In accordance with the upcoming law, innovations will cost the owners of plots near Moscow approximately 246 billion

snt today

A garden or dacha partnership is a few hundred people who, by chance, turned out to be the owners of neighboring plots of land. They do not know each other and see each other mainly on general meetings, which usually result in hubbub, hysteria and mutual insults.

Because of the hubbub, and also because of their own indifference, a maximum of a quarter of the members of the SNT go to meetings. It is impossible to force the rest, because there are no legal instruments for this. There are no levers.

The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:

Energetic brazen fool. He constantly squeals, promises to sue everyone and effectively ruins what still somehow worked;

retired military or former boss. He presses with authority, promises a lot and does nothing, because he does not know how to do anything;

Successful in life, business man. Goes to the chair, following the principle "if you can not stop the madness, you must lead it." He usually manages to fix something in garden partnership using personal means and connections.

SNT problems:

- electricity

- garbage

- roads

Electricity problem consists of two parts.

First part: summer residents do not have enough power. Turn on the kettle and the lights go out. To solve it, it is necessary to change the old transformer to a new one and put things in order with networks, poles and wires, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.

Second part: defaulters hanging on the shoulders of those who pay.

The ambush here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant on their individual counters, they are added, and in theory the same amount should be obtained as on the general counter. But she never succeeds. Because many simply do not pay for electricity. And there is no leverage to make them pay.

As a result, SNT debts for electricity are paid off from contributions, that is, from the general money that is collected for garbage collection, snow removal and payment of land tax common use.

The trash problem stems from an electrical problem. If the contributions go towards paying the debts for electricity, there is very little left for garbage collection. Therefore, the export is ordered only when there is nowhere to go. When the container is littered with garbage, and everything around is littered, and the owners of the nearest sites shout at the chairman: “I got this garbage dump! Rearrange immediately! And then we won’t pay dues!”

The most popular threat among SNT members is: I won't pay dues because the board isn't doing anything.

You can't force people to pay dues, there's no leverage.

Theoretically, it is possible to exclude such a comrade from SNT and conclude an agreement with him on the use of common roads, electricity networks, etc.

But he can agree on such an agreement until he's blue in the face: you think I have to pay SNT 5 thousand rubles, but I think a thousand.

To untie him, SNT will sue and will pay legal costs. But the lawsuit will end in nothing when the costs go off scale for a hundred thousand and it becomes clear that there is no end to them.

Road problem. There is no road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as on a new transformer. Rent less than half of the comrades. Others say: why so expensive? It is impossible to force them, there are no levers. As a result, the amount collected is insufficient.

You can, that is, somewhere pour the old primer, trim somewhere. But you can't build a road that doesn't fail in the first spring for this amount.

Those who donated money, however, expect more. They see the pitiful efforts to level the primer and blame the chairman: he plundered our money, we won’t rent it anymore ...

Painful distrust of Russians to each other, inability to organize themselves, a huge difference in financial situation, life experience and understanding of how the world works - these are the reasons why any undertakings get stuck in SNT and almost nothing can be solved together.

But all this could be overcome if the CNT - in the person of the general meeting and the chairman - had leverage over its members.

And there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.

How to arrange a comfortable life in SNT

Two ways.

Or give leverage: legalize the right of the SNT board to turn off the light for non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, carry out the same actions as law enforcement agencies responsible for tax collection and public order.

Or remove collective responsibility from SNT and let each member be responsible only for himself.

The first option would work great. If members of the partnership were still allowed to choose a sheriff, and the sheriff to have a gun, perfect order would reign in the SNT. But this is an unconstitutional way, unfortunately. Therefore, we do not consider it.

The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.

Like everyone else Electricity of the net and their transformers were owned by the partnership. They donated this common property to the balance sheet of the energy supply company.

The company entered into direct contracts for electricity with members of the SNT. And now they have the same system as in the city.

Each member receives a payment, accrued according to the testimony of his counter, which he himself handed over. And he pays for himself. And more - for no one. The company deals with non-payers: they come, they turn it off. This no longer concerns other members of the SNT, and such a disaster as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? - doesn't happen anymore.

In the same way, some SNTs have set up garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.

If the family is large and there is a lot of garbage, an agreement is made so that it is taken away, say, three times a week. The schedule is known, the bags are placed in advance near the gate to the street, the car arrives and takes away. And if there is not enough garbage, you can save it on the site and take it out once a week, then the contract will be cheaper.

All in fairness. Everyone pays for himself. Everyone is responsible for their own garbage. And no general dumps, dirt, stench and abuse.

The direction in which SNT needs to move in order to establish a reasonable and comfortable life is clearly visible.

It is necessary to switch to individual calculations for everything that is possible, and to reduce the zone of collective responsibility.

But the authorities near Moscow are planning just the opposite.

On the contrary, they intend to increase collective responsibility, for which SNT has no levers, no tools, no opportunities.

How to bury SNT

The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha partnerships.

The Charter is very beautifully painted, how and what should be.

“The entrance to the territory of SNT (DNT) is equipped with a gate or a barrier with an electromechanical drive or manually opened, as well as outdoor lighting. The minimum illumination in the horizontal plane at the entrance gate must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters.

“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or crushed stone), and also be illuminated at night with outdoor lighting.”

“At the main entrance to the territory of the SNT (DNT) should be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).

“The territory of SNT (DNT) should be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. It is forbidden to continue to use the dilapidated and emergency fencing, as well as individual elements of the fencing without carrying out emergency repairs. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. The presence of rotting of the base of wooden supports is not allowed.

“At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors are placed. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, an access road with a hard surface. A garbage collection schedule should be posted on the container site, indicating the name and contact numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular garbage collection in accordance with the agreements concluded with organizations that carry out garbage collection and disposal in accordance with the approved average annual waste accumulation rates.

These are just a few paragraphs of the Charter. And not even completely. But it is already clear that they are all very beautiful and useful. However, very costly.

Funds for their implementation, according to the plan of the Moscow Region authorities, should be given by members of the SNT. The very members who don't pay contributions of 3,000 rubles and "they don't need a road," but let the neighbors pay for the light they've lit.

Moreover, in the Charter of the summer resident there are points that cannot always be fulfilled even with the means.

For example: “The distance from a residential building (or house) and a cellar to a latrine should be at least 12 meters, and from a well or other water device to a latrine and a composting device, at least 8 meters.”

Try to organize such "distances" on six acres, part of which is also occupied by a house, garden, garden, gazebo.

The drafters of the Charter did not seem to think that there could be such small areas in the SNT.

Formulating their "requirements", they represented the prestigious cottage settlements in which they themselves live: large plots, expensive houses, rich owners... Therefore, they did not get a Summer Resident's Charter, but something impossible and essentially mocking.

Nevertheless, in April the Charter was already approved by some murky forum of dacha owners in power. After the May holidays, the text will be sent to all SNTs of the Moscow region, so that summer residents will read and put forward proposals.

“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow Region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.

If the Charter really becomes a law, garden and dacha partnerships will come to an end. This is perfectly clear.

They will not be able to fulfill the requirements prescribed in it. Admtekhnadzor will come and impose fines. Judging by the information on the Internet, they will be predatory - up to 500 thousand rubles. In addition, the chairmen will be fined separately - 50,000 for each “jamb”.

Individual fines for summer residents are also provided. Along the fence from the side of the street, the grass was not mowed - 2 thousand. Rubbish was burned in his area - 5 thousand.

But if individual fines can still be paid, then no one will definitely pull the collective fines.

This means that, on account of the debt, the bailiffs will take away the property of the SNT - public land, and the SNT themselves, obviously, will go bankrupt and appoint management companies with such tariffs that summer residents will generally stop going to summer cottages.

In short, now is bad, but it will be even worse.

And all the Moscow region authorities came up with this.

In the Charter of the summer resident, they painted what and how should be in the SNT. But summer residents themselves know this very well. Everyone wants the SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to paint all this, but to figure out why this does not work out. And figure out how to make it work.

The price of new requirements for SNT

There are approximately 11,000 SNTs and 3 million summer residents in the Moscow Region.

On average, there are about 300 sites in the SNT, although there are small ones - 30 sites each, and giant ones - where there are more than 1000 of them.

To imagine how much it will cost to comply with the requirements of the Charter of Summer Residents, we made a rough estimate for an SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the Charter of a summer resident the other day, he gasped and hurried to leave his post.

Requirement 1. All internal driveways in SNT must be paved.

The most economical option for a hard surface is asphalt crumb. A square meter of the road costs 550 rubles. First comes a grader, then a skating rink, then 25 cm - crushed stone dumping, again a skating rink, 8-10 cm of asphalt crumb, again a skating rink, a layer of bitumen.

For example, we take the central street SNT 4 m wide, 900 m long. To make such a coating on it, you need 2 million rubles.

If you also do all the passages - 12 million.

Together with a hard surface, it is imperative to do a “storm drain” - ditches along the roadsides to divert water, otherwise, after each rain, the sections will sink. The cost of storm water will cost the cost of the road itself, i.e. another 12 million

Requirement 2. Fencing around the perimeter of the entire SNT.

The perimeter of the SNT with 360 sites is approximately 4 km. A running meter of planed boards now costs at least 500 rubles. This means that 4 million are needed for the material. Plus, another 2 million for the poles. It already turns out 6 million and plus the same amount for the work. Only 12 million

Requirement 3. Barrier with electromechanical control - in the region of 100 thousand km.

Requirement 4. Garbage dump on a concreted area, fenced on three sides - 150-200 thousand.

Requirement 5. Information boards at the entrance and at the garbage heap - 30-50 thousand.

Total: SNT with 360 plots must spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in a year and a half to two years.

This means that approximately 82,000 rubles should be collected from each site.

We multiply by 3 million summer residents and we see that the arrangement of all SNTs in the Moscow Region in accordance with the requirements of the new law will cost the owners of plots about 246 billion rubles.

An astronomical, absolutely unreal amount that people do not have and cannot have.

For reference: the entire revenue part of the budget of the Moscow Region for 2016 is 371 billion rubles. 117 billion will be spent on education, 72 billion on health care, 59 billion on social security, 52 billion on roads, and only 4 billion on culture.

Article 1

Include in the Federal Law of April 15, 1998 N 66-FZ "On horticultural, horticultural and country non-profit associations of citizens" (Collection of Legislation Russian Federation, 1998, N 16, art. 1801; 2000, No. 48, art. 4632; 2002, N 12, art. 1093; 2003, N 50, art. 4855; 2006, N 27, art. 2881; 2007, N 27, art. 3213; 2014, N 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 establishing the amount of membership fees. This procedure may include, among other things, setting the size of the membership fee depending on the area of ​​the land plot of 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 a 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 as follows:

"Article 19 1. Register of members of a horticultural, horticultural or dacha non-profit association

1. Not later than one month from the date of state registration of a horticultural, horticultural 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) mailing 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 income and expenditure estimates, reports of the board and 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 the joint presence of the members of the association and the agenda of which included the indicated issues, did not have the provisions of paragraph seven paragraph 2 of this article of the quorum.";

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 association members.";

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, horticulture 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) the accounting (financial) statements of the association, the income and expenditure estimate of the association, 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:

"4. A horticultural, horticultural or dacha non-profit association is obliged to provide a member of the association, a citizen 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 provision of copies may not exceed the costs of their production Provision of copies of the documents specified in paragraph 3 of this article to the local government, on whose territory such an association is located, to the state authorities of 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 date of entry into force of this Federal Law, 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 in the constituent documents of such 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.

President of Russian Federation

One type of local tax is the land tax. Until recently, the owners of land plots paid absolutely feasible "tribute" to the state for it. How is the land tax calculated in 2015-2016?

This is how workers tax service calculate the land tax, and then send a "letter of happiness" to your address. When you receive it, you see detailed description: how much to pay, what terms, etc.
For example, in 2015, residents of Russia received such notifications between April and September. If suddenly you discovered an error in the calculations (after all, tax officials are people too, and therefore tend to make mistakes), then you could quite legally submit an application to the fiscal authority. The prudent inspectorate even included an application form in the notification for this case. After that, a recalculation is carried out, and the corrected version is sent to you.

In the current 2015, a single date has been set for the payment of all property taxes - October 1. That is, no later than this time, you need to pay, including land tax. Regarding the payment itself, here everything was simplified to “I can’t” - if only they paid on time! A special service has been created on the tax website for this purpose. All you need is to correctly fill in the details of the fields. Let's take a closer look at how this happens:

2016: a verdict for all summer residents?

What surprises await the happy owners of country estates next year? As expected, according to the old scheme, they will bring you a notice home - and there ... unthinkable numbers. "Some mistake!" - you think. But, unfortunately, it will be the harsh truth. You may be lucky and you will receive almost the same amount of tax as in previous years. But your neighbor doesn't.

Why such differences? After all, the plots are nearby? Let's try to figure it out. From various sources, it has already become generally known that in 2013 a cadastral revaluation of the land was carried out. The professionals of this business tried to revalue the land plots according to the current market prices, but the way they chose for this was completely unprofessional!

Previously, the symbolic amounts of the tax were justified by the fact that the inventory value of the land was taken into account, and it was very low. Now, looking closely at the formula for calculating the land tax, one can only guess, and it becomes scary: how much should one pay for a plot valued at 3 million rubles???
If the rate is maximum - 0.3%, then please, set aside 9,000 rubles for the benefit of the state.
If it became interesting how much your site was valued, then it is easy to check it - on the Rosreestr website. To do this, open the Public Cadastral Map and enter the cadastral number of the plot in the search bar and - voila!
If you do not know the cadastral number, then searches can be carried out at the address or focusing on the nearby area.

In the assessment of land plots, the Internet rules!

A percentage of the future value of the contract! And since after the division, the amount remained insufficient for carrying out objective calculations, we decided to use the method of least resistance. It was expensive to go to the sites, the budget did not allow, so independent appraisers took advantage of the free opportunities of the World Wide Web.

We searched the Internet for information about the sale of objects in a certain area and were guided by this price. Nevertheless, the work was done in good faith - different objects were structured by type of use (dachas, land for business, garages, etc.), and after that the average price for each type was displayed. But one fact, of course, was not taken into account: the real price is far from equal to the offer price! After all, every seller is trying to set the maximum - maybe they will buy it?
Well, then it all depends on the urgency of the sale, the real demand for such an attractive offer. Many even immediately indicate: “bargaining is appropriate”, which means that the real purchase price can be several times cheaper!

The next unaccounted factor is infrastructure (social, transport, economic). No one took into account the remoteness of the sites from the cities, whether it is convenient to get there, and whether it is even possible to get there public transport. The Accounts Chamber during the audit revealed many such shortcomings.
The result of such initiative was similar contradictions: two neighbors theoretically owned land of absolutely the same value, but in practice it turned out that one neighbor lives in Monte Carlo, and the second in Uryupinsk.

The absurdity of such figures goes off scale, because the cadastral value of similar objects in the same area can differ by 2-3 times. And for such a maximum, according to the assessment, do not sell the site, no matter how hard you try. Naturally, checking real transactions with citizens and finding the truth is almost impossible, but the Accounts Chamber was able to do this at its level with the help of agreements on expropriated lands. It turned out that in 65% of cases the real price of transactions was 5 times lower than the notorious cadastral valuation! And naturally simple people they only lose from this, because in most cases the cost is overstated.

If you want to live - know how to spin!

The authorities of the Moscow region are already ready to take a hit from taxpayers who are indignant at the "oblique" assessment. They are well aware of this problem, but prefer to deal with it as it comes. Although already in the spring of 2015, people in 15 thousand plots decided to challenge the results of the cadastre in the Moscow region. And even if there are still the remaining 3 million, in this case, silence is not a sign of consent! In fact, it is not a big difficulty to challenge the price, but it is quite costly: those who wish must sponsor their own initiative in the form of land revaluation. But the good news is that at least no one will put a spoke in the wheel.

The Rosreestr department has already acquired a conciliation commission, where victims of cadastral “professionalism” are now applying. According to the deputies themselves, people who are well aware of the real value of land work in these commissions. And if the discrepancy is "obvious", then the issue can even be resolved at the level of the commission, in the worst case, you will have to go to court. And here all the trumps are already in your hands - not a single appraiser will be able to confirm the legality of the assessment and its implementation according to any method.

Few people know that the land tax in 2015-2016 can be significantly reduced. This requires a little perseverance and your initiative. After all, the land tax is a local tax, which means that the rates for it are set by local authorities. The maximum rate for the population is 0.3%, for businesses - 1.5%. There is no minimum limit set. People just need to understand their strength, even if the deputies set the rates, but the deputies are elected by people. Therefore, we need to be persistent and “take the bull by the horns.” Moreover, this is mutually beneficial cooperation, because deputies always need our votes. How does it work in practice?

In 2013, 16% of municipal companies in the Moscow Region managed to achieve a reduction in rates. Often this is possible for dacha, gardening, horticultural associations. Business has also succeeded in this direction: 15 municipal societies have achieved their goal for retail space, car parks, office buildings etc.

The dreams of officials come true, but taxes are not paid from them!

Unfortunately, the dreams of ordinary citizens about a fair system of taxation, about a strong and efficient state still remain a utopia. The authorities continue to satisfy their needs, and we continue to throw off our taxes on the next mansion. The situation with the cadastral valuation is a drop in the ocean of lawlessness and greed. As the saying goes, if all taxpayers knew where their taxes go, then who would pay them?

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

Russia adopted a new the federal law, 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, 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. 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 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 be managed as 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 norms that are regulated by other laws: Land, Tax, Civil Codes, real estate registration law. 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. Within the meaning of the new law, a partnership may be formed only on the basis of legal entity land plot. 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.

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.

Russian news

Russia

Fourth coronavirus patient dies in Moscow

Russia

Italy overtook China in the number of infected COVID-19, 969 people died there in a day

Russia

France extends lockdown for another two weeks

Russia

The Committee of the Federation Council supported the expansion of the powers of the Cabinet to introduce emergency situations

Sergei Sobyanin was called candidate No. 1 for the post of prime minister. He did not get this chair, but the vigorous fight against the coronavirus again brought the Moscow mayor to the fore

Russia

How the fight against coronavirus helped Sergei Sobyanin become the No. 2 politician in Russia

Russia

"Quarantine law": how not to become a criminal and protect your rights during an epidemic?

Russia

What Russians say about how the Kremlin is fighting the coronavirus

Russia

Imitation of the people's will. Why can't polls be trusted?

Saint Petersburg

Historian Sokolov extended the term of detention, despite the coronavirus

The amendments made to the land legislation, which have been in force since March 2015, largely relate to summer cottage real estate. Moreover, these changes both simplify the procedure for registration of such objects and limit this right.

The right of "dacha amnesty": validity period and risks for those who do not have time?
Thanks to the norms introduced into the legislation, the terms of the law "on dacha amnesty" were again extended:
- in relation to housing (namely: individual residential buildings), the period of validity of the dacha amnesty has been extended until 03/01/2018. This means that before this date it is possible to register the ownership of a residential building, even if it does not have a building permit and an act of commissioning.
It should be remembered that when registering the ownership of a residential building after this date, the specified document will need to be submitted to the registration authority.
- in relation to land plots, the expiration date of the dacha amnesty is 12/31/2020.
Thus, the dacha amnesty currently allows you to formalize the right of ownership of a land plot within the prescribed period without going to court.

Mandatory surveying of land plots - to be in time before 2018!
From January 1, 2018, the law will establish a ban on the disposal of land plots, the boundaries of which are not specified. This law has no exceptions.
That is, if, in accordance with the established procedure, before 01/01/2018, cadastral work is not carried out in relation to the land plot, then such a plot cannot be disposed of in full (sell, donate, lease, exchange, etc.). In this case, the presence or absence of a certificate of ownership or other title document does not matter.
Thus, before the specified date, it is necessary to carry out cadastral work to clarify the location of the boundaries and area of ​​land plots and obtain a cadastral passport with the changes made.

Complex (mass) cadastral work: who is at risk and what?
Since 2015 authorized bodies local self-government of the district or district, bodies executive power Subjects of the Russian Federation have the right to carry out complex cadastral works in relation to each settlement, as well as territories of horticultural, horticultural and dacha non-profit associations of citizens.
The objectives of these works:
- clarification of the boundaries of land plots,
- establishing and (or) clarifying the location of objects located on the sites,
- formation of land plots, incl. public, occupied by streets, driveways, etc.,
- correction of cadastral errors.
At the same time, new rules for clarifying the boundaries of land plots will be applied, namely: it is planned to coordinate the boundaries of land plots by a special conciliation commission at meetings of the right holders of such land plots. There will be no personal notification of the right holders of the plots. And in case of disagreement with the results of these measures, the disputes that have arisen can only be resolved in court within 15 years from the date of entering information into the State Property Committee.
It should be noted that carrying out complex cadastral works is possible only after the approval of land surveying projects. Therefore, before the approval of these documents, it is possible to carry out cadastral work in relation to your object, taking into account its actual use.
Thus, in relation to your property subject to clarification, it is advisable to carry out cadastral work and enter the relevant information into the State Property Committee in order to avoid possible controversial situations in the future, which will be quite problematic to resolve.

Tougher liability for summer residents - fines from the cadastral value.
Since March 20, 2015, the version of the Code of Administrative Offenses of the Russian Federation has been in force, according to which:
- non-use of a land plot from agricultural land for agricultural production or other activities related to such production within the established period entails a fine on citizens in the amount of 0.3 to 0.5% of the cadastral value of the land plot (clause 2 article 8.8 of the Code of Administrative Offenses of the Russian Federation);
- non-use of a land plot intended for housing or other construction, gardening, horticulture, for the indicated purposes, if the obligation to use such a land plot within the established period entails the imposition of a fine on citizens in the amount of 1 to 1.5% of the cadastral value of the land; plot (clause 3, article 8.8 of the Code of Administrative Offenses of the Russian Federation).
- unauthorized occupation of a land plot or part thereof, as well as the use of a land plot without the rights to do so, entails the imposition of a fine on citizens in the amount of 1 to 1.5% of the cadastral value of the land plot.
The Code also establishes the amount of the fine, even if the cadastral value of the object has not been determined.
At the same time, the law does not provide for a specific period during which a person is obliged to use the land belonging to him on the right of ownership. Moreover, the grounds on which the non-use of land plots for housing construction, gardening and horticulture are determined are not indicated. Therefore, the absence of such can serve as an "engine" for the inspection bodies in obtaining budget revenues.

It's time to get out of the shadows - time to pay taxes.
In essence, mass cadastral work is a legal opportunity for the authorities to carry out cadastral registration of objects, despite the will of the owners themselves, in order to ensure tax payments to those who have not yet paid.
Therefore, already from January 1, 2017, for failure to report (late notification) to the tax authorities about the presence of real estate in relation to individuals will be subject to taxation. The penalty will be 20% of the unpaid tax amount.
The obligation to report the presence of property arises for taxpayers - individuals only in the event of non-receipt of earlier tax notices and non-payment of taxes.
It should be noted that citizens who voluntarily declared the existence of objects of taxation from which property tax was not paid can begin to pay it from the year when they applied with the application. But after the transition period, if information about such objects is obtained from other sources, taxes in respect of them will be calculated for the previous three years.
Thus, the current carrying out by the owner of the object of cadastral work will ensure the safety of the object in the form in which he has been using it for a long time, and the owner will avoid future liability measures and unnecessary financial losses.

EGRN: what will change for summer residents?
From January 1, 2017, the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” comes into force. The main innovation of this law is that the cadastral registration of real estate and state registration rights to it will be merged into single system accounting and registration. Thus, a reliable (complete and high-quality) source of information about real estate will be created.
At the same time, the Law significantly reduces the period for registering a property in the cadastre and registering rights to it - 10 working days for both procedures.
Moreover, entering information into the USRN is possible through interdepartmental interaction: upon receipt of documents from the authorities, Rosreestr enters information on their basis into the USRN (except when it is impossible to enter them) and notifies the copyright holder of the entry. That is, the owner of such an object can avoid the costs of carrying out procedures for registering the object.
This law is the most significant for the owners of summer cottages, since it will help resolve many disputes related to inaccurate and conflicting information from numerous registries, reduce the number of appeals to the courts and the associated costs.

Thus, we can conclude that most of the innovations are aimed at increasing the real estate tax base and, accordingly, replenishing the state budget.
However, as practice shows, it is more profitable to be conscientious in order to avoid even greater financial losses and keep your object in its original form.