What does dnp plot mean. What is IZHS, SNT and DNP? Legislative base and documents

On many sites you can find the expression: land SNT or DNP. What is meant in this case?

One might think that in this case we mean land (a land plot or plots) owned or leased to a horticultural or dacha association of citizens. Indeed, with a literal interpretation of this expression, especially among lawyers, this statement will be true.

However, we are primarily interested in another, more frequently used meaning of this expression, connected primarily with the legal site use status without reference to its owner or tenant. After all, an ordinary summer resident or a gardener, or an average person interested in acquiring land, is far from legal terminology or a similar communication environment.

So, in order to understand the meaning of the expressions " section of snt" or " section of the DNP", you need to know the following:

All lands are divided into their categories (for example: lands of settlements, industrial lands, lands of the forest fund or lands for agricultural activities, etc.) and each land plot is assigned to one of these categories

For each category, the types of permitted use of land plots belonging to this category are legislatively fixed (for example: arable land, production activities, construction of residential buildings, etc.), in other words, it is established what can be done on each specific land plot (how to use plot)

Each land plot, in addition to its category, has its own type of permitted use that does not contradict its category

Therefore, most often when they say or write: " land SNT / DNP", they just mean the permitted type of land use. It should be noted separately that the category of land plot with the permitted type of use of SNT or DNP will always be -" agricultural land ". That is why, in colloquial speech, the phrase is often used, which is tautological in its meaning: agricultural land SNT / DNP. Only professional lawyers know that this is "buttered butter".

Thus, it is correct to decipher " land SNT / DNP " or " agricultural land SNT/DNP ", in relation to the type of land, you need this:

Earth SNT- agricultural land intended for gardening

Earth DNP- land for agricultural purposes intended for dacha farming

Types of permitted use of SNT / DNP on agricultural land are almost the only ones on which construction allowed garden/dacha or residential buildings (the exception is such a type of use as private household plots - personal subsidiary plots).

When considering issues related to legal registration land plots, incomprehensible terms often flash. Let's see: private household plots, IZHS, SNT, DNP - what is it.

Modern legislation gives citizens the right to acquire ownership of various land plots. But not every selected site can be used for the purposes you have defined. You need to decide what the state will allow you to do on it. And it depends on its location and intended purpose.

Differentiation of lands by purpose

The Land Code of the Russian Federation divides all lands according to their intended purpose into seven types:

for settlements;
agricultural;
protected areas;
for industrial facilities and industry;
water fund;
lands held in reserve;
forest fund.

In addition to the intended purpose assigned to them, the lands have the type of its permitted use officially established for a particular site.

There are more than three thousand types of permitted land use in Russia. Each such species establishes what activities are allowed on the given land.

For agricultural land, permitted uses may be:

garden residential buildings;
for agricultural production;
for gardening;
for farming (peasant) economy.

For lands within the boundaries of settlements:

blocked houses;
for the construction of cottages;
for individual housing construction.

When purchasing a land plot, it is necessary to take into account all your requests, determine what it is for, whether there will be buildings on it, what status is required of them. Based on this, you should select its permitted type of use.

The purpose of a piece of land may be as follows:

dacha non-commercial partnership, abbreviated as DNP;
garden non-profit partnership, abbreviated SNT;
personal subsidiary plot, abbreviated LPH;
individual housing construction, abbreviated IZHS.

The lands of dacha and garden non-commercial partnerships can only be located on agricultural lands, however, according to recent changes in legislation, the placement of plots of DNP has become possible on lands within the settlement. Plots for individual housing construction must certainly be within the boundaries of the lands of residential settlements.

Each type of permitted use has its own advantages and disadvantages.

The concept of SNT

SNT is a garden non-profit partnership.

On the lands of SNT, it is allowed to grow crops, place buildings needed for their processing and storage.

If desired, such land plots in a non-profit gardening partnership can be used to build a house.

Advantages of using SNT land:

the cost of the plot is much lower than the cost of a plot of IZHS land;
lands are located outside the city, in the countryside;
The land can be used without building a house.

Cons of using land in SNT:

in practice it is difficult to register in country house built on the lands of SNT;
SNT plots have, as a rule, a small area - 6-15 acres;
the price of real estate on these lands will be low, regardless of the size and quality of the built house, it will be a country house;
all arrangement and supply of communications should be carried out by the owner of the site, and not by local authorities;
the need to pay membership fees to the partnership;
use SNT land as collateral financial institutions agree with great difficulty.

SNT lands are allocated in picturesque and ecologically clean areas. The difference in their cost is often determined only by the convenience of the location and the available communications.

DNP - what is it

DNP is a dacha non-profit partnership.

The lands of the DNP are intended for the operation of a garden or a small vegetable garden or for the construction of a country house.

The legislation allows the placement of DNP plots on lands within settlements, so in fact in this they are similar to IZHS lands.

Advantages of using the land of the DNP:

their cost is lower than the cost of IZHS land;
if the lands of the DNP fall within the boundaries of the settlement, then it is easier to get a residence permit in them than in the SNT;
technical expertise is not required to put a built house into operation.

Disadvantages of using DNP land:

due to the fact that the lands of the DNP still have an agricultural purpose, the presence of a garden or vegetable garden on them is mandatory;
The specificity of the lands of the DNP is that the presence of a house on it for housing is as necessary as the presence of a garden.

Pros and cons of LPH

LPH - personal subsidiary plot. LPH lands are essentially agricultural land plots.

The main difference between private household plots and IZHS and SNT lands is that they are located both outside settlements - field land plots, and inside them - personal plots of land.

The field plot of land of private household plots can only be used for growing agricultural products. It is forbidden to build any objects.

In addition to growing crops, the personal plot of land of private household plots can also be used for the construction of industrial, domestic and residential buildings on it. At the same time, all rules and regulations for their placement are observed.

Advantages of using private household plots:

in the case of the location of the site in the settlement, it is possible to transfer it to the lands of individual housing construction;
preferential tax rate for such land - less than 0.3% of the cadastral value of the site.

Disadvantages of using private household plots:

in modern legislation there is no concept of private household plots, which can lead to additional difficulties;
registration of ownership of land for private household plots located not within the boundaries of settlements depends on what decision the local authorities make, which have the right to prohibit the construction of buildings on it.

What is IZHS

IZHS - individual housing construction.

Favorably differ from DNP and SNT of the land of IZHS - they are allowed to be used for the construction of capital residential buildings.

Advantages of using IZHS land:

availability of a postal address;
in a house built on the lands of individual housing construction, it is easy to register;
local authorities are obliged to provide IZHS sites with all necessary infrastructure;
The land can be used as collateral.

Cons of using IZHS land:

the area of the site is clearly limited;
the project for building a house must be coordinated with many services and organizations, to obtain construction permits;

The cost of such lands is the highest compared to others, since they are located within residential settlements.

Which is better: SNT or IZHS

Selection of land for land use

For the purpose of land use, it is most advantageous to acquire SNT land. They are attractive due to their low cost and the possibility of using the entire area for growing crops.

SNT can be purchased in two ways:

direct purchase from the owner;
joining a gardening partnership with subsequent privatization of land.

Having become the owner of such a land plot, you can already build a residential building on it.

The choice of land for living

For permanent residence, it is preferable to acquire IZHS land.
Despite the higher cost of the site, such a move will provide a more profitable investment.

The IZHS lands are becoming more expensive every year than others, and later they can be sold for more than the original cost.

The choice of the type of land plot depends on whether you are going to build a house, whether to grow agricultural products, that is, on what purpose it had before buying.

A careful study of documents on land will allow you to avoid fatal mistakes that can interfere with the realization of a dream.

In the video: Differences in the lands of SNT, DNP, DNT ...

Ownership of land in Russia gives the owner the right to use it only in strict accordance with its purpose. For example, on a plot for the construction of housing it is impossible to engage in farming, and the owner of land intended for farming activities, is obliged to maintain it and report to the tax authorities. That is why, before buying land for development, it is necessary to think about how the legislation allows the use of a particular object.

In our country, land is divided into several categories, however individuals can acquire only plots related to settlements or agricultural land. Each of these species has a division according to the type of purpose of the land. For example, land for individual construction (IZHS) or dacha (SNT, SPK, SNP), as well as for a peasant farm, personal subsidiary farm and others. For the construction of housing, in most cases, land with the status of individual housing construction and SNT is acquired - we will consider their features in more detail.

Land under IZHS can only be located in settlements. Its purpose follows from the name - this type is intended for building a house. The Town Planning Code of the Russian Federation recognizes as such an object a detached residential building up to three floors inclusive, in which one family lives. When the house is built and registered in the property, you can register in it.

On land under individual housing construction it is impossible to conduct entrepreneurial activity, place industrial facilities, build apartment buildings and use it for any other commercial purposes. But the owner has the opportunity to plant a garden and a vegetable garden on the site, as well as build various buildings: a garage, greenhouses, a bathhouse, a barn and others. In a word, fully equip the site for a comfortable life for your family.

What is a horticultural non-profit partnership

SNT along with other similar associations - horticultural consumer cooperative(SPK) and horticultural non-profit partnership (SNP) - can be used for dacha management, including construction. Most of the SNT is located on agricultural land, although they may also belong to the category of settlements. The owner can build outbuildings and even a residential building on his land, but it will be problematic to register in it - it is likely that you will have to go to court for this. However, in judicial practice a lot of cases that ended in favor of the owners, and their right to register in the houses of SNT, related to settlement lands, was recognized by the Constitutional Court of Russia (Resolution of the Constitutional Court of the Russian Federation of 04.14.2008 N 7-P).

The SNT status gives the owner almost the same opportunities for building on the site as the IZHS, and imposes the same restrictions on it in terms of commercial use. However, there are many differences between them.

IZHS or SNT differences and pitfalls

The main difference between the considered types of lands, in addition to the registration procedure, is the following: IZHS plots are always settlement lands with all the ensuing advantages. The state invests in the development of these lands, which means that electricity, road construction and some other expenses are financed from the budget. But SNT participants will have to pay for all this at their own expense.

Another difference lies in the owner's ability to solve global issues of arranging his site, for example, supplying gas. On the IZHS site, the desire of the owner is enough for this, in the SNT, the entire village will have to be gasified at once. And this requires the interest of other comrades and their willingness to bear the costs. On the one hand, this entails understandable difficulties. But, on the other hand, such a procedure for resolving issues can also be in the hands of the owners, especially if their financial capabilities are more or less the same. For example, in the village of SNT, with a general desire, it is possible to organize security, while in the village where the site for individual housing construction is located, this is impossible.

Speaking about the costs of the owner, it is worth mentioning that there are membership fees in SNT. These are obligatory payments that go to the current economic needs of the partnership, the arrangement of the territory common use, maintenance of the SNT apparatus and other expenses. The amount of contributions is set in each specific organization and averages several thousand rubles a year. The owner of a plot under individual housing construction is deprived of such expenses, but he bears a greater tax burden.

Another important point: the status of IZHS obliges to start housing construction within three years from the date of purchase of the site. Otherwise, the owner may be fined from 20 to 50 thousand rubles under Article 8.8 of the Code of Administrative Offenses of the Russian Federation. Moreover, according to Article 284 of the Civil Code of the Russian Federation, there is a theoretical possibility that the site may be withdrawn if the owner does not begin to develop it within the specified period in accordance with the purpose. Although the procedure for withdrawal has not yet been determined by law, and this article does not apply. But the local administration may well impose a fine! The owner of the site in the SNT is not obliged to erect any buildings, so the construction of the house can be postponed to a later date.

In conclusion, let us mention the cost of plots. Historically, in Russia, land for individual housing construction costs more than SNT. However, when making a decision, it is worth considering the above circumstances and assessing what other costs the future owner will have to bear (communication costs, fees, taxes, the cost of building registration, and so on). In the general case, the recommendations of experts come down to precisely determining the goals of acquiring land. If this summer rest and trips on weekends, it is better to choose a site in SNT. And for a family that plans to live in a house year-round, especially if this housing is the only one, it is better to take care of acquiring land for individual housing construction.

This article will help you figure out what is the best choice when buying a land plot - IZHS DNP or SNT. The mystery lies not only in the purpose of land allotments, but also in their subsequent use and maintenance. The cost, construction of the home ownership and responsibility for maintenance individualize each type of land.

When is land use important?

Today, in the terminology, you can find many abbreviations denoting the content, type and purpose of land plots - IZHS, DNO, DNP, SNT, TSN, WPC, etc. Each of them hides issues not only in terms of purpose (encumbrance with certain limits of use), but also in the management and maintenance of the land.

The abbreviation IZHS stands for individual housing construction.

SNT is a horticultural non-profit partnership.

DNP is a dacha non-profit partnership.

The legal bases for the last two types of abbreviations are regulated not only by the Land Code, but federal law about horticultural, horticultural and dacha non-profit associations of citizens. And the first - the Land and Town Planning Codes.

In the first case we are talking on the direct purpose of the land plot - construction, and in other cases - on the method of managing all plots purchased for purposes other than the construction of a private household.

How each type of purpose of a piece of land differs is described below in accordance with the purposes of its purchase.

When the goal is to build a house

If you plan to build private house and at the same time to have a developed infrastructure "at hand", you should find land for individual housing construction. Such plots are located in a fenced area in the village and are designated as a cottage village.

The main pros and cons of buying.

Finance. The cost of the site will be high, because the owner receives not only land for home ownership, but also a free place for parking and recreation with proper design. At the regional level, the size of the purchased plot for individual housing construction is determined, which also affects the cost.
Registration and commissioning. When such plots are allocated, an address and a cadastral number are simultaneously assigned. The future house can be called the place of permanent residence of a citizen, and therefore, registration can be carried out in it. If in apartment building commissioning is carried out by the developer, then when building on land according to individual housing construction, it is necessary for the owner to comply with construction standards and put into operation.
tax preferences. After the completion of construction and paperwork, it is enough to simply make a tax deduction for the amounts spent.
Availability of infrastructure. The location and purpose of the site oblige the authorities to create accessible social facilities, be it schools or hospitals. The same rule applies to connection to electricity and other housing facilities. Walking distance to electricity networks does not mean immediate connection to them. The owner himself will have to obtain technical conditions and conclude contracts for connection.
Credits. Home ownership built on a plot for individual housing construction can be collateral, and a land plot can become collateral when applying for a loan to build a house.

When the goal is to acquire a cottage

Having your own piece of land away from city noise and smog is the dream of many residents of megacities. In such cases, the issue of acquiring a summer cottage is considered. For cultivation of crops and recreation in a summer house, a plot on the territory of SNT and DNP is suitable. Although the purposes of these land plots are the same, the management of gardening and summer cottages is carried out in its own way. Individual construction is not carried out, although with sufficient development of the area, the category of land can be changed.

Under civil law, the form of organization of a partnership differs from partnership in the form of responsibility. Roads, transformer substations and the land under them, as well as gas distribution stations are the common property of gardeners and summer residents. Do not rush to conclusions about how non-profit partnerships differ from garden partnerships.

Country associations and their features

The creation of the DNT is associated with the presence of the will to manage the common property. Country associations are created for gardening, but they can build summer houses that are not intended for permanent residence. DNP is a type of legal entity that is not intended for profit.

Construction on the territory of the DNP. Compliance with GOST and SNiPs for the construction of residential premises is not required, unlike individual housing construction. For a country house, it is typical that there is a connection only to electrical networks.
Dimensions and boundaries. In each territory allocated by the administration for the NST, different sizes of plots are established. In the same locality, plots of DNP can vary from 4 to 6 acres.
Contributions. In addition to membership and target fees, land holders on the territory of the DNT pay, among other things, wages partnership board.
Common property. A dacha partnership or partnership aims to maintain common property - roads, take out garbage, and so on. To do this, members of the DNT annually make targeted and membership fees.
The main negative factor In accordance with the norm of the law, members of the DNP bear subsidiary (equal) liability for losses. That is, non-payment by one or more people of the contribution is divided among the remaining members.

In horticultural associations, in contrast to the DNP, it is more expensive to buy land, despite the single category of agricultural land. The difference between them lies not only in the presence or absence of the ability to build buildings, but also in the fertility of the soil. Such sites are located at a considerable distance from the city or other settlement.

Construction and registration. It is possible to build a house on the territory of SNT, but it is not possible to register without transferring the land for individual housing construction. Construction for SNT and DNP has the same principles.
Maintenance of common property. Occurs according to the same principles as in DNT. In some cases, for the construction of a gas pipeline, members of the SNT will have to create another entity so that it is not equated with common property, and there is no possibility of a free tie-in to the gas infrastructure created at its own expense.
Mortgaged property. Despite the increased cost of SNT land, banks are unlikely to be interested in attaching this property as collateral.

Important! If no one has been occupied with the land for a long time, then the members of the partnership may recognize the land as ownerless and, by a court decision, sell it in the interests of all members or bring it to the balance of the partnership.

Unlike the DNT, the members of the SNT are not liable for the losses of the partnership.

What is SNT, DNP and IZHS

Land plots can be allocated for individual housing construction or included in SNT and DNP. What is it - SNT and DNP, how do they differ from IZHS?

DNP is a dacha non-profit partnership, SNT is a garden non-profit partnership.

IZHS is one of the forms of providing citizens with housing by building a house on the right of personal ownership at their expense and with direct participation. That is, IZHS is nothing more than the appointment of a land plot for construction.

On what land should these plots be located?

SNT and DNP - on agricultural lands, and lands of settlements are allocated for individual housing construction.

So let's take a look at the IHS first.

Of course, this option will be of interest to those who want to build a house away from the bustle of the city, but at the same time be considered a full-fledged (with a residence permit) owner of the property. We hasten to please you: you will receive a residence permit. And now for the cons:

the size of the land plot cannot be more than the approved norms;
construction can only be carried out after obtaining all permits;
such a land plot has a high cost, as it is located within the boundaries of the settlement.

Now let's talk more about what it is - DNP / SNT. The lands on the plots that are included in the SNT and DNP are intended primarily for growing various crops on them. Of course, it is possible to build a cottage-type house here, but the construction of a comfortable cottage can become problematic, since gas and even water are often not connected to such areas.

Citizens who have reached the age of 18 and have acquired a plot within the territory of the partnership can become members of the SNT and DNP. New member SNT/DNP receives a membership book within 3 months.

In addition, SNT, like DNP, is formed for the implementation of non-commercial goals of citizens. So citizens do not receive profits from owning a plot (we are not talking about selling products from the site). Activities should not be considered in the context of profit governing bodies SNT and DNP. Despite the fact that each member of the association pays membership fees, this money does not go to satisfy personal needs, for example, members of the board. They are spent on SNT/DNP infrastructure.

Membership fees for SNT

The legislator in Art. 14 of the law "On the conduct by citizens of gardening and horticulture for their own needs ..." dated July 29, 2017 No. 217-FZ establishes that all members of these associations are required to pay membership fees.

Despite the fact that the law does not specify the procedure for collecting fees, this does not mean that the chairman of the association, together with the accountant, can do it as he pleases.

There is a presumption of equality of all members of the SNT, and accordingly, everyone must pay the same fees for a unit of land, for example, for a hundred square meters. That is, the total amount of deductions of a citizen will depend on the size of his allotment.

In addition to annual (or quarterly) contributions, the charter of the SNT may provide for other deductions, for example, entrance fees (when joining a partnership).

Charter of SNT

The Charter of the SNT is its fundamental document, in accordance with which the SNT functions.

Note! Only the general meeting of members of the SNT has the right to approve the charter, make changes or additions to it.

Don't know your rights?

The articles of association must contain the following information:

General information:

time of SNT formation;
its location;
organizational and legal form.

The subject and goals of the activity.

Legal status of SNT (rights and obligations of the partnership).

Property of SNT, including the procedure for making and amount of contributions.

Membership in SNT.

Rights and obligations of members of the SNT.

SNT governing bodies.

Competence of authorities.

Control over the financial and economic activities of SNT.

The procedure for the formation of a special fund.

Liability of the participants for the debts of the partnership.

Business issues.

Liquidation and reorganization of SNT.

Disclosure Rules.

The procedure for making absentee decisions.

The standard form of the charter of SNT is not approved by the legislator. but General requirements are the same: written form and acceptance on general meeting SNT.

Which is better - SNT or DNP?

Garden partnerships were formed, as a rule, at the turn of the 90s of the XX century. They are located on lands that do not have a high value.

But the lands related to the DNP are an improved version of agricultural plots, the soils on which are more fertile.

If you choose between SNT and DNP, you must first answer the question: SNT / DNP - what is it for you? A way to organize recreation outside the city or the acquisition of land for planting and harvesting?

The infrastructure in DNP is much better than in SNT. In this case, we are talking about access to water, electricity, the availability of a road, etc.

In some cases, DNP is a kind of cottage villages where people come to relax from city life.

Agricultural land in SNT and DNP

Land legislation subdivides all land into several types, which include, in particular, agricultural land. This is done to ensure that the sites are used strictly taking into account their specifics.

Agricultural land can be used for horticultural purposes (SNT and DNP) or for summer cottage construction (DNP).

At the same time, for example, dacha construction (DNP) is also possible on the lands of settlements. So what is the difference between these types of land?

Let's start with the fact that the land of a settlement is always located within the city or region. But agricultural land stands apart - often summer cottages are several tens of kilometers away from the city.

But if the dacha was built within the boundaries of the settlement, then this is only a plus: maintenance of the territory by the municipal authorities, the possibility of registration, etc.

That is why many people choose dachas on the lands of settlements.

How to transfer SNT to IZHS

What about those who have purchased a plot in SNT on agricultural land and want to transfer it to individual housing construction? Is this procedure possible?

Theoretically yes. However, in practice, the spokes in the wheels will be put by the municipal authorities, who do not want to get a new homeowner who needs to be served.

In order to transfer land, it is necessary to draw up a petition, which is submitted to the authorized municipal body, for example, the district administration or KUGIZR (the name may vary depending on the region). The following documents are attached to the application:

identity documents of the applicant;
extract from the real estate cadastre;
extract from the EGRP.

In some cases, authorities have the right to request additional papers.

The meaning of the transfer procedure in this case is the attachment of the site to the territory of the settlement. Accordingly, in order to achieve a positive result of his appeal, a citizen must pay attention to the fact that his site is located as close as possible to the settlement.

Based on the results of consideration, an act is issued on the transfer of land from one category to another or a refusal to satisfy the application.

All actions government agencies may be challenged in court.

Now let's turn to practical difficulties. SNT / DNP - what is it? These are land plots for agricultural purposes. Suppose that they are not located on the territory of the settlement, but in the immediate vicinity of it. Accordingly, in order to transfer the site included in the SNT to the lands of settlements (under individual housing construction), it is necessary to change the master plan of the site. This is quite difficult and costly. It is unlikely that the chief architect will do this for the sake of one site.

The legislator does not provide for a refusal to transfer on this basis. However, there is such a variant of refusal as “non-compliance of lands with approved territorial planning documents”. And in this case, it will be difficult to appeal against the decision to refuse to satisfy the transfer application.