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

First "amnesty", then "constitution"

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

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

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

Forms of management

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

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

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

Building status

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

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

Registration

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

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

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

Financial activities

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

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

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

landscaping

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

Form of government

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

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

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

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

New law about SNT from January 1, 2019

In July 2017, the State Duma adopted a new law that introduces many amendments to the old laws on non-profit dacha organizations. The new law on in 2019 in the new edition contains many innovations that all owners of suburban areas need to know. It should be remembered that the law is not yet in force, and it will come into force only in January 2019.

We list the main changes that the text of the federal law on SNT contains in 2019:

Now there will be only 2 types of country partnerships - horticultural and horticultural. All dacha associations will have to re-register; during re-registration, you must select the type of country partnership (gardening or gardening). Re-registration data must be entered into the Rosreestr.

• The decision regarding the status of the organization is made at the meeting of the members of the partnership by voting. If the majority decides to become gardeners, and a member of this community has a full-fledged residential building built on the site, he needs to register his housing before the law enters into force (January 1, 2019). If this is not done, then such a residential building will have to be rebuilt into a garden house for seasonal living.
• Members of horticultural associations have the right not only to cultivate fruit and berry crops, but also to build residential buildings on their plots.
• Members of horticultural partnerships have the right to grow various agricultural crops. They also have the right to build a seasonal garden house on their plot.
• The new law also regulates the type of contributions. After the entry into force of the law, there will be 2 types of contributions - membership (made every billing period) and target (made for the purchase of specialized equipment). Entry fees are waived. It is not possible to return the old entry fees.
• All contributions are transferred by bank transfer to the settlement account of the partnership (this rule was invented in order to reduce corruption).
• The minimum number of people to organize a partnership is 7 people.
• The chairman of the partnership is elected for a period of 5 years (previously he was elected for a period of 2 years).
• All partnership documents must be kept for at least 49 years.
• All members of the partnership have the right to get acquainted with the financial statements.
• If a member of the partnership needs a copy of any document for its transfer to state bodies, then such a copy should be provided free of charge.
• If a member of the partnership needs a copy of any document, but the copy will not be transferred to the authorities state power, then such a copy must be provided for a fee, the amount of which is fixed at the meeting.
• If a person does not pay dues within 2 months, then he can be excluded from the partnership. However, he retains the right to use infrastructure facilities (electricity, roads, water supply, and so on). To exercise this right, this person must write a statement; he will also have to pay special contributions every month. In fact, such a person differs from a member of the partnership only in that he is deprived of the right to vote at the meeting.
• The rules regarding public lands have also changed. Previously, such lands were considered collective property; now any member of the partnership can transfer the collective, and the size of the share of the member of the partnership will be proportional to the size of his plot (the same rule applies to the tax on public land).

Federal Law No. 218

Also, the State Duma adopted 218 Federal Laws on SNT, which entered into force on January 1, 2017. It introduces several changes to the registration of parcels:

• Registration of ownership. If the site was provided for the conduct of subsidiary gardening, then such a site is subject to registration. To do this, you need to collect all the necessary documents (passport and act of granting a land plot or any other document confirming ownership) and contact Rosreestr. It is not necessary to have a cadastral passport and a boundary plan with you. After that, your ownership should be registered within 10-12 days.
• Registration of ownership of individual residential, country houses and some buildings that are subject to registration. Previously, only individual housing, as well as various commercial buildings, were subject to registration. Now all buildings on the site (summer house, country house, large utility rooms and some other buildings) are subject to registration. To register a building, it is necessary to make a technical plan of the site and submit it to Rosreestr.

The main changes in the SNT law from January 1, 2019

From January 1, 2019, all settlements of the SNT partnership will be carried out through the bank's current account. Until that time, all owners must choose a bank for settlements. To do this, you must select one person who will represent the interests of the community when opening an account. If SNT already has a bank account at the current moment, then you do not need to open it again.

From January 2019, it will be impossible to pay contributions in cash, only by bank transfer. According to the government, this will make financial flows more transparent and reduce the risk of fraud.

Also, by the end of 2018, it is necessary to determine the composition of the board of SNT. According to the new laws, members will be elected for 5 years, and not for 2 years as before.

The changes will also affect those who do not want to join the SNT community. They can also participate in meetings and vote on fees. And they will also have to chip in on the salary of the chairman of the SNT and council members, whether they like it or not.

In 2019, only targeted contributions and membership fees will remain. Such monetary fees as introductory, share and additional fees can not be paid.

Horticultural associations are non-profit organizations Russian Federation which are created on a voluntary basis.

Their main goal– solving problems in the field of horticulture, horticulture and dacha farming. The activities of partnerships are regulated by Federal Law No. 66 “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”.

General provisions

Federal Law 66 was adopted on April 15, 1998. Despite the fact that such organizations are considered non-profit, they are not subject to the law No. 7 "On Non-Profit Organizations", which was adopted on January 12, 1996. The last amendments to the Federal Law were made on July 3, 2016.

• Chapter 1- describes general provisions of this Federal Law;
• Chapter 2- describes the forms of gardening, horticulture, as well as dacha farming by citizens;
• Chapter 3- describes which plots of land are provided for gardening, horticulture and dacha farming;
• Chapter 4- defines ways to create horticultural, horticultural and dacha non-profit organizations. This chapter also describes the rights and obligations of members of such non-profit associations;
• Chapter 5— describes how such non-profit organizations are managed;
• Chapter 6- determines the peculiarity of the turnover of garden garden and summer cottage land areas. Some of the articles in this chapter are no longer valid;
• Chapter 7- describes what can be built in similar areas. Article 33 of the Federal Law is no longer valid in this chapter;
• Chapter 8– methods of supporting gardeners, gardeners, summer residents and their non-profit associations government bodies authorities;
• Chapter 9- determines the reasons for the liquidation and organization of such non-profit associations;
• Chapter 10— this section protects the rights of such associations and their members. Additionally, liability is provided for violation of the provisions of the law in the conduct of economic activities;
• Chapter 11 This chapter lists the final provisions of the Federal Law.

What changes have been made?

The changes affected the following articles:

Article 1

Paragraph 7 has been changed in Article 1. It refers to membership fees. Membership fees are understood as funds that are paid by members of a non-profit association within a specified period of time.

Target- Maintenance of common property in good condition. Additional pay for the work of employees who have concluded employment contracts with similar associations.

Article 16

Paragraph 4 was supplemented in Article 16. It defines the method for calculating the amount of membership fees. The calculation takes into account the area of ​​the land plot and the total area on this land area.

Article 19

Paragraphs 1 and 2 were changed in Article 19 66 of the Federal Law. Information was added to paragraph 2 about the mandatory notification of the horticultural and horticultural department about the termination of ownership of the existing land plot.

Article 21

Paragraph 3 of paragraph 3 of Article 21 66 of the Federal Law was reworded. According to the new changes, members of the horticultural society are prohibited from holding secret ballots on issues placed on the agenda.

Article 22

In paragraph 3, paragraph 2 of clause 22, a sentence was added on who gets the casting vote if an equal number was scored in the voting process. According to the amendments, this right goes to the chairman of the community.

Below are articles that have not been amended but are important to consider:

The text of this article describes the rules for conducting personal dacha farming, gardening and gardening. Citizens have the right to carry out such activities provided that:

• an agreement was concluded with the dacha association in writing;
• the owner pays all contributions and fees for the use of infrastructure facilities in a timely manner;
• if he refuses to do so, then the funds are collected in court.

The size of the Money for making monthly payments is calculated by members of garden associations based on the size of the acquired territory and the number of equipment used.

Article 19 66 of the Federal Law describes the requirements for persons wishing to be members of a gardening, gardening and dacha partnership:

• the presence of citizenship of the Russian Federation;
• age of majority;
• possession of a land plot located on the territory of a dacha association.

Admission to the partnership is carried out on the basis of the existing state registration. After passing it, the participants of the partnership conduct a general vote, on the basis of which a decision is made to accept the candidate or to refuse him the application.

Important! The government of the Russian Federation allows foreign citizens to become members of horticultural associations, but only if all the conditions of the law are met.

Article 27 of Federal Law 66 describes the procedure for conducting office work on the territory of a dacha partnership. If a citizen wants to engage in any activity on the territory of his land, then he needs to apply with documents to the chairman of the community. Having studied the received papers, he puts his signature on them and passes them to his secretary, whose signature must be affixed without fail.

At the request of an authorized person, the chairman of the partnership must provide the following package of documents:

• the charter of the horticultural association and all amendments made to it;
• estimate of financial activities;
• protocols for general meetings and the results of all votes taken;
• documents on the basis of which the participants of the partnership are allowed to use common property;
• other papers provided for by the charter of the association.

The list of documents listed above must also be provided at the request of a member of the partnership. Papers are provided only in copies.

Download the new version of the law

Federal Law 66 regulates relations arising in the process of creating garden, garden and country associations, as well as those related to the implementation of their activities. The law contains 11 chapters and 55 articles.

The last changes were made to 66 Federal Laws on July 3, 2016. To familiarize yourself with the Law on Horticultural Associations in latest edition download it from .

Pay attention: Federal Law No. 66-FZ of April 15, 1998 "On horticultural, horticultural and dacha non-profit associations of citizens" expired on January 1, 2019 in connection with the issuance and entry into force Federal Law of July 29, 2017 N 217-FZ"On the conduct by citizens of horticulture and horticulture for their own needs and on the introduction of amendments to certain legislative acts of the Russian Federation"

Preface to the Federal Law N 66-FZ "On horticultural, gardening and country non-profit associations of citizens"

A citizen may be granted (or acquired by him) a land plot for the purpose of growing crops and (or) for recreation. Depending on the status of the land plot and the purpose of its provision (or acquisition), the following are distinguished:

• garden plot;
• garden plot;
• cottage land.

Horticultural, horticultural or dacha non-profit association of citizens

- This non-profit organization, i.e. an organization that does not have profit making as such a goal and does not distribute the profit received among the participants (clause 1 Art. 50 of the Civil Code of the Russian Federation).

Organizational and legal forms of a non-profit association of citizens

Such an "association" of citizens may take the form of a non-profit partnership, consumer cooperative or non-profit partnership. As a rule, this "association" functions in the form of a partnership (horticultural, horticultural or dacha non-profit partnership, abbreviated as SNT, ONT, DNT).

Such a non-profit organization is established by citizens on a voluntary basis to assist its members in solving the general social and economic problems of gardening, horticulture and dacha farming.

The above and other norms-definitions are contained in Article 1 of Law N 66-FZ.

Subject of regulation of the law

Federal Law N 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" regulates relations arising in connection with the conduct of gardening, horticulture and dacha farming by citizens.

In addition to the norms of this law, the norms of Land Code of the Russian Federation , Civil Code of the Russian Federation , Town Planning Code of the Russian Federation, and a number of others federal laws as well as departmental rules and regulations.

Application of the norms of the Civil Code of the Russian Federation on partnerships of property owners

Chapter II. Forms of gardening by citizens,

Chapter III. Provision of land plots for management
gardening, horticulture and gardening

Chapter V. Management of horticultural, horticultural and
dacha non-profit associations

Chapter VI. Features of granting ownership and
turnover of garden, garden and summer cottages

Chapter VII. Organization and development of the territory of the horticultural,

Chapter VIII. Support for gardeners, gardeners, summer residents and their
horticultural, horticultural and dacha non-commercial
associations by public authorities, bodies
local government and organizations

Chapter IX. Reorganization and liquidation of the horticultural,
gardening or dacha non-profit association

Chapter X
non-profit associations and their members. Responsibility for
violation of the law in the conduct of gardening,
gardening and dacha farming

The president
Russian Federation
B. YELTSIN