The holiday season is almost in full swing. In this regard, we recall the "country" innovations. Among them is the constitution of summer residents, which prohibits a lot; the opportunity to lose your unregistered site; the fight against pollution by garbage gardening associations; possible receipt needy citizens 100 acres of land from the state.

The constitution of summer residents

The initiative to create a "constitution for summer residents" belongs to the Moscow Regional Duma. This document will regulate the life of holiday villages; The initiative proposes to fine 2,000 rubles for uncut grass, and 5,000 rubles for burning on the territory of a household waste site. For individual violations, the fine for garden non-profit partnerships (SNT) will reach up to 500 thousand rubles. SNT will be fined for bad roads, lack of lighting at night, and also for the lack of information boards.

It is also known that not only the general condition of the SNT will be checked, but also each individual dacha. For example, for a toilet located closer than 12 meters from a neighboring site, you will have to pay 2 thousand rubles. The same fine is set for keeping pigs or bees, if you have not agreed on this with your neighbors. The document is now being coordinated in the relevant departments, and may begin to operate as early as August 1 this year. Summer residents still have time to breathe freely.

Certain types of fences will be banned

The Regional Chief Architecture presented recommendations regarding the design of fences and their appearance. The ban will now include chain-link mesh, brickwork, reinforced concrete fence, and structures made of all-metal sheets. It is assumed that this will visually improve the settlements of the Moscow region.

Earlier, the authorities warned that the sanctions would affect the owners of fences more than two meters high, in addition, summer residents will be required to paint and repair fences.

Unregistered plots will be sold by the authorities under the hammer

This year, amendments (No. 251-FZ of July 13, 2015) came into force, according to which land plots that are not officially registered will be sold by municipal authorities at auction. Now the owners of such plots are not in danger, however, in order to properly re-register the documents, they have two years left. They need to get the only document from Rosreestr that, like armor, protects their property - the “Certificate of Registration of Rights”. For those who think that the state has forgotten about their summer cottage, we remind you that since 2013 there has been a total inventory of land, and there are practically no white spots left in the Moscow region. All data on "unregistered" real estate must be transferred to the municipal authorities. They, most likely, will declare hundreds of draws and begin to dispose of them at their own discretion. Note that municipal officials do not have the right to sell this land, but already in 2018 they can legally announce an auction. Recall that most of the plots have not received a certificate of registration of rights, and most gardeners still have only old membership books in their hands. You should not consider the issuance of certificates a mere formality, because not only citizens using the plots (who consider them theirs) can apply for registration of rights, but also bailiffs, as well as local governments.

Moscow suburban summer residents will be taught fire safety

Employees of the Ministry of Emergency Situations of the capital and the Moscow region will now carry out explanatory work with summer residents on the eve of the fire season, Interfax was told in the press service of the Deputy Prime Minister of the Moscow Region Dmitry Pestov.

The report states that 98% of fires (during the fire hazard period) are caused by human error. In addition, rescuers will conduct fire safety lessons at schools, universities, and enterprises.

Sanctions will be introduced for those who have not concluded a contract for garbage collection.

Residents of the Moscow region who have not formalized their relations for waste disposal will be fined. Deputy Minister of Housing and Public Utilities of the region Alexei Belovodov said that the fine would be from 5 to 10 thousand rubles. Administrative and technical supervision will check the availability of such documents from summer residents several times a season. At the beginning of 2016, it is planned to adopt appropriate amendments to the law "On improvement in the Moscow region". On this moment such agreements are not concluded by single summer residents, which garden associations of the Moscow Region do. At present, gardening associations of the Moscow Region are entering into agreements for garbage collection with contractors.

Summer residents who have not joined partnerships, but whose plots are located in such territories, must conclude an agreement for garbage collection on an individual basis. Note that administrative measures in relation to summer residents who have not drawn up contracts for garbage collection have not been established by law.

The authorities will begin to independently measure the boundaries of suburban areas

The authorities have already got the opportunity, without waiting for the owners of the plots, to independently clarify the boundaries of the land at the budget expense. However, the data obtained as a result of state cadastral works can differ greatly from the actual ones. After that, the owners of the plots will have to independently defend the right to the lost territory in court or a special conciliation commission. It would be logical to carry out such work on their own initiative.

In addition, Alexander Bednyagin, deputy general director of the Moscow Regional Bureau of Technical Inventory (BTI), told Arguments and Facts that from 2018, a site with inexact boundaries cannot be sold or donated. It is better to prepare money now and pay cadastral engineers for land surveying now.

The draft law on state cadastral land appraisers is ready

The government has prepared a bill that will affect the cadastral valuation of land and property, this was announced by the head of the Ministry of Economic Development Alexei Ulyukaev at a Cabinet meeting. Now, according to the minister, there are risks that need to be eliminated. We are talking about the blurring of responsibility between real estate appraisers and organizations conducting the examination. In addition, the cadastral valuation is carried out at certain intervals, and during this time there are serious changes in the market. Now, after the draft law comes into force, the institution of state cadastral appraisers will be created.

Tools for protecting the interests of owners in the cadastral valuation should be accessible and not burdensome, Russian President Vladimir Putin said at the same meeting.

Deputies propose to issue 100 acres of land to Russians

The Russians are also expecting good news in the near future: a bill has already been submitted to the State Duma, according to which some categories of citizens of the authorities will allocate plots of up to 100 acres free of charge. The land will be given for the construction of residential buildings, dachas, for auxiliary, agricultural, farming, dacha farms. The Russians will be able to take plots for five years, and after that the contract can be extended or the land can be acquired, provided that the plot is used for its intended purpose.

The leader of the Just Russia party, Sergei Mironov, who initiated the bill, believes that this measure will help to involve millions of citizens in the production of agricultural products and solve the problem of food import substitution, will allow the use of abandoned lands, and populate remote territories.

The document provides for the allocation of land to large families and all citizens of the Russian Federation with an insurance record of 30 years or more. 29 categories of citizens will be able to receive free land for use. Among them are citizens who have worked for more than 10 years in jobs with harmful conditions labor, in underground work, in hot shops, tractor drivers, people who have worked for 15 years as drivers of road, construction, loading and unloading machines. As well as citizens who have worked for 10 years at forest management, field exploration, prospecting, survey work, people who have worked as drivers for 15 years and worked as rescuers for 12.6 years. It is also planned to provide land to those who have worked in civil aviation for at least 15 years or have been involved in civil aviation flight control for at least 10 years, to engineering and technical staff serving aircraft. People who have worked in law enforcement or military service positions for 15 years. The list includes persons who have worked as teachers or doctors in urban settlements for 12.6 years or more. countryside(for urban teachers and doctors, work experience of 15 years is required). Another category of citizens who will be provided with plots - representatives creative professions- Actors of theaters with the experience of 15 years.

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 at 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 get things done in the gardening 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.

In the State Duma, at various stages of consideration, there are now bills that apply to all residents of summer cottages. Formally, these initiatives are designed to make life easier for Russian summer residents, but in practice, their main consequence may be an increase in fees from citizens. The magazine writes about it "Kommersant-Money" .

In particular, we are talking on the bill, which proposes to assign the status of settlements to the current SNT and cottage settlements. In this case, the state will take over the construction of roads, clinics, schools, gasification and other infrastructure. On May 20, such a bill was submitted to the State Duma by deputy Oleg Nilov. One of the most important consequences of the adoption of this law will be the opportunity to implement the long-standing idea of ​​registration of citizens in the country.

According to Deneg's sources, this bill will not be considered until the autumn session, and in general its prospects are ambiguous. “Everyone says that the idea is not bad. But we don’t have money, so you hold on,” Nilov, the author of the initiative, told the publication. At the same time, the government of the Moscow Region believes that the likelihood of the bill being passed is quite high, noting that the development of SNT can be spent on funds that administrations will receive from land and property taxes.

However, despite the promising prospects that this bill promises, most summer residents do not believe in roads and gasification at the expense of the budget, but they do believe in raising taxes, the magazine notes. In particular, they fear that the inclusion of SNT in the settlement will dramatically increase the cadastral value of real estate. This is especially disadvantageous for those who, in principle, do not need registration at the dacha.

In addition, on May 20, in the first reading, the State Duma adopted, which clarifies the procedure for calculating membership fees and penalties in case of late payment, provides for the maintenance of a register in order to streamline the recording of information about citizens engaged in gardening, horticulture or dacha farming, etc., - in total, its authors propose to introduce eight points regulating the internal "kitchen" of SNT. Meanwhile, experts believe that all this is being started for the sake of one point, which establishes a direct dependence of the size of the membership fee on the area of ​​the land and real estate on it. Thus, the authorities want to persuade citizens to register property rights in order to again be able to tax them, Dengi notes.

At the same time, experts recall that in terms of the forced registration of dachas and houses, a more effective means has been prepared: in 2018, when it finally ends, the rule comes into force, according to which if a building or land plot is not registered by law, then the turnover of such property will practically impossible.

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

"Country Constitution"

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

Jaromir Romanov/website

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

Will there be no more summer residents in Russia?

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

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

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms is a clear overkill. But one cannot ignore all the realities, and in this case they are in the fact that the land plots owned and used Russian summer residents, there may be different kinds of permitted uses. 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 in the election of the chairman and members of the board, audit commission individuals will still not be able to participate. In general, the big question is what is the benefit of such a special status now.

Natalia Khanina/website

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

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According to statistics, every second Russian has a dacha, and the new dacha law is designed to both complicate and simplify the life of gardeners, but at the same time restore order in their ranks. Federal law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts Russian Federation"No. 217-FZ of July 29, 2017 (came into force on January 1, 2019) governs relations arising in connection with gardening and horticulture by citizens for their own needs, and also determines the specifics of the civil law status non-profit organizations created by citizens for horticulture and horticulture.

Save on membership fees!

Back in 2016, a new law on summer cottages was signed. And although the document tightens certain requirements for the organization of horticultural associations, it simultaneously provides certain concessions.

Thus, in the first draft of the bill it was assumed that the size of membership fees would directly depend on the number of acres (or the total area of ​​plots owned by one person). The deputies were afraid that for some gardeners the new rate would become unbearable, so in the final version they decided to give the right to tie the size of the membership fee to the land to the gardeners themselves. It’s easier, because gardeners know their colleagues not only by sight, so it’s easier for them to understand whether their neighbors in the area will pull the new amount of payment or not.

An important innovation was that all membership fees should now be directed to the "maintenance of common property." This means that the chairman will not be able to spend the money collected over the summer on the improvement of the "path leading to his house."

On a note! The Federal Law of 03.07.2016 No. 337-FZ “On horticultural, horticultural and dacha non-profit associations of citizens” was subject to adjustments.

Get on the roll call!

The adopted law on dacha gardening associations obliges to create a register with a listing of all members by name. New partnerships were obliged to provide a register one month after official registration.

The register must include detailed information about every outdoor enthusiast, including:

• name, surname and patronymic;
• address (postal or electronic) for sending various messages, including the time and date of the general meeting, as well as for sending copies of documents;
• cadastral number of the land plot;
• additional data that members of a particular dacha community deem necessary.

Each gardener must promptly inform the board of all changes in the data included in the register.

Important! Within 10 days from the sale of the site and the transfer of ownership to another person, the former owner must notify the board in writing.

Access is open!

It is valuable that the deputies endowed gardeners with the legal right not only to get acquainted with all the documents of the partnership, but also to receive copies of them. At the same time, the dacha law of 2019 clearly regulates that their cost cannot exceed the money that was spent on their manufacture. Since today most documents are created and sent using a computer, it is logical that gardeners will be able to receive the results of the general meeting vote and other important papers for free or for a nominal fee, for example, laying the cost of purchasing paper for printing copies in membership fees.

Among the documents that an amateur gardener can legally demand from the board are:

• the articles of association and amendments made to it;
• financial statements;
• protocols general meetings, meetings of the board and the audit commission;
• ballots with the results of voting, including if it was held in absentia;
• title documents for common property.

The new dacha law also establishes a ban on absentee voting when resolving the following issues:

• change of charter;
• statement new edition charter;
• liquidation or reorganization of the association;
• approval of income and expenditure estimates;
• consideration of the reports of the board and the report of the audit commission.

Who will pay for the roads and security?

Dacha residents did not have time to adapt to the law in 2016, when the innovations of 2019 arrived, which allow registration in a country house, abolish the concept of "dacha partnership" and instead of 5 contributions, they are allowed to pay only 2.

Only 3.5% of the plots today are located within the boundaries of settlements, where issues with the arrangement of common areas are, at the very least, being resolved. The rest of the summer residents own acres that do not appear among the lands of a particular village, village or city, while gardeners regularly pay land taxes, but are forced to solve all problems on their own.

There is one more nuance. Legislation allows building on garden plot houses for permanent residence, but due to the imperfection of the law, their owners are deprived of various social guarantees.

Experts believe that another law on dacha horticultural associations will stimulate the remaining 30% of dacha owners to formalize land rights and automatically join the ranks of those who regularly replenish the budget with tax deductions. And this is quite reasonable: you have registered the right to land, you pay taxes, you receive state guarantees.

Experts fear that the adoption of this law may be put on the brakes due to the need for significant costs that will be required from the regional authorities. Changing the status of land requires the presence of a certain infrastructure - roads, transport links, a store, etc. Organizing all this from scratch, of course, is costly for the local budget, but one-time expenses will turn into a regular increase in the treasury in the future due to incoming taxes.