SNT - what is it (transcript)

What are the features of SNT

SNT participants - owners of land plots - undertake to pay voluntary contributions.

If earlier there were more than ten various voluntary associations (associations, cooperatives, partnerships, such as DNP, DNT, and others) of summer residents, gardeners and gardeners, then starting in 2021, according to the changed legislation, there are only two - SNT and ONT (O – stands for “garden garden”).

At the same time, the dachas themselves were not canceled or liquidated, and simply began to be classified as SNT or dacha settlements.

There is also an association of individual housing construction , which stands for individual housing construction. Land plots of individual housing construction are used for housing construction, and SNT and ONT plots are used for the purposes of gardening and vegetable gardening. According to the new land law, housing construction is allowed only in SNT.

Is it possible to register in SNT ? Yes, it is possible, although this will require certain organizational hassle, obtaining permits, including going to court. The house must not only be located on the appropriate territory, but the land must also have an appropriate purpose.

Other forms of dacha partnerships and partnerships were abolished for the following reasons:

Thus, speculation in dacha lands is stopped, for example, the purchase of dacha plots at an inexpensive price with the subsequent construction of elite cottages on them, which, in fact, cannot be classified as dachas;
self-building is also suppressed - all buildings are subject to mandatory registration;
The procedure for paying contributions also changes. Previously, their amount did not depend on the size of the plot and the type of buildings on it;
Construction supervision over buildings is also introduced; they should not exceed three floors in height.

Legislation

The procedure for using public lands is contained in the Civil Code and the Land Code.

Here are general provisions governing the use of publicly accessible lands, as well as the procedure for transferring them into the ownership of SNT.

Separate provisions regarding the legal status of public lands, taking into account the specifics of SNT, are given in Federal Law-66.

The latest version of the law dates back to 2016.

Public lands have the following features:

they are not covered by the so-called “Dacha Amnesty” (simplified privatization procedure);
according to the Federal Law “On Gardening Associations of Citizens”, land that is public property is transferred to SNT free of charge;
The Land Code does not limit SNT members on the terms of use of plots.

SNT has many advantages

The most important thing is a much lower price compared to individual housing construction. The area of the land plot does not play a role when building a house. Tax fees are also significantly lower. If for individual housing construction the rate is 1.5%, then for SNT it is only 0.3%.

As a rule, SNTs are located in environmentally friendly places; there is often a forest or a natural reservoir nearby. Soil fertility is high, not just suitable for agricultural work, but having high quality scores, which determine the economic value of the land.

There are also disadvantages to SNT , although many of them are relative.

The first is significant monetary fees: members of the partnership must invest funds for the improvement of the territory and for the salary of the chairman of the board and other managers.
They must also install communications at their own expense: electricity, water supply and gas.
SNT is located far from populated areas with developed infrastructure.
There is a problem with obtaining a housing loan; it is very difficult to get a loan for garden land with low interest rates - banks try to refuse.
The owner must coordinate the house construction project with local administrative authorities.

Land in SNT - what can it be used for?

The owner can completely dispose of the land, that is, it can be bought, sold, donated or accepted as a gift. You can build a house and outbuildings on it, or plant a vegetable garden or garden.

But a member of SNT does not have the right to engage in entrepreneurship (what is this?) on his garden plot. Also, in order to conduct communications there, he must obtain the consent of all members of the partnership.

For now, plot owners still have the opportunity to register their land, house and outbuildings according to a simplified scheme, since the so-called “dacha amnesty” has been extended until March 2020.

On SNT land, it is not at all necessary to engage in construction, whereas on individual housing construction land, housing construction should begin in the first three years after acquisition.

In some cases, the status of land can be changed; to do this, you need to contact the local administrative authorities with an application.

The lands of SNT and ONT differ from each other in location, and also in the fact that capital construction is completely prohibited on the site belonging to ONT.

Only small buildings without a foundation, for example, sheds for storing equipment, can be erected on ONT lands. The cadastral value of a land plot in SNT, as well as the market price, is higher.

The life of SNT will change: the authorities decided to amend the law “On Gardeners”

“The information that the government is preparing amendments to the law “On Gardeners,” which has been in force for only two years, has caused a storm of emotions among summer residents. Many are perplexed: are there really no more pressing problems in our country now than rewriting the same laws?

- I do not agree with this assessment. The federal law “On citizens’ gardening and vegetable gardening for their own needs” was adopted in 2021, since then our lives have changed a lot. Take at least the level of digitalization of SNTs near Moscow; 3-4 years ago we never dreamed that we would hold meetings with summer residents in an online format. And now many gardening associations use electronic voting on the most pressing issues. It is clear that digital technologies have developed so much due to the coronavirus pandemic, but the idea is good. It is no secret that it is always difficult to gather people for a general meeting in SNT, and due to the lack of a quorum, many pressing problems have not been resolved for years. But almost everyone can vote online. But the practice of applying these innovations is not legally established. Therefore, amendments to the law are required.

— How will this be reflected in the new version of the law?

— First of all, the article on the procedure for holding a general meeting is being supplemented. Taking into account the positive experience of holding general meetings in absentia in 2021, the legislator proposes to enshrine this in the charter of the partnership and streamline it in federal law. We understand perfectly well that all decisions of the general meeting will sooner or later be made exclusively in absentia using modern digital technologies. An example of this is the “Digital SNT of the Moscow Region” project, successfully implemented in 2021. In addition, the provision on electronic voting must be enshrined in the charter of the partnership. There you also need to indicate the name of the SNT website, if there is one.

—Aren’t you afraid that during absentee voting there may be manipulation by the SNT administration?

— Just to prevent this from happening, the legislator proposes a number of provisions establishing in the SNT charter the procedure for online voting, notification of voting via SMS and other means of communication. SNT members must be notified that their voice has reached the board and they have taken it into account.

True, unfortunately, not all of our summer residents are fluent in modern technologies, so the board can, of course, ensure the minimum required quorum - more than 50% of the partnership members - by calling the most loyal summer residents, and notify the rest only formally. In this case, decisions that are convenient for the SNT administration can be made, and ordinary members of the partnership will be deprived of the opportunity to express their position, as happens at an in-person meeting. Although it must be admitted that most general meetings in SNT sometimes resemble a market square, and not a civilized event.

- And what should we do then?

— If summer residents are actively interested in the life of their SNT, participate in general meetings, vote, at least in absentia, and help the board in solving problems that arise during the economic activities of the village, it will be quite difficult to deceive them. A dishonest person on the board will be quickly discovered and brought to light. But where ordinary members of the SNT are inert, it is quite possible that the position of chairman of the board will want to be seized by a fraudster who will work for his own pocket.

— Is it true that the new bill expands the powers of the board and the chairman of the SNT?

- Yes, and significantly. It is proposed to give the SNT board the exclusive right to resolve the most pressing issues: to notify municipal authorities that there are abandoned plots on their territory, or that the owner is using the land for other purposes, as well as to accept new members of the partnership. By the way, in small SNTs, where the number of members is less than 60 people, the board does not have to be elected, and all these issues are completely left to the chairman.

— Will it turn out that some chairman of the SNT, endowed with unlimited power, will usurp it and rule like a tsar?

— In my opinion, strengthening the administrative resources of the SNT should be beneficial. Of course, provided that the chairman and the board work honestly. And there are 99.9% of them in the Moscow region.

— For many SNT, abandoned sites are a sore subject. What new are lawmakers proposing to solve this problem?

— There are two main problems of land use in SNT. The first is abandoned areas. Weeds and dead wood grow on them, they pose a fire hazard to neighbors and block sunlight. The second problem is areas that are not used for their intended purpose. For example, a land owner builds a hotel or animal shelter, opens a car service center, car wash, or other commercial facility. All this is a violation of the law. As a rule, violators do not pay contributions to the SNT and create a lot of problems for neighbors.

Photo: mosreg.ru

The Land Code of the Russian Federation states that the owner of a land plot is obliged to use it for its intended purpose. But if the amendments are adopted, each region of the country will be given the authority to independently determine the criteria indicating that the land is not used for its intended purpose. It is also proposed to give the chairman of the SNT the authority to file a complaint about misuse with government agencies. This is a very effective measure. Because now the chairman of the SNT does not have this right as an official. Although he is the one who always knows exactly which land is being used in violation, so he can quickly send materials to organize land inspections of violators.

— It’s no secret that general meetings in SNT often end in a scandal, people argue and disperse without really agreeing on anything with each other.

— You are right, it is very difficult to assemble a quorum to resolve some really important issue. It is even more difficult for summer residents to come to an agreement on financial issues. Although it is the general meeting that decides all the most important issues for the life of SNT. It elects the management and control bodies of the partnership, approves the budget, without which economic collapse may occur in SNT. After all, without timely payments in gardening, the power may be turned off, utility workers will not clean roads or remove garbage.

- And what to do, how to come to an agreement?

— If members of the SNT fail to reach an agreement during a face-to-face meeting, the law provides for the possibility of making important decisions in absentia. Including using electronic voting, which we have already discussed.

By the way, the new version of the law will make life easier for new owners of plots who bought land in SNT, who are now sometimes forced to wait 2-3 years for a legitimate meeting to take place where they will be accepted as members of the partnership.

The legislator proposes to transfer the authority to admit new members of the SNT to the chairman or board of the SNT. True, if for some reason the board refuses to admit the new owner of the site as a member of the SNT, then he will be able to appeal this decision only through the court.

— What is the general difference between SNT members and land owners who are not SNT members? How different are their rights and responsibilities and monetary contributions?

- Let's start with money. There is little difference here. Because all expenses for business activities are divided equally among everyone. Regardless of whether you are a member of SNT or an individual, all site owners are required to pay for snow removal, general lighting on the territory of SNT, security, garbage removal and other needs. But there are costs associated solely with membership in the partnership. For example, the production of membership books (or documents replacing them).

Now regarding rights. There are issues of the general meeting, decisions on which are made exclusively by members of the partnership. These include: admission of new SNT members; preparation and approval of a new version of the charter, reports of the chairman, board and audit commission; making decisions on creating associations (unions) of partnerships, joining or leaving them; concluding an agreement with an audit organization or an individual auditor of a partnership, and so on.

In fact, individuals have the right to vote at the general meeting on only 5 issues: land, infrastructure, the creation or transfer to ownership of third parties of the common property of SNT, contributions and liquidation of the partnership. On other issues, their votes are not taken into account; therefore, the costs of organizing a general meeting, in which individuals do not take part, are logically distributed only among the members of the partnership.

— What other pressing issues of dacha life are reflected in the new bill?

— For many SNTs, the sore issue is the transfer of utility networks to the balance sheet of energy supply organizations. Now this requires 100% consent of all SNT members. In practice, this is unrealistic. Firstly, try to gather everyone, and secondly, convince them to vote unanimously. The authors of the project propose to reduce the norm of those voting “for” from 100% to 75% of the total number of members of the partnership. You can already work with this.

— How will the issue of converting SNT into populated areas be resolved, what new is said in the draft law?

— There will be no automatic transfer of gardening partnerships to the status of populated areas. In each individual case, everything will be decided individually. Indeed, there are holiday villages that are very close to populated areas, have a common border with them, and sometimes it is advisable to unite them. However, there are no universal solutions here.

- And who will decide this?

— The powers to include SNT in a populated area or create a new one are within the competence of regional authorities. This is logical: the number of SNTs is different everywhere, and in addition, local administrations have their own financial capabilities. For example, there are subsidized regions that cannot afford to take on infrastructure and roads owned by summer residents.

In addition, not all summer residents want to transfer their SNT to the status of a populated area, since this is associated with an increase in land and property taxes, and the fee for garbage removal also increases. In addition, SNT will lose the status of an integral territory and will be obliged to demolish all restrictions at the entrance for the passage or passage of people.

— The draft of the new law has now been proposed for public discussion. How can summer residents express their opinion about it so that it is taken into account by legislators?

— To do this, you need to register on the State Services website, go to the Rosreestr website and leave your comments there. There you can also read the text of all amendments to the law “On Gardeners”.

Chairman of SNT and management structure

To create a partnership, three people are enough. To do this, a corresponding application is submitted to government agencies.

The chairman and board of directors are elected at a general meeting of members.

It is the board that decides all organizational issues between meetings. It also distributes the collected funds. At the general meeting, the SNT charter is drawn up, which sets out the principles of work in the SNT.

for the chairman :

experience in gardening;
knowledge of office work;
basic legal literacy.