The new law on the dacha economy threatens the dacha owners with ruin. New rules for summer residents and gardeners What awaits snt in the year

And what will change for those who have a house on the land of individual housing construction?

It is precisely about the plots for individual housing construction (IZHS) that the law does not say anything, however, it contains a provision that applies only to the territories of gardening or horticulture located within the boundaries of settlements.

Such partnerships, if residential buildings are built on all plots, can change their format to a homeowners' partnership (HOA). After that, their activities will be regulated by other laws (the Housing and Civil Codes in the first place).

What has changed in the rules for managing a partnership?

First, the form of its organization has changed. According to the current legislation, it is permissible to create a partnership, partnership or cooperative, and the new law provides only for the partnership, and prescribes to reorganize all other forms.

Separately, the minimum number of site owners who can organize SNT is stipulated - at least seven. Also, only individuals can be a member of the partnership.

Does the new law allow you not to enter into a partnership?

Yes, the adopted law specifically stipulates the terms of interaction between the partnership and the owners of plots located in the same territorial zone, who decided not to join the partnership.

At the same time, they are obliged to pay for the use of the common property of the partnership, its acquisition and repair. The law specifically stipulates that the total amount of payment for those who did not join the partnership is equal to the total annual amount of targeted and membership fees. You will not be able to refuse - the partnership has the right to collect payment through the court. According to the current law, in order to use the infrastructure and collect fees for it between those who did not join the partnership and the partnership itself, it was necessary to conclude an agreement where the amount to be paid was stipulated, the only limitation was that this amount could not be more than that of the members of the partnership. ...

In addition, those who have not joined SNT will not be able to vote on some issues.

Separately, the law stipulates the possibility of joining a partnership for people who are not the owners of the site - for example, tenants. In addition, in the territory intended for gardening or horticulture, it is possible not to organize any partnership at all, but more than one is no longer possible, so there is no longer an opportunity to create two alternative SNTs for one village.

How to pay membership fees under the new law?

New law significantly reduces the number of contributions paid by members of the partnership. If the current norms allow the payment of entrance, membership, target, share and additional contributions, then after the entry into force of the new norms, only membership and share contributions will remain. The law also stipulates that membership fees cannot be charged more than once a month.

In addition, it establishes what they can be spent on, more specifically: for the maintenance of the common property of the partnership, settlements with resource supplying companies (electricity, gas, and so on), fees for garbage collection, improvement of public areas, security, auditing partnerships, paying salaries to people who work for the partnership (such as an accountant), organizing general meetings, and taxes paid by the partnership. All other expenses are covered by funds received from earmarked fees, and the law stipulates the right of each member of the partnership to receive a full statement of expenses.

An important point: the new law allows for the possibility of individual cases take from some members of the partnership contributions that differ in size from the rest, if this is due to the different volume of use of common property and (or) the size of the share in the right of common shared ownership.

Is it true that the new law made it easier to reconcile wells?

In part, yes, since it introduces an amendment to another law - "On Subsoil". Under this change, partnerships may not receive a water production license until January 1, 2020. It should be remembered that the law itself comes into force only on January 1, 2019, thus, partnerships receive a "water amnesty" for only a year.

But most often there are wells at each site, and this case no longer falls under the adopted law.

But according to the law of December 29, 2014 No. 459-FZ, amending the law "On Subsoil", private traders can extract water for their own needs without obtaining a license for this, but provided that the production is not carried out from the same aquifer as central water supply; no more than 100 cubic meters of water should be extracted per day (this is 100 thousand liters), and at the same time water is not extracted for purposes entrepreneurial activity... In principle, for most summer residents, these are very real conditions.

Is it now possible to build residential houses on garden plots?

Yes, you can, although there are restrictions. If urban planning regulations are in effect on the territory where SNT is located, then any construction is limited by its requirements. However, the law also says that a garden house can be recognized as residential, and a residential one - as a garden. Urban planning regulations limit the limiting parameters of construction, but for the recognition of a house as residential, this, as a rule, is not so important - the main thing is that capital construction is, in principle, allowed on your site. For a building to be considered residential, it must meet a number of criteria - for example, it must have electricity, water, heating, and in some cases, gas. The criteria are set out in full in the decree of the government of the Russian Federation of January 28, 2006 No. 47.

What else is going to change a lot now?

One of the important innovations is the term "horticultural or horticultural territory". The law says that its boundaries are determined by documents territorial planning, that is, if we speak in familiar terms, this is the border of the village.

One of the innovations of the adopted law is that it does not allow more than one partnership to dispose of common property within the boundaries of one such territory. Which, in fact, means that within one village it is no longer possible to create more than one SNT. Whether it will be possible in any way to divide one territory into two - the law does not say, therefore, it will be possible to find out only when the law begins to apply.

Is it true that DNT and cooperatives were also canceled?

Yes, but under rather humane conditions. Article 54 of the law says that from the date the law enters into force (and this is January 1, 2019) and until the reorganization of DNT into a garden (or vegetable garden) partnership, the requirements of the new law will apply to the existing structure. - as before. The law does not provide for a change in the type of permitted use of the site, simply if you have land "for summer cottage construction" - the law also considers it "garden", that is, the word "garden" in this case is not a type of permitted use, but a unifying term.

According to statistics, every second Russian has a dacha, and the new dacha law is designed to simultaneously complicate and simplify the life of gardeners, but at the same time to put things in order in their ranks. Federal Law "On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts Russian Federation"dated 07/29/2017 N 217-FZ (entered into force on 01/01/2019) regulates relations arising in connection with the conduct of gardening and horticulture by citizens for their own needs, and also determines the features of the civil status non-profit organizations created by citizens for gardening and horticulture.

Save on membership fees!

Back in 2016, a new law on summer cottages was signed. And although the document toughens certain requirements for the organization of horticultural associations, at the same time it also gives certain concessions.

So, in the first edition of the bill, it was assumed that the size of membership fees would directly depend on the number of acres (or the total area of ​​plots owned by one person). The deputies were afraid that for some gardeners the new rate would become unbearable, so in the final version they decided to give the right to tie the size of the membership fee to the land to the gardeners themselves. It's easier this way, because gardeners know their colleagues not only by sight, so it's easier for them to understand whether their neighbors on the site will pull the new payment amount or not.

An important innovation was that all membership fees should now be directed to "the maintenance of common property." This means that the chairman will not be able to spend the money collected over the summer on the improvement of the "path leading to his house."

On a note! The amendments were made to the Federal Law of 03.07.2016 No. 337-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens."

Become the roll call!

The adopted law on summer cottage horticultural associations obliges to create a register listing all members by name. New partnerships were obliged to provide the register one month after the official registration.

The register should include detailed information about each outdoor enthusiast, including:

• name, surname and patronymic;
• address (postal or email) for sending various messages, including the time and date of the general meeting, as well as for sending copies of documents;
• cadastral number of the land plot;
• additional data that members of a particular dacha community deemed necessary.

Every gardener must promptly inform the board of all changes to the data included in the register.

Important! Within 10 days from the date of the sale of the site and the transfer of ownership to another person, the previous owner must notify the board in writing.

Access is open!

It is valuable that the deputies gave the gardeners the legal right not only to get acquainted with all the documents of the partnership, but also to receive their copies. At the same time, the country law 2019 clearly regulates that their cost cannot exceed the money that was spent on their manufacture. Since today most documents are created and sent using a computer, it is logical that gardeners will be able to receive the results of the general meeting vote and other important papers for free or for a nominal fee, for example, by including the cost of purchasing paper for printing copies in membership fees.

Among the documents that an amateur gardener may require from the board for legal grounds, named:

• the charter and amendments made to it;
• financial statements;
• minutes of general meetings, meetings of the board and the audit commission;
• ballots with the results of voting, including if it was carried out in absentia;
• documents of title to common property.

The new dacha law also establishes a ban on absentee voting when deciding the following issues:

• change of the charter;
• statement new edition charter;
• liquidation or reorganization of the association;
• approval of income and expense estimates;
• consideration of the reports of the board and the report of the audit committee.

Who will pay for the roads and security?

The summer residents did not have time to adapt to the 2016 law, when the innovations of 2019 arrived, which allow registering in a country house, abolish the concept of "summer cottage partnership" and instead of 5 contributions are allowed to pay only 2.

Only 3.5% of plots today are located within the settlements, where issues with the arrangement of common areas are at the very least, but are being resolved. The rest of the summer residents own hundred square meters that do not appear among the lands of a particular village, village or city, while gardeners regularly pay land taxes, but are forced to solve all problems on their own.

There is one more nuance. The legislation allows building houses for permanent residence on the garden plot, but due to the imperfection of the law, their owners are deprived of various social guarantees.

Experts believe that another law on dacha gardening partnerships will stimulate the remaining 30% of summer residents to register land rights and automatically become one of those who regularly replenish the budget with tax deductions. And this is quite reasonable: I formalized the right to land, pay taxes, and receive government guarantees.

Experts fear that the adoption of this law may be put on the brakes due to the need for significant expenses that will be required from the regional authorities. Changing the status of land presupposes the presence of a certain infrastructure - roads, transport links, a store, etc. Organizing all this from scratch, of course, is costly for the local budget, but one-time expenses will result in a regular increase in the treasury in the future due to incoming taxes.

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

"Dacha constitution"

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

Jaromir Romanov / website

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

Will there be no more summer residents in Russia?

By law, summer residents in Russia are now gardeners and gardeners. Previously, associations of summer residents, gardeners and truck farmers could exist as many as nine organizational forms ah (including as dacha associations and cooperatives). Now the legislator has provided for only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation when you do not have a garden or garden plot at all, but just a house in the village where you come to rest and do not do any gardening business. The new law regulates life only in the territories of horticulture and horticulture, and not in settlements.

Why did the law not call everyone just summer residents?

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

And here it is important: on garden plots, you can build capital structures, including residential buildings, and on garden plots, only non-capital outbuildings can be placed. The difference is significant, and it is worth paying special attention to if you have plans to purchase a summer cottage.

Serguei Fomine / Russian Look

Can you tell us a little more about this difference?

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

Landowners who do not register their homes face double land tax

The chairman of the Union of Yekaterinburg Gardeners, Nadezhda Loktionova, believes that one should even expect the appearance of some kind of by-law, which will clarify the parameters of non-capital buildings on the land of vegetable gardening. Of course, it is unlikely that it will reach Soviet restrictions, such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have in your hands a document of ownership of a real estate object that arose on a garden plot (for example, a bathhouse or a garage), you do not need to worry. What is built is built - the state recognized it, and here the legislator agreed to the so-called "garden amnesty".

Nail Fattakhov / website

What can you build on garden plots?

With garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a major residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other goods. It is possible to formalize the right of ownership for all this, bearing in mind, however, that the owner is obliged to pay taxes. In addition, since the beginning of 2017, the so-called “dacha amnesty” has become more complicated by law - a simplified procedure for registering real estate objects on six hundred square meters. Now, to register an object, you need technical plan, and its cost starts from 10 thousand rubles. Plus the state fee is 400 rubles. True, the law does not allow registering structures with an area of ​​up to 50 sq. meters.

Will it become easier to register at the dacha?

They promise that yes. Theoretically, it is possible to register on six hundred square meters even now, but it is not so easy. A court decision is required stating that your residential building is considered suitable for permanent residence. It is assumed that once the new law comes into effect, going to court will become the exception rather than the rule. Moscow Region gardeners insisted on this: according to Nikita Chaplin, chairman of the Moscow Region Summer Residents Union, the government should develop a special bylaw designed to simplify the procedure for transferring a garden house to a residential building and vice versa. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or renovate an existing one.

By the way, a gardening partnership may eventually become a partnership of real estate owners - that is, start developing and managing as a cottage community. But for this, three conditions must be met. First, it must be placed within the line settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, the type of permitted use of land plots for all owners must be changed to “individual housing construction”.

Jaromir Romanov / website

Is it true that selling a crop from a garden will become an illegal business?

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

What else is important in the law?

The law stated that there can be only one partnership within one gardening or horticulture. Previously, there could be several of them, and the legislator was especially concerned about the situation when associations are engaged in a struggle to attract land owners and, at the same time, pay little attention to the state of the common infrastructure, pushing responsibility onto their neighbors. Within the meaning of the new law, a partnership can be formed only on the basis of the legal entity land plot. Therefore, in the event of disputes, a previously created partnership with a land plot will be recognized as legitimate. In the absence of a project for the planning and development of the territory, the second partnership can be liquidated by a court decision, if it does not recognize that it needs to self-liquidate.

Chelyabinsk Regional Court approved the decision to demolish the garden houses, for which Putin stood up

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

Natalia Khanina / website

By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid for the running costs associated with the activities of the partnership, and the target will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will cease to be collected in cash: summer residents will begin to receive the same receipts as they pay for city apartments, and contributions will be credited to a bank account, and not kept in the safe of the chairman. This is done to combat abuse.

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