Register of gardeners under the new law download table
Federal Law of July 3, 2016 No. 337-FZ
about the Register of members of horticultural, horticultural and dacha associations
"On Amendments to the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens"
Federal Law of July 3, 2016 No. 337-FZ
Article 19.1. Register of members of a horticultural, horticultural or dacha non-profit association
1. Not later than one month from the date of state registration of a horticultural, horticultural or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.
2. Collection, processing, storage and dissemination of information necessary for maintaining the register of association members are carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.
3. The register of association members must contain:
1) surname, name, patronymic (if any) of a member of such an association;
2) postal address and (or) e-mail address at which a member of such an association can receive messages;
3) the cadastral (conditional) number of the land plot, the right holder of which is a member of such an association (after the distribution of land plots among the members of the association), and other information provided for by the charter of such an association.
4.
Member of the respective association must provide reliable and necessary information for maintaining the register of members of the association and timely inform the board of the association about changes in the specified information.
Sample Documents:
Application form for a member of a horticultural, horticultural, dacha partnership
To the board of SNT "____________" from the owner of the land plot No.
I ask you to enter the following information into the Register of Gardeners:
I confirm the accuracy of the information. When changing passport data and / or in the event of a change in the copyright holder, I undertake to notify the Board of the SNT within 10 days from the date of registration of the changes.
According to the Federal Law of 27.07.2006 No. 152-FZ “On Personal Data”, I give consent to the SNT “__________” for processing, namely the performance of actions provided for in paragraph 3 of Art. 3, including using automation tools, my personal data specified in this Application, by any means not prohibited by the legislation of the Russian Federation, for the purposes determined by the Charter of the SNT "__________" and other local regulatory documents and provisions of the SNT "__________". This consent is valid from the date of signing until the day of its withdrawal in writing.
__________________________________________________________________________________________
(signature, transcript of signature, date of completion)
Register of members (full name of the association in accordance with the Unified State Register of Legal Entities)
as of "____" ______________ 2017
Address (legal):______________________________
TIN: ____________________, OGRN: _________________
Creation date: "____" ____________ 20___
FULL NAME. chairman of the board:
Contact number:
|
p/p |
Full name of the member of the SNT "____________" |
Cadastral (or conditional) number of the land plot | Postal address and postal code | contact number | E-mail address |
Chairman of the Board ________________ /_____________________________
(signature) (signature transcript)
M.P.
Note: The register must be numbered, laced and sealed.
Video: "Preparation for the general meeting in the partnership"
Civil Code of the Russian Federation on the rules for holding meetings
The federal law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name testifies to changes brought about by its appearance. 39 previously adopted legislative acts were subjected to changes and additions at once. Apparently, for this reason, the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period of 5 years from the date of entry into force to complete certain reorganization procedures.
The main goal of the new law, which replaced the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" (in this regard, no. somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and gardeners work for their own benefit, and this, no less, is almost half of the Russian population.
The most painful problems that cause great criticism, as legislators found out during the preparation of the law, which began in 2014, were the following:
- the plurality of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all jointly representing 9 independent legal forms of non-profit associations of citizens created for country farming)
- malicious extortions in the form of membership and other types of contributions, not uncommon for many horticultural and dacha associations
- former administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on plots that are absolutely suitable for living
- the high cost of drilling and building water wells in horticulture or in individual areas, the cost of which translates into impressive amounts (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
- the lack of real support from the municipalities for existing and emerging new dacha and garden partnerships to provide them with engineering communications.
How does not the dacha, but the “garden and garden constitution” solve problems?
In order 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 country farming
The new law excludes such a legal organizational form of citizens' associations as a "dacha non-profit partnership", in connection with which the Land, Town Planning, Water, Civil Codes, Housing RF, federal laws "On subsoil", "On non-profit associations", "On general principles of the organization of local self-government in the Russian Federation”, “On State Registration of Real Estate”, “On Mortgage (Pledge of Real Estate)”, “On Specially Protected Natural Territories”, “On Agricultural Cooperation” and a number of other laws have already been and will be introduced further relevant changes.
The use of the concept of dacha partnerships should completely disappear in 1.5 years, but it is unlikely that the words “dacha” and “dacha residents” habitual to hearing will disappear from the everyday vocabulary during this time. Well, they are very family. Historically introduced into life since the time of Peter I, who granted 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", meaning the action of the king (as a derivative of the verb "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, horticultural and dacha non-profit associations of citizens” and established only 2 types of legal status for suburban associations of citizens:
- horticultural non-profit partnerships (SNT)
- horticultural non-profit partnerships (ONT)
The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.
A horticultural non-profit partnership and a horticultural non-profit partnership are types of partnerships of real estate owners.
New garden and garden plots, as before, are formed from the lands of settlements or from agricultural lands. Each garden or horticultural land plot may be included within the boundaries of only one horticultural or horticultural area.
Gardening or horticulture on garden or garden plots located within the boundaries of the territory of the partnership can be carried out by the right holders of the plots in the following organizational and legal forms:
- with partnerships,
- without partnerships.
In accordance with the new law, it is established that an association 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 suit of the state authority of the constituent entity of the Russian Federation,
- at the claim of the local government at the location of the territory of horticulture or horticulture,
- at the claim of the owner or right holder of a garden or garden plot located within the boundaries of the territory of horticulture or horticulture.
Upon liquidation of the partnership, the property of the general use of the partnership (with the exception of real estate of common use, owned by the partnership and remaining after the satisfaction of creditors' claims), is transferred to the owners of plots located within the territory of the SNT or ONT:
- in proportion to their area,
- regardless of whether these persons were members of an association (paragraph 1 of article 28 of the new law).
The law also defines provisions regarding:
- grounds and procedure for admission to membership in the partnership,
- rights and obligations of members of the association,
- grounds for termination of membership;
- the rights and obligations of the governing body of the partnership,
to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.
The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are made by a qualified majority of at least 2/3 of the total number of members of the partnership present at the general meeting.
The management body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:
- 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 not more than 5% of the number of members of the partnership, which not only creates a certain convenience in the "management" of the board itself by the members of the partnership, but also reduces the size of membership contributions to the maintenance of the board with a reduced number,
- audit commission (auditor), accountable to the general meeting of members of the partnership.
The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years already, and not for 2 years, as it is now and until 01/01/2019. Despite the noticeably longer term of its powers, 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 the careless work and be re-elected at any time.
A meeting of the board of an association is competent if at least half of its members are present. Decisions of the board of the association are made by open voting 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 association is decisive.
Possibility of changing SNT to HOA
By decision of the general meeting of members of the SNT, 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 a partnership of property owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:
- the gardening area is located 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 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 possibility of changing SNT or ONT to another type of activity of the partnership
A horticultural or horticultural non-profit partnership may change the type of activity, again by decision of the general meeting:
- for the production, processing and marketing of crop products,
- other activities not related to horticulture and horticulture and allowing the creation of a consumer cooperative.
The creation of a production cooperative is a reorganization of the former 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 last for 5 years, that is, until January 1, 2024, the new law defines the following provisions:
- DNP, dacha cooperatives, dacha farms, horticultural 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 dacha non-profit partnerships, as well as horticultural non-profit partnerships, even before their charters are brought into line with the new law:
- or in accordance with the provisions on horticultural non-profit partnerships,
- or in accordance with the provisions on horticultural non-profit partnerships.
- Bringing the constituent documents of horticultural or dacha non-profit partnerships and horticultural 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:
- in constituent documents (title establishing, charter and other documents) and registration of these changes in the USRN,
- changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
- changing the names does not require changes in title and other documents containing their former names.
- Buildings on garden plots registered in the USRN before January 1, 2019 with the designation "residential", "residential building" are recognized as residential buildings:
- replacement of previously issued documents with those registered in the USRN before 01.01. 2019 buildings or amendments to documents for them, changes in the USRN records, as well as replacement of the names of real estate objects are not required,
- replacement of documents and names of buildings can be performed at the request of the right 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 before 1.01. 2019, are recognized as garden houses:
- replacement of previously issued documents with those registered in the USRN before 01.01. 2019, these buildings or amendments to the documents for them, changes in the USRN records, as well as replacement of the names of objects are not required,
- replacement of documents and names of the listed buildings can be performed at the request of their right holders.
Register of partnership members
The distribution of plots among the members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.
Garden and garden plots of land, which are in state or municipal ownership, are provided to citizens 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 the 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 board.
The register of partnership members contains the following information:
- about the members of the association,
- cadastral (conditional) number of each land plot, the owner of which is a member of the SNT or ONT (after the allocation of land plots between the members of the partnership).
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 board of changes in information.
Failure to comply with the requirement to provide information, a member of the SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.
The principle of territorial subordination of partnerships
The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with a common infrastructure and one common area on the same territory. In other words, a garden partnership cannot appear inside a garden partnership.
The purpose of introducing this principle is quite obvious:
- exclusion of situations of “pulling” advantages in using, for example, a transformer box owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
- establishing legal relationships between partnerships for the use of engineering infrastructure and common areas,
- management of common property within the boundaries of the territory of gardening or horticulture can be carried out by only one partnership.
Since the introduction of the new law into force, the owners of garden or garden plots located within the boundaries of the territory of the SNT or ONT have the right to create only one horticultural or horticultural non-profit association. Its boundaries should be determined in accordance with the territory planning documentation:
- prior to its approval by the municipal authorities, the documentation on the planning of the territory must be approved by the decision of the general meeting of the members of the partnership,
- preparation and approval of a territory planning project for a gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and general-purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land surveying project.
The boundaries of the territory of horticulture or horticulture, when preparing documentation for the planning of the territory for the partnership, include land plots that simultaneously meet the following requirements:
- the plots are owned by the founders of the partnership,
- plots constitute a single, inseparable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.
When forming new horticulture and horticulture and preparing documentation for the planning of their territory, the boundaries of their territories also include:
- plots that are in state or municipal ownership and not provided to citizens and legal entities (their total area must be at least 20% and not more than 25% of the total area of garden or garden land falling within the boundaries of the horticulture or horticulture area),
- plots and territories of common use, determined in accordance with land legislation and legislation on urban planning (the formation of general-purpose land plots is carried out in accordance with the approved land surveying project).
It is prohibited to establish the boundaries of horticulture or horticulture territories that restrict or terminate free access from other land plots to common areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.
Common property in SNT and ONT
One of the tasks of SNT and ONT is the management of common property located within the boundaries of the territory of gardening or horticulture and owned by members of the partnership.
Common property located within the boundaries of the territories of horticultural or horticultural associations includes real estate that simultaneously meets the following 2 conditions:
- the property was 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 the right of common shared ownership in proportion to the areas of their plots.
Such property, represented by capital construction projects and general-purpose 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 electricity, water, gas
- drainage
- security
- collection of municipal solid waste and other needs
- movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership
General purpose land plots related to common use property are formed during the development of documentation for the planning of the territory of gardening or horticulture.
Owners of land plots located within the boundaries of the territory of horticulture or horticulture use general-purpose land plots for passage and travel to their land plots on the following conditions:
- free,
- without charge.
No one has the right to restrict the access of right holders of plots to their land plots.
The main goals of creating public property by the new law include:
- use by all right holders of land plots located within the boundaries of the SNT or ONT territory for their own needs,
- placement on common areas of other common property (for example, sports or children's playgrounds, their equipment, etc.).
Common property of an SNT or ONT may also belong to the partnership on the basis of ownership or other right permitted by civil law.
After registration of the partnership in the USRN, the owners of the plots included in it can decide at a general meeting with the presence of 100% of the members of the SNT or ONT on the desire to acquire shares in the common property in the property, moreover, free of charge and without allocating a share in kind.
After registration in the Unified State Register of Real Estate Rights of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.
By decision of the general meeting of members of the SNT or ONT, 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 whose territories the partnership operates, subject to the following conditions:
- the general meeting of the members of the partnership decided to transfer the property,
- property, by law, may be in state or municipal ownership,
- there is the consent of all owners of garden and garden plots, who have also issued the right of common shared ownership of common property to transfer it to the municipality or state property.
Execution may not be levied on immovable property of common use owned by the partnership. In the event of liquidation of the partnership, such property is transferred free of charge to the common shared ownership of the owners of garden or garden plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (paragraph 2 of article 28 of the new law).
Transactions with shares in the right of common ownership of common property
In transactions with garden and garden plots, accompanied by the transfer of ownership of these real estate objects, the share in the common ownership of the common property from the previous owner passes to the new owner.
The owner of a share in the right of common ownership of common property does not have the right to:
- alienate a share separately from the ownership of your garden or garden plot,
- perform actions that entail the transfer of a share separately from the ownership of one's garden or garden plot.
The terms of the agreement under which the subject of the transaction appears:
- transfer of ownership of a garden or garden plot of land without transfer of a share in the common ownership of common property,
- transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or garden plot of land,
are void (if the owner of the garden or garden plot owns such a share).
Contributions to SNT and ONT
The new law establishes only 2 types of contributions that must be made by members of the SNT or ONT in a bank to the settlement account of the partnership (Article 14 of the new law):
- membership
- targeted
You won't have to pay an entry fee.
The lists of tasks for which contributions can be spent are limited. So, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:
- with the maintenance of the common use property of the partnership, including the payment of lease payments for this property,
- with settlements with supply organizations - suppliers of heat and electricity, water, gas, sanitation on the basis of contracts concluded with these organizations,
- with settlements with the operator for the treatment of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
- with landscaping for general purposes,
- with the protection of the territory of horticulture or horticulture and the provision of fire safety within the boundaries of such territory,
- with the audit of the partnership,
- with the payment of wages to members of the management board with whom the partnership has concluded employment contracts,
- with the organization and holding of general meetings of the members of the partnership, with the implementation of the decisions of these meetings,
- with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.
With regard to 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 such a land plot to the partnership,
- with the preparation of documentation for the planning of the territory of horticulture or horticulture,
- carrying out cadastral work to enter into the Unified State Register of Real estate information about garden or garden land plots, general-purpose land plots, other real estate objects related to public property,
- with the creation or acquisition of common property necessary for the activities of the partnership,
- with the implementation of measures outlined by the decision of the general meeting of members of the partnership.
The total annual fee will be equal to the sum of the annual targeted and membership fees of a member of the partnership.
The obligation to make contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from a member of the SNT or ONT in a judicial proceeding.
Those individual gardeners and gardeners who did not wish to become members of the SNT or ONT are now required to pay contributions on an equal basis with members of partnerships (Article 5 of the new law). Non-payment is fraught with the same consequences as for members of the SNT or ONT. This is one of the differences between the new law and the previous law on summer residents, which allowed individuals to pay for the use of various resources (electricity, water, gas, if it is connected, as well as for garbage collection and security) in an amount less than that of members. partnerships, and not pay contributions to the salary of the chairman and members of the board of the 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 issues of establishing the frequency and size of contributions. No, still, only the right to participate in the election of the chairman and members of the board.
The charter of the SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:
- different volume of use of common property depending on the size of the garden or 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 the land plot or real estate objects located on it.
In the general case, the amount of contributions is determined on the basis of the income and expenditure estimate of the partnership and the financial and economic justification approved by the general meeting of members of the partnership. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their recovery in court.
What is allowed to build on garden and garden 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 land use and development rules (LZZ), for which:
- urban planning regulations approved,
- in accordance with urban regulations, limiting parameters of permitted construction have been established.
Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the entry into force of the new law, registration in them turned into “Sisyphean labor” with a positive result only by a court decision that recognized the residential building as capital and suitable for permanent residence.
The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.
In addition, the new law has simplified the procedure for transferring an existing garden (that is, non-capital construction) house to a permanent residential building and vice versa.
Garden plots should be used only for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.
Those developers of garden plots who managed to build on them, as Federal Law 66 (Article 33) allowed, “non-capital residential buildings” and even register their ownership in the USRN, were just lucky, because according to the new law they will not be considered unauthorized construction. Such cases affected, in particular, sites and buildings on lands allocated at one time by the Ministry of Defense.
To avoid 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) cultivation by citizens for their own needs, crops with the right to place garden houses, residential buildings, outbuildings and garages
- garden house- a building for seasonal use, designed to meet citizens' domestic and other needs related to their temporary stay in such a building (garden houses can be built 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 land use and development rules, 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:
- a residential building is understood to be a stand-alone building with no more than 3 above-ground floors, no more than 20 m high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building, and not intended for division into independent real estate objects,
- no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction or garden house, the developer must submit to the local government a notification of the completion of construction or reconstruction (article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of article 55 of the Town Planning code of the Russian Federation),
from 08/03/2018, it is not required to obtain a permit for the construction or reconstruction of an individual residential building, but in order to carry out construction, it is necessary to notify the local administration of the planned construction of a residential or garden house by registered mail, through the public services portal or through the MFC, indicating with your notification those information that is listed in paragraph 1 of Article 51.1 of the Town Planning RF - the notification procedure for the construction of residential buildings is established by the Federal Law "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" No. 340-FZ of 08/03/2018 - in other words, if earlier for residential or country houses erected on country or garden plots, no permits were required to register ownership, then with the innovation for such objects it is also necessary to send notifications of the start and completion of construction, that is, such houses must meet the requirements, as well as objects IZHS (until March 1, 2019 for such houses allows all registration of property without sending notices of the beginning and end of construction)
- outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) designed to meet citizens' domestic and other needs
- garden plot of land- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storage of inventory and harvest of agricultural crops,
- common property- located within the boundaries of the territory of gardening or horticulture for their own needs by citizens:
- capital construction projects,
- general purpose land,
- movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership;
public property (passage, passage, supply of heat and electricity, water, gas, sewerage, security, collection of municipal solid waste and other needs) is used exclusively to meet the needs of citizens engaged in horticulture and horticulture;
- general purpose land plots- land plots that are public property:
- such sites are provided for by the approved documentation for the planning of the territory,
- such plots are intended for general use by the right holders of land plots located within the boundaries of the territory of gardening or horticulture by citizens for their own needs,
- such plots may be intended for the placement of other common property;
- contributions- funds 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;
- the territory of gardening or horticulture by citizens for their own needs(hereinafter - the territory of gardening 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 on garden and garden plots
With regard to the construction of water wells in garden and garden plots, in accordance with the new law (Article 31), amendments were made to the Federal Law "On Subsoil".
The Law "On Subsoil" is supplemented by Article 192, according to which:
- Horticultural and horticultural non-profit partnerships and right holders of garden or vegetable garden plots located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used:
- for the purposes of household water supply,
- for personal, domestic and other tasks not related to the implementation of entrepreneurial activities,
- groundwater extraction can be carried out in a simplified manner:
- without conducting a geological study of the subsoil,
- without conducting a state examination of mineral reserves,
- without geological, economic and environmental information about the subsoil plots provided for use,
- without coordination and approval of technical projects and other project documentation for the performance of work related to the use of subsoil,
- 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 for 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 the rational use and protection of subsoil.
Thus, non-profit organizations established to conduct gardening, horticulture or dacha farms before the entry into force of the new law have the right to extract groundwater for domestic water supply of these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil. The requirement for mandatory well licensing will come into force on January 1, 2020.
Forms and procedure for support by public authorities and local self-government of horticulture and horticulture
The new law (Article 26) introduces the obligation of municipalities to develop their municipal and investment programs to support horticulture and horticulture, providing, in addition to educational work to popularize horticulture and horticulture or the introduction of special units involved in the implementation of regional and municipal policies to support horticulture and horticulture, the decision important tasks such as:
- organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
- financing of complex cadastral works in relation to cadastral quarters within the boundaries of which gardening or horticulture areas are located,
- gratuitous acquisition in the state ownership of a constituent entity of the Russian Federation or in municipal ownership of common property (roads, electric grid facilities, water supply, communications and other facilities) located within the boundaries of 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 the property,
- granting, as a matter of priority, state and municipal support to citizens who have the right to an extraordinary, priority or other preferential purchase of garden and orchard plots,
State authorities of the constituent entities of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established at the local level in accordance with the legislation of the Russian Federation.
For these tasks, the authorities have the right to use federal budget funds.
Registration in garden houses
Until January 1, 2019, it was possible to register in a dacha only by a court decision, which was supposed 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.
It is not possible to register for permanent residence in the garden house.
Recognition of a garden house as capital and suitable for permanent residence may equate it, by appointment, with an individual residential house, which, in turn, may mean its status as a second residential property.
In connection with this circumstance, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from the apartments where they permanently reside under social tenancy agreements and excluded from the queue for housing.
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 clarify it is also not clear.
Collisions 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 of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only for those citizens who also own a plot of land that owns a share in public property, which includes roads, electricity, water supply, etc.
Common property, as defined by the new law, may or may not belong 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 the problems of managing property and developing 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 a property is an entry in the Unified State Register of Real Estate. To date, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents as:
- membership books confirming only participation in the general land allocation for gardening (horticulture) or the purchase of plots made much earlier on such rights,
- old certificates, resolutions of heads of administrations on the provision of land plots for ownership, 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 St. Petersburg in 2017, there are 300 horticulture and horticulture, but only about 100 of them registered their land in ownership. In the Leningrad Region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.
Even if the plots were previously put on cadastral registration and they were assigned cadastral numbers as previously registered in the State Property Committee before 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 transferred to the ownership 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 “extra” summer residents, gardeners and gardeners fall out of the field of view 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 made an entry about the ownership of the plot in the register (EGRN ), but also owns, as required by the new law, also a share in public lands entered into the USRN. And the new law did not establish the procedure for making entries in the USRN relating to horticulture and horticulture. And all this despite the fact that in gardening and horticulture people still have a variety of land documents. The situation is more than reminiscent of the running of a squirrel in a wheel. “Protein” in the bureaucratic wheel, as you know, can be gardeners and gardeners who plan to be in SNT or ONT.
- Third collision
The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.
Although the new law introduced an article, according to which horticulture and horticulture without the formation of a legal entity is allowed, nevertheless, it seems to be “vague” and allows for ambiguous perception:
- individuals cannot apply for a settlement, which means they will not have to rely on municipal support measures,
- individuals “honored” with the obligation to pay contributions 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, of course, a matter voluntary, but we will not tolerate individuality”).
- Fourth collision
We are talking about the provision of shares in common property. According to the new law, all 100% of the owners of plots in SNT or ONT at their general meeting must decide on the desire to purchase shares in public 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 reality of holding a meeting, which must be attended by 100% of the owners of plots in SNT or ONT.
As a consequence of the indicated minuses of the provision on shares in common property, situations that are negative in their consequences are not excluded when:
- public 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 owners of land plots left “out of distribution” will be required to maintain this legal entity and public 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 transitional period introduced by the law. The transition period will last until 2024. Related laws will change at this time. At the same time, from the beginning of 2019, SNT and ONT should use their charters only to the extent that they do not contradict the new norms that have changed over the course of 5 years. It is somehow difficult to link together these 2 provisions of the new law, which are mutually exclusive, spelled out as “execution cannot be pardoned.
Lyudmila Golosova, Chairman of the Trade Union of Russian Gardeners, shares her opinion on the new law:
Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law
On July 20, 2017, the State Duma adopted in the third, final reading, a law regulating gardening, horticulture and dacha farming by citizens for their own needs (FZ 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 reiterate the main provisions of the law:
- now there will be only 2 types of suburban partnerships:
- horticultural
- horticultural,
- all partnerships will have to re-register, decide what type they belong to:
- the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
- following the results of the general meeting, submit a corresponding application to Rosreestr,
- contributions can be only of 2 types - membership and target,
- there will be no entrance fees
- contributions must be transferred to the account of the partnership,
- cash contributions are not allowed,
- the amount of membership and earmarked contributions is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,
- the minimum number of members of the partnership is 7,
- it is now possible to elect a chairman for 5 years, and not for 2 as before, and an unlimited number of times, and in order to “overthrow” him, an extraordinary general meeting must be held at the request of at least 1/5 of the total number of members of the partnership,
members of the management board of the partnership and their relatives cannot be members of the audit commission,
partnership documents must be kept for 49 years,
members of the partnership have the right to get acquainted with the financial 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 authorities is free of charge,
- members of the partnership are obliged to comply not only with the decisions of the general meeting, but also with the decisions taken by the chairman of the partnership and the board of the partnership;
- the concept of “residential building” was introduced, excluding the definitions of “dacha”, “country house”, “dacha economy” - this was done in order to prevent legal uncertainties,
- a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential building can be transferred to a garden building (for example, to reduce real estate tax), but this or that degree of capitalization of a garden or residential building will have to be justified , in accordance with established requirements and rules,
- capital buildings 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:
- gardeners can build residential buildings on the site and register in them,
- 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 comes 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 demolished, dismantled or rebuilt into garden houses,
- owners of plots with unregistered buildings need to know that in the near future it is planned to introduce a five times higher tax on land by law - a relevant bill is being developed in this regard (on amendments to the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered structures are located, multiplied by a certain coefficient),
- it has been established that the maximum area of public land (including land plots along which roads are laid and power transmission poles are needed to install a transformer, garbage heap, board house, playground, organization of public spaces between fences, where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
- common property belongs to the members of the partnership on the right of shared ownership in proportion to the area of their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners, this tax situation will probably please, but the joy will be relative, since their taxes: nevertheless, will increase, since you still have to pay for your share of the collective property;
- it is allowed to conduct gardening and horticulture without forming a legal entity, and if the right holders of land plots want to be members of the partnership, they are offered such an opportunity by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
- the powers and responsibilities of non-profit organizations created for horticulture, horticulture and dacha farming are spelled out:
- for the convenience of voting, internal-absentee and absentee forms of holding general meetings of members of the partnership are introduced,
- the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the gratuitous transfer of part of the common property (roads, electric grid facilities, water supply, communications and other facilities) to 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 can become very expedient, since members of the partnership are relieved of the concern for maintaining and repairing their collective property,
- if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, however, he will still use the common property (electricity, road, garbage) and pay for it the same as the members, having lost only the right to vote at the general meeting,
- the concept of “the boundaries of the territory of the partnership” has been improved: it has been replaced by “the territory of gardening or horticulture by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of horticulture or horticulture,
- the definition of the concept of "property of common use" is concretized, the possible types and purposes of using such property are established, which will reduce the risk of the appearance in partnerships of property not related to its activities,
- for persons who are the right holders of land plots, but who have not joined the partnership, the following are provided:
- the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on the management of such property in amounts equal to those established for members of the partnership,
- the right to use common property located within the boundaries of the territory of horticulture or horticulture, on an equal footing and to the extent established for members of the partnership,
- the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of public property;
- in relation to associations created before the adoption of the law and which are owners of common-use property, transitional provisions provide for the obligation until January 1, 2024 to submit 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 mandatory licensing comes into effect from January 1, 2020 without obtaining a license for the use of subsoil).
contributions to new SNT and ONT:
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 gardening associations, and those who are in favor of this form of farming. The law has become a document not about legal entities, but about the relationship of citizens who are engaged in gardening and horticulture. It is scheduled to come into effect on January 1, 2019. Until that moment, gardeners, gardeners and gardeners will be in transitional mode, adapting to the new rules.
This video material testifies to the heated 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 objects according to the new rules of 2019.
On the obligation to maintain a register of members.
The obligation to maintain a register of members of the SNT has always been. But the emphasis on this was made in 2016, with the next changes to the 66-FZ in force until the end of 2018. A separate chapter is devoted to the register of members in 217-FZ.
Let's figure out what the registry itself is. A unified form for the register of SNT members has not been established, however, if you read Art. 15 217-FZ, it becomes clear what must be displayed in it without fail and where to get this information from.
Who keeps the register of members.
According to 217-FZ, the register is maintained by the chairman of the board or any member authorized to do so. Yes, and there is no problem in maintaining it when it was handed over to you in some form. But when it is not there ... Read about this problem below.
The register of members must show:
1) surname, name, patronymic (the last - if any) of a member of the SNT;2) the address of the place of residence of the member of the SNT;
3) the postal address at which mail messages can be received by a member of the CNT, unless such messages can be received at the address of the place of residence;
4) e-mail address at which electronic messages can be received by a member of the SNT (if any);
Individuals may only be included in the membership register with their written consent. But, since they need to be notified in the same manner as the members about the holding of meetings, they themselves are interested in providing this information. The main thing is to tell them in time about their new rights and obligations from 2019!
So the law is written only for thousands of garden associations that have already existed for more than 20 years, but also for those that will only be organized. Therefore, new partnerships will take all of the above information in its entirety from applications for membership in the partnership.
We strongly recommend that, in addition to the application for membership, duly executed (clause 5, article 12 217-FZ), to take from potential members and consent to the processing of personal data (a sample can be downloaded at the end of the article).
With new partnerships, everything is clear, but what about SNT with a long history, burned, lost, untransferred archives? Here you have to do hard work.
Please note that during the period of 66-FZ, being a member or an individual is a position of fundamental importance for most gardeners, since many gardeners see a way to save money in the very status of an individual. From 2019, 217-FZ will come into force and there will be no differences in the size of the fee. Everyone will pay the same, no agreements on the use of infrastructure facilities and public property will be needed.
How to restore the member register and why?
In addition to being a direct requirement of the current legislation, it is also an indispensable tool in the preparation and holding of general meetings. If no one has ever tried to cancel the decisions of general meetings in your SNT in court, then keep in mind that this does not mean anything. The first time can always happen.
At this point, you will have to thoroughly examine your list of members. Only already together with the court and active gardeners.
Only those members who, being owners of land plots (plots) on the territory of the partnership, were accepted as members by the decision of the general meeting, can get into the register of members. Only this way and nothing else.
It should be noted that in the 20-30-year history of any partnership, at least 20-30 general meetings should have been held. During this time, the plots were sold, the owners died, the heirs entered into the inheritance. Some sites have changed owners twice or even three times. Some gardeners bought neighboring plots and became happy owners of two, three or more plots. Some plots, on the contrary, were divided: either with allotment of shares in kind, or without allotment. There are still ways to withdraw from membership: voluntarily and by decision of the general meeting of members of the SNT. How many members will end up in the partnership, if you take into account all these factors.
In each SNT the situation is individual. We will tell you what documents can really be obtained, even if there are no protocols at all.
First of all, we order a duplicate of the resolution on the allocation of land plots. Such a decision, as a rule, is accompanied by a register of gardeners who are allocated land. This is our very first register of members, in which changes will be made with subsequent documents and events.
Next, we need to understand who is the owner and which plots at the moment. To do this, we order extracts from the USRR (preferably electronic). They indicate the name of the owner and from what moment the right of ownership was issued. If this information is not there, then you need to open an extract in txt format. In the resulting set of characters and codes, the name of the owner and the date of receipt of the certificate are indicated at the bottom of the document. You won’t bring such a document to the court, but to understand who owns the plot, it’s enough.
We compare two lists. If the full names match, then, preliminary, these are our members at the moment.
We are looking for intermediate documents: minutes of general meetings on the expulsion and admission of members, statements of voluntary withdrawal, court decisions.
If there is nothing at all, we turn to the tax office at the location of the partnership. We order duplicates of all protocols available in the case. At the moment, for this it is necessary to write an application in free form and pay 200 rubles for each protocol. In the same way, you can get a copy of the charter of the partnership, including already inactive editions.
The protocols that you will be able to find are most likely from 2002 and later. They were submitted when changes were made to the Unified State Register of Legal Entities: a new chairman or a new form of the Charter, even more rarely - a new legal address of the partnership. But, besides this, these protocols may contain information of interest to us. If you were very lucky, then some of the documents were still attached with lists of members at that time. Then you will push yourself away from them.
If you became the chairman of the board relatively recently, the protocols were not handed over to you, then some documents can be found in the bank where the settlement account of the partnership is opened. The bank has no obligation to issue copies of such documents, although this is not secret information for the current chairman. This is already a test for your charm.
If your predecessor had an active judicial practice: recovery, challenging, etc., then there are protocols in the case file in any case. We get acquainted with the cases, we make certified statements. In addition, pay attention to the claims themselves and the decisions made. There are cases when members or non-members are recognized in court, for example, when considering a case for the collection of contributions. Moreover, lists of members may appear in cases. If the court accepted them as evidence and in the decision approved the number of members, in accordance with the specified list, then this is your current register of members as of the date of the court. Even if half of the gardeners listed as members had sold plots at the time of the trial.
In any case, it may turn out that not everyone who considers himself a member is actually (according to the documents, so that you have confirmation) they are.
But there is nothing wrong with that. All those who wish, upon application, can be accepted as members at the next meeting. This will not affect the amount of contributions / payments. But both you and the Gardeners will have a document that confirms membership in the SNT.
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