Definition of status
Non-profit gardening partnerships unite significant groups of land users on the basis of collective ownership. The category of lands used by them in SNT includes exclusively agricultural lands. Do not confuse it with a plot of land for personal farming.
Some citizens who want to purchase a plot of land at an attractive price ignore seemingly insignificant characteristics , not being interested in the purpose of the land plot.
Subsequently, such frivolity leads to disappointment, and the acquisition becomes a burden.
Land in SNT must be acquired with a focus on the benefits that can be derived from lands of this type of purpose, with a clear understanding of the consequences of their acquisition. You can get acquainted with all types of land plots in the Russian Federation here.
Subjects
Persons exercising ownership of plots on the basis of common use. Their right to own a plot is determined by membership in a non-profit partnership. The basis of the structure is a legal entity that manages and disposes of land use. Naturally, this type of law has a weak individualized basis.
The strength of the structure lies in its corporate nature, which combines elements of the rights of individual members into an integral system of rights to own land resources of high-quality fertile lands. This means that all actions related to the disposal of the site, such as:
- drilling a well for water intake;
- conduction of electricity;
- widening the road to access the site;
- similar works,
can only be carried out jointly or in agreement with the members of the partnership.
Dacha plots of this type have a higher status than, for example, dacha plots of the DNP, where land for the same purpose has lower quality characteristics and belongs to the budget option of real estate.
Purpose
You can build any type of house on SNT lands, with a garage and outbuildings, unless otherwise provided by the internal regulations. Its construction will not be regulated by urban planning restrictions. But when constructing it, you need to understand that no matter what area corresponds to your building, it will not receive the status of a capital real estate object.
It's all about the purpose of the land . When they were allocated for the use of SNT, the construction of country houses, not regulated by the urban planning context, was envisaged. Accordingly, you have permission to build and implement creative plans. However, do not forget that the specifics of the structure and its design in terms of status cannot go beyond the dacha plot.
For many summer residents, these rules are not a hindrance. Today you can often see a picture where modern cottages flaunt against the backdrop of rickety huts.
However, construction standards can be specified in the internal charter of the legal entity SNT. Currently, plots may be allocated that exclusively involve the construction of high-status capital buildings.
This condition is recorded in the documentary support of the partnership and is defined as the provisions of the agreement , on the basis of which there is a real opportunity to be a member.
Advantages and disadvantages of these types compared to each other
The advantages of DNT and DNP lands over individual housing construction lands are as follows:
- lower cost;
- a simpler acquisition (allocation) procedure.
The disadvantages include the fact that it is not always possible to obtain permission to register here.
Unlike plots of private household plots , these lands differ in that a permanent structure can be erected here, but it is not allowed to raise poultry and other livestock.
The priorities of DNP and DNT lands in comparison with SNT plots also include the budget cost of them, with similar use of the plots. But the quality of the soil in its characteristics compares favorably in favor of the SNT plots.
Plots in SNT can be used to build a house, but registration here is problematic, which will require additional administrative and legal actions. In addition, the cost of a land plot is practically no different from a plot for individual housing construction, but the plots are always allocated outside the settlements.
At the same time, the construction of a house in a garden partnership is not regulated by building codes that owners of plots for individual housing construction must comply with.
Legal and technical differences between SNT and individual housing construction lands
When purchasing land in SNT, you need to understand that the cadastral and market value of land is strikingly different from the plot for individual housing construction in accordance with the opportunities that the acquisition of a particular type of use provides.
If the prospect of acquiring land is the construction of a capital structure, then this task can only be solved on a plot acquired for individual housing construction, which has the appropriate permit and regulations provided for these types of use.
The house built here will be designed in accordance with all the rules of urban planning regulations, with appropriate commissioning and provision of technical documentation. It will give the right to unhindered residence and registration of residents.
You can also register in a country house, despite the fact that SNT uses land from the agricultural category. needs (read about land transfer). But for this it is necessary to erect a permanent structure, in which you can actually live all year round. After this, it is necessary to invite a specialized commission authorized to resolve such issues.
Based on the audit, you will be issued an inspection report of the land plot, which will indicate the compliance of your permanent structure and the condition of the site for permanent residence.
The decision of the commission may become the basis for registering residents, but provided that this plot of land has an appropriate address.
Naturally, a category of land of this type may not have an address if the complex is located outside a populated area.
There is no provision for infrastructure development on agricultural lands, which fundamentally distinguishes them from a housing complex . However, summer residents have the right to infrastructure development through paid membership fees.
Concept and interpretation of the abbreviation SNT
The decoding of SNT sounds like this: Horticultural non-profit partnership. This is a legal entity that helps resolve problematic situations of summer residents in relation to land holdings.
Other associations of owners, individual housing construction and ONT, stand for individual housing construction and gardening non-profit partnership. Individual housing construction lands are used for housing construction. You cannot build houses in a gardening association.
Law No. 217 of July 27, 2021 abolished Dacha Non-Profit Partnerships (DNP). The dachas were not liquidated; they were classified as SNT.
Provision of land plots from agricultural lands
At one time, before the introduction of new land legislation, dacha plots were allocated for permanent (indefinite) use. The adoption of new legislation made it possible to leave land plots of this type for the use of citizens, but limited their property rights.
That is, it is possible to use a dacha plot for the rest of your life , but the fact of inheritance of the plot can be called into question, since property of this type is collective.
In order for the issue of property rights to be resolved fairly, the state announced the so-called “dacha amnesty”, on the basis of which free privatization of dacha lands was carried out according to a simplified scheme. Accordingly, everyone interested in ownership of the site, summer residents, took advantage of the advantage provided.
Currently, this mechanism is still working, but in some situations the right to a plot has to be defended in court. As a rule, these are cases when, after the death of the landowner who refused to privatize the plot, children cannot enter into inheritance rights, as well as similar cases.
A claim for recognition of ownership of land in a partnership must be filed in the district court at the location of your site before the magistrate. Attach to it all available documents that confirm ownership, if not of the land plot, then of the building erected on the site or for other types of work that are expressed in a specific monetary amount.
If such documents are not available, use the testimony that your neighbors can give.
In the statement of claim, you need to indicate the specific amount of the claim, which corresponds to the funds spent on the site.
Based on these documents, you can establish the right to use the site that needs to be re-registered as property.
Download a sample claim here.
ABA-Consulting lawyer Olga Zerkal (Warsaw) answers:
If your plot is your property and the ownership of this plot is registered in accordance with the procedure established by law, then significant changes in your life will not happen: you will use it as you used it.
If, since the time you were allocated six “Soviet” acres of land (even before the Land Code of the Russian Federation came into force), you have not bothered to register your ownership of this plot, then after the liquidation of SNT your plot will become municipal property and there is a real risk of losing it .
Although the elimination of SNT is a very rare, if not unique, phenomenon. During my 15 years of legal practice, I have not seen a single procedure for liquidating SNT. The whole point is that making a decision on the liquidation of SNT falls under the prerogative of the general meeting of SNT members. And the members of the partnership will never vote for its liquidation, because they understand (at least they should understand) that this decision will greatly complicate their lives in organizational and everyday terms (the simplest everyday issues become problematic, such as: the use of access roads, the provision of country houses electricity, water supply and sanitation, garbage removal, etc.).
However, if there is a real threat of liquidation of the SNT, within the boundaries of which your land plot is located, then hurry to register it in the cadastral register and register ownership.
Do I have to pay fees if I have not entered into an agreement with SNT?
Do I need to pay contributions to SNT if I own the land?
Allocation of land
If you are not satisfied with the conditions of collective ownership, you have the right to separate your share from the common property. To do this, you need to provide the chairman of the partnership with a statement of your intentions. Usually, the allocation of a small part of a plot from the total amount of agricultural land is difficult.
This issue should have certain conditions equal for all members of the SNTZ . These conditions must be accepted at a general meeting and the procedures adopted in this regard must be followed.
Then invite a specialist (cadastral engineer) from a geodetic company and establish the boundaries of the area that is in your property. Keep in mind that if a piece of abandoned land is adjacent to your site, you have the right to include it in the plan of your legal site.
After carrying out boundary work and receiving technical documentation, you have the right to receive a cadastral passport, on the basis of which you can re-register (re-register) ownership. The main thing is that the allocated plot does not have buildings owned by third parties.
Redemption of a land plot
In some cases, based on local regulatory documents of the partnership, you will not be given permission to allocate a land plot free of charge. Accordingly, the plot can be re-registered only for a fee. The amount of payments when purchasing land, if you are in a partnership, should not exceed the cadastral value of the land.
You can obtain permission to buy from the chairman of the partnership , and after paying the full amount or drawing up an installment agreement that the partnership can provide, you have the right to allocate the land and re-register it.
If SNT land is leased from the municipality, it must provide permission to purchase the site.
If land is taken by the state or municipality through redemption, SNT members are paid the market value of the land and all buildings located on the site.
Land tax
Should not exceed 0.3% of the total cadastral value of your site. You can find out the specific interest rate from the chairman of the partnership or from the administration of the district to which the partnership’s lands belong.
The tax office assesses collective property tax in a single payment, with advance payments . Payment of tax by individual citizens of the partnership is usually included in the payment of membership dues. The amount of tax of an individual member of the partnership depends on the area of the plot that he has in use.
As a rule, all parameters for tax deductions for summer residents are the same, therefore, in accordance with the internal charter, this amount may be required additionally.
If the land is registered as the property of individual members, they have the right to pay the tax themselves.
All members of the SNT should keep in mind that the partnership as a legal entity has the right to organize the payment of tax by members of the partnership, but is not obliged to pay tax for citizens to its own detriment.
Features of documents: why they are needed, in what cases they are used
Gardening partnerships are legally based on two types of documentary security of rights:
- Documents administered by the legal entity SNT, which postulate the existence of the partnership itself as a subject of ownership rights.
- Documents that act as a guarantor of the right of use for participants in collective property.
The first type includes documents through which SNT, as a legal entity, created the rights to exist; here, title documents for the use of land or a lease agreement with the municipality must be available.
Sublease agreement
It belongs to the second type of documents and can be held by members of the partnership in two cases:
- If, according to the charter of the partnership, the use of land is carried out on the basis of subcontracts.
- When individual members of a partnership receive autonomy in the use of the site through sublease.
Naturally, these agreements can only exist if the lands are not owned by the SNT legal entity, but are leased.
The sublease agreement is local in nature and is concluded in partnership with the chairman.
Subsequently, on the basis of this agreement, it is possible to purchase the land plot.
Inspection report
It is drawn up in the case when a summer resident wishes to move to a plot of land for permanent residence and obtain registration. It is issued by a specialized commission consisting of representatives of the municipality on the initiative of the owner or by court decision.
Its functions include consideration of:
- conditions of possible permanent residence;
- availability of water and energy supply to the site;
- living areas of the house;
- other properties of the site that meet the sanitary standards established for permanent residence of citizens.
Based on the conclusion of this act, the house acquires the status of residential premises and can be used for permanent residence on the territory of SNT.
Evaluation report
May be necessary when purchasing a plot. To compile it, you will also need documents from the examination carried out at the site. It establishes the suitability of land for use and its level of fertility.
The report also includes all objects of property value.
In another case, this document may be needed when challenging the cadastral value of land in order to reduce the tax rate.
