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Can snt be engaged in commercial activities. Gardener's Association - Accounting and Taxation

Federal Law "On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts Russian Federation"(Hereinafter - new law), adopted at the end of July 2017 (No. 217-FZ), even by its name indicates the changes caused by its appearance. 39 previously adopted legislative acts were amended and supplemented at once. Apparently, for this reason, the date for the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period for a period of 5 years from the date of entry into force for the completion of certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" (in this regard, no. 66-FZ has become invalid), can be considered as an attempt to resolve the situations that have developed in the "dacha economy" of the country, in which, somewhere successfully, somewhere and not very efficiently, 60 million gardeners, summer residents and gardeners work for their own benefit, and this is, no less, almost half of the Russian population.

The most painful issues causing great criticism, as lawmakers found out during the preparation of the law, which began in 2014, were the following:

a plurality of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all together representing 9 independent legal forms non-profit associations of citizens created for running a suburban economy)
hateful extortions in the form of membership and other types of contributions, which are not uncommon for many gardening and summer cottage associations
former administrative persecutions for the construction of residential buildings in garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on the sites, absolutely suitable for living
the high cost of drilling and construction of water wells in horticulture or in individual areas, the cost of which translates into impressive sizes (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply system, staying at dachas becomes simply unthinkable
lack of real support from municipalities to existing and emerging new dacha and garden associations to provide them with engineering communications.

How does the "garden constitution" rather than the summer cottage solve the problem?

To understand what changes the new law brought and how it affected the life of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for running a suburban economy

The new law excluded such a legal organizational form of citizens' associations as a "summer cottage non-profit partnership" general principles organizations of local self-government in the Russian Federation "," On state registration real estate ”,“ On mortgage (mortgage of real estate) ”,“ On specially protected natural areas ”,“ On agricultural cooperation ”and a number of other laws have already been introduced and will be further amended.

The complete use of the concept of dacha partnerships should disappear in 1.5 years, but the familiar words "dacha" and "dacha residents" are unlikely to disappear from the everyday vocabulary during this time. Oh, they are very dear. Historically introduced into life since the time of Peter I, who gave his entourage for their great services to the Fatherland land for estates in the magnificent environs of St. Petersburg, they came into use through the word "dacha", which meant the action of the tsar (as a derivative of the verb "to give").

The new law eliminated the artificially formed and still existing distinction between dacha and horticultural 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 suburban associations of citizens:

horticultural non-profit partnerships (SNT)
gardening non-profit partnerships (ONT)

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

The horticultural non-profit partnership and the horticultural non-profit partnership are types of real estate partnerships.

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

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

with participation in partnerships,
without participation in partnerships.

In accordance with the new law, it has been 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:

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

When the partnership is liquidated, the general use property of the partnership (with the exception of common-use real estate owned by the partnership and remaining after the creditors' claims have been satisfied) are transferred to the owners of the plots located within the boundaries of the SNT or ONT territory:

in proportion to their area,
regardless of whether these persons were members of the partnership (paragraph 1 of Article 28 of the new law).

The law also defines provisions concerning:

the grounds and procedure for admission to the partnership,
the rights and obligations of the members of the partnership,
grounds for termination of membership;
the rights and obligations of the management body of the partnership,

which are devoted to several chapters and articles of the law, 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 competent 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 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 previous body, but with partially changed powers:

the chairman representing the sole executive body,
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 contributions for the maintenance of the board with a reduced number,
the audit commission (auditor), accountable to the general meeting of the members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The governing body will already be elected for 5 years, and not for 2 years, as it is now and until 01/01/2019.Despite a noticeably longer term of office, by decision of the general meeting of the members of the partnership, it will be possible to remove the chairman or negligent members of the board for careless work and re-elect at any ripe moment.

A meeting of the board of a partnership is legally competent if at least half of its members are present. The decisions of the board of the partnership are taken by open vote by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT to HOA

By decision of the general meeting of SNT members, the owners of garden plots have the right to change the existing type of association to a homeowners' association (HOA). 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 HOA with the simultaneous satisfaction of the following conditions:

the gardening area is within the boundaries of the settlement,
residential buildings are located on all garden plots located within the boundaries of the gardening area.

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

The ability to change SNT or ONT for another type of partnership activity

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

for the production, processing and sale of crop products,
other activities not related to gardening and horticulture 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 (paragraph 1 of Article 27 of the new law), which means that it requires changes to the USRN.

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

For the transitional period, which will stretch for 5 years, that is, until January 1, 2024, the new law determined the following provisions:

DNPs, 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 apply to all previously created horticultural or summer cottage non-profit partnerships, as well as gardening non-profit partnerships, even before their statutes are brought in line with the new law:
1. or in accordance with the regulations on horticultural non-profit partnerships,
2. or in accordance with the provisions on gardening non-profit partnerships.
Bringing of the constituent documents of horticultural or summer cottage non-profit partnerships and gardening non-profit partnerships created before the introduction of the new law is carried out after the entry into force of the new law through the introduction of changes:
1. v constituent documents(title, charter and other documents) and registration of these changes in the USRN,
2. in this case, changes in the names of non-profit associations are not required, but can be carried out at the request of the interested parties,
3. a change in names does not require amending the title and other documents containing their previous names.
Buildings on garden plots registered in the USRN before 01.01.2019 with the designation "residential", "residential building" are recognized as residential buildings:
1. replacement of previously issued documents for those registered in the USRN until 1.01. 2019 buildings or amending the documents for them, changes in the USRN records, as well as changing the names of real estate objects is not required,
2. replacement of documents and names of buildings can be performed 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 USRN until 1.01. 2019, are recognized as garden houses:
1. replacement of previously issued documents for those registered in the USRN until 1.01. 2019, the specified buildings or changes in the documents for them, changes in the USRN records, as well as the replacement of the names of objects are not required,
2. replacement of documents and names of the listed buildings can be performed at the request of their rightholders.

Register of members of the partnership

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

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

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

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

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

The members of the partnership are obliged to provide reliable information necessary for maintaining the register, and promptly inform the chairman of the partnership or an authorized member of the management board about the change in information.

Failure to comply with the requirement to provide information, a member of SNT or ONT bears the risk of imposing the costs of the partnership on him due to 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 on one territory of several partnerships with a common infrastructure and one common territory. In other words, a gardening partnership within a gardening community cannot appear.

The goals of introducing this principle are quite obvious:

elimination of situations of "pulling" the advantages in using, for example, a transformer box belonging to one legal entity, and a fire reservoir belonging to another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
establishment of legal relationships between partnerships for the use and engineering infrastructure and common areas,
management of common property within the boundaries of the territory of gardening or horticulture may be carried out by only one partnership.

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

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

When preparing documentation for the planning of the territory for a partnership, land plots that simultaneously meet the following requirements are included in the boundaries of the territory of gardening or horticulture:

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

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

plots in state or municipal ownership and not provided to citizens and legal entities (their total area should be at least 20% and not more than 25% of the total area of garden or vegetable garden plots falling within the boundaries of the territory of gardening or truck farming),
plots and territories of common use, determined in accordance with land legislation and legislation on urban planning (the formation of land plots of general purpose is carried out in accordance with the approved project of land surveying).

It is prohibited to establish the boundaries of the territories of horticulture or horticulture, restricting or terminating free access from other land plots to common areas, or to common land plots located outside the boundaries of the formed territories of partnerships.

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 territory of gardening or truck farming and belonging to the members of the partnership.

The property of common use located within the boundaries of the territories of horticultural or horticultural associations includes immovable property that simultaneously meets the following 2 conditions:

property created or acquired after the entry into force of the new law,
this property belongs to the owners of land plots on the basis of common shared ownership in proportion to the area of their plots.

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

The list of needs includes:

passages and driveways to the territory
supply of heat and electric energy, water, gas
drainage
security
collection of solid municipal waste and other needs
movable things created (created) or acquired for the activities of a horticultural or horticultural non-profit partnership

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

The rightholders of land plots located within the boundaries of the territory of horticulture or truck farming use general-purpose land plots for passage and travel to their land plots on the following conditions:

free,
free of charge.

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

The new law attributed to the main goals of creating common property:

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

Common property SNT or ONT may also belong to the partnership on the basis of ownership or other rights permitted by civil law.

After registering the partnership in the USRN, the rightholders 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 their desire to acquire shares in common property in their ownership, and on a gratuitous basis and without allocating a share in kind.

After registration in the USRN of ownership of a share of common property in 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 SNT or ONT members, public property can be transferred free of charge to the municipality or to the state property of the constituent entity of the Russian Federation, in the territories of which the partnership operates, subject to the following conditions:

the general meeting of the members of the partnership made a decision on the transfer of property,
property, according to the law, can be in state or municipal ownership,
there is the consent of all owners of garden and vegetable garden plots, who have formalized the right of common shared ownership of common property to transfer it to the municipality or to state ownership.

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

Transactions with shares in common ownership of common property

In transactions with garden and vegetable plots, accompanied by the transfer of ownership of these real estate objects, the share in the common ownership of common property from the previous owner is transferred to the new owner.

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

alienate a share separately from the ownership of your garden or vegetable plot,
perform actions entailing the transfer of a share separately from the ownership of one's own garden or vegetable garden plot.

The terms of the agreement, according to which the subject of the transaction appears:

transfer of ownership of a garden or vegetable garden plot without transfer of a share in common ownership of common property,
transfer of ownership of a share in common ownership of common property without transfer of ownership of a garden or vegetable garden plot,

are negligible (if the owner of the garden or vegetable garden 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):

membership
target

You don't have to pay an entrance fee.

The lists of tasks on which contributions can be spent are limited. So, membership fees can be spent exclusively for the economic needs of the partnership, associated with the following tasks:

with the maintenance of the property of the general use of the partnership, including with the payment of rent payments for this property,
with carrying out settlements with supplying organizations - suppliers of heat and electric energy, water, gas, sewerage on the basis of agreements concluded with these organizations,
with settlements with the operator for the management of solid municipal waste on the basis of agreements concluded by the partnership with these organizations,
with improvement of general purpose land,
with the protection of the territory of gardening or horticulture and provision within the boundaries of such territory fire safety,
with conducting audits of the partnership,
with the payment of wages to members of the board with whom the partnership has concluded employment contracts,
with the organization and holding of general meetings of members of the partnership, with the implementation of decisions of these meetings,
with the payment of taxes and fees associated with the activities of the partnership, in accordance with the legislation on taxes and fees.

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

with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, in order to further provide the partnership with such a land plot,
with the preparation of documentation for the planning of the territory of gardening or truck farming,
with the conduct of cadastral works for entering into the USRN information about garden or vegetable garden plots, general-purpose land plots, about other real estate objects related to public property,
with the creation or acquisition of common-use property necessary for the activities of the partnership,
with the implementation of measures outlined by the decision of the general meeting of the 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 pay contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from a member of SNT or ONT in court.

Those individual gardeners and gardeners who did not want to become members of SNT or ONT are now obliged to pay contributions on an equal basis with members of associations (Article 5 of the new law). Failure to pay is fraught with the same consequences as for members of SNT or ONT. This is 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 collection and security) in an amount that is less than that of members partnerships, and not pay contributions to the salaries of the chairman and members of the board of SNT or ONT. Under the new law, individuals also have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on the issues of establishing the frequency and size of contributions. No, as before, only the right to participate in the election of the chairman and members of the board.

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

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

In general, the amount of contributions is determined on the basis of the partnership's income and expense estimates and a financial and economic justification approved by the general meeting of the partnership's members. Also, the charter may establish the procedure for collection and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their collection in court.

What is allowed to build on garden and horticultural plots?

New construction of capital residential buildings for permanent residence, according to the introduced law, is allowed 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:

town planning regulations were approved,
in accordance with the city regulations, the limiting parameters of the 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 "Sisyphean labor" with a positive result only by a court decision, which recognized the residential building as capital and suitable for permanent residence.

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

In addition, the new law simplified the procedure for transferring an already existing garden (that is, non-capital building) house to a capital residential building and vice versa.

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

Those developers of garden plots who managed to build on them, as allowed by Federal Law 66 (Article 33), “non-capital residential buildings” and even register ownership of them in the USRN, were just lucky, since under the new law they will not be considered arbitrary construction. Such cases affected, in particular, plots and buildings on land allocated at one time by the Ministry of Defense.

To exclude ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, all concepts are specially deciphered in the law (article 3 and article 23 of the new law):

garden plot- one that is intended for recreation of citizens and (or) growing by citizens for their own needs, agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages
garden house- a building for seasonal use, designed to satisfy citizens' household and other needs associated with their temporary stay in such a building (you can build garden houses without any permits and approvals)
residential building (object of individual housing construction) - 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 urban planning regulations have been approved, providing for the possibility of such construction (article 23 of the new law with accompanying explanations), while:
1. a residential building is understood separately standing building with the number of above-ground floors no more than 3, no more than 20 m high, which consists of rooms and premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in such a building, and is not intended to be divided into independent real estate objects ,
2. within a period of no later than 1 month from the date of completion of the construction or reconstruction of an individual housing construction facility or a garden house, the developer must submit to the local government a notice of 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 Urban Planning RF Code),
outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and buildings (including temporary) designed to satisfy citizens' household and other needs
garden plot- one that is intended for the recreation of citizens and (or) the cultivation of crops by citizens for their own needs with the right to place outbuildings that are not real estate objects intended for storing inventory and harvesting agricultural crops,
common property- located within the boundaries of the territory of the citizens of gardening or horticulture for their own needs:
1. capital construction objects,
2. general purpose land plots,
3. movable things created (created) or acquired for the activities of a horticultural or horticultural non-profit partnership;

common property (passage, passage, supply of heat and electric energy, water, gas, water disposal, security, collection of solid municipal waste and other needs) is used exclusively to meet the needs of citizens engaged in gardening and horticulture;

general purpose land- land plots that are common property:
1. such plots are provided for by the approved territory planning documentation,
2. such plots are intended for general use by rightholders of land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs,
3. such plots may be intended for the placement of other common property;
contributions - cash contributed by citizens who have the right to participate in the partnership (members of the partnership) to the settlement 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 horticulture for their own needs(hereinafter referred to as the territory of horticulture or horticulture) - the territory, the boundaries of which are determined by the approved documentation for the planning of the territory.

On the construction of water wells in garden and vegetable gardens

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

The Subsoil Law has been supplemented with Article 19 2, according to which:

horticultural and horticultural non-profit partnerships and rightholders of garden or vegetable garden plots located within the boundaries of their territories SNT or ONT are granted the right to use a subsoil plot of local importance for mining groundwater used:
1. for the purposes of domestic water supply,
2. for personal, household and other tasks not related to implementation entrepreneurial activity,
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 on the subsoil plots provided for use,
4. without coordination and approval of technical projects and other project documentation to perform 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 for the efficient and safe performance of work.

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

Thus, non-profit organizations created for gardening, truck farming or dacha farming prior to 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 license for the use of subsurface resources. The compulsory well licensing requirement will come into force on January 1, 2020.

Forms and procedure for support by public authorities and local governments in gardening and horticulture

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

organization of supplying partnerships with thermal and electric energy, water, gas, water disposal, fuel supply,
financing of complex cadastral works in relation to cadastral quarters, within the boundaries of which horticultural or horticultural territories are located,
gratuitous acquisition into the 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 facilities) located within the territory of horticulture or horticulture - in accordance with the statements of the partnership or participants in common shared ownership of property common use of property,
providing, on a priority basis, state and municipal support to citizens who have the right to an extraordinary, priority or other preferential purchase of garden and vegetable garden plots,

Organs state power constituent entities of the Russian Federation and local authorities have the right to support the development of gardening 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 above tasks.

Registration in garden houses

Until January 1, 2019, it was possible to register at the dacha only by a court decision, which had to recognize the house as capital, 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 USRN as a residential building.

You cannot register for permanent residence in the garden house.

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

In this regard, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from apartments where they permanently reside under social employment contracts and are excluded from the housing queue.

But the initial situation seems to be more "interesting" - the procedure for transferring a garden house to a housing stock is currently not fully defined. When the government will specify it, it is also not clear.

Conflicts between the new law and other laws

First collision

The new law defines 2 new types of partnerships (SNT and ONT), and in accordance with The Civil Code RF (Article 123.12), the creation of such a partnership as TSN is allowed only to those citizens who also own a plot of land that owns a share in common property, which includes roads, power grids, water pipes, etc.

Common property, as determined by the new law, can or belong only to a partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and state authorities. 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 registration of real estate" (No. 218 FZ), the only confirmation of ownership of the property is an entry in the USRN. To date, at least 50% of gardeners and truck farmers in Russia have not yet taken care of this record and have limited themselves only to the possession of such documents for us land as:

membership books confirming only participation in the general land acquisition for gardening (horticulture) or a purchase of plots made much earlier on such rights,
old certificates, decisions of heads of administrations on the provision of land plots, any state acts on the provision of land plots.

The percentage of such owners in the total mass of summer residents and gardeners is very high. For example, in 2017 in St. Petersburg there are 300 horticultures and vegetable gardens, but only about 100 of them have registered their land in ownership. In the Leningrad Region, where there are more than 3000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously put on cadastral registration and they were assigned cadastral numbers as previously recorded in the State Property Committee until 2008, then, without being included in the USRN, as required by Federal Law No. 218 (paragraph 3 of Article 70), which entered into force on January 1 2017, such plots should be removed from the cadastral register, recognized as ownerless and become the property of municipalities. The users and owners of such plots, therefore, will regularly join the ranks of those poor fellows who still admire their gardening membership books.

As a result, it turns out that “superfluous” summer residents, gardeners and gardeners drop out of the field of vision of the new law and that a very small number of people have the right to create SNT and ONT, and only those who not only entered a record of ownership of the plot in the register (USRN ), but also has in possession, as required by the new law, also a share in common land included in the USRN. And the new law did not establish the procedure for making entries in the USRN concerning gardening and horticulture. And all this despite the fact that in horticulture and horticulture, people still have a variety of documents on the land. A situation more than reminiscent of a squirrel running in a wheel. The "squirrels" in the bureaucratic wheel, as is clear, can be gardeners and gardeners planning to be in SNT or ONT.

Third collision

The third collision is associated with the variety of interpretations of the article about the possibility of gardening and truck farming without the formation of a legal entity.

Although the new law introduced an article, according to which it is allowed to conduct gardening and horticulture without forming a legal entity, nevertheless, it seems "vague" and allows for ambiguous perception:

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

Fourth collision

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

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

As a consequence of the indicated disadvantages of the provisions on shares in common property, situations that are negative in their consequences are not excluded when:

common land may be in the possession of a legal entity (partnership) and its founders, who at such general meetings approve, in particular, estimates, contributions, etc.,
all the owners of the plots who remain "outside the distribution board" will be obliged to maintain this legal entity and common property, pay for the acquisition of this property, but they will not become its owners and members of the partnership.

Fifth collision

There is some confusion with the transition period introduced by the law. The transition period will last until 2024. At this time, the accompanying laws will change. At the same time, since the beginning of 2019, SNT and ONT should use their charters only in that part of them that will not contradict the new norms that have changed over 5 years. It is somehow difficult to link together these two provisions of the new law, which are mutually exclusive, spelled out as “to execute cannot be pardoned.

Lyudmila Golosova, Chairperson of the Trade Union of Russian Gardeners, shares her opinion on the new law:

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

On July 20, 2017, the State Duma adopted in the third, final reading, the law regulating the conduct by citizens of gardening, truck farming and dacha farming for their own needs (Federal Law No. 217-FZ).

Consideration of numerous comments and amendments received during the discussion of the draft law resulted in significant changes reflected in the law.

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

now only 2 types of country partnerships will exist:
1. horticultural
2. gardening,
all partnerships will have to go through re-registration, decide what type they are:
1. the decision about 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 an application to Rosreestr,

contributions to new SNT and ONT:

contributions can be of only 2 types - membership and target,
there will be no entrance fees,
contributions must be transferred to the current account of the partnership,
cash contributions are not allowed,
the size of membership and targeted contributions is determined on the basis of a financial and economic justification approved by the general meeting of the 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, you need to hold an extraordinary general meeting at the request of at least 1/5 of the total members of the partnership,
part audit commission members of the board of the partnership and their relatives cannot enter,

partnership documents must be kept for 49 years,

members of the partnership have the right to get acquainted with the accounting statements,

if copies of some documents are needed, then the members of the partnership can receive 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 the authorities is free of charge,
members of the partnership are obliged to comply with the 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 "dwelling house" was introduced, which excludes the definitions of "dacha", "country house", " country house"- this is 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 real estate tax), but you will have to justify one or another degree of capital of the garden or residential house , in accordance with the established requirements and rules,
capital structures cannot be erected on garden plots - only temporary garden houses that are not real estate objects can be erected on them,
the difference between gardeners and gardeners, according to the new law:
1. gardeners can build residential houses on the site and register with them,
2. gardeners can only build garden houses for seasonal living,
if the majority of the members of the partnership wish to become gardeners, then it will not be necessary to demolish the already built full-fledged residential buildings (not seasonal), but at the time the law enters into force, the ownership of the buildings must be registered,
if the ownership of residential buildings is not registered, then such houses will have to be broken, disassembled 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 five times more land tax - in this regard, a corresponding draft law 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 land plot, on where unregistered buildings are located, multiplied by a certain coefficient),
it was established that the maximum area of common land (including land plots along which roads are laid and there are power transmission poles necessary for installing a transformer, garbage dump, boarding house, arranging a playground, organizing public spaces between fences where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
common property belongs to the members of the partnership on the basis of shared ownership in proportion to the area of their plots (the owners of large shares will have a higher tax, 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: nevertheless, will increase, since they still have to pay for their share of the collective property;
it is allowed to conduct gardening and horticulture without forming a legal entity, and if the rights holders of land plots wish to be members of the partnership, such an opportunity is offered to them by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
spelled out the powers and responsibilities of non-profit organizations created for gardening, truck farming and dacha farming:
1. for the convenience of voting, intramural and extramural forms of holding general meetings of members of the partnership are introduced,
2. the opportunity for general meetings of the members of the partnership on a voluntary basis to make a decision on the free transfer of part of the public property (roads, power grid facilities, water supply, communications and other facilities) into state or municipal property - in other words, collective property, according to the new law, can be not to divide into shares, but to give it entirely to some legal entity (for example, to transfer the transformer and networks to the energy company, and the roads to the municipal authorities), and such a decision may become very expedient, since the members of the partnership are relieved of the concern for the maintenance and repair of their collective property,
3. in case of non-payment of contributions 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, expensive, garbage) and pay for this as much as the members, having lost only the right to vote at the general meeting,
the concept of "boundaries of the territory of a partnership" has been improved: it has been replaced by "the territory where citizens conduct gardening or horticulture for their own needs," since the size of the common property that is in common share ownership and is managed by the partnership depends on the territory for conducting gardening or truck farming,
the definition of the concept of "property of common use" has been concretized, the possible types and purposes of using such property have been established, which will reduce the risk of the appearance in partnerships of property that is not related to its activities,
for persons who are rightholders of land plots, but who have not entered the partnership, the following are provided:
1. the obligation to pay for the acquisition, creation, maintenance, current and overhaul property of general use, as well as for services and work on the management of such property in amounts equal to those established for the members of the partnership,
2. the right to use property of common use located within the boundaries of the territory of horticulture or truck farming, on an equal footing and in the amount established for the members of the partnership,
3. the right to take part in voting at the general meeting of the 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 being the owners of property in common use, the transitional provisions provide for the obligation to submit to the general meeting of members of the partnership for consideration by the general meeting of members of the partnership the issue of transferring such property to 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 from January 1, 2020 (an article is introduced into the Law on Subsoil that fixes the norms for groundwater production by horticultural organizations and organizations have the right to produce for the purposes of domestic water supply until January 1, 2020 without obtaining a license for the use of subsoil).

An important merit of the new law lies in the desire to respect the rights of those gardeners who do not want to be members of horticultural associations, and those who are supporters of this form of farming. The law became a document not about legal entities, but about the relationship of citizens who run garden and vegetable gardening. It is scheduled to enter into force on January 1, 2019. Until that moment, gardeners, summer residents and gardeners will be in a transitional period, adapting to the new rules.

This video material testifies to the stormy discussion of the bill in the final third reading in the State Duma:

Good to know

What is interesting about the "forest amnesty" for land owners - read
Read about the possibility of building a residential building on farm land.
You can familiarize yourself with the calculation of taxes on real estate under the new 2019 rules.

Now on the Internet and on physical maps of the area, you can find many incomprehensible abbreviations. One of them is SNT. Not everyone can explain what it is, but what gardening is, everyone understands. These two terms mean about the same thing, only the first one is official, it is used in paperwork, in jurisprudence, in general plans for land development. The second term used to be also official, but now it has become colloquial. However, signs with the names "Gardening such and such" can still be found in many suburbs. In our article, we will answer the question in an accessible language, SNT - what does this mean from the standpoint of modern legal laws. It is important to understand this when making transactions for the purchase and sale of a land plot, as well as for conflict-free membership in a horticultural society. Let's say more, even those who are not a member of the SNT need to know the provisions of SNT, but whose sites are located on its territory.

Definition of an abbreviation

What is SNT? The definition of the abbreviation is as follows - "horticultural non-profit partnership." More simple language, SNT is voluntary associations gardeners, created so that people can jointly solve all issues related to their land plots, and thereby facilitate and simplify their gardening activities. In other words, these partnerships are needed to manage land on legal grounds... Members of horticultural associations on their plots can plant trees, set up vegetable gardens, engage in any economic activities if she does not violate the charter adopted by the partnership. In addition, it is allowed to build a house in SNT and all kinds of outbuildings. There are many people who live temporarily (for example, in the summer) or permanently in their gardening plots, and the houses they build look solid and are quite livable. It is even possible to register in them, but for this both the house and the plot must be registered as private property, and the house must be recognized as suitable for living.

What is DNP

There are several public organizations, in essence similar to SNT. The decoding of such an abbreviation as "DNP" means "dacha non-profit partnership." Previously, they were called dacha cooperatives. Members of these non-profit partnerships can also engage in gardening and horticulture, build residential and outbuildings on their plots. But if the DNP is located within the city, its land plots are legally equated to plots of individual housing construction(individual housing construction), which means that the houses built on them can be officially registered without any problems and receive a cadastral number, postal address, registration. It is clear that in the DNP the land plot of the same size as in the SNT will cost much more.

Land for garden partnerships

The first prototypes of SNT appeared almost a hundred years ago in the young Soviet state. They were called garden associations. Even then, the activities of these organizations were based on certain rules. So, their members necessarily paid dues, the size of the plots was strictly regulated (this is 6 acres familiar to many), and the area of buildings erected on them was also regulated. Now a voluntary non-profit gardening partnership can organize a group of people from 3 people. It is important to know that SNT lands should only be from the "for general use" category. Basically, these are plots of agricultural land located outside the city limits. In the 1991 Land Code, there is a clause prohibiting the organization of horticultural non-profit partnerships on land of any other category. The same Code states that in the future, the lands belonging to SNT may become the property of the members of the partnership. According to article 12 of the Federal Law - 66, adopted in 1998 and amended in 2011, territories should be zoned in Russia. The authorities can allocate land for SNT only after this process, and only in certain zones where the construction of roads, power lines and other similar objects is not planned.

registration

The process of forming horticultural non-profit partnerships is as follows:

1. People who decide to create their own non-profit horticultural partnership submit applications to the governing bodies.

2. According to the zoning, the authorities are allocating land for a new gardening partnership.

3. Registration of SNT is carried out.

Until the third point is fulfilled, the garden partnership does not seem to exist, which means that there are no members, respectively, there are no rights to the land.

This process may not be very fast, because during registration it is necessary to comply with a number of formalities, such as approval of a development project, an organization project, transfer of land to SNT ownership, approval of a list of founders, and so on. If any item is not fulfilled, registration is not carried out.

The charter

People who want to create their own gardening partnership should understand that this organization is legally responsible, which means that it has not only rights, but also a number of responsibilities, one of which is to create the SNT Charter. What it is? The charter is an appropriately approved and registered legal document that contains the provisions and rules concerning all matters related to the activities of a horticultural partnership. The Charter must indicate:

The name of the partnership (for example, SNT "Yagodka");

The address where it is located;

The number of members already in the partnership and the admissible norms for the admission of new ones;

The area of all its land plots;

Types of contributions and the procedure for making them;

The rights of members of a horticultural organization and their responsibilities;

Managment structure;

Legal form.

Governing bodies

After registration, SNT members hold the first meeting at which they approve the Charter and elect a chairman. He will represent their partnership as a legal entity. Also, delegates are elected, whose duties include: helping the chairman take care of the partnership, signing documents with him (sharing responsibility), collecting contributions, keeping records and control. The elected chairman of SNT should not be easy a good man or an experienced gardener. He must know the office work, navigate legal issues, be able to organize fire safety and much more, that is, being a good leader. His responsibilities include monitoring the work of all employees of the partnership (accountant, electrician, watchman and others). He must observe himself and demand from others to comply with the rules prescribed in the charter, conclude contracts, for example, to conduct a road to the lands of the partnership, open bank accounts, monitor the state of the territory entrusted to him and inform SNT members about upcoming events in the partnership.

Contributions

In any organization, there are always fees. In SNT, their types are as follows:

Introductory, or share (paid once);

Membership (paid monthly);

Target (the chairman of SNT at the meeting must provide information on what the money is being collected for (for example, for laying a water supply to the lands of the partnership), and then report on how the money was used);

Additional (collected if unforeseen circumstances arise).

Funds of shares are spent on the acquisition material values for the whole partnership.

Membership dues go to the salaries of the partnership's employees, the payment of general utilities, for example, lighting on the territory of the partnership (it does not take into account whether there is lighting on the site of a member of the SNT), on running costs... The size of the membership fee depends on the number of occupied sites. The size of the share contribution is equal to the sum of 5 members.

Rights of members of SNT

There are people who are planning to build a residential building on the SNT site. In this case, the dacha can become a permanent place of registration and residence if there is an act certifying that the erected building meets the standards for residential buildings. In other words, SNT members have the right to build housing on their plots, but a lot of documents will be required to register it.

I would like to highlight the main tenet of all SNT: no matter how many sites its members own, they all have equal rights and only one vote at the meeting when making any decisions.

Each member of the gardening partnership has the right to do the following:

Participate in meetings;

Elect the board and be elected;

Require a report on the activities carried out by the chairman of the SNT;

Carry out any activity on your land plot that is not prohibited by the Charter of the partnership (construction, breeding poultry, bees, and so on);

Dispose of the site at your own discretion (donate, sell);

Use all public infrastructure facilities of SNT (light, water, road);

Have unhindered access to your site;

Leave the partnership if the desire arises;

Be hired by your horticultural partnership, if any vacant place in his specialty.

I would like to draw your attention to the fact that you can join the SNT after submitting an application and making a positive decision at a meeting of its members.

Obligations of members of a horticultural partnership

All SNT members are required to obey the following rules:

Pay contributions on time;

Within three years from the date of receipt, master your garden plot;

Carry out any activity on it that does not violate the Charter of SNT;

Take part in social events;

Do not create problems for your neighbors by your activities;

Obey the decisions made at the meeting of the members of the partnership.

Withdrawal from a horticultural partnership

If desired, each landowner can leave the SNT. What does this entail?

By law, nothing is wrong. Such a person retains his land allotment, he can continue to use the infrastructure of SNT (light, road and other public facilities), carry out gardening activities on his site.

What an individual landowner should not do:

Go to meetings;

Obey their decisions;

Take part in social events of SNT;

Pay membership fees.

What an individual landowner must do:

Make contracts with SNT for the use of light, water, roads and other public facilities;

Pay for the use of all SNT infrastructure facilities;

Demand your share of the SNT property, purchased with the money of SNT members, in proportion to your deposited funds.

Pros and cons of SNT

People who strive to have a piece of paradise, created with their own hands, outside the city, are happy to become members of SNT. Reviews about their activities are different. According to the majority of respondents, there are many advantages to those garden partnerships led by an intelligent and honest chairman. The advantages of SNT are as follows:

There is security;

Always well-groomed clean area;

There are good access roads to the garden plot;

The ability to calmly do what you love;

Those who wish can build a house on the site and register in it.

Notable disadvantages:

The location is not always good;

Too many additional contributions are sometimes collected;

Not all SNTs have good infrastructure;

Difficulties with registration of ownership and, as a result, registration of the house.

This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal department.

I want to warn you right away: gardeners do not agree with all the answers, they argue with many and consider the current situation to be unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect, so inconsistent with each other, that gardeners found themselves outside the legal field. The solution of almost all problems of gardeners, whether it is the implementation of the "dacha amnesty" or compliance with fire safety requirements, the state is trying to shift onto the shoulders of the gardeners themselves! Officials almost always respond to requests for help: “Collect money and do it” ... And it’s quite a cannibalistic practice - to impose all kinds of fines on gardening partnerships for “failure to comply with the rules and regulations” ...
Alas, while normal legislative work in our area is being replaced everywhere by imitation and talking shop, and if some legislative acts are slipping through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the “dacha amnesty” adopted before the last elections to the State Duma. The result is massive boundary disputes between neighbors. Boundary conflict in jurisprudence- the most difficult (and expensive!) Matter to be solved, it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we need to learn to protect ourselves. Let's jointly resist the illegal demands of officials, raiders, all kinds of politicians who are trying to use us for their own selfish ends ...
And our main weapon in this will be legal knowledge. When you know well even bad laws, there is a chance to defend your rights and achieve justice!

Your Andrey Tumanov,
Chairman of the Council of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Vashi 6 acres".

1. What is SNT?

Answer: SNT is a horticultural non-profit partnership, non-profit organization, founded by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening. Also, an association can be created in the form of a non-profit partnership and a consumer cooperative.

2. If I have a garden plot - should I build something there or can I just plant a garden?

Answer: in accordance with Art. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-ФЗ dated April 15, 1998 (hereinafter - the law on gardeners), a garden land plot is provided to citizens for growing fruit, berry, vegetable, melon or other crops and potatoes , as well as for recreation (with the right to erect a residential building and utility buildings and structures). Thus, to achieve the purpose of using garden plot it is enough to master the land - to plant a garden, to set up a vegetable garden. Buildings are optional. At a summer cottage, the construction of a residential building or residential building is a priority task.

3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I register this plot as my property?

Answer: most of the garden plots were provided on a lease or fixed-term basis, in order, firstly, to give citizens the opportunity to grow food necessary for survival, and secondly, to quickly and without reimbursing the value of property to withdraw land after harvest. Currently, some of these sites are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot has been built up, then the building may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized building and, by a court decision, can be demolished at the expense of the person who built it.

4. If the partnership is not a profit, does this mean that I do not have to pay dues?

Answer: non-profit organizations are organizations that do not have profit-making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity... The activities of SNT are aimed at meeting the needs of members in energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.

5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?

Answer: in the garden and summer cottage there is no provision for the possibility of planting fruitless trees, and in the garden plot there is no provision for the planting of any trees and shrubs at all.

6. Should SNT contain the territory adjacent to the external borders (behind a common fence)?

Answer: The answer to this question is contained in the acts of the local self-government bodies on the territory of which the association is located.

7. What taxes should I pay if I have a plot in SNT?

Answer: in accordance with Art. 2 of the RF Law of 09.12.1991

No. 2003-1 "On taxes on property of individuals" the object of taxation is a residential building, apartment, room, summer cottage, garage, other building, premises and structure, as well as a share in the common ownership of this property. Property tax exempt Heroes Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of I and II groups, disabled from childhood, participants of the Civil and Great Patriotic War and some other categories of citizens.

The tax on buildings, premises and structures is not paid from residential buildings with a living area of up to 50 square meters and utility buildings and structures with a total area of up to 50 square meters located on land plots in horticultural and suburban non-profit associations of citizens. In addition, in accordance with Ch. 31 "Local taxes" of the Tax Code of the Russian Federation, the object of taxation is land plots that are on the right of ownership, life-long inherited possession and permanent perpetual use. No one is exempted from paying the land tax, however, regulatory legal acts representative bodies of municipalities may establish tax benefits, grounds and procedure for their application.

Thus, a citizen must pay tax on his property, and it must also be remembered that the SNT public property tax is included in the membership fees.

8. Is the garden plot inherited?

Answer: the garden plot is inherited on an equal basis with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.

9. Can a garden plot be sold?

Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, pledging. The contract of sale and purchase of real estate can be drawn up in a simple writing, must contain all essential conditions (object, price, and so on) and is subject to mandatory state registration in management Federal Service state registration, cadastre and cartography.

The buyer's right to a land plot arises from the moment of state registration.

10. What should be the infrastructure of SNT? Is it obligatory to conduct electricity?

Answer: the issue of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized representatives) of SNT. If the majority of members do not want to create any infrastructure object, then no one can be obliged to make contributions for the creation of such objects.

However, this provision does not apply to the necessary objects of engineering infrastructure - a fire pond, for example, or motor pumps - they should always be, regardless of the decision of the general meeting of members.

11. Who sets the amount of the annual contribution?

Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized representatives) of SNT.

12. Do I have the right to register with my garden house?

Answer: by resolutions of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P and of April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners was recognized as inconsistent with the Constitution of the Russian Federation insofar as they exclude the possibility of registering citizens at their place of residence in residential buildings belonging to them by right of ownership, which are suitable for permanent residence and are located on garden plots related to agricultural land and lands of settlements.

Thus, the theoretical possibility of registering in a residential building (this is what the garden house is called from the point of view of the law) exists, however, the process of implementing this right is complicated and is currently not debugged.

“At the same time, the owners of such land plots (garden land plots located on agricultural land) should take into account that registration at the place of residence in residential buildings suitable for permanent residence on them does not lead to the acquisition of the status of a settlement by the corresponding territory and, therefore, does not impose on public authorities the responsibility for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental human and civil rights and freedoms. Therefore, choosing a residential building located on a land plot classified as agricultural land as a place of residence, citizens should consciously accept the possible inconveniences that result from living outside the territory of settlements. "

13. The size of the membership fee - by whom, what are the payment terms?

Answer: the size of the membership fee is established by a decision of the general meeting of members (meeting of authorized

soaked) SNT.

14. What documents are the basis for state registration of ownership of a garden plot?

Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it" the basis for state registration of a citizen's ownership of a garden or summer cottage land plot may be one of the following documents:

an act on the provision of a given land plot to a citizen, issued by a state authority or a local self-government body within its competence and in accordance with the procedure, established by law acting in the place of issue of the act at the time of its issue;
an act (certificate) on the citizen's right to a given land plot, issued by an authorized government body in the manner prescribed by the legislation in force at the place of issue of the act at the time of its issuance;
another document establishing or certifying the right of a citizen to a given land plot.

15. What are the responsibilities of members of SNT?

Answer: the rights and obligations of members of the SNT are determined by Art. 19 of the law on gardeners - in Appendix No. 1 this article is given in full.

16. What is common property?

Answer: in accordance with Art. 1 of the law on gardeners, common property includes property (including land plots) intended to ensure, within the territory of the association, the needs of its members in passage, passage, water supply and drainage, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, playgrounds and sports grounds, waste collection areas, firefighting structures, etc.).

We draw your attention to the fact that in a horticultural non-profit partnership, these property objects may be jointly owned by members or owned by a legal entity - SNT itself.

17. If I want to conduct a land survey, where to start?

Answer: to carry out land surveying, it is necessary to conclude an agreement on the performance of the necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.

18. How are land disputes resolved?

Answer: if the parties cannot agree on the location of the border of the land plot, then the case is subject to trial by the court. Note that in order to resolve a land dispute, most often it is necessary to appoint a land management examination, the cost of which is high and most often incommensurate with the cost of the disputed piece of land.

Territorial jurisdiction is determined by the location of the land plot.

19. Can the chairman of the board be elected by the board of SNT?

Answer: in accordance with paragraphs. 4 p. 1 of Art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized representatives) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the SNT charter may establish the election of the chairman of the board at a board meeting.

20. Does an SNT member have a pre-emptive right to purchase a neighbor's plot?

Answer: a member of SNT has no pre-emptive right to purchase an adjacent land plot. Such a right arises only where there is common property.

21. What is a membership fee, who pays it, what other fees are there?

Answer: in accordance with Art. 1 of the Law on Gardeners, membership dues are funds periodically contributed by members of a gardening association to pay for the labor of employees who have entered into employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:

introductory and targeted - in a non-profit partnership and non-profit partnership, in consumer cooperative

ve provides for the collection of entrance, membership, share and additional fees, each of which should be

be carried out in accordance with the purposes determined by the law.

22. How to hold a general meeting of SNT members?

Answer: the general meeting of members is the supreme governing body of the association, it is regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (audit commission), not less than 1/5 of the total number members, as well as the requirement of the local government. The procedure for notifying members of the upcoming general meeting is determined by the charter of the association, it also specifies the procedure for electing authorized representatives (if the association provides for a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding the general meeting of members, the procedure for voting are determined by the rules for holding general meetings, which are approved at the general meeting of the members of the association.

23. How far from the border can I build buildings on the garden plot?

The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures ", this document is given in Appendix No. 2.

24. Can I fence myself off from my neighbors with a solid fence?

Answer: continuous fencing of a garden plot is allowed with the written consent of a neighbor. See clause 6.2 SP 53.13330.2011.

25. Is it allowed to breed bees in the garden?

Answer: in accordance with clause 7.9. * Code of rules for design and construction SP 11-106-97 "Procedure for the development, coordination, approval and composition of design and planning documentation for the development of territories of gardening associations of citizens" on the territory of the garden (summer cottage) site, an apiary is allowed ... The apiary should have a solid fence 2 m high and be located no closer than 2 m from the boundaries of the site.

26. What to do if the SNT chairman refuses to submit reports and decisions of general meetings?

Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the management bodies of the association and its control body. If the board refuses to submit documents, the refusal can be appealed in court.

27. Why are some taxes included in the estimate, in addition to the salary of the accountant, watchman and electrician?

Answer: a horticultural non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation, SNT makes contributions to all funds on an equal basis with other commercial organizations... In 2011, contributions to funds amount to 34.2% of the payroll fund. The transfer of contributions to funds is mandatory.

28. Can I install a greenhouse on my site?

Answer: yes, you can, one meter from the border of the land plot. In addition, if the greenhouse is on a foundation, you can register ownership of the property. The registration procedure is exactly the same as for the registration of any other building on the garden plot.

Answer: the amount of land tax depends on the area of the land plot, its cadastral value and the land tax rate. The area of the plot, as well as its cadastral value, can be found from the cadastral extract or found on the Rosreestr website. It can also be calculated by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of the land plot (it can be found in the certificate). The land tax rate is determined by the representative body of the municipality, on the territory of which the gardener's land plot is located.

30. Why SNT should pay for negative impact on environment, if it is not a production, does not have emissions and discharges?

Answer: the garbage placed at the landfill is the property of the association. Under the garbage disposal contract, only the transfer of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210

Of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.

31. How should the removal of household waste from SNT be organized?

Answer: garbage removal from SNT should be organized in accordance with the requirements of the acts of local government bodies on the territory of which the associations are located.

32. Is it possible to burn garbage on your site?

Answer: burning of garbage on a garden or summer cottage plot is not allowed.

33. What are the fire safety requirements for SNT?

Answer: fire safety requirements are formulated in the Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements":

P. 18 Art. 67 states that on the territory of the horticultural, vegetable gardening and country non-profit association citizens must be provided with access for fire fighting equipment to all garden plots, united in groups, and public facilities. The width of the carriageway of streets must be at least 7 meters, of driveways - at least 3.5 meters.

In clause 18.Art. 68 indicates that in order to provide fire extinguishing on the territory of the general use of the association, fire-prevention reservoirs or tanks with a capacity of at least 25 cubic meters with the number of sites up to 300 and at least 60 cubic meters with the possibility of water intake by pumps and the organization of the entrance of at least 2 fire trucks).

Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures ", the norms of which are binding.

34. Am I obligated to become a member of SNT?

Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join any association or stay in it. Thus, joining the association is a voluntary expression of the will of a citizen.

35. Should the chairman provide the tax authorities with information about the members of the association, including providing copies of passports and land certificates?

Answer: The state cadastral registration body, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order communication exchange information about the rightholders of real estate for tax purposes.

The chairman of the board of SNT should not provide information about the members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", a person who processes personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to process his personal data. Thus, if there is a need to present the personal data of members somewhere, you first need to enlist written consent the members of the association.

36. If a member of SNT does not pay fees, can he be deprived of the right to use electricity?

Answer: No. It is necessary to work with non-payers, including collecting debts on contributions in court.

37. How should biowaste be disposed of? Is a septic tank required at the site?

Answer: The answer to this question is contained in clauses 8.6-8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures "(see Appendix No. 2).

38. Is it possible to elect a chairman not from the members of the SNT?

Answer: the chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.

39. Does SNT have the right to engage in entrepreneurial activity?

Answer: yes, it does, but profit from entrepreneurial activities should not be distributed among the participants

(members) of the association, but should be spent on achieving the statutory goals of the SNT.

40. Why do gardeners pay for electricity like city dwellers when their plots are in rural areas?

Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 Methodical instructions for the calculation of regulated tariffs and prices for electric (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service of 06.08.2004 No. 20-e / 2, include horticultural, vegetable gardening or dacha non-profit associations of citizens - non-profit organizations founded by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, truck farming and dacha farming. The subject of the Federation did not use the right to grant privileges to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the tariff set for the rural population.

41. What to look for when buying a plot?

Answer: when buying a land plot, it is necessary to pay attention to the authority of the person, the selling site (is the owner or acts by proxy), to the documents on the rights to the land, whether the site was surveyed or not (if not, there may be unpleasant "surprises") ; get to know the neighbors and find out from the board of the association whether the owner of the plot has debts for contributions (if he is a member of the association) or for payments under an agreement (if he is individually). If something raises doubts (price, documents), it is better to show the documents to a lawyer and, possibly, refuse to purchase.

42. Based on what is the size of the contribution to the SNT calculated?

Answer: the amount of the contribution to the SNT is set based on the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.

43. Who can call an extraordinary general meeting of members?

Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners when creating a threat to the interests of the association and its members, or when abuses of the board members of the association and the chairman of the board are revealed, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.

44. Should a citizen who horticulture on an individual basis pay targeted contributions?

Answer: Art. 1 of the law on gardeners determines that targeted contributions are funds contributed by members of SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.

45. What should be spent on earmarked contributions to the SNT?

Answer: earmarked contributions to SNT are spent on the creation of public facilities. The property created for targeted contributions of the members of the partnership is jointly owned by the members of such an association.

46. Is a citizen engaged in gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of SNT members?

Answer: no, civil legislation is based on the recognition of the equality of the parties to an agreement, therefore, signing an agreement on the conditions established by the general meeting of members is an individual's right, but not an obligation.

47. To whom can a member of SNT entrust the right to participate in the general meeting?

Answer: a member of the SNT can entrust the right to participate in the general meeting of members to anyone, another member of the SNT, his relative or a completely outsider. It is only necessary to certify the signature of the member on the power of attorney. The signature is certified by the chairman of the board of SNT.

48. Who are the commissioners, what are their powers, how are they elected?

Answer: delegates are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of delegates. The commissioners are members of SNT, they cannot transfer their powers to other persons.

49. What are the higher authorities of SNT?

Answer: SNT has no higher authorities.

50. Is it obligatory to register buildings located on a land plot?

Answer: the registration of buildings located in garden or summer cottages is carried out in a simplified manner on the basis of a declaration of an immovable property, approved by order of the Ministry of Economic Development of Russia dated 03.11.2009 No. 447 and is a gardener's right, but not an obligation.

51. According to the documents, I was provided with a land plot with an area of 6 acres. How much land can I register if I actually use a larger area?

Answer: subject to the agreement of the boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the area obtained as a result of the survey does not exceed one minimum size a land plot provided in this constituent entity of the Russian Federation for the purpose of gardening (for a garden plot), maintaining a summer cottage, and so on. In the Moscow region, the area of the minimum plot that is provided for gardening is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can issue a plot of up to 14 acres. However, this norm of the law is rather declarative in nature, the author did not come across precedents for the registration of land plots within the established boundaries.

52. Do state and local authorities provide any support to gardeners?

Answer: State and local government bodies provide support to gardeners and their associations.

More information about programs to support associations can be found in the local government or in the executive body of the constituent entity of the Russian Federation, which is responsible for interaction with gardeners.

53. Why is a certificate from the chairman of the debts on contributions not required during a land plot purchase and sale transaction?

Answer: because such a document is not submitted for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer conclude an agreement in a simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of the seller's conscience (as well as voluntary payment of fees and debts on them), but not his obligation. We add that it is impossible to demand debts on the seller's contributions from the buyer.

54. Why did it become possible to build apartment buildings on garden plots?

Answer: because in accordance with paragraphs. 1 p. 17 art. 51 of the Urban Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the area of the building spot is not standardized.

55. How to become a member of SNT?

Answer: to become a member of the SNT, you must have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting (meeting of authorized representatives) of the association.

56. How and where can I find out who is the chairman of our SNT?

Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you need to contact the tax authorities at the place of registration of SNT.

Publicly available information about any legal entity is provided to any person who applies for a fee.

57. Why, when registering the right to common land, they demanded a receipt for 15 thousand rubles? Who installed it?

Answer: in accordance with paragraphs. 22 p. 2 of Art. 333.33 of the Tax Code of the Russian Federation, the state duty for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.

58. What documents, as a member of SNT, can I freely familiarize myself with? If the chairman of the board does not allow you to get acquainted with the charter - what to do?

Answer: as a member of SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to review the documents, such refusal can be appealed in court.

59. Where can I go if I am not satisfied with the work of the SNT board?

Answer: if a member of the association is not satisfied with the work of the board of the association, it is necessary to assemble an initiative group of at least 1/5 of the total number of SNT members and demand the convocation of an extraordinary general meeting of members,

60. Do I have to inform the board of SNT if I sell the plot or make any other transaction?

Answer: a member of the association has no such obligation. Although, in order to avoid claims for unpaid contributions, it is better to notify the board about the planned sale of the site and take a certificate stating that there are no debts in contributions. However, this is only the right of the member of the association, but not his duty.

61. What measures of influence can be applied to members of SNT and for what?

Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the charter of the association indicates, among other things, the grounds and procedure for exclusion from members of the association and the application of other measures of influence for violation of the charter or the rules of the internal order of the association. Other measures may include, for example, the collection of penalties for late contributions and payments. The amount of penalty interest is established by the decision of the general meeting of members (meeting of authorized representatives).

Answer: the board is elected by a simple majority of votes of the members present at the meeting.

63. Can a member of SNT count on the protection of their interests by the board?

Answer: there are practically no cases of active defense of the rights of SNT members by the board. However, SNT can participate in the court session as a third party.

64. Who are the founders, how did they appear, what are their rights and obligations, can the founders be excluded from the Unified State Register of Legal Entities?

Answer: founders are those citizens who decide to create SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with clause 4.11 of the canceled order of the Federal Tax Service of the Russian Federation of November 1, 2004 No. SAE-3-09 / 16 @ on methodological explanations for filling out the forms of documents used for state registration of a legal entity and individual entrepreneur, when submitting an application for state registration of a HOA , ST in the information about the founders, information about the members of the board is indicated.

65. Can foreign citizens become members of SNT?

Answer: Yes they can. Note that a foreigner can purchase a garden or country cottage area the property.

66. What rights do I lose when I quit the SNT members?

Answer: when you leave SNT, you will lose the right to elect and be elected to the governing bodies of SNT and the right to common property, which is jointly owned by SNT members.

67. Why are horticultural associations created?

Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations they are members. In addition, the association may be granted the right to inspect the economic and financial activities of the member associations. Public organizations should be distinguished from associations, which, although they have the word "union" in their name, this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of SNT.

68. Within our SNT, a group of members has registered their new SNT. Now they demand from us to provide part of the property. What should we do now?

Answer: citizens have the right to unite, including the right to make a decision to create "their own" SNT. At the same time, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of the members at the general meeting of members (meeting of authorized representatives) of SNT.

69. Who sets the size of the entrance fee to the SNT and when it must be paid?

Answer: the size of the admission fee is determined by the decision of the general meeting of members (meeting of authorized representatives), it is paid after the decision on admitting a citizen to the association is made. It should be remembered that the overstated size of the entrance fee will lead to the refusal of the owners of the plots to join the association.

70. Our SNT does not have a current account, we pay all contributions in cash. Is the entry in the membership book sufficient for the payment made?

Answer: no, not enough. The person accepting the contributions is obliged to issue a stub to the cash receipt order. In addition, the presence of a current account with a legal entity is mandatory! And members of SNT have the right to transfer funds to the account of the association.

71. I am the new chairman of SNT, I was elected 10 days ago. Why was the tax office fined 5 thousand rubles?

Answer: a legal entity within three working days from the date of the decision to change the constituent documents of the association - that is, its charter, if there are changes that are not related to the introduction of amendments to the constituent documents, for example, when changing the chairman of the board, within three days is obliged to notify the registering organ. To do this, it is necessary to fill out the necessary forms approved by the Decree of the Government of the Russian Federation of June 19, 2002 No. 439 "On the approval of forms and requirements for the preparation of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs". If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of the Russian Federation administrative offenses dated December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.

72. What is the difference between voluntary withdrawal from members of the SNT from exclusion?

Answer: by the fact that the withdrawal is carried out voluntarily, at the written will of the member, and the expulsion is carried out by a qualified majority of votes of the members (authorized) present at the general meeting, for those violations of the charter for which expulsion from the members is provided as a measure of influence.

73. What will happen to my site if I am expelled from the SNT?

Answer: the site will remain on the same right as it was. That is, it is also owned. The only case when questions about the fate of a plot may arise if the entire land acquisition was granted to the ownership of a legal entity or to the common property of members.

74. Do citizens of privileged categories (disabled, veterans, large families) have the right to receive land plots?

Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the entry into force of the Land Code of the Russian Federation, such provision is made for a fee. Free provision land ownership after 2001 is practically not found.

75. I believe that a targeted contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?

Answer: no, they are not right. If the decision to create an infrastructure facility is made by a decision of an eligible general meeting, then regardless of whether you were at the meeting, voted for the decision or against, the target contribution must be submitted. If the installment is not deposited, the board can collect the debt in court.

76. What laws regulate the activities of horticultural associations of citizens?

Answer: at present, the activities of horticultural, dacha and vegetable gardening non-profit associations of citizens are regulated by the following regulations:

The Constitution of the Russian Federation;
The Civil Code of the Russian Federation;
The Land Code of the Russian Federation;
The Tax Code of the Russian Federation;
Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and suburban non-profit associations of citizens";
Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs";
Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it";
Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre";
Federal Law No. 137-FZ of October 25, 2001 "On the Enactment of the Land Code of the Russian Federation";
The Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ and many
other regulatory legal acts.

77. Who can be an auditor in SNT, are there any requirements for the qualifications of an auditor?

Answer: a member of the association who is not related or related to the members of the board (and its chairman) can be elected as the auditor of the SNT. No qualification requirements the Law on Gardeners does not apply to auditors.

78. I am selling a plot of land in SNT, should the board return all my contributions - admission, membership and earmarked?

Answer: the charter of the SNT must indicate the procedure for returning the earmarked contributions made. Membership and entrance fees are non-refundable.

79. How long will the “dacha amnesty” last?

Answer: The “dacha amnesty”, namely the effect of the simplified procedure for registering rights to land plots and buildings in dacha and garden plots, has no time limit.

80. Am I obliged to register the right to a land plot?

Answer: no, registering a title to immovable property is a right, but not an obligation of a gardener.

81. Is there any term for re-registration of rights to common lands?

Answer: re-registration by horticultural, vegetable gardening and dacha non-profit associations of citizens of the right to permanent (unlimited) use of land plots is carried out in the manner prescribed by article 28 of the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens", while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation" is not limited in time.

82. What issues can be resolved by the general meeting held in absentia?

Answer: in absentia, decisions cannot be made on the approval of the income and expenditure estimates, on the adoption of the report on the activities of the board and the audit commission, elections of the board in absentia cannot be made.

Answer: each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a particular member (by proxy), then this member has a number of votes equal to the number of powers of attorney issued, plus his one vote.

84. How many powers of attorney for participation in the general meeting of members can be issued to one person?

Answer: the number of powers of attorney issued to one person is not limited by law.

85. Does a horticultural partnership have the right to charge penalties in case of late payment of membership fees?

Answer: may, if in the charter, penalties are mentioned as measures of influence, and the general meeting of members has established their amount.

86. In what organizations should gardeners apply to protect their rights?

Answer: the body supervising the activities of non-profit organizations is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.

87. How are the membership fees of SNT members calculated legally - from a site or from a hundred square meters?

Answer: clause 1 of Art. 18 of the law on gardeners indicates that members of the SNT can be citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership. Also, this article makes it possible for minors and minors to become members of SNT if they were transferred to plots, for example, by inheritance, and also gives the right to become a member of SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join any association or stay in it - that is, membership in SNT is good.

Thus, a member of a horticultural non-profit partnership can become individual, which is the owner of the land plot located within the boundaries of the association. And if one individual is the owner of several plots, even located in different places of the partnership, he can still become a member only once. It is impossible to be “twice a member”, “three times a member”.

In accordance with Art. 20 of the law on gardeners, the general meeting of members of SNT is the supreme governing body of such an association.

The legislator does not directly indicate that the weight of the vote (the number of votes) in any way depends on the amount of property belonging to this member. An example of a direct indication of this we can see in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies":

“The decision on the issues is taken by the general meeting of shareholders by a majority of three quarters of the votes of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ: "Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives."

Thus, regardless of the number of land plots, a citizen can be a member of SNT only once and has one vote at a general meeting of members.

In accordance with Art. 1 of the law on gardeners, membership fees are funds periodically contributed by members of SNT to pay for employees who have entered into employment contracts with such an association, and other current expenses of such an association.

In essence, membership fees go to the maintenance of the legal entity and its governing bodies. Please note: not the maintenance of the property, but the legal entity itself - office and postage costs, duties, legal costs, salaries, taxes and fees.

If the rights and obligations of the members are equal, then the participation of each member in the maintenance of the legal entity must be equal.

Separately, we note that in accordance with the charter of SNT, a special fund can be formed in it, which consists of funds state support, income from entrepreneurial activities SNT, membership and admission fees. With the help of the special fund, property is created that belongs to a legal entity - SNT itself.

After the liquidation of SNT, the funds remaining after settlements with creditors are distributed equally among the former members of SNT. Thus, membership fees are equal for members regardless of the size / number of garden plots occupied.

With regard to earmarked contributions, the situation is different. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, for the repair of the road inside the SNT, the owner of three plots (as a co-owner of three shares in common property, if the shares are properly formalized) will pay a triple contribution.

However, according to Art. 245 of the Civil Code of the Russian Federation "If the shares of the participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."

Based on the foregoing, it can be concluded that in the event of the liquidation of SNT, the property (in monetary terms, after its implementation) will be divided among the members in equal shares.

Therefore, in the absence of an agreement between the members on the size of shares, targeted contributions should also be equal for all members of the SNT.

88. In our SNT there are plots whose owners do not cultivate them, we have to mow them ourselves. Can we sell them?

Answer: you can only dispose of the property that belongs to you. Obviously, the abandoned site has an owner. The disposal of such a site (even if they were given shareware to use) is fraudulent. In the presence of abandoned land in SNT, we recommend contacting Rosreestr, to the inspectors of state land control.

89. What to do with the plot, the owner of which has died, but the heirs have not appeared?

Answer: nothing can be done with such a site. V established by law According to the procedure, such property is recognized as escheat and becomes the property of the municipality.

90. I bought a plot from a member of SNT who did not pay the dues. Should I pay off his debts?

Answer: no, they shouldn't. The board must collect debts in contributions from the seller.

91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to give me a certificate that the land was lawfully provided to me. Motivates that I have not paid contributions. Is he right?

Answer: no, the chairman of the board is wrong in this case.

92. How is the redemption price of property seized for state needs determined?

Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes market price the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost profits. In the absence of an agreement on the redemption price, the issue can be resolved in court.

93. Why in SNT the subscriber under the power supply agreement is not every gardener, but the association as a whole?

Answer: for the reason that the energy supply contract is not concluded with each specific gardener, but with a legal entity as a whole.

94. Why do gardeners have to pay for losses in electrical networks?

Answer: the content of this issue is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case electrical networks... If an energy supply agreement is concluded with each specific gardener, then the payment of losses in the networks is not made.

95. Is SNiP 30-02-97 * regulatory document, the requirements of which are mandatory for all gardeners?

Answer: this document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *” has been in effect. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures ", which is included in the List national standards and sets of rules approved by the order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to part 4 of Art. 6 of the Federal Law of December 30, 2009 No.

No. 384-FZ "Technical regulations on the safety of buildings and structures" are mandatory for application.

96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized plot?

Answer: the obligation to pay land tax lies with each owner of a land plot. Registration of ownership of a land plot does not entail the termination of the obligation to participate in the maintenance of public property and the legal entity itself. Thus, the member still needs to pay membership and targeted contributions in the partnership.

97. The SNT member who did not pay the dues died. How to make the heirs pay their contributions - the father's debts and the money that they themselves owe as new owners.

Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can collect only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be collected. The owner of a land plot pays membership fees if he is a member, or pays a fee under an agreement if he is not a member and such an agreement has been concluded. If the agreement is not concluded and the citizen is not a member, he has no obligation to contribute any money to the cashier of the association.

98. How and where can you find out who is the owner of the land?

Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the copyright holder.

99. We do not want to live in SNT. What will happen to our land after the elimination of SNT?

Answer: plots owned by citizens will remain with them on the same right as before. The common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.

100. When will it be changed current law about gardeners?

Answer: Unfortunately, no one knows the answer to this question. From the point of view of common sense, this law must be canceled and the relations between property owners should be regulated in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.

The Horticultural Non-Profit Partnership (SNT) is a volunteer organization whose mission is to effectively help its members solve social and economic problems. Tasks can be related to gardening, horticulture or dacha farming. At the legislative level, the activities of SNT are regulated Law "On horticultural, horticultural and suburban non-profit associations of citizens".

Horticultural partnership- a convenient, efficient form of housekeeping. But only on condition that competent relationships are formed between the owners of neighboring plots, and the rules and norms of the organization are observed by all its participants. What is the advantage of buying a plot in SNT? According to the legislation, the owner of the land receives the right not only to grow crops, but also to erect residential and outbuildings on his site; however, you can register your residence.

Entity

A gardening partnership has its obligations to the state, it is a legally responsible organization. SNT undertake to pay bills for electricity and other resources on time, remove garbage from the territory and much more - all these obligations are spelled out in the agreement, which is concluded with the partnership as a separate legal entity. According to this agreement, responsibility for non-compliance with its points is borne not by the management of SNT and not by its individual representatives, but by the whole partnership taken together. For example, if the garbage collection that SNT leaves is not organized, penalties will be applied to all members of the partnership. Everyone pays for the negligence of one member of a horticultural organization, and vice versa. It is noteworthy that the courts usually do not consider claims from individual participants in the partnership.

The legislation governing the activities of horticultural organizations is imperfect. The only way for each of the members of the SNT to avoid the payment of fines for violations to which they are not personally involved - to select responsible people in the self-government bodies who are attentive to legal norms. The presence of members of the partnership at general meetings is in their own interests.

More complete list rights and obligations of SNT:

Acquire and exercise property and non-property rights on its own behalf
Attract borrowed funds
Conclude contracts
To act as a plaintiff and defendant in court
Be responsible for obligations with your property
Create associations and unions of horticultural and other non-profit associations

The rights and obligations of community members are determined by a separate clause of the Law. Briefly listing, we can say that the participants of the partnerships have the right to elect and be elected to the governing bodies, to demand from the governing bodies a report and full information about their activities, to independently manage the economy on their site within the established norms. In the event of the liquidation of the partnership, each member has the right to receive his share of the public property. At the same time, SNT members undertake to pay fees, comply with established regimes and restrictions, develop a land plot and take part in activities that are held by the partnership. Members of SNT are subject not only to state legislation, but also to the Charter adopted by the partnership.

SNT chairman and his duties

Economic and legal issues are dealt with by the chairman of SNT, who is elected at the general meeting by open vote. In the midst of gardening work, the chores associated with a common household can take up a lot of time, so a small salary may be assigned to the chairman on the initiative of the members of the partnership. The chairman must be ready at any time to submit a report on his activities, present documents and agreements related to SNT. When doubts arise about the legality of the decisions and actions of the chairman of the organization, an audit commission may be appointed.

General meetings

The rules for holding general meetings are determined by the Law "On horticultural, vegetable gardening and summer cottage non-profit associations of citizens." Within the framework of this regulation, the scope of competence of the meeting, the types and types of general meetings, under what conditions can be appointed extraordinary meetings should be clearly defined. Also, first of all, the agenda is formed, the method of notifying the members of the partnership about the general meeting is agreed. An important role is given to agreeing on the procedure for appointing elected bodies, holding general meetings and the method of making decisions. A quorum must also be agreed - a sufficient number of SNT members to make a decision.

The face-to-face form of the meeting assumes the personal presence of each participant in the partnership. In person, there are reporting and election meetings, discussions of income and expenditure estimates, elections of a new board and chairman. All these questions a priori cannot be solved in absentia. Meeting in absentia is a written or other remote notification of the members of the partnership about the decision.

Contributions of HOA members

The annual membership fees are calculated based on the total costs of the organization. The main part of expenses is payment for water and electricity, garbage disposal. The disadvantage of this system lies on the surface: it is "leveling". Someone uses only an electric pump for irrigation, while others have dozens of advanced electrical appliances. But electricity bills will be shared for everyone! To avoid conflicts on this basis, it is recommended that clear and unambiguous norms of resource consumption be developed already at the stage of the formation of the SNT and the drafting of the Charter. For example, for the use of welding or other equipment that actively consumes electricity, the owner of the garden can apply for permission from the board of the partnership. This is a logical rule as the costs will be borne by the entire community.

Garbage collection issues should also be agreed in advance. A rate can be set, the excess of which is paid by the owners of the plots on their own. For example, during the construction of new cottages, the waste will be much larger than usual, its removal and disposal is rightly entrusted to the owner of the new building.

In addition to annual contributions, there are also entrance, target, share and additional contributions. The entrance fee is not a membership fee, but funds for organizational expenses and paperwork. Earmarked contributions are intended for the solution of certain tasks, and share contributions are intended for the acquisition or creation of common property. Additional contributions are intended to cover losses for events, the holding of which was approved by the general meeting.

Agreement on the procedure for use and operation engineering networks , roads and other common property Land plots located on the territory of horticultural, vegetable gardening and dacha non-profit associations are owned not only by members of these associations, but also by those who do not want to be part of these organizations, as well as those who, for some reason left its membership, or was expelled. That is, there are two categories of gardeners on the territory of a horticultural association: 1. Members of a horticultural non-profit association; 2. Gardeners are individuals. In their relations with each other and with the association, as a legal entity, gardeners who are members of the horticultural association are guided by Federal Law No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", the Charter, as well as decisions of general meetings. It follows from the law that members of horticultural associations must pay three types of fees: entrance, membership and target. The charter of the partnership may determine in what order these contributions must be paid, with what frequency and in what period. At general meetings of the horticultural association, its members make decisions on the approval of the estimate, determine the needs of the partnership, plan current and future costs. After the estimate is approved, the amount of membership and targeted contributions for the year is determined. The described procedure applies only to those gardeners who are members of the association. Gardeners - individuals who have a land plot on the territory of a gardening association, must build their relationship on the basis of contracts. The conclusion of an agreement between a horticultural association and an individual gardener is mandatory both from the point of view of the law and from the point of view of the interests of both parties. After a member of the partnership has left the association, he is not obliged to execute the decisions of the general meetings, and will obey them. The charter is not a law for him. The cost estimate applies only to the members of the horticultural association. Therefore, until an agreement is concluded between the gardening association and the individual gardener, there is no reason to demand any payments from the owner of the plot. There is only one exception - payment for consumed electricity. This type of payment is made based on the readings of an individual meter, and does not depend on the presence or absence of a signed contract. As a rule, the initiator of the conclusion of a contract for the use of infrastructure facilities and other property of common use of a horticultural, vegetable gardening or dacha non-profit association is the board of such an association. If for any reason the individual gardener was not offered a draft contract, he has the right to draw up his own version and propose to the board of the association. The direction of the draft agreement to the other party in this case is considered as the direction of the offer (Article 435 of the Civil Code of the Russian Federation). An offer is a proposal addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the proposal to consider himself to have concluded an agreement with the addressee who will accept the proposal. The offer must contain the essential terms of the contract. The party that received the draft agreement must carefully read its terms and conditions, and if the terms of the agreement are completely satisfied, sign it. If the terms of the agreement are not satisfactory, it is necessary to draw up a protocol of disagreements and send it to the other party. If the disagreements that have arisen between the parties on the terms of the agreement cannot be settled amicably, the solution of this issue can be submitted to the court. You should also apply to the court in the event that, in spite of the appeal with the draft agreement on its conclusion, the other party refused, or did not answer anything. To go to court, it is necessary to prepare a substantiated statement of claim and send it to the district or city court at the location of the defendant. If the defendant is an individual gardener, then the case will be considered by the court at his place of residence, if the defendant is a gardening non-profit association - the court at his place of residence. A compulsory annex to the statement of claim will be a draft agreement that was sent to the second party (the defendant). When drawing up a statement of claim, it is necessary to comply with the conditions for its preparation, provided for in Article 131 of the Civil Procedure Code of the Russian Federation. In accordance with this provision, the statement of claim is submitted to the court in writing. The statement of claim must indicate: 1) the name of the court to which the statement is submitted; 2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by the representative; 3) the name of the respondent, his place of residence or, if the respondent is an organization, its location; 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claims; 5) the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances; 6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money; 7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by an agreement of the parties; 8) a list of documents attached to the application. In the statement of claim, it is desirable to indicate the norms of the law on which the requirements are based. In a civil case for forcing the conclusion of a contract for the use of infrastructure facilities, it is necessary to refer to the Civil Code of the Russian Federation and the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens." Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" indicates that a horticultural, vegetable garden or dacha non-profit association of citizens is a non-profit organization founded by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, truck farming and dacha farming. On the basis of Article 8 of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis. Citizens engaged in gardening, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other common property of the horticultural, vegetable garden or dacha non-profit association for a fee on the terms of agreements concluded with such an association in writing form in the manner determined by the general meeting of members of the horticultural, vegetable gardening or dacha non-profit association. Citizens engaged in gardening, horticulture or dacha farming on an individual basis on the territory of a horticultural, vegetable gardening or dacha non-profit association may appeal to the court against the decisions of the board of the horticultural, vegetable gardening or dacha non-profit association or the general meeting of its members on refusal to conclude agreements on the use of infrastructure facilities and other common property of such an association. In accordance with Part 1 of Art. 420 of the Civil Code of the Russian Federation, an agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude a contract. Compulsion to conclude an agreement is not allowed, except in cases where the obligation to conclude an agreement is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily accepted obligation. In accordance with clause 9, part 1, art. 19 FZ No. 66-FZ, a member of a horticultural partnership has the right to voluntarily leave such an association with the simultaneous conclusion of an agreement with him on the procedure for the use and operation of engineering networks, roads and other common property, therefore, horticultural association is obliged to conclude an agreement on the basis of the law. In cases of transfer of disagreements arising at the conclusion of an agreement to the court for consideration, the terms of the agreement, on which the parties had disagreements, are determined in accordance with the court's decision. The main terms of the contract include: the subject of the contract, price, responsibility of the parties, the duration of the contract. The names and data of the parties to the agreement must be fully indicated. The agreement on the procedure for the use and operation of engineering networks, roads and other common property shall be drawn up in two copies, one for each of the parties.