What’s new about summer cottages

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. Znak.com 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 that the land plots owned and used by Russian summer residents may have different types of permitted use. Based on this, the legislator divided the land plots into garden and 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 you should pay special attention to this if you are planning to purchase a summer cottage.

Can you elaborate a little on this difference?

The legislation refers to non-capital buildings structures that do not have a “connection to the ground”, that is, in other words, a foundation. It is assumed that they can be 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 will not be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because the planning and development of the gardening area are subject to quite serious requirements, prescribed in SNiP 30-02-97 of 2011,

Landowners who fail to register their homes face double land tax

Nadezhda Loktionova, chairman of the Union of Horticulturalists of Yekaterinburg, 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”.

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?

Обещают, что да. Теоретически оформить регистрацию на шести сотках можно и сейчас, но это не так-то просто. Требуется решение суда о том, что ваш жилой дом признается пригодным для постоянного проживания. Предполагается, что с началом действия нового закона обращение в суд станет скорее исключением, чем правилом. На этом настояли подмосковные садоводы: по словам председателя Союза дачников Подмосковья Никиты Чаплина, правительство должно разработать специальный подзаконный акт, призванный упростить процедуру перевода садового дома в жилой и обратно. То есть, если вы решили жить на даче постоянно и иметь там регистрацию, сразу стройте капитальный дом или занимайтесь реконструкцией уже существующего.

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”.

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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 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 have been 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 individuals will still not be able to participate in the election of the chairman and members of the board, the audit commission. In general, the big question is what is the benefit of such a special status now.

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

Lyudmila Golosova, chairman of the Trade Union of Russian Gardeners , told AiF about what changes should be expected for 60 million summer residents of our country and what they can do in the remaining six months to save their land and home .

– Federal Law No. 217-FZ “On the conduct by citizens of gardening and horticulture for their own needs. ‘ is very difficult to understand. It contains 55 articles, almost half of which are amendments to other legislative acts. For example, from January 1, 2019, you will no longer be registered as needing housing if you have a house in a gardening partnership. And there are many such stories.

How not to be self-made

If now there are about a dozen different cooperatives, partnerships and other associations, from the new year there will be only two of them: a horticultural non-profit partnership (SNT) or a gardening non-profit partnership (ONT). There will be no more summer residents in Russia. Therefore, after January 1, all today’s associations should adopt a new version of the charter (an approximate form with comments is posted on the website and in the social networks of our trade union). I recommend writing down two important legal subtleties: “the reorganization is being carried out in connection with the entry into force of Federal Law No. 217” and the new “partnership is the successor of the previous one.” Continuity is necessary so that all documents that were previously obtained when land was allocated to a legal entity for gardening, horticulture or dacha farming were valid. Otherwise, there is a risk that the whole partnership will turn out to be a self-construction, who will be forced to demolish for their own money. Especially vigilant should be those whose dachas are located in the most delicious places, near cities where land costs a lot of money.

Gardeners will be left without a roof

The difference between gardeners and gardeners will be huge. Gardeners will be able to build country houses without the permission of the authorities, and with permission and according to urban planning standards – even capital residential buildings in which it will be possible to register.

Gardeners, on the other hand, will be able to build only a technical building on the site – a barn, a greenhouse, a well. Even from the rain, people will have nowhere to hide. At the same time, millions of gardeners have already built country houses, because the previous law allowed them to do so. What should they do? The new law says that if a house is registered, it will not be considered a self-construction and there is nothing to worry about. Worry is for those who have not formalized the right of ownership. If the building is not in Rosreestr, you will be forced to demolish it. To avoid trouble, urgently carry out a survey of the site, register land and a house in Rosreestr. Or transfer the partnership from gardening to gardening.

However, for some summer residents these are not options – decisions in both cases are made by the municipal authorities, and they often refuse to register gardeners. Therefore, the only way to protect your home remains – to prescribe in the new charter of the partnership that the norm of Federal Law No. 217 on the impossibility of building a country house applies only to plots that have been allocated for gardening since January 1, 2019. The law has no retroactive effect, and the previous one allowed building Houses.

Will have to pay cash

Article 14 of the new law states that membership and earmarked contributions are paid “to the settlement account of the partnership.” That is, if you now give money to the cashier, from January 1 you will be required to pay by bank transfer. Legislators said no to cash so that growers’ cash flows could be controlled. But in practice this is difficult to do. Many summer residents are elderly people, the postman brings them a pension, they do not know how to use bank cards. Once a month, going to a bank branch is also a problem for some pensioners. But there is a way out. Article 861 of the Civil Code says: “Settlements with the participation of citizens, not related to their entrepreneurial activities, can be made in cash without limiting the amount or in a cashless manner.” The civil code is above the horticultural law, Therefore, it will not work to force everyone to pay by bank transfer. And in the new charter of the partnership it is worth prescribing this point, allowing people to pay in the way that suits them. Including through the checkout.

Individuals will be forced to fork out

If you are not a member of the partnership, had an argument with the chairman, or wanted to save on fees, it is better to ask back to the SNT. It is now unprofitable to be individuals. If now you spend only on the “communal”, according to the new rules, you will pay like everyone else, including for the work of the chairman and the board. The law says so: persons without participation in a partnership “are obliged to pay a fee for the maintenance of common use property, current and overhaul of capital construction objects related to common use property and located within the boundaries of the gardening or horticulture territory, for the services and work of the partnership for the management of such property . “. Moreover, for individuals the fee will be higher. According to Article 251 of the Tax Code, only membership and earmarked contributions are exempt from taxation. Considering, that individuals are in a contractual relationship, they will add 6% on top. If you refuse to pay, the partnership has the right to collect payments in court.

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By the way, the new law allows gardening both without personal participation in the partnership, and without creating a partnership at all. Some gardeners are already thinking to go down this path and eliminate SNT. Do not do this! Do not create a dangerous situation with your own hands. Even if your plots and houses are registered, without a legal entity they can be recognized as self-construction. Only collectively can you protect your rights to land and buildings.

Management companies will come to the dachas

The chairman and the board will be elected for up to 5 years (now – for 2 years), and they will have more power. The chairman was generally made the sole executive body. This is dangerous, because there are both good and conscientious leaders, and thieving and abusive ones. In addition, the new law allows not only its members to command the partnership, but also outsiders from the management company. This will be very reminiscent of the work of the management company of apartment buildings, with which we are already familiar. And the appetites of the Criminal Code can be different. If the director wants to have a salary of 100 thousand rubles. per month, gardeners will be forced to pay it. No money? Then sell your land and start gardening. To prevent such a situation, maintain partnership and team, do not let outsiders control you.

Wells and wells – without a license

There are a lot of horror stories around the new horticulture law. Allegedly, now it will be necessary to conduct an examination and license all wells and wells of partnerships. And it costs almost a million rubles. In fact, according to the Subsoil Law, a license is not required if the production of water from a well is up to 100 cubic meters. per day (the calculation gives the counter). Ordinary gardening partnership more water and does not use. Moreover, there is no need to license wells and wells located on personal plots (even if two neighbors use them). If the land is your property, then everything that is located on it is also your property. And you have the right to do whatever you want with it.

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The content of the article:

Latest news for summer residents from January 1, 2019

On January 1, 2019, Law No. 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs” came into force. It regulates the status of dacha associations and individual farms, regulates the legal relationship of citizens in this area. The dacha reform does not concern the owners of allotments in residential settlements . Since 2006, a law has been in force in Russia on the registration and privatization of suburban areas and real estate in a simplified manner, commonly called “dacha amnesty”. Although its validity has been extended until March 1, 2020 , many provisions will be adjusted under the influence of the new law. What is the latest news of land legislation – we will consider in this article.

Dacha amnesty 2019: the procedure for registering a house before and after March 1, 2019

After March 1, 2019, a unified notification procedure for the construction and registration of property rights will come into force both for houses on plots for individual housing construction and personal subsidiary plots, and for houses on garden plots. Until March 1, it will still be possible to use the simplified registration scheme.

Attention. If you have any questions, you can consult a lawyer free of charge by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 all over Russia. Calls are accepted around the clock.

It is important to understand that before March 1, 2019, you need to complete the registration, and not, for example, just submit documents.

Let’s figure out what to change step by step.

Simplified scheme until March 1, 2019 :

  1. It is necessary to contact a cadastral engineer and order a technical plan of the house from him.
  2. Fill out the declaration.
  3. Submit to Rosreestr all documents for the site in the MFC.

Unified scheme after March 1, 2019 :

  1. Submit an application to the MFC that you are going to build a house with all technical characteristics.
  2. Get a response to your application. In case of a positive decision, you are given 10 years for construction.
  3. Upon completion of construction, submit to the MFC an application for the completion of construction.
  4. Establish ownership.

New law on horticulture and horticulture in 2019: Latest news

The new law spells out the forms of organization of dacha communities, the management structure, the procedure for making payments and controlling their consumption. The essence of the law is in the formation of a unified information base of land plots, the optimization of taxation and the fight against fraud and corruption in this area. There are innovations:

Attention. If you have any questions, you can consult a lawyer free of charge by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 all over Russia. Calls are accepted around the clock.

  • The number of TSN types has been reduced.
  • Legislative definitions of types of plots and types of real estate are formulated.
  • The possible number of partnerships in one territory has been approved.
  • The minimum composition of TSN, the structure of the management, terms of office were determined.
  • The rights of individual gardeners have been expanded.
  • A range of issues to be resolved by the general meeting, forms of voting were approved.
  • The principles for calculating dacha contributions, the rules for the use of property under collective control have been established.
  • The forms of support for gardeners by local authorities are determined.
  • The procedure for access to groundwater sources has been simplified.

Changes in SNT

Changes in the dacha law begin with the abolition of dacha associations, societies, and cooperatives. The term “cottage resident” is excluded from all laws . Now only 2 forms of landowner associations are possible:

  • Horticultural non-profit partnership (SNT).
  • Ogorodnichesky non-commercial partnership (ONT).

The new dacha law delimits the definitions of “gardening ” and ” gardening “. In both cases, we are talking about agricultural holdings, where citizens grow agricultural products for themselves, and not for profit. The fundamental difference lies in the rights to erect buildings. On the garden plot it is permissible to have a residential, garden house, utility rooms. On the garden – only technical buildings: a greenhouse, a barn, a garage, a well. All dacha communities registered before the beginning of 2019 must re-register and select the type of TSN. Deadlines are not limited to a specific date. Renaming and re-registration of documentation in accordance with the norms of the law occurs automatically when the first changes are made to it.

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Partnership Structure

Changes for summer residents in 2019 affect the formation of SNT and ONT. For the establishment and functioning of the partnership, at least 7 landowners are required . The decision on its status must be unanimously adopted at the general meeting. Management is carried out collectively, the administrative link includes 3 components :

  • chairman;
  • board, numbering at least 3 people and not more than 5% of the number of members of the partnership;
  • audit committee (auditor).

According to the new rules, the powers of the governing body last for 5 years , but for improper performance of duties, they can be withdrawn by a general decision. The institute of commissioners has also been abolished, each member of the association must express his will independently. This can be done face-to-face or in absentia.

Housekeeping and living on the territory of a horticultural or horticultural association is possible without participation in it. Citizens who are not members of the partnership must make all payments approved by the board, have the right to use common property and participate in voting on most issues. An exception is non-participation in the election of the chairman and members of the board.

Law on country buildings in 2019

The construction of a residential building on a suburban area attracts many due to preferential taxation, low costs for its construction and maintenance. Previously, building permits were not required, but it was difficult to legalize unauthorized construction. Dacha residents were persecuted by administrative authorities, and it was possible to register only by court order. The law on construction on a summer cottage in 2019 allows the construction of non-capital buildings without special permission. During the construction of a residential building in SNT, one should adhere to the established legislative norms:

  1. Make sure that the construction of the house does not contradict the charter of the partnership.
  2. Notify the local administration about the start of construction, indicating the dimensions of the future building and attaching documents to the land. You should wait for an answer – comments or a ban are possible.
  3. Order a technical plan from the cadastral service or BTI.
  4. Upon completion of the work, notify the administration of the completion of construction, attaching all the technical documentation.

After reviewing the documents, the administration sends them to Rosreestr.

Since 2019, all construction projects must comply with the requirements of the Town Planning Code of the Russian Federation. This applies to both the main buildings and additional structures. Now, in order to make an extension to a residential building, it is necessary to notify the relevant authorities and get an official answer – is it possible to expand the building on the garden plot.

It is important to know that such a concept as a country house is no longer used under the new law . All buildings erected and registered before the effective date of the law retain their status and do not require re-registration, even if they were built on the territory of the ONT. Seasonal premises are recognized as garden houses, capital – residential. A house registered before this date is not included in the total area occupied by a person. This is important for citizens standing in line to improve their living conditions.

At the request of the owner, a garden house can be considered residential, and a residential garden house. You need to write a statement about this to the local government or the MFC. The decision is made based on the results of the conclusion of a special commission or an independent expert organization.

Many lawyers in their comments on the law pay attention to article 23 . It states that capital construction on garden plots is allowed only if they are located in territorial zones for which urban planning regulations are approved. Since in most cases SNTs are located on lands to which these regulations do not apply, there is a gap in the legislation that gives rise to various manipulations.

Registration at the dacha

Many people permanently live in country houses and would like to register in them. Since the beginning of 2019, it has become possible to do this without going to court. The building must be:

  • located in the garden area;
  • registered as residential in USRN.

A garden house is considered a seasonal building and is not considered a real estate object, it is impossible to register in it . A building is considered to be an individual residential building:

  • no more than 3 storeys above the ground and no higher than 20 m;
  • not divided into several real estate objects;
  • equipped with all necessary communications – electricity, plumbing, ventilation, built in compliance with fire safety rules.

Federal law on the design of the building No. 218-FZ requires:

  • put the object on cadastral registration simultaneously with state registration;
  • draw up a residential building on the basis of a technical plan.

It was assumed that the law would simplify the procedure for registering at the place of residence in houses on garden plots. However, even in its full version, this question is bypassed. In order to register in a country house, the land and building must be privately owned – it is necessary to go through the privatization and registration procedure. After all the documents are processed, the house will be recognized as residential and it will be assigned a postal address, it will be possible to register in it on a general basis.

Country fees in 2019

The law on horticulture and horticulture regulates the material relationships between members of partnerships. Approved 2 types of fees : membership and target, introductory – canceled . Their regularity and size are determined at the general meeting. Indebtedness in payments entails penalties up to and including exclusion from the partnership. Settlements are made only in non-cash form in order to avoid various financial abuses and the formation of transparent schemes for the movement of funds. Decisions on the choice of a bank, the opening and closing of bank accounts, the maintenance of documentation for the payment of summer cottage fees are also taken by popular vote. Any owner of a land plot has the right to familiarize himself with all reporting documentation related to community expenses.

The news of dacha legislation is changing the lives of almost 60 million Russians . It eliminates many inconsistencies that were present in the previous law, but has a sufficient number of shortcomings that require adjustment. Whether it will be useful for people or will complicate their life – time will tell.

Do you have any questions? Ask them to practicing land lawyers right now:

+7 (800) 550-38-47 – Russia

+7 (499) 553-09-05 – Moscow

+7 (812) 448-61-02 – St. Petersburg

Call right now and solve your question – it’s fast and free!

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