217-FZ on gardening partnerships for 2021 with amendments and comments

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Since 2021, the new Federal Law on Dachas No. 217-FZ (adopted on July 29, 2017) has come into force, aimed at resolving situations and disputes around land plots in gardening and vegetable gardening partnerships, which prescribes a new change in the creation and operation of TSN (partnership property owners) in the form of SNT and ONT. Let's look at what's new under 217-FZ, with amendments and comments to the law.

217-FZ on gardening partnerships, comments to the law

The discussion of the new bill provided that it would set out the rules for registering buildings located on the lands of gardening and vegetable gardening associations, as well as registration in residential buildings. However, the final version of Federal Law No. 217-FZ dated July 29, 2017 does not contain such precise regulations.

The regulatory document left only two forms of partnerships for citizens who use plots for their own needs:

• SNT – horticultural non-profit partnerships;
• ONT – vegetable gardening non-profit partnerships.

Therefore, all pre-existing forms must undergo the re-registration procedure. The concept of a dacha cooperative is no longer legally applied and therefore, when changes are made to the constituent documents, it must become an SNT.

The differences between SNT and ONT are strictly defined:

• on SNT lands you can obtain a building permit and build a residential building with the opportunity to then register after commissioning and state registration; on ONT you can build only non-permanent outbuildings;
• SNT can be converted into a cottage-type village if a number of conditions are met.

Due to the release of a new legislative act, the following have been cancelled:

• norms of Law 66-FZ;
• concept of dacha partnership;
• obligation to participate in general meetings;
• the right to determine the amount of membership fees only by members of the partnership; all tariffs and expenses are now decided by voting at a general meeting of owners;
• the opportunity to be members of SNT or ONT legal entities (Part 1, Article 12 of Federal Law No. 217);
• the authority of the chairman to choose a bank to open a partnership account; the decision is made only at the general meeting (clause 8, part 1, article 17 of the Law).

The law contains innovations:

• definitions of objects covered by Federal Law 217;
• when determining boundaries in one territory, it is impossible to create several SNT;
• the number of founders of the partnership is limited to a minimum limit of at least seven;
• the minimum composition of board members is 3 people, which is no more than 5% of the total number of members of SNT or ONT;
• the chairman is prohibited from issuing a power of attorney with the right of substitution (Clause 6, Part 1, Article 19 of the Law);
• voting at general meetings may be in absentia or in person;
• The powers of individual gardeners have been expanded; they are also required, on an equal basis with members of the partnership, to participate in the maintenance of common property;
• a procedure has been established for gardeners who do not create SNT (Article 6 of the Law);
• The term of office of the chairman and board of the partnership has been increased to 5 years (Part 5 of Article 16 of the Law);
• until the election of a new board, these functions are performed by the previous composition (Part 6, Article 16 of the Law);
• the number of issues decided by majority vote has been expanded;
• notification of meetings and their results has become possible to send out in new ways (Parts 13 and 14 of Article 17 of the Law);
• the minutes of the meeting must be signed by all those present (Part 25 of Article 17 of the Law);
• products of private gardening and vegetable gardening must be sold subject to registration as an individual entrepreneur with appropriate reporting and taxation.

If a partnership was not created before the adoption of the law, then it is possible to conduct gardening without creating a partnership.

Disadvantages for summer residents: expert explanations

The new law will bring a lot of problems and paperwork to summer residents. Many lawyers, country real estate experts and other professionals share their opinions on the law and explain the difficulties it can bring.

Difference between gardeners and gardeners

A significant boundary is drawn between gardeners and gardeners. In accordance with the law, gardeners will be able to erect residential buildings (with a foundation) on the plots, in which they can register. Gardeners will not be able to do this. On garden plots it will be possible to erect small independent buildings that do not have a foundation: sheds, greenhouses, pavilions, bathhouses, etc.

Ownership of buildings and structures

In this regard, a problem arises: what should gardeners do who have already built a summer house on their site? As Lyudmila Buryakova, head of the public reception of the Union of Gardeners of Russia, notes, the new law will not affect already registered buildings. Therefore, it is necessary to register all buildings with a foundation now. It is also possible to transfer the partnership from a gardening partnership to a gardening partnership.

Payment of fees by bank transfer

In the coming year, it will be possible to make regular or targeted payments only by transferring funds to the bank account of the partnership. This will create certain difficulties for elderly people who do not know how to use a bank card. In addition, there will be a need to regularly travel to the nearest bank branch.

But it's not just older people who will face difficulties. Lawyer Nadezhda Loktionova notes that summer residents will have to pay a commission for the transfer, and this is an extra expense. In addition, Nadezhda emphasizes that the chairman will not be able to manage financial affairs on his own, so there will be a need for an accountant. In this regard, in 2021, membership fees will be about 1.5 thousand per month.

Individual summer residents

According to the adopted legal act, individuals are required to pay all membership and target fees along with the rest. That is, in addition to taxes, it will be necessary to pay for the general expenses of the partnership, as well as the work of self-government members. In addition, you will have to pay taxes.

Thus, persons who are not members of the SNT will pay 6% more than SNT members.

Control structures

Starting next year, self-government bodies will be elected for a period of up to 5 years (currently this period does not exceed 2 years). In addition, managers have more powers, and in controversial issues, the chairman’s voice will be decisive.

New rules for summer residents

Thus, if members of self-government are unscrupulous, the entire SNT will suffer. The partnership will be managed by various management companies. This may result in additional costs. And in some cases, membership fees will become exorbitant.

Wells and wells

Some gardeners and SNT will have to obtain a license for wells and wells. However, this procedure will be necessary in rare cases. As Almaz Khafizov, deputy director of the State Unitary Enterprise Ecosystem, notes, there are 4 conditions under which the well does not need to be registered:

• the owner of the well is an individual;
• it was not drilled into a centralized aquifer;
• used only for personal purposes;
• No more than 100 cubic meters of water rises from the well per day.

Most personal wells meet these requirements, i.e. only public wells will have to be registered.

Changes to Law 217-FZ

Based on amendments made by Federal Law dated August 3, 2018 N 340-FZ.

How to register a residential building under the new law?

The possibility of building a private residential building is limited by the category of the land plot and the permitted use. Accordingly, a residential building can be erected:

• on the lands of settlements with permission for individual housing construction or private plots;
• on agricultural lands with permission for summer cottage construction.

Law 217-FZ abolished the concept of a summer cottage, but allowed on the territory of SNT to erect a building for seasonal residence, as well as a permanent residential building, where one can subsequently register.

However, clause 2 of Article 23 contains a clause that such a territory must be included in the list of zones for which urban planning regulations have been approved. Therefore, when determining the possibility of constructing and registering a residential building, one should be guided not only by the category and permitted use of the land, but also by the master plan for the development of municipal land.

This is the difficulty that town planning regulations for lands in SNT have not yet been provided and municipalities have not considered them as territories for private residential development. Therefore, all that remains is to wait for the next changes. In the meantime, those who have already registered their homes have nothing to fear. But for newly registered buildings the cost of the procedure will increase significantly. Now this cannot be done without obtaining a technical passport for the house, and the cost of its production is on average 10,000 rubles.

At the same time, the provisions of the new law do not allow for capital construction on ONT lands. Here it is allowed to erect only outbuildings that are not subject to registration (for example, storage rooms for storing equipment).

Law 217 also paragraph 4 of Art. 45 introduces changes to the Town Planning Code regarding cadastral registration of a residential building built on SNT lands. At the moment, to do this, it is enough to obtain a technical passport for the building and register it as part of the “dacha amnesty”. Subsequently, after March 1, 2021, obtaining a building permit will become mandatory.

Results

If any controversial situations arise regarding participation or non-participation in SNT, you must refer to the provisions of Law No. 217-FZ and the SNT charter. Members of the SNT have the right to use and dispose of common property and bear equal responsibilities for its maintenance. The owner of the site may not join the SNT if he does not have such a desire.

You can find out how land tax is calculated and paid in our “Land Tax” section.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to register in a garden house?

If Law 217 recognizes a permanent residential building on SNT land as a home, then registration in it will be normal. But this is only a guess, because there is nothing intelligible in the law on the issue of registration. We can only wait for additional regulations that will spell out regulations for registering citizens in a garden house.

Previously, citizens sought registration in a garden house only through court proceedings. At the same time, they had to prove that it was capital and suitable for year-round use.

Mandatory expenses for gardeners

Throughout the existence of SNT, its members transferred contributions to the chairman and had no problems. Now 217-FZ law requires such payments to be made by bank transfer, which will entail the payment of commission fees to the bank.

Accordingly, for proper accounting and reporting, it will become difficult for the chairman to work independently. Then another unit will appear on the staff - an accountant. And the costs of his salary will fall on the members of the partnership, which will increase their annual contributions.

Additionally, the land tax for plots used for private gardening and horticulture increases. Its rate will become 0.3% instead of 0.15%, which was applied in 2018.

How to preserve property?

So, it is quite difficult to fulfill all the conditions described, so many summer residents may completely lose their property next year. To prevent this from happening, you need to take the following actions as soon as possible:

1. Legalize your rights to land. To do this, you need to enter data into the state cadastre and Rosreestr.
2. Re-register dacha partnerships in SNT or ONT. There are no deadlines for re-registration. However, if this is not done as quickly as possible, partnerships will be left without legal protection.
3. Legalize buildings on garden plots.

   
   List of papers for passing the legalization procedure

4. If construction or reconstruction of a summer residence began before August 4, 2021, it is necessary to send a corresponding notification to the authorities before March 1, 2021. You do not need to obtain permission to construct or use the building.

The new law will bring several positive aspects to summer residents. For example, registration in residential buildings will become much easier, and all defaulters will be held accountable. However, changes bring with them many difficulties and paperwork. Even now, summer residents need to take care of legalizing their property. In addition, the financial costs of all summer residents will increase due to the new rules.

Will the law allow the transfer of garden plots to private housing construction land?

Today, entire cottage communities are being created on the lands of SNT, where there are residential buildings on each plot. Clause 12, Article 54 of Federal Law No. 217 will allow changing the status of land to “land of settlements” with permitted use for individual housing construction if the following conditions are met:

• the partnership is located within the boundaries of a populated area;
• All houses on the plots are recognized as residential.

In this case, members of the SNT have the right to contact the territorial administration with a corresponding application. As a result, if the decision is positive, they will be able to form an HOA and subsequently be guided by the norms of housing legislation.

But here we should take into account the other side of the issue. SNT and individual housing construction lands are taxed at different tax rates. Moreover, the second of them is much higher. Therefore, before deciding on the transfer of land to individual housing construction, you should pay attention to this. In addition, if previously they were puzzled by this in order to be able to register in a house, now, when the law allows registration in a garden house, is it worth doing?

New law for summer residents and what should Russian gardeners expect in 2021?

All these changes will ultimately affect almost half of the country's residents. The law has already been nicknamed the “dacha constitution”, because now the concept of “dacha owner” should not exist. Now they must be either gardeners or market gardeners.

The dacha reform ultimately allowed citizens who have land plots in SNT to not only legally build permanent residential buildings, but also to register there. The construction of a house from March 1, 2021 must be carried out with permission and be subject to state registration upon completion of construction.

The relationship between members of the SNT (ONT) and gardeners who are not members of the partnership has undergone significant changes. Now, if the latter wishes to become a member, he should not be required to pay an entrance fee.

Non-partnership owners of plots received the right to vote at the general meeting, where issues of financial costs are discussed. The innovations also gave them the opportunity, on an equal basis with members of the partnership, to register ownership of common property. To do this, a decision is made at a general meeting and shares are determined in proportion to the area of ​​the existing plot.

Gardeners can no longer be charged for travel through the territory of SNT.

We tried to reflect as clearly as possible all the changes in dacha legislation that Federal Law No. 217 brought us. And what changes await dacha residents in 2021 in connection with other clarifying regulations, time will tell.

About contributions

Law N217-FZ provides for only two types of contributions: membership and targeted.
Contributions are defined as funds contributed by citizens - members of the partnership to the current account of the partnership for the purposes and in the manner determined by Law N217-FZ and the charter of the partnership. Previously, it was possible to make both money and property shares. There are no entry fees. The obligation to make contributions applies to all members of the partnership. The frequency and deadline for paying membership fees are determined by the charter of the partnership. Moreover, the frequency of payment of membership fees cannot be more than once a month.

The law defines the purposes for which membership fees can be used. These include:

1. maintenance of the partnership's common property, including payment of rental payments for the property;
2. settlements with organizations supplying heat and electricity, water, gas, and sewerage;
3. settlements with the operator for MSW management;
4. improvement of general purpose land plots;
5. protecting the territory and ensuring fire safety;
6. conducting audits of the partnership;
7. payment of wages to persons under employment contracts;
8. organizing and holding general meetings of members of the partnership, implementing the decisions of these meetings;
9. payment of taxes and fees.

The list of purposes for which membership fees can be directed is closed.
In turn, targeted contributions can be used for expenses related to:

1. with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, for the further provision of such a land plot to the partnership;
2. with the preparation of documents on territory planning in relation to the territory of gardening or vegetable gardening;
3. with the carrying out of cadastral work for the purpose of entering into the Unified State Register of Real Estate information about garden or vegetable plots of land, land plots for general purpose, and other real estate objects related to public property;
4. with the creation or acquisition of common use property necessary for the activities of the partnership;
5. with the implementation of measures provided for by the decision of the general meeting of members of the partnership.

Thus, the list of purposes to which targeted contributions can be directed is not closed and allows the partnership to decide on the allocation of such contributions to any events based on the decision of the general meeting of the partnership.

In addition, Law N217-FZ determines that the amount of contributions may not be the same for all members of the partnership.
Thus, in cases provided for by the charter of the partnership, the amount of contributions may differ for individual members of the partnership, if this is due to the different volume of use of common property depending on the size of the plot or the total size of the area of ​​real estate located on such a land plot, or the size of the share in the right of common shared ownership of a plot or real estate located on it. In case of non-payment of contributions and penalties, the partnership has the right to recover them in court.

Since membership and target contributions are paid to the current account of the partnership, cash payments, as before, are excluded. In addition, it is stipulated that entrance fees paid before January 1, 2021 will not be refunded to citizens.