on the agenda?

On the possibility of distributing a plot of land in SNT “___________” (name) for gardening with an area of ____ (indicate the area) sq. m. m. in accordance with the layout of the land plot on the cadastral plan of the territory (attached) to the member of the partnership _________________________ (last name, first name, patronymic), ___________________________________________ (details of identity documents).

It is drawn up in the form of minutes of the meeting, which are signed by the chairman of the meeting and the secretary of the meeting.

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