Buying a house in SNT (garden non-profit partnerships): pros and cons. The procedure for withdrawing from the SNT and the legal consequences of this Exit from the SNT pros and cons
People planning to engage in subsidiary farming, move to private house, purchase a cottage, when choosing plots, they are faced with the concepts of SNT, DNP, DNT, IZHS. The abbreviation means legal schemes for the acquisition and ownership of land plots and the construction of a low-rise private. For the future land user, it is extremely important to understand what SNT, DNP are, to understand all the nuances and choose the option that suits you.
What forms land plots provided by law? Photo # 1
In fact, individual housing construction is just a form of permitted use of land in the Russian Federation, legal and legal status allotment, as well as the option of providing the population with housing.
IZHS - individual housing construction.
The legal concept involves obtaining ownership / possession of a plot of land for the construction of a residential building on it at the expense of the owner with further possibility.
The following laws regulate the procedure for individual housing construction:
- Urban Development Code;
- Land Code;
- Civil Code;
- Federal Law No. 221 "On the State Real Estate Cadastre".
Individual development can only be carried out on land settlements(cities, urban-type settlements, rural settlements).
Wherein:
- a private house is being built in strict adherence to construction SNiPs, work begins with obtaining a permit;
- the area of the site must fit into legal norms.
Types of non-profit associations of owners
Voluntary associations of land owners with or without buildings. Photo # 2
What is SNT, DNP, DNT? According to Article 4 of Law 66-FZ, this is already a way of voluntarily uniting the owners of land plots with or without buildings to exercise the rights to obtain and own land, maintain economic activity etc. Legal aspects of the activity:
- exist in the form of partnerships, cooperatives, partnerships;
- endowed with the status legal entity with state registration;
- activity is based on the Charter of the organization; management - by the election of the board and the chairman;
- non-profit associations have the right to have common property, financial resources on balance.
In practice, the expression "DNP lands", "SNT lands" is applicable. This happened due to the fact that the permitted use of the owners' lands is of decisive importance for the choice of the association. In this regard, the types of associations have the following features:
- SNT is a garden non-profit partnership. Located exclusively on destination lands;
- DNP is a dacha non-profit partnership. Created within the boundaries of agricultural land, as well as settlements. The common property of the organization is owned by the legal entity;
- DNT is a dacha non-profit partnership. It differs from DNP in the form of ownership of common property. If it was purchased for the contributions of participants, then it is the property of the members of the partnership; when the money of the society's special fund was invested, the property falls into the ownership of the legal entity. The category of permitted land is similar to the situation with a dacha partnership.
The activity of dacha and garden associations is regulated by the law 66-FZ "On garden non-profit associations citizens ".
Which is better - SNT or DNP?
There is no definite answer, since a lot depends on the goals of the future landowner.
If a person plans to purchase for a subsidiary farm, you should pay attention to SNT. This category contains the most fertile soil... It is permissible to build a country house on the territory, which is quite suitable for permanent life, to issue in. But you won't be able to register in it.
Countryside partnerships are characterized by better infrastructure. They make it possible not only to build a building and register it in the USRR, but also to receive a postal address with permanent registration of the owner.
Pros and cons of IZHS
What is a plot for individual housing construction? Photo # 3
IZHS lands are the “cream” of private housing construction, since they are located within the settlements. Excellent infrastructure of the area, availability of technical communications, well-developed transport routes - what else could a homeowner dream of.
There are other pluses:
- The erected private house, cottage or mansion receives an individual mailing address. Therefore, there are no problems with registration. Delivery of correspondence to the address is possible.
- Formal residence provides the entire “package” of social benefits. You can find a job according to the Labor Code of the Russian Federation, "assign" to a district clinic, identify children in Kindergarten or a school in the neighborhood of residence.
- Arrangement of technical communications is carried out through centralized city or village networks.
- This structure gives a tax deduction.
- You can apply for a full range of loan programs. Banks willingly lend secured by private houses for individual housing construction.
- Registration of social benefits, participation in state programs to support the population is available.
The costs of private households on the land of individual housing construction:
- Feel the "closeness of nature" in all its glory will not work. Plots are provided of a limited size (each subject has its own standard), where you can only "break" a flower garden, arrange a couple of paths, and install a gazebo.
- Obtaining a building permit, approval architectural project other organizational issues extremely time consuming and time consuming. Completion of construction requires a procedure for putting the house into operation: and good. If the builders did not violate the norms.
- The owner will have to think about cleaning the local area, maintaining the building and the site on his own. Meanwhile, responsibility for the improper maintenance of property that poses a danger to others is not removed from him.
Pros and cons of DNP
Construction of a country house on the lands of the DNP. Photo No. 4
After the amendments made to the land legislation, it is allowed to build a summer residence on the land of settlements, which actually equated the DNP with the individual housing construction. But some conventions are still in effect. What are the advantages of the land in the DNP?
- Low cost in comparison with other forms of associations;
- the possibility of living in a more favorable suburban area;
- if the site is located on the lands of settlements, it is possible to assign a postal address and officially;
- the partnership gives the land owner the right to participate in community meetings, make proposals to the organization of activities and make decisions;
- when registration is not in the plans, it is possible not to carry out an examination of the building. Convert it to the category of living quarters.
Disadvantages of land in a dacha partnership:
- If the land belongs to farmland, you can cultivate garden plants and build a summer cottage here. It is very problematic to acquire a capital cottage for permanent life outside the city.
- On the other hand, you will not be able to limit yourself to a vegetable garden or a garden. According to the law, the construction of a subsidiary country house with registration of property in the Unified State Register is mandatory.
- The DNP lands are outside the area of responsibility of the authorities for the development of these areas with infrastructure and communications. It is possible that the house is not supplied with gas, electricity, water, and there are no roads. It is not forbidden to equip all this at your own expense. However, the cost of the work is comparable to the cost of purchasing the site.
- Since social facilities are also not provided, it is possible to visit a doctor or send a child to school in the nearest village.
Pros and cons of SNT
Advantages and disadvantages of SNT lands. Photo No. 5
SNT lands are designed to occupy agriculture for personal purposes: garden, vegetable garden.
Advantages of garden holdings:
- cheaper than individual housing construction;
- this category contains the most fertile areas;
- located in the most picturesque areas with favorable ecology;
- it is enough to confine oneself to the cultivation of vegetables and fruits in order to use the land for its intended purpose. It is not necessary to "build".
Restrictions. They directly follow from the positive aspects:
- the market value of the fertile plots of SNT is higher than the dacha plots;
- considerable remoteness from settlements and modern goods: hospitals, educational institutions, objects of consumer services;
- lack of road junctions or their poor condition;
- a capital house on the site will be officially recorded as a summer residence, which directly reduces its assessment;
- it is almost impossible to get permanent registration.
SNT, DNP, IZHS: what to choose?
Which is better: SNT or plots for individual housing construction. Photo No. 6
As they say, the taste and color of a friend is not. The main thing is not to be disappointed in such a serious acquisition. Any allotment will be needed and useful if its owner has clearly weighed all the pros and cons and decided on the tasks of land use.
If a garden or plot is purchased for seasonal living, then the owner will receive all the delights of suburban life. On the table there will be vegetables and fruits grown by your own hands without chemicals, around - the cleanest air and mesmerizing landscapes.
Wealthy owners need not be afraid of the lack of amenities and carry out communications at their own expense.
If the land is located where even “Makar didn’t drive calves”, you need to think about how to get there, in what condition the access roads are. If you have transport, you can try on the life of a "hermit".
More and more citizens are inclined in favor of IZHS today. Here you should weigh your strengths on the further maintenance of the property. Needless to say, this is costly in comparison with. Let the business take its course - in 15-20 years the house will turn into dust, but it is too burdensome to direct every free penny to maintain the site and structure.
How to translate SNT to IZHS?
The procedure for transferring SNT land to land for individual housing construction. Photo No. 7
The law provides for such an opportunity. The purpose of the transformations is to annex the allotment to the lands of the settlement. To do this, the owner will need to draw up a petition to the municipal administration with the attachment:
- The identity document of the applicant;
- Confirmation of title to and construction on it (cadastral extracts, USRR certificates).
The list is not exhaustive and additional paperwork may be required. 2 months are allotted for the decision on the issue. In case of a positive result, the owner is issued an act of transfer, in case of refusal - a legal justification.
In practice, it is extremely difficult to implement the plan. Municipalities may refuse due to the impossibility of expanding the boundaries of the settlement, legal restrictions.
Charter and contributions to SNT
Joining the SNT implies the payment of membership fees (Article 19 of the Federal Law No. 66).
Types of contributions, payment procedure
Contributions are paid:
- at a time when registering for a partnership;
- on a regular basis (annually, quarterly).
At the expense of the proceeds, SNT develops the infrastructure of the general, conducts the current and overhaul communications.
The amount of payments is calculated according to the norm established in the SNT per unit of land area. Thus, the amount of financial obligations of a citizen directly depends on the size of the site.
Rights and obligations of a member of a garden non-profit partnership. Photo # 8
Charter - the main document of SNT
- information about the partnership;
- the rights and obligations of the association;
- joint property, the procedure for paying contributions;
- managing body of SNT and its competence;
- monitoring the activities of SNT;
- organization of a special fund;
- terms of reorganization.
Compiled in writing and approved by the general meeting of members of the SNT.
Summing up the pros and cons of acquiring DNP / DNT plots in the territories under individual housing construction, until recently we would have said: of course, individual housing construction. But after permission to give land to settlements for dacha partnerships, priorities shift in favor of dacha partnerships. True, with the condition of the location of the DNP on the lands of settlements.
In this case, the allotment is cheaper, possibly housing with subsequent registration.
You can watch the video about the legal intricacies of choosing land plots for individual housing construction:
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24 Dec 2016 111Buying a house in a modern suburban village is not a cheap pleasure, not available to everyone. A good alternative is to buy a house in SNT (garden non-profit partnerships) located near the city. Such a purchase will be much cheaper, and the house can be used not only as a summer residence or for permanent residence- in terms of its operational characteristics, it is in no way inferior to housing in an expensive suburban village. However, life "in the country" has its pros and cons.
House with windows to the garden: the advantages of housing in SNT
The Garden Non-Profit Partnership is a settlement formed by the owners of summer cottages on a voluntary basis. V Soviet era such partnerships were massively formed throughout the country, and in the Krasnodar Territory in particular.
The people received the coveted six hundred square meters at work or at the place of residence, planted vegetable gardens and orchards, built small houses from scrap materials. After the collapse of the Soviets, many privatized their plots as soon as the opportunity arose, small panel houses were demolished, and quite solid houses were erected in their place.
Later, when the boom of suburban real estate began, people began to sell their former summer cottages - their own land, excellent ecology attracted many buyers.
But the main reason why garden houses in SNT began to be actively in demand is a completely affordable and lifting price. For example, the difference in the cost of a house near Moscow in a cottage village and in garden partnership may differ by 1, 5-2 times. In Krasnodar, prices do not differ so much, but you can still save several hundred thousand.
You can also buy a plot with a house in SNT for the following reasons:
- low tax on land allocated for garden and agricultural land;
- reduced tariffs for utility bills;
- relatively low maintenance costs of the house;
- environmental friendliness of the area where the site is located (as a rule).
The cost of maintaining such a house is minimal - in some communities they do not exceed 1,000 rubles per month. In others, you will have to pay for amenities: cleaning of the territory, security, maintenance of infrastructure, regardless of the number of residents. It is also worth considering that in countryside utility bills are much lower than within the city: you will be much cheaper to pay for electricity and gas, but with water it can turn out just the opposite.
What affects the cost of housing?
One of the main factors affecting the value of a house in SNT is the presence of central communications. Since many people refuse to view plots without gas, realtors go for a trick: they call those plots of land gasified where communications are only going to start. Therefore, you need to be on the lookout and check all the documents thoroughly. Do not hesitate to ask for information, clarify and ask again - you are buying a house.
The presence of a centralized water supply system is another condition. If the buyer plans to live in the house permanently, then without a stable supply of water, as they say, neither there nor here ...
If there is no water supply, and you really like the site, then your own well may be the solution. Individual septic sewage system (popularly - a septic tank) solves the problem in water disposal. Drilling a well will cost about 30-50 thousand, installing a septic tank - another 40 thousand rubles.
Of course, you will have to take care of all this, for example, regularly pump out a septic tank, but then you will not depend on the quirks of utilities.
You should also pay attention to the development of local infrastructure. Perhaps, for some people, shopping for groceries in the city is more convenient and familiar, but for pensioners it will be extremely difficult to get to the store several kilometers away. Convenience of transport interchange is an important point affecting the comfort of living, and, accordingly, the cost of the house.
The nuances of buying a home in a partnership
If you are going to buy a house or a plot in SNT, you should pay attention to the possible pitfalls of such a purchase. First of all, you should check the documents - all the nuances should be spelled out in them.
Cases when the owner has completed something or changed the area of the premises, and "forgot" to reissue the documents, are not uncommon. For the new owner, such inattention will result in a lengthy re-registration of documents. In addition to the title deeds, it is also important to check the property for encumbrances. To do this, you need to ask the seller to provide an extract from the USRR. You should also ask the seller for a certificate of the absence of debts on utility bills.
Another difficulty faced by buyers is the lack of land surveying. After completing the procedure for delineating plots, the new owner can receive a smaller plot of land, while paying for a larger area land plot... In order to avoid trouble, you can ask the seller to officially limit the site before the sale - this procedure takes about 2 months, but not all sellers agree to this.
What should we build a house: construction of housing in SNT
Many people believe that it is easier and cheaper to buy a plot of land in a partnership, and build a house yourself. There are many advantages to such a solution - firstly, it will be your house, just the way you want it.
Secondly, it is still easier to buy and register land. But even when building a house on your own, you should take into account a lot of nuances. For example, to worry about obtaining permission to build a house in SNT. If the house is no higher than three floors, and is built at a distance of more than three meters from the neighboring plot, then by law there is no need to issue permits.
If you are going to build a large mansion, then you will have to walk through the authorities. It should be remembered that building your own house can take several years - you need to dig a foundation pit, lay the foundation, wait until the house sags. Again, you need to build not from a breeze, but according to the project and be sure to take care of the safety of the building - after all, you live in it. You will either have to order a project from professionals, which is expensive, or independently figure out what size the floor beams and load-bearing walls should be.
As a result, funds for construction will go no less (in most cases and more) than for the purchase of finished housing. Therefore, you should not flatter yourself about the fact that building a house on your own will help you save money.
Features of registration of a "country house" in 2017
Federal Law No. 93-FZ "On Amendments to Certain Legislative Acts Russian Federation on the issue of registration in a simplified manner of citizens' rights to certain real estate objects ", called" dacha amnesty ", allows you to register ownership of those objects that are on the privatized site, according to a simplified scheme. According to this law, the design of a house in SNT can be performed upon construction. But keep in mind that if the owner hesitates for a long time whether to register housing or deliberately ignores this procedure, he will be fined 4,000 rubles, followed by an urgent order to register it.
Another point: in 2017, due to the changes made to the law, the registration of a country house in SNT became more difficult and time-consuming.
Previously, when registering housing in partnerships, it was enough only to fill out a declaration, now they have ceased to believe "on the word". The property holder will be required to provide a technical plan of the building, which can only be drawn up by licensed professionals (you need to contact the BTI or private firms).
In order not to become a victim of fraudsters, it is worth making sure that the specialist is a member of an organization that has the right to perform such work (a list of licensed organizations is given on the official website of the territorial cadastral service). The cost of drawing up a technical plan is 8,000 rubles, you will have to wait up to 10 days.
To register a building in ownership, you will also need the following documents:
- owner's passport;
- a document confirming the right to own land;
- technical plan;
- check for payment of state duty;
- cadastral plan of the site.
Refuse to register a house in SNT on legal grounds may in cases where the provided data on the area of housing or the boundaries of the site differ from those declared in the cadastre documents. Or if the authenticity of some of the declared data raises doubts at the registration authority. In this case, it is necessary to prove the authenticity of the data using additional documents or to make corrections and start the procedure from the beginning.
Difficulties of registration
Those who decided to buy a house, a plot in SNT for year-round living, must also have a residence permit. In order for you to get the coveted stamp in your passport, the house must meet a number of conditions:
- must be ownership of housing and land;
- the house must be registered as a residential building;
- all necessary communications are required, which ensures the possibility of year-round living in the house;
- the farm must be assigned a postal code.
In practice, it is not difficult to register in SNT if it turns out to prove that the house is suitable for year-round living. This requires the decision of a specialized commission created by municipal authorities.
If the new owner delays with the registration, he may have problems with the school, kindergarten, medical care, pension. In addition, do not forget that the absence of a residence permit or temporary registration for longer than the period specified by law entails administrative responsibility and is punishable by a fine.
Each method of acquiring real estate in gardening partnerships has its own pros and cons. But whatever you decide - to buy a house or build - you should remember that the “dacha amnesty” procedure has been extended only until March 1, 2018, so it is better to hurry with the choice. Our portal has up-to-date information about the most popular SNT near Krasnodar, you can compare housing prices, get advice independent expert online or at a meeting in the office.
Many Russians own orchard plots in cooperatives and partnerships, using them as places for growing vegetables and fruits, as well as for recreation, summer barbecues and going out into nature.
However, being a member of SNT, the owners of the land plot have to not only systematically pay membership fee, but also to comply with the charter and the requirements of this partnership. Not everyone likes this, and therefore some citizens are interested in the possibility of leaving SNT in order to be completely free in terms of their activities.
Fortunately, today, leaving the SNT is quite possible, since according to the law, no one can forbid a person to leave the gardening partnership if he wants to.
Before you take an exit from SNT, you should carefully analyze all the pros and cons of such a step, since this is the only way to make a decision competently.
The most important advantage is that by performing a voluntary withdrawal from SNT, a person has every right to achieve the transfer of his land plot into private ownership. This provides ample opportunities in terms of full disposal of land, including transactions of exchange, sale, donation and bequest.
This exit from SNT also gives the prospect of building a private house and the possibility of year-round official residence on the land (with permanent registration).
Speaking about leaving SNT, the pros and cons of which are due to legal factors, it should be noted that in fact there are no shortcomings and negative consequences.
The only thing is that after leaving SNT, a person loses the right to participate in meetings of members of the cooperative, cannot influence the decisions made, cannot be elected to the management of the partnership.
However, in modern conditions these are rather not minuses, but pluses, since the owner of the land plot becomes more free in terms of his actions, no longer depending on the requirements of the Charter of a garden non-profit partnership.
How to leave a garden non-profit partnership - what needs to be done
The first thing that needs to be done after making the final decision on leaving SNT is to write a statement about leaving SNT addressed to the chairman of the board of the partnership.
As a rule, this is done in an arbitrary form, however, in some cooperatives, a specially designed form may exist for this, which should be inquired about in advance with the secretary.
Usually, the application is written in two copies, one of which remains with the applicant, and the second is submitted to the chairman for approval.
If we talk about how it is legally correct to leave SNT, then it is imperative to wait for confirmation of the exit, which occurs after the document is signed by the chairman of the cooperative.
However, practice shows that after submitting an application, people usually do not wait for a decision, but act at their own discretion. After all, the exit is a voluntary matter and no one can force a person, against his good will, to be a part of SNT.
Sometimes there may be an agreement on withdrawal from SNT, a sample of which hangs in the office of the partnership, which should be borne in mind.
Forced exit from SNT - the consequences of such a decision
Sometimes the exit from SNT is initiated not by the owner of the land plot, but by the chairman of the board, which occurs in the event of a constant violation by a member of the CIS of the charter or rules for using the land plot.
Speaking about what the exit from SNT threatens in case of not processing your site, it should be noted that even the seizure of a land plot from a person.
We must not forget that until the land is registered as private property, it is considered to belong to a gardening partnership, which has the right to exclude an unworthy person from the SNT members and transfer his land to another person.
In such cases, the exit from SNT ( arbitrage practice which is carried out in the courts of general jurisdiction) can lead to the fact that the violator of the Charter simply loses the right to use his site.
Thus, it is best not to quarrel with the chairman and members of the cooperative, but to fulfill duties with dignity, paying membership fees on time and observing the charter.
In this case, an application for withdrawal from SNT, a sample of which is usually held by the secretary, can be written at will by the user of the site in order to transfer his land to his private property.
Pros and cons of leaving SNT
In principle, leaving SNT does not entail any negative consequences, unless the person wants to be elected in the future as the chairman of this gardening partnership.
However, here it is important to keep in mind such a nuance that after leaving the members of the cooperative, a person, in fact, loses the right to use common communications (electricity, central water supply).
For this reason, the owner should definitely conclude an agreement with SNT after leaving SNT, which will give him the right to continue to use the existing communications. So, when answering the question of whether it is possible to leave SNT, one should confidently give a positive answer, since there are no legal prohibitions on this.
Source: https://100Yuristov.com/cat/zemelnoe-pravo/vyhod-iz-snt/
How to quit SNT: the pros and cons of membership
Literal transcript SNT - garden non-profit partnership. It is created by bringing together interested citizens to address specific issues related to gardening.
Each SNT chooses an individual name for itself and is obliged to register its activities in accordance with the procedure established by the current legislation, and only after that start its direct activities.
Before registering an association, the members of the partnership draw up and approve statutory documents, elect a chairman. To become a member of SNT, you must have a land plot in a specific area.
After joining the society, its members must not only participate in meetings, but also pay membership fees, which will keep the entire territory in a condition worthy of use.
The concept of "site in SNT"
A land plot in SNT is understood in completely different ways by the legislator and among the people. Normative acts consider the term "land in the SNT" as territories that are in common use, roadways, ditches, that is, serviced at the expense of contributions and belonging to the members of the association on the basis of common joint ownership.
At the household level, people define the concept of land in SNT as a plot that is owned, and garden and horticultural work is carried out on it.
Peculiarities
The tradition of acquiring land plots for horticultural needs appeared in the middle of the last century, it was then that most of the population acquired summer cottages.
Therefore, looking for land for yourself, you should understand that the contingent in the partnership will be motley.
All current and global issues will be discussed and resolved at general meeting, and if old people and young people live nearby, it will be quite difficult to come to a common opinion.
If the association was created recently, then you should know that you will have to install communications and build infrastructure at your own expense, but the cost of the plots is not high when compared with the same DNP. Do not forget that you will have to pay regular membership fees, although such payments rarely exceed 1,000 rubles.
Leaving a garden non-profit partnership
There are different situations in life, and the land owner sometimes faces the question of whether it is possible to get out of SNT.
There is a certain algorithm for withdrawing from the membership of SNT, which should be followed:
- draw up a statement of withdrawal from the association in any form;
- transfer to the chairman of SNT;
- this completes the exit procedure.
Naturally, it is better to familiarize yourself with the documents of title, the exit procedure should be spelled out in detail in the Charter. By general rule, the date of withdrawal from SNT membership is the day of submission of the corresponding application.
Application requirements
To the question that often sounds on the forums "I want to quit SNT, what to do, where to start?" - the answer is very simple: fill out an application and leave the partnership.
To confirm the submission of the application, two copies must be made, one of which must be marked by the chairman of receipt. It is this option that should be left to the applicant.
If there is a conflict with the chairman, then so that there are no questions about how to leave SNT, the application can be sent by mail. Be sure to issue it by registered mail and with a notification so that confirmation of receipt of the document remains.
Sample application
During the existence of garden partnerships, a certain practice has already developed on how to get out of SNT, how to draw up a statement.
A sample application form is presented below.
To the Chairman
SNT, name
FULL NAME. member of the partnership
Land No.
STATEMENT
Please exclude me from the SNT (name) society. At the same time, I ask you to take the following steps:
- recalculate my share in cash or in kind;
- conclude an agreement with me, on the basis of which I can use and operate common property (you can list the road, engineering networks, etc.);
- make a reconciliation of settlements between me and SNT.
Date. Signature.
Compulsory termination of membership in a partnership
Not in all cases "parting" with society occurs on a voluntary basis. In a number of situations, a member of the SNT is excluded by the decision of the meeting of all participants:
- if one of the members of SNT violated the norms of the current legislation regarding membership in the partnership;
- violations by the excluded member are intentional and systematic;
- if the participant was given an order to eliminate certain violations, but he did not do it.
The procedure for forced exclusion should also be described in the articles of association of the partnership.
Agreement on the procedure for the use of engineering networks and other property of the partnership
If one of the members of the partnership wanted to leave SNT, then he must understand that now he will not have rights to the common property. It includes:
- electrical communication poles, KP;
- sewerage and drainage system;
- roads.
It is clear that without all this it will be quite difficult to garden on your own.
However, the legislation is on the side of such persons and obliges the management of the partnership to conclude an agreement with the one that left SNT on the joint exploitation of property. In practice, not all chairpersons are in a hurry to propose a draft treaty to an outgoing member for consideration.
Although it is beneficial to both parties: the society will receive additional income, due to which it is possible to reimburse the costs of maintaining communications.
A person who has quit society will feel calm, exploit all communications on the same terms, perhaps only with an increase in the cost of such services.
If the company has not sent or transferred the draft agreement for consideration to the former participant, then the latter has the right to draw up it independently.
Fortunately, you can always find sample sample, adjust it to fit your needs and send it yourself to the SNT management.
In cases where the chairman of the company does not respond to a written appeal, then the withdrawn participant has the right to appeal to the court for the protection of his rights.
You can also apply there if, nevertheless, the draft agreement has been submitted for consideration, but it has very high tariffs or provisions that contradict the norms of the current legislation.
Consequences of canceling membership
The procedure for getting out of SNT is quite simple, but, like any action, it has its consequences.
Former members of the partnership may have problems, for example, they temporarily do not have the funds to pay under the contract for the use of communications.
In this case, the board of SNT has the right to restrict access to them, to charge interest on delays until the debt is fully repaid.
If the former member of the partnership does not pay off the debt, the partnership has the right to file a claim in court and recover from such a person the entire debt with all legal costs and penalties.
After the decision to withdraw from SNT membership, the former member of the society will be deprived of the right to participate in meetings, will not obey the requirements of the charter, there will be no need to pay dues, such a person will not be able to become a member of the board.
Naturally, when concluding an agreement on the joint use of communications, it will allow you to freely operate them for a certain fee. But besides the question of how to leave SNT, another one appears - how much will you have to pay under such an agreement? In fact, there is no need to be afraid, the size of the fee cannot exceed the amount of contributions paid by the members of the partnership.
In principle, this is all that can bother a person if he wants to get out of SNT (we considered the pros and cons).
What will happen to the site after leaving the partnership?
There are two cases in which a member of the partnership uses land:
- without registering it for yourself;
- having issued all the rights.
Most members of society, before leaving SNT, formalize their ownership of land. Even if this is not done, the board of the partnership cannot refuse to transfer the land to the possession of the former participant, such acts can be regarded as a violation of the current legislation. In such a situation, the former participant has the right to go to court.
Joint property
Before leaving the SNT members, the participant paid membership fees. They should be directed from all participants to the acquisition of property that will contribute to the normal operation of all communications.
After leaving the partnership, the former participant has the right to his share in the common property. The procedure for calculating such payments should be determined in the statutory documents.
Refunds can be made in cash or in kind.
"Struggle" for electricity
Some partnerships practice power cuts as a form of enforcement of membership fees. Moreover, the task is simplified if an automated energy metering system is installed. But you should know that the SNT board does not have the right to stop the supply of electricity, since the partnership is not an energy supplying organization.
The reasons for the shutdown can be found out from the neighbors and the chairman himself, if this is really a decision of the board, then you can safely prepare a statement to the police, and then feel free to go to court. The trial lasts at least 2 months, and if it also happens regularly, at least 2 times a year, then you will have to look for another way out of the situation.
Usually the question is raised about how to get out of SNT by electricity. Indeed, in practice, such an option is possible, but on condition that there is a technical feasibility. You will have to go through a lengthy procedure and pay a lot of money, but never depend on the decisions of SNT.
To begin with, an application is submitted to the nearest power supply company for technological connection.
Attached to it is a plan for the location of power receivers, you may have to draw up a project, although not all companies put forward such a requirement.
Documents of title to the land plot and structure, documents confirming the identity of the applicant or an authorized person with a power of attorney must be attached.
At the second stage, the energy supply company issues technical conditions, the validity period of which cannot exceed 2 years.
The work to be done up to the applicant's site is carried out at the expense of the supplying company. After that, they are examined for compliance with technical conditions.
After the technological connection takes place, the consumer receives an act of delineating the balance sheet and an act of conducting technological connection... Then the contract is drawn up, and the person is completely free from SNT in terms of the consumption of electrical energy.
Analyzing the above, no one should be tormented by the question of whether it is possible to get out of SNT. It is possible, the procedure is simple and does not entail depressing consequences for the "individual", conducting gardening activities on his site.
Not all Russians have the opportunity to rest or live outside the city on their land plots.
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About a quarter own or use land plots for individual housing construction or SNT. What's the difference?
Classification of land plots
What is IZHS? This is individual housing construction - this is a form of use and ownership of land plots, which implies the construction of real estate on them at the expense of citizens' personal funds.
It is allowed to build objects on such sites capital construction with a height of no more than 3 floors.
The land can be allocated both within the city limits and on the territories of garden and summer cottage associations and cooperatives. But legal regulation categories of land are different.
SNT - a garden non-profit partnership is an association of persons with the aim of achieving various gardening and summer cottage issues.
SNT, as a rule, are located on agricultural land, and plots for individual housing construction - on the land of urban settlements.
Appointment
In order to understand what is the difference between IZHS and SNT, it is necessary to compare the legal status of IZHS and SNT? All lands have a specific purpose.
Lands of urban settlements have the following purpose:
- Construction of residential buildings.
- Providing communications to the population.
- Transport destination.
- Location of farmland.
- Other.
Lands of urban settlements are intended:
Construction on such sites is allowed only with a special document - and all buildings must comply.
Agricultural lands are intended for:
It is possible to build SNT on the lands, but only those buildings that are not intended for year-round living, do not have central communications and do not meet the requirements for living quarters.
Purpose of Acquisition
A plot for individual construction is purchased, as a rule, for permanent residence, for the construction of a capital construction object.
Video: choosing a land plot
The secondary reason is farming, gardening, animal husbandry and horticulture.
A plot in SNT, as a rule, is acquired in order to have a place to go to rest in the summer, for breeding beds and growing crops.
Building a house is a secondary reason.
Which is better - IZHS or SNT?
Before figuring out which is better - SNT or IZHS, you need to find out for what purposes the site is being purchased.
If citizens want to have a "country residence" in which they can live in winter, in which there are all the necessary communications and infrastructure, then they need to acquire a plot for individual housing construction.
You can also grow vegetables or fruit trees on it.
If the main goal is the cultivation of crops in the season, then you need to buy a plot in SNT.
The rights and obligations of the owners of both types of plots are the same.
What is the difference?
There is a difference between land designated for individual construction and land designated for gardening and dacha associations. What is the difference between SNT and IZHS land?
It is as follows:
| The plot for individual housing construction is located, as a rule, within the municipality city or urban settlement | and the land under SNT can only have agricultural purposes |
| Land for individual housing construction can be used for the construction of a residential building, the number of storeys is not higher than 3 | on a summer cottage, you can only build a country house |
| On the plots of individual housing construction, you can issue a permanent one without any obstacles. | on the site in SNT, you can only issue a residence permit, but for this it will be necessary to recognize the building as residential and |
| Plots for individual housing construction, since they are located within the boundaries of an urban settlement, are subject to improvement at the expense of the local budget | the infrastructure around the site is also being developed at the expense of the local budget. SNT, on the other hand, develops entirely due to the contributions of its members. |
Advantages and disadvantages
The land for individual housing construction has its own advantages:
| Some privileged categories of citizens | have the right to receive a plot of a certain area completely free of charge and most often, such plots are located within the boundaries of the municipality |
| Improvement of the site itself and adjacent territories | occurs at the expense of the budget of the municipality |
| Registration in the house under individual housing construction | allows you to store weapons and other items for storage of which you need a special permit |
| The presence of all engineering communications in the municipality itself | which allows you to connect the site to them in a simplified manner, and at the expense of the local budget |
But there are also disadvantages. It:
| If you buy a plot, then it market price high enough | when buying a plot, you must win a tender |
| Property tax | since it is calculated from the cadastral value, and it is quite high for plots belonging to urban settlements |
| Area limitation | they are different in each region - minimum and maximum sizes are set |
| Within 5 years, a structure should appear on the site | otherwise, it can be forcibly redeemed by the state and resold to another trustworthy owner |
| The site and buildings on it must comply not only with the norms of housing legislation, but also | illegally built buildings are considered unauthorized construction, which leads to their demolition and payment of a fine |
Land under gardening partnerships also has advantages and disadvantages.
The pluses include:
But there are also disadvantages:
Price and risks
The price of a suburban area is significantly lower than the price of a plot intended for individual construction.
Even if the area of the plots is the same, the price difference will still be noticeable.
You should not build a solid house on a site in SNT, suitable for year-round living.
When evaluated, it will be held as a summer cottage, which significantly reduces its cost. When selling a plot of land, investments in such a house will not be justified.
On IZHS section, as a rule, there are already all communications, or the connection to them will take place in the very near future, and at the expense of the local budget.
SNT lands, including the supply of communications, are developing exclusively at the expense of members.
In addition, it may turn out that the nearest communication system is located several kilometers from the SNT, and its supply costs huge funds.
Translation of plots
Lands of both categories have their positive and negative sides.
And, despite the high cost, the land for individual housing construction is more popular among the population. Although both gardening partnerships and cooperatives are quite popular now.
But, comparing the indicators of land under SNT and IZhS, we can conclude that there are more advantages to plots intended for individual construction.
This is the possibility of registration, and the possibility of building a capital house, and much more.
But, what if there is only a plot in a garden partnership, but you really want to live in nature and have a residence permit here? How to get out of the situation?
You can try to re-register the category of the site, that is, instead of the land "under the dacha", transfer it to the category "for individual housing construction".
That is, to change the purpose of the land plot from farmland to the land of an urban settlement.
Sometimes it is quite easy to do this, and sometimes it is very difficult.
It all depends on several factors:
And do the following:
| Write with a request to change the category of a specific site | in the application, you must indicate the original category of the site, and the one to which you need to change |
| If the site is owned by several owners | then you need to submit a notary to each of them about the change of category. There is another option - each of the owners must write an application himself, and be personally present when submitting documents |
| Collect Required documents, and attach them to the application | the following documents may be needed:
|
| Submit all documents for verification | 1 month after the submission of documents, the administration will provide the applicant with a written response. If it is positive, then the applicant will be issued about the possibility of transferring the site to another category. But the administration can also give a negative answer. It must be written and reasoned |
Sample application
The petition is written in the name of the head authorized body in the administration of the municipality.
Also in the document you need to indicate:
Reasons for refusal
The administration may also refuse to change the category of the site.
The reason for the refusal may be:
Benefits of individual housing construction
The benefits of plots intended for individual construction are as follows:
| The site is located on the territory of the municipality | developed infrastructure |
| Landscaping of the site is carried out at the expense of the local budget | before transferring the land to ownership natural person, it must be supplied (and, preferably, connected) to the necessary communications |
| On the site you can build a capital construction object | a house with a height of no more than 3 floors, in which you can live all year round, and which meets the requirements for living quarters |
| Permanent registration can be made at the site address | receive mail, arrange children in kindergarten and school |
| When buying such a site, it is possible to arrange | when buying a garden plot, there is also such an opportunity, but the tax authorities have the right to refuse legally. And when making a deduction for the purchase of a land plot for individual housing construction, there are no such grounds |
| Plot for individual construction | can be used as collateral In the Russian legal system, land legislation is one of the most developing sectors. Legislative activity on the part of the settlement land relations carried out tirelessly. In this case, particular importance is given to the zoning of territories and. Division of lands according to the way they are usedIn accordance with the Land Code of the Russian Federation, it differs seven types of land for designated purpose. They have the following purposes: In addition to a clear target designation, all lands have an officially assigned one. Depending on the permitted type of use, of which there are about three thousand, it is determined what kind of activity can be carried out on a given land. So the purpose of the land being sold can be as follows:
Depending on the purpose, the advantages and disadvantages of each type of land are identified. SNT lands: how can you use them, their pros and cons?The land plots of SNT and the land of the DNP are almost identical. The use of such land involves growing crops, but if desired, it is possible to use them for building a country house.
Cons of land in SNT:
As a rule, SNT lands are located in more environmentally friendly and picturesque areas. Therefore, the only difference is often the higher cost of land plots SNT due to higher soil fertility. IZHS lands: how can you use them, their pros and cons?IZhS plots are considered the most prestigious lands and they compare favorably with gardening and summer cottage construction. As a rule, they are used for the construction of residential buildings, cottages, houses. Advantages of land for individual housing construction:  Cons of land for individual housing construction:
Such lands are located within residential settlements, which increases their value in comparison with other lands. Private household plots: how can they be used, their pros and cons?
The difference between private household plots and land plots of SNT and IZHS is that they can be located both within settlements - household plots, and outside settlements - field land plots. Home plot land can be used for the production of agricultural products and for the construction of residential, industrial and utility buildings in compliance with all standards and rules. Field plot 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 in a gardening partnership, it is necessary to pay membership fees on an equal basis with the owners, and in the future it is possible to privatize the land and become its full owner. Lessee of the SNT plot has the right to build a garden house and utility rooms, but registration of a residential building requires ownership of the land and compliance of the building with residential technical characteristics.
In this case, you can count on the availability of the necessary communications, developed infrastructure and roads. Despite the fact that IZhS lands have a higher cost, this is a very profitable investment. In comparison with other types of land, individual housing construction is becoming more expensive every year, and if necessary, it will be possible to sell them for more than the original cost. When buying land SNT, IZHS or LPH, you need to carefully check all the documents that the seller has on the site:
Did not find an answer to your question? Look at here
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Pluses of land in SNT:
These lands are, in fact, agricultural plots.
If the purpose of acquiring a land plot is not to grow agricultural products and the land is acquired for the construction of a residential building, it is preferable to choose.
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