Registration of ownership of a plot in SNT

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Published: 12/18/2017

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A garden plot is land allocated for planting berries, vegetables and fruit crops, as well as for the construction of outbuildings or a garden house (capital construction is prohibited here). Usually, plots from the agricultural fund in a favorable ecological environment and with good soil fertility are allocated for gardening.

• The procedure for registering land ownership
• Registration procedure
• Registration of property rights through the court

Such land plots are usually located on the territory of gardening partnerships (GNT). These are associations of citizens created on a voluntary basis to solve various agricultural problems that gardeners cannot solve alone (for example, laying a road or power line). Plots in SNT may belong to the municipality, partnership or gardeners. SNTs can purchase plots of common property using membership fees from gardeners.

Gardeners can use land for gardening for various reasons (Articles 15,20-22 of the Land Code):

• property;
• rent;
• the right of lifelong ownership or perpetual use, secured by the state.

The procedure for registering land plots as property is regulated by: the Civil and Land Code, Federal Law No. 218 on state registration of real estate and Federal Law No. 66 on gardening partnerships.

Violetta Kolosova, a lawyer at the legal service “Unified Defense Center” (edin.center), answers:

The land plot located in SNT will remain your property.
After SNT is liquidated, houses, land plots and other real estate located on these plots will even have the same address. But with public lands it will be necessary to resolve the issue separately, since, according to Part 1 of Art. 28 of the Federal Law “On the conduct of gardening and vegetable gardening by citizens for their own needs...”, after the liquidation of SNT, they become the shared property of the owners of the land plots. And you, as a co-owner of public lands, will be obliged to clean roads, remove garbage, etc. To avoid this, before the liquidation takes place, you need to organize the transfer of public lands to municipal ownership in accordance with clause 8 of Art. 25 of the Law on Horticulture. Then the municipality will be required to do all the specified actions to maintain this property. Which payments to SNT are mandatory and which are not?

What should I know when buying a dacha in SNT?

How do individual housing construction lands differ from SNT lands?

Greater freedom of action and the permissibility of creativity during construction is due to the fact that on SNT lands there are no town planning regulations , which are mandatory for individual housing construction lands (individual housing construction). Accordingly, construction documentation by the rights holders of plots in SNT is not approved by the architectural department of the administration, as is the case with individual housing construction, but is agreed upon by the board of the cooperative.

Plots for individual housing construction are always located in the zone of a populated area and belong to the category of settlement land. Accordingly, the requirements for building a house are mandatory here, but resolutions for cultivating the local area for planting a garden or vegetable garden are not covered. In SNT, on the contrary, the owners are not obliged to carry out construction work on the site. That is, the building may not be built here.

In addition to what is indicated , it should be understood that these types of land belong to different forms of ownership. Land plots for individual housing construction can be issued:

1. for rent from the city with or without subsequent privatization;
2. into the property.

But this is always individual property, while in SNT the lands are always registered as joint ownership with the allocation of shares in the form of a separate plot.

Nikolai Yablokov, head of the department of JSC Property Fund of St. Petersburg, answers:

The question is not entirely correctly formulated, since the administration of a city (settlement or other locality) cannot liquidate real estate owners' associations (RTN), of which SNT is a type. This can only be done by a general meeting of the partnership, as well as its reorganization (in accordance with 217-FZ of July 29, 2017).

Most likely, we are talking about the inclusion of the SNT territory within the boundaries of the settlement, respectively, about changing the category of land from agricultural lands to settlement lands and the subsequent reorganization of the SNT into a HOA (as one of the possible options). At the same time, changing the type of a gardening non-profit partnership to a homeowners' partnership does not constitute its reorganization. There should be no deterioration in the living and farming conditions for the owners.

Another possible option: if, according to the PZZ of the locality in which SNT is located, the territory is classified as a development zone for individual residential buildings, then at a general meeting of SNT members a decision may be made on its liquidation and the transfer of lands that are in common shared ownership of the members SNT (roads, driveways and other things), the property of the settlement. Then every former gardener will become the owner of an individual housing construction site. The advantages of this option: the responsibility for cleaning, sanitary maintenance, street lighting, etc. falls on the administration. Disadvantages: each owner will have to independently enter into contracts for electricity, water supply, garbage removal, etc.

Am I required to join SNT?

Is it possible to keep poultry and pigs on 4 acres?

Creation of SNT

A garden partnership is a non-profit association voluntarily created by people who have purchased a plot of land in a specific area intended for growing a garden, vegetable garden and building a summer house. To join a partnership, it is enough to own such a plot, to use it under a lease agreement, or to be its founder, as well as to have a desire to become a participant in this partnership.

First, you need to choose the organizational and legal form of the future business entity. In our case, we will talk about SNT, although the work of non-profit associations with a different abbreviation is subject to the norms of the same laws.

Having decided on the OPF of a non-profit organization, a meeting should be held among the participants of the partnership, which should be open. At this meeting, a number of organizational issues are resolved and voting is held, based on the results of which a decision is made on:

• creation of a garden partnership;
• approval of the previously drawn up Charter;
• election to the SNT of the chairman and members of the board, as well as the audit commission;
• other issues.

All details of the meeting are recorded by the secretary in the minutes.

Federal Law No. 66 limits the terms of election of SNT participants:

ABA-Consulting lawyer Olga Zerkal (Warsaw) answers:

If your plot is your property and the ownership of this plot is registered in accordance with the procedure established by law, then significant changes in your life will not happen: you will use it as you used it.

If, since the time you were allocated six “Soviet” acres of land (even before the Land Code of the Russian Federation came into force), you have not bothered to register your ownership of this plot, then after the liquidation of SNT your plot will become municipal property and there is a real risk of losing it .

Although the elimination of SNT is a very rare, if not unique, phenomenon. During my 15 years of legal practice, I have not seen a single procedure for liquidating SNT. The whole point is that making a decision on the liquidation of SNT falls under the prerogative of the general meeting of SNT members. And the members of the partnership will never vote for its liquidation, because they understand (at least they should understand) that this decision will greatly complicate their lives in organizational and everyday terms (the simplest everyday issues become problematic, such as: the use of access roads, the provision of country houses electricity, water supply and sanitation, garbage removal, etc.).

However, if there is a real threat of liquidation of the SNT, within the boundaries of which your land plot is located, then hurry to register it in the cadastral register and register ownership.

Do I have to pay fees if I have not entered into an agreement with SNT?

Do I need to pay contributions to SNT if I own the land?

Special cases

Citizens who have a plot of land for gardening and have joined the corresponding partnership have the right not to register this association. In this case, the rights of the participants are not protected by the laws applicable to gardening partnerships.

If a gardening association was formed with funds received from its participants voluntarily as membership fees, registration in this case will be handled by Rosreestr.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Registration may be refused by the employee conducting this procedure, and the opportunity to resubmit documents is provided after a month. Failure occurs for a number of reasons:

1. The employee receiving the package of documents discovered inaccuracies or errors.
2. The legal deadline for filing an application for registration has expired.
3. Lack of a decision by the judicial authorities on a third party’s claim regarding the activities of the garden association or its reorganization.
4. The financial statements were prepared with errors.
5. Not all founders of the partnership agreed to register this business entity.
6. The wrong branch of the body responsible for this procedure was selected for registration.
7. The gardening partnership does not have founders, board members or participants.

The decision to refuse registration must be sent to the applicant no later than one day from the moment of discovery of inconsistencies. This decision is subject to appeal on the basis of Federal Law No. 129 within no more than three months as soon as it was served on the applicant.

How issues are resolved

The main governing body of the SNT is the general meeting of its members. The issue of payment of contributions, how targeted contributions to SNT will be spent, is also resolved at the OS. Membership fees allow the formation of a general budget, from which funds are spent on solving common problems.

Gardeners should approach financial issues responsibly, because they are the ones that most often become the subject of disputes, conflicts, heated discussions, and suspicions.

Judicial practice is familiar with cases that involve abuse of power by some members of gardening partnerships and their leadership:

• The law establishes a requirement according to which the general meeting must determine how contributions are paid and in what amount. Neither the members of the SNT board nor its chairman have the right to independently determine the amount of transfers for general needs.
• If members of a partnership encounter such a phenomenon, they should not condone such arbitrariness and violation of the law.
• The money collected through contributions is also spent taking into account the collective decision at the general meeting.
• When the chairman sees an urgent need for additional expenses to solve common problems, he must notify other members of the SNT.
• Management can inform the team about the need to increase contributions . For this purpose, a general meeting is convened and a financial and economic justification for the size of the increase in contributions is provided. If SNT members agree with the arguments, they will give more money to general needs.
• Accounting for the finances of the partnership must be kept professionally, with a report on each item of income and expense. If one of the gardeners is interested in a receipt for payment for certain works, services, materials, he has the right to request it for review.

Public lands in SNT

Advice from lawyers:

1. Can I buy public land from SNT?

1.1. To begin with, find out whether SNT is the owner of the land plot (order an extract from the Unified State Register of Real Estate from Rosreestr). The required land plot may well be in municipal or federal ownership. If the land is not owned by SNT, it has no right to sell it. In general, in accordance with Art. 22 of the Federal Law of July 29, 2017 N 217-FZ (as amended on August 3, 2018) “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”, the distribution of land plots between members of the partnership is carried out on the basis decisions of the general meeting of members of the partnership according to the register of members of the partnership. The conventional numbers of such plots are indicated in the register of members of the partnership and the territory surveying project.

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Consultation on your issue

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2. The chairman of the SNT leases public lands. Legal?

2.1. Hello, regarding your question, you need to study the legal documents for your SNT, namely the Charter, minutes of meetings. Good luck.

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3. What laws does a citizen violate by littering public lands in the SNT?

3.1. Hello! Please clarify your question in more detail.

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4. Is it possible to alienate part of a gardener’s non-privatized plot of land into public land?

4.1. Good evening, if they do not belong to anyone, then it is possible, but if the land is not registered in the cadastral register, it is better to file a lawsuit to recognize the ownership of the land by the right of acquisitive prescription.

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5. I want to rent part of the PDO. Public lands in SNT belong to “members of SNT “...” according to the list.” Is 100% consent of SNT members required to conclude a lease agreement or is a decision of the General Meeting sufficient?

5.1. See internal documents of SNT itself. Legislation does not directly regulate this issue.

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6. In SNT, outside my property, along my fence there is a ditch and a public road. The ditch is common in SNT. At the expense of SNT members, I want to lay drainage and lay a pipe (so to speak, arrange a ditch), fill it with soil on top and sow a lawn. Do I have the right to recover from the chairman and members of SNT the funds spent on the purchase of pipes and labor costs? Or do these works and the costs of materials fall on my shoulders?

6.1. At the expense of SNT funds, since these are public lands of SNT. Do I have the right to recover from the chairman and members of SNT the own funds spent on the purchase of pipes and labor costs - this is NOT how it is done. You must initiate a meeting with an agenda about this, draw up an estimate and approve it by decision. If you do this yourself, then no one owes you anything, since you did not get everyone's consent. Write a statement to the Chairman or the Board about this.

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7. In SNT, the gate and gate from my plot and from the neighbor’s plot go out onto the same plot of public land. The neighbor makes a claim to me that I should move my gate and gate to another place because he wants to take a place in front of my gate and gate to park his car. Can he do this without my consent?

7.1. Maybe. It cannot - without the decision of the owner of this site, according to the text, it is your municipality.

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8. I am disabled group 2. Do I have the right to a discount on payment for public land in SNT, Moscow region?

8.1. No, you don’t, only for paying taxes. right to a discount on payment for public land in SNT, Moscow region. may be established by a decision of the general meeting, but not by law.

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9. Is it possible to challenge the survey of public lands of SNT, the approval of the boundaries of which took place publicly, i.e. through a newspaper, although the administration knew my address, telephone number, and plot, and did not notify me about the survey.

9.1. You can challenge it, but to no avail. Information about the survey was published in the official publication. It is believed that everyone has been notified.

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9.2. Hello, it is possible if you violated the procedure or made significant mistakes.

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9.3. Hello. Can.

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10. Does a non-profit SNT have the right to lease public land without holding a general meeting of SNT members?

10.1. Hello) No, it does not.

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11. As a result of the land survey, which was carried out by the chairman of the SNT, our site became smaller, that is, part of the site turned out to be public lands, the outermost site, a reservoir was dug on it, which the chairman designated as a fire reservoir. We have a plan for all gardening, which was approved by the district authorities in the 90s, where our plot has completely different boundaries. How can we get back the boundaries of our plot, how to formalize it, what documents to go to court with...

11.1. Land surveying should be carried out not by the chairman but by a social cadastral engineer. First, carry out land surveying in accordance with the procedure established by law.

Did the answer help you?YesNo

11.2. Hello If the survey was carried out incorrectly, it means there is a registry error, which can be corrected in two ways: 1 First of all, you contact a cadastral engineer, he issues a survey plan and a conclusion to correct such an error, and you submit such a document to Rosreestr 2. If it is impossible to correct this errors out of court, you, with the same documents that the cadastral engineer prepared for you, go to court to obtain a court decision to correct the error Federal Law of July 13, 2015 N 218-FZ (as amended on May 25, 2020) “On State Registration of Real Estate” Article 61. The procedure for correcting errors contained in the Unified State Register of Real Estate.

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12. What status does land owned after the liquidation of SNT acquire? I am not interested in public land, but specifically in my privatized plot.

12.1. If this land plot is privatized by you, then it will also remain your property. The type of permitted use of this land plot will not change.

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13. If SNT does not have public lands, how can they be registered for arranging entrances and placing containers for the needs of SNT (garbage removal, fire tank)?

13.1. Hello. 1. The general meeting makes a decision on the registration of public lands and instructs one of the members of the partnership, for example, the chairman, to conclude an agreement with a geodetic organization to carry out land surveying of public lands. 2. The geodetic organization will prepare all the necessary land management documentation and also coordinate the scheme. 3. After approval, a boundary plan will be generated, which will be handed over to the customer of the work. 4. The boundary plan will need to be registered in the cadastre. As a result, SNT will receive an extract from the Unified State Register of Real Estate with the updated ZAP area.

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Consultation on your issue

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14. At the dacha, the basement of the house is leaking, is it possible to drain the water into the drainage ditch behind my fence, located on public land in St.

14.1. If internal SNT documents do not directly prohibit this, then it is possible; the drainage ditch is designed to drain excess moisture from a certain area, including your site.

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15. A member of the SNT has placed a metal structure (garage) on public land, how can he force it to be removed?

15.1. Contact him in writing against signature that you have received this letter. This is for starters.

Did the answer help you?YesNo

15.2. Write a claim to your neighbor against signature or send it by mail with a valuable letter with an attachment; after a month, if the neighbor does not clean the garage, file a statement of claim in court.

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16. In the SNT, the plot has been registered with the cadastral register. The neighbors have public land, can I put a blind fence on this side according to geodesy coordinates?

16.1. Hello, of course, you can put a fence along the border of your land.

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16.2. Good afternoon The fact is that the standards for installing a fence are regulated by the rules of land use and development of the municipality. That is, you need to know what region and municipality you live in.

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17. I have a plot in SNT. The house and land and public roads have been privatized. Is it possible to register to install separate lights since they are turned off in the winter?

17.1. If the house is suitable for year-round living, you can register, you can also install electricity, if your financial means allow it.

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18. There are 80 people in our ST. Chairman on a voluntary basis, we collect money only for electricity and pay tax for public land. What is the work of the audit commission?

18.1. Dear Svetlana, Omsk! The function of the SNT Audit Commission is to control the expenditure of funds in the cash register and on the accounts of SNT. Good luck to you Vladimir Nikolaevich Ufa 04/04/2020

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18.2. An audit commission consisting of at least three people exercises control over the financial and economic activities of a horticultural, gardening or dacha non-profit association, including the activities of its chairman, members of the board and the board, has the right to demand the convening of an extraordinary general meeting, and also fulfills the goals prescribed in the SNT Charter. clause 4 art. 16 FZ-217: 4. Along with the executive bodies, in the manner and for the purposes provided for by the charter of the partnership, there must be

An audit commission (auditor) was formed. Clause 3 of Article 20 of Federal Law-217: The work procedure of the audit commission (auditor) and its powers are established by the charter of the partnership and (or) the regulations on the audit commission (auditor), approved by the general meeting of members of the partnership. Unfortunately, the law does not make exceptions for small SNTs. You need to select at least a formal audit committee.

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19. What documents regulate work on the SNT road. A member of the SNT himself dug up the only public road in the SNT, laying a large pipe obliquely across the entire road, which prevents passage without burying the pipe in the ground.

19.1. Oksana, hello! The main documents that regulate the activities of SNT are the constituent documents of SNT (charter) and 227-FZ. You need to check with the chairman of the SNT whether there was a decision of the general meeting on laying a pipe and working on a public road, you also need to understand in what interests this member of the SNT was engaged in this work. Perhaps this point was discussed at the general meeting.

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20. Is the 1994 SNT cadastral plan evidence in court? In the old plan, my site has access (exit) to the road (public lands). When the SNT administration draws up a new plan, it is no longer clear whether there is one or not. I did not find my site in the new act on the approval of boundaries and did not sign the act. It turns out that I was formally deprived of travel to public lands? Nothing changed on the ground. What is the right thing to do, and have my rights been violated?

20.1. Yes, this may be evidence of the circumstances you pointed out.

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There is a store on public land (one for several SNT), but the chairman of the SNT (to which the store is located closer)

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