Be careful, dacha: fines that few people know about. Does the SNT board have the right to fine the debtor? Can the SNT impose fines?

There is no fine, but they have the right to disconnect

According to Article 1, Art. 4 and art. 8 of the law

common property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or dacha non-profit association, the needs of members of such a non-profit association for passage, travel, water supply and sewerage, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).
In a horticultural, gardening or dacha non-profit partnership, common use property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members. General use property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, gardening or dacha non-profit partnership is the property of such a partnership as a legal entity.
That is, the public property of SNT, including infrastructure facilities, are the property of SNT.
Citizens have the right to conduct gardening, gardening or dacha farming on an individual basis.
Citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association have the right to use infrastructure facilities and other common property of the horticultural, vegetable gardening or dacha non-profit association for a fee under the terms of agreements concluded with such association in writing form in the manner determined by the general meeting of members of a horticultural, gardening or dacha non-profit association.
In case of failure to pay the fees established by the agreements for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association based on a decision of the board of such an association or the general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the facilities infrastructure and other common property of a horticultural, gardening or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association are recovered in court.

Administrative responsibility of gardeners for violation of land, urban planning and water legislation within the boundaries of the SNT territory

In accordance with standards Code of the Russian Federation on Administrative Offenses (CAO PF 195 FZ), put into effect on July 1, 2002, gardeners may be fined for the following administrative offenses of land legislation committed within the boundaries of the SNT.

1. Unauthorized occupation of land

Article 7.1 of the Code of Administrative Offenses

2. Destruction of boundary signs of land boundaries

Article 7.2.1 Code of Administrative Offenses

3. Unauthorized occupation of a land plot along the coastal strip of a water body, sanitary protection zone for sources of drinking and domestic water supply

Article 7.6 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 300 to 500 rubles

SNT official Administrative fine from 500 to 1000 rubles

For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles

4. Unauthorized occupation of a forest fund area or a forest area not included in the forest fund

Article 7.9 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

SNT official Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

5. Unauthorized assignment of the right to use land, forest or water body

Article 7.10 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

SNT official Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

6. Violation of fire safety rules in forests

Article 8.32 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 1500 to 2500 rubles

SNT official Administrative fine from 5,000 to 10,000 rubles

For SNT (legal entity) Administrative fine from 30,000 to 100,000 rubles

7. Violation of fire safety rules

Article 20.4 of the Code of Administrative Offenses

1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

SNT official Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

And administrative suspension of activities for up to ninety days.

2. The same actions performed under special fire conditions

Gardener (individual) Administrative fine from 1000 to 1500 rubles

SNT official Administrative fine from 2000 to 3000 rubles

For SNT (legal entity) Administrative fine from 20,000 to 30,000 rubles

3. Violation of fire safety requirements resulting in a fire without causing serious harm to human health

SNT official Administrative fine from 3,000 to 4,000 rubles

For SNT (legal entity) Administrative fine from 30,000 to 40,000 rubles

6. Unauthorized blocking of passages to buildings and structures installed for fire engines and equipment

Gardener (individual) Administrative fine from 300 to 500 rubles

SNT official Administrative fine from 500 to 1000 rubles

For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles

8. Violation of fire safety requirements for the provision of passages, passages and entrances to buildings, structures and structures

Gardener (individual) Administrative fine from 1500 to 2000 rubles

SNT official Administrative fine from 7,000 to 10,000 rubles

For SNT (legal entity) Administrative fine from 120,000 to 150,000 rubles

8. Unauthorized buildings are considered to be real estate built on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.

Transactions aimed at selling, donating, leasing or otherwise disposing of unauthorized construction are void as illegal. An unauthorized construction is subject to demolition by the person who carried it out or at his expense.

9. Article 222 of the Civil Code regards such a structure as unauthorized, which means that sooner or later it will be demolished, and the “owner” will pay for it.

10. A plot of land due to its improper use may also be seized from the owner by court decision.

Tired of the garbage heaps that grow every summer near dacha associations, the Moscow region authorities have developed a “Regional standard for the maintenance and improvement of the territories of horticultural, gardening and dacha associations.” This is the only set of rules in the country, the violation of which will be fined, and will come into effect in the next summer season.

When the law is written

“The activities of SNT are regulated by 35 regulations - laws and decrees of the federal and regional governments,” says Nikita Chaplin, deputy chairman of the Moscow Regional Duma, who is also the chairman of the Union of Summer Residents of the Moscow Region. “We decided to bring all the norms into a single document.” The chairmen of several gardening associations approached the authorities with a request for this. This year, a new regional law on landscaping came into force in the region, which has already collected almost 4 million rubles in fines from the owners of 6 acres, and there are still a good three months before the end of the summer season! So in the Moscow region we decided to convey to each of the 11 thousand SNT a list of legal requirements, observing which you can not be afraid of fines.

“We didn’t come up with anything new; the standards set out the rules for maintaining objects whose condition causes the most complaints from State Technical Supervision Inspectorate inspectors,” says Tatyana Vitusheva, head of the regional supervisory agency. Summer residents, according to her, are prepared for innovations: all spring, representatives of the State Technical Supervision Service traveled around the SNT with lectures on upcoming standards.

How much does it cost to break?

The standards state: SNT begins with a sign. A sign with the name of the partnership should be installed at the entrance to it so that emergency vehicles can easily find the right sign. For the absence of a sign, SNT is fined 40 thousand rubles. The absence of an information board with the partnership scheme, emergency telephone numbers and the mobile number of the SNT chairman costs the same amount.

The entrance to the territory must be equipped with a gate or barrier. Is there neither one nor the other? The partnership will have to fork out 50 thousand rubles, and its chairman, as an official, 4 thousand. A summer resident caught at the moment of damage to a barrier or gate will pay 2 thousand rubles. The same fines are imposed for the absence or damage of the fence around the SNT, which, according to standards, can now not exceed 2 meters. 10% of non-working street lights is also a reason for fines. For this, SNT is fined 40 thousand rubles.

Roads inside the partnership must be hard-surfaced, or, at worst, made of crushed stone. And this is one of the few rules of improvement standards for violation of which there is no fine. Inside SNT, gardeners do everything at their own expense, and not every partnership can handle the asphalt road.

The largest fines are imposed for the biggest problem of any dacha - for litter. Each SNT is obliged to enter into an agreement with a contractor for waste removal and to equip a site for garbage containers. If summer residents who have not joined the SNT live on the territory of the partnership, each of them is obliged to conclude such an agreement independently. For violating these rules, SNT is fined 500 thousand rubles, the chairman - 50 thousand, and single summer residents - 5 thousand rubles. Don't want to pay for removal and decide to burn the garbage on your site? This also costs 5 thousand. According to the new standards, only leaves and grass can be burned in the plots. Other combustion products poison the lives of your neighbors.

By the way, about the neighbors: now you will have to coordinate with them the presence of your smaller brothers. Specifically, bees and pigs. Pigs placed without the consent of the hive board or introduced without the consent of the hive are assessed at a fine of 3-5 thousand rubles. Neighborhood interests should also be taken into account when building a toilet on your site. There must be at least 12 meters from it to the neighboring house. You cannot place a toilet closer than 8 meters to a well. There are no fines for this, but if a neighbor considers that your bathroom prevents him from properly contemplating nature, it can be demolished in court as an object that violates landscaping standards.

And one last thing. You can leave your property on the common territory of SNT for no more than a week. Otherwise, you will have to pay a fine of 3 to 5 thousand rubles. It will cost the same amount to wash a car or repair it on common land.

Forewarned means saved

So that the next summer season does not “eat up” the entire budget of gardeners with fines, the State Technical Supervision Service promises to punish those guilty of violating landscaping standards with warnings the first time. And they can only be fined for non-compliance. “But we will seriously check the implementation of our instructions,” warns Tatyana Vitusheva. Inspectors, of course, are unlikely to catch a summer resident breaking a barrier or repairing a car in the middle of the street in the same place for the second time. But trash heaps, unapproved hives and holes in fences will not escape their attention. In addition, the supervisory agency employs drones with cameras, images from which are also a legal reason for fines.

The summer season is in full swing, but you should remember that even on your rightful plot you are not completely free. The “Ezh” channel decided to help domestic summer residents transfer all violations for which they can be fined.

Z and potatoes

According to Article 10.12 of the Administrative Code, summer residents can no longer plant their own potatoes. Now for sowing it is allowed to use only seeds that were purchased in special stores.

Roughly speaking, now you can’t leave some of the potatoes for sowing for the next season.

If the regulatory authorities find out about the violation, the retired gardener will face a fine of 500 to 1,000 rubles.

For the country toilet

If a country toilet does not comply with the norms and regulations, its owner will be fined from 3 thousand to 5 thousand rubles. Let us remind you that the following requirements apply to toilets:

  • The toilet must be completely isolated from fertile soil and groundwater;
  • Be no closer than 12 meters to any residential buildings;
  • The project must belong to one of the 3 permitted types: “Outdoor restroom”, “Powder-closet” or “Lyft-closet”.

For cutting down trees on your property

Not many people know, but in most regions of Russia laws have been passed that prohibit the cutting down of trees on private territories. That is, in their own areas. The ban usually applies to certain species or species of trees.

Violation can even result in criminal liability, as recently happened to a resident of the Krasnodar Territory who cut down a “forbidden tree” on his property. But such cases are very rare; usually fines from 5 to 50 thousand are issued.

For the weeds

Weeds are now also fined. If a neighbor complains that weeds are “moving” from your site to him, then you will be issued a fine. The amount reaches 1.5 thousand rubles, which is decent money for many.

For example, quite recently there was a similar case. An elderly pensioner, due to health reasons, could not take care of his plot, as a result of which he received a fine of 1 thousand rubles. Exactly for the weeds.

For firewood

It is better to buy firewood for the dacha, and only in specialized places, otherwise you can get a considerable fine. Here is a list of the main violations:

  • It is prohibited to cut down trees and bushes - up to 4 thousand fine;
  • Cutting down trees with a chainsaw - a fine of up to 5 thousand and confiscation of the chainsaw;
  • Did you buy firewood from a neighbor? - fine up to 5 thousand rubles;
  • If you cut down a tree on your property, you can also get a fine (see point 3).

For burning garbage

It is strictly prohibited to burn household waste in suburban areas. It must be removed and disposed of in specialized landfills.

Moreover, even for storing waste on your site, a fine will be issued.

The amount of the fine varies from 2 to 5 thousand rubles.

For an unkempt forest

If your summer cottage is located on the edge of gardening, you are obliged to clean up the nearby forest. But not all of it, but only the first 10 meters. The space must be cleared of dry branches, grass and other dead wood. This is done for fire safety. Otherwise, a fine of up to 5 thousand rubles.

 

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