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.
The legislative framework
Documentation:
- Federal Law of October 25, 2001 N 137-FZ “On the implementation of the Land Code of the Russian Federation” (with amendments and additions). In it we are interested in clauses 2.7 and 2.9 of Article 3.
- Federal Law of July 29, 2021 N 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.”
Article 3, paragraph 2.7 of Law 137-FZ
Until March 1, 2022 , members of non-profit organizations created before January 1, 2021 for gardening, vegetable farming or summer cottage farming, and members of horticultural or vegetable gardening non-profit partnerships created through the reorganization of such non-profit organizations have the right, regardless of the date of joining the specified non-profit organizations acquire a plot of land intended for gardening, horticulture or summer cottage farming, without holding an auction for ownership, free of charge, if such a plot of land meets the following conditions in total :
- a land plot is formed from a land plot provided before the entry into force of this Federal Law for the conduct of gardening, vegetable gardening or summer cottage farming to a non-profit organization specified in paragraph one of this paragraph, or another organization under which such a non-profit organization was created or organized;
- by decision of the general meeting of members of the specified non-profit organization on the distribution of land plots between members of the specified non-profit organization or on the basis of another document establishing the distribution of land plots in the specified non-profit organization, the land plot is distributed to this member of the specified non-profit organization;
- the land plot is not withdrawn from circulation, limited in circulation, and no decision has been made regarding the land plot to be reserved for state or municipal needs.
If the land plot specified in paragraph two of this paragraph relates to public property, the specified land plot, until March 1, 2022, is provided free of charge into the common shared ownership of the owners of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs , proportional to the area of such land plots.
If the land plots specified in paragraphs two and five of this paragraph are reserved for state or municipal needs or are limited in turnover, they are provided to a member of the non-profit organization specified in paragraph one of this paragraph, or for lease with a plurality of persons on the tenant's side to land owners plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs. In this case, the amount of rent is determined in an amount not exceeding the amount of land tax established in relation to such a land plot.
Article 3, paragraph 2.9 of Law 137-FZ
In the case provided for in paragraph 2.7 of this article, the provision of ownership or lease of a general purpose land plot is carried out on the basis of a decision of the executive body of state power or local government body provided for in Article 39.2 of the Land Code of the Russian Federation, an application from the owners of land plots located within the boundaries of the territory of jurisdiction citizens of gardening or truck farming for their own needs, specified in paragraph five of clause 2.7 of this article. Attached to such an application is a diagram of the location of the land plot on the cadastral plan of the territory, prepared by the applicant (applicants). Submission of this diagram is not required if you have:
- an approved project for surveying the territory within the boundaries of which the land plot is located, or a project for the organization and development of the territory, or a description of the location of the boundaries of such a land plot in the Unified State Register of Real Estate;
- extracts from the decision of the general meeting of members of the non-profit organization specified in paragraph one of clause 2.7 of this article on the acquisition of a general purpose land plot into the ownership of the owners of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs;
- constituent documents of the non-profit organization specified in paragraph one of clause 2.7 of this article.
Information on title documents for a land plot provided to a non-profit organization specified in paragraph one of clause 2.7 of this article is requested by the executive body of state power or local government body provided for in Article 39.2 of the Land Code of the Russian Federation, in the federal executive body authorized for state registration of rights on real estate and transactions with it, if such information is contained in the Unified State Register of Real Estate (in other cases, the specified information is requested from the applicant).
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?”
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.”
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.
How to organize a meeting
The general meeting is valid if more than fifty percent of the members of the partnership or their representatives are present at the said meeting. It can be regular (at least once a year) or extraordinary (Article 17, paragraph 5 and 6 of Federal Law No. 217).
If the wait is not long before the annual meeting, then the issue of providing a site is raised there. Otherwise, an extraordinary meeting must be convened.
In accordance with 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs”, Article 17, paragraph 7, an extraordinary general meeting of members of the partnership must be held at the request of:
- board of the partnership;
- audit commission (auditor);
- members of the partnership in the amount of more than one fifth of the members of the partnership (PS: Members of the partnership have the right to receive the specified extracts within thirty days from the date of submitting an application for an extract from the register of members of the partnership to the board of the partnership).
An extraordinary general meeting of members of the partnership can also be held at the request of the local government body at the location of the horticulture or truck farming area.
Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:
- sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
- posted on the website of the partnership on the Internet information and telecommunications network (if available);
- placed on an information board located within the boundaries of the gardening or vegetable gardening territory.
The requirement to hold an extraordinary general meeting of members of the partnership must contain a list of issues to be included in the agenda of the extraordinary general meeting of members of the partnership, and may also contain proposed decisions on each of them.
The demand is delivered personally to the chairman of the partnership or sent by registered mail with acknowledgment of delivery to the chairman of the partnership or to the board of the partnership at the location of the partnership.
The board of the partnership, no later than thirty days from the date of receipt of the request, is obliged to ensure the holding of an extraordinary general meeting of members of the partnership. In case of violation of the deadline, the audit commission (auditor), members of the partnership, local government body have the right to independently ensure the holding of the meeting.
Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:
- sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
- posted on the website of the partnership on the Internet information and telecommunications network (if available);
- placed on an information board located within the boundaries of the gardening or vegetable gardening territory.
A notice of a general meeting of members of the partnership may also be published in the media.
The list of issues to be considered at the general meeting of the members of the partnership, the date, time and place of the general meeting of the members of the partnership must be indicated. The inclusion of additional issues in the specified list directly during such a meeting is not permitted.
Decisions of the general meeting of members of the partnership are documented in a protocol indicating the voting results and attaching to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of members of the partnership are signed by the chairman of the general meeting of members of the partnership.
Absentee voting is not permitted unless otherwise provided by this Federal Law. In 2020, absentee voting is possible , regardless of the presence of such voting in the charter in accordance with the Federal Law of July 31, 2020 N 307-FZ “On amendments to Articles 17 and 54 of the Federal Law “On the conduct of gardening and horticulture by citizens for their own needs and on introducing amendments to certain legislative acts of the Russian Federation.”
When a high alert or emergency situation is introduced throughout the Russian Federation or in part thereof, decisions of the general meeting of members of the partnership may be adopted by absentee voting on issues falling within the exclusive competence of the general meeting of members of the horticultural or vegetable gardening non-profit partnership, regardless of whether they are included in the charter partnerships for absentee voting.
Adopting a decision at the general meeting of members of the partnership by absentee voting does not imply in-person discussion of the issues on the agenda of such a meeting and is carried out by summing up the voting results of the members of the partnership who, before the day of such general meeting, sent their decisions in writing on the issues on the agenda of the general meeting of members of the partnership to its board.
