Certificate of ownership of the land plot. Certificate of ownership of land

How to register a garden plot under the right of acquisition prescription

This is apparently the whole problem. At one time, we did not draw up an agreement and did not take a receipt, since this was a very close work colleague, and everything was based on trust. We didn’t expect that everything would turn out like this, everyone was going to go and re-register, and since she fell ill, it was inconvenient to bother the person. We only have a letter from her that she is in very bad condition, and as soon as she gets better, we will definitely go and re-register. And then she died. But she managed to give us the documents. And there is only one document, only an act of transfer of land and a garden book. I realized that it needs to be applied, but we are still in court.

a diagram of the location of the land plot on the cadastral plan of the territory, prepared by the specified person. Submission of this diagram is not required if there is an approved land surveying project for the territory within the boundaries of which the land plot is located, a project for the organization and development of the territory of this association, or if there is a description of the location of the boundaries of such a land plot in the Unified State Register of Real Estate;

Document confirming membership in SNT

1 Member of SNT, NP, DNP, exclusion, entry
2 Application for joining a gardening partnership in 2019, founders of a gardening partnership, membership fees, required documents | Land expert
3 Membership in SNT: procedure for obtaining membership, who can be a member

Important news for 2021: the procedure for admission to membership has been changed (217-FZ).

How to prove that you are a member of SNT, DPP, NP? And that ownership of the land is yours?

This question often arises if a plot of land was allocated in the nineties of the last century. A membership book was issued, perhaps there was a protocol on admission to membership in the organization. Over time, the chairmen changed, and the uncultivated plot of land, where the owners did not appear, was redistributed to other citizens.

The danger of a dispute over membership and land ownership also arises if general privatization was carried out according to lists (privatization into collective shared ownership) or privatization according to “white” certificates of 1992-1993.

The following conclusion can be drawn from the practice of our court cases.

Even if there is a certificate of ownership from 1992-1995, today's bona fide user can be recognized as the owner of the land plot in court.

Everything depends on the evidence, on the documents, on the actual legal relations. When a lawyer begins to prepare a court case, every little thing (as some people think) is very important.

And the judges are very attentive to the evidence presented.

And the fact that, for example, in 1992 a certificate of land ownership was received, which was not registered with certain authorities, is a big minus for the old owner.

But such citizens do not sue. They are confident that they have property. Therefore, new land users can prove the opposite in court.

But it is possible to say unambiguously who the owner is - the old or new land user - only after reading the documents.

Expulsion from SNT members

If you are excluded:

a) the plot is not privatized . If you were expelled from the SNT members (and perhaps for a very long time), but you did not know about it, there is an opportunity to fight in court for your land plot.

To resolve the issue on the merits, many circumstances are important: whether membership and target fees have been paid, whether the site has been developed, whether the boundaries of the site have been established, whether there are significant reasons for your long absence from SNT, whether you lived at your place of registration, etc.

b) the plot is privatized . That is, in ancient times, a resolution was received on the transfer of a land plot, for example, according to lists, into collective shared ownership.

It would seem that property was “born”.

But not always! We have the opposite decision: by a court decision, property rights were awarded to a “new” land user, who a long time ago (after the exclusion of the previous owner) was accepted as a member of the SNT.

Or there may be an affirmative decision to recognize the ownership rights of the “old” member of the SNT. Various pieces of evidence also influence this decision.

We have had several court cases to reinstate membership in the same horticulture.

It would seem that all the documents are of the same type, the chairman follows the rules for everyone - the same way... But everyone’s situations are different, and the outcome of court cases is different.

Of course, a lot depends on the experience of the lawyer and on the documents that will be prepared as evidence.

If you are denied privatization because the plot is listed as belonging to an “old” member of SNT

Judicial practice on these issues is very different. For example, we have decisions both in favor of the “old” and in favor of the “new” members of the SNT. The legislation has changed many times. And throughout the years there have been various rules, regulations and laws.

Depending on the date of renewal of the membership book, documents (protocols, applications, etc.)

), the presence or absence of state registration of government decisions on the transfer of a land plot (especially when registering collective shared ownership of land) and other factors, a lawyer can use various ways of evidence to protect the interests of his client. Our experience in such disputes is more than 10 years.

Joining SNT, DNP by inheritance

If the land plot and/or house were not owned by the deceased citizen (testator), it is possible to prove the rights to the dacha and land, but it is not always easy.

“Advanced” chairmen refuse admission to SNT membership on the grounds that 66-FZ, and now 217-FZ, states that “owners” can become members.

And, if there is no property, then there are no documents that can be brought to the chairman, and then ask the general meeting to accept the heir as a member of the non-profit organization. 217-FZ is even more categorical; there are fewer grounds for admission to membership.

To resolve this issue, the following documents are needed:

death certificate of the testator;
the testator's membership book or certificate of membership, or an extract from the protocol;
documents on family relationships.

Based on these documents, the lawyer makes a number of requests, creates a package of documents and helps to formalize the inheritance through a notary (unlikely) or judicial procedure.

With the document on the heir's rights to inheritance born in this way, the chairman is obliged to include the new copyright holder in the applicants for membership, putting on the agenda the issue of accepting the citizen as a member of the SNT and holding a vote on his candidacy at the general meeting.

Source: https://ag-apart.ru/dokument-podtverzhdayuschiy-chlenstvo-v-snt/

On recognition of ownership of a land plot in SNT

By virtue of Part 2 of Article 28 of the Land Code of the Russian Federation, the provision of land plots in state or municipal ownership to the ownership of citizens and legal entities is carried out for a fee. The provision of land plots into the ownership of citizens and legal entities can be carried out free of charge in cases provided for by this Code, federal laws and laws of constituent entities of the Russian Federation.

Having assessed in accordance with Art. 67 of the Code of Civil Procedure of the Russian Federation, the evidence presented, the court comes to the conclusion that the land plot occupied by SNT "Romashka" was provided for vegetable gardening by SOT "Romashka" before the entry into force of the Federal Law "On horticultural, gardening and dacha non-profit associations of citizens", the boundaries of the land plots of SNT "Romashka" were agreed upon in the prescribed manner, the plaintiff has been a member of the partnership since 1993, she was provided with a plot of land for gardening, located within the boundaries of SNT "Romashka".

Certificate of membership in SNT sample

In accordance with the assignment of the Supreme Court of the Russian Federation, the Ulyanovsk Regional Court summarized cases related to the resolution of disputes involving horticultural non-profit partnerships, considered by district city courts and regional magistrates over the years. In total for the period

Of the total number of cases considered, civil cases were considered on the merits with a decision; proceedings in the case were terminated due to the plaintiff’s refusal of the claim; in 5 cases, applications were left without consideration. By category, disputes involving horticultural non-profit partnerships SNT for the city.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Statement (complaint, proposal) to the chairman of the SNT, DPP (or the organization as a whole)
How to register ownership of a land plot using a gardener’s membership book
On the obligation to issue a certificate
Certificate of membership in SNT
SNT certificate, form and what it looks like
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Execution of income and expenditure estimates for the year.

Statement (complaint, proposal) to the chairman of the SNT, DPP (or the organization as a whole)

What does a certificate of membership in the SNT look like indicating the site and owner. Each SNT has its own form. Contact yours and they will show you. I bought land in St. The membership agreement was not concluded by the chairman, who demands that I join and then leave the SNT in order to receive a certificate that I am not a member of the SNT. Can I get a certificate without these steps? Yes, you have the right to receive such a certificate without joining the SNT.

Based on the issued certificates, citizens went to court and received a cloud of decisions without appearing in court to recognize land ownership. Registered with Rosreestr, some were sold.

There are no public lands in SNT now. Ug aroused in relation. Neust circle from among the guidelines for Part.

How to protect the rights of gardeners in civil court? Good time! Go to court to establish an easement if it is necessary to ensure access to the plots.

It is unlikely that ownership will be challenged in a civil court before the investigation is completed. What to do if the chairman of the SNT refuses to provide a certificate of membership in the SNT indicating the site number, demanding to pay a personal contribution for the improvement of roads.

Membership fees have been paid in the city. I want to buy a plot of land in SNT, the owners have a certificate of ownership of the old-style land, city.

Is it possible to register a plot in my name? Available: Boundary plan, act of approval of the location of the land boundary, certificate of membership of the Medic partnership. Subsequently, you will need a passport for your home.

Contact the cadastral chamber and receive a passport and sufficient documents. Land Cadastral Chamber for the Vsevolozhsk district of the Leningrad region Address: , city.

Vsevolozhsk, st. Zavodskaya, village Dear Vitaly Pavlovich.

For registration in the Vsevolozhsk region: agreements for the purchase and sale of apartments and houses, agreements for the donation of apartments and houses, agreements for the exchange of apartments and houses, for an apartment, a house acquired as a result of participation in shared construction, accounting for a newly created individual housing construction object, individual housing construction, provision documents to judicial authorities, pledges in banks and credit organizations, mortgages, provision of documents to insurance organizations, execution of inheritance rights, receipt of inheritance, lease agreements, registration of real estate as a contribution to the authorized capital, putting on the balance sheet or revaluation of fixed assets of enterprises, implementation of procedures bankruptcy and other transactions with real estate in the Vsevolozhsk region require a cadastral passport.

The cadastral passport is issued at the Vsevolzhsky department of the cadastral chamber, st. Zavodskaya, 6. You need to contact the BTI, they should issue you a cadastral passport. Reviews of lawyers within 24 hours. Certificate of membership in SNT.

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How to register ownership of a land plot using a gardener’s membership book

For study, the regional court received cases considered by the district city courts of the region during the above period.

The regional courts had no difficulties in determining jurisdiction over this category of cases.

During the period under review, the courts of the Penza region considered 2 cases on disputes regarding membership in horticultural non-profit partnerships, with a decision being made in 1 case. Of them,.

On the obligation to issue a certificate

What is the validity period of the SNT membership certificate? Good day. So the certificate may have different deadlines depending on where it is required. In any case, the approximate validity period is one month. What does a certificate of membership in the SNT look like indicating the site and owner. Each SNT has its own form.

In the name of the Russian Federation. Oktyabrsky District Court of Saratov, consisting of: Saratova Parshina S. Kruk E.

What is SNT?

Officially, it is called a gardener’s membership book, but each partnership has its own form of this book.

Members of any partnership use their land plots on the right of perpetual use or lifelong inheritable ownership.

Such plots can be registered as a property free of charge without purchase from the administration and without establishing the exact coordinates of the boundaries - p. But you will still need to contact the administration with a request to provide ownership of the plot - p.

Certificate of membership in SNT

Any applications must be drawn up in the form and contain all data important for such an application. Here is an example of a letter application to SNT.

The facts that the applicant wants to convey to the chairman of the board, with dates of events and evidence.

Together with him, my wife and two children are included in the membership book, taking into account which a plot of land measuring 15 acres was provided. Now my husband and I are divorced.

To read Project 47 without intrusive advertising from the hosting provider hanging from all sides, download the entire site in a zip archive. After unpacking the archive, start with the index. Project

The SNT meeting is moved from Electricity Tariffs from July 1 of the year for SNT in the Moscow region. I am selling 2 houses on a plot of m2 6. Ivashkovo, Sergiev Posad district. When purchasing a plot of land in SNT “Zodiac”, in order to avoid problems when using the SNT infrastructure, check the debt on the garden plot with the administration! Power of attorney for the meeting.

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How can I get him to pay me money? If I nevertheless go to court with a claim, won’t a decision be made to, say, pay 100 thousand rubles a month for 10 years? If he is expelled, who will pay the money? Got married and now divorced. What will happen to the apartment?

Title page of the TSN Charter (sample) with registration marks MEMBERSHIP IN A PARTNERSHIP OF REAL ESTATE OWNERS. Help calculating the cost of connecting to a power line in SNT.

Nitocris, this is not libertarianism at all, but socialism at its worst. People, let's write to him on Facebook. Let this nit know our opinion about this nonsense. Yes, indeed, “every people deserves its own ruler.” It's not there.

It seems that this tax will start in 2024. I looked through Law 8487 and didn’t find anything like that, maybe I misunderstood something. So something similar was accepted or .

Sometimes the payment method includes a portion of the amount, so be sure to discuss payment options with an attorney before signing a payment agreement. Free legal consultation online.

They completely refuse to show me all the materials on the case: only the back of the explanation, where it is not written in my hand: I agree to register the child with the PDN. At the KDN they wave a paper with a stamp in front of my nose, where it is written that not a single student of school 1508 is registered with the KDN, but they refuse to provide me with this data under the pretext of the absence of some unknown request.

What has been done: Letters have been sent to the Department of Internal Affairs and the Control Department at the Administration with a request to explain the actions of the employees. Are the actions of the police officers and the Inspectorate for Minors Lawful?

Thank you for giving people the opportunity for free consultation. My girlfriend and I have a very difficult situation in our relationship.

VIDEO ON THE TOPIC: Office work in SNT or what documents SNT should have.

Source: https://club-lukojl.ru/sudebnoe-uvedomlenie-po-pochte-kak-uznat-otkuda/spravka-o-chlenstve-v-snt-obrazets.php

REVIEW of the Presidium of the Supreme Court of Russia dated July 2, 2014

The district court's decision satisfied the claims. In this case, the court proceeded from the fact that the very concept of a membership fee is based on membership in the partnership, its size must be determined by the number of members and the equality of their rights and cannot depend on the size of the plot used or owned by a member of the partnership.

However, the circumstances related to whether the meeting of TLPH made a decision to use the common property of the partnership - a land plot owned by TLPH, for the construction of a road as an independent piece of real estate or to transfer this land plot into the ownership of the plaintiffs, were also not examined by the court.

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Why can’t I register this plot of land as my property? Answer: most garden plots were provided on a lease basis or on a temporary use basis in order, firstly, to give citizens the opportunity to grow the food they needed for survival, and secondly, to quickly and without compensation for the cost of property withdraw the land after harvesting.

Currently, some of these sites are owned by the Russian Federation and are not subject to privatization.

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They can be rented. If the garden plot has been built up, then the structure may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.

4. If the partnership is non-profit, does this mean that I do not have to pay fees?

Answer: Non-profit organizations are organizations that do not have profit as the main purpose of their activities, but this does not mean that non-profit organizations do not carry out any economic activities.

Everything you need to know about privatizing a garden plot

The price is determined in accordance with the minimum tax rate in a particular area. It may also change over time. The starting point remains the date of filing the application, which is reviewed by Rosreestr within two weeks. If the issue is resolved in court, the cost may be slightly reduced.

In March 2021, the Land Code was supplemented with new norms. They affected citizens who have land in SNT and a dacha cooperative. According to the innovations, the dacha amnesty, which was scheduled to end in 2015, has been extended. Currently, you can apply until 2021.

The chairman refuses to issue a certificate stating that I am not a member of the DPP

December 15, 2021, 18:54 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.

Lawyer, Izhevsk Chat Hello, once again, you have in your hands an agreement, if I’m not mistaken, on gardening on an individual basis.
Attach it to your application to the energy sales office. 15 December 2021, 19:13

Connecting to power grids in SNT: do power engineers have the right to demand from an “individual” a certificate stating that he is not a member of a gardening partnership?

05/21/2019 Light / Problems of gardening partnerships Under what conditions are electrical networks required to supply electricity to a site that is located within the boundaries of a gardening partnership, but whose owner is not a member of the SNT?

Or maybe the electrical networks are owned by DNP, then for a technological connection to them. We are obligated to connect the consumer. Best regards, Andrey December 15, 2021, 6:58 pm Was the lawyer’s response helpful? + 0 — 0 Collapse Client clarification Andrey, thank you for the information!

This situation is not clearly defined in the legislation. Blurry formulations give rise to conflicts. To confirm this, there is a story from the Nizhny Novgorod region. In addition to the list of documents prescribed in the legislation on technological connection, Nizhnovenergo, the local power grid, demanded from the applicant a certificate stating that he is not a member of the gardening partnership.

Is this legal or not? The owner of the site thought it was illegal. And he turned to the regional board of the Federal Antimonopoly Service for help in defending his interests.

Having examined the case, it declared the actions of the energy workers illegal. Antimonopoly officials demanded that Nizhnovenergo abandon the requirement to provide a certificate of “non-membership” in SNT, and also imposed a fine of 300 thousand rubles on energy workers for violating the requirements of the legislation on technological connection. Energy workers, however, promise to challenge this decision.

Nizhvnoenergo refers to the Technological Connection Rules, which stipulate that in the case of connecting SNT facilities or its members to the power grid, an application for the service must be submitted by the association itself or its representative.

If we are talking about technical connection of citizens conducting gardening activities on the territory of the partnership on an individual basis, the application for technological connection is submitted to the power grid organization directly by this person. Nizhnovenergo promises to challenge the decision in court. Sources: Share Name Email Comment Security code Publish

How to sell a plot in a gardening partnership

Article 4, citizens who wish to exercise their right to own and dispose of a garden, vegetable or dacha plot are granted the right to create voluntary associations in the form of:
cooperative;
non-profit partnership. Of all the above forms of property ownership, the form of gardening partnerships is in greatest demand.
Article 30 of Federal Law No. 82 “On Public Associations” legislatively assigns to public organizations, which are also legal entities, the right to own land, buildings and structures, equipment, transport, cash, shares, other securities and property.

Participants in a dacha cooperative who have paid their share in full for the dacha receive ownership rights to it.
Acquisitive prescription. If the garden plot is not state or municipal, but its land user, not being its legal owner, but who has been conscientiously cultivating the plot for more than 15 years, receives ownership of it.

Documents for heirs

And what documents might be required if a citizen is dealing with an inheritance?

You must bring to the notary:

cadastral passport of the plot (optional);
recipient's identity card;
death certificate of the testator;
receipt of payment of state duty;
documents indicating relationship with a citizen.

A statement of the established form (consent to inheritance) is written on the spot, in free form. What's next?

The second stage is an application to Rosreestr or the registration chamber. The certificate of land ownership is issued there in the original or in the form of a duplicate.

The citizen brings with him:

application for amendments to the cadastral passport;
identification;
a certificate from a notary stating the acceptance of the land as an inheritance.

That's all. After a few days (usually no more than 5 business days, excluding the day of filing the application), you can take an identity card and apply to Rosreestr for a certificate of ownership of the property.

When selling a dacha, do you need a certificate from the chairman?

Documents for the dacha At the moment, you can live in the dacha either by registering it as your property or without completing this action. But in the latter case, some restrictions will be introduced, mainly relating to transactions that will be carried out with the participation of the allotment. The document that confirms full ownership must indicate such aspects as:

Well, let it be, so we will definitely be aware of the change of owner. In addition, I talked about a fairly simple method of “monitoring” using the free services of Rosreestr, in this case “Reference information on real estate objects online.” We enter the cadastral number of the land plot of interest, select the Unified State Register and look at the entry number in the Unified State Register and its date. We compare it with what is in your files (we have copies of certificates of ownership, we keep a list of members in electronic form indicating the details of the certificates), and if it differs, we order an extract from the Unified State Register for money, and find out the full name of the new owner.

State affairs

If you want to register ownership of a municipal plot, you will have to worry about it in advance. How exactly? First, land use rights must be secured. For example, enter into a social rental agreement. Then an application is written to the city administration for the purchase and privatization of the property. For this you need:

cadastral passport of the plot;
documents on the survey carried out;
results of geodetic work;
document justifying the use of the site;
certificate of ownership of the applicant's property;
application of the established form;
certificate of income of the person (optional).

If yes, then:

military ID;
divorce/marriage certificate;
children's birth certificates.

Once the buyout is approved, the money is deposited and the city administration issues a certificate of receipt of the funds. It will come in handy.

with ID;
cadastral passport for land;
a receipt from the state;
a document that established the rights to use real estate.

As in all previous cases, it is enough to write an application and receive a certificate at the specified time.

A court case on recognition of ownership of dacha land through acquisitive prescription

It happens that a member of a gardening partnership has been using his plot since “time immemorial,” but according to the documents it does not belong to him. This is what happened with gardener K, who applied to the Registration Center. At the meeting, she explained that she had been using the plot for more than 18 years, was accepted as a member of SNT, paid dues, but that the plot was not hers - she only found out this year, when SNT hosted land surveying. The gardener turned to the chairman of the SNT with a question about why a certain L. is listed as the owner of this land plot. The chairman of the SNT explained that the land plot was provided in 1993 into the ownership of L., however, due to the fact that the plot was not used by her, in 1997 the careless L. was expelled from the garden society, and the gardener K was accepted as a member of the SNT. , the site was accordingly assigned to her.

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K. owned the garden plot of land without concealment, without hiding from anyone the fact that this plot was in her possession, the said possession is open. Since K. has owned the plot since 1997, and during the specified period her possession of the land plot did not cease or be interrupted, then the specified possession is continuous and exceeds the period of 15 years. It is important to note that annually, as a member of the SNT, she pays membership fees and incurs other expenses for the maintenance of the above-mentioned land plot. At the same time, K. owns this land plot as his own, in the absence of any contractual obligations.

Protection of property rights

In the described case, the neighboring plot is not privatized, and therefore belongs to the state represented by local authorities. The foundation on it is probably not registered as a building and its plan has not been approved by the architectural authorities, and therefore it is still only property that does not give rise to ownership of the structure. Based on all this, the most optimal solution to this issue would be to find the old owner who abandoned his plot, negotiate with him about the purchase of the foundation, then, at the request of SNT, it is necessary to resolve the issue of privatizing the vacant plot for a fee or free of charge with local authorities. If you do otherwise, problems may arise in the future with the owner of the foundation.

The dispute may be considered by the court if a peaceful way to resolve the issue is not found. At the same time, one should remember about the three-year limitation period, which is calculated from the day when the citizen learned or should have learned about the violation of his right. The claims consist of reclaiming a plot of land from someone else’s illegal possession and invalidating the title documents of the owner of the adjacent plot insofar as it relates to the ownership of someone else’s land .

Certificate from the chairman of the council confirming the fact of acceptance of the plot as an inheritance

2. It is recognized, until proven otherwise, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: has taken possession or management of the inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties. Sincerely. Vasiliev Dmitry.

February 29, 2021, 03:08 pm Was the lawyer’s response helpful?

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Goryunov EvgeniyLawyer, Ivanteevka
1. 3119 reviews
6149 replies

Please explain, was the plot registered in the name of the grandmother (registered in Rosreestr or in the BTI)? As I understand it, an inheritance case has been opened, so what is needed is not a certificate, but documents confirming the grandmother’s ownership.

About land ownership in a garden partnership

A prerequisite for recognizing a premises as residential is its isolation. Those. the premises cannot be residential, located in the waiting room of the station. Another sign is the classification of the premises as real estate. The concept of real estate is enshrined in Article 130 of the Civil Code of the Russian Federation, according to which real estate includes land plots, subsoil plots and everything that is firmly connected to the land, that is, objects the movement of which is impossible without causing them disproportionate damage, including buildings , structures, unfinished construction projects. In practice, the recognition of a specific structure as real estate is confirmed by conducting a technical inventory and issuing a technical passport based on its results. However, the technical inventory is of an accounting nature, and the body that registers rights to real estate and transactions with it (Federal Registration Service) may not agree with the classification of a building as real estate.

a notarized copy of the state registration certificate or other document in accordance with the legislation on the ownership of a building, structure, structure located on the land plot being registered (if there are such objects);

Who can become a participant in land transactions?

Not only citizens of the Russian Federation are given the opportunity to obtain a certificate of land ownership or similar documents, but also stateless persons, foreign citizens, and foreign legal entities. Although there is an exception here. They can become owners of non-agricultural plots. If such citizens inherit agriculture, this will be followed by a process of alienation. This lasts about one year.

If we talk about foreign legal entities, they, of course, can buy land for non-agricultural use, but only if they additionally buy all the real estate that is located on it. And within populated areas in order to start a business in the future.

Restrictions on the use of land resources:

sale is prohibited for a certain period;
cannot be transferred for rent;
Only one specific heir can accept the inheritance;
construction can be carried out strictly within the time frame established by the state;
the need to repair roads and build them.

Certificate from the Chairman of the Council on the Prescription of Ownership of the Garden Plot

Registration of a real estate property is carried out by making an appropriate entry in the Unified State Register in the manner established by the rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It, approved in accordance with paragraph 5 of Article 12 of the Law.

Providing citizens with garden, vegetable and dacha land plots is the responsibility of local governments at the place of residence of citizens. Land plots formed in accordance with the land surveying project from a land plot provided to a horticultural, market gardening or dacha non-profit association are provided to members of such an association in accordance with the distribution of the formed or formed land plots into ownership or lease without bidding in the manner established by the Land Code of the Russian Federation Federation. Garden, vegetable or dacha land plots are provided for free ownership in cases established by federal laws and laws of constituent entities of the Russian Federation.

For recalculation of the accrual for MSW, residents of APO-1 of the Sverdlovsk region can contact the Joint Stock Company "Regional Information) with an application and relevant documents in the following ways:

through the “Internet reception” remote service on the website, “Internet reception” tab;
to the customer service offices of RIC JSC. Consumers can find out the addresses and operating hours of the offices of RIC JSC on the company’s website in the section “Customers” - “Individuals” - “Service Offices” or by calling the toll-free multi-channel number for individuals 8-800-250-32-42;
to visiting specialists of RIC JSC. Their work schedule is posted monthly on the website.

Let us remind you that in the Sverdlovsk region, starting from 2021, the service for handling solid waste has become a communal service and is excluded from housing services. Therefore, all relations for the provision of this service are regulated in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings No. 354. In the Sverdlovsk region, a procedure has been established for calculating the amount of fees for the service for handling solid waste based on the number of residents.

It is important to know

Recalculation of the amount of payment for utility services for the management of solid waste is possible if a person is absent from the residential premises for more than 5 calendar days (the day of departure and arrival is not included). The consumer can submit an application for recalculation before the start of the period of temporary absence or no later than 30 days after the end of the period of temporary absence.

Recalculation of fees for municipal waste is carried out for a period of no more than 6 months. If, after the specified time, the period of temporary absence continues, then the consumer must re-submit an application for recalculation and attach the necessary documents with fresh dates.

The consumer is obliged to inform the utility service provider for the management of solid waste about an increase or decrease in the number of consumers living (including temporarily) in the residential premises no later than 5 working days from the date of such changes.

Typical situations for recalculation using examples:

1. I work on shift in another region.

To recalculate the application, you must provide a copy of the contract, which indicates the place of work and provision of services; a certificate from the place of employment, which indicates the place of work or provision of services; travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. If travel documents are issued electronically, the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the use of the travel document (plane boarding pass, other documents). All documents, with the exception of travel tickets, must be signed by an authorized person of the organization that issued them (individual entrepreneur), certified by the seal of such organization (if any), have a registration number and date of issue.

2. Went on vacation.

To recalculate the application, it is necessary to provide travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. If travel documents are issued electronically, the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of use of the travel document (plane boarding pass, other documents), invoices for accommodation in a hotel or other place of temporary stay, or their certified copies.

3. The child is studying in another city.

To recalculate the application, you must provide a certificate of full-time education of the child at the educational institution. Documents must be signed by an authorized person of the organization that issued them (individual entrepreneur), certified by the seal of such organization (if any), have a registration number and date of issue.

4. Went on a business trip.

To recalculate the application, you must provide a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached. Documents must be signed by an authorized person of the organization that issued them (individual entrepreneur), certified by the seal of such organization (if any), have a registration number and date of issue.

5. I am undergoing treatment in a hospital / sanatorium.

To recalculate the application, you must provide a certificate of being treated in an inpatient medical institution or in a sanatorium-resort treatment. The certificate must be signed by an authorized person of the organization that issued it (individual entrepreneur), certified by the seal of such organization (if any), have a registration number and date of issue.

6. Temporarily left for another country.

To recalculate the application, it is necessary to provide a certificate from the consular office or diplomatic mission of the Russian Federation in the host country, confirming the citizen’s temporary stay outside the country, or a certified copy of an identification document of a citizen of the Russian Federation containing marks on crossing the state border of the Russian Federation when leaving the Russian Federation and entry into the Russian Federation; copies of travel documents. If the documents are drawn up in a foreign language, they must be translated into Russian, signed by an authorized person of the organization that issued them, certified by the seal of such organization (if any), have a registration number and date of issue.

7. One of the family members works on a permanent basis in another country, but is registered in the Russian Federation.

Recalculation is possible if a person is absent for more than 5 calendar days; the application must be accompanied by a certificate from the embassy or diplomatic mission of the Russian Federation in the host country. This certificate must be drawn up in Russian. If the document is drawn up in a foreign language, it must be translated into Russian. This document must be signed by an authorized person of the organization that issued it, certified by the seal of such organization (if any), have a registration number and date of issue.

8. Registered in the residential premises, but was temporarily absent from it.

To recalculate the application, it is necessary to provide a document from the body carrying out the temporary registration of the citizen at the place of his temporary stay in the cases established by the legislation of the Russian Federation, or a certified copy thereof; a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and were not used. Documents must be signed by an authorized person of the organization that issued them (individual entrepreneur), certified by the seal of such organization (if any), have a registration number and date of issue.

9. Registered in a residential building, and I have another apartment / house in which I am the owner, but no one is registered or living in it.

According to the clarifications of the Ministry of Energy and Housing and Communal Services of the Sverdlovsk Region dated March 18, 2019 in the field of solid municipal waste management, if the consumer is the owner of several residential premises, he provides the utility service provider with an application for recalculation for the service due to the absence of the consumer in the residential premises, with documents attached, confirming his presence in one of the residential premises owned by him. Such documents include a certificate from the organization managing the apartment building, confirming his actual residence at a specific address, as well as an organization that records citizens at their place of residence, including in individual residential buildings (passport office).

10. The owner has died, there are other residents / owners in the residential premises besides the deceased, or no one other than the owner is registered or living in the residential premises.

10.1. The owner has died; in addition to the deceased, there are other residents/owners in the residential premises.

By virtue of the norms of the Civil Code of the Russian Federation and the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings No. 354, from the moment of the death of the testator and until the date of registration of inheritance rights, the burden of maintaining the property, including the obligation to pay for utility services according to handling of solid waste is entrusted to the person who actually accepted the inheritance (heir).

Moreover, if at the corresponding address, in addition to the deceased, there are still residents/owners, the deceased person, based on the provision of a death certificate, is excluded from the number of residents/owners and the number of residents/owners of the premises for calculating the amount of the fee is reduced by one.

10.2. The owner died, no one except the owner is registered or lives in the residential premises.

If the deceased was the sole owner of the residential premises/house and there are no residents at this address, if the heirs provide a copy of the title document in the name of the deceased and a certificate of deregistration of the deceased, or a copy of the house register with an appropriate note about this, accrual is suspended until the date of acceptance property by inheritance, but not more than 6 months. After entering into an inheritance and in the absence of an application from the heir(s) for recalculation for solid waste and supporting documents about living in another residential premises, the fee is charged to the heir(s) of the property with additional charges made from the date of acceptance of the inheritance according to the number of heirs.

11. In the summer I live at the dacha.

To recalculate the application, it is necessary to provide a certificate issued by an authorized person of a horticultural or vegetable gardening non-profit partnership, confirming the period of temporary stay of a citizen on a dacha, garden or vegetable plot of land located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs. The certificate must be certified by a seal (if the organization has one), have a registration number and date of issue.

12. When the premises become uninhabitable.

In cases where the premises are recognized as unfit for habitation (fire, emergency condition, etc.), the basis for not charging fees for the service for handling solid waste is the information in the Unified State Register of Real Estate about the termination of ownership of the property. Only the owner has the right to register with the relevant government bodies the fact of termination of ownership of a residential premises that has ceased to exist. The interference of other individuals or legal entities in this process is not provided for by law. Thus, if the owner has not taken measures to exclude the record of his ownership in the Unified State Register of Real Estate, the responsibility lies only with him. In this case, the regional operator is obliged to make charges for the service for handling MSW until the owner provides the necessary documents.

A similar situation occurs when a person lived in the premises under a tenancy agreement (social, official, etc.), and the house where he lived was occupied for some reason. Until the consumer provides information about termination of the rental agreement, the service provider does not have the right to stop accruals.

13. When the premises become temporarily uninhabitable.

In a situation where a residential premises becomes temporarily unsuitable for habitation, and the consumer is forced to temporarily live in another place, he must provide a document confirming residence at another address and write a statement about recalculation or non-charge for MSW due to temporary absence.

For reference

RIC JSC is an agent of the regional operator LLC, operating in the territory of 23 municipalities of APO-1 of the Sverdlovsk region. The area of responsibility of RIC JSC includes such tasks as maintaining a contractual campaign, calculating and accepting payments, advising clients on the new scheme for handling solid waste, as well as claims work and debt collection.