Today, 60 million Russians are summer residents and members of various communities (partnerships, partnerships, consumer cooperatives) — horticultural, horticultural, dacha, horticultural. Many of them were created back in Soviet times, when land plots (PL) for gardens and dachas were distributed to enterprises within these communities, whose members collectively owned the land and paid symbolic membership dues. However, over the past 20 years since the adoption of the law on the activities of the non-profit associations listed above, many legal inconsistencies have appeared. The law is actually outdated, inconsistent with the Civil, Housing and Land Codes, as well as with the law on non-commercial activities. What's going on with SNT, DNP and other communities today?
First, an explanation of the abbreviations:
Such communities are created on the basis of a voluntary association of people to solve common problems in the conduct of a country, vegetable garden, horticultural or horticultural economy.
Currently, there are up to ten types of partnerships, cooperatives and partnerships, the abbreviations of which can be confusing: SNT, DNP, DNT, etc. (See Wikipedia). However, starting from 2019, only two types of communities will remain - horticultural and garden partnerships.
In fact, membership in communities does not give any special rights.
Citizens who are not members of dacha, garden, orchard non-profit communities, having their own individual farms there, can use all facilities, communications and other property on an equal basis with the rest of its members on the basis of an agreement concluded with a partnership (partnership).
The payment for the use of common property on an individual basis should not exceed the generally established rate within the community. However, a citizen must pay contributions for the purchase of property or repair of infrastructure facilities, like other members of the community.
On earth, you can build and cultivate not everything that your heart desires. This becomes a problem for those who built a two-story garden house in a garden or vegetable garden, then decided to connect heating, plumbing to it and register their relatives in it. For those who build fundamentally:
For construction capital building land is needed for individual residential construction (IZHS).
Advantages of IZHS:
Land allocated for gardening or gardening non-profit partnerships or partnerships (SNT, SNP, ONT, ONP) must be of agricultural importance.
Differences between garden and land:
A land plot for a garden or vegetable garden is cheaper than a land plot for individual housing construction, but may be more expensive than a plot for a summer house.
Flaws:
Land for a dacha non-profit partnership / partnership (DNT / DNP) has a number of advantages:
The main purpose of summer cottage land is recreation, although in many cases summer cottages are also used for permanent residence.
also attracts more low price land plot in DNP than in SNT and IZHS:
Of the shortcomings of suburban lands:
From 2019, there will be no more DNTs: they are planned to be replaced by dacha settlements. Only horticultural associations (SNT) and garden partnerships (ONT) will remain.
In fact, former summer residents will become gardeners and gardeners. Land non-profit partnerships (LNPs) will be abolished.
The abolition of dacha associations and partnerships is caused by the need to:
An increase in the cost of taxes on dachas and dacha utility payments is expected when replacing DNT with settlements.
It will be allowed to build residential premises and garden houses in the SNT, and only non-residential buildings of economic importance in the ONT.
The garden house was originally a one-story small building, most often wooden, panel structure. This is a summer building without comfort and amenities, where you can hide from the weather, relax or eat. Registration in this building is not possible.
Gardeners and summer residents who first enter the space of the legal field often have to think about what a plot of IZHS, SNT and DNP is.
The answer to this question is given norms of land and construction legislation.
The main difference between the concepts is that IZHS is a land plot, which implies the possibility of building a residential facility on it.
SNT and DNP - legal entity forms, they are decrypted:
The types of permitted use of such sites are generally as follows:
All three abbreviations refer to parcels of land.
Let's get acquainted with them in more detail.
Any allocated piece of land has a strictly defined purpose of use.
The purpose of IZHS is the construction of a residential building.
A land plot with VRI IZHS can only be located on the land category "".
From a position of management construction works- this is the preferred option - getting permission at the beginning of construction does not meet with objections from the authorized bodies.
pros for owners of housing built on lands under individual housing construction:
On the lands of IZHS, it is allowed to erect exclusively detached residential buildings, no more than three storeys high, in which only members of the same family can live!
Read more on the page "What can be built on the lands of IZHS".
From cons can only be distinguished:
SNT is one of the forms of garden associations in the form of a partnership.
It is a form of a legal entity that does not set its own for the purpose of obtaining financial gain.
Plots of land allocated for conducting activities under the SNT are located exclusively on.
This limitation determines the advantages and disadvantages of construction activities on the territory of SNT.
However, significant amount lands occupied by SNT, as a result of the expansion of the territories of cities and towns, were subsequently included in the composition of the lands of settlements.
Advantages:
Flaws:
It is quite difficult, and often impossible, to register a building as a full-fledged residential building in the registering authorities. Accordingly, the building will have a lower price than a similar object built on the lands of settlements.
Read more here.
Dacha non-profit partnership is association of owners summer cottages .
Unlike the previous category under consideration, the erection of a building on the received land plot is compulsory condition.
Let's get acquainted with virtues construction on a summer cottage:
Flaws:
Any housing erected on a summer cottage does not require technical expertise and coordination procedures.
More about building on suburban lands read in a separate article.
In accordance with the norms of the current legislation in Russia, there are the following forms of citizens' associations for the purpose of conducting economic activities on the lands of holiday villages, as well as gardens and orchards allocated for laying out:
Land for horticultural associations is allocated from agricultural land and settlement land.
Similar to garden plots, in addition to agricultural activities:
available the possibility of building a small garden house and buildings for business needs.
In some cases, the construction of buildings on the areas for gardening is prohibited. Before starting construction, check the information on the type of permitted use of the site with the authorities.
Let's spend comparative analysis various kinds plots of land to clearly demonstrate how the lands of individual housing construction differ from SNT and DNP. We also include here no less popular gardening associations.
The data obtained will be presented in the following table:
Indicator | IZHS | DNP | SNT | Horticultural Association |
Land group | settlement lands | agriculture, settlement land | agricultural land, settlement land | agricultural land, settlement land |
Permitted activity | construction of a residential building and outbuildings | construction of a country house, laying out a garden and a kitchen garden | growing agricultural crops, building a garden house | cultivation of vegetables and fruit and berry products, construction of only non-capital outbuildings |
What can be built | residential building + household the buildings; more | residential house of country type + households. the buildings; more | small building + household the buildings; more | |
The need to draw up project documentation and its approval | Yes | No | No | No |
Availability of engineering and utility infrastructure facilities | Yes | rarely | rarely | rarely |
Registration at the place of residence | Yes | yes, if located within the city limits | No | No |
Comparative cost | high | low | low | low |
This table briefly characterizes the lands of SNT and IZHS and what is the difference between them.
When buying a land plot, first determine the main purpose for which you are going to use it.
Territories used for construction work may not be connected to the power capacities, which will make it difficult to perform operations related to the use of electrical equipment.
If you intend to electrify the site of a future construction site, you will have to enlist consent of the other members of the association which you are a member of.
The work will be done at your expense.
A non-residential building on the lands of SNT or IZHS, which is not intended for private economic activity, cannot be built. An exception may be the buildings necessary to ensure the activities of the SNT.
The construction of a house in a holiday village is a prerequisite, since the arrangement of a vegetable garden and a garden is not the only purpose for providing a land allotment.
Innovations in the legislation exclude such concepts as dacha cooperatives and partnerships from the law. From 2019, the development of land occupied by these associations will take place according to the new rules.
The problem is supposed to be solved by re-registration of dacha associations in horticultural and acquiring built real estate horticultural status.
To legalize the construction located on land unsuitable for its placement, or to prevent possible troubles at the planning stage of construction work, lawyers recommend translate plot from agricultural land to settlement land.
Pre-worth your land, the easiest and fastest option is.
In the same way, you can own your land.
Relevant the petition is being filed for consideration by the competent authorities.
A substantiated application will be considered by officials within two months.
Additionally, you may be required to provide proof of right of use land and the properties located on it.
A positive decision is made in the case when the town-planning documentation of the given territory provides for the possibility of building the site.
The act issued to the applicant is the basis for applying to the Rosreestr authorities to amend the land cadastre.
In the event of a reasoned refusal, the applicant has the right to appeal judicial decisions.
In the case when the land plot is located on the lands of settlements, changing the type of permitted use may also help. In areas located on agricultural land, please note that not all are suitable for construction.
This video talks about what IZHS, SNT and DNP are:
The most hassle-free way to build a home - use of land for individual housing construction. All issues related to such a construction are quickly resolved in a legal way.
Most attractive in terms of price an option for the acquisition or construction of country and suburban real estate - DNP, has a drawback - difficulties with obtaining a residence permit, which, however, is solved with a certain degree of perseverance.
After reading this article, you will be able to decide what is more suitable for your purposes: the land of IZHS or SNT.
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As a rule, to build a country bottom, two types of land are used:
These types are very different from each other and during the acquisition of residential or non-residential real estate, this should be taken into account. Today, many real estate companies assure that houses are the same everywhere, and it is much more profitable to buy a summer house for IZHS. In reality, this is not so.
If the buyer needs a house for the weekend and for the summer, it will be enough to have a land area on which to build a cottage. But if the buyer is looking for a home for permanent place residence should be given maximum attention. The dacha is intended for temporary residence, which is a building for subsequent recreation.
If you look at the advantages of individual housing construction over summer cottage construction, if you wish, you can register in such a house, as well as get a physical address.
It should be noted that, according to statistics, people who have reached retirement age plan to register in a country house. This includes families with small children. Registration is required in order to arrange Kindergarten or school in the village.
Some citizens must register to ensure timely pension payments. However, in modern world any payments can be made through banking organization. It is not necessary to change the place of residence unnecessarily.
Among the shortcomings of individual housing construction, it can be noted that the price of the same territory is much more expensive. In addition, accommodation and service are also not cheap. Regardless of whether you live there seasonally or permanently, in order to conduct all communications, you will have to pay a considerable amount. In addition, you must seek agreement on your own.
The project of the house will need to be preliminarily handed over to the BTI and confirmed its full compliance with safety to further reality.
It is written about how SNT differs from IZHS.
Under the dacha amnesty, it is possible to issue IZHS objects in the situation if they were previously built on land areas that were received before the fall of 2001. This also applies to those plots that are provided to residents on the basis of ownership, lifetime, permanent or inherited possession. This right is not specifically specified and its type cannot be determined.
In order for the transfer to be allowed, the following documents must be accepted:
DNP - a land plot that is initially provided for summer cottage construction. That is, a citizen does not have the right to permanently reside in this place. Therefore, residence registration is not used. The government of the Russian Federation says that the construction of townhouses intended on land is not legal. Despite this, many citizens seek the transfer through legal proceedings. They spend a lot of time on it to prove that Vacation home intended for subsequent permanent residence.
Such processes take a lot of time, effort and Money and may take several years. The ability to register in a country house does not play a huge role. Sometimes it is enough to have a residence permit in your city apartment. However, there are a number of benefits that come with registering in a country house.
The most significant territories are those lands that have already been approved by the master plan and the territorial zoning scheme. But similar lands in Moscow and Leningrad region usually units. Often there is no master plan. Therefore, it must be developed in advance. To develop and approve such types of official papers, the investor will need to personally participate in the process.
Depending on the characteristics of the land plot, the tax on individual housing construction is calculated. If you want to find out the appropriate cadastral price, you can use the additional Rosreestr portal. The final value in monetary terms is also presented in the cadastral certificate. The tax is generally due by November 1, 2019. The final amount depends on the number of plots.
In other words - tax rate important element land allocation. This is the amount of accruals, which is calculated per unit of the tax base. IZHS plots are taxed at 3 percent of the value of the land area, which is indicated in the technical certificate. As a rule, the rate cannot be changed at random. It is usually calculated based on the size of the object of taxation.
Plots of DNP and SNT, what is the difference, this information must be known to a citizen who decides which territory of land is better to acquire ownership.
When choosing, you also need to consider whether you need to build a house on the territory, whether there is a desire to actively engage in gardening, etc.
Among the available forms of acquiring real estate of land and buildings that are located in the arrays are:
All these types of ownership belong to the form of dacha cooperatives. They have a unifying principle ˗ this is the use of land.
When buying a dacha, citizens are guided by the price, considering it right to choose solely on the basis of whether the plot is expensive or cheap. When choosing, you need to take into account other factors, among which the category of land plays an important role. Since it is these moments that can bring many difficulties in the future, for example, reduce the possibility of using land or buildings.
For example, when purchasing a plot for gardening, it is worth paying attention to the possible use of this particular territory for such purposes. If it is intended solely for the construction residential buildings, it can be difficult to plant a garden there.
That is why when choosing a site for purchase for certain purposes, you need to know how they differ from each other. In particular, their legal and factual differences.
The territories of the DNP include those areas that belong to legal entity from the owners of the storage facility in a particular complex. The person, in this case, is the founder or one of the members of the cooperative.
The founder acts as an intermediary between the owners land plots who have entered into a cooperative in order to use the land. It is he who coordinates all the important and necessary points with the local administration. If citizens have not privatized the land before, then they have every right to engage in privatization in relation to the leased allotment.
Important! How is it different from SNT? Such plots have a lower price, since the land on them is less fertile. Usually such territories are bought for the construction of a small building and a garden. Under the new law, it is allowed to organize DNP on the lands of settlements.
Advantages of DNP:
Read also Procedure for exiting SNT
Cons of DNP:
Banks in Russian Federation treat with caution the registration and issuance of a mortgage loan in relation to the sections of the DNP. Therefore, it is worth preparing for a long journey when buying land with a mortgage.
Lands on the territory of SNT differ from others in high fertility and are allocated only for summer cottages. The quality of the land is strikingly different from categories such as LNT and LNP. They are located outside the territory of settlements and have the status of agricultural land.
The right to own a plot of a citizen who bought it is determined by membership in a non-profit partnership. The founder is the subject of ownership, but it is also possible to allocate it to ownership through certain procedures. Among them:
The basis of such a structure is its corporate spirit. Actions that are carried out only with the joint efforts of the members of the partnership:
The benefits of SNT include:
Among the disadvantages are:
Read also What to look for when buying a cottage
What is the main difference between DNP and SNT? The fact that in the territories of the lands of the garden non-profit partnership, the soil is very good for growing crops.
In addition to DNP and SNT, there are other categories of land, how do they differ? Advantages of DNT and DNP lands over the categories of IZHS lands:
Among the shortcomings, one can single out that it will be more difficult to obtain permission to register. On the territory of the plots of DNP and DNT, unlike private household plots, it is allowed to erect capital-type buildings on them. But for breeding livestock and poultry, these areas are not suitable.
Compared with SNT, the areas of DNP and DNT can be attributed to budget options real estate, with a similar use of the plots. But, at the same time, despite their price, SNT lands have better soil.
Is it possible to build a house on the territory of SNT? Yes, such areas can be used to build a house. In order to register a building, you will have to perform some administrative and legal actions that are optional when registering buildings in other territories.
Moreover, the price of an SNT plot is almost identical to the price of a plot for individual housing construction, but these lands are always allocated outside settlements and towns. The construction of a house on the territory of a garden partnership is not supported by the standards that are mandatory for construction on the territory under individual housing construction.
Based on the differences between DNT and SNT, a citizen must decide what is more profitable for him to purchase. SNT or DNP, which is better?
It is better to stop your choice on a site in DNT if:
A citizen should choose a plot on SNT land if:
IZHS, SNT, DNP. What is the difference between them, and what do these letters stand for?
· IZHS- this is individual housing construction, this is EXACTLY the type of permitted use of the land.
· SNT- this is a gardening non-profit partnership (as a rule, in old post-Soviet gardens) with a permitted type of land use (RVI) "horticulture".
· DNP- this is a dacha non-profit partnership, on land with RVI “for dacha farming”. This term is applied, as a rule, to suburban dacha cottage settlements, newly created on large fields, former crop fields. In them, the allocated plots are intended, nevertheless, for housing construction, and not for agriculture and gardening.
Why such confusion ? Because SNT and DNP (unlike IZHS) are NOT the type of permitted use of the site, which is on the certificate of ownership, but rather a form of organization of territory management, like an HOA (homeowners association). The owner of the land enters into a dacha non-profit partnership or garden partnership in the same way as in the HOA. And their goal is to maintain the territory, provide communications, take out garbage, snow, and cut the territory. But the type of permitted use of land is designated as "for gardening" or "dacha farming."
Land plots of SNT, garden can only be on agricultural land. According to the new law, summer cottages can sometimes be located on the land of a settlement, or they can also be in the category of agricultural land, but with the designation "dacha economy", and land plots for individual housing construction always lie within the land of settlements.
Land always has a lower cadastral value. Land plots are slightly cheaper than equivalent plots of land for individual housing construction, although now this difference is more and more conditional. As a rule, plots of DNP are acquired both for the construction of a summer residence - modern version gardening, and for permanent residence. New law allowed the organization of DNP sites on the lands of settlements, on new territories attached to settlements - this practically equated dacha assignment to IZHS sites. And such land surveying projects, unlike historical garden projects (SNT), have wide streets and driveways, they contain areas for the necessary infrastructure.
Advantages of a land plot with the designation "cottage farm":
1. Lower price, cadastral value, tariffs and taxes, in comparison with plots under individual housing construction. Therefore, when transferring land, now they often stop at the dacha destination.
2. Location outside the city, respectively - all the advantages of living in the countryside.
3. When acquiring a plot of land in the DNP, you get a guarantee that you are a member of the partnership, and, therefore, you have the full right to participate in the meetings of the DNP members and make decisions on all issues.
4. If the summer cottage is located on the land of a settlement, or lands with the status of a separate residential microdistrict, then it will be much easier to register in a house built on this land than on an SNT site (where this is not always possible even by court) ..
5. There is no need to carry out a mandatory technical examination of your housing and recognize it as residential (as long as the house is legalized in a simplified manner under the so-called "dacha amnesty"). There is no need to obtain a building permit.
Disadvantages of the land holiday destination, restrictions:
1. Most often they have an agricultural purpose, and are intended primarily for summer cottages, and are located at an appropriate distance.
2. On the lands of the DNP, there is no provision for supplying roads, gas, often electricity and water supply to the plots by the village administration. Therefore, this is done either by the developer of the territory, or everything is collectively paid by all owners.
3. The cost of roads, communications, infrastructure of the village is often included in the cost of the site.
4. Although the Constitutional Court of Russia has recognized the right of owners of summer cottages to register, register in a residential building erected on it, practice shows that it is sometimes difficult to issue this registration. There are several reasons. Either the village council or the district administration is against it for some reason. Either the streets are not marked, and the passport office does not understand what to write.
5. The construction of hospitals, shops, schools, kindergartens is often not centrally provided for on land intended for summer cottages. This happens much later.
6. Not every bank in Russia will accept a plot of DNP as collateral if you wish to execute a mortgage transaction. Or the amount of the credit limit will be much less than the appraised value
7. There is always construction on the site. country house, and then - registration of its ownership, because this land is not intended only for farming and growing agricultural products.
Land for gardening often belongs to the same category of agricultural land as summer cottage land. Plots with the type of permitted use "for gardening" can ONLY be for agricultural purposes, as opposed to summer cottages. Garden plots are now mostly historical Soviet gardens. Although it was once assumed that good and more fertile lands were allocated to people for gardens, next to forests, lakes and so on, but the legislation has changed a lot since then. And narrow passages and garden surveying schemes do not meet many standards and the comfort of citizens.
Advantages of a garden plot of land:
1. Lower cost than plots of land for individual housing construction.
2. It is located outside the city, there is nature, often there is some kind of village nearby.
3. It is not necessary to build a country house on a piece of land - the land can only be used for growing crops, if the owner so desires.
Disadvantages of garden land, restrictions:
1. It will be necessary to pay for the summing up of roads, communications: gas, water supply, electricity, sewerage to sites in SNT. Most often, it is very difficult and expensive to conduct communications to SNT sections, and sometimes it is impossible legally.
2. In housing on garden plot registering is often impossible, since the house is on agricultural land, there is no settlement and street as such. Even if it is recognized and registered as habitable, the administration of the neighboring village does not consider it its territory, and does not know how to register you, there is no address, as it were. And even more so the district administration. Unless it sometimes turns out to be done through the courts. Although the Constitutional Court of Russia in some cases recognizes the right of homeowners on SNT land to have permanent registration in this housing (propiska), in reality this can be very difficult and time-consuming.
3. Banks do not accept plots of land for gardening as collateral if they wish to formalize a mortgage deal.
4. Regardless of what large and capital house you built on the site, according to the documents, it will still be listed as country house. Although sometimes cadastral engineers recognize it as residential, i.e. suitable for permanent residence. Depending on this, there may be a low assessment of your home by an expert if you want to sell it, difficulties will arise with the registration of all family members, etc.
The dacha economy in the permitted form of use differs from gardening in that compulsory construction is assumed in the dacha settlement country house and its registration as a property, and gardening involves, first of all, the development of a vegetable garden on one's own plot, without the obligatory construction of a house. At the same time, there is no clear separation of these concepts in the law. In both cases, there may be a house and a garden. As for registration, the law does not seem to prohibit registration both there and there, but ... ..
The issue of registration in the country is not clearly regulated by law. The permission was rather in the form of a political non-objection to propiska. Not registered anywhere step by step actions a citizen who wants to register in the country. At the same time, there are no legal prohibitions on registration in the country. The practice is as follows: an application for registration is submitted, then either they register or they refuse. With a written refusal, you can apply to the court. Oddly enough, registration in the country is important to many, even if a citizen has a residence permit in the city. To the question "Why?" citizens usually find it difficult to answer. In general, today you can get a residence permit at any dacha, if the village itself exists on legal grounds.
1. It is worth noting that even lawyers do not catch the difference between the plots of the “dacha” and “horticulture” categories - these types of land plots have almost the same characteristics, pluses and minuses. As well as the differences between dacha and IZHS are conditional. Like the intersection of three sets. Each pair and all three at the same time have something in common:
2. If you personally decide to conduct electricity of the required capacity to your land plot in SNT or DNP, you will need to obtain the permission of all members of the partnership, as well as bypass many instances, obtaining a legally issued work permit. Since communications will need to be pulled from somewhere, because there may not be a settlement nearby. Therefore, usually the developer of the village does this, and you need to make sure of this.
3. If you wish to register in a house built on a garden or country plot, if you receive a refusal to register, you will need to conduct an examination of housing, obtain recognition that it meets all standards, and then go to court to recognize your personal right to have in this housing registration. Therefore, this possibility is usually initially clarified in the district administration.
4. Registration legally in housing on the lands can be obtained only if the village itself is organized legally.
IZHS and DNP - what is the difference and how significant is it?
Briefly repeat
IZHS - individual housing construction
This is one of the ways citizens build residential buildings in cities, workers' settlements, and rural areas. In the use and ownership of citizens may be plots of land provided in statutory order for individual housing construction. As a rule, only residential buildings are built on IZHS. Some things are regulated federal law No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens". It is this law that will determine a number of differences in DNP and IZHS.
Advantages of IZHS
Disadvantages of IZHS