What does a dacha according to a garden book mean?

A garden book is a document confirming membership in a gardening partnership. The SNT participant is granted the right to use a garden plot of land. However, this legal status of the land limits the owner’s ability to dispose of the land at his own discretion. Thus, without formalizing privatization, a member of the SNT will not be able to conduct transactions for the alienation of the site.

A plot of land with an uncertain legal status and without the necessary title documents is valued cheaply. But most purchasers do not think that in order to carry out the procedure for legitimizing and registering land ownership, large time and financial costs will be required.

The most common situation is when the seller of the plot has only a garden book among all the title documents. Is it worth buying such plots? What consequences should you be wary of when purchasing land using a garden book? Let's look at it in detail below.

Who sells a dacha using a gardener's membership card?

Among the owners of suburban areas there are those who are far from preparing documents and are not ready to spend extra money on it. There is a gardener's membership card - and that's enough. And when they need money, they sell their dacha for pennies, which, let’s say, was inherited from their grandfather.

After all, registering a plot of land and a house through Rosreestr, as expected, requires time and money; you need to contact a cadastral engineer, run through the authorities, and find out everything. Many owners simply don't want to deal with this paperwork. It’s easier to sell the dacha cheaper - and then let others sort it out.

By the way, in order to simplify the registration of land plots, they came up with a dacha amnesty - the opportunity to register rights to a land plot in public ownership before March 1, 2022, according to information from the archive, including the gardener’s membership book.

The gardener's membership book confirms membership in SNT or ONT, and that's all. In addition, the book may remain in hand, and membership in the partnership may be terminated.

Each member of the partnership, within three months from the date of admission to SNT membership, is issued a membership book or other document replacing it by the chairman of the partnership - says Article 18 of Law 217-FZ “On Gardening”.

The membership book is not a document of strict accountability; it can be drawn up in any form adopted by the SNT at a general meeting.

Gardener membership books are issued to the following SNT members:

The gardener's book has been issued since time immemorial, since the times when summer cottages began to be allocated free of charge. Previously, this document was considered really important, but today it does not carry any value, since it does not at all confirm ownership of the site.

What rights does it give the owner?

The book gives the right to use the garage and confirms membership in the Civil Code.

Much also depends on the construction conditions, because a garage can:

Belong to the property of the Civil Code.
Be the property of the owner of the book.
Be leased by the Civil Code from the municipality.
Be rented directly from the cooperative itself.

By paying a certain amount of money every month, a member of the Civil Code can use the garage for his own purposes.

Is it possible to buy a dacha using a garden book in 2021?

In 2021, Rosreestr registers contracts for the sale and purchase of dacha and garden plots only if there are a number of documents, but not according to a garden book.

Sales cases are different, some are pushed by life circumstances, others approach this matter consciously. From the point of view of common sense, buying a summer house using a garden book is a rather risky option. However, if the location and price really appeal to you, then it makes sense to get involved in the preparation of all the documents, so to speak, to help the owner register his plot according to the law, in order to later acquire ownership of it.

To do this, it is better to consult with a lawyer in order to understand what pitfalls may emerge in each individual case.

Perhaps an old grandmother wants to sell her dacha because she needs money for treatment. Once upon a time she received a plot of land, but she still hasn’t drawn up the documents, hasn’t done land surveying and hasn’t registered it with the cadastral register. And perhaps scammers want to get rich at someone else’s expense - everything must be checked.

When buying a dacha using a garden book, there is a risk of being left without money and without a dacha - this is a fact. In addition to the garden book, the owner’s rights must be confirmed, if not in the Unified State Register of Real Estate, then in the Resolutions or acts of the local administration, perhaps there is an old-style certificate of ownership.

You, of course, can pay the owner money and take possession of the dacha, settle there, build a house, but you will live in the dacha on bird's rights, in addition, you may be accused of squatting and expelled from the territory.

How to register a dacha using a garden book in 2021

You can register a dacha using a garden book, that is, you can privatize a garden plot as your own in 2021 for free. The owner of a plot who enjoys the right of perpetual use or lifelong inheritable possession has the right to register the plot by submitting an application to the local administration.

At the same time, after March 1, 2022, this right ends and the plots will have to be purchased at auction. (For details about simplified land registration, see the article on the dacha amnesty)

floor leveler which one to choose for concrete

A garden book is not a document of title, but it is useful when applying to the administration for documents certifying the right to a plot (deed, certificate, court decision, etc.) and, accordingly, for subsequent registration of ownership.

To register a dacha in 2021, a number of documents are required. Read about how to buy a dacha and not be deceived in our article: “How to process the purchase of a dacha in SNT.”

Garden book

This is a document that confirms membership in SNT. This means that the owner of the book has been given the land for use. He cannot completely dispose of it - give it, sell it, exchange it, pass it on by inheritance. To do this, the site must be privatized and registered with Rosreestr.

You can find really attractive offers on the market, which may differ significantly in price to a lesser extent than similar properties. As a rule, these are areas for which there is only a garden book. It is not a legal document. And the acquisition of such real estate is always a risky undertaking.

Buying a plot using a garden book

Home » Land » Buying a plot using a garden book

Underwater rocks

If you nevertheless decide to purchase such a plot, it is important to foresee all possible difficulties and find a solution:

The previous owner has a large debt to SNT. In this case, the entire responsibility falls on the one who bought the plot.
The owner did not write a letter of resignation from SNT. Demand that he do this before receiving the money. Then you won’t have to look for him and ask him to write a statement in the future.
The chairman did not prepare the documents properly. You must independently ensure that not only is a statement written about the exclusion of the previous owner from SNT. A resolution is needed to expel one member and admit another member, indicating names and passport details.
The seller does not want to give a receipt for receipt of money. It is important to insist on receiving it, even to the point of refusing the deal. It is even better if there are witnesses present.
Inability to privatize. The seller may say that this will not be a problem. But if the procedure is so simple, he could privatize the plot and sell it at a higher price. It is better to check with the chairman and the municipality for information about the possibility of obtaining land ownership in a given SNT. Find out in advance what documents are required for this.

Note! All risks when purchasing land in SNT are borne by the buyer. Therefore, he has the right to demand that documents be properly executed, including notarization of the agreement and a receipt for receipt of money.

Is it worth buying a plot of land using a garden book?

If the owner has not taken care of registering the plot of land he owns, then he will only be able to present a garden book as a title document during the sale.

The mechanism for transferring the right to use a site is quite simple. The acquirer of the land, together with the seller, writes an appeal to the management of the partnership about joining the partnership and, accordingly, about leaving it. A garden book is issued in the name of the new user. But this procedure does not give you any rights to dispose of property.

The positive features of such a simplified scheme for purchasing a garden plot are as follows:

Significant disadvantages of purchasing land using a garden book include:

In the latter case, you will have to prove your right to land in court.

Based on the above, most qualified lawyers advise against purchasing land on the basis of a garden book, despite the attractive price of such offers.

If you nevertheless decide to purchase a plot without title documents, then use the following recommendations:

What does it mean to buy a plot using a garden book?

Please note that by purchasing a plot using a garden book, you are acquiring membership in a gardening partnership, and not ownership of the land. This fact proves the riskiness of such transactions.

You should be alerted by the fact that the seller, of all the title documents, only has a booklet confirming membership in a gardening association.

Is it worth buying land in DNP?

Is it worth buying land in a cottage community? Read here.

As a rule, this means that some problems arose with the privatization of the land being sold, otherwise the seller himself would have registered ownership of the land. This would be much more profitable for him, since the cost of legalized plots is much higher than unregistered ones.

The owner of SNT lands is the local government body on whose territory these plots are located. In this case, you can find out about the possibility of privatization of such lands from the local administration. Perhaps these areas are encumbered and restricted in circulation, or there is an easement.

Free legal assistance

Challenging land transactions Moscow from 15,000 rubles. Membership in a garage cooperative requires the presence of a membership book.

What is the point of owning such a document, why is such a book necessary, and how can you get a membership book for a garage cooperative? ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.

It's fast and free! Table of contents:

What's included in it?
How to get it?
Why is it needed and what does it give?
Tips and nuances
What it is?

What it is?

The membership book of a garage cooperative is a document that is issued for each member of the society personally. Which brickwork to choose.

How to register a plot of land in SNT as a property using a garden book

In accordance with the requirements of civil law, any SNT participant has the right to leave the partnership and register ownership of his plot (Article 262 of the Civil Code of the Russian Federation). The procedure for registering land ownership is free.

Initially, you must submit an application to the SNT board for exclusion from the membership.

The mechanism for registering SNT land as property is as follows:

As a result of registration actions, your data as the owner of the site will be entered into the Unified Register of Rights to Real Estate and Transactions with It. From this moment on, you will be considered the full owner of the land plot.

When registering privatization, the cadastral value of the plot is taken into account, which the owner will have to pay.

The presence of an obligation to pay for a land plot does not contradict the established legal provisions on free privatization.

Since the registration procedure itself will be carried out free of charge (except for the need to pay a state fee for issuing a property document), but the new owner will have to pay for land under the jurisdiction of the municipality. As a rule, the price of such plots purchased for the purpose of privatization is minimal and many times lower than the market price.

Source

How in 2021 ownership of a land plot is registered using a gardener’s membership book

Hello. Here I describe instructions for registering ownership of a garden/summer/vegetable plot when a citizen only has a garden book or a certificate of membership. Officially, it is called a gardener’s membership book, but each partnership has its own form of this book. This instruction is suitable for any type of partnership - SNT, ST, STD, DNT, etc.

arkhyz hotel with rooftop pool

Important note: if there is a garden or residential building on the plot and it is registered as the property, the instructions for registering the plot are different - how to register the plot as the property under the house.

(to enlarge the picture, click on it)

Members of the partnership can register their plots free of charge and without establishing boundaries

Members of any partnership use their land plots on the right of perpetual use or lifelong inheritable ownership. They have the right to register their plots as property free of charge and without establishing exact boundaries (without land surveying) - clauses 2.7 and 9.1 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ and Art. 22 of the Federal Law of July 29, 2017 N 217-FZ. But you will still need to contact the administration with a request to provide ownership of the plot - clause 2.9 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ.

The above relaxation is valid until March 1, 2022 - this is expressly written in paragraph 2.7 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ. After this date, members of the partnership can only buy their plots from the local administration for a certain% of the cadastral value - paragraphs. 3 p. 2 art. 39.3 and paragraph 3 of Art. 39.4 Land Code of the Russian Federation. This percentage is different everywhere - from 20% to 100%.

The main thing is that the land used by the member of the partnership is documented - clause 2.7 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ. The garden book itself is not a document of title for registering a plot. But it will be necessary to request these very title documents (stage No. 1). The garden book only says that such and such a citizen is a member of a certain partnership and such and such a plot is assigned to him - clause 13 of Art. 12, art. 7 and Art. 9 of the Federal Law of July 29, 2017 N 217-FZ. It is precisely “written”, although the garden book itself does not prove the fact of membership and use of the plot.

Samples of garden books

(click on the pictures to enlarge them)

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, 7 days a week) (Moscow and the region); (St. Petersburg and region); (all regions of the Russian Federation).

Now let's talk about the exact boundaries of the site. Most often, dacha/garden/garden plots are not registered in the cadastral register or are there, but without the exact coordinates of the boundaries. I advise you to first register the property as a property, and then decide on establishing boundaries. This is permitted by law. In case of disputes with neighbors along the boundaries, the owner of the site has a greater chance of a positive resolution of the problem. Still, the right of use and the right of ownership are two different things. Property wins more here.

Is it possible to privatize a garden plot with only a membership card in hand?

Dear Alexey Anatolyevich, Thank you very much for your interest in the publication. Yes, there is no doubt that land issues are complex and constantly changing. ↓ Read in full ↓ I cannot agree with you on the following grounds: According to clause 2.8. Article 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”, the provision of a land plot into the ownership of a citizen is carried out on the basis of a decision of the executive body of state power or a local government body, provided for in Article 39.2 of the Land Code of the Russian Federation, on the basis of an application from the citizen or his representative. Attached to this application: a diagram of the location of the land plot on the cadastral plan of the territory, prepared by the citizen. a protocol of a general meeting of members of a horticultural, gardening or dacha non-profit association of citizens (meeting of authorized representatives) on the distribution of land plots between members of the said association, another document establishing the distribution of land plots in this association, or an extract from the said protocol or the said document. Based on the Review of judicial practice on issues arising during the consideration of cases related to horticultural, gardening and dacha non-profit associations for 2010-2013, approved by the Presidium of the Supreme Court of the Russian Federation on July 2, 2014, in accordance with clause 2.8 of which for the transfer of land a plot of land for a member of the SNT to own free of charge, three circumstances have significant legal significance: 1) the plot requested by the citizen must be part of the territory of a horticultural, gardening or dacha non-profit association; 2) this non-profit association must be created before the Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” comes into force, i.e. before 04/23/1998, 3) a citizen requesting ownership of a land plot for free must be a member of this non-profit association and use this plot legally. By virtue of Part 1 of Art. 18 of the Federal Law of April 15, 1998 No. 66-FZ “On gardening, vegetable gardening and dacha non-profit associations of citizens”, members of a horticultural, gardening or dacha non-profit partnership (gardening, gardening or dacha non-profit partnership) can be citizens of the Russian Federation who have reached the age of eighteen years and having land plots within the boundaries of such a partnership (partnership). Within three months from the date of admission to membership, the board of such an association must issue each member of a gardening, gardening or dacha non-profit association with a membership book or another document replacing it (Part 5 of Article 18 of the said law). Thus, the membership book itself is a document establishing the distribution of a land plot in a garden partnership and the use of the land plot legally.

Information for those who “bought” a plot using a garden book

I am constantly contacted by citizens who have “bought” plots using a garden book. Some of them, together with the seller, asked the chairman of the partnership to make a re-entry in the household book and make a new garden book for the buyer. Some buyers simply took the garden book from the seller and transferred money for the plot, i.e. nothing was actually re-registered. This is where the catch lies.

Why did I put the word “bought” in quotation marks? In reality, no transfer of land occurs in such transactions, because only a member of the partnership can use the land that is documented for him - Art. 22 of the Federal Law of July 29, 2017 N 217-FZ. To become a member of the partnership, you need to submit an application and the issue of membership is decided only at the general meeting of members - Art. 12 of the Federal Law of July 29, 2017 N 217-FZ. At the meeting, the members of the partnership must vote on whether to accept the “buyer” into their partnership and record the decision in the minutes. Therefore, membership is proven not by a garden book, but by the minutes of the meeting, an extract from these minutes, or a certificate of membership.

Samples of documents on membership in the partnership

Extract from the protocol

Membership certificate

In the case of such a “purchase”, the plot is still assigned to the previous member of the partnership (“seller”). Consequently, the “buyer” does not have the right to register the plot as his own property, because he is not a documented member of the partnership and has nothing to do with the plot.

In such a situation, do this:

Buying a garage

The membership book can act as an item for changing the owner of the garage. If such real estate is not registered as property, the book may act as a basis for privatization. Registration of ownership can be carried out free of charge.

To sell a box, you must first register it. To do this, a member of the Civil Code must pay a visit to the Rosreestr office along with a book and other documents and submit an application for privatization. When such a right is issued, the object will become available for sale.

Stage No. 1 - We request the necessary documents from the chairman of the partnership

It is also called a land allotment document. This is a document according to which the municipality allocated a large piece of land of several tens of hectares to a garden/dacha partnership, and the members of the partnership distributed the plots among themselves. Usually this is a state act or certificate of the right to perpetual use of land, a resolution on the provision of free use or assignment of land, etc.

(click on the picture to enlarge / scroll horizontally)

Samples of documents on membership in the partnership

Extract from the protocol

Membership certificate

How to divide a plot into 2 or more plots - we order land surveying and register changes in the cadastre.

Many chairmen refuse to provide documents if there are debts to the partnership

So the chairmen simply put pressure on the applicants to “close” their debts. All this is illegal, because the chairman is obliged to provide documents to the members of the partnership and debts have nothing to do with it - clause 7 of Art. 21 Federal Law dated July 29, 2017 N 217-FZ. If the debt is small, I advise you to pay it off, because you will have to spend about 3 months on the court proceedings (2 months for the trial + 1 month for the court decision to come into force).

What to do if the chairman does not have documents

Usually we are talking about a document on the issuance of land to a partnership and a decision to create a partnership. For example, members of the partnership were dissatisfied with the work of the chairman and appointed a new one at the general meeting. In my experience, out of resentment, the former chairman simply destroyed documents. In such a situation, there are several search options.

Avito Serov real estate rent a one-room apartment

You can ask your neighbors to see if one of them has registered ownership of the plot. And once the property has been registered, it means that the necessary documents have been collected. Usually site sellers can help with this. To find sellers, you can type into a search engine “name of partnership, name of region, land for sale.”

Stage No. 2 - We draw up a diagram of the location of the site on the cadastral plan of the territory

This scheme is needed if the land plot is not registered in the cadastral register or is included, but without established boundaries. Based on it, we will ask the administration to provide ownership of the plot along the boundaries that are displayed in it. You can’t ask for a plot of land without knowing its exact location.

The diagram will indicate the actual location and boundaries of the site. About 5 - 6 copies will be required. It is better to order it from a local cadastral engineer. Costs from 3,000 rubles. According to the law, you can draw up a scheme yourself (Article 11.10 of the Land Code of the Russian Federation), but you need to be able to use a special program. I still advise you to trust the professionals.

What is the content of the document?

The book contains information about the payment of membership fees. This includes payment for electricity, security services and other transactions.

The entire book has sections and columns for indicating the transaction, the amounts entered and the accountant’s signatures.

All pages contain a table for entering information:

The first column is the month.
The second indicates the amount paid for each month.
And in the last column there is the signature of the accountant, which is confirmation of the payment made.

The book contains notes about participation in certain events that are held in the garage.

The form includes the exact date, job title and number of hours worked. It also describes the result of the work done.

Stage No. 4 (final) - Registering ownership

In many cities and towns, documents can only be submitted to the MFC. From there they are transferred to the Registration Chamber (UFRS). If in your locality you can apply directly to Reg. Chamber, then it’s better to do so.

The submission of documents to the MFC or the Registration Chamber itself does not differ, so in the instructions I indicated through the MFC.

The state fee for registering property rights is 350 rubles (clause 25, clause 1, article 333.33 of the Tax Code of the Russian Federation). The state duty is divided among all future owners. The cash desk is located in the MFC building itself. After paying the state fee, in order of priority, the employee must give the following documents (originals and copies):

Sample extract from the Unified State Register of Land Registers

I advise you to enter the boundaries of the site in the real estate cadastre

After registering the right, I always advise owners to immediately start establishing the boundaries of the site in the real estate cadastre. The sooner you do this, the better. Whoever set the boundaries first has an advantage, for example, in the event of a dispute with neighbors.

My detailed instructions - How to set the boundaries of the site. If you have completed stage No. 3, then you already have a diagram of the location of the site on the cadastral plan of the territory and you do not need to obtain this diagram again. It is on the basis of this scheme that boundaries can be entered into cadastral registration.