• 25.9.2017
• 211264

The new dacha law and its accompanying by-laws will double the mandatory spending of dacha residents and complicate the procedure for registering houses in garden plots. At the same time, the promised solution to the issue of registration in garden houses did not happen. Experts interviewed by the site portal talk about how the life of summer residents will change on January 1, 2019 and what needs to be done before this date.

The main provisions of the law "On the conduct by citizens of gardening and horticulture for their own needs" No. 217-FZ (dated July 29, 2017) will come into force on January 1, 2019 (the provisions of the law regarding water wells have already entered into force, but more on that below). Even at the stage of discussing the draft law, representatives of the State Duma repeatedly stated that the law would clearly spell out the rules for registering buildings in gardens and kitchen gardens, as well as the possibility of registration in summer cottages. None of this is in the final version of the law. Today, even the authors of the bill say that its main innovation is a purely formal change of terms, plus clarification of purely procedural issues regarding membership in garden associations, voting, etc.

Ludmila Vorobieva

leading specialist of the public reception of the Union of Gardeners of Russia

The new law abolished most types of gardeners' associations. Only two forms are left: horticultural non-profit partnerships (SNT) and horticultural non-profit partnerships (ONT). I would like to emphasize that there are no deadlines during which the existing associations of summer gardeners must carry out their own renaming. All partnerships and other associations can exist with their constituent documents for an arbitrarily long time. If a dacha or horticultural association makes changes to its papers, then it is automatically renamed SNT. Association of gardeners - respectively in ONT.

It should be clarified that only on the lands of garden associations can construction be allowed. capital houses(in which, respectively, you can register).

How to register a residential building under the new law

As the portal website previously told, only on the site of the category “land of settlements” with the permitted use of “individual housing construction” (IZHS) or “personal subsidiary farm"(LPH), as well as on agricultural land with permitted use -" summer cottage construction ".

The new law does not make fundamental changes to the described alignment. According to 217-FZ, only outbuildings intended for storing inventory and crops can be erected on garden plots (on the territory of the ONT). It is impossible to build housing - temporary or permanent. Outbuildings on ONT lands do not need to be registered.

But on a garden plot (on the territory of SNT), according to 217-FZ, you can build a "garden house" for seasonal residence or a "residential house" - a capital building in which registration is possible. At the same time, paragraph 2 of article 23 of the new law states that a capital house can be built in SNT only if this land is included in “territorial zones, in relation to which urban planning regulations have been approved that establish the limiting parameters for such construction.” That is, the possibility of building a capital house will depend not only on the permitted type of land use, but also on the general plan approved by the municipality.

As lawyers note, the rule of opportunity capital construction only in the relevant zones (Zh-1, Zh-2, etc.) is also available in the current dacha law 66-FZ, but in fact it does not work. Municipalities and the registration authority are guided mainly by the status of the land and the permitted use. Moreover, if this norm really works, then construction on garden plots will become impossible at all. Indeed, for such sites there are no urban planning regulations yet. However, there is hope that the necessary changes to the law itself or by-laws will be made before the entry into force of 217-FZ.

At the same time, all experts agree on one thing - the owners of built and registered houses have nothing to fear.

Ludmila Buryakova

head of the public reception of the Union of Gardeners of Russia

The entry into force of the new law will not affect buildings that have already been registered. Their status will not change. However, as today, and after the entry into force of the law, the owners must register all capital buildings (which stand on the foundation). Even non-taxable residential buildings less than 50 square meters are registered. m. Everything that is not put on the cadastral register is outside the legal field. True, if earlier the cost of registration was 200-400 rubles, then from January 1, 2017, due to the need to draw up a technical plan for the object (through the BTI or a cadastral engineer), the cost of registering a residential building on a garden plot increased to 8-12 thousand rubles.

The entry into force of the new dacha law will further increase the cost and complicate the procedure for registering a residential building in the SNT.

Vladimir Voronov

lawyer, suburban real estate expert AN "Link"

The most interesting thing in the new law is that in order to register a residential building built on agricultural land for cadastral registration, it will be necessary to present a building permit (paragraph 4 of article 45 of law 217-FZ amends article 51 of the Town Planning Code) . Now it's enough to have technical plan to the house (it is compiled by BTI or a cadastral engineer). Therefore, to anyone who is building a residential building today on a garden plot, I advise you to register the house now - until a building permit is required.

It should be noted that the need for a building permit formally arises even before the entry into force of 217-FZ. In March 2018, the "" action ends and a building permit becomes mandatory for registering a house built on a summer cottage (on agricultural land).

Natalia Tsaregorodtseva

The problem is that today no authority issues building permits on agricultural land. In district and city administrations, such papers are given only for IZHS lands. Gardeners who are starting construction today found themselves in a hopeless situation. They are forced to work without a building permit. But when the construction is completed, the “dacha amnesty” will already end and / or 217-FZ will come into force. That is, the Cadastral Chamber will require a building permit to register a house. And it’s not a fact that the summer resident will be able to get this paper, because his house has already been built without permission. This means that the house (built in accordance with all laws and requirements) cannot be registered (put on the cadastral register). However, there is still hope that the municipalities and legislators will develop a mechanism in the coming months to get the summer resident out of the described situation.

Previously, the portal site for cadastral registration and registration of ownership of a private house on the lands of IZHS. Most likely, after the new dacha law comes into force, this instruction will also become relevant for gardeners building on rural land.

Nadezhda Loktionova

Law 217-FZ specifically stipulates that any housing construction is prohibited on the lands of gardening non-profit partnerships (ONT). It will be possible to build only outbuildings there. However, today there are partnerships of gardeners on whose lands residential houses have been legally erected. If the owners of such houses have not yet registered them, then they need to hurry. If you have time to legalize housing on garden land before the law enters into force, then it will retain its official status in the future. But I repeat, we are talking only about buildings erected in accordance with the law.

How to register in a garden house under the new law

The authors of the law 217-FZ have repeatedly stated that their law will allow to put things in order in the issue of registration in a house built on a garden plot. In particular, it was said that today it is possible to register in a dacha only by a court decision, which must recognize the house as capital, suitable for permanent residence. With the adoption of the new law, registration in a residential building on the lands of SNT will be a matter of course ... However, the final version of the new dacha law does not say anything about registration.

Natalia Tsaregorodtseva

Chairman of the Sverdlovsk branch of the Union of Gardeners of Russia

The new law does not contain regulations on the residence permit (registration) of citizens in residential buildings erected in garden plots. We can only hope that this will be taken into account in additional acts.

Why the new law will double the mandatory spending of gardeners

With the entry into force of 217-FZ, all contributions from gardeners will have to go through the current account. The transfer of cash to the hands of the chairman of the partnership is prohibited. Only non-cash transfer through a bank teller, through an ATM or Internet bank.

Nadezhda Loktionova

lawyer, chairman of the Yekaterinburg Union of Gardeners

The new law forces gardeners and gardeners to switch to cashless payments. People are afraid of this. They will have to pay a transfer fee. In addition, in such conditions, the chairman will no longer be able to conduct business himself. You will have to hire an accountant for a salary, which means that the expenses of the partnership will increase. Calculations show that after January 1, 2019, membership fees will double. In some partnerships, the size of membership fees (without target) can reach 20 thousand rubles. in year.

At the same time, as Nadezhda Loktionova notes, the increase in taxes will increase the additional expenses of summer residents. It is not tied to the new dacha law, but will actually grow in parallel with the entry into force of 217-FZ.

Nadezhda Loktionova

lawyer, chairman of the Yekaterinburg Union of Gardeners

At the end of 2018, summer residents will receive tax notices with new amounts. If today the land tax for summer cottages, gardens and garden plots is calculated at a rate of 0.15%, then next year the calculation will be at a rate of 0.3%.

The law will allow the transfer of garden plots to IZHS lands

According to paragraph 12 of Art. 54 of Law 217-FZ, if garden partnership is located within the boundaries of the settlement and all the houses in it are recognized as residential, then the owners, by contacting the local administration, achieve a change in the status of the lands on which the SNT stands, to the lands of settlements with the permitted use of individual housing construction. In this case, the SNT is transformed into a homeowners association and lives according to the norms of the Housing Code.

However, experts note that, firstly, the described scheme will not work without the relevant by-laws, and secondly, the transfer of “dacha” land to the status of individual housing construction will significantly increase the amount of land tax. For comparison: the marginal tax rate for garden land is 0.3% of the cadastral value, and for individual housing construction land - 1.5%. Therefore, if gardeners can register in their homes, then it makes no sense for them to move from SNT to HOAs.

The only norm 217-FZ that entered into force

Since the publication of the new dacha law (August 2, 2017), only the norms relating to water wells have come into force. Thanks to them, it has now become clear in which cases the owner needs to license his well.

Almaz Khafizov

Deputy Director of State Unitary Enterprise "Ecosystem"

A water well license is not needed if four conditions are met: 1) the well is owned to an individual; 2) the well was not drilled into a centralized aquifer (information about this can be obtained from the Ministry of Ecology); 3) the well is used only for personal purposes; 4) less than 100 cubic meters of water rises from the well per day. That is, in fact, only wells belonging to partnerships need a license. Private wells do not need to be licensed.

In relation to the new law, most gardeners took a wait-and-see attitude. They cherish specific conclusions and opinions until the issuance of by-laws and the appearance judicial practice on the application of 217-FZ.

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

"Country Constitution"

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

Jaromir Romanov/website

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

Will there be no more summer residents in Russia?

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

Why didn't they call everyone just summer residents in the law?

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

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

Serguei Fomine/Russian Look

Can you elaborate a little on this difference?

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

Landowners who fail to register their homes face double land tax

The chairman of the Yekaterinburg Union of Gardeners, Nadezhda Loktionova, believes that one should even expect the appearance of some kind of by-law, which will clarify the parameters of non-capital buildings on gardening lands. Of course, things are unlikely to come to Soviet restrictions, such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator went for the so-called "garden amnesty".

Nail Fattakhov/website

And what can be built on the garden plots?

With garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a capital residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other good things. All this can be formalized as a property right, bearing in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called "dacha amnesty" has become more complicated by law - a simplified procedure for registering real estate on six acres. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty - 400 rubles. True, the law allows not to register structures up to 50 square meters. meters.

Will it become easier to register in the country?

They promise yes. Theoretically, it is possible to register on six acres even now, but it is not so easy. A court order is required that your residential building is recognized as suitable for permanent residence. It is assumed that with the beginning of the new law, going to court will become the exception rather than the rule. Gardeners insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law to simplify the procedure for transferring a garden house to a residential one and vice versa. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or engage in the reconstruction of an existing one.

By the way, a horticultural partnership may eventually become a partnership of real estate owners - that is, begin to develop and manage as a cottage village. But for this, three conditions must be met. Firstly, it must be located within the boundaries of a settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, the type of permitted use of land plots for all owners must be changed to “individual housing construction”.

Jaromir Romanov/website

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

No. The sale of surpluses from one's own garden or vegetable garden is not regulated at all by either the new or the current law (66-FZ), Nikita Chaplin draws attention. Moreover, during its development, the draft law deliberately did not include the norms that are regulated by other laws: the Land, Tax, Civil Codes, the law on registration of real estate. So, grandmothers, for whom the sale of bunches of greens in the market or agricultural fair serves as some kind of financial help, will definitely not need to issue an IP for this.

What else is important in the law?

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

Chelyabinsk regional court approved the decision to demolish the garden houses, for which Putin stood up

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

Natalia Khanina/website

By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid current expenses associated with the activities of the partnership, and the target will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in a safe with the chairman. This is done to combat abuse.

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2. Citizens engaged in horticulture, horticulture or dacha farming in individually on the territory of a horticultural, horticultural or dacha non-profit association, have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of the horticultural, horticultural or dacha or dacha non-profit association.

In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in horticulture, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.

Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure facilities and other common property of such an association.

The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.

Judicial practice under article 8 of the Federal Law of 15.04.1998 No. 66-FZ

Ruling dated March 28, 2019 in case No. А60-66148/2017

Supreme Court Russian Federation

The claim, guided by the provisions of Articles 12, 209, 304 of the Civil Code of the Russian Federation, Article 60 of the Land Code of the Russian Federation, Article 17 of the Housing Code of the Russian Federation, Articles 1, 8, 19 of Federal Law No. and country non-profit associations citizens” (hereinafter referred to as Law No. 66-FZ). The Court, on the basis that a member...

Decision dated December 2, 2018 in case No. А56-73861/2018

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

Or technological connection of applicants indirectly through Electricity of the net DNP "Aropakkuzi" (letters dated December 25, 2017 No. PrES / 038 / 11697-12 dated January 19, 2018, No. PrES / 03 8 / 408-12 dated February 26, 2018 No. PrES / 038 / 1580-12. Letter dated March 23, 2018 No. PrES / 038/2736 DNP "Aropakkuzi" informed PJSC "Lenenergo" about the refusal to pass...

Decision No. 2-2065/2018 2-2065/2018~M-1497/2018 M-1497/2018 dated September 28, 2018 in case No. 2-2065/2018

Leninsky district court of Kirov (Kirov region) - Civil and administrative

Can be found guilty of a crime and subjected to criminal punishment otherwise than by a court verdict and in the manner prescribed by the Code of Criminal Procedure of the Russian Federation (part 2 of article 8 of the Code of Criminal Procedure of the Russian Federation), then the validity of the information disseminated by the defendant in relation to the plaintiff can be confirmed only by entering into legal force of the relevant court verdict. The general context, the nature of the phrase, semantic ...

Decision No. 2-3782/2018 2-3782/2018~M-1816/2018 M-1816/2018 dated September 27, 2018 in case No. 2-3782/2018

Kalininsky District Court (City of St. Petersburg) - Civil and administrative

Heat supply, security, organization of recreation and other needs (roads; water towers, common gates and fences, boiler rooms, children's and sports grounds etc). According to the rules of Art. 8 of this Federal Law, citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural ...

Decision No. 2-1071/2018 2-1071/2018(2-4042/2017;)~M-3172/2017 2-4042/2017 M-3172/2017 dated September 27, 2018 in case No. 2-1071/2018

Emelyanovsky District Court (Krasnoyarsk Territory) - Civil and administrative

Property in the manner prescribed by the current legislation of the Russian Federation. 3. Settlements under the contract. 3.1. The price of the contract is determined by the Parties in accordance with Part 4, Clause 2, Art. 8 of the Federal Law on Horticultural, horticultural and dacha non-profit associations of citizens "No. 66-FZ of April 15, 1998, according to the list provided (based on the application of the Individual gardener) paid services, ...

Decision No. 2-4858/2018 2-4858/2018~M-4297/2018 M-4297/2018 dated September 27, 2018 in case No. 2-4858/2018

Podolsk city court (Moscow region) - Civil and administrative

No. 50:31:0010301:946, at the address: , Stremilovskoye rural settlement, Dubna village, about which 27.08.2013. the state registration of the right of ownership was made (case file 8 - 10). The specified site is located on the territory of SNT "Romashkino". According to the Charter of SNT "Romashkino" is a non-profit organization, created to assist its members in the implementation of activities in the field of improvement ...

Decision No. 2-947/2018 2-947/2018~M-403/2018 M-403/2018 dated September 26, 2018 in case No. 2-947/2018

Petrodvorets District Court (City of St. Petersburg) - Civil and administrative

The absence of an agreement with him on the use of common property does not relieve such a citizen from the obligation to pay for such use, since, by virtue of the provisions of paragraph 2 of Art. 8 of the Federal Law of April 15, 1998 No. 66-FZ, the use of the common property of the partnership is supposed to be paid. So, the defendant's property right is registered in the prescribed manner (case sheet 9) DD.MM ....

Decision No. 2-4558/2018 2-4558/2018~M-3664/2018 M-3664/2018 dated September 25, 2018 in case No. 2-4558/2018

Industrial District Court of Stavropol (Stavropol Territory) - Civil and administrative

Needs (roads, water towers, common gates, fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.). In accordance with Art. 8 of the aforementioned Law, citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other property ...

Decision No. 2-1468/2018 2-1468/2018(2-6065/2017;)~M-5789/2017 2-6065/2017 M-5789/2017 of September 25, 2018 in case No. 2-1468/2018

Krasnogvardeisky District Court (City of St. Petersburg) - Civil and administrative

To the cash desk of SNT "Dormost", or by bank transfer to the settlement account of SNT "Dormost"; the date of payment is the day of receipt Money at the checkout. In accordance with Art. 8 of Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and country non-profit associations of citizens” (as amended on July 3, 2016), citizens have the right to garden, ...

Decision No. 2-2841/2018 2-2841/2018~M-2346/2018 M-2346/2018 dated September 25, 2018 in case No. 2-2841/2018

Domodedovo City Court (Moscow region) - Civil and administrative

The contract of the Civil Code of the Russian Federation must comply with the rules binding on the parties, established by law and other legal acts(imperative norms) in force at the time of its conclusion. By virtue of Article 8 of the Federal Law of April 15, 1998 N 66-FZ "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" citizens have the right to conduct gardening, horticulture or dacha farming in ...

The closer the new year 2019, the more carefully summer residents study the Federal Law "On horticultural associations adopted in 2017. It is called the "dacha constitution", there are many supporters and critics, a number of changes were made at the stage of discussion of the bill (the amendments were adopted during the voting in the second reading). What will be the new rules, according to which summer residents will begin to live from 01/01/2019 and what key points change? The new version of the Law on Horticultural Associations simplifies some key points. Let's dwell on them in more detail.

First "amnesty", then "constitution"

The main key issues for owners of orchards and orchards were:

• the presence of many forms public organizations(partnerships with different forms of government);
• problems with the status of buildings and their legalization;
• difficulties with registration;
• financial activities"chiefs" - chairmen of garden cooperatives;
• the form and rules for managing partnerships;
• the high cost of landscaping the site, primarily providing water.

Considering that summer cottages with some form of ownership and designated purpose there are quite a few in the Russian Federation (the data speak of 60 million gardeners), then the need to bring the old legislation to new realities is long overdue. The large-scale reform began with a "dacha amnesty" - people were given the opportunity to legalize buildings that were previously difficult to register. And from 2019, the so-called “dacha constitution” comes into force - a new the federal law No. 217 "On the conduct of gardening and horticulture by citizens ...". It will regulate the activities of all horticultural associations.

Forms of management

Why will summer residents now be called "former"? The fact is that the Law on Dacha Horticultural Associations clearly defines the options for communities as an organizational and legal form. non-profit organizations. They can be created by the owners of plots allocated for gardening or horticulture. That is, in fact, we will talk about a type of HOA, only the members will not be homeowners (it may not be on the site), but land owners. And it will be possible to create only 2 types of partnerships:

• gardening with the right to erect non-capital buildings;
• gardening, on their territory it will be possible to build capital houses (with a foundation), to receive the status of "residential" (provided that the building meets the norms of SNipPa).

In fact, at the legislative level, it was clearly established where it would be possible to legally build a house, enter it in the register (registration in the USRN) and obtain residential status with all the ensuing consequences. And in the future - to move to a different status and become a full-fledged HOA, which is important for cottage settlements.

Building status

The problem of “self-building” at dachas remained unresolved for a long time. The beginning of the "dacha amnesty" was the first step towards their legalization. The simplified system paid off: people were finally able to get documents for unauthorized buildings. After the entry into force of the Law on Dacha Horticultural Associations, the procedure will be more transparent. When buildings are erected on the territory of horticultural non-commercial (ONT), they will be assigned the status of "non-residential". On the territory of horticultural non-profit organizations (SNT) - you can erect temporary buildings or build capital houses with the status of "residential". The main thing is that they have a foundation, and they comply with the norms of SNiP.

Now, from 2019, when buying real estate “on the ground”, it will be possible to find out in advance what exactly you are purchasing: a residential building in which you can register, or a room that, although suitable for year-round use, is not residential according to official papers . But there is also a “pitfall”: persons living in apartments provided under a social rental agreement, or owning other real estate, will find themselves in a dual situation: they may terminate the contract with them or they will need to pay tax for additional real estate. Therefore, the legalization of a country house can result in additional financial costs.

Registration

This problem is very relevant: for many, the houses built on the site are the only housing. And the lack of the right to propiska puts them in a difficult situation. There is no way to issue compulsory medical insurance, register with the tax office, register in the queue for a place in kindergartens. These and other restrictions make people citizens with limited rights and opportunities.

Although theoretically it is still possible to obtain the right to propiska, in practice it is almost impossible: you need to act through the courts, bear material costs, wait for years for a decision at all stages of registration. From January 1, 2019, after the entry into force of the Law on Horticulture and Horticulture, everything will change. It will be possible to obtain the desired housing status after registering the USRN.

But, it is worth noting that this does not completely solve the issue of registration: after all, for this it is necessary that there be a specific address, belonging to a city or a specific locality. Perhaps the legislators will think over this nuance and adopt additional by-laws in which this problem will be solved as simply as possible.

Financial activities

The financial activities of the board will also become more transparent:

• reporting to the auditors elected at the general meeting will be a prerequisite;
• all payments will be made by bank transfer, through specially opened accounts;
• of all contributions, only 2 remain: for current expenses - membership, for improving infrastructure - targeted, even entrance fees will now be illegal.

The law on horticultural partnerships 2019 will not allow keeping the "requisitions" in the same volume: all expenses will be approved at the general meeting. But at the same time, those who decide not to join the owners' organization will be required to pay contributions in full. After all, the money will go to the maintenance of public facilities.

landscaping

A very important change will occur in matters of improvement. For reference economic activity the most important thing is water supply. On the this moment the cost of drilling individual wells is expensive (from 1,200,000 to 2,500,000 rubles is spent only on geological research). According to the new law on horticulture, from 2019 it will not be necessary to conduct it, which means that water will become more accessible due to a decrease in total cost works.

Form of government

The organization of ONT or SNT will also be different: all key decisions will be made by the general meeting, and it will be possible to hold it in a convenient place, even remotely. Each community will have its own charter, the number of board members will depend on the number of owners and members of the community.

Another important point: on the territory previously allocated for a separate summer cottage, it will be possible to register only one organization. Consequently, the “dragging” of members and disputes over common property and maintenance of communications will stop.

These are the key things that will change from 2019 when the law on horticulture comes into force. Although, according to some experts, it needs to be corrected, finalized and adopted by-laws. regulations, however, it significantly changes the situation for the better.

RUSSIAN FEDERATIONFEDERAL LAW

On Amendments to the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”

Article 1

Include in the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens" (Collected Legislation of the Russian Federation, 1998, N 16, Art. 1801; 2000, N 48, Art. 4632; 2002, No. 12, Art. 1093; 2003, No. 50, Art. 4855; 2006, No. 27, Art. 2881; 2007, No. 27, Art. 3213; 2014, No. 26, Art. 3377) the following changes:

1) Paragraph seven of Article 1 after the words "association for" shall be supplemented with the words "maintenance of public property,";

2) in paragraph 4 of Article 16:

a) add a new paragraph eight of the following content:

the procedure for determining the amount of membership dues. This procedure may include, among other things, the establishment of the size of the membership fee depending on the area land plot a member of such an association and (or) the total area of ​​real estate objects belonging to him and located on this land plot;”;

c) add a new paragraph nineteen and paragraph twenty with the following content:

“the procedure for maintaining the register of members of a horticultural, horticultural or dacha non-profit association (hereinafter also referred to as the register of association members);

The procedure for providing members of such an association with information about the activities of the governing bodies and the control body of such an association.”;

d) paragraphs eighteenth and nineteenth shall be considered paragraphs twenty-one and twenty-two, respectively;

3) in Article 19:

a) paragraph 1 shall be supplemented with subparagraph 2_1 of the following content:

"2_1) get acquainted with the documents related to the activities of the association, provided for in paragraph 3 of Article 27 of this Federal Law, and receive copies of such documents;";

b) paragraph 2 shall be supplemented with subparagraph 11_1 of the following content:

"11_1) within ten days from the date of termination of the rights to the land plot belonging to him, notify in writing the board of the horticultural, horticultural or dacha non-profit association;";

4) Chapter IV shall be supplemented with Article 19.1 with the following content:

“Article 19_1. Register of members of a horticultural, horticultural or dacha non-profit association

1. Not later than one month from the date state registration of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.

2. Collection, processing, storage and dissemination of information necessary for maintaining the register of association members are carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.

3. The register of association members must contain:

1) surname, name, patronymic (if any) of a member of such an association;

2) postal address and (or) address Email on which a member of such an association can receive messages;

3) the cadastral (conditional) number of the land plot, the right holder of which is a member of such an association (after the distribution of land plots among the members of the association), and other information provided for by the charter of such an association.

4. A member of the relevant association is obliged to provide reliable and necessary information for maintaining the register of members of the association and timely inform the board of the association about changes in the specified information.”;

5) the third paragraph of paragraph 3 of Article 21 shall be stated as follows:

“If the agenda of the general meeting of members of a horticultural, gardening or dacha non-profit association includes issues of amending the charter of the association or approving it in new edition, liquidation or reorganization of the association, approval of the income and expenditure estimates, reports of the board and the audit commission (auditor) of the association, absentee voting (by poll) on such issues is not allowed, unless the general meeting of the members of the association, which was held by joint presence members of the association and the agenda of which included these issues, did not have the quorum provided for in paragraph seven of clause 2 of this article.

6) in Article 22:

a) the third paragraph of clause 2 shall be supplemented with the following sentence: "In case of equality of votes, the vote of the chairman of the board is decisive.";

b) Paragraph 3 shall be supplemented with subparagraph 20 of the following content:

"20) maintaining a register of members of the association.";

7) in Article 27:

a) point 3 shall be stated in the following wording:

“3. Members of a horticultural, horticultural or dacha non-profit association and citizens engaged in horticulture, gardening or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association, upon their request, must be provided for review:

1) the charter of the horticultural, horticultural or dacha non-profit association, amendments to the charter, certificate of registration of the relevant association;

2) accounting (financial) statements of the association, income and expenditure estimate associations, a report on the execution of this estimate;

3) minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons), meetings of the board, the audit commission (auditor) of the association, the commission of the association for monitoring compliance with the law;

4) documents confirming the results of voting at a general meeting of members of a horticultural, horticultural or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of members of the association during the general meeting in the form of absentee voting;

5) title documents for common property;

6) other internal documents provided for by the charter of a horticultural, horticultural or dacha non-profit association of citizens and decisions of the general meeting of members of the association.”;

b) add paragraph 4 with the following content:

"four. A horticultural, horticultural or dacha non-profit association is obliged to provide a member of the association, a citizen who is engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of such an association, at their request, copies of the documents specified in paragraph 3 of this article. The fee charged by the association for the provision of copies may not exceed the cost of their production. Providing copies of the documents specified in paragraph 3 of this article to the body local government on the territory of which such an association is located, to the authorities state power the relevant subject of the Russian Federation, judicial authorities and law enforcement agencies is carried out in accordance with their requests in writing.

Article 2

1. Horticultural, horticultural or dacha non-profit associations of citizens, created before the day this Federal Law enters into force, are required to create a register of members of the corresponding association before June 1, 2017.

2. The charters of horticultural, horticultural or dacha non-profit associations of citizens are subject to being brought into line with the norms of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" (as amended by this Federal Law) upon the first change of constituent such documents legal entities. When registering these changes to the constituent documents, the state fee is not charged.

Article 3

This Federal Law shall enter into force on the day of its official publication.

The president
Russian Federation
V.Putin

Electronic text of the document
prepared by Kodeks JSC and verified against:
Official Internet portal
legal information
www.pravo.gov.ru, 07/04/2016,
N 0001201607040119