It was proposed to change the rules for paying contributions for gardeners and summer residents - Rossiyskaya Gazeta. New rules for summer residents and gardeners What awaits summer residents this year

The changes made to land legislation, which have been in effect since March 2015, largely relate specifically to summer cottages. Moreover, these changes both simplify the procedure for registering such objects and limit this right.

The right to “dacha amnesty”: validity period and risks for those who do not make it?
Thanks to the norms introduced into the legislation, the validity period of the law “on dacha amnesty” was extended again:
- in relation to housing (namely: individual residential buildings), the validity of the dacha amnesty has been extended until 03/01/2018. This means that before this date it is possible to register ownership of a residential building, even if it does not have a building permit and commissioning act.
It should be remembered that when registering ownership of a residential building after this date, the specified document will need to be submitted to the registration authority.
- in a relationship land plots The expiration date of the dacha amnesty is December 31, 2020.
Thus, the dacha amnesty currently allows you to register ownership of a property within a specified period of time. land plot without going to court.

Mandatory land surveying - done before 2018!
From January 1, 2018, the law will establish a ban on the disposal of land plots whose boundaries are not specified. This law has no exceptions.
That is, if in in the prescribed manner cadastral work on the land plot will not be carried out before 01/01/2018, then such a plot cannot be fully disposed of (sell, donate, lease, exchange, etc.). In this case, the presence or absence of a certificate of ownership or other title document does not matter.
Thus, before this date, it is necessary to carry out cadastral work to clarify the location of the boundaries and area of ​​land plots and obtain a cadastral passport with the changes made.

Complex (mass) cadastral work: who risks what?
Since 2015 authorized bodies local government district or district, executive authorities of constituent entities of the Russian Federation have the right to carry out in relation to each settlement, as well as the territories of horticultural, gardening and dacha non-profit associations of citizens, complex cadastral work.
Objectives of this work:
- clarification of land boundaries,
- establishing and (or) clarifying the location of objects located on sites,
- formation of land plots, incl. public use, occupied by streets, driveways, etc.,
- correction of cadastral errors.
In this case, new rules for clarifying the boundaries of land plots will be applied, namely: coordination of the boundaries of land plots is planned to be carried out by a special conciliation commission at meetings of the right holders of such land plots. Personal notification of rights holders of sites will not be carried out. And in case of disagreement with the results of these activities, disputes that arise can only be resolved in judicial procedure within 15 years from the date of entering information into the State Property Committee.
Please note that complex cadastral work is possible only after the approval of land surveying projects. Therefore, before these documents are approved, it is possible to carry out cadastral work in relation to your property, taking into account its actual use.
Thus, in relation to your property subject to clarification, it is advisable to carry out cadastral work and enter the relevant information into the State Property Committee in order to avoid possible controversial situations in the future, the resolution of which will be quite problematic.

Tightening of liability for summer residents – fines based on cadastral value.
Since March 20, 2015, the edition of the Code of Administrative Offenses of the Russian Federation has been in force, according to which:
- failure to use a land plot of agricultural land for conducting agricultural production or carrying out other activities related to such production within a specified period shall entail the imposition of a fine on citizens in the amount of 0.3 to 0.5% of the cadastral value of the land plot (clause 2 Article 8.8 of the Code of Administrative Offenses of the Russian Federation);
- non-use of a land plot intended for housing or other construction, gardening, truck farming, in specified purposes in the event that the obligation to use such a land plot within a specified period entails the imposition of a fine on citizens in the amount of 1 to 1.5% of the cadastral value of the land plot (Clause 3 of Article 8.8 of the Code of Administrative Offenses of the Russian Federation).
- unauthorized occupation of a land plot or part thereof, as well as use of a plot without the rights to do so, entails a fine on citizens in the amount of 1 to 1.5% of the cadastral value of the plot.
The Code also establishes the amount of the fine, even if the cadastral value of the property has not been determined.
However, the law does not provide for a specific period during which a person is obliged to use the land owned by him. Moreover, the grounds on which the non-use of land plots for housing construction, gardening and vegetable gardening are determined are not specified. Therefore, the absence of such can serve as an “engine” for inspection bodies in generating budget revenues.

It's time to come out of the shadows - time to pay taxes.
At its core, mass cadastral work is a legal opportunity for authorities to carry out cadastral registration of objects, despite the will of the owners themselves, in order to ensure tax payments for those who have not yet paid.
Therefore, already from January 1, 2017, for failure to report (late message) tax authorities on the availability of real estate in relation to individuals tax liability will be introduced. The fine will be 20% of the unpaid tax amount.
The obligation to report the availability of property arises for taxpayers - individuals only in the event of failure to receive earlier tax notices and non-payment of taxes.
Let us note that citizens who voluntarily declared the presence of taxable objects on which property tax was not paid can begin paying it from the year in which they submitted the application. But after the transition period, if information about such objects is received from other sources, taxes in respect of them will be calculated for the three previous years.
Thus, the current cadastral work carried out by the owner of the property will ensure the safety of the property in the form in which he has been using it for a long time, and the owner will also avoid liability measures and unnecessary financial losses in the future.

EGRN: what will change for summer residents?
On January 1, 2017, the Federal Law of July 13, 2015 N 218-FZ “On state registration real estate." The main innovation of this law is that cadastral registration of real estate and state registration of rights to it will be combined into unified system accounting and registration. Thus, a reliable (complete and high-quality) source of information about real estate will be created.
At the same time, the Law significantly reduces the period for registering a property in the cadastre and registering rights to it - 10 working days for both procedures.
Moreover, entering information into the Unified State Register of Real Estate is possible through interdepartmental interaction: upon receipt of documents from authorities, Rosreestr enters information on their basis into the Unified State Register of Real Estate (except for cases where it is impossible to enter them) and notifies the copyright holder of the entry. That is, the copyright holder of such an object can avoid the costs of carrying out procedures for registering the object.
This law is the most significant for owners of dacha plots, since it will help resolve many disputes related to unreliable and contradictory information from numerous registers, and will reduce the number of appeals to the courts and associated costs.

Thus, we can conclude that most of the innovations are aimed at increasing the base of real estate taxes and, accordingly, replenishing the state budget.
However, as practice shows, it is more profitable to be conscientious in order to avoid even greater financial losses and keep your object in its original form.

Decent citizens will pay with property and money for dishonest neighbors

There are 60 million summer residents in the country, almost half of the country's population, and all of them are voters. Before the elections, the authorities are trying to solve the pressing problems of voters. Therefore, in last days August, the government introduced it to the State Duma, and the authorities tried to present it as a breakthrough that would bring a lot of good to summer residents and solve their problems.

In fact, it makes life difficult for summer residents, but serious problems doesn't solve. Despite the fact that there are really a lot of such problems.

The current law was adopted 20 years ago. He did not fulfill his function - to regulate the life of non-profit associations of land owners.

It laid down the rules that such associations must follow, but did not provide the leverage by which those rules were to be enforced.

The law was based on the fact that all land owners are decent, honest and reasonable people. They will pay their dues regularly, will not steal electricity, move fences, and if they are elected chairmen, will not deceive their neighbors by spending public money on themselves and their needs.

The land owners turned out to be completely different good people. Therefore, gardening and dacha partnerships have not been living according to the law for the last 20 years, but as it turns out. Where there is the right chairman, something is established there. And where the chairman is a thief, there is no life. Citizens suspect everyone and everything, shake with hatred and go out at night to spoil their neighbors.

Unsettled relations between members of dacha associations lead to the fact that these associations themselves have growing debts to service providers and are not fulfilled sanitary requirements, public lands are not put on the cadastre, taxes are not paid, and much more is not being done. Therefore, the new law was expected to provide levers that would quickly and effectively force summer residents to follow the rules. What was needed was not so much a law as a full-fledged reform that would not only establish rules, but also force them to be followed.

The bill submitted to the Duma contains neither leverage nor reform. Mostly cosmetic changes are being introduced, partly softening the bureaucracy and legitimizing existing realities.

And there is one important point, which is kept silent. This is the clause on bankruptcy of garden and dacha partnerships, Chapter IIX, Article 37.

“A gardening, gardening or dacha non-profit partnership may be declared insolvent (bankrupt) by a court decision.

Declaration of a gardening, gardening or dacha partnership as bankrupt by a court entails its liquidation.

In the event of bankruptcy of the partnership, property and land for common use must be transferred into ownership former members partnerships in proportion to the area of ​​their garden, vegetable plots or dacha plots, regardless of whether these persons were the founders of the partnership and the size of their contributions. Wherein specified persons bear subsidiary liability for the debts of the partnership to the extent of the value of the property transferred to them.”

What does this mean in practice?

In practice this means that new law written in the interests of merchants - service providers for dacha partnerships. But it’s not in the interests of summer residents.

Decent summer residents will now pay with personal property and money for dishonest neighbors who steal electricity and do not pay fees. Here's what it means.

Let's say the partnership owes money for electricity. The usual story is debtors, bugs, losses in networks. SNT does not pay the debt for one year, and does not pay the second. Debt is piling up. The sales company takes the partnership to court. The court declares him bankrupt.

The property of the partnership - transformer, poles, wires, common lands, garbage container - is assessed and divided among all members. Everyone gets their share, as it were. But in reality he gets nothing. Because how to divide the trash container and poles among three hundred people?

However, each member of the partnership is deemed to have received his or her share of the property and is “subsidiarily liable for the debts.” Therefore, they first send him a writ of execution for a certain amount, and if he does not pay, bailiffs come to him and take away his personal property - a lawn mower, a TV, a hose - in favor of the supplier to whom the bankrupt partnership owes money.

This provision of the new law can be fruitfully developed.

For example, local authorities decide: in SNT all roads must be paved. Is your SNT unable to raise money for hard surfaces? Ok, then a commercial company hired by the local authorities comes to you and, in compliance with the decision, forcibly scatters crushed stone from you. Then it goes to court, the court declares your SNT bankrupt, then follows the procedure described above with the bailiffs.

The new law on summer residents allows them to be milked like dairy cows. This is its main purpose. And it’s not at all about solving the problems of voters.

Did the government guess about this when introducing such a cheerful bill on the eve of the elections? The only question unanswered. Everything else is clear. The summer residents are doomed, there is no question.

Add to the federal law dated April 15, 1998 N 66-FZ “On gardening, 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 size of the membership fee depending on the area of ​​the land plot of a member of such an association and (or) total area real estate objects belonging to 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 rights to the land plot belonging to him in writing notify the board of the horticultural, gardening or dacha non-profit association about this;”;

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 of state registration of 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 shall create and maintain 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) postal 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 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 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 article of quorum.”;

6) in article 22:

a) paragraph three of paragraph 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 horticulture, gardening or dacha farming in individually on the territory of a horticultural, gardening or dacha non-profit association, upon their request, the following should 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) protocols general meetings 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;

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, with copies of the documents specified in paragraph 3 of this article. The fee charged by the association for providing copies cannot exceed the cost of their production. Providing copies of documents specified in paragraph 3 of this article to the local government body in whose territory such an association is located, authorities state power the relevant subject of the Russian Federation, judicial authorities and law enforcement agencies is 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 such legal entities. When registering these changes made to the 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

According to statistics, every second Russian has a dacha, and the new dacha law is designed to simultaneously complicate and simplify the life of gardeners, but at the same time restore order in their ranks. Federal Law "On the conduct by citizens of gardening and vegetable gardening for their own needs and on amendments to certain legislative acts of the Russian Federation" dated July 29, 2017 N 217-FZ (came into force on January 1, 2019) regulates relations arising in connection with the conduct of gardening by citizens and gardening for one’s own needs, and also determines the features of the civil legal situation non-profit organizations created by citizens for gardening and horticulture.

Save on membership fees!

Back in 2016, a new law was signed on summer cottages. And although the document tightens certain requirements for the organization of gardening associations, it also provides certain relaxations.

Thus, in the first version of the bill it was assumed that the size of membership fees would directly depend on the number of acres (or the total area of ​​land owned by one person). The deputies were afraid that for some gardeners the new rate would become unaffordable, so in the final version they decided to give the right to tie the size of the membership fee to the land to the gardeners themselves. It’s easier this way, because gardeners know their colleagues not only by sight, so it’s easier for them to understand whether their neighbors in the area will accept the new payment amount or not.

An important innovation was that all membership fees must now be allocated to the “maintenance of common property.” This means that the chairman will not be able to spend the money raised over the summer on improving the “path leading to his house.”

On a note! The Federal Law dated July 3, 2016 No. 337-FZ “On horticultural, market gardening and dacha non-profit associations of citizens” was subject to adjustments.

Get ready for roll call!

The adopted law on dacha gardening partnerships obliges the creation of a register listing the names of all members. New partnerships were required to provide a register one month after official registration.

The register must include detailed information about each outdoor recreationist, including:

• first name, last name and patronymic;
• address (postal or electronic) for sending various messages, including information about the time and date of the general meeting, as well as for sending copies of documents;
• cadastral number of the land plot;
• additional data that members of a particular dacha community considered necessary.

Each gardener must promptly inform the board of all changes to the data included in the register.

Important! Within 10 days from the date of sale of the site and transfer of ownership to another person, the previous owner must notify the board of this in writing.

Access is open!

It is valuable that the deputies gave gardeners the legal right not only to get acquainted with all the documents of the partnership, but also to receive copies of them. At the same time, the dacha law of 2019 clearly regulates that their cost cannot exceed the money that was spent on their production. Since today most documents are created and sent using a computer, it is logical that gardeners will be able to receive the voting results of the general meeting and other important papers for free or for a nominal fee, for example, by including the cost of purchasing paper for printing copies in their membership fees.

Among the documents that an amateur gardener can legally request from the board are:

• the charter and amendments made to it;
• financial statements;
• minutes of general meetings, meetings of the board and audit commission;
• ballots with voting results, including if it was conducted in absentia;
• title documents for common property.

The new dacha law also establishes a ban on absentee voting when resolving the following issues:

• amendment of the charter;
• approval of the new version of the charter;
• liquidation or reorganization of an association;
• approval of the income and expense estimate;
• consideration of the reports of the board and the report of the audit commission.

Who will pay for the roads and security?

Before summer residents had time to adapt to the 2016 law, the 2019 innovations arrived, which allow registration in a country house, abolish the concept of “dacha partnership” and instead of 5 contributions, only 2 are allowed to be paid.

Only 3.5% of plots today are located within populated areas, where issues with the development of public areas are, at the very least, being resolved. The rest of the summer residents own hundreds of acres, which are not listed among the lands of a particular village, town or city, while gardeners regularly pay land taxes, but are forced to solve all the problems on their own.

There is one more nuance. The legislation allows to build on garden plot home for permanent residence, but due to the imperfection of the law, their owners are deprived of various social guarantees.

Experts believe that another law on dacha gardening partnerships will stimulate the remaining 30% of dacha owners to register land rights and automatically become one of those who regularly replenish the budget with tax deductions. And this is quite reasonable: you have registered land rights, pay taxes, and receive government guarantees.

Experts fear that the adoption of this law may be delayed due to the need for significant expenses that will be required from regional authorities. Changing the status of land requires the presence of a certain infrastructure - roads, transport links, a store, etc. Organize all this at empty space, of course, it is costly for the local budget, but one-time expenses will result in a future regular increase in the treasury due to incoming taxes.

In the State Duma, bills that affect all residents of holiday villages are currently at various stages of consideration. Formally, these initiatives are designed to make life easier for Russian summer residents, but in practice their main consequence may be an increase in fees from citizens. The magazine writes about this "Kommersant-Money" .

In particular, we're talking about on the bill, which proposes to assign the status of settlements to the current SNT and cottage villages. In this case, the state will take over the construction of roads, clinics, schools, gasification and other infrastructure. On May 20, such a bill was submitted to the State Duma by deputy Oleg Nilov. One of the most important consequences of the adoption of this law will be the opportunity to implement the long-standing idea of ​​registering citizens in their dachas.

According to Money's sources, this bill will not be considered until the autumn session, and in general its prospects are ambiguous. “Everyone says that the idea is not bad. But we don’t have money, so you hold on,” Nilov, the author of the initiative, told the publication. At the same time, the government of the Moscow region believes that the probability of adoption of the bill is quite high, noting that the funds that the administration will receive from land and property taxes can be used for the development of SNT.

However, despite the promising prospects that this bill promises, the majority of summer residents do not believe in roads and gasification at the expense of the budget, but they do believe in raising taxes, the magazine notes. In particular, they fear that the inclusion of SNT in the settlement will sharply increase the cadastral value of real estate. This is especially disadvantageous for those who, in principle, do not need registration at their dacha.

In addition, on May 20, in the first reading, the State Duma adopted, which clarifies the procedure for calculating membership fees and penalties in case of late payment, provides for the maintenance of a register in order to streamline the recording of information about citizens engaged in gardening, horticulture or dacha farming, etc., - in total, its authors propose to introduce eight points regulating the internal “kitchen” of SNT. Meanwhile, experts believe that all this is being started for the sake of one point, which establishes a direct dependence of the size of the membership fee on the area of ​​the land plot and the real estate on it. In this way, the authorities want to persuade citizens to register property rights, in order to again be able to impose taxes on them, Dengi notes.

At the same time, experts remind that in terms of forced registration of dachas and houses, a more effective means has been prepared: in 2018, when it finally ends, a rule will come into force according to which if a building or land plot is not registered according to the law, then the turnover of such property will be practically impossible.