A new law has been adopted in Russia for summer residents and gardeners: what is important in it? The rules for paying contributions for gardeners and summer residents were proposed to change - Rossiyskaya Gazeta What awaits summer residents in the year

In the State Duma, at different stages of consideration, there are now bills that concern all residents of summer cottages. Formally, these initiatives are designed to make life easier for Russian summer residents, but in practice, their main consequence may be an increase in fees from citizens. The magazine writes about it "Kommersant-Dengi" .

In particular, we are talking about a bill to which it is proposed to assign the status settlements current SNT and cottage villages. In this case, the state will undertake the construction of roads, clinics, schools, gas supply and other infrastructure. On May 20, such a bill was submitted to the State Duma for consideration by Deputy Oleg Nilov. One of the most important consequences of the adoption of this law will be the opportunity to implement the long-standing idea of registration of citizens in the country.

According to sources of "Money", this bill will be considered not earlier than the autumn session, and on the whole its prospects are ambiguous. “Everyone says that the idea is not a bad idea. But we have no money, so you hold on,” the author of the initiative, Nilov, told the publication. At the same time, the government of the Moscow region believes that the likelihood of the adoption of the bill is quite high, noting that funds that the administration will receive from land and property taxes can be directed to the development of SNT.

However, despite the promising prospects that this bill promises, most summer residents do not believe in roads and gasification at the expense of the budget, but they do believe in raising taxes, the magazine notes. In particular, they fear that the inclusion of SNT in the settlement will dramatically increase the cadastral value of real estate. This is especially disadvantageous for those who, in principle, do not need registration at the dacha.

In addition, on May 20, in the first reading, the State Duma adopted, which clarifies the procedure for calculating membership fees and penalties in case of late payment, provides for the maintenance of a register in order to streamline the accounting of information about citizens engaged in gardening, horticulture or dacha farming, etc., - in total, its authors propose to introduce eight points regulating the internal "kitchen" of SNT. Meanwhile, experts believe that all this is being undertaken for the sake of one point, which establishes a direct dependence of the size of the membership fee on the area of the land plot and real estate on it. Thus, the authorities want to persuade citizens to register property rights in order to again be able to impose taxes on them, Dengi notes.

At the same time, experts remind that in terms of compulsory registration of summer cottages and houses, a more effective means has been prepared: in 2018, when it finally ends, the rule comes into force according to which if a building or land plot are not registered by law, then the turnover of such property will be practically impossible.

The country holiday season is almost in full swing. In this regard, we recall the "summer cottage" innovations. Among them is the constitution of summer residents, which prohibits a lot; the opportunity to lose your unregistered land plot; combating waste pollution from gardening associations; possible receipt by needy citizens of 100 acres of land from the state.

The constitution of summer residents

The initiative to create a "constitution for summer residents" belongs to the Moscow Regional Duma. This document will regulate the life of summer cottages; the initiative involves a fine for unmown grass for 2 thousand rubles, for burning on the territory of the site household waste- by 5 thousand. For individual violations, the amount of the fine for gardening non-profit partnerships (SNT) will be up to 500 thousand rubles. SNT will be fined for bad roads, lack of lighting at night, as well as for the lack of information boards.

It is also known that not only the general state of the SNT will be checked, but also each individual dacha. For example, for a toilet located closer than 12 meters from the neighboring site, you will have to pay 2 thousand rubles. The same fine is established for keeping pigs or bees, if you have not agreed on this with your neighbors. The document is now being approved by the relevant departments, and may begin to operate as early as August 1 of this year. Summer residents still have time to breathe freely.

Some types of fences will be prohibited

Regional Glavarkhitektura presented recommendations regarding the design of fences and their appearance... The ban will now include chain-link grids, brickwork, reinforced concrete fences, and structures made of all-metal sheets. It is assumed that this will visually improve the settlements of the Moscow region.

Earlier, the authorities warned that the sanctions will affect the owners of fences more than two meters high, in addition, summer residents will be obliged to paint and repair fences.

Unregistered plots will be auctioned off by the authorities

This year, amendments came into force (No. 251-ФЗ dated 07/13/15), according to which land plots that are not officially registered will be sold by the municipal authorities at an auction. Now the owners of such plots are not in danger, however, in order to properly re-register the documents, they have two years left. They need to get in Rosreestr the only document that, like armor, protects their property - "Certificate of registration of rights." For those who think that the state has forgotten about their summer cottage, we remind you: since 2013, there has been a total inventory of land, and there are practically no blank spots left in the Moscow region. All data on "unregistered" real estate must be transmitted municipal authorities... They, however, will most likely declare hundreds of draws and begin to dispose of them at their own discretion. Note that municipal officials have no right to sell this land, but already in 2018 they can legally announce an auction. Recall that most of the sites have not received a certificate of registration of rights, and most gardeners still have only old membership cards in their hands. You should not consider the registration of certificates as a simple formality, because not only citizens using the plots (who consider them their own) can apply for registration of rights, but also bailiffs, as well as authorities local government.

Summer residents near Moscow will be taught fire safety

Employees of the Ministry of Emergency Situations of the capital and the Moscow region will now conduct explanatory work with summer residents on the eve of the fire hazardous season, Interfax was told by the press service of the Deputy Prime Minister of the Moscow Region Dmitry Pestov.

The report says that 98% of fires (during the fire hazard period) are caused by humans. In addition, rescuers will conduct fire safety lessons at schools, universities, and enterprises.

Sanctions will be introduced for those who have not signed a garbage collection agreement.

Residents of the Moscow region who have not formalized their relationship for the removal of waste will be fined. Deputy Minister of Housing and Communal Services of the region Aleksey Belovodov said that the amount of the fine would be from 5 to 10 thousand rubles. Administrative and technical supervision will check the availability of such documents with summer residents several times a season. In early 2016, it is planned to adopt the appropriate amendments to the law "On improvement in the Moscow region". At the moment, such contracts are not concluded by single summer residents, which is what the garden partnerships of the Moscow region do. At present, gardening associations of the Moscow region are concluding agreements on garbage disposal with contractors.

Summer residents who have not entered into partnerships, but whose plots are located in such territories, must conclude an agreement for garbage collection on an individual basis. Note that administrative measures against summer residents who have not signed contracts for garbage collection are not legally established.

The authorities will begin to independently measure the boundaries of summer cottages

The authorities have already got the opportunity, without waiting for the owners of the plots, to independently clarify the boundaries of the lands at the expense of the budget. However, the data obtained as a result of government cadastral works, may differ greatly from the actual ones. After that, the land owners will have to independently defend the right to the lost territory in court or a special conciliation commission. It would be logical to carry out such work on its own initiative.

In addition, Alexander Bednyagin, deputy general director of the Moscow Regional Bureau of Technical Inventory (BTI), told Argumenty i Fakty that from 2018, the site, which has imprecise boundaries, will not be able to be sold or donated. It is better to prepare money now and pay cadastral engineers for land surveying now.

The bill on state cadastral appraisers of land is already ready

The government has prepared a bill that will affect the cadastral valuation of land and property, said the head of the Ministry of Economic Development Alexei Ulyukaev at a cabinet meeting. Now, according to the minister, there are risks that need to be eliminated. We are talking about the blurring of responsibility between real estate appraisers and organizations carrying out expertise. In addition, the cadastral valuation is carried out at certain intervals, and during this time there are major changes in the market. Now, after the entry into force of the bill, the institute of state cadastral appraisers will be created.

The tools for protecting the interests of owners during cadastral valuation should be accessible and not burdensome, Russian President Vladimir Putin said at the same meeting.

Deputies propose to give out 100 acres of land to Russians

Russians are expecting good news in the near future: a bill has already been submitted to the State Duma, according to which the authorities will allocate plots of up to 100 acres free of charge to some categories of citizens. The land will be given for the construction of residential houses, summer cottages, for ancillary, rural, farm, summer cottages. The Russians will be able to take plots for five years, and after that the contract can be extended or acquired ownership of the land, provided that the plot is used for its intended purpose.

The leader of the Fair Russia party, Sergei Mironov, who initiated the bill, believes that this measure will help to involve millions of citizens in the production of agricultural products and solve the problem of import substitution of food, allow the use of abandoned lands, and populate remote areas.

The document provides for the allocation of land to large families and all citizens of the Russian Federation with insurance experience of 30 years or more. 29 categories of citizens will be able to receive land for use free of charge. Among them are citizens who have worked for more than 10 years in jobs with harmful conditions labor, underground work, in hot shops, tractor drivers, people who have worked for 15 years as drivers of road, construction, loading and unloading machines. As well as citizens who have worked for 10 years in forest management, field geological exploration, prospecting, survey work, people who have worked for 15 years as drivers, have worked as rescuers for 12.6 years. The land is also planned to be provided to those who have worked in civil aviation for at least 15 years or have been involved in civil aviation flight control for at least 10 years, engineering and technical personnel serving aircraft... People who have worked for 15 years in law enforcement or military positions. The list includes persons who have worked as teachers or doctors in urban settlements for 12.6 years or more and countryside(15 years of work experience is required for city teachers and doctors). Another category of citizens who will be provided with plots - representatives creative professions- theater actors with over 15 years of experience.

the federal law"On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the 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 excludes such a legal organizational form associations of citizens, as a "dacha non-profit partnership", in connection with which in the Land, Urban Planning, Water, Civil Codes, Housing RF, in the federal laws "On Subsoil", "On Non-Profit Associations", "On 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 full 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 legal status country 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.

A horticultural non-profit partnership and a 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 suit 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:

proportionally 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
rights and obligations of members of the partnership
grounds for termination of membership
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. The decisions of the general meeting of the members of the partnership are made by a qualified majority of at least 2/3 votes of the total number of the 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:

sole executive chairman
permanent collegial board 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 "manageability" of the board itself by the members of the partnership, but also reduces the amount of membership fees 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 be elected already for 5 years, and not for 2 years, as it is now and until 01.01.2019. Despite noticeably longer term his powers, by decision of the general meeting of the members of the partnership, for the careless work of the chairman or negligent members of the board can be removed and re-elected at any urgent 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 existing species associations into 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 horticultural territory is within the boundaries of the settlement
residential buildings are located on all garden plots located within the boundaries of the gardening territory

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. in 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. change of names does not require changes in 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 the distribution of 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 can be carried out only by 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:

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 general-purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land survey project

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 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 vegetable garden plots that fall within the boundaries of the territory of horticulture or horticulture)
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 for land surveying)

It is forbidden 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 a 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 orchard plots, who have formalized the right of common shared ownership of common property to transfer it to the municipality or in 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 garden
take actions that entail the transfer of a share separately from the ownership of your 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 settlements with supplying organizations - suppliers of heat and electrical 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 contracts concluded by the partnership with these organizations
with general land improvement
with the protection of the territory of gardening or truck farming and ensuring fire safety within the boundaries of such territory,
with the audit of the partnership
with payment wages members of the management board with whom the partnership has concluded employment contracts
with organizing and conducting general meetings members of the partnership, with the implementation of the 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 work to enter into the USRN information about garden or vegetable garden plots, general-purpose land plots, about other real estate objects related to common 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 land 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

V general case, the amount of contributions is determined on the basis of the partnership's income and expense estimates and the 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?

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

minimum number of members of the partnership - 7
it is now possible to elect the chairman for 5 years, and not for 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 number of members of the partnership
the members of the 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 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 done 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", "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 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, in accordance with 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 are 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 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 owners of land plots wish 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)
powers and responsibilities are spelled out non-profit organizations created for horticulture, 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 divided into shares, but given entirely to some legal entity (for example, to transfer a transformer and networks energy company, and 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 common property, which is in common share ownership and managed by a partnership
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 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 public property located within the boundaries of the territory of horticulture or truck farming, on an equal basis 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 the 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)

The merit of the new law is its 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 are gardening 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:

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You can familiarize yourself with the calculation of taxes on real estate under the new 2019 rules.

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

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 registry should include detailed information about every 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;
approval of the new edition of the 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.

Decent citizens will pay with property and money for dishonest neighbors

There are 60 million summer residents in the country, almost half of the country's population, and all of them are voters. Before the elections, the authorities are trying to solve the urgent problems of voters. Therefore, in the last days In August, the government submitted it to the State Duma, and the authorities tried to present it as a breakthrough that would bring a lot of good to summer residents and solve their problems.

In fact, it complicates the life of summer residents, but does not solve serious problems. Despite the fact that there are really a lot of such problems.

The current law was adopted 20 years ago. He did not fulfill his function - to regulate the life of non-profit associations of land owners.

He laid down the rules for such associations to follow, but did not provide the leverage by which these rules should be followed.

The law proceeded from the assumption that all land owners are decent, honest and reasonable people. They will regularly pay dues, they will not steal electricity, move fences, and if they are elected as chairpersons, they will not deceive their neighbors, spending public money on themselves and their needs.

The owners of the land turned out to be not at all like that good people... Therefore, garden and dacha associations for the past 20 years have not lived according to the law, but who has it as it turns out. Where the right chairman is, something is adjusted. And where the chairman is a thief, there is no life. Citizens suspect everyone and everything, shake with hatred and go to shit neighbors at night.

Unsettled relations between members of dacha associations lead to the fact that these associations themselves are growing debts to service providers, they are not fulfilled sanitary requirements, are not put on the cadastre of public land, taxes are not paid, and much more is not being done. Therefore, they expected the emergence of levers from the new law, which would quickly and effectively force summer residents to follow the rules. What was needed was not even a law so much as a full-fledged reform, which would not only establish the rules, but also force them to comply.

The bill submitted to the Duma has neither leverage nor reform. Mostly cosmetic changes are introduced, partly softening the bureaucracy and legitimizing the existing realities.

And there is one important point that is being hushed up. This is the clause on the bankruptcy of garden and dacha associations, chapter IIX, article 37.

“A horticultural, horticultural or dacha non-profit partnership may be declared insolvent (bankrupt) by a court decision.

The recognition of a horticultural, vegetable gardening or summer cottage partnership as bankrupt by a court shall entail its liquidation.

In the event of the bankruptcy of the partnership, the property and the common land plot must be transferred to the ownership of the former members of the partnership in proportion to the area of the garden, vegetable garden or summer cottages they own, regardless of whether these persons were the founders of the partnership and the amount of their contributions. Moreover, these persons bear subsidiary liability for the partnership's debts within the value of the property transferred to them ”.

What does this mean in practice?

In practice, this means that the new law was written in the interests of merchants - service providers for dacha associations. But not in the interests of summer residents.

Decent summer residents will now pay with personal property and money for dishonest neighbors who steal electricity and do not pay dues. This is what it means.

Let's say the partnership owes money for electricity. A common story is debtors, bugs, network losses. SNT does not pay debt for one year, does not pay for the second. Debt piles up. The sales company sues the partnership. The court will declare him bankrupt.

The property of the partnership - transformer, poles, wires, common land, garbage container - is valued and divided among all members. Everyone gets their share, as it were. But in reality he gets nothing. Because how to divide the trash can and the pillars for three hundred people?

However, each member of the partnership is considered to have received his share of the property and is “subsidiary liability for the debt”. Therefore, he is first sent a writ of execution for a certain amount, and if he does not pay, bailiffs come to him and take his personal property - a lawn mower, a TV, a hose - in favor of a supplier to whom the bankrupt partnership owes.

This provision of the new law can be fruitfully developed.

For example, local authorities make a decision: in SNT, all roads must be paved. Your SNT cannot raise money for hard cover? Ok, then it comes to you commercial company hired by local authorities, and in pursuance of the decision forcibly sprinkles gravel from you. Then he sues, the court declares your SNT bankrupt, then - according to the above procedure with the bailiffs.

The new law on summer residents allows them to be milked like dairy cows. This is its main purpose. It’s not at all about solving the problems of voters.

Did the government guess this when introducing such a cheerful bill on the eve of the elections? The only unanswered question. Everything else is clear. Summer residents are doomed, no questions asked.

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