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There are more than 60 million summer residents registered in the Russian Federation, 78 thousand of whom are members of non-profit organizations.
The new law on dachas was adopted to regulate relations that arise in the process of citizens conducting gardening and vegetable gardening for personal purposes. In accordance with the provisions of the law, citizens of the Russian Federation have the right to garden in their dachas without creating partnerships.
The law describes the rights and obligations of members of dacha partnerships, as well as the scope of their activities. Read more about the new changes related to dacha activities in the article.
What to do with abandoned plots in SNT
Stage 2. Study the information received contained in the extract from the Unified State Register of Real Estate.
A simple extract from the Unified State Register will show who is the owner of the land plot and from when. From the extended extract you can find out the transfer of ownership rights and other information.
What to do with abandoned plots in SNT?
Stage 1. Order a simple or extended extract from the Unified State Register of Real Estate
(unified state register of real estate). This information is public, so knowing the cadastral number of the plot, any individual can receive it.
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The chairman is elected at the general meeting. But he does not have the right to certify powers of attorney for voting rights. The board is not allowed to be from among its own members. Payment of membership fees is carried out only through bank transfer. Unlawful extortions in the form of payments for unknown purposes will now be excluded. No one has the right to receive funds in their hands.
For the second type (gardening), it is possible to build a small shed where you can store agricultural tools or vegetable products. The construction of a residential building (house, cottage, dacha) is prohibited. The vegetable garden is intended for growing vegetables, fruits and berries, and flowers.
Where are membership fees spent?
Fruit trees, vegetables, berries, and melons are planted in the garden plot. A residential building, a garden house, and a summer kitchen are being built on it (with permission). The same things are grown on the garden land, except for planting fruit trees. It is not possible to build a fundamental structure on it, but it is allowed to erect a temporary shelter, a panel house, or an outbuilding for storing equipment.
- making a decision on the status of the organization exclusively by the general meeting during voting;
- payment of land tax within the established area by each member of the organization;
- granting members of the SNT the right to build an individual residential building on the entrusted site;
- eliminating the payment formerly known as the entry fee;
- making a targeted contribution for the purchase of specialized equipment, as well as membership fees for a certain period of time;
- introduction of restrictions on the minimum number of members of the organization;
- election of a chairman and vesting him with certain powers for a period of 5 years;
- storage of documentation for 49 years;
- providing each member of the organization with the right to familiarize themselves with the financial statements of SNT at any time;
- issuing a copy of the requested documents free of charge upon presentation to the government agency;
- issuing copies of documents for a fee when using them for personal purposes. The amount of the fee should be approved by the general meeting of members of the organization;
- deprivation of the right to vote at a general meeting for non-payment of fees for 2 months in a row (the ability to use infrastructure facilities is retained);
- registration of shared ownership within the territory occupied by a member of the SNT.
Changes in the law on summer cottages
The Russian State Duma adopted a new law on dacha plots. The decision was made in the spring of 2020. The new law will come into force in January 2020. Deputies give summer residents 5 years to re-register documents according to the new rules.
At the moment, several legal entities and partnerships can be registered on the territory of one summer cottage. According to the new law, summer residents must clearly divide the boundaries of the gardening partnership.
one territory = one partnership
By the way, you can download Federal Law 66 on gardening partnerships in the latest edition here:
The issue of payment made by gardeners who did not want to join a gardeners' partnership was also subject to changes. Citizens who do not join the gardening community believe that they should not pay for anything except:
- Sveta;
- water;
- gas.
The Russian government thinks differently: payments should be the same for everyone. Members of the partnership and individual gardeners will be required to pay all prescribed fees for the use of the site once a year.
Based on the new law, the rights of individual summer residents are expanded. Now they can:
- participate in partnership meetings;
- vote on issues related to annual contributions.
But despite the new rights, private owners do not have the right to vote in elections of board members.
After the adoption of the new law, such a concept as “dacha residents” loses its legal significance. The concept of “dacha partnership” is being replaced by vegetable gardening and gardening. The difference between them is also indicated in the law:
- gardening community - it is possible to build residential buildings for permanent residence;
- gardening community - created for growing vegetables and fruits. On their territory it is possible to erect temporary buildings necessary for effective cultivation.
Also, thanks to the amendments, the water supply procedure in the areas is simplified. In order to dig a well for individual needs, you do not need to request permission from the partnership. The state proposes to drill a well for:
- domestic water supply;
- geological study of the site;
- study of minerals;
- use of scientific information.
The procedure for constructing a building at the dacha
The law on dacha construction allows the construction of a residential building only on garden plots. On their territories it is permitted to build:
- permanent residential building;
- garage;
- outbuildings;
- baths;
- sheds;
- awnings;
- greenhouses;
- gazebos and other structures.
For each of the above listed structures, a citizen can register ownership. In 2020, the registration process has become much simpler. Real estate with an area of up to 50 square meters does not need to be registered. To register, the owner needs a technical plan, the cost of which starts from ten thousand rubles, and a receipt for payment of the state fee. The state duty is 400 rubles.
Read the Rules for exchange and return of jewelry according to the law
Important! Each owner is required to pay taxes for each registered property.
SNiP stipulates the rules for constructing a building at a dacha:
Rule 1. The building must be located at a distance of 3 meters from the neighbor’s fence.
Rule 2. The building should not go beyond the “red line”. This concept is used to denote the boundaries between public and private territory. If a summer resident wants to build a house near the road, then the distance should be 3 meters. And if the future building will be erected on a straight street, then the distance to the red line should be 5 meters.
Rule 3.
The following distance must be maintained between constructed houses:
- two wooden houses - 15 meters;
- if houses have wooden floors - 8 meters;
- There should be a distance of at least 10 meters between the stone and wooden wood.
An important point is that in the event of a fire, all buildings must be at a safe distance from each other.
Rule 4 . The percentage of buildings on the site should not exceed 30%.
Important! The building must fully comply with fire requirements. If violations are discovered by the Ministry of Emergency Situations, a construction permit will not be issued.
The procedure for constructing a building on the site
Any construction on the site must begin with the construction of a fence. This is the border between the areas. The fence can be:
- lattice;
- mesh.
The height of the fence should start from 1.5 cm. Also, the minimum height for the basement is 2.2 meters.
After erecting a building on the site, the owner must check:
- the presence of a modernized meter for calculating energy consumption;
- correctness of the installed drain. If your water gets to your neighbor, this may lead to serious proceedings;
- absence of gas cylinders on the site.
Principles that must be followed to effectively resolve issues that arise at the dacha site:
- build buildings on topography predisposing to this;
- It is best to place a shower, garage, greenhouse and other necessary buildings near a residential building;
- buildings on the site must be located in such a way that in case of strong wind or rain they protect the territory;
- planning the shortest distance from one building to another and more.
SNT in 2020
The existence of SNT is supported by a series of payments known as membership and target fees. Before the new bill came into force, funds were handed over to the chairman, who distributed them among individual expense items and made all types of settlements with counterparties. Starting this year, every gardening partnership must open a special bank account and carry out all types of financial transactions non-cash. These include:
We recommend reading: When selling an apartment, what amount is not taxed in 2020
Law on SNT of January 1, 2020
- re-registration of title documents for the use of land until 2020;
- creation of new SNT on the lands of settlements and agricultural areas;
- introducing amendments to the existing charter of SNT (including the adoption of its new edition);
- registration of ownership of a residential building located on a summer cottage (this option is available to summer residents until March 1, 2020).
My neighbors at the dacha have not demarcated the site, do not pay fees for garbage removal and do not even show up. I thought that there were no owners at all, and I asked the district administration to allocate this land to me through an auction. But it turned out that it had already been allocated to a certain citizen in 1993. I found her and she stated that she sold the property 15 years ago.
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00:08 — May 20, 2017
In the interests of national heritage
How did the country houses of war veterans hinder Gazprom - report by Lenta.ru
Next, a course has been taken to bring country houses to the standards of individual housing construction (IHC). Let’s take any district of the Moscow region: Serpukhov, Pavlovo-Posad, Orekhovo-Zuevsky... These are rural areas where the distance of dacha villages and associations from the regional center is 30-40 kilometers or more. And they are going to transfer them to the rules of individual housing construction. And who will provide the infrastructure for these houses and owners? My relatives built a winter residential building in the Orekhovo-Zuevsky district, provided autonomous water supply, equipped it with a meter, and so on. But not every gardener, especially an elderly person, can provide all this for himself. Many of them arrive at the end of April and leave in October, because it is impossible to live in the house in winter. They use portable washbasins, heat their houses with wood, and take water from a well. They do not pass the criteria for individual housing construction. There are gardening partnerships where, God forbid, one fifth of the houses correspond to them. The majority of partnerships do not have such houses and never will. With a pension of 15-20 thousand - how will they provide their housing according to these standards? Not a ruble is returned to them from taxes for infrastructure. No deputy corps of any district allows gardeners to participate in the distribution of the budget. If this law stipulated that, say, until 2024, local governments would be obliged to create conditions for gardeners for permanent residence according to individual housing construction standards - but there is nothing about that! The old law stated that local officials have the right
provide gardening partnerships with the necessary infrastructure, but in practice they cynically said: here (in SNT) half are Muscovites, why are we going to spend from our treasury on them? And this despite the fact that these Muscovites paid taxes to the local budget.
Photo: Mikhail Mordasov / RIA Novosti
That is, in fact, the entire infrastructure will continue to be farmed out to dacha communities?
There are intentions to transfer this to local governments. But they don't need it. They have no money all their lives - either they steal, or the area simply does not produce anything. For example, in the Pavlovo Posad region only the service sector and trade operate. Now everything is done at the expense of the gardeners themselves. Trees have knocked down power lines in a hurricane - targeted contributions are being collected urgently. The money can actually accumulate in the millions, and nowhere in the new law are these things stipulated. Previously, Moscow allocated money to communities in some areas, especially to veterans’ associations. Now nothing.
