Federal Law 66 as amended. SNT "Uralets". Yandex shares fell amid the bill on significant information resources

https://www.site/2017-08-02/v_rossii_prinyat_novyy_zakon_dlya_dachnikov_i_sadovodov_chto_v_nem_vazhnogo

"Dacha Constitution"

A new law has been adopted in Russia for summer residents and gardeners: what is important about it?

Jaromir Romanov/website

A new federal law has been adopted in Russia, according to which approximately 60 million summer residents and gardeners will begin to live from January 1, 2019. In fact, the “dacha constitution,” as the adopted act has already been called, concerns every second resident of the country. the site tells its readers about fundamental innovations, one of which was the exclusion of the very concept of “dacha farming” from the legislation.

Will there be no more summer residents in Russia?

According to the law, summer residents in Russia are now gardeners and vegetable gardeners. Previously, associations of summer residents, gardeners and gardeners could exist in as many as nine organizational forms (including as dacha partnerships and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural associations. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation where you don’t have a garden or vegetable plot at all, but just a house in the village where you come to relax and do not do any gardening work. The new law regulates life only in gardening and vegetable gardening areas, and not in populated areas.

Why didn’t the law call everyone simply summer residents?

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms are clearly too much. But one cannot ignore all the realities, and in this case they are that the land plots owned and used by Russian summer residents may have different types of permitted use. Based on this, the legislator divided land plots into garden and vegetable plots.

And here it is important: on garden plots you can build permanent buildings, including residential buildings, but on garden plots only non-permanent outbuildings can be placed. The difference is significant, and it’s worth paying attention to Special attention, if you plan to purchase a summer cottage.

Serguei Fomine/Russian Look

Can you tell us a little more about this difference?

The legislation classifies as non-permanent buildings structures that do not have a “connection with the ground,” that is, in other words, a foundation. It is assumed that they can be completely disassembled or moved somewhere in no time. In addition, such structures cannot be registered as real estate. You, of course, can build something grandiose on a garden plot, on a solid foundation, and pass off your palace as a modest shed for storing equipment and crops. But you simply won’t be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because there are quite serious requirements for the planning and development of a gardening area, as prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of a gardening area.

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The Chairman of the Union of Gardeners of Yekaterinburg, Nadezhda Loktionova, believes that we should even expect the appearance of some kind of by-law that will clarify the parameters of non-permanent buildings on vegetable gardening lands. Of course, things are unlikely to reach Soviet restrictions such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have in your hands a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator agreed to the so-called “garden amnesty”.

Nail Fattakhov/website

What can be built on garden plots?

With garden plots, of which, by the way, total mass the vast majority, everything is much simpler. The law gives the right to place a permanent residential building, a garden house for seasonal use, garages and outbuildings on them. The latter include bathhouses, sheds, sheds, greenhouses, gazebos and other goods. All this can be registered as ownership, keeping in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called “dacha amnesty”—a simplified procedure for registering real estate on six hundred square meters—has become legislatively more complicated. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty is 400 rubles. True, the law allows not to register buildings with an area of ​​up to 50 square meters. meters.

Will it become easier to register at the dacha?

They promise yes. Theoretically, it is possible to register on six hundred square meters now, but it is not so easy. A court decision is required that your residential building is recognized as suitable for permanent residence. It is expected that with the coming into force of the new law, going to court will become the exception rather than the rule. Gardeners near Moscow insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law designed to simplify the procedure for converting a garden house into a residential one and back. That is, if you decide to live in a dacha permanently and have registration there, immediately build a permanent house or reconstruct an existing one.

By the way, a gardening partnership may eventually become a partnership of real estate owners - that is, begin to develop and be managed like a cottage community. But for this, three conditions must be met. First, it must be located within the boundaries of a populated area, second, all houses on its territory must be recognized as residential, and third, the type of permitted use of land plots for all owners must be changed to “individual housing construction.”

Jaromir Romanov/website

Is it true that selling crops from the garden will become an illegal business?

No. Sale of surplus from own garden or vegetable gardens are not regulated at all by either the new or the current law (66-FZ), Nikita Chaplin draws attention. Moreover, during its development, the draft law deliberately did not include norms that are regulated by other laws: the Land, Tax, Civil Codes, and the law on real estate registration. So grandmothers, for whom the sale of bunches of greenery at the market or agricultural fair serves as some kind of financial help, will definitely not need to register an individual entrepreneur for this.

What else is important in the law?

The law decreed that within one gardening or vegetable gardening there can be only one partnership. Previously, there could have been several of them, and the legislator was especially concerned about the situation when associations were engaged in a struggle to attract land owners and at the same time paid almost no attention to the state of the general infrastructure, shifting responsibility onto the neighbor. Within the meaning of the new law, a partnership can only be formed on a land plot provided to this legal entity. Therefore, if disputes arise, a previously created partnership that has a land plot will be recognized as legitimate. In the absence of a project for planning and development of the territory, the second partnership may be liquidated by court decision, if it does not recognize that it needs to self-liquidate.

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The law will also make it possible to streamline relations with so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - participants in associations - have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are over: you can still be an individual, but you will still have to pay dues along with the others. In return, the right to participate in general meetings and vote on all financial and economic issues of the partnership is given. But individuals will still not be able to participate in the elections of the chairman and members of the board and audit commission. In general, the big question is what is the benefit of such a special status now.

Natalya Khanina/website

By the way, about contributions. They are strictly divided into two types: membership and target. Current expenses associated with the activities of the partnership will be paid from the membership, and targeted funds will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in the chairman’s safe. This was done to combat abuse.

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The new law excludes such a legal organizational form of citizens’ associations as a “dacha non-profit partnership”, in connection with which the Land, Town Planning, Water, Civil, Housing Codes of the Russian Federation, the federal laws “On Subsoil”, “On Non-Profit Associations”, “On general principles local government organizations in Russian Federation", "On state registration of real estate", "On mortgage (pledge of real estate)", "On specially protected natural areas", "On Agricultural Cooperation" and a number of other laws have already been introduced and will continue to be amended accordingly.

The full use of the concept of dacha partnerships should disappear in 1.5 years, but it is unlikely that the familiar words “dacha” and “summer residents” will disappear from the everyday vocabulary during this time. Well, they are very close. Historically introduced into life since the time of Peter I, who granted his associates for their great services to the Fatherland land for estates in the magnificent surroundings of St. Petersburg, they came into use through the word “dacha,” which meant the action of the king (as a derivative of the verb “to give”).

The new law eliminated the artificially formed and still existing distinction between dacha and gardening partnerships created in accordance with the already mentioned Federal Law “On horticultural, gardening and dacha non-profit associations of citizens” and established only 2 types of legal status of country associations of citizens:

1. gardening non-profit partnerships (SNT)
2. gardening non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A gardening non-profit partnership and a gardening non-profit partnership are types of partnership of real estate owners.

New garden and vegetable plots of land, as before, are formed from the lands of settlements or from agricultural lands. Each garden or vegetable plot of land can be included within the boundaries of only one gardening or vegetable gardening territory.

Gardening or gardening on garden plots located within the boundaries of the partnership territory can be carried out by the owners of the plots in the following organizational and legal forms:

1. with participation in partnerships,
2. without participation in partnerships.

In accordance with the new law, it is established that a partnership can be formed with a minimum number of members of 7 people (Part 2 of Article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

1. at the claim of a state authority of a constituent entity of the Russian Federation,
2. at the request of the local government body at the location of the gardening or truck farming territory,
3. at the claim of the owner or copyright holder of a garden or vegetable plot located within the boundaries of the gardening or vegetable gardening territory.

Upon liquidation of the partnership, the property of the partnership’s common use (except for real estate public use, owned by the partnership and remaining after satisfaction of the creditors’ claims), is transferred to the owners of plots located within the boundaries of the territory of SNT or ONT:

• proportional to their area,
• regardless of whether these persons were members of the partnership (clause 1 of Article 28 of the new law).

The law also defines provisions regarding:

1. grounds and procedure for admission to membership of the partnership,
2. rights and obligations of members of the partnership,
3. grounds for termination of membership;
4. rights and obligations of the management body of the partnership,

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Solutions general meeting members of the partnership are accepted by a qualified majority of at least 2/3 of the votes of the total number of members of the partnership present at the general meeting.

The governing body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

1. chairman representing the sole executive body,
2. the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but no more than 5% of the number of members of the partnership, which not only creates a certain convenience in the “controllability” of the board itself by the members of the partnership, but also reduces the size of the membership contributions for the maintenance of a board with a reduced number of members,
3. audit commission (auditor), accountable to the general meeting of members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years, and not for 2 years, as now and until January 1, 2019. Despite the noticeably longer term of its powers, by decision of the general meeting of members of the partnership, the chairman or negligent members of the board can be removed for shoddy work and re-elect at any time due.

A meeting of the board of a partnership is valid if at least half of its members are present. Decisions of the board of the partnership are made by open voting by a simple majority of votes of the present members of the board. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT on HOA

By decision of the general meeting of SNT members, owners of garden plots have the right to change existing look associations of homeowners' associations (HOAs). The organizational and legal form of the partnership of real estate owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:

1. the gardening area is located within the boundaries of the settlement,
2. Residential buildings are located on all garden plots located within the boundaries of the gardening territory.

Changing the type of gardening non-profit partnership (SNT) to a homeowners' partnership (HOA) is not considered a reorganization (clause 2 of Article 27 of the new law).

Possibility of changing SNT or ONT to another type of partnership activity

A gardening or vegetable gardening non-profit partnership can change its type of activity, again by decision of the general meeting:

1. for the production, processing and marketing of crop products,
2. other activities not related to gardening and vegetable farming and allowing the creation of a consumer cooperative.

The creation of a production cooperative is a reorganization of the previous organizational and legal form of SNT or ONT (clause 1 of Article 27 of the new law), and therefore requires amendments to the Unified State Register of Real Estate.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transition period, which will last 5 years, that is, until January 1, 2024, the new law established the following provisions:

• DNP, dacha cooperatives, dacha farms, gardening partnerships and other non-profit organizations of citizens created before January 1, 2019 do not need to be reorganized.
• From January 1, 2019, the requirements of the new law will be applied to all previously created horticultural or dacha non-profit partnerships, as well as gardening non-profit partnerships, even before their charters are brought into compliance with the new law:
  1. or in accordance with the provisions on horticultural non-profit partnerships,
  2. or in accordance with the provisions on gardening non-profit partnerships.
• The introduction of the constituent documents of gardening or dacha non-profit partnerships and gardening non-profit partnerships created before the introduction of the new law is carried out after the new law comes into force through the introduction of amendments:
  1. in the constituent documents (title, charter and other documents) and registration of these changes in the Unified State Register of Real Estate,
  2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
  3. changing names does not require changes to title and other documents containing their previous names.
• Buildings on garden plots registered in the Unified State Register of Real Estate before January 1, 2019 with the designation “residential” or “residential building” are recognized as residential buildings:
  1. replacement of previously issued documents with those registered in the Unified State Register until January 1. 2019 buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of real estate objects are not required,
  2. Replacement of documents and names of buildings can be carried out at the request of the copyright holders of real estate objects.
• Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the Unified State Register of Real Estate before 1.01. 2019, recognized as garden houses:
  1. replacement of previously issued documents with those registered in the Unified State Register until January 1. 2019, the specified buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of objects are not required,
  2. Replacement of documents and names of listed buildings can be carried out at the request of their copyright holders.

Register of partnership members

The distribution of plots between members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and vegetable plots of land that are in state or municipal ownership are provided to citizens free of charge in cases established by federal laws and laws of constituent entities of the Russian Federation.

The register of partnership members must be formed within 1 month from the date of state registration of SNT or ONT in the Unified State Register of Real Estate (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of members of the partnership contains the following information:

1. about the members of the partnership,
2. cadastral (conditional) number of each land plot, the owner of which is a member of SNT or ONT (after the distribution of land plots between members of the partnership).

Members of the partnership are required to provide reliable information necessary for maintaining the register and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with common infrastructure and one common area on the same territory. In other words, a garden partnership cannot appear within a garden partnership.

The purpose of introducing this principle is quite obvious:

1. eliminating situations of “pulling” advantages in the use, for example, of a transformer booth owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
2. establishment of legal relationships between partnerships for the use of engineering infrastructure and public areas,
3. management of common property within the boundaries of the gardening or vegetable farming territory can be carried out by only one partnership.

Since the entry into force of the new law, owners of garden or vegetable plots of land located within the boundaries of the territory of SNT or ONT have the right to create only one gardening or vegetable gardening non-profit association. Its boundaries must be determined in accordance with the territory planning documentation:

• documentation on the planning of the territory, before its approval by the municipal authorities, must be approved by a decision of the general meeting of members of the partnership,
• preparation and approval of a territory planning project for a vegetable gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and general purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land surveying project.

When preparing documentation on territory planning for a partnership, the boundaries of the gardening or market gardening territory include land plots that simultaneously meet the following requirements:

1. the plots are owned by the founders of the partnership,
2. the plots constitute a single, inextricable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new gardens and vegetable gardens and preparing documentation for the planning of their territory, the boundaries of their territories also include:

1. plots that are state or municipally owned and not provided to citizens and legal entities (their total area must be at least 20% and no more than 25% of the total area of ​​garden or vegetable plots of land falling within the boundaries of the horticulture or vegetable gardening territory),
2. plots and territories for public use, defined in accordance with land legislation and legislation on urban planning activities (the formation of land plots for general use is carried out in accordance with the approved land surveying project).

It is prohibited to establish boundaries of gardening or vegetable gardening territories that limit or terminate free access from other land plots to public areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the gardening or truck farming territory and owned by the members of the partnership.

General use property located within the boundaries of the territories of horticultural or gardening associations includes real estate that simultaneously meets the following 2 conditions:

1. the property was created or acquired after the entry into force of the new law,
2. this property belongs to the owners of land plots on the right of common shared ownership in proportion to the areas of their plots.

Such property, represented by capital construction projects and land plots general purpose, used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

1. passages and passages to the territory
2. supply of thermal and electrical energy, water, gas
3. drainage
4. security
5. collection of municipal solid waste and other needs
6. movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership

General purpose land plots related to public property are formed during the development of documentation for the planning of a gardening or vegetable farming area.

The rights holders of land plots located within the boundaries of the horticulture or market gardening territory use general purpose land plots for access and access to their land plots on the following conditions:

1. free,
2. no charge.

No one has the right to restrict the access of plot right holders to their land plots.

The main goals of creating public property by the new law include:

1. use by all right holders of land plots located within the boundaries of the territory of SNT or ONT for their own needs,
2. placement of other common property on public areas (for example, sports or children's playgrounds, their equipment, etc.).

The common use property of SNT or ONT may also belong to the partnership on the right of ownership or other right permitted by civil law.

After registering a partnership in the Unified State Register of Real Estate, the right holders of the plots included in it can, at a general meeting with the presence of 100% of the members of SNT or ONT, decide on the desire to acquire shares in common property as a property, free of charge and without allocating a share in kind.

After registration in the Unified State Register of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of SNT or ONT, public property can be transferred free of charge to a municipality or into state ownership of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

1. the general meeting of members of the partnership made a decision on the transfer of property,
2. property, by law, may be in state or municipal ownership,
3. there is the consent of all owners of garden plots, who have also formalized the right of common shared ownership of common property for its transfer to the municipality or into state ownership.

Immovable property of common use owned by the partnership cannot be foreclosed upon. In the event of liquidation of the partnership, such property is transferred free of charge into the common shared ownership of the owners of garden or vegetable plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (clause 2 of Article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden plots, accompanied by a transfer of ownership of these real estate objects, the share in the right of common ownership of common property passes from the previous owner to the new owner.

The owner of a share in the right of common ownership of property of common use does not have the right:

1. alienate a share separately from the ownership of your garden or vegetable plot,
2. carry out actions entailing the transfer of a share separately from the ownership of one’s own garden or vegetable plot.

The terms of the agreement under which the subject of the transaction is:

1. transfer of ownership of a garden or vegetable plot of land without transfer of a share in the right of common ownership of common property,
2. transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or vegetable plot of land,

are void (if the owner of the garden or vegetable plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of SNT or ONT in the bank to the current account of the partnership (Article 14 of the new law):

1. membership
2. targeted

You will not have to pay an entry fee.

The lists of tasks on which contributions can be spent are limited. Thus, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

1. with the maintenance of the partnership’s common property, including the payment rental payments for this property,
2. with settlements with supplying organizations - suppliers of heat and electricity, water, gas, wastewater disposal on the basis of agreements concluded with these organizations,
3. with settlements with the operator for the management of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
4. with landscaping for general purposes,
5. with the protection of the gardening or market gardening territory and ensuring fire safety within the boundaries of such territory,
6. with conducting audits of the partnership,
7. with payment wages members of the board with whom the partnership has concluded employment contracts,
8. with the organization and holding of general meetings of members of the partnership, with the implementation of the decisions of these meetings,
9. with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

As for targeted contributions, the possibilities for spending them are more varied. They are associated with the following tasks:

1. with the preparation of documents necessary for the formation of a land plot located in state or municipal ownership, for the purpose of further provision of such a land plot to the partnership,
2. with the preparation of documentation for planning the territory of gardening or horticulture,
3. with carrying out cadastral work to enter into the Unified State Register of Information about garden or vegetable plots of land, general purpose land plots, and other real estate objects related to public property,
4. with the creation or acquisition of common use property necessary for the activities of the partnership,
5. with the implementation of activities planned by the decision of the general meeting of members of the partnership.

The total annual fee will be equal to the sum of the annual target and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from the SNT or ONT member in court.

Those individual gardeners and gardeners who did not want to become members of SNT or ONT are now required to pay fees on the same basis as members of partnerships (Article 5 of the new law). Failure to pay is fraught with the same consequences as for members of SNT or ONT. This reveals one of the differences between the new law and the previously existing law on summer residents, which allowed individuals to make payments for the use of various resources (electricity, water, gas, if supplied, as well as for garbage removal and security) in an amount less than that of members partnership, and not pay contributions to the salaries of the chairman and members of the board of SNT or ONT. Under the new law, individuals now have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and amount of contributions. No, as before, only the right to participate in the elections of the chairman and members of the board.

The charter of SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

1. different volumes of use of common property depending on the size of the garden or vegetable plot of land,
2. the total area of ​​real estate objects located on such a land plot,
3. the size of the share in the right of common shared ownership of a land plot or real estate located on it.

In general, the amount of contributions is determined on the basis of the partnership’s income and expense budget and financial and economic feasibility study approved by the general meeting of the partnership’s members. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as failure to pay contributions, entails their collection in court.

What is allowed to build on garden and vegetable plots?

New construction of permanent residential buildings for permanent residence, according to the introduced law, is permitted only on garden plots and only if such land plots are included in the territorial zones provided for by the rules of land use and development (LZZ), for which:

1. town planning regulations were approved,
2. In accordance with the city regulations, the maximum parameters for permitted construction have been established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the new law came into force, registration in them turned into a “Sisyphean task” with positive result only by a court decision recognizing the residential building as capital and suitable for permanent residence.

The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law simplified the procedure for converting an existing garden (that is, non-permanently built) house into a permanent residential building and back.

Vegetable garden plots should only be used for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.

Those developers of garden plots who managed to build “non-permanent residential buildings” on them, as permitted by Federal Law 66 (Article 33), and even registered ownership of them in the Unified State Register of Real Estate, were simply lucky, since according to the new law they will not be considered self-construction. Such cases affected, in particular, plots and buildings on lands allocated at one time by the Ministry of Defense.

To eliminate ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, the law specifically defines all concepts (Article 3 and Article 23 of the new law):

• garden plot of land- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages
• garden house- a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a building (garden houses can be built without any permits or approvals)
• residential building (individual housing construction facility) - in the case when land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), in this case:
  1. A residential building is understood as a separate building with a number of above-ground floors of no more than 3, a height of no more than 20 m, which consists of rooms and premises for auxiliary use intended to satisfy citizens’ household and other needs related to their residence in such a building, and not intended for division into independent real estate objects,

  From 08/03/2018, it is not required to obtain permission for the construction or reconstruction of an individual residential building, but to carry out construction it is necessary to notify the local administration about the planned construction of a residential or garden house by registered mail, through the government services portal or through the MFC, indicating in your notification those information that is listed in paragraph 1 of Article 51.1 of the Town Planning Code of the Russian Federation - the notification procedure for the construction of residential buildings is established by the Federal Law “On amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” No. 340-FZ dated 08/03/2018 - in other words, if earlier for residential or country houses built on dacha or garden plots, no permits were required to register ownership, then with the innovation for such objects it is also necessary to send notifications about the beginning and completion of construction, that is, such houses must meet the requirements, like the objects Individual housing construction (until March 1, 2019, property registration for such houses is allowed without sending notifications about the start and completion of construction)

  2. within no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction project or garden house, the developer must submit a notification to the local government body about the completion of construction or reconstruction (Article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of Article 55 of the Town Planning Code Code of the Russian Federation),
• outbuildings- sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures and buildings (including temporary ones) intended to satisfy citizens’ household and other needs
• garden plot- one that is intended for the recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storing equipment and agricultural crops,
• common property- located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs:
  1. capital construction projects,
  2. general purpose land plots,
  3. movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership;

public property (passage, travel, supply of heat and electricity, water, gas, drainage, security, collection of solid municipal waste and other needs) is used exclusively to meet the needs of citizens engaged in gardening and vegetable gardening;

• general purpose land plots- land plots that are public property:
  1. such areas are provided for by the approved territory planning documentation,
  2. such plots are intended for general use by the right holders of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs,
  3. such areas may be intended to accommodate other common property;
• contributions - cash, contributed by citizens who have the right to participate in the partnership (members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal law and the charter of the partnership;
• territory where citizens conduct gardening or vegetable gardening for their own needs(hereinafter referred to as the territory of gardening or market gardening) is a territory whose boundaries are determined by approved documentation on the planning of the territory.

On the construction of water wells in gardens and vegetable plots

With regard to the construction of water wells in gardens and vegetable plots, in accordance with the new law (Article 31), amendments have been made to the Federal Law “On Subsoil”.

The Law “On Subsoil” was supplemented by Article 19 2, according to which:

• horticultural and vegetable gardening non-profit partnerships and rights holders of garden or vegetable plots of land located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used by:
  1. for the purposes of domestic water supply,
  2. for personal, household and other tasks not related to business activities,
• Groundwater extraction can be carried out in a simplified manner:
  1. without conducting a geological study of the subsoil,
  2. without conducting a state examination of mineral reserves,
  3. without geological, economic and environmental information about the subsoil plots provided for use,
  4. without agreement or approval technical projects and other design documentation for the performance of work related to the use of subsoil,
  5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means to carry out work efficiently and safely.

The main requirement for the construction of wells is the need to comply with the rules for the protection of underground water bodies, as well as the basic requirements for the rational use and protection of subsoil.

Thus, non-profit organizations created to conduct gardening, vegetable gardening or summer cottage farming before the entry into force of the new law have the right to extract groundwater for domestic water supply to these non-profit organizations until January 1, 2020 without obtaining a subsoil use license. The requirement for compulsory licensing of wells will come into force on January 1, 2020.

Forms and procedures for state and local government bodies to support gardening and vegetable gardening

The new law (Article 26) introduced the responsibilities of municipalities to develop their municipal and investment programs to support gardening and vegetable farming, providing, in addition to educational work to popularize gardening and vegetable gardening or the introduction special units involved in the implementation of regional and municipal policies to support horticulture and horticulture, solving such very important problems as:

1. organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
2. financing of complex cadastral works in relation to cadastral quarters, within the boundaries of which horticultural or vegetable farming areas are located,
3. gratuitous acquisition into state ownership of a constituent entity of the Russian Federation or into municipal ownership of public property (roads, power grid facilities, water supply, communications and other objects) located within the boundaries of the territory of gardening or truck farming - in accordance with statements of the partnership or participants in common shared ownership of the property common use of property,
4. provision of priority state and municipal support to citizens entitled to extraordinary, priority or other preferential acquisition of garden plots,

State authorities of the constituent entities of the Russian Federation and local governments have the right to support the development of horticulture and truck farming in other forms established at the local level in accordance with the legislation of the Russian Federation.

The authorities have the right to use federal budget funds for the listed tasks.

Registration in garden houses

Until January 1, 2019, it was possible to register at a dacha only by a court decision, which had to recognize the house as permanent and suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible provided that the building is located on a garden plot and is registered in the Unified State Register of Real Estate as a residential building.

IN garden house You cannot register for permanent residence.

Recognition of a garden house as capital and suitable for permanent residence may equate it, by purpose, to an individual residential building, which, in turn, may mean its status as a second residential property.

In connection with this circumstance, in addition to the appearance of a full tax on such a property, those people who built it may be evicted from the apartments where they permanently live under social tenancy agreements and excluded from the housing queue.

But the initial situation seems more “interesting” - the procedure for transferring a garden house into a housing stock is currently not fully defined. It is also not clear when the government will clarify it.

Conflicts between the new law and other laws

• First collision

The new law defines two new types of partnerships (SNT and ONT), and in accordance with the Civil Code of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only to those citizens who own a plot of land, own a share in common property, which includes roads, electrical networks, water supply, etc.

Property in common use, as determined by the new law, can either belong only to the partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and government bodies. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve problems of property management and development of common areas at their own discretion.

• Second collision

In accordance with the Law “On Real Estate Registration” (No. 218 Federal Law), the only confirmation of ownership of a real estate property is an entry in the Unified State Register of Real Estate. Today, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents for us as:

1. membership cards confirming only participation in the general land allotment for gardening (vegetable gardening) or the purchase of plots made much earlier with such rights,
2. old certificates, decisions of heads of administrations on the provision of land plots, any government acts on the provision of land plots.

The percentage of such owners in the total number of summer residents and gardeners is very high. For example, in St. Petersburg in 2017, there were 300 gardening and vegetable gardening enterprises, but only about 100 of them registered ownership of their lands. In the Leningrad region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously registered in the cadastral register and they were assigned cadastral numbers as previously registered in the State Property Committee before 2008, then, without being included in the Unified State Register, as required by Federal Law No. 218 (clause 3 of Article 70), which entered into force on January 1 2017, such plots must be removed from the cadastral register, recognized as ownerless and become the property of municipalities. Users and owners of such plots, therefore, will regularly join the ranks of those poor souls who still admire their gardening membership books.

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of sight of the new law and that a very small number of people have the right to create SNT and ONT, and only those who have not only made an entry about the ownership of the plot in the register (USRN ), but also owns, as required by the new law, a share in public lands entered into the Unified State Register of Real Estate. But the new law did not establish the procedure for making entries in the Unified State Register of Real Estate relating to gardening and horticulture. And all this despite the fact that in gardening and vegetable gardening people still have a variety of documents for land. A situation more than reminiscent of a squirrel running around in a wheel. The “squirrels” in the bureaucratic wheel, as is clear, can become gardeners and gardeners who plan to be in SNT or ONT.

• Third collision

The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.

Although the new law introduced an article according to which it is allowed to carry out gardening and vegetable farming without forming a legal entity, nevertheless, it seems “vague” and allows for ambiguous perception:

1. individuals cannot register a settlement in a settlement, which means they will not have to rely on municipal support measures,
2. individuals, “honored” of the obligation to pay fees and the right to participate in general meetings of the partnership with their votes, must “interact with municipalities”, which, however, will not create any infrastructure for them (as they say, “the collective farm is, of course, a voluntary, but we will not tolerate individuality”).

• Fourth collision

We are talking about the provision on shares in common property. According to the new law, all 100% of owners of plots in SNT or ONT must decide at their general meeting about their desire to acquire shares in common property:

1. neither the regulations nor the conditions under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized are specified,
2. the impossibility in reality of holding a meeting at which 100% of the owners of plots in SNT or ONT must be present.

As a consequence of the indicated disadvantages of the provision on shares in common property, situations with negative consequences cannot be excluded when:

1. public land may be in the possession of a legal entity (partnership) and its founders, who at such general meetings approve, in particular, estimates, amounts of contributions, etc.,
2. all owners of plots left “outside the distribution” will be required to maintain this legal entity and common property, pay for the acquisition of this property, but will not become its owners and members of the partnership.

• Fifth collision

There is some confusion with the transition period introduced by law. The transition period will last until 2024. At this time, related laws will change. At the same time, from the beginning of 2019, SNT and ONT must use their charters only in that part of them that will not contradict the new norms that change over the course of 5 years. It is somehow difficult to reconcile these two provisions of the new law, which exclude each other, and are written as “execution cannot be pardoned.

The Chairman of the Trade Union of Gardeners of Russia Lyudmila Golosova shares her opinion on the new law:

Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third and final reading a law regulating citizens' gardening, vegetable gardening and summer cottage farming for their own needs (Federal Law No. 217-FZ).

The result of consideration of numerous comments and amendments received during the discussion of the bill was significant changes reflected in the law.

Let us note once again the main provisions of the law:

• Now there will be only 2 types of country partnerships:
  1. horticultural
  2. gardening,
• All partnerships will have to undergo re-registration and decide what type they belong to:
  1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
  2. based on the results of the general meeting, submit a corresponding application to Rosreestr,

contributions to new SNT and ONT:

1. contributions can be of only 2 types - membership and targeted,
2. there will be no entry fees,
3. contributions must be transferred to the current account of the partnership,
4. cash contributions are not allowed,
5. the amount of membership and target fees is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,
• the minimum number of members of the partnership is 7,
• the chairman can now be elected for 5 years, and not 2 as before, and an unlimited number of times, and in order to “overthrow” him, it is necessary to hold an extraordinary general meeting at the request of no less than 1/5 of the total number of members of the partnership,

• members of the board of directors of the partnership and their relatives cannot be members of the audit commission,

  partnership documents must be kept for 49 years,

  members of the partnership have the right to familiarize themselves with the financial statements,

  if copies of any documents are needed, then members of the partnership can obtain them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge,

• members of the partnership are obliged to comply with decisions not only of the general meeting, but also decisions made by the chairman of the partnership and the board of the partnership;
• the concept of “residential building” was introduced, excluding the definitions “dacha”, “ country house", "dacha farming" - this was done in order to prevent legal uncertainties,
• a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential house can be transferred to a garden house (for example, to reduce property taxes), but in this case it will be necessary to justify one or another degree of capital of the garden or residential building , in accordance with established requirements and rules,
• permanent structures cannot be erected on garden plots - only temporary garden houses that are not real estate can be erected on them,
• The difference between gardeners and vegetable gardeners, according to the new law:
  1. gardeners can build residential buildings on the site and register in them,
  2. gardeners can only build garden houses for seasonal living,
• if the majority of the members of the partnership want to become gardeners, then demolition of already built full-fledged residential buildings (not seasonal) will not be necessary, but at the time the law comes into force, ownership of the buildings must be registered,
• if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses,
• owners of plots with unregistered buildings need to know that in the near future it is planned to legislatively establish a tax on land that is five times higher - in this regard, a corresponding bill is being developed (on amending the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered buildings are located, multiplied by a certain coefficient),
• it has been established that the maximum area of ​​public land (including land plots along which roads are laid and power poles are located, necessary for the installation of a transformer, a garbage dump, a board house, a children's playground, the organization of public spaces between fences where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area occupied by all personal land plots combined,
• common use property belongs to the members of the partnership on the right of shared ownership in proportion to the area of ​​their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners this tax situation will probably please, but the joy will be relative, since their taxes: will still increase, since they will still have to pay for their share of the collective property;
• It is allowed to conduct gardening and vegetable farming without forming a legal entity, and if the owners of land plots wish to be members of a partnership, they are offered such an opportunity by law (both for land owners and for citizens who have rights to perpetual use or lease of land plots),
• the powers and responsibilities of non-profit organizations created to conduct gardening, truck farming and summer cottage farming are spelled out:
  1. for the convenience of voting, internal-absentee and correspondence forms holding general meetings of members of the partnership,
  2. the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the gratuitous transfer of part of the property of common use (roads, power grid facilities, water supply, communications and other objects) into state or municipal ownership - in other words, collective property, according to the new law, it is possible not to divide into shares, but to give it entirely to some legal entity (for example, to transfer a transformer and networks to an energy company, and roads to municipal authorities), and such a decision can become very expedient, since the members of the partnership are relieved of the burden of maintaining and repairing their collective property,
  3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, but he will still use the common property (electricity, road, garbage dump) and pay for it the same as the members, having only lost the right to vote at the general meeting,
• the concept of “borders of the territory of the partnership” has been refined: it has been replaced by “the territory of gardening or vegetable gardening by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of gardening or vegetable gardening,
• the definition of the concept of “common property” has been specified, possible types and purposes of using such property have been established, which will reduce the risk of property not related to its activities appearing in partnerships,
• for persons who are legal holders of land plots, but have not entered into a partnership, the following are provided:
  1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on managing such property in amounts equal to those established for members of the partnership,
  2. the right to use common property located within the boundaries of the territory of gardening or vegetable farming, equally and to the extent established for members of the partnership,
  3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of common property;
• in relation to associations created before the adoption of the law and which are the owners of property in common use, the transitional provisions provide for the obligation, before January 1, 2024, to submit for consideration to the general meeting of members of the partnership the issue of transferring such property into the common shared ownership of land owners,
• The procedure for licensing wells of partnerships has been simplified - the requirement for their compulsory licensing comes into effect on January 1, 2020 (an article is introduced into the Law “On Subsoil” that establishes the norms for the extraction of groundwater by horticultural enterprises and organizations have the right to conduct extraction for the purposes of domestic water supply until January 1, 2020 without obtaining a license to use subsoil).

An important merit of the new law is its desire to respect the rights of both those gardeners who do not want to be members of gardening associations and those who are supporters of this form of farming. The law has become a document not about legal entities, but about the relationships between citizens who run gardening and vegetable farming. It is planned to come into force on January 1, 2019. Until this moment, gardeners, summer residents and gardeners will be in a transitional period, adapting to the new rules.

The heated discussion of the bill in the final third reading in the State Duma is evidenced by this video material:

Good to know

• Why the “forest amnesty” is interesting for land owners - read
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