It was proposed to change the rules for paying contributions for gardeners and summer residents - Rossiyskaya Gazeta. Company news There will be no more summer residents in Russia

The project protects the rights of more than 60 million land owners.

The main innovation concerns the new procedure for paying membership fees. It is proposed to establish a relationship between the size of the membership fee and the area of ​​the land plot or the total area of ​​the house or cottage and other real estate located on such a land plot. At the same time, contributions are also directed towards the maintenance of the property. common use.

IN explanatory note it is said that the innovation will help maintain a balance of interests of all members of the partnership and will lead to a fair distribution of costs between its members.

The problem of membership fees is one of the most acute in gardening associations, confirmed Vladimir Denisov, Advisor to the Deputy Chairman of the Government of the Moscow Region.

“It’s not entirely correct when the owner of ten acres adds another 30 and pays a fixed price of 1,000 rubles per month, the same as his neighbor, but for four acres,” he says.

It is proposed that the amount of membership fees in partnerships depend on the area of ​​the land plot

As a result, people are fighting among themselves over the costs of maintaining, operating or repairing common property. If the status of contributions is prescribed in federal law, then the norm will be reflected in the charters of partnerships. This will avoid discrepancies, including in litigation regarding the calculation of contributions.

Another amendment relates to the fact that members of partnerships are given the right not only to demand that the chairman of the board familiarize themselves with documents, but also to receive copies of them if necessary. Now the rights and interests of citizens are being violated - documents are being copied with a fight.

According to Denisov, the problems of registering empty plots with the cadastral register will also be solved more easily. Now, according to him, in many partnerships the common land is not registered in the cadastral register. “Suppose the members of the partnership broke up, equipped a children’s playground or beach on an empty plot, but did not draw up the documents. They receive the right to this seemingly ownerless land new owner and in the very first minutes he is faced with the claims of the partnership, the courts begin. “Sooner or later, problems with the design of the boundaries of common areas will arise more and more often,” warns Denisov.

The bill, according to deputies from the faction " United Russia", will be the first step towards a comprehensive review of the provisions of the federal law and involves the introduction of targeted changes to it, affecting exclusively the rules governing the internal activities of gardening, vegetable gardening and dacha non-profit associations of citizens. More fundamental amendments regarding the future prospects of gardeners and gardeners are contained in the bill Ministry of Economic Development. It is currently undergoing examination and, probably, will soon be submitted for public discussion in a single portal for disclosing information by government agencies.

The Institute of Legislation and Comparative Law under the Government of the Russian Federation assessed the document in advance.

In 20 years, the current federal law has become outdated and will be almost completely redrawn, and changes will have to be made to the Land and Town planning codes, approximately five federal laws, experts explain. In particular, it will be necessary to clarify the rules for connecting to electrical networks.

The draft document is primarily aimed at equating gardening partnerships, dacha cooperatives, and associations of gardeners to one form. This is required by the Civil Code. The fact is that now only unions and associations are considered non-profit associations and partnerships. Therefore, the authorities want to leave and legalize one status - gardening partnerships. At the same time, dacha cooperatives, non-profit partnerships and associations will have to, in fact, re-register documents - charters, agreements - in order to fit into the requirements of the law.

In order to do this competently, additional expenses will be required for lawyers and time spent going through the authorities. In this case, inconsistencies in the design of plots and common property will certainly emerge. It is proposed to divide it in shares, and not as joint property.

Innovations will lead to new order provision of land plots. Now, for example, it is different for gardening plots and for dacha cooperatives. If, for example, we equate dacha cooperatives with gardening partnerships, then, according to experts, this can lead to the mass development of cottages “with registration” under the guise of garden plots of agricultural land.

But on garden plots, as proposed in the bill, they want to prohibit the construction of premises of any kind, including sheds for storing shovels. Although now citizens manage to equip summer houses and bathhouses in their gardens. Moreover, vegetable gardens are often located far from home, but for relaxation, overnight stays, and just to wait it out bad weather, you can’t do without shelters in gardens. However, the document remains to be discussed. Its implementation will take more than one year.

What will change for those who have a house on individual housing construction land?

It’s about areas for individual housing construction(Individual Housing Construction) the law does not say anything, but it does have a provision that applies only to gardening or vegetable gardening areas located within the boundaries of populated areas.

Such partnerships, if residential buildings are built on all plots, can change their format to a homeowners' partnership (HOA). After this, their activities will be regulated by other laws (Housing and Civil Codes in the first place).

What has changed in the rules of partnership management?

Firstly, the form of its organization has changed. According to current legislation, it is permissible to create a partnership, partnership or cooperative, and new law provides only for partnership, and prescribes reorganization of all other forms.

The minimum number of land owners who can organize SNT is separately stipulated - at least seven. Also, only individuals can be members of the partnership.

Does the new law allow you not to join a partnership?

Yes, the law being adopted specifically stipulates the terms of interaction between the partnership and the owners of plots located in the same territorial zone, who decided not to join the partnership.

At the same time, they are obliged to pay for the use of the common property of the partnership, its acquisition and repair. The law specifically stipulates that the total amount of fees for those who have not joined the partnership is equal to the total annual amount of target and membership fees. It will not be possible to refuse - the partnership has the right to recover the fee through the court. By current law in order to use the infrastructure and charge fees for it, it was necessary to conclude an agreement between those who did not join the partnership and the partnership itself, which stipulated the amount to be paid, the only limitation being that this amount could not be more than that of the members of the partnership.

In addition, those who have not joined the SNT will not be able to take part in voting on some issues.

Separately, the law stipulates the possibility of joining a partnership for people who are not the owners of the site - for example, tenants. In addition, on the territory intended for gardening or vegetable gardening, it is possible not to organize any partnership at all, but more than one is no longer possible, so there is no longer the possibility of creating two alternative SNTs for one village.

How to pay membership dues under the new law?

The new law significantly reduces the number of contributions that members of the partnership pay. If the current rules allow the payment of entrance, membership, target, share and additional fees, then after the new rules come into force, only membership and shares will remain. The law also stipulates that membership fees cannot be charged more than once a month.

In addition, it establishes what they can be spent on, more specifically: for the maintenance of the common property of the partnership, settlements with resource supply companies (electricity, gas, etc.), fees for garbage removal, improvement of common areas, security, audits partnership, paying salaries to people who work for the partnership (for example, an accountant), organizing general meetings and taxes paid by the partnership. All other expenses are covered by funds received from targeted fees, and the law stipulates the right of each member of the partnership to receive a full report on expenses.

An important point: the new law allows in some cases the possibility of taking contributions from some members of the partnership that differ in size from the rest, if this is due to different volumes of use of common property and (or) the size of the share in the right of common shared ownership.

Is it true that the new law has simplified the approval of wells?

Partially yes, since it makes changes to another law - “On Subsoil”. Under this change, partnerships may not receive a water extraction license until January 1, 2020. It must be remembered that the law itself comes into force only on January 1, 2019, thus, partnerships receive a “water amnesty” for only a year.

But more often than not, there are wells on every site, and this case is no longer covered by the adopted law.

But according to the law of December 29, 2014 No. 459-FZ, which edits the law “On Subsoil”, private owners can extract water for their own needs without obtaining a license, but provided that the extraction is not carried out from the same aquifer as central water supply; no more than 100 cubic meters of water should be extracted per day (that’s 100 thousand liters), and at the same time the water is not extracted for purposes entrepreneurial activity. In principle, for most summer residents these are quite realistic conditions.

Is it now possible to build residential buildings on garden plots?

Yes, you can, although there are restrictions. If the territory in which the SNT is located has urban planning regulations, then any construction is limited by its requirements. However, the law also states that a garden house can be recognized as residential, and a residential house can be recognized as a garden house. Town planning regulations limit the maximum parameters of construction, but for the recognition of a house as residential, this, as a rule, is not so important - the main thing is that capital construction on your site is, in principle, allowed. In order for a room to be recognized as residential, it must meet a number of criteria - for example, it must have electricity, water, heating, and in some cases, gas. The criteria are fully set out in Decree of the Government of the Russian Federation dated January 28, 2006 No. 47.

What else will change a lot now?

One of the important innovations is the term “territory of gardening or vegetable gardening”. The law says that its boundaries are determined by documents territorial planning, that is, if we speak in familiar terms, this is the border of the village.

One of the innovations of the adopted law is that it does not allow more than one partnership to dispose of common property within the boundaries of one such territory. Which, in essence, means that it is no longer possible to create more than one SNT within one village. Whether it will be possible to somehow divide one territory into two is not stated in the law, so this will only be known when the law begins to be applied.

Is it true that DNT and cooperatives were also cancelled?

Yes, but on fairly humane terms. Article 54 of the law states that from the date the law comes into force (which is January 1, 2019) and until the reorganization of DNT into a garden (or vegetable) partnership, the requirements of the new law will apply to the existing structure. No, everything will be the same with them -as before. The law does not provide for a change in the type of permitted use of the site, just if you have land “for dacha construction” - the law also considers it “garden”, that is, the word “garden” in this case is not a type of permitted use, but a unifying term.

Article 1

Introduce into the Federal Law of April 15, 1998 N 66-FZ “On gardening, vegetable gardening and dacha non-profit associations of citizens” (Collection of legislation Russian Federation, 1998, N 16, art. 1801; 2000, N 48, art. 4632; 2002, N 12, art. 1093; 2003, N 50, art. 4855; 2006, N 27, art. 2881; 2007, N 27, art. 3213; 2014, N 26, art. 3377) the following changes:

1) paragraph seven of Article 1 after the words “association for” shall be supplemented with the words “maintenance of property for common use,”;

2) in paragraph 4 of Article 16:

a) add a new paragraph eight with the following content:

"the procedure for establishing the amount of membership fees. This procedure may include, among other things, establishing the amount of the membership fee depending on the area of ​​the land plot of a member of such an association and (or) the total area of ​​real estate owned by him and located on this land plot;";

c) add a new paragraph nineteen and paragraph twentieth with the following content:

“the procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);

the procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association.";

d) paragraphs eighteen and nineteen are considered paragraphs twenty-one and twenty-two, respectively;

3) in article 19:

a) paragraph 1 is supplemented with subparagraph 2 1 as follows:

"2 1) get acquainted with documents related to the activities of the association, provided for in paragraph 3 of Article 27 of this Federal Law, and receive copies of such documents;";

b) paragraph 2 is supplemented with subparagraph 11 1 with the following content:

"11 1) within ten days from the date of termination of the rights to the land plot belonging to him, notify in writing the board of the horticultural, gardening or dacha non-profit association;";

4) Chapter IV should be supplemented with Article 19 1 as follows:

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

1. No later than one month from the date state registration a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.

2. The collection, processing, storage and distribution of information necessary for maintaining the register of members of the association is carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.

3. The register of members of the association must contain:

1) last name, first name, patronymic (if any) of a member of such an association;

2) mailing address and/or address Email, through which messages can be received by a member of such an association;

3) cadastral (conditional) number of the land plot, the owner of which is a member of such an association (after the distribution of land plots between members of the association), and other information provided for by the charter of such an association.

4. A member of the relevant association is obliged to provide reliable information necessary for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information.";

5) paragraph three of paragraph 3 of Article 21 should be stated as follows:

"If it's on the agenda general meeting members of a horticultural, gardening or dacha non-profit association, issues of amending the association’s charter or approving it in new edition, liquidation or reorganization of the association, approval of income and expenditure estimates, board reports and audit commission(auditor) of the association, absentee voting (by poll) on such issues is not allowed, except if the general meeting of members of the association, which was held through the joint presence of members of the association and the agenda of which included the specified issues, did not have the provisions provided for in the seventh paragraph paragraph 2 of this quorum article.";

6) in article 22:

a) paragraph three of clause 2 should be supplemented with the following sentence: “In case of equality of votes, the vote of the chairman of the board is decisive.”;

b) paragraph 3 shall be supplemented with subparagraph 20 with the following content:

"20) maintaining a register of members of the association.";

7) in article 27:

a) paragraph 3 should be stated as follows:

"3. Members of a horticultural, gardening or dacha non-profit association and citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, gardening or dacha non-profit association, upon their request, must be provided for review:

1) the charter of a horticultural, gardening or dacha non-profit association, changes made to the charter, a certificate of registration of the relevant association;

2) accounting (financial) statements of the association, income and expense estimates of the association, a report on the implementation of this estimate;

3) minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized persons), meetings of the board, audit commission (auditor) of the association, commission of the association for monitoring compliance with legislation;

4) documents confirming the voting results at the general meeting of members of a horticultural, gardening or dacha non-profit association, including voting ballots, voting proxies, as well as decisions of members of the association when holding a general meeting in the form of absentee voting;

5) title documents for public property;

6) other internal documents provided for by the charter of a horticultural, gardening or dacha non-profit association of citizens and decisions of the general meeting of members of the association.";

b) add paragraph 4 with the following content:

"4. A gardening, vegetable gardening or dacha non-profit association is obliged to provide a member of the association, a citizen engaged in gardening, horticulture or dacha farming individually on the territory of such an association, upon their request, copies of the documents specified in paragraph 3 of this article. The fee charged by the association for provision of copies cannot exceed the cost of their production. Provision of copies of documents specified in paragraph 3 of this article to the authority local government, on the territory of which such an association is located, to government authorities of the corresponding constituent entity of the Russian Federation, judicial authorities and law enforcement agencies carried out in accordance with their requests in writing."

Article 2

1. Gardening, gardening or dacha non-profit associations of citizens created before the entry into force of this Federal Law are required to create a register of members of the relevant association before June 1, 2017.

2. The charters of horticultural, gardening and dacha non-profit associations of citizens are subject to being brought into compliance with the norms of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and dacha non-profit associations of citizens" (as amended by this Federal Law) upon the first change of constituent documents of such legal entities. When registering these changes made to constituent documents, no state fee is charged.

Article 3

This Federal Law comes into force on the date of its official publication.

President of Russian Federation

Since July 4, horticultural, gardening and dacha non-profit associations of citizens have an obligation to create registers of their members. For the summer residents themselves, the procedure for calculating membership fees and holding meetings will change.

Head of State Vladimir Putin
signed
a law that, according to officials and deputies, will improve legal regulation activities of horticultural, gardening and dacha non-profit associations of citizens.

Register of members of the association

According to approved
document
, horticultural, gardening and dacha non-profit associations of citizens will need to create a register of members of the relevant association by June 1, 2017. New associations of gardeners and vegetable gardeners have been given one month to compile a register of their members.

The following information should be included in the register:

• 
  surname, name, patronymic (if any) of a member of such an association;


• 
  postal address and (or) email address at which messages can be received by a member of such an association;


• 
  cadastral (conditional) number of the land plot, the legal holder of which is a member of such an association (after the distribution of land plots among the members of the association);


• 
  other information provided for by the charter of a particular association.

A member of the association must provide all information about himself independently. Changes must be notified to the board promptly and accurately so that the register of members is maintained without violating the law. Changes made to the association's charter in connection with the adoption of amendments will be registered free of charge.

Membership fee

Another innovation for gardeners and gardeners is the clarification of the rules for establishing the size, collection and expenditure of membership fees. Law No. 337-FZ states that membership fees can be spent on maintaining public property. According to the authors of the document, this will eliminate the possibility of spending general money on the maintenance of land plots that belong to specific members of the association.

In addition, it is stipulated that the area of ​​a land plot of a member of an association and the total area of ​​real estate owned by him and located on such a land plot is reflected in the amount of the membership fee. In this way, a balance will be maintained between the expenses of members of associations and a fair distribution of citizens' costs will be established.

Let us note that the final version of the document did not include the initiative to introduce a fine for late payment of membership fees. It was proposed that the amount of the penalty should be 1/300 of the key rate of the Central Bank of the Russian Federation in effect on the day of actual payment of the amount not paid on time for each day of delay.

New responsibilities of gardening organizations

Amendments to the law on gardening, gardening and dacha non-profit associations of citizens also provide for the expansion of the responsibilities of the associations themselves. In particular, at the request of a member of an association or a citizen engaged in gardening, horticulture or summer cottage farming individually on the territory of such an association, the board must provide copies of certain documents. Among them:

• 
  charter and amendments made to it, certificate of registration of the relevant association;


• 
  accounting (financial) statements of the association, income and expense estimates of the association, report on the implementation of this estimate;


• 
  minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized representatives), meetings of the board, audit commission (auditor) of the association, commission of the association for monitoring compliance with legislation;


• 
  documents confirming the voting results at the general meeting of members of a horticultural, gardening or dacha non-profit association, including voting ballots, voting proxies, as well as decisions of members of the association when holding a general meeting in the form of absentee voting;


• 
  title documents for public property;


• 
  other internal documents provided for by the charter of a horticultural, gardening or dacha non-profit association of citizens and decisions of the general meeting of members of the association.

Another innovation of the document is a ban on absentee voting in the event that the agenda of the general meeting of members of a horticultural, gardening or dacha non-profit association includes issues of amending the charter of the association or approving it in a new edition, liquidation or reorganization of the association, approval of income and expenditure estimates, reports of the board and audit commission (auditor) of the association. The deputies who developed the document are confident that this will make the decision-making process more transparent.

Federal Law “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts Russian Federation" (hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even its name indicates the changes caused by its appearance. 39 previously adopted legislative acts were subject to changes and additions at once. Apparently, for this reason, the date for the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transition period of 5 years from the date of entry into force for the completion of certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law “On gardening, vegetable gardening and dacha non-profit associations of citizens” (in this regard, no longer in force No. 66-FZ), can be considered as an attempt to resolve the situations that have arisen in the “dacha farming” of the country, in which, Somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and vegetable gardeners work for their own benefit, and this, no less, is practically half of the Russian population.

The most painful problems that cause great criticism, as legislators found out when preparing the law, which began in 2014, were the following:

• multiplicity of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all together representing 9 independent legal forms non-profit associations of citizens created to conduct country farming)
• malicious extortions in the form of membership and other types of fees, which are not uncommon for many gardening and dacha partnerships
• past administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on sites that are absolutely suitable for living
• the high cost of drilling and constructing water wells in gardening or in individual areas, the cost of which amounts to impressive amounts (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply, staying at dachas becomes simply unthinkable
• lack of real support from municipalities for existing and emerging new dacha and garden partnerships to provide them with utilities

How does the “horticultural constitution”, rather than the dacha, solve problems?

To understand what changes the new law brought and how it affected the lives of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for running countryside farming

The new law excludes such legal organizational form associations of citizens, as a “dacha non-profit partnership”, in connection with which in the Land, Town Planning, Water, Civil Codes, Housing of the Russian Federation, in the federal laws “On subsoil”, “On non-profit associations”, “On general principles organizations of local self-government in the Russian Federation”, “On state registration of real estate”, “On mortgage (pledge of real estate)”, “On specially protected natural areas”, “On agricultural cooperation” and a number of other laws have already been introduced and will be further amended accordingly changes.

The full use of the concept of dacha partnerships should disappear in 1.5 years, but it is unlikely that the familiar words “dacha” and “summer residents” will disappear from the everyday vocabulary during this time. Well, they are very close. Historically introduced into life since the time of Peter I, who granted his associates for their great services to the Fatherland land for estates in the magnificent surroundings of St. Petersburg, they came into use through the word “dacha,” which meant the action of the king (as a derivative of the verb “to give”).

The new law eliminated the artificially formed and still existing distinction between dacha and gardening partnerships created in accordance with the already mentioned Federal Law “On horticultural, gardening and dacha non-profit associations of citizens” and established only 2 types of legal status of country associations of citizens:

1. gardening non-profit partnerships (SNT)
2. gardening non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A gardening non-profit partnership and a gardening non-profit partnership are types of partnership of real estate owners.

New garden and vegetable plots of land, as before, are formed from the lands of settlements or from agricultural lands. Each garden or vegetable plot of land can be included within the boundaries of only one gardening or vegetable gardening territory.

Gardening or gardening on garden plots located within the boundaries of the partnership territory can be carried out by the owners of the plots in the following organizational and legal forms:

1. with participation in partnerships
2. without participation in partnerships

In accordance with the new law, it is established that a partnership can be formed with a minimum number of members of 7 people (Part 2 of Article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

1. at the claim of a state authority of a constituent entity of the Russian Federation
2. at the request of the local government body at the location of the horticulture or market gardening territory
3. at the claim of the owner or copyright holder of a garden or vegetable plot located within the boundaries of the horticulture or market gardening territory

When a partnership is liquidated, the partnership's common use property (with the exception of common use real estate owned by the partnership and remaining after satisfaction of creditors' claims) is transferred to the owners of plots located within the boundaries of the SNT or ONT territory:

• proportional to their area
• regardless of whether these persons were members of the partnership (clause 1 of Article 28 of the new law)

The law also defines provisions regarding:

1. grounds and procedure for admission to partnership membership
2. rights and obligations of partnership members
3. grounds for termination of membership
4. rights and obligations of the management body of the partnership

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are made by a qualified majority of at least 2/3 of the votes of the total number of members of the partnership present at the general meeting.

The governing body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

1. chairman representing the sole executive body
2. the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but no more than 5% of the number of members of the partnership, which not only creates a certain convenience in the “controllability” of the board itself by the members of the partnership, but also reduces the size of the membership contributions for the maintenance of a board with a reduced number of members
3. audit commission (auditor), reporting to the general meeting of members of the partnership

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years, and not for 2 years, as now and until January 1, 2019. Despite the noticeably longer term of its powers, by decision of the general meeting of members of the partnership, the chairman or negligent members of the board can be removed for shoddy work and re-elect at any time due.

A meeting of the board of a partnership is valid if at least half of its members are present. Decisions of the board of the partnership are made by open voting by a simple majority of votes of the present members of the board. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT on HOA

By decision of the general meeting of SNT members, owners of garden plots have the right to change existing look associations of homeowners' associations (HOAs). The organizational and legal form of the partnership of real estate owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:

1. the gardening area is located within the boundaries of the settlement
2. residential buildings are located on all garden plots located within the boundaries of the gardening territory

Changing the type of gardening non-profit partnership (SNT) to a homeowners' partnership (HOA) is not considered a reorganization (clause 2 of Article 27 of the new law).

Possibility of changing SNT or ONT to another type of partnership activity

A gardening or vegetable gardening non-profit partnership can change its type of activity, again by decision of the general meeting:

1. for production, processing and marketing of crop products
2. other activities not related to gardening and vegetable farming and allowing the creation of a consumer cooperative

The creation of a production cooperative is a reorganization of the previous organizational and legal form of SNT or ONT (clause 1 of Article 27 of the new law), and therefore requires amendments to the Unified State Register of Real Estate.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transition period, which will last 5 years, that is, until January 1, 2024, the new law established the following provisions:

• DNP, dacha cooperatives, dacha farms, gardening partnerships and other non-profit organizations of citizens created before January 1, 2019 do not need to be reorganized
• From January 1, 2019, the requirements of the new law will be applied to all previously created horticultural or dacha non-profit partnerships, as well as gardening non-profit partnerships, even before their charters are brought into compliance with the new law:
  1. or in accordance with the provisions on horticultural non-profit partnerships
  2. or in accordance with the provisions on gardening non-profit partnerships
• The introduction of the constituent documents of gardening or dacha non-profit partnerships and gardening non-profit partnerships created before the introduction of the new law is carried out after the new law comes into force through the introduction of amendments:
  1. in the constituent documents (title, charter and other documents) and registration of these changes in the Unified State Register of Real Estate
  2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties
  3. changing names does not require changes to title and other documents containing their previous names
• Buildings on garden plots registered in the Unified State Register of Real Estate before January 1, 2019 with the designation “residential” or “residential building” are recognized as residential buildings:
  1. replacement of previously issued documents with those registered in the Unified State Register until January 1. 2019 buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of real estate objects are not required
  2. Replacement of documents and names of buildings can be carried out at the request of the copyright holders of real estate objects
• Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the Unified State Register of Real Estate before 1.01. 2019, recognized as garden houses:
  1. replacement of previously issued documents with those registered in the Unified State Register until January 1. 2019, the specified buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of objects are not required
  2. replacement of documents and names of listed buildings can be carried out at the request of their copyright holders

Register of partnership members

The distribution of plots between members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and vegetable plots of land that are in state or municipal ownership are provided to citizens as property free of charge in cases established federal laws, laws of the constituent entities of the Russian Federation.

The register of partnership members must be formed within 1 month from the date of state registration of SNT or ONT in the Unified State Register of Real Estate (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of members of the partnership contains the following information:

1. about the members of the partnership
2. cadastral (conditional) number of each land plot, the owner of which is a member of SNT or ONT (after the distribution of land plots between members of the partnership)

Members of the partnership are required to provide reliable information necessary for maintaining the register and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with common infrastructure and one common area on the same territory. In other words, a garden partnership cannot appear within a garden partnership.

The purpose of introducing this principle is quite obvious:

1. eliminating situations of “pulling” advantages in the use, for example, of a transformer booth owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships
2. establishment of legal relationships between partnerships for the use of engineering infrastructure and public areas
3. management of common property within the boundaries of the gardening or vegetable farming territory can be carried out by only one partnership

Since the entry into force of the new law, owners of garden or vegetable plots of land located within the boundaries of the territory of SNT or ONT have the right to create only one gardening or vegetable gardening non-profit association. Its boundaries must be determined in accordance with the territory planning documentation:

• documentation on the planning of the territory, before its approval by the municipal authorities, must be approved by a decision of the general meeting of members of the partnership
• preparation and approval of a territory planning project for a gardening partnership is not required, but the establishment of boundaries of garden land plots and the formation of garden land plots and land plots general purpose within the boundaries of the ONT territory are carried out in accordance with the approved territory surveying project

When preparing documentation on territory planning for a partnership, the boundaries of the gardening or market gardening territory include land plots that simultaneously meet the following requirements:

1. the plots are owned by the founders of the partnership
2. the plots constitute a single, inextricable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality

When forming new gardens and vegetable gardens and preparing documentation for the planning of their territory, the boundaries of their territories also include:

1. plots that are state or municipally owned and not provided to citizens and legal entities (their total area must be at least 20% and no more than 25% of the total area of ​​garden or vegetable plots of land falling within the boundaries of the horticulture or vegetable gardening territory)
2. plots and territories of public use, defined in accordance with land legislation and legislation on urban planning activities(the formation of general purpose land plots is carried out in accordance with the approved territory surveying project)

It is prohibited to establish boundaries of gardening or vegetable gardening territories that limit or terminate free access from other land plots to public areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the gardening or truck farming territory and owned by the members of the partnership.

General use property located within the boundaries of the territories of horticultural or gardening associations includes real estate that simultaneously meets the following 2 conditions:

1. property created or acquired after the entry into force of the new law
2. this property belongs to the owners of land plots on the right of common shared ownership in proportion to the areas of their plots

Such property, represented by objects capital construction and general purpose land, used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

1. passages and passages to the territory
2. supply of thermal and electrical energy, water, gas
3. drainage
4. security
5. collection of municipal solid waste and other needs
6. movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership

General purpose land plots related to public property are formed during the development of documentation for the planning of a gardening or vegetable farming area.

The rights holders of land plots located within the boundaries of the horticulture or market gardening territory use general purpose land plots for access and access to their land plots on the following conditions:

1. free
2. no charge

No one has the right to restrict the access of plot right holders to their land plots.

The main goals of creating public property by the new law include:

1. use by all right holders of land plots located within the boundaries of the territory of SNT or ONT for their own needs
2. placement of other common property on public areas (for example, sports or children's playgrounds, their equipment, etc.)

The common use property of SNT or ONT may also belong to the partnership on the right of ownership or other right permitted by civil law.

After registering a partnership in the Unified State Register of Real Estate, the right holders of the plots included in it can, at a general meeting with the presence of 100% of the members of SNT or ONT, decide on the desire to acquire shares in common property as a property, free of charge and without allocating a share in kind.

After registration in the Unified State Register of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of SNT or ONT, public property can be transferred free of charge to a municipality or into state ownership of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

1. the general meeting of the partnership members made a decision on the transfer of property
2. property, by law, can be in state or municipal ownership
3. there is the consent of all owners of garden plots, who have formalized the right of common shared ownership of common property for its transfer to the municipality or into state ownership

Immovable property of common use owned by the partnership cannot be foreclosed on. In the event of liquidation of the partnership, such property is transferred free of charge into the common shared ownership of the owners of garden or vegetable plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (clause 2 of Article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden plots, accompanied by a transfer of ownership of these real estate objects, a share in the right common property for common use property is transferred from the previous owner to the new owner.

The owner of a share in the right of common ownership of property of common use does not have the right:

1. alienate a share separately from the ownership of your garden plot
2. perform actions entailing the transfer of a share separately from the ownership of one’s own garden or vegetable plot

The terms of the agreement under which the subject of the transaction is:

1. transfer of ownership of a garden or vegetable plot of land without transfer of a share in the right of common ownership of common property
2. transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or vegetable plot of land

are void (if the owner of the garden or vegetable plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of SNT or ONT in the bank to the current account of the partnership (Article 14 of the new law):

1. membership
2. targeted

You will not have to pay an entry fee.

The lists of tasks on which contributions can be spent are limited. Thus, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

1. with the maintenance of the partnership’s common property, including the payment of rental payments for this property
2. with settlements with supplying organizations - suppliers of heat and electricity, water, gas, wastewater disposal on the basis of agreements concluded with these organizations
3. with settlements with the operator for the management of municipal solid waste on the basis of agreements concluded by the partnership with these organizations
4. with landscaping for general purposes
5. with the protection of the gardening or market gardening territory and ensuring fire safety within the boundaries of such territory,
6. with conducting audits of the partnership
7. with payment wages members of the board with whom the partnership has concluded employment contracts
8. with the organization and holding of general meetings of members of the partnership, with the implementation of the decisions of these meetings
9. with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees

As for targeted contributions, the possibilities for spending them are more varied. They are associated with the following tasks:

1. with the preparation of documents necessary for the formation of a land plot located in state or municipal ownership, for the purpose of further provision of such a land plot to the partnership
2. with the preparation of documentation for planning the territory of gardening or vegetable gardening
3. with carrying out cadastral work to enter into the Unified State Register of Information about garden or vegetable plots of land, general purpose land plots, and other real estate objects related to public property
4. with the creation or acquisition of common use property necessary for the activities of the partnership
5. with the implementation of activities planned by the decision of the general meeting of members of the partnership

The total annual fee will be equal to the sum of the annual target and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from the SNT or ONT member in court.

Those individual gardeners and gardeners who did not want to become members of SNT or ONT are now required to pay fees on the same basis as members of partnerships (Article 5 of the new law). Failure to pay is fraught with the same consequences as for members of SNT or ONT. This reveals one of the differences between the new law and the previously existing law on summer residents, which allowed individuals to make payments for the use of various resources (electricity, water, gas, if supplied, as well as for garbage removal and security) in an amount less than that of members partnership, and not pay contributions to the salaries of the chairman and members of the board of SNT or ONT. Under the new law, individuals now have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and amount of contributions. No, as before, only the right to participate in the elections of the chairman and members of the board.

The charter of SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

1. different volume of use of common property depending on the size of the garden or vegetable plot of land
2. the total area of ​​real estate objects located on such a land plot
3. the size of the share in the right of common shared ownership of a land plot or real estate objects located on it

In general, the amount of contributions is determined on the basis of the partnership’s income and expense budget and financial and economic feasibility study approved by the general meeting of the partnership’s members. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as failure to pay contributions, entails their collection in court.

What is allowed to build on garden and vegetable plots?

The result of consideration of numerous comments and amendments received during the discussion of the bill was significant changes reflected in the law.

Let us note once again the main provisions of the law:

• Now there will be only 2 types of country partnerships:
  1. horticultural
  2. gardening
• All partnerships will have to undergo re-registration and decide what type they belong to:
  1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership
  2. based on the results of the general meeting, submit a corresponding application to Rosreestr

contributions to new SNT and ONT:

1. contributions can be of only 2 types - membership and targeted
2. there will be no entry fees
3. contributions must be transferred to the current account of the partnership,
4. Cash contributions are not allowed
5. the amount of membership and target fees is determined on the basis of a financial and economic feasibility study approved by the general meeting of members of the partnership
• minimum number of partnership members - 7
• the chairman can now be elected for 5 years, and not 2 as before, and an unlimited number of times, and in order to “overthrow” him, you need to hold an extraordinary general meeting at the request of no less than 1/5 of the total number of members of the partnership

• members of the board of directors of the partnership and their relatives cannot be included in the audit commission

  Partnership documents must be kept for 49 years

  members of the partnership have the right to familiarize themselves with the financial statements

  if copies of any documents are needed, then members of the partnership can obtain them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge

• members of the partnership are obliged to comply with decisions not only of the general meeting, but also decisions made by the chairman of the partnership and the board of the partnership
• the concept of “residential house” was introduced, excluding the definitions “dacha”, “dacha house”, “dacha farm” - this was done in order to prevent legal uncertainties
• a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential house can be transferred to a garden house (for example, to reduce property taxes), but in this case it will be necessary to justify one or another degree of capital of the garden or residential building , in accordance with established requirements and rules
• Capital buildings cannot be erected on garden plots - only temporary garden houses that are not real estate can be erected on them
• The difference between gardeners and vegetable gardeners, according to the new law:
  1. gardeners can build residential buildings on the site and register in them
  2. gardeners can only build garden houses for seasonal living
• if the majority of the members of the partnership wish to become gardeners, then demolition of already built full-fledged residential buildings (not seasonal) will not be necessary, but at the time the law comes into force, ownership of the buildings must be registered
• if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses
• owners of plots with unregistered buildings need to know that in the near future it is planned to legislatively establish a tax on land that is five times higher - in this regard, a corresponding bill is being developed (on amending the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered buildings are located, multiplied by a certain coefficient)
• it has been established that the maximum area of ​​public land (including land plots along which roads are laid and power poles are located, necessary for the installation of a transformer, a garbage dump, a board house, a children's playground, the organization of public spaces between fences where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area occupied by all personal land plots combined
• common use property belongs to the members of the partnership on the right of shared ownership in proportion to the area of ​​their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners this tax situation will probably please, but the joy will be relative, since their taxes will still increase, since they will still have to pay for their share of the collective property
• It is allowed to carry out gardening and vegetable gardening without forming a legal entity, and if the owners of land plots wish to be members of a partnership, they are offered such an opportunity by law (both for land owners and for citizens who have the rights to perpetual use or lease of land plots)
• powers and responsibilities are specified non-profit organizations created for gardening, vegetable gardening and summer cottage farming:
  1. for the convenience of voting, in-person and absentee forms of holding general meetings of members of the partnership are being introduced
  2. the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the gratuitous transfer of part of the property for common use ( car roads, power grid facilities, water supply, communications and other facilities) into state or municipal ownership - in other words, collective property, according to the new law, can not be divided into shares, but given entirely to some legal entity (for example, transfer a transformer and networks energy company, and roads - to the municipal authorities), and such a solution can become very expedient, since the members of the partnership are relieved of the burden of maintaining and repairing their collective property
  3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, but he will still use the common property (electricity, road, garbage dump) and pay for it the same amount as the members, having only lost the right to vote at the general meeting
• the concept of “borders of the territory of the partnership” has been refined: it has been replaced by “the territory of gardening or vegetable gardening by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of gardening or vegetable gardening
• the definition of the concept of “common property” has been specified, possible types and purposes of using such property have been established, which will reduce the risk of the emergence of property in partnerships that is not related to its activities
• for persons who are legal holders of land plots, but have not entered into a partnership, the following are provided:
  1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on managing such property in amounts equal to those established for members of the partnership
  2. the right to use common property located within the boundaries of the territory of gardening or vegetable farming, equally and to the extent established for members of the partnership
  3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of common property
• in relation to associations created before the adoption of the law and which are the owners of property in common use, the transitional provisions provide for the obligation, before January 1, 2024, to submit for consideration to the general meeting of members of the partnership the issue of transferring such property into the common shared ownership of land owners
• The procedure for licensing wells of partnerships has been simplified - the requirement for their compulsory licensing comes into effect on January 1, 2020 (an article is introduced into the Law “On Subsoil” that establishes the norms for the extraction of groundwater by horticultural enterprises and organizations have the right to conduct extraction for the purposes of domestic water supply until January 1, 2020 without obtaining a license to use subsoil)

The merit of the new law is its desire to respect the rights of both those gardeners who do not want to be members of gardening associations, and those who are supporters of this form of farming. The law has become a document not about legal entities, but about the relationships between citizens who run gardening and vegetable farming. It is planned to come into force on January 1, 2019. Until this moment, gardeners, summer residents and gardeners will be in a transitional period, adapting to the new rules.

The heated discussion of the bill in the final third reading in the State Duma is evidenced by this video material:

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