Is it necessary to rename SNT to TSN according to the new law?

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We see the abbreviation SNT on more than one real estate website. Literally it stands for gardening non-profit partnership. Before we look at how SNT registration takes place, let’s consider the essence of the organization.

This concept is often used to indicate the legal status of a land plot as a permitted use.

And here the most frequently arising questions are related, first of all, to the possibility of:

• registration at the place of residence in a house built on SNT land;
• purchase and sale of such real estate;
• construction rules, etc.

First, in more detail about the concept itself.

Legal basis

The activities of gardening and dacha non-profit partnerships are regulated, first of all, by the codes: Civil (Civil Code) and Land Code (ZK), as well as a special law - Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” ( hereinafter Law No. 66-FZ as amended on January 31, 2016).

Certain issues are regulated by the Town Planning, Administrative and Criminal Codes.

Let's turn to the Federal Law. He states the main purpose of creating such an association quite clearly: it is a non-profit organization:

• which was established on a voluntary basis by citizens to assist its participants in solving the social and economic problems of general gardening;
• which consists of members - landowners who carefully pay membership fees directed to the maintenance of public property, consisting of public land plots, a network of roads and driveways, drainage ditches, utility networks, communications and buildings, development and improvement of the territory

Citizens who own, use, or lease a plot of land can become members of the SNT.

It must undergo the mandatory state registration procedure with the tax authority and from the moment of registration is vested with the right to carry out its activities. In addition, the law dictates the mandatory use of the abbreviation SNT or its full form next to the proper name of the partnership in any official documents.

Every SNT must have its own charter (in writing) and governing bodies:

• general meeting;
• board and its chairman.

In colloquial speech, “horticultural non-profit partnership” is often replaced by “gardening”.

What do agricultural lands SNT and DNP mean?

You can also consult with lawyers online for free directly on the website. Enclosed reservoirs are, first of all, ponds of natural or artificial origin. They can serve, for example, to ensure irrigation of land, fisheries and to maintain ecological balance. For example, summer residents need a house for their intended purposes; harvested crops or tools can be stored in a hangar. Therefore, regardless of the further purpose of the land plot, summer cottage construction and the construction of outbuildings on a garden plot are permissible. This will be a permitted construction on a legal basis.

Algorithm for creating and registering SNT: stages, documents

A person who owns a plot of land intended for gardening has the right to unite with other owners of plots in the same territory and create a non-profit association. Let's talk about how to register SNT.

Procedure

The step-by-step instructions for the SNT registration procedure in 2021 have not changed at all. The registration of the new community is carried out in stages:

1. A responsible representative is determined and given the appropriate powers (the consent of all founders of the organization is required).
2. The necessary documentation is collected.

You can submit papers during a personal visit to a government institution, sending them by registered mail (the value of the letter must be established) or via the Internet (if the NPO has a digital signature).

1. Visit to the registration authority in the area where the association is located (the official will give the applicant a receipt with a complete list of documents received).

Legal registration persons (and this rule is uniform) is carried out by the Federal Tax Service. However, for gardening (dacha) partnerships - and these are non-profit organizations - this procedure is carried out by regional bodies of the Ministry of Justice of the Russian Federation. If the package is prepared properly, the solution will be ready in 3 days. It is also possible to contact the MFC.

1. Notification of registration and entry into the register or refusal (suspension).
2. Receipt of finished documentation.

In accordance with the amendments adopted by the Civil Code of the Russian Federation, from September 1, 2014, horticultural societies that were registered as legal entities at an earlier date through the Federal Tax Service branch must make changes to the Charter regarding their affiliation with NPOs and have them certified by the tax inspectorate. As of today, registration of non-profit associations is entrusted to the Ministry of Justice of the Russian Federation.

Documents for registration

By its order, the Federal Tax Service approved the application form for legal entities and the procedure for submitting documents for registration. According to the order, the gardening partnership must provide:

• form P11001 (available on the Internet);
• charter;
• transfer act or separation balance sheet (in case of reorganization);
• civil passport of an NPO representative;
• a notarized power of attorney for the representative (the managing body of the dacha partnership has the right to certify it);
• decision of the general meeting on the creation of SNT;
• a receipt for payment of the state fee (registration of SNT, like HOAs, and DNP can cost the applicant from 4 to 6 thousand rubles);
• a certificate from the Pension Fund confirming that all information necessary for the reorganization of the partnership has been submitted.

Transfer of agricultural land to SNT

Building a house in the countryside or starting a vegetable garden is actually not that difficult. But many are faced with various legal nuances, not understanding how to choose the right location for a site. And it’s not so easy to figure out abbreviations such as SNT and DNP on your own, which are full of real estate advertisements.

What do these abbreviations mean, and what is the difference between them? If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us on number 8, the call is free for all regions of Russia! The Land Code divides all lands of the Russian Federation into 7 categories, and one of them is agricultural land. It, in turn, is divided into lands that are located in close proximity to populated areas and are given over to agricultural needs, and areas that are not yet used for these purposes.

In general, the purpose of such lands is reduced to using them for DNP or SNT, that is, for gardening and vegetable gardening with the possibility of living on the site. Of all the disadvantages of running a dacha farm on agricultural land, one can note the impossibility of registration. In practice, this can be done, but only if the owner proves that all the conditions necessary for comfortable living have been created.

Also, before purchasing a plot, it is impossible to find out information about the development of this territory, as, for example, when purchasing a plot on settlement lands. The advantage of agricultural land is a small tax on the purchase of land, compared to lands that are located within the borders of settlements.

In addition, these lands can be used at your own discretion, for example, a gardening partnership, a holiday village and a personal subsidiary plot. The main thing is not to forget that the legislation of the Russian Federation has already determined the intended purpose of land, the violation of which is not permissible. First of all, you need to know that a dacha non-profit partnership can be created either on the territory of an existing settlement or on agricultural lands that do not belong to settlements.

Since the dacha partnership is a non-profit organization, it is founded taking into account all the principles for establishing such associations.

The law defines such a partnership as a legal entity. First, the members of the organization (at least three people) must decide where exactly the DNP will be located.

In addition, they must: The dacha partnership has a certain structure, including a controlling body - a meeting of members of the dacha. The financial activities of the organization are checked by the audit commission.

Participants in a dacha partnership have the right to resolve the following issues:. This is a type of non-profit organization for the establishment of which they use the same categories of land as for dacha partnerships. But the purpose of such an association is not dacha construction, but gardening and vegetable gardening. Therefore, SNT lands are usually more fertile and located in ecologically clean areas. To register a garden partnership, the same conditions are required as for a dacha partnership.

Three people will be enough for such a partnership to be created according to all the rules. The organization must have its own charter, membership, minutes of the meeting and a receipt for payment of fees. In this case, the participants of the gardening partnership must elect a chairman of the board at a general meeting. In fact, the difference between these two types of agricultural land use is not great. But it is there: And this must be taken into account when choosing one of these two associations.

If there is no need to build a house, you can safely choose SNT, but more comfortable living conditions are provided by dacha non-profit partnerships. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. Contents of Agricultural Land: purpose, pros and cons Dacha non-profit partnership: what it is and what it is intended for Garden non-profit partnership: what it is and what it is intended for The main differences between SNT and DNT.

Privatization of land for a private house. How to convert agricultural land into residential land.

This is important to know: The adjacent territory of an apartment building according to the housing code

How is the registration decision made?

Three days after submitting the application from the NPO, the authorized body makes a decision.

If an entry about the partnership is made in the Unified State Register of Legal Entities, an extract from it is issued, as well as about registration and state registration, a certified copy of the charter, then SNT is officially registered.

But there are a number of reasons that may be grounds for refusal of registration. This:

• inaccuracies and errors in documents;
• violation of the statutory deadline for filing an application;
• errors in financial statements;
• not all founders have consented to register the partnership as an economic entity;
• documents were submitted to the wrong branch of the registration authority;
• there are no founders, board members and participants in the gardening partnership;
• absence of a court decision on a third party’s claim regarding the activities of the garden association or its reorganization.

Refusal to register a legal entity must be reasoned. And the decision sent to the applicant within 24 hours of its approval must contain a complete list of identified violations that require elimination.

Within a month, the applicant has the right to submit documents again.

Please note that Federal Law No. 129 of 08.08.01. provides the applicant with the opportunity to appeal in court the decision of the registration authority to refuse within a period not exceeding three months from the date of its delivery.

SNT on agricultural lands and farmland

Building a house in the countryside or starting a vegetable garden is actually not that difficult. But many are faced with various legal nuances, not understanding how to choose the right location for a site. And it’s not so easy to figure out abbreviations such as SNT and DNP on your own, which are full of real estate advertisements. What do these abbreviations mean, and what is the difference between them? If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us on number 8, the call is free for all regions of Russia! The Land Code divides all lands of the Russian Federation into 7 categories, and one of them is agricultural land.

Special cases

1. Persons who own a garden plot and become members of the relevant partnership have the legal right not to register this association. They must understand that the laws that apply to gardening partnerships do not protect their rights.

Only an association formed using voluntary membership fees from its participants is subject to registration with Rosreestr.

1. Choice of taxation system.

Every SNT, as a full-fledged legal entity, determines for itself how it will conduct business activities. It must be registered with the Federal Tax Service and has the right to independently choose the taxation regime. The number of documents when maintaining accounting depends on whether it is a general mode or a simplified one.

Types of permitted land use or what are individual housing construction, private private plots, DNT and SNT?

When choosing a plot of land to build a future home, the buyer will inevitably be faced with a number of terms that he may have never heard of before. Let's say you wanted to buy a plot of land. You may even have your eye on several options. When choosing a site, it is important to pay attention to the category of land on which it is located. The fact is that, for example, only two categories of plots are suitable for the construction of a country house - residential land and agricultural land, which, in turn, are divided by type of permitted use.

Land for free - but until 12/31/2020

If the SNT property has a vacant plot, then a member of the SNT can apply to the Board to provide ownership of such a plot of land. By decision of the meeting, he can receive such a plot for free, but only until December 31, 2020.

The problem is that today about 50% of SNT have still not carried out land surveying, and it is unknown how this principle will be implemented in practice. In the Unified State Register of Real Estate there is no data on the surveying of such SNT boundaries, but there is the right to issue free land plots that have a vacant status. It is unlikely that this procedure will be extended after 2021, because... this year will be the last for the launch of some articles of Federal Law-218 on the cadastre. There is also no point in making exceptions, since again all the laws will have to be redone. Although, in Russia, legislation is often changed, and it is quite possible that the deadlines for the free issuance of land for citizens who are members of the SNT will be extended. In any case, there is no consensus among legislators and those who lobby laws on gardening and vegetable gardening.