How to correctly draw up a contract for the use of communications when leaving the SNT.
Either compose it yourself, or order work from any website lawyer in personal correspondence.
The agreement is drawn up in writing. If you have any difficulties drawing up an agreement, you can use the help of any lawyer on the site through personal messages.
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Name the most significant problems for a gardener after voluntarily leaving SNT.
When leaving the members of a gardening partnership, the rights to common property, which is jointly owned by the members of the partnership, are lost. These are, for example, roads, water towers, sewers, waste collection areas. Therefore, a mandatory condition for leaving the partnership is the conclusion of a written agreement with it on the procedure for the use and operation of utility networks, roads and other public property. The agreement is concluded in the manner determined by the general meeting of members of the partnership. Tariffs under the agreement should not be higher than the same fee for members of a gardening partnership (clause 2 of article 8, clause 9 of clause 1 of article 19 of the Law of April 15, 1998 N 66-FZ).
Note. If the partnership refuses to enter into an agreement with you or inflates rates, you can appeal such actions in court as infringing on your rights.
In the Russian legal system, land legislation is one of the most developing sectors. Legislative work regarding the regulation of land relations is carried out tirelessly.
Particular importance is given to the zoning of territories and.
Division of land according to the method of its use
In accordance with the Land Code of the Russian Federation, it differs seven types of land according to intended purpose.
They have the following purposes:
In addition to a clear purpose, all lands have an officially designated purpose.
Depending on the permitted type of use, of which there are about three thousand, it is determined what activities can be carried out on a given land.
So the purpose of the land being sold may be as follows:
- SNT - gardening non-profit partnership;
- DNP – dacha non-profit partnership;
- Private household plot is a personal subsidiary plot (an anachronism left over from Soviet times).
Depending on the purpose, the advantages and disadvantages of each type of land are revealed.
SNT lands: how can they be used, their pros and cons?
The land plots of SNT and the lands of DNP are almost identical.
The use of such lands involves cultivation of crops, but if desired it is possible to use them for building a country house.
Pros of land in SNT:
- relatively low cost of the plot, much cheaper than private housing construction land;
- location outside the city limits, in a rural area;
- Possibility of use for growing plants without building a house.
Disadvantages of land in SNT:
- the difficulty of being located on agricultural land (the Constitutional Court of the Russian Federation recognizes the right of the owner of housing to permanent registration in a dwelling on SNT land, but in reality it is quite difficult and time consuming to fulfill this);
- the assessment of constructed real estate on SNT land will be low, since, regardless of its size, the building will be considered a country house;
- the difficulty of connecting communications to the site, and the arrangement is carried out at the expense of the owner;
- SNT lands are very rarely accepted as .
As a rule, SNT lands are located in more environmentally favorable and picturesque areas. Therefore, the only difference is often the higher cost of SNT land plots due to greater soil fertility.
Individual housing construction lands: how can they be used, their pros and cons?
Individual housing construction plots are considered the most prestigious land and they compare favorably with gardening and dacha construction. Typically they are used for the construction of residential buildings, cottages, houses.
Advantages of land for individual housing construction:
Disadvantages of land for individual housing construction:
- clear limitation of the site area;
- the need to ensure consistency of the construction project when constructing a house with certain services and organizations;
- obtaining a construction permit;
- the need to comply with SNiP rules and compliance with all GOSTs during construction.
Such lands are located within residential settlements, which increases their value compared to other lands.
Private household plot lands: how can they be used, their pros and cons?
These lands are, in fact, agricultural areas.
The difference between private household plots and SNT and individual housing construction plots is that they can be located both within populated areas - personal plots of land, and outside populated areas - field plots of land.
Garden plot land can be used for the production of agricultural products and for the construction of residential, industrial and domestic buildings in compliance with all standards and rules.
Field site The land is used only for the production of agricultural products and is not intended for the construction of any facilities.
When renting a plot from a gardening association, you must pay membership fees on an equal basis with the owners, and in the future you can privatize the land and become its full owner.
Tenant of the SNT site has the right to erect a garden house and utility rooms, but to register a residential building, ownership of the land and compliance of the building with residential technical characteristics is required.
If the purpose of acquiring a plot of land is not to grow agricultural products and the land is purchased for the construction of a residential building, it is preferable to choose.
In this case, you can count on the availability of the necessary communications, developed infrastructure and roads.
Despite the fact that individual housing construction lands have a higher cost, this is a very profitable investment.
Compared to other types of land, individual housing construction becomes more expensive every year, and if necessary, it will be possible to sell them for more than the original cost.
When purchasing land from SNT, individual housing construction or private plots, you need to carefully check all the documents that the seller has for the plot:
- availability of title and title documents for the plot and house (if any);
What is a gardening non-profit partnership? Who can be a participant? Reasons for leaving. What are the pros and cons of leaving the SNT (Gardening Non-Profit Partnership)?
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Today in the Russian Federation there are several types of organizational forms of ownership. Of these, we can distinguish commercial ones, which are created for the purpose of making a profit.
Their activities are entirely focused on generating income. But they should not be confused with non-profit partnerships.
Important aspects
The main task of non-profit organizations, societies or partnerships is not to receive money, but to solve social or economic problems.
Based on this, it is worth paying attention to the fact that despite the presence of cash flows that are present in the organization’s activities, they are not subject to taxes, since they do not have financial results.
One of such organizations is SNT, which stands for horticultural non-profit partnership.
It includes participants in facilities that include lands intended for the organization of horticultural lands. It is important that members of this organization, even separately, cannot receive income from their facilities.
What is it
According to the legislation of the Russian Federation, there is a legal definition of SNT. A gardening non-profit partnership is a form of non-profit association of citizens.
The relevant law provides for the goals of the formation of such organizations, which are to solve social and economic problems when conducting horticultural activities.
It is also important that the law provides for voluntary entry into and exit from a partnership. The formed SNT must be registered with the relevant authorities.
It must have documentation and keep records of incoming and used funds. All this will protect the rights of the partnership participants in the event of misunderstandings and litigation.
The main document of SNT is. It must be in writing.
The document stipulates all the conditions for participation in the partnership, making contributions, using property and leaving it. In the future, all decisions are made based on this document.
Who can be a participant
Today in the Russian Federation there are several forms of ownership. A variety of objects can act as property.
If a person owns a plant that, according to the regulatory framework of the Russian Federation, has been recognized as horticultural, he has the right to join a partnership.
As a rule, when creating a partnership, the participation of persons whose plots are connected by common communications is provided, since the creation of the partnership itself is partly aimed at improving and maintaining their condition.
Legal aspects
The horticultural non-profit partnership is a legal organization, therefore all processes related to its activities are regulated by the state through the application of the following legislative acts:
It is worth noting that these laws must be resorted to only in the event of legal proceedings. All internal issues in the organization are regulated by the Charter.
What are the pros and cons of leaving SNT in 2019?
As a rule, sooner or later a person in a partnership may need to exit. This procedure is regulated by the legislation of the Russian Federation.
According to this, having decided to withdraw, a member of the partnership draws up a statement in writing and sends it to SNT.
This usually has the following consequences:
As a rule, a member of a community leaves it on his own initiative. The reason for this may be a change of place of residence or type of activity.
Also, the reason for exclusion from the partnership may be a decision of the board. But this requires a justified, compelling, documented reason.
The following can be distinguished from them:
- systematic violation of the legal framework by the excluded person;
- violation of operating rules when using land;
- unauthorized change of site boundaries;
- ignoring the comments of SNT members.
The presence of the above factors must be documented. For this purpose, special commissions can be assembled and an act drawn up.
Exit order
If a member of the partnership independently decides to leave the community, the following process is provided:
If SNT has a need to forcibly exclude an object from the SNT lists, then this process is carried out in accordance with the norms and rules provided for and prescribed in the Community Charter.
Regardless of how the exclusion procedure takes place, its final stage is the drawing up of the above-mentioned agreement. The reason for this is the common property, which remains the property of SNT.
This includes the following means of communication:
- roads;
- sewerage;
- and more.
Having become a separate figure, the former SNT participant will be able to use all this only with the permission of the partnership and for a certain fee.
This is where the difficulty of exit lies. After all, whatever the reason for leaving, as a rule, SNT participants are reluctant to cooperate with those who left.
According to the law, they are obliged to make a proposal to conclude an agreement, but they are in no hurry to do so.
In this case, the person has the right to draw up and submit his draft contract for the use of communications.
Of course, in this case, the participants are unlikely to be happy with you as a partner, but they will still have to sign the contract.
Since, according to the law, in case of evasion from signing or inflating the cost of tariffs for the use of communications, the drafter of the contract has the right to go to court.
Stopping payment of contributions
After leaving the SNT, a person is not only deprived of his rights, but also released from his responsibilities. In this case, it is free from contributions of any nature provided for members of the partnership.
But in the case of using general communications, it must pay the amount in accordance with the concluded agreement.
It is worth noting that if the person excluded from the partnership has paid the contribution, the issue of refund depends on the method of calculating contributions.
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If payments are made a year in advance, then no refund is provided. In other cases, the partnership is obliged to return the remaining amount.
More detailed conditions and the possibility of returning the amount of prepaid contributions can be found in the Charter of the partnership.
How to make an application
As mentioned above, the state has not developed or established a standard form for drawing up an application for withdrawal from the SNT.
But when writing it, you should adhere to the following rules:
Remember that you need to make two copies of the documents. They must be absolutely identical in terms of wording and other text.
Advantages and Disadvantages
Regardless of the reason for leaving the partnership, this process will have the same consequences. The positive aspects include the following:
- reducing the cost of paying membership dues or fees;
- free choice of terms of use;
- exemption from control by the prefecture.
But this situation also has a downside. It is worth considering the negative aspects before deciding to leave SNT.
These include the following:
It is worth noting that the exit process is very long and complex in terms of bureaucratic issues. This is another disadvantage that you may encounter as you begin the exit process.
Please remember that full use of the land cannot be provided until all necessary paperwork has been completed to complete the exit process.
One of the organizational forms of ownership that provides for the use of land is a horticultural non-profit partnership.
This is a non-profit organization whose activities involve the use of agricultural land intended for the creation of garden lands.
If such lands are connected by communications, it is advisable for them to unite in a partnership.
The activities of the partnership are regulated by the legislation of the Russian Federation, which clearly defines the conditions for its creation, purpose and other aspects.
Ownership of a plot of land on the territory of the Russian Federation gives the owner the opportunity to use it at his own discretion, but strictly in accordance with its intended purpose. All lands are classified into seven categories, and this implies some restrictions on their exploitation. For example, farming is prohibited on the territory for individual housing construction (IHC). In addition, lands for commercial use are subject to higher taxes and require reporting documentation to be submitted to the tax authority.
Knowledge of such nuances allows citizens to purchase plots truly for their own purposes, since the wrong choice and ignorance of categories is always associated with a number of difficulties and can entail unforeseen and inappropriate financial costs from above.
At the legislative level, individuals have the opportunity to acquire land that belongs to populated areas or is in the agricultural category. Despite the fact that at first glance they have a lot in common, in reality you have to face the fact that they are still significantly different. We’ll look at what exactly and which plot is wiser to purchase for yourself later in the article.
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Garden non-profit partnerships
Gardening non-profit partnerships, also known as SNTs, just like horticultural consumer cooperatives and dacha non-profit partnerships (DNP), can be used for running dacha farms and building houses. The bulk of gardening non-profit partnerships are located on agricultural land, but this is not the rule. Some SNTs are located within populated areas.
The owner of a plot of land that is part of the SNT or DNP is allowed to erect non-residential buildings on its territory. The construction of a residential building is also not prohibited. On the one hand, the advantages of such real estate are obvious due to the wide possibilities of using the property, but significant disadvantages appear in the fact that after the construction of a residential building it is extremely difficult to register in it. Quite often, this requires going to court.
Despite this, in practice there are many cases where owners still managed to obtain registration in their house built on a SNT or DNP plot, not to mention the fact that such a right is fixed for citizens by law. In fact, the lands of a gardening non-profit partnership are very similar to objects for individual housing construction in terms of the rights granted and the restrictions imposed, but there is more than one difference.
Individual housing construction
Unlike SNT, DNP and other similar land uses, a plot intended for individual housing construction (IHC) has a wider range of rights regarding the permanent residence of citizens. It is much easier to start building a residential building on it, since you do not need to obtain permission for this. At the same time, there is a restriction that prohibits the construction of houses higher than three floors. In addition, they must be intended for permanent residence of only one family.
Based on the above, we can note the following advantages for which private housing construction land is better than DNP or SNT in terms of development:
However, regarding the last point, there are exceptions. For example, when a plot of land is on the balance sheet of the developer, and not the administration, that is, it has the status of a cottage. This state of affairs means that you will have to take part in joint investments.
Comparison table
In order to better understand what exactly is better in this or that case, which property to choose and finally decide whether it is worth transferring land from one category to another, it is necessary to carefully compare the main aspects of the difference.
| What's the difference | individual housing construction | DNP, SNT |
|---|---|---|
| Electricity supply | It is located within the boundaries of energy supply, sufficient power and volume, since it belongs to a populated area. | You can connect if there is a power line nearby. Connection occurs at the expense of the interested party, with possible restrictions on power consumption. |
| Gas supply | Often technical capabilities allow. In this case, the land owner is assigned partial costs and some benefits. | Connection is only possible if the gas pipeline is close. In this case, the costs are borne by the participants of SNT and DNP. |
| Water supply | There is almost always a connection to the central water supply. Or the supply occurs through individual wells, taking into account preferential payment. | Often there is one well for everyone, financed by the share contributions of the participants. |
| Sewage system | There is a high probability of connecting to a central system or installing an individual drain with fixed tariffs. | A single system in the form of a local cleaning septic tank with the same joint costs. |
A few more comparisons
There are other differentiating factors besides communication systems. Since the purpose of the territories is really different, their pros and cons are relative:
| What's the difference | individual housing construction | DNP, SNT |
|---|---|---|
| List of expenses | Property tax and utility payments based on a meter or a fixed tariff. | Property tax, payments for metered resources, annual membership fees, contributions for repair work. |
| Question with registration (registration) | Without obstacles and restrictions immediately when applying to the FMS | Possible only in exceptional cases, there are many legal obstacles. |
| Infrastructure | Developed infrastructure within close reach (roads, bus stops, shops, medical facilities, schools and kindergartens, etc.). | Infrastructure is often completely absent. |
| Other factors | Almost complete freedom of action in relation to your private plot of land. | Mandatory presence at meetings, implementation of decisions made by the majority, some dependence on the power of the chairman. |
If the participants of the partnership, which was created for the purpose of carrying out gardening work, know how to leave the SNT, and what the risks are, and the knowledge is based on the answers of lawyers, then it is quite possible to avoid the difficulties that arise due to a person leaving the association. Often, difficulties arise because the legislative framework regulating the area of relations under consideration is imperfect. In most cases, when the rights of partnership participants are violated, they turn to the judicial authorities for protection.
Exit from gardening
Most often, leaving a gardening association occurs for the reason that the tariffs set for energy resources are increasing significantly, the fees imposed on members are becoming prohibitive, and in addition, board members of gardening associations are wasting the collected funds on their own needs. At the same time, the person who made such a decision is thinking about how to leave SNT, and what the consequences of this will be in 2019.
The law, adopted at the federal level in 1998 under number 66, contains provisions regarding withdrawal from the SNT, in particular, it states that gardening participants, just like members of a gardening partnership, have the right to join and leave the education of their own free will. This rule also applies to non-profit dacha associations. However, we note that it is worth distinguishing between concepts such as “exception” and “exit”. In both cases, you need to know what grounds for termination of membership must be met. So, when expulsion from a partnership occurs, such a decision can be made only at a meeting at which all members of the association participated. A participant who has independently made the appropriate decision is considered to have left. It does not matter how many years a person has been a member of gardening.
Often, the participants of a partnership have a question: is it possible to leave the association in the case where the property has a plot of land located in gardening, the answer to which can be in the affirmative. That is, in a situation where a citizen has property rights regarding a plot of land listed as gardening, this is not a reason for the impossibility of leaving the association. The consequences of termination of membership in the partnership cannot affect the rights regarding the land plot. Members of the gardening board cannot refuse a participant to leave the partnership due to the fact that he has property rights to the land; if this happens, then it is necessary to protect his own rights.
What order is established
Important! Please note that there are several ways to submit an application. In particular, you can personally hand it over to the chairman of the association, but it is required that the second copy bear a mark of receipt. You can also use the services of the Russian Post by sending an appeal by registered letter with notification of delivery.
If you choose the option of delivering the document in person, then keep in mind that you need to prepare two copies in advance, the second one remains with you in case you need to contact the judicial authorities. This will be proof that you contacted the board. The person who accepted your application must leave his signature on your copy, its transcript and indicate the date the application was received. You should not count on the fact that the partnership is run by conscientious people, most often this is far from the case, so protect yourself as much as possible. Also keep in mind that the date that will be indicated on your copy as the day the application was received will be decisive for determining the day when participation in the partnership will cease. After the document is submitted to the board, you need to start concluding an agreement that addresses the issues of agreeing on the conditions that are important when using utility communications. It will not be possible to avoid this process, since it is directly provided for by the rules of law in force in the area in question. In this situation, horticulture boards can abuse their position in the following ways:
- the prices set for the use of the partnership’s property are inflated;
- The chairman may refuse to conclude the said agreement or evade it.
All controversial situations that arise in this case will be resolved by filing a complaint with the court.
Targeted contributions
Only after the above documents have been completed successfully can the process of leaving the partnership be considered completed. It is worth paying attention to the existing nuances before you plan to leave the association. In particular, please note that upon exit you may be a claimant on part of the horticulture property that was acquired by it using funds contributed by the participants, respectively, and you. In addition, you are assigned the right to return part of the funds that were invested in the activities of the partnership. However, this opportunity is provided only to those who leave gardening before the end of the period for which they have already contributed money to the board. You can declare your intention to exercise your rights when submitting documents related to leaving the association, or you can write a separate statement that concerns the exercise of rights.
Please note that the current laws do not specify a time limit within which the board must consider your application. It is also not indicated what decision should be made by them based on the results of its consideration. However, there is a rule according to which the date on which the chairman receives the sent application is considered the day of your retirement from gardening. It does not matter what the results of the consideration of the application will be. It is also indicated that this period cannot be more than one month.
Leaving SNT has its pros and cons. In particular, the advantages include the fact that after exit there is no need to pay established fees, there is no need to fulfill the requirements specified in the statutory documents, and you also do not have to carry out the decisions that were made at the meeting. Negative consequences include the fact that you do not have the opportunity to use the common property of the association, cannot be elected to the board of directors and are deprived of the opportunity to be a member of the partnership.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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