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

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

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

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

Judicial practice under Article 8 of the Federal Law of April 15, 1998 No. 66-FZ

Determination of March 28, 2019 in case No. A60-66148/2017

Supreme Court of the 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 the Federal Law of April 15, 1998 No. 66-FZ “On horticultural and dacha non-profit associations of citizens" (hereinafter referred to as Law No. 66-FZ). The court, based on the fact that the member...

Decision of December 2, 2018 in case No. A56-73861/2018

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

Or the technological connection of the applicants indirectly through the electrical networks of 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. By letter dated March 23, 2018 No. PrES/038/2736, DNP "Aropakkuzi" informed PJSC "Lenenergo" of 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 committing a crime and subjected to criminal punishment except by a court verdict and in the manner established 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 accuracy of the information disseminated by the defendant in relation to the plaintiff can only be confirmed by someone who has entered into legal force of the relevant court verdict. General context, 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, gardening or summer cottage farming on an individual basis. Citizens engaged in gardening, gardening or dacha farming individually 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 established by the current legislation of the Russian Federation. 3. Payments under the contract. 3.1. The contract price is determined by the Parties in accordance with Part 4, Clause 2, Art. 8 of the Federal Law on Gardening, Horticultural and Dacha Non-Profit Associations of Citizens" No. 66-FZ of April 15, 1998, according to the list of paid services provided (based on the application of an Individual gardener), ...

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

Number 50:31:0010301:946, at the address: , rural settlement of Stremilovskoye, village of Dubna, about which 08.27.2013. State registration of property rights was carried out (case sheets 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 carrying out 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

Petrodvortsovy 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 Federal Law No. 66-FZ dated April 15, 1998, the use of the common property of the partnership is assumed to be paid. Thus, the defendant’s property right was registered in the prescribed manner (case file 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, waste collection areas, fire-fighting structures, etc.). In accordance with Art. 8 of the mentioned Law, citizens who conduct gardening, gardening or dacha farming individually on the territory of a horticultural, gardening 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 dated 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 bank account of SNT "Dormost"; The date of payment is the day the funds are received at the cash desk. In accordance with Art. 8 of Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha 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

Civil Code of the Russian Federation, an agreement must comply with the rules obligatory for 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 gardening, gardening and dacha non-profit associations of citizens,” citizens have the right to conduct gardening, vegetable gardening or dacha farming in...

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

"Dacha Constitution"

A new law has been adopted in Russia for summer residents and gardeners: what is important about it?

Jaromir Romanov/website

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

Will there be no more summer residents in Russia?

According to the law, summer residents in Russia are now gardeners and vegetable gardeners. Previously, associations of summer residents, gardeners and gardeners could exist in as many as nine organizational forms (including as dacha partnerships 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 vegetable plot at all, but just a house in the village where you come to relax and do not do any gardening work. The new law regulates life only in gardening and vegetable gardening areas, and not in populated areas.

Why didn’t the law call everyone simply summer residents?

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms are clearly too much. 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 land plots into garden and vegetable plots.

And here it is important: on garden plots you can build permanent buildings, including residential buildings, but on garden plots only non-permanent outbuildings can be placed. The difference is significant, and you should pay special attention to this if you plan to purchase a summer cottage.

Serguei Fomine/Russian Look

Can you tell us a little more about this difference?

The legislation classifies as non-permanent 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. You, of course, 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 a gardening area, as prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of a gardening area.

Landowners who fail to register their homes face double land tax

The Chairman of the Union of Gardeners of Yekaterinburg, Nadezhda Loktionova, believes that we should even expect the appearance of some kind of by-law that will clarify the parameters of non-permanent buildings on vegetable gardening lands. Of course, things are unlikely to reach 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 in your hands 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 agreed to the so-called “garden amnesty”.

Nail Fattakhov/website

What can be built on garden plots?

With garden plots, which, by the way, make up the vast majority of the total, everything is much simpler. The law gives the right to place a permanent residential building, a garden house for seasonal use, garages and outbuildings on them. The latter include bathhouses, sheds, sheds, greenhouses, gazebos and other goods. All this can be registered as ownership, keeping in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called “dacha amnesty”—a simplified procedure for registering real estate on six hundred square meters—has become legislatively more complicated. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty is 400 rubles. True, the law allows not to register buildings with an area of ​​up to 50 square meters. meters.

Will it become easier to register at the dacha?

They promise yes. Theoretically, it is possible to register on six hundred square meters now, but it is not so easy. A court decision is required that your residential building is recognized as suitable for permanent residence. It is expected that with the coming into force of the new law, going to court will become the exception rather than the rule. Gardeners near Moscow 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 designed to simplify the procedure for converting a garden house into a residential one and back. That is, if you decide to live in a dacha permanently and have registration there, immediately build a permanent house or reconstruct an existing one.

By the way, a gardening partnership may eventually become a partnership of real estate owners - that is, begin to develop and be managed like a cottage community. But for this, three conditions must be met. First, it must be located within the boundaries of a populated area, second, all houses on its territory must be recognized as residential, and third, 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 crops from the garden will become an illegal business?

No. The sale of surplus 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 points out. Moreover, during its development, the draft law deliberately did not include norms that are regulated by other laws: the Land, Tax, Civil Codes, and the law on real estate registration. So grandmothers, for whom the sale of bunches of greenery at the market or agricultural fair serves as some kind of financial help, will definitely not need to register an individual entrepreneur for this.

What else is important in the law?

The law decreed that within one gardening or vegetable gardening there can be only one partnership. Previously, there could have been several of them, and the legislator was especially concerned about the situation when associations were engaged in a struggle to attract land owners and at the same time paid almost no attention to the state of the general infrastructure, shifting responsibility onto the neighbor. Within the meaning of the new law, a partnership can only be formed on a land plot provided to this legal entity. Therefore, if disputes arise, a previously created partnership that has a land plot will be recognized as legitimate. In the absence of a project for planning and development of the territory, the second partnership may be liquidated by court decision, if it does not recognize that it needs to self-liquidate.

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The law will also make it possible to streamline relations with so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - participants in associations - have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are over: you can still be an individual, but you will still have to pay dues along with the others. 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 elections of the chairman and members of the board and audit commission. In general, the big question is what is the benefit of such a special status now.

Natalya Khanina/website

By the way, about contributions. They are strictly divided into two types: membership and target. Current expenses associated with the activities of the partnership will be paid from the membership, and targeted funds 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 the chairman’s safe. This was done to combat abuse.

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Federal Law No. 66 on gardening partnerships considers the specifics of providing various types of land to citizens for the purpose of non-commercial use. This could be the construction of country houses (they must be registered separately to obtain the right of residence), cultivation of crops, or simply recreation. But on July 3, 2016, Federal Law 66 underwent a number of changes, which will be discussed in this article.

Federal Law 66 “on gardening, gardening, and dacha non-profit associations of citizens” was adopted by the State Duma on March 11, 1998, and approved by the Federation Council on April 1 of the same year. To date, changes and amendments have been made to it, but the essence of the law has not changed. The objects of consideration of Federal Law 66 are agricultural private or public partnerships of citizens of the Russian Federation.

The law specifies the forms of the above associations, the specifics of their management, mutual lending funds, etc. Also, Federal Law 66 considers the conditions under which citizens have the right to receive land plots for private needs, how they are formed, organized and managed.

Finally, Federal Law 66 indicates the possibility of state support for gardeners, vegetable gardens and summer residents, under certain conditions. At the same time, this law has a separate chapter on the issue of protecting the rights of these categories of Russian citizens.

Changes to the Law “On Gardening Partnerships”

Over almost 20 years of existence, amendments to the law on gardening partnerships have been made several times. First, it’s worth listing the most significant ones.

Changes to Federal Law 66 on the procedure for holding a general meeting of members of partnerships.

The latest edition of Federal Law 66 provides for an absentee form of holding a general meeting, provided that an in-person meeting was not held due to the lack of a quorum.

This remains the case even if the following items are on the agenda:

• The latest edition of the charter is approved or drawn up;
  the dacha non-profit association is reorganized or liquidated;
• The reports of the audit commission or board are approved;
• The income and expense estimate is approved.

Clarifications in Federal Law 66 on the issue of membership fees

The clause in the law regarding money contributed by members of a gardening association has undergone four major changes.

First- wording. The new edition of Federal Law 66 retains the previous definition, which states that members of a non-profit agricultural partnership are required to contribute funds for current expenses. This point is supplemented only by the “maintenance of common property.”

Second- determination of the amount of membership fee. Now its size, according to Federal Law 66, depends on the total area of ​​the land plot and the real estate located on it. However, this principle is not yet mandatory and enshrined in the charters of partnerships.

Third- an expanded list of documents that is provided to each member of the horticultural association if the need arises. In the previous version of Federal Law 66, it was necessary to transfer a copy of the minutes of the general meeting, as well as the meeting of the board and the audit commission.

This list has now been supplemented with the following documents:

• the charter of the agricultural non-profit partnership, indicating the changes made to it (if any);
• title documents for public property of the farm;
  financial statements of a non-profit association;
• income-expense estimate, with a report on its implementation;
• papers that confirm the results of the last votes of the partnership.

Register of partnership members

The new concept of Federal Law 66 - “register of members of a horticultural, gardening or dacha non-profit association”, contains information about its representatives.

Among the included information about a member of the partnership, according to Federal Law 66:

• postal and email address;
• cadastral number of the land plot;
• additional information provided for by the charter of this particular association.

By law, the register is created no later than one month from the date of registration of the partnership.

Now about the key articles of the federal law, and an indication of the presence/absence of amendments to the law on gardening partnerships.

Art. 1.

This paragraph of the law defines key concepts used throughout Federal Law 66, such as a gardening or dacha association, share contributions, etc. The definition of membership fees has undergone a change, with the addition of “maintenance of common property.”

Art. 8.

This article of Federal Law 66 describes the features of running individual farms. This includes paying fees for the use of common property or appealing some decisions of the association in court. The latest version of the law has not undergone any changes.

Art. 18.

This article of Federal Law 66 describes the conditions for obtaining membership in a partnership, including reaching 16 years of age and having a plot of land on the territory of the cooperative. The latest version of the law has not undergone any changes.

Art. 19.

This paragraph of Federal Law 66 describes the rights and obligations of a member of the partnership. The article has been supplemented with two subparagraphs:

№ 2.1 - it indicates the need to familiarize yourself with documents describing the activities of the association;
№ 11.1 - which states that a citizen is obliged to notify the board of the termination of rights to his plot no later than 10 days after that.

Art. 21.

Article 66 of the Federal Law considers what issues the board of a partnership can decide: admission of new members, changes in income and expenditure estimates, reorganization or liquidation of the entire organization, etc. The change in the law is the possibility of holding absentee meetings if in-person meetings did not take place.

Art. 22.

This paragraph of Federal Law 66 defines the concept of board, the scope of its competence, and the legal basis for decisions made. The changes made are that now, in the event of a tie in the voting, the opinion of the chairman will be decisive. And now, by law, the board is required to maintain a register of members of the association.

Art. 27.

This article of the federal law closely concerns the issue of documentation: maintaining minutes and documents provided for review to members of the partnership. The July changes led to the addition of the list of issued papers, and the fee for this, by law, cannot exceed the cost of the copies made.

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The law on gardening partnerships in the latest edition has not undergone significant changes. Addition of the voting procedure, changes regarding membership fees, expansion of the provided package of documents. These are all amendments to Federal Law 66.

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 make up approximately half of the total adult population, especially in large cities. The leaders are Moscow and St. Petersburg, surrounded by an endless dacha area.

On a modern map you can count about eighty thousand gardening partnerships. 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 No. 66-FZ dated April 15, 1998, 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 solve common 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 a gardening partnership is developed on the basis of a 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). This legal document regulates all the main issues and aspects of the dacha life of Russians 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 of building is 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 gave citizens who have their own buildings on their garden or summer cottage plots the right to re-register them as 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 consumer service points, sports grounds and children's playgrounds in SNT territories, assistance in organizing security, etc.

The most important issue for gardeners is transport accessibility. As a rule, local authorities try 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

A gardening partnership, as already mentioned, that is, 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 of entrepreneurial activity. At the same time, the profit received should be used to develop the organization and help gardeners. Legal entities are not accepted as members of the gardening partnership.

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 hired workers under contracts (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 tax themselves as individuals according to tax notices from 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).

According to the new law “On the conduct of gardening and horticulture by citizens for their own needs,” dacha cooperatives are being liquidated. The government will decide what fate awaits the country houses.

The law “On gardening and horticulture by citizens for their own needs” signed by the President of the Russian Federation comes into force on January 1, 2019. Until then, the life of summer residents, gardeners and gardeners will be regulated by federal law dated April 15, 1998 No. 66-FZ “On gardening, gardening and country non-profit associations of citizens.” What will the new law change?

Now only SNT and ONT, and all at your own expense

The first thing that catches your eye when comparing the two documents is that in the new law there is no such thing as dacha partnerships and cooperatives. There remain only horticultural non-profit partnerships and gardening non-profit partnerships, which are equivalent to partnerships of real estate owners. Accordingly, such forms provided for by Law No. 66, such as dacha partnerships, horticultural, gardening or dacha consumer cooperatives and horticultural, vegetable gardening or dacha non-profit partnerships, cease to exist.
In addition, many purely fantasy things that had no application in real life disappeared from the new law - mutual lending and rental funds, meetings of commissioners, and so on. The provisions on state support for gardeners and gardeners have also become much more modest.

Contributions will be less, but for non-payment there will be a court

The number of contributions that can be collected from members of the partnership has been reduced: if the old law allowed the establishment of four types of contributions (membership, target, share, additional), now there are only two left - membership fees and target contributions. Membership fees will be collected once a year and will be used for the acquisition and maintenance of common property, the construction and repair of capital construction projects on a common site, as well as the services and work of the partnership for managing the common property. Targeted contributions are collected and spent by decision of the general meeting of members of the partnership. Contributions unpaid by any member of the partnership can be recovered from him through the court.

It’s too early to register in country houses

One of the main questions for any gardener is what will happen to the house. Unfortunately, it is not yet possible to give a clear answer to this. On the one hand, the new law stipulates that the construction of permanent houses is allowed only if the land plots are included in the territorial zones intended for development. On the other hand, a garden house can be recognized as a residential building, and a residential building can be recognized as a garden house in the manner prescribed by the Government of the Russian Federation.

In other words, all existing dacha cooperatives and partnerships can be re-registered without problems into garden partnerships, and all existing dachas into garden houses, with subsequent recognition as residential buildings. But only on the condition that the territory of such a dacha cooperative includes a territorial zone intended for development and for which town planning regulations have been approved.
The first potential risk is that during re-registration there will inevitably be a check of the compliance of existing buildings with urban planning regulations. As a result, for example, it may turn out that in this particular territorial zone it is allowed to build only one-story buildings.

Even more worrying is the reference to the procedure provided for by the Government of the Russian Federation. The fact is that according to the Town Planning Code, a building permit is not required on a garden or dacha plot. This position, by the way, is also confirmed by the ruling of the Supreme Court of the Russian Federation dated August 17, 2016 No. 77-KG16-4 and numerous court practice, including in Moscow and the Moscow region.
However, in September last year, the Ministry of Economic Development issued letter No. D23i-4285, which, in particular, states that residential buildings erected on dacha plots can only be built on the basis of a building permit issued in the same manner as for individual housing construction projects . And the government, when determining the procedure for converting country houses into garden houses, will most likely be guided by the position of its ministry. That is, summer residents may begin to be required to present a building permit. In the absence of which, houses built on dacha plots may be recognized as unauthorized construction, with all the ensuing consequences.

The federal government must provide final clarity on this issue before the law comes into force. In the meantime, summer residents better keep their fingers crossed for good luck.