In 2017, a number of legal norms are expected to be adopted or come into force regulating the status of Russian gardening associations, the procedure for the exercise by summer residents of certain property rights, and also establishing some additional responsibilities for gardeners. Relevant initiatives are being implemented both at the level of already adopted legal acts and in the context of actively discussed bills.
Owners of dachas and plots of land in 2017 will need to pay serious attention to some legal norms and legislative initiatives that regulate the activities of gardeners. What is the essence of these norms, and what legal relations are covered by their jurisdiction?
Legislation on gardening associations in 2017: what will change
In 2017 in Russian legislation regulating legal relations involving gardening partnerships, significant changes are expected. They will be expressed:
- With the entry into force of a number of amendments to the Federal Law “On Gardening Associations” dated 04/15/1998 No. 66-FZ. The essence of the amendments is to establish an obligation for gardeners’ associations to form a register of participants - before 06/01/2017 or a month after state registration merger (if it was carried out after the said amendments entered into force).
- In the transition to the jurisdiction of the Federal Law “On State Registration of Real Estate” dated June 13, 2015 No. 218-FZ, the procedure for state registration of land plots. The essence of the initiative is the establishment, since 2017, of obligations for owners of garden plots (including those owned by members of partnerships) to formalize technical plan for a house on a summer cottage - as a condition for registering ownership of the house.
- The possible adoption of a completely new Law on gardening partnerships in 2017 - based on bill No. 1160742-6. The essence of the initiative is the adoption of a fundamentally new legal act on gardening organizations, which should replace Federal Law No. 66.
In the press, as well as in thematic publications on legal topics, under the adoption of the “new law” on gardening partnerships in general case is understood to be the approval of just this bill (which, it is worth noting, should undergo several more readings in the State Duma).
It is worth noting that the “new law” on gardening organizations (in the broad sense of this term) can unofficially be understood as 2 other specified legislative initiatives. We will also pay attention to them later in the article.
New Federal Law on gardening associations (bill No. 1160742-6): main provisions
- The fact that summer residents can establish associations, presented only in the form of a partnership (which can be horticultural or gardening) - as a type of partnership of property owners.
- The fact that exclusively garden, but not vegetable plots of land can be used for the construction of residential buildings (in which the owners are expected to reside permanently).
- On the consolidation in the legislation of the Russian Federation of the concept of “garden house” instead of the term “residential building”, which is used in the current federal legal act on associations of gardeners.
- On the regulation of the procedure for the formation of partnership management bodies in such aspects as:
- joining the ranks of the partnership, leaving it;
- informing members of the partnership about its activities;
- determination of a list of issues that cannot be resolved by the association of gardeners by absentee voting of its participants.
- On determining the key principles for calculating contributions of members of the organization, methods of spending these contributions, their economic justification.
- On the regulation of the circulation of common property of members of the organization.
- On abandoning the practice of concluding agreements between participants in partnerships and citizens who are not members of the partnership, despite the fact that these citizens are assigned responsibilities for the maintenance of the common property of the relevant organizations.
The bill does not provide for the re-registration of already created associations. It will only be necessary to bring their accounting documents into compliance with the adopted Federal Law when making the first changes to these documents after this legal act comes into force.
When will the law on gardening associations be adopted?
Official data regarding the specific timing of the adoption of a federal legal act based on bill No. 1160742-6 has not yet been published in any sources. Thus, it is unknown whether there will be a corresponding federal legal act on gardening organizations was adopted in 2017 (although this is expected in the expert community).
In October 2016, the bill was considered by the Council State Duma, after which it is sent to various authorities (legislative, executive structures, the Accounts Chamber, Public Chamber) to prepare reviews, comments, and suggestions.
State Duma Committee on natural resources, property, as well as land relations, it was ordered to prepare a corresponding draft law for consideration by State Duma deputies. But, again, no official deadline for completing this training has been published.
Thus, the current legal act regulating the sphere of legal relations with the participation of gardening organizations is Federal Law No. 66. As we noted above, a number of amendments have been initiated in relation to it. Let's study them.
Current law on horticultural partnerships (Federal Law No. 66): amendments of 2017
So, while bill No. 1160742-6 has not been approved, legal relations with the participation of gardening associations are regulated by Federal Law No. 66. A number of amendments have been made to this legal act that establish certain obligations for participants in gardening partnerships in 2017.
Namely, Article 19.1 appeared in Federal Law No. 66, which established an obligation for members of each organization of gardeners to form a register of members of the corresponding structure. This register must be formed before 06/01/2017 or within 1 month from the date of state registration of the gardeners' association (if it was carried out after the amendments in question came into force).
The register of partnership participants must comply with the requirements of the legislation on personal data. It must contain:
- Full name of the members of the association;
- postal or email addresses of participants;
- cadastral numbers of plots that belong to members of the partnership (as soon as the plots are distributed between them);
- other information provided for by the organization’s charter.
In addition, Article 19.1 of Federal Law No. 66 obliges participants of partnerships to promptly inform the governing bodies of the relevant associations about changes in the specified information.
Dachas and Federal Law on real estate registration: what should participants of partnerships pay attention to?
In 2017, the provisions of the Federal Law “On State Registration of Rights to Real Estate” dated June 21, 1997 No. 122-FZ actually lost force. came into force instead the federal law“On state registration of real estate” dated July 13, 2015 No. 218.
In the previously in force Federal Law No. 122 there was wording according to which the procedure for state registration of a house located on a garden plot as property involves submitting to the registration authorities a declaration about the real estate object - in the form approved by Order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447.
In turn, Federal Law No. 218 contains another requirement - the mandatory preparation of a technical plan. Its preparation, as a rule, requires significantly greater expenses for the owner of the dacha - you need to contact special organizations and order a technical plan there for a fee.
Summer residents could fill out the declaration on their own without much difficulty. This simplified procedure was implemented within the framework of the so-called “dacha amnesty” mechanism (it may be noted that the simplified registration of a plot according to the corresponding mechanism in Federal Law No. 218 remained unchanged).
Many citizens of the Russian Federation, being members of gardeners' associations and owners of dacha territories, do not have title documents for ownership of a house located on the site. However, the legislation of the Russian Federation allows these citizens to still register the corresponding houses as their property.
Author: . Diploma profession: political scientist (Syktyvkar State University). Current occupation: Journalist (business topics). Experience in writing articles in Forbes and Delovoi Petersburg publications. Entrepreneur.
February 11, 2017.
From January 2019, a new law regulating the activities of horticultural and vegetable gardening associations comes into force. At the same time, this law makes significant changes to thirty-nine laws that are in force in our country.
The purpose of the new law is to eliminate problems associated with gardening by citizens' associations. Indeed, according to rough calculations, more than sixty million citizens are engaged in gardening in our country. Innovations should eliminate not only administrative problems, but also create comfortable conditions for every gardener.
What is SNT
Federal Law No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens” defines SNT as an association of citizens for the purpose of obtaining dacha, horticultural or gardening land plots and jointly conducting activities on such territory. But the first article defines SNT as an organization created to assist citizens in carrying out economic activities within the framework of gardening and vegetable gardening.
SNT is a legal entity that acts exclusively on its own behalf and is endowed with its own rights and obligations. This means that the members and the legal entity itself are separately responsible for their obligations.
A gardening or other partnership exists through contributions paid by its members during a certain period. With this money, the common property of the partnership participants is created and the maintenance of such property is carried out.
The territory owned by a horticultural non-profit partnership consists of plots owned by SNT members, as well as the territory common use. At the same time, a legal entity has certain responsibilities regarding the maintenance of areas for public use:
- the obligation to pay taxes for the common territory lies exclusively with the SNT, since the members of the partnership are assigned such a responsibility only for their plots;
- gardening is obliged to carry out work to maintain the common area;
- Cleans the area, collects and removes waste.
Management of gardening is carried out by members of the board, the chairman, as well as the general meeting of members of a gardening or other partnership.
Law on horticultural non-profit partnerships (SNT)
Until January 2019, the activities of horticultural, gardening and dacha partnerships are regulated by Federal Law No. 66-FZ “On horticultural, vegetable gardening and dacha non-profit associations of citizens.” Since its adoption in 1998, it has undergone many changes, including taking into account court decisions.
Federal law establishes:
- a method of uniting citizens for the purpose of jointly carrying out gardening, dacha or gardening activities;
- methods of land provision;
- form of management of a legal entity, as well as the rights of gardeners;
- forms of joint work with municipal authorities;
- order of territory development.
Changes made to other legislative normative acts in a number of cases influenced the scope of rights of members of partnerships. An example is the introduction of the law “on dacha amnesty”, which significantly simplified the procedure for registering the right to buildings located on gardening plots.
At the same time, a few years ago there was a need to change the legislation regulating the activities of gardening associations of citizens. Due to the adoption in 2017 of a new regulatory framework in the field of horticulture, Federal Law No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” will cease to exist from January 1, 2019.
Main directions of the law on SNT
The still current version of the law on SNT provides for several types of associations of gardeners:
- non-profit partnerships;
- consumer cooperatives;
- non-profit partnerships.
The difference between these forms is the procedure for exercising the rights and obligations of both members of the association and the legal entity.
Federal Law No. 66-FZ is a special norm regulating the procedure for providing land for gardening or vegetable farming.
The law supplements the established procedure with the following provisions:
- establishes the maximum area of plots to be allocated to citizens;
- changes the procedure for obtaining possession of lands with a special status;
- introduces the procedure for the distribution of plots in SNT.
In addition, the provisions normative act regulate in detail the rights of gardening and its members, as well as ways to protect these rights.
In accordance with Article 20 of this law, the governing bodies of SNT are determined:
- the general meeting of members as the main body;
- authorized associations, which include elected representatives from among gardeners;
- the board of SNT as the execution of decisions of the general meeting;
- The direct execution of the powers of the SNT is carried out by the chairman.
Also, Federal Law No. 66-FZ lists ways to support SNT by municipal authorities and organizations.
This form of organizing gardening activities in our country has given rise to many problems, the solution of which was proposed by creating a new law.
Among the problems are:
- a large number of organizational forms associations;
- uncontrollable volumes of contributions, which turned into real extortions from gardening members;
- difficulties with registration and construction of residential buildings on the gardening territory;
- gardening members have to independently carry out some expensive communications to the site;
- Municipal authorities do not provide support to SNT.
What will change in gardening partnerships in 2018
New changes to the organization of gardening activities are introduced by Federal Law No. 217 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts Russian Federation" The changes are set to come into force on January 1, 2019, but from the beginning of 2018 many gardening enterprises will have to restructure their activities.
First of all, the form of uniting gardeners into cooperatives is excluded, since they are morally outdated and are not actually used in our country. Dacha associations of citizens are also excluded. The transition to new forms should be completed by the end of 2023.
Now, to create an SNT, you need to get more than three votes of the founders at the general meeting. Additionally, a list of all newly formed gardening members is compiled, indicating the cadastral numbers of the land plots they own. In this case, the minimum number of members of a citizens' association must be seven people.
The form of management of the partnership is changing, which will be carried out by the following bodies:
- general meeting;
- chairman;
- audit commission.
Along with the concept of residential premises, the category of a country house, which is intended for the temporary stay and residence of citizens, is included, and the term “residential building” is excluded.
Introduced new system contributions according to the principle of focus:
- introductory;
- membership;
- targeted.
The law regulates in detail the purposes for which funds of each category can be spent.
For the convenience of connecting to utility networks, the concept of common property is introduced. This change is similar to the common property of an apartment building. Now all communications and utility networks can belong to all gardeners under common law, and their maintenance will be carried out by SNT.
Additionally, the territorial principle of organizing the partnership is established. The creation of two or more associations on the same territory is prohibited. This means that it is impossible to create an association of gardeners within the gardening partnership.
The rules for land surveying the SNT territory have also changed:
- the total area may include municipal and public lands;
- It is prohibited to restrict free access to the common territory located outside the boundaries of the SNT.
The rest of the law duplicates past provisions or adapts the requirements of other laws to the specifics of dacha associations.
Pros and cons of the SNT law
Among the advantages of the new law are: A complex approach to change gardening activities in our country.
- The prerequisites have been created for close interaction with municipal authorities. One of the advantages of this interaction was a simplified system of medical care for gardening members, as well as the provision of utilities. In addition, now the repair of roads located within the SNT and the adjacent territory is carried out with the help of municipal funds.
- The exclusion of some forms of association of gardeners involves the creation of a transparent taxation system and protection of the rights of all members of the association.
- The introduction of the category of common property for gardeners should simplify the procedure for connecting to utilities.
But the law also has its shortcomings, which so far have only been highlighted in theory.
- The introduction of the concept of a garden house as a permanent residential premises entails the possibility of registration at the address of the building. The consequence of this may be the impossibility of renting social apartments and exclusion from the queue for housing.
- Gardeners who own land plots on the basis of a membership book without registration in Rosreestr may encounter difficulties in legitimizing their land. Since the registration requirements of the law make it possible to exclude from cadastral registration those areas for which ownership is not registered. Such land will become the property of municipalities and its owners will have to prove their right through the courts.
- Specific regulations have not been established for the performance of a number of functions of the SNT. Difficulties may arise, for example, with making a decision on the purchase of shares in the common property of the gardening, for which it is necessary to ensure the mandatory attendance and desire of all members of the gardening.
- The transition period for implementing the changes is set until the end of 2023. However, from January 2019, gardening must apply new requirements for the implementation of activities, many of which are not yet regulated by by-laws.
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 pressing problems of voters. Therefore in last days August, the government introduced 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 makes life difficult for summer residents, but serious problems doesn't solve. 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.
It laid down the rules that such associations must follow, but did not provide the leverage by which those rules were to be enforced.
The law was based on the fact that all land owners are decent, honest and reasonable people. They will pay their dues regularly, will not steal electricity, move fences, and if they are elected chairmen, will not deceive their neighbors by spending public money on themselves and their needs.
The land owners turned out to be completely different good people. Therefore, gardening and dacha partnerships have not been living according to the law for the last 20 years, but as it turns out. Where there is the right chairman, something is established there. And where the chairman is a thief, there is no life. Citizens suspect everyone and everything, shake with hatred and go out at night to spoil their neighbors.
Unsettled relations between members of dacha associations lead to the fact that these associations themselves have growing debts to service providers, sanitary requirements are not met, public lands are not included in the cadastre, taxes are not paid, and much more is not being done. Therefore, the new law was expected to provide levers that would quickly and effectively force summer residents to follow the rules. What was needed was not so much a law as a full-fledged reform that would not only establish rules, but also force them to be followed.
The bill submitted to the Duma contains neither leverage nor reform. Mostly cosmetic changes are being introduced, partly softening the bureaucracy and legitimizing existing realities.
And there is one important point that is being kept silent. This is the clause on bankruptcy of garden and dacha partnerships, Chapter IIX, Article 37.
“A gardening, gardening or dacha non-profit partnership may be declared insolvent (bankrupt) by a court decision.
Declaration of a gardening, gardening or dacha partnership as bankrupt by a court entails its liquidation.
In the event of bankruptcy of a partnership, property and land for common use must be transferred to the ownership of former members of the partnership in proportion to the area of their garden, garden or dacha plots, regardless of whether these persons were the founders of the partnership and the size of their contributions. In this case, these persons bear subsidiary liability for the debts of the partnership within the limits of the value of the property transferred to them.”
What does this mean in practice?
In practice, this means that the new law is written in the interests of businessmen - service providers for dacha partnerships. But it’s 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 fees. Here's what it means.
Let's say the partnership owes money for electricity. The usual story is debtors, bugs, losses in networks. SNT does not pay the debt for one year, and does not pay the second. Debt is piling up. The sales company takes the partnership to court. The court declares him bankrupt.
The property of the partnership - transformer, poles, wires, common lands, garbage container - is assessed and divided among all members. Everyone gets their share, as it were. But in reality he gets nothing. Because how to divide the trash container and poles among three hundred people?
However, each member of the partnership is deemed to have received his or her share of the property and is “subsidiarily liable for the debts.” Therefore, they first send him a writ of execution for a certain amount, and if he does not pay, bailiffs come to him and take away his personal property - a lawn mower, a TV, a hose - in favor of the supplier to whom the bankrupt partnership owes money.
This provision of the new law can be fruitfully developed.
For example, local authorities decide: in SNT all roads must be paved. Is your SNT unable to raise money for hard surfaces? Ok, then a commercial company, hired by local authorities, and in pursuance of the decision, forcibly scatters crushed stone from you. Then it goes to court, the court declares your SNT bankrupt, then follows the procedure described above with the bailiffs.
New law about summer residents allows you to milk them like dairy cows. This is its main purpose. And it’s not at all about solving the problems of voters.
Did the government guess about this when introducing such a cheerful bill on the eve of the elections? The only question unanswered. Everything else is clear. The summer residents are doomed, there is no question.
The new law on SNT, which comes into force in 2018, will significantly simplify the lives of ordinary summer residents and gardeners, officials are confident. Innovation will lead to change basic principles associations of land owners. Experts highlight the potential risks of the new law, which will be an unpleasant surprise for citizens.
The State Duma approved the law on SNT, which will come into force next year. New initiative government is aimed at radically transforming the current norms for the association of owners of gardening and summer cottages, which do not correspond to current realities. Earlier, head of government Dmitry Medvedev emphasized the need for changes in this area that would make life easier for citizens. In addition, the updated law will help restore order in existing associations and protect the rights of ordinary land owners.
The new law on SNT stipulates the abandonment of dacha or gardening cooperatives from 2018. All associations must be transformed into agricultural cooperatives. In addition, changes will affect dacha partnerships and gardening partnerships.
To create a partnership, at least three votes of the founding citizens will be required at the appropriate meeting. In this case, it is necessary to generate a list of members of the new association, which displays information about the member of the partnership and the cadastral number of the plot. In addition, the new law defines the following bodies of the partnership:
- Chairman of the Board;
- general meeting;
- audit committee.
To replace the existing concept of “residential building,” the category “garden house” is being introduced, the placement of which does not require a permit. The intended purpose of this building is temporary stay and recreation for citizens. In addition, on a summer cottage you can build a residential building intended for permanent residence.
The innovations will also affect the principles for calculating regular contributions aimed at achieving the goals of the partnership. Among other things, officials identified the areas on which these funds could be spent. All contributions next year will be divided into three types: entrance, membership and target.
Under the new law, property appears that is intended for public use. This property cannot be divided among the members of the association.
The government emphasizes that the new law will solve many of the accumulated problems of summer residents and gardeners. Among other things, innovations will facilitate the process of connecting to energy networks and create a mechanism for improving the quality of roads. Despite the optimism of officials in connection with the adoption of the new law, experts note possible Negative consequences for ordinary citizens.
New law - new problems
The introduction of the new concept of “garden house” is fraught with serious consequences for summer residents and gardeners, experts say. It will be possible to build a garden house without the appropriate permits, but the question of the future fate of the existing buildings remains unclear. Re-registration of real estate and division of buildings into two types can lead to additional problems for citizens.
A separate problem is the topic of land surveying, which, under the new law on SNT, must be completed before 2018. Otherwise, the owner of the site will face serious problems. If the boundaries of the plot are not clearly defined, the owner will not be able to sell it or pass it on by inheritance. There will also be problems with the design of the building.
Another important question What worries experts is the lack of state support enshrined at the legislative level. The previous version of the law provided for the possibility of co-financing some projects, including the construction and repair of roads. It is almost impossible to provide high-quality roads solely through contributions from partnership members, experts say.
In addition, the new law does not stipulate a mechanism for early removal from the position of the chairman of the board. As a result, cases of arbitrariness within partnerships will continue, which will negatively affect the achievement of the goals of the association.
Pros and cons of innovations
Experts note the positive changes that will be possible thanks to the new law. The authorities' attempt to restore order among dacha associations and systematize the mechanism of interaction within the association is a useful initiative. The previous version of the law could not comprehensively solve the existing problems of summer residents.
However, the interaction between local government and SNT remains an unresolved issue. Without this, it will not be possible to solve problems with medical support and road repairs, since the gardening associations’ own resources will clearly not be enough.
Next year, a new law on SNT comes into force, within which new concepts and categories are introduced. The authorities are trying to restore order among dacha and garden partnerships by systematizing the basic norms of activity.
Experts note risks that could create additional difficulties for citizens. In particular, the issues of state support and re-registration of buildings remain relevant.
For a huge number of Russian families, working in their own garden or vegetable garden is a favorite form of leisure. The status of gardener-summer resident brings together many people who have managed to turn work into relaxation. These in Russia are approximately half of the total adult population, especially in major cities. The leaders are Moscow and St. Petersburg, surrounded by an endless dacha area.
On modern map One can count about eighty thousand gardening associations. These include dacha, horticultural and gardening non-profit associations. The lands occupied by them yield about half of the berries and fruits, about a quarter of all vegetables and a fifth of potatoes grown in Russia.
Summer resident or gardener?
The differences between gardeners, gardeners and summer residents are spelled out in the Federal Law of April 15, 1998 No. 66-FZ, which is called “On gardening, vegetable gardening and summer cottage non-profit associations.” According to it, there are three types of land plots - country houses, garden plots and vegetable plots. Each plot in a gardening partnership is provided to citizens (or purchased) for a different purpose. Garden, like vegetable gardens ─ to grow crops - vegetables, fruits or berries. Country houses ─ to relax. But it is not forbidden to cultivate the land and grow crops.
A garden plot differs from a garden plot in that its owner has the right to build residential and outbuildings, but the owner of a garden plot does not always.
About country houses
In a residential building built on its own plot, a summer resident has the right to live with permanent registration - unlike a gardener.
Until 1990, on land plots with garden status, it was allowed to build buildings no higher than one floor and no larger than strictly standardized sizes, which was reflected in the standard charter of a gardening partnership. The situation changed only in the early 90s, when these restrictions were declared unconstitutional.
Gardening Partnership
By law, gardening can also be done individually. But practice shows that it is more profitable and convenient for land owners to join forces. That is why non-profit organizations are created on a voluntary basis, with the goal of helping participants decide general issues- economic and social.
SNT - a gardening non-profit partnership - is a classic example of such an organization. It must consist of at least three participants. A gardening partnership is required to undergo state registration as a legal entity.
The charter is the basis of everything
The main document for establishing a non-profit association is its charter, which is adopted and approved at the general meeting. The charter of the gardening partnership is developed on the basis standard provision taking into account local characteristics and needs.
This non-profit organization is managed by the powers established by Law No. 66-FZ of April 15, 1998, as well as by the approved charter of the partnership.
About the management of SNT
The main governing body of SNT is the general meeting, which elects the board by direct voting. Early re-election of the board is possible only at the request of its members.
Meetings of meetings of authorized members of the partnership must be documented in minutes. Each protocol is signed by the chairman of the gardening association and the secretary of the meeting. The document is sealed by the organization and is subject to permanent storage.
Who is a participant in such an association?
By law, a member of a gardening partnership is any citizen of the Russian Federation over the age of 18 who owns a plot in this partnership.
Owners have the right to operate on their own territory (unless the site is seized and limited in circulation) and carry out construction according to their own plan. Being a member of the SNT, such a gardener receives both additional rights and responsibilities.
Responsibilities and rights of SNT members
The right to be elected to horticultural management bodies (as well as to elect others) implies the ability to influence decisions regarding the common good. And the responsibilities that go side by side with the rights instruct gardeners to obey the decisions of the general meeting and its board, to use the site only for its intended purpose and to protect the land from damage.
The entire list of responsibilities is described in detail by the same law on gardening partnerships No. 66-FZ (Article 19). All the main issues and aspects of the dacha life of Russians given legal document regulates in sufficient detail. Its eleven chapters establish forms of farming (garden, vegetable garden or country house). The issues of land zoning, the nuances of providing plots for circulation and ownership, as well as issues related to the creation and liquidation of gardening partnerships, their management, the rights and obligations of members and management are discussed in detail.
Issues related to gardening partnerships are also addressed in separate chapters of the Town Planning and Land Codes of the Russian Federation, as well as in the Civil and Tax Codes.
About residential buildings on plots
The Federal Law on Gardening Partnerships introduced the term “residential buildings” into use, which was not previously mentioned in the Housing Code. According to the latter, this type buildings are not considered an object of housing rights. But in fact, quite habitable houses have appeared everywhere on the lands of gardening partnerships, sometimes not just comfortable, but truly luxurious.
Back in the early 1990s, attempts were made to give “garden houses” the status of real housing. Federal Law No. 4218-1 of December 24, 1992 provided citizens who have gardening or summer cottages own buildings, the right to convert them into private property as residential buildings. Of course, provided that they comply with the standards for residential premises. But from March 1, 2005, the new Housing Code abolished this privilege.
In 2008, the Constitutional Court of the Russian Federation allowed certain residential garden buildings to be classified as housing stock.
The procedure for recognizing such as suitable for habitation is quite complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.
Help from the authorities
The state provides all possible assistance to gardeners, primarily by creating transport and social infrastructure. This includes the construction of shops and points in SNT territories consumer services, sports grounds and children's playgrounds, assistance in organizing security, etc.
The most important issue for gardeners is transport accessibility. Usually, local authorities The authorities are trying to provide assistance not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.
Collectivism or individualism?
While there are a number of people who prefer individual management of their dacha farming, the collective approach generally predominates. The law provides for members of partnerships the right to voluntarily withdraw by concluding an agreement on the use of roads and other common property. Such agreements provide for the payment of contributions of a specified amount.
Both members of gardening partnerships and “free” gardeners are required to pay land tax.
And yet there are few individualists. SNT, like other types of non-profit associations, have proven their effectiveness and ability to adapt to the conditions of the time.
About entrepreneurial activity
Gardening partnership, as already said, That is, in in this case its members unite not to make a profit, but to satisfy their personal needs for agricultural products.
At the same time, the charter of the partnership may provide for the possibility entrepreneurial activity. At the same time, the profit received should be used to develop the organization and help gardeners. Legal entities Members of the gardening association are not accepted.
Participant contributions - types and purpose
The Law on Gardening Partnerships explains what types of contributions exist for payment in such partnerships and how they differ.
Entry fees are understood as amounts contributed by members of a non-profit association for paperwork and organizational expenses.
Membership dues are funds regularly contributed by members of the association for current expenses, for example, for wages of contract employees (watchmen, electricians, etc.).
Targeted contributions are those made for the creation or acquisition of property for common use. This includes everything that is intended to provide on the territory of the gardening partnership the needs of its members for water supply, drainage, passage and travel, electricity and gas supply, heat, security, etc. These are roads, gates and public fences, water towers, boiler rooms, platforms for garbage, fire-fighting facilities, etc.
About taxes
SNT pays property tax for the land of the partnership. It is calculated depending on the area of land of gardening partnerships minus the plots of those members who own them. Such owners pay the tax themselves as individuals according to tax notices of the Federal Tax Service. Persons renting land pay tax through gardening.
Other points
Along the border of the territory, the gardening partnership must be surrounded by a fence (you can do without a fence if there are existing natural boundaries - a river, a ravine).
