Individual housing construction or SNT - which is better? This question interests citizens who are planning to acquire land plots for ownership.
The territory of the Russian Federation is large, therefore it is divided into categories and must be used only for its intended purpose. In this regard, the purchase of land must be accompanied by knowledge of the category to which it belongs.
Below we will look at the advantages and disadvantages of the categories and find out what can be built, what kind of houses, how to organize the transfer of a category from one to another and what you need to know in order not to break the law, what risks exist and how not to be refused.
Categories of land plots
The RF Land Code specifies the existing categories:
- land plots intended for agricultural needs;
- for the construction of settlements;
- special purpose areas;
- specially protected areas and objects;
- forest and water fund lands;
- areas that are in the country's reserves.
Please note: persons who violate the rules for the use of land bear not only administrative, but also criminal liability.
The nuances of buying a house in a partnership
If you are planning to purchase a house or land in SNT, you should pay attention to the possible pitfalls of such a purchase. First of all, you should check the documents - they must contain all the nuances.
Cases where the owner has completed something or changed the area of the premises, but “forgot” to re-issue the documents, are not uncommon. For the new owner, such inattention will result in lengthy re-issuance of documents. In addition to title documents, it is also important to check the property for encumbrances. To do this, you need to ask the seller to provide an extract from the Unified State Register. You should also ask the seller for a certificate of absence of debts on utility bills.
Another difficulty that buyers encounter is the lack of land surveying. After completing the procedure for delimiting plots, the new owner may receive a smaller plot of land, despite having paid for a larger area of land. To avoid trouble, you can ask the seller to officially limit the plot before the sale - this procedure takes about 2 months, but not all sellers agree to this.
The legislative framework
Everything related to land ownership is regulated at the legislative level.
List of documents that can be consulted to resolve issues related to land:
- ZF-136 - it specifies the nuances associated with the transfer of land for individual housing construction;
- FZ-218 - regulates the procedure for registering real estate;
- Federal Law-172 - contains the procedure for transferring a site from one category to another;
- Housing Code of the Russian Federation - determines the conditions and procedure for recognizing an object as residential.
Pros and cons of individual housing construction
Individual housing construction is one of the most popular and prestigious forms of private property. On such land you can build a full-fledged country house and cottage, which will become a reliable asset not only for you, but also for your children.
But of all possible forms of private ownership, individual housing construction is the most expensive, as it provides the greatest number of advantages.
Buying an allotment
To carry out the purchase and sale procedure you will need a number of documents:
- A certificate of the intended use of the site, which will indicate that the land will be used specifically for individual residential construction.
- Passport of a citizen of the Russian Federation.
- A document confirming ownership of land.
- Technical passport issued by the BTI.
- Certificate of provision of a land plot with a cadastral number.
Positive points
Individual housing construction has a number of undeniable advantages that make it much preferable to other categories of targeted housing registration:
- a house built using individual housing construction is necessarily assigned an address, and, therefore, it is possible to obtain a full registration in it;
- authorities have a number of obligations to residents of populated areas (in which individual housing construction is implemented), this means that, most likely, you will be provided with the necessary communications and social services, and in their absence, you will be able to legally demand improved living conditions;
- You can store your own weapons in such a home;
- for individual housing construction, a simplified procedure for obtaining a tax deduction is provided;
- If you need to take out a loan from a financial institution, you can provide land for individual housing construction as collateral.
A permit to build a house on an individual housing construction plot is required. Is it possible to register on an individual housing construction plot without a house? Find out here.
Flaws
But a plot for individual housing construction is not an ideal form of ownership and has some disadvantages, although their number is much smaller compared to the positive aspects:
- The land plot for individual housing construction cannot exceed a certain area established by law. For different regions of the Russian Federation, this norm varies and depends on the decisions of local legislative bodies.
- The construction of a residential building is regulated by a large number of regulations. Therefore, at each stage of the construction of your home, you will need to fill out the appropriate documentation and follow various state standards and rules, which takes a lot of time and effort. All this applies to the commissioning procedure, which is also very bureaucratic.
Here are the building codes and regulations for individual housing construction.
What is better individual housing construction or SNT
In order to understand what is better, you need to understand for what purpose the land is being acquired. It is also necessary to understand what the abbreviations SNT and IZHS mean.
So, what does SNT mean? These are gardening non-profit organizations located on agricultural lands. Here the question arises: is it possible to build a residential building on such land? In addition to farming, dacha construction is allowed.
In this case, you must be a member of a partnership and pay membership fees. This condition will allow the construction of both residential and non-residential buildings on the site. Registration in such premises is difficult, since the land is not intended for capital construction.
Individual housing construction - individual housing construction. Allows you to build housing or purchase ready-made houses in a town or village for permanent residence. With registration without additional permission for these actions.
There are no membership fees, which is also important. There are small restrictions: only one family will be able to register, and the building can have a maximum height of no more than three floors.
Individual housing construction, SNT and DNP: similarities and differences
All three abbreviations refer to plots of land.
Let's take a closer look at them.
Any allocated plot of land has a strictly defined purpose of use .
The purpose of individual housing construction is the construction of a residential building.
A land plot with VRI individual housing construction can only be located on the land category “Land of populated areas”.
From the point of view of conducting construction work, this is the most preferable option - obtaining permission to begin construction does not meet with objections from the authorized bodies.
Advantages for owners of housing built on land for individual housing construction:
- The building is assigned an address , which facilitates the subsequent registration of ownership rights to it.
- Permission to register at the place of residence.
- Possibility of carrying out necessary communications and using utilities .
On individual housing construction lands, it is allowed to erect exclusively detached residential buildings, no more than three storeys, in which only members of the same family can live!
Read more on the page “What can be built on private housing construction lands”.
The downsides that can be highlighted are:
- high acquisition cost,
- high cadastral value.
SNT is one of the forms of garden associations in the form of a partnership.
It is a form of legal entity that does not aim to obtain financial gain .
The plots of land allocated for carrying out activities within the framework of the SNT are located exclusively on agricultural lands.
This limitation determines the advantages and disadvantages of construction activities on the territory of SNT.
However, a significant amount of land occupied by SNT, as a result of the expansion of the territories of cities and towns, was subsequently included in the composition of settlement lands.
Advantages:
- In addition to agricultural activities, the construction of residential and commercial buildings is permitted.
- Low cost of the plot.
- Location in an ecologically clean rural area.
Flaws:
- Additional payment for the provision of utilities and engineering infrastructure.
- Impossibility of registration at the place of residence.
- Difficulties in obtaining a mortgage using a land plot in SNT as a collateral fund .
Registering a building as a full-fledged residential building with the registration authorities is quite difficult, and often impossible. Accordingly, the construction will have a lower price than a similar facility built on settlement lands.
Read more here.
A dacha non-profit partnership is an association of dacha plot owners .
Unlike the previous category under consideration, the construction of a building on the received land plot is prerequisite .
Let's get acquainted with the advantages of construction on a summer cottage:
- Low estimated value of land due to its lower fertility.
- A plot of land in the DNP can also be allocated on the lands of settlements, which simplifies administrative procedures when registering capital buildings existing on it.
- Possibility of registration at the place of residence.
Flaws:
- Frequent lack of good access roads to the construction site, as well as communications to ensure the uninterrupted process.
- Difficulties with erecting a large capital structure.
- Difficulties in obtaining a mortgage loan with land pledged in DNP.
Any housing built on a summer cottage site does not require technical expertise and approval procedures.
Read about what the category of land affects during summer cottage construction or the construction of a residential building.
Read more about construction on dacha lands in a separate article.
What are the differences
Before purchasing land, you need to understand the difference between one or another category of land, for example, how a country house differs from a residential one.
The table shows all the facts describing how the categories differ from each other.
Differences | individual housing construction | SNT |
Location | plots are located on or near municipal districts | located on farmland |
Registration | possibility of permanent registration | registration is also possible, but only after the premises are recognized as residential |
Construction | it is possible to erect permanent structures, but not higher than three floors | construction of country houses |
Improvement | carried out at the expense of the municipal district | at the expense of funds collected in the partnership |
If you are thinking about the question - what is the catch in having the status of SNT land, then you are most likely worried about whether you will be able to register yourself and your entire family there, build a house, and whether they will force you to demolish the built structure.
Take note: if citizens plan to live in a building seasonally, then SNT-category plots are quite suitable for this. Both dacha and cottage communities are being built on SNT lands. And if you want to build a house with further residence in it permanently, the best choice would be individual housing construction.
conclusions
The most hassle-free way to build housing is to use land for individual housing construction . All issues related to such construction are quickly resolved within the legal framework.
The most attractive option in terms of price for the acquisition or construction of country and country real estate - DNP, has a drawback - difficulties with registration of registration, which, however, can be solved with a certain amount of perseverance.
After reading this article, you can decide which is more suitable for your purposes: individual housing construction land or SNT.
Many families are faced with the issue of purchasing a plot of land for the construction of a cottage or private house. First, you should understand such abbreviations as SNT and IZHS. It is necessary to distinguish between these definitions and clearly know what the difference is between them.
The procedure for transferring land
What is land transfer? This is the replacement of the assigned category of land with another.
To find out how to transfer a land plot from one category to another, for example, SNT to a rural settlement, the owner needs to consult the administration of the district to which the land is attached.
If such a translation is possible, then it is necessary:
- fill out an application of the established form indicating the existing status of the land and the desired one;
- collect a package of established documents;
- bring a statement in free form from the other owners stating that they have nothing against changing the category. Be sure to have it certified by a notary.
It is worth noting: if the administration declares that the transfer of these lands is impossible, then any attempts will be unsuccessful.
Individual housing construction and gardening will be equalized, and low-tax gardening will appear for pensioners
— If you have ownership of the plot, the law does not require land surveying and registration of ownership of the country house. It is enough to fill out a declaration, attach a document of title to the land plot, receive an extract from the cadastre and go to the registration chamber. There is no need to call land surveyors. Sometimes cadastral registration authorities refuse to issue an extract from the cadastre, citing the need to carry out land surveying. But this requirement is legal only if information about the site has not been entered into the cadastre. In your case, this situation is unlikely - information about the plot in the order of inventory of previously registered land plots should have been included in the cadastre.
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QUESTION: - In 1999, a commission under the administration of the Mytishchi district provided residents of the village of Nagornoye with 2.4 hectares for vegetable gardens, for rent for an indefinite period. In April 2006, we were offered to take ownership of the plots at a standard price. But in December 2006 it was reported that registration of the plots was not possible, since these lands were intended for multi-storey development in the future. In connection with the “dacha amnesty,” do we have the opportunity to register vegetable gardens as property?
Required documents
The following documents must be attached to the above documents:
- papers confirming the right to own land;
- cadastral and technical documentation;
- extract from the Unified State Register.
Having collected and submitted all the papers to the administration, a response will be ready after a month. It is prepared and sent to the applicant in writing.
If the decision is made in favor of the owner, then an act indicating the possibility of transferring the land to another category is attached to the response. When a refusal is received, the reasons must be indicated.
What is SNT, decoding and concept
SNT is usually deciphered as a gardening non-profit partnership. The essence of this concept is reflected in Federal Law 66. It was adopted in 1998. It states that this form of partnership establishes certain legal relationships between the participants. SNT is organized on the personal initiative of the citizens who are members of it. The purpose of creating a society is to help members on various legal and economic issues.
The partnership must be registered with the tax office. The moment of opening of SNT is considered the day of its state registration. Each organization has its own charter. It must be in writing. There must also be internal management. The chairman is elected by general voting. To join SNT, you must make a contribution, which is paid by all participants. The funds are used for board expenses as well as for common use properties.
Public lands form a dacha area, which has its own access roads, electricity and gas. All infrastructure may belong to the common property of SNT. It includes certain lands by right of ownership.
The purpose of such lands is agricultural production. This includes gardening and raising pets.
The members of the partnerships are mostly pensioners. They move to their dachas for permanent residence.
When purchasing a plot, you should find out the intended purpose of the territory. If you mistakenly indicate another category in your documents, it will be difficult to correct them.
Advantages and disadvantages of individual housing construction and SNT
Each site has a number of pros and cons.
Land category individual housing construction - advantages:
- the site has a legal address, which allows you to register for permanent residence;
- is located within the city and has a developed infrastructure;
- payment of utilities in accordance with established tariffs.
Minuses:
- high cost of land, much higher land tax;
- building height limitation;
- compliance with all established GOSTs during the construction of a building;
- If the land is purchased without a house, then it must be built within five years.
SNT lands - advantages:
- lower land costs have been established for gardening;
- tax is less;
- location away from cities, which indicates a cleaner environment.
Minuses:
- lack of opportunity to register;
- regular membership fees;
- lack of infrastructure.
Differences between lands for individual housing construction and for conducting dacha or gardening activities
We will conduct a comparative analysis of various types of land plots in order to clearly demonstrate how individual housing construction lands differ from SNT and DNP. We will also include here no less popular gardening associations.
We present the obtained data in the following table:
Index | individual housing construction | DNP | SNT | Vegetable gardening association |
Land group | settlement lands | agricultural land, settlement lands | agricultural land, settlement land | agricultural land, settlement land |
Permitted activities | construction of a residential building and outbuildings | construction of a country house, setting up a garden and vegetable garden | growing agricultural crops, building a garden house | cultivation of vegetables and fruit and berry products, construction of only non-capital economic buildings |
What can be built | residential house + outbuildings the buildings; more details | residential house of dacha type + outbuildings the buildings; more details | small building + outbuildings the buildings; more details | small building + outbuildings the buildings; more details |
The need to draw up design documentation and its approval | Yes | No | No | No |
Availability of engineering and utility infrastructure facilities | Yes | rarely | rarely | rarely |
Registration at the place of residence | Yes | yes, if located within a populated area | No | No |
Comparative Cost | high | low | low | low |
A few more comparisons
There are other differentiating factors besides communication systems. Since the purpose of the territories is really different, their pros and cons are relative:
What is the difference | individual housing construction | DNP, SNT |
List of expenses | Property tax and utility payments based on a meter or a fixed tariff. | Property tax, payments for metered resources, annual membership fees, contributions for repair work. |
Question with registration (registration) | Without obstacles and restrictions immediately when applying to the FMS | Possible only in exceptional cases, there are many legal obstacles. |
Infrastructure | Developed infrastructure within close access (roads, bus stops, shops, medical facilities, schools and kindergartens, etc.). | Infrastructure is often completely absent. |
Other factors | Almost complete freedom of action in relation to your private plot of land. | Mandatory attendance at meetings, implementation of decisions made by the majority, some dependence on the power of the chairman. |
There are several legal forms of ownership of country property. DNP is one of the most promising areas. It is suitable for both owners of summer cottages and owners of small country houses, since such a partnership can be created both on agricultural plots and on the vacant territory of an existing and functioning settlement (development is possible if assigned the status of “residential zone”). In practice, the DNP that unites summer cottages is created on agricultural land, and the DNP of the owners of a low-rise suburban settlement is created in the residential area of nearby settlements (villages, hamlets, etc.).
Difference between SNT and IZHS 2020
The legislation allows citizens to register in a house on the SNT site. The main condition for registration is that the person must live in the house on a permanent basis. In practice, difficulties often arise in meeting this requirement. This is due to the fact that country houses often lack the necessary communications, which in turn makes year-round living in the building almost impossible.
The answer to this is ambiguous. On the one hand, individual housing construction land is limited in size, and therefore placing a full-fledged cottage-type house on it may be difficult. On the other hand, if you managed to obtain a large plot of land, then you can build a detached cottage house on it. And in this case, you will have significantly fewer problems with coordination and obtaining permits when registering ownership rights than with SNT.
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Notarized consent of third parties whose rights are encumbered by the garden house.
The category of third parties primarily includes persons who have liens on a garden house.
For example, such persons may be banks, other organizations or individuals who issued a loan to the owner of a garden house and issued a mortgage on the house. The government has not yet issued clarification on this issue. However, in my opinion, co-owners of a garden house can also be considered third parties who own the house along with the applicant on the right of common ownership (joint or shared).
In other words , if an application to recognize a garden house as residential is submitted by one of the owners, then the others must issue notarized consent. Particular attention should be paid to the joint property of the spouses. In particular, if the garden house, acquired under a paid transaction during the marriage, is registered in the name of one of the spouses , then the second spouse by law also has rights to the garden house. Simply put, the garden house is burdened with the rights of the second spouse.
Thus , you need to obtain notarized consent from the second spouse and attach it to the application for recognition of the house as residential.
Features of SNT and IZHS sections and their differences
Compared to SNT plots, the cadastral value of DNP lands is significantly lower, since DNP lands are less fertile. And in comparison with the cost of individual housing construction plots, the price of DNP plots is approximately 20% lower. Basically, plots of dacha non-profit partnerships are purchased for the construction of small dacha houses and farming. According to the new resolution, it is allowed to organize DNP plots on settlement lands, which made the individual housing construction and DNP plots almost equivalent.
On such land it is allowed to build detached private houses , the number of floors of which should not exceed three. Moreover, such a house is intended for living and living by one family.
What affects the cost of housing?
One of the main factors affecting the cost of a house in SNT is the presence of central communications. Since many people refuse to view plots without gas, realtors use a trick: they call those plots of land where communications are just going to be installed gasified. Therefore, you need to be alert and check all documents thoroughly. Do not hesitate to request information, clarify and ask again - you are buying a house.
The presence of a centralized water supply is another condition. If the buyer plans to live in the house permanently, then without a stable water supply, as they say, it’s neither here nor there...
If there is no running water, but you really like the site, then your own well may be the solution. Individual septic sewerage (popularly called a septic tank) solves the problem of drainage. Drilling a well will cost approximately 30-50 thousand, installing a septic tank – another 40 thousand rubles.
Of course, you will have to take care of all this, for example, regularly pump out the septic tank, but you will not depend on the whims of utility services.
You should also pay attention to the development of local infrastructure. Perhaps for some, buying groceries in the city is more convenient and familiar, but for pensioners it will be extremely difficult to get to a store several kilometers away. Convenience of transportation is an important point that affects the comfort of living, and, accordingly, the cost of the house.