Buying a dacha in SNT is a responsible matter in our time. In order to avoid becoming a victim of scammers, black realtors and unscrupulous sellers, you need to know how to formalize the purchase of a summer house in SNT and what documents the seller should have for a plot of land and a country house. Let's look at how to arrange the purchase of a summer cottage with a plot of land yourself and what you should pay special attention to when purchasing a summer cottage plot from a gardening partnership.
What you need to know when buying a summer house in SNT
What pitfalls await us when buying a dacha in SNT, even if all the documents are in order?
The dacha is part of the partnership, which means that certain rules of life and life have already been established among the members of the SNT. You definitely need to familiarize yourself with them, so that later you don’t get any unpleasant surprises in the form of fines from the board, for example, for not mowing the area behind the fence on time.
Some owners try to get rid of their summer cottages when they learn that a major construction of roads or other large structures is planned nearby, so it is better to check information about nearby developments with the local administration.
Even if the land plot is demarcated and has coordinates, they may not correspond to reality. You can check the coordinates by locating the points.
Before buying a dacha, don’t be lazy, find out what the neighbors are like! This is one of the important aspects of peaceful relaxation on your site in the future.
Beware of buying plots with a reduced price, and also be vigilant when the purchase and sale occurs by proxy, without the participation of the owner.
Can a member of the SNT not be the owner of a land plot? If this happened, what should I do?
In the event that the owner of the territory located within the garden partnership does not immediately declare his ownership, he may turn out to be the owner of such a land plot, but not its owner.
To resolve the issue of becoming a member of the partnership, as in the opposite case, you will need to submit an application to the Board . All documents that confirm the rights to own the site are added to the application.
In judicial practice, there are often situations where disputes arise regarding SNT territories transferred as inheritance.
Often heirs do not express a desire to become members of the partnership. Federal Law No. 66, mentioned repeatedly in the text, retains the right of the owner of the land plot to make such a decision. The reality of this possibility is mentioned in the second paragraph of Article 18 of this federal law. At the same time, in the event that two or more owners of the site become members.
For example, when relatives enter into an inheritance or spouses, each of them, on the basis of the Civil Code, receives the right to independently decide whether to enter into a partnership or retain other property rights.
If you refuse to join SNT , the owner of the property will need to coordinate the signing with the Management Board of documents that will determine the rules for the use by such an owner of infrastructure facilities common to the entire partnership.
SNT rules make it possible for both Russian and foreign citizens to become members of the partnership.
Is it possible to buy a dacha without land surveying in 2021
In 2021, the issue of buying a summer house without land surveying has become very relevant. Every year the legal requirements regarding registration of the purchase and sale of real estate become more stringent.
It is still possible to buy a dacha without land surveying, but it is better to protect yourself from unnecessary problems.
We wrote details about whether it is possible to sell a dacha or garden plot without land surveying, and what restrictions exist on the sale of land, in the article: “Is it possible to sell a plot of land without land surveying?”
When and to whom to prepare SNT
The document is prepared either by the sender or the recipient. It all depends on which of them is located on the territory of Kazakhstan.
If the goods are traveling from Russia to Kazakhstan, then the recipient will prepare the SNT.
For example, if a company buys building materials in Russia and orders their delivery, then it must issue an accompanying invoice. Preferably, as soon as it is known by what transport the goods will cross the border - this information should be in the SNT.
When sending cargo from Kazakhstan to the countries of the EAEU, as well as when moving certain goods across the territory of Kazakhstan, the SNT is prepared by the sender.
What documents should the seller present when purchasing a summer house in SNT 2021?
Before buying a dacha in SNT, make sure that it really belongs to the seller and that he has all the necessary title documents.
According to the requirements of 2021, the seller must provide documents for the dacha:
A recent extract from the Unified State Register for the plot is the main document that will be needed when purchasing a summer house. As you know, certificates of ownership will not be issued since 2021. Instead, they use an extended extract from the Unified State Register of Real Estate, which contains all the main parameters of the dacha plot (coordinates, area, full name of the owner, etc.). There are cases when the seller has a certificate of ownership, but the land is not registered in the cadastral register. Here you need to be vigilant and it is better not to buy such a plot, but to wait until the owner registers the rights to it with Rosreestr.
Documents for a country house (extract from the Unified State Register of Real Estate);
Copy of the owner's passport;
Document – the basis of ownership (sale and purchase agreement, court decision, certificate of inheritance);
Spouse's consent;
A certificate from a mental health center (not necessary, but desirable in order to prevent the transaction from being declared invalid);
If there are no documents for a country house, you will face the costs of preparing a technical plan and registering the house in the future. Otherwise, the dacha may be considered a squatter building.
After checking the documents for the dacha, you can begin concluding a purchase and sale agreement for a dacha plot (for information on how to draw up an agreement yourself, read the article: “Agreement for the purchase and sale of a land plot 2021 between individuals - features of registration through the MFC.”
Judicially
In some situations, the process of recognition of property rights may become more complicated due to the emergence of conflict situations. Including:
- the need to resolve controversial territorial issues;
- when deciding on the partial annexation of traditionally used territories;
- other property issues, including the resolution of conflict situations between SNT members and the Management Board.
To resolve such issues, the preparation of the already specified package of documents is required . It will not need to include only a receipt confirming payment of duties to Rosreestr. True, only in a situation where the documents have not yet been submitted to this organization and it is not the decision on the documents issued by Rosreestr that is being challenged in court.
Sometimes a court decision is required on issues relating to the cadastral value of a plot. In this case, the court may either declare the need to invite outside experts or involve its own organizations.
To appeal to the courts, the owner of a disputed plot on the territory of a gardening partnership will need to submit to the court a complete package of documents confirming both the right to own the territory and the correctness of the issue around which the litigation arises.
In most cases, in such a situation, it is first recommended to contact an experienced lawyer who will explain all controversial points on the basis of current legislation.
How to register a land plot - read here.
How to buy a dacha and not be deceived
When you buy a dacha from a gardening partnership, you become a full member of the SNT, acquiring not only rights to the dacha, but also responsibilities.
The state in every possible way persuades people to register their properties in the cadastral register, but not everyone is in a hurry to do this for various reasons. Many people do not register their dachas with SNT to avoid paying extra taxes. Others are not ready to spend their time and money on proper paperwork, and some simply do not know that real estate in SNT - be it summer cottages, garden houses, or other fundamental buildings - must be registered with Rosreestr.
Therefore, many summer cottages in SNT are not registered in the cadastral register. How to buy a dacha and not be deceived?
Pitfalls when buying a summer house in SNT:
- Avoid purchasing dacha plots in SNT that have not undergone the land surveying procedure and have not been registered with the cadastral register, even if formally all the owner’s documents are in order. Keep in mind that the land surveying procedure costs money and requires coordination of boundaries with neighbors.
- A garden book is not a document confirming ownership, it speaks of membership in SNT! Read about whether you can or cannot buy a dacha using a garden book in a separate article.
- Rosreestr has the right to suspend the registration of a contract for the sale and purchase of a dacha in SNT, if there are legal grounds for this (read more about the suspension here). For example, the site does not have clear boundaries (not demarcated), the application was submitted by an inappropriate person, there are legal disputes regarding the site (seizure, etc.).
- If the owner sells the dacha through a proxy, do not be lazy and check the power of attorney for authenticity, there are different cases. Try to meet the owner and get a copy of his passport.
- If there are buildings on the dacha plot - a house, a bathhouse, outbuildings, etc. - check their cadastral registration, and also whether the buildings comply with all the standards for setbacks from the boundaries of the land plot.
- After receiving an extract from the Unified State Register for the site, check its boundaries by resorting to the services of a geodetic company - order the boundaries to be taken out in kind - this way you will protect yourself from possible serious problems in the future.
- Check the type of permitted use and purpose of the land, and whether the site is located in a zone with special conditions for the use of territories (ZUT). For example, buying a summer house in the area near an airfield, in a cultural heritage zone or in a water protection zone can result in significant difficulties when preparing documentation for a country house in the future.
What role does joining or leaving the SNT play?
The current legislation makes the issue of becoming a member of the SNT or leaving it quite controversial.
The main difference in this case is that the one who officially joins the partnership can be elected to the Board or other management bodies , and the one who has registered property outside the partnership may not subsequently receive consent to conduct transactions with a plot of its territory.
In conclusion, it is worth saying that recently an increasing number of landowners have chosen to transfer their land from the ownership of a member of a partnership to completely individual ownership. This process is quite complex and requires knowledge of many provisions of the current legislation. The first step in solving this problem is to contact an experienced lawyer.
Today, specialized agencies are ready to undertake the entire range of procedures, carrying out all options for a dacha amnesty or other actions with registration of property within the territorial and procedural boundaries of a garden partnership as completely individual.
If I sell goods on the territory of the Republic of Kazakhstan, am I required to issue a SNT?
At the moment, the obligation to register SNT is provided for when selling the following goods on the territory of the Republic of Kazakhstan:
- Excise products;
- Aircraft goods (Order No. 384).
In accordance with the Pilot rules, excisable products are ethyl alcohol, alcoholic beverages, gasoline, diesel fuel, and tobacco products.
Thus, if the goods being sold belong to one of these categories, the taxpayer is obliged to issue a SNT for such a sale.
Before issuing SNT, it is necessary to reflect the balances of such goods in the taxpayer’s virtual warehouse.
