What has changed regarding land surveying in 2021 with the adoption of the new law?
The law on horticulture introduced new concepts and reduced numerous dacha formations to two forms - a gardening non-profit partnership (SNT) and a garden non-profit partnership (ONT). If previously dacha plots had other names (dacha partnerships, dacha cooperatives and other associations of citizens), then according to the new law they must be renamed either SNT or ONT. The innovations didn't stop there. SNT and ONT have added requirements such as opening a bank account (we talked about the procedure for paying membership fees through a bank earlier), changes to the charter and defining the boundaries of the SNT territory. All this fell on the shoulders of the board in the person of the chairman and his assistants. If we talk specifically about the surveying of the common territory, the law requires that the boundaries of SNT and ONT be marked and defined; for this purpose, a general meeting is convened, a decision is made to carry out surveying of the common lands of the SNT, then a cadastral company is selected and a project for surveying the territory is prepared. (You can check prices for land surveying in your region and choose a suitable company using the online cadastral work calculator.)
What issue should be on the agenda?
On the possibility of distributing a plot of land in SNT “___________” (name) for gardening with an area of ____ (indicate the area) sq. m. m. in accordance with the layout of the land plot on the cadastral plan of the territory (attached) to the member of the partnership _________________________ (last name, first name, patronymic), ___________________________________________ (details of identity documents).
It is drawn up in the form of minutes of the meeting, which are signed by the chairman of the meeting and the secretary of the meeting.
Earth
Why do land surveying of public lands in SNT
Article 22 of Law 217-FZ states that SNT, in order to use public territory, must prepare a draft territory layout. The planning project includes a land surveying project. For ONT, a planning project is not required, but the territory will still have to be demarcated; gardeners just need to prepare a land surveying project. The delineation of common lands in SNT is done in order to legally secure their borders and boldly use common lands intended for the needs of all gardeners and gardeners. On public lands, driveways, passages, playgrounds are organized, guards are erected, publicly accessible areas are landscaped and fences are installed to prevent the entry of third parties. These lands and buildings on them are transferred into common shared ownership by SNT members.
SNT: a new look
Cadastral work cost us 10 thousand rubles. for 1 hectare of the entire land allotment (i.e., including the area under the plots of the members, and if a member of the SNT wanted to further thin the boundaries of his plot, he paid 5 thousand rubles for the plot). In general, if you add everything up (personal plots and PDO), then this event cost almost 1 million rubles. And this is not a very large SNT (about 24 hectares in total, about 350 members, and a little less than half clarified the boundaries individually).
In addition, the repair of access roads should also be carried out by municipalities. We repair (asphalt, speed bumps), clean and illuminate (supports, lamps also contain, in 2010 the wires were replaced with SIPs, lampshades with energy-saving ones). It is clear that this is not the case in many places. But this is a question for municipalities, not legislators.
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The land surveying of SNT common lands can be divided into several stages:
- Contacting government agencies authorities for permission. Before this, the chairman of the SNT must convene a general meeting to agree on the surveying of the public territory of the SNT, since the costs of surveying fall on the members of the partnership and directly affect their interests.
- Cadastral works. To prepare a project, you should contact a specialized organization that prepares a project for planning and land surveying, based on available documentation and measurements.
- When a territory planning project is developed and prepared, it must go through the approval procedure by local administration authorities.
- Registration in Rosreestr. A package of land surveying documents is submitted for registration, as a rule, through the MFC, then Rosreestr authorities check the legality of the information and register the SNT for cadastral registration.
Paperwork
As the legislation states in the law adopted at the federal level in 2001 under number 137, in the case when the land plot was transferred to the ownership of gardening, truck farming or a non-profit dacha association of residents before the end of October 2001, then the land is provided on the right of ownership to the members of the said association free of charge. In this case, the important point is that the purpose of using the site, which is provided for general use, is to carry out horticultural, gardening or summer cottage work.
The issue regarding the acquisition of such a plot of property by the considered association is resolved by holding a meeting at which all members of the partnership must be present. Next, an application is submitted to the municipal authorities, which is done by the person who is vested with chairmanship functions. However, please note that some documents will need to be attached to this application. In particular, a diagram that indicates the location of land on a plan that has a cadastral purpose. However, in the case where there is an approved plan, in accordance with which the procedure for surveying the territory where the plot of land we are interested in is located, then it will not be necessary to submit a diagram. The same rule applies to situations where there is a project according to which the territory of the partnership is organized and developed, or when the location of a given plot of land is described in detail. This description must be displayed in the state real estate cadastre.
In addition, the submission of an extract is required, which is made from the decision adopted at the general meeting of participants in the partnership of gardeners, summer residents or members of a non-profit dacha association. The decision must concern the acquisition of rights relating to a piece of land that is for common use. Documents of a constituent nature are required. That is, through such documents a partnership must be formed.
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These documents are submitted to the local government body, which, after receiving them, reviews them. The period for this is set at two weeks. At the end of this period, the municipality makes a decision, which may concern the provision of a land plot into the ownership of citizens or contain a reasoned refusal. After receiving this decision, the person who is vested with presiding functions, or another authorized person, must contact the body involved in state registration of property rights regarding the property. The appeal occurs by submitting an appropriate application. To submit it, you will need to pay a state fee, the amount of which is 22 thousand rubles.
The legislator has clearly defined that the re-registration of the right of perpetual use of a land plot by members of a dacha or gardening partnership is not limited by time limits. Please also note that controversial situations often arise in court regarding how many members should be included in the association. As an example, we can consider a situation where members of a partnership hired a team to carry out work on asphalting a road surface; upon completion of the work, these persons filed a lawsuit with a request to secure for each of them the right of shared ownership of the specified object. However, in this case, the judge issued a reasoned refusal. In this case, it is necessary to pay attention to the fact that the law specifies the creation of a new thing, and not the use of an existing one. In the situation considered, the road already existed, and the members of the partnership only paved the asphalt. The court pointed out that in the concluded agreement between the summer residents and the construction company, the latter’s responsibilities include laying asphalt, and not creating a road.
Is land surveying of public lands obligatory in SNT?
The law, of course, says how it should be. Each legal entity, be it SNT or ONT, must secure its boundaries by land surveying. However, there are no clear deadlines for carrying out these actions in the territories of already formed partnerships. Accordingly, penalties are not applicable in this case. Until the land survey of public lands in SNT is done according to the law, the lands are considered the property of the municipal government. This means that any buildings on the territory can actually be recognized as unauthorized construction or disposed of at their own discretion, without asking permission from SNT members. Therefore, it is in the interests of the owners of SNT plots to prepare a project for surveying common lands. The law does not oblige, but leaves this action at the discretion of the owners. However, laws tend to change every year, and it is quite possible that this will soon become a mandatory procedure.
Public lands SNT
In light of the above, I would also like to note that you should not confuse public lands in a populated area (squares, parks, driveways, streets, etc.), which can really be used by an unlimited number of people, and public garden lands, which can only be used by members SNT and their family members, their guests, etc. It is also worth considering that due to the fact that public lands of SNT are privately owned, they cannot include lands restricted in circulation by land or civil legislation.
Historically, land for organizing gardening partnerships was given to various scientific and production associations, design institutes, factories, etc. After being provided with a plot, the hard-working gardener had to develop the plot, improve it, prepare it so that agricultural products could be grown on it, carry out uprooting, etc. And to tell the truth, lands for gardening were not provided with the best quality, with the most favorable outcome being from the forest fund, in the worst case, even in a swamp. As a rule, they had to build residential buildings on the site on their own, since commercial construction in Soviet times was not yet developed as it is now, and the law simply did not allow it.
Decision of the Taldomsky District Court of the Moscow Region dated March 13, 2012
The plaintiff filed a lawsuit to recognize her ownership of a land plot with cadastral number N with an actual area of 1224 sq.m., category of land: agricultural land, type of permitted use: for gardening, location: “address”, plot N and the obligation to make changes to the cadastral registration data of the land plot, citing the fact that at the time of acquisition the plot had such an area that could not be legalized by virtue of the current legislation. After the adoption of legislation on the dacha amnesty, such an opportunity arose, since the area of the land plot in actual use does not exceed the area of the land plot specified in the title documents by more than 600 sq.m. - the minimum size of land provided for gardening.
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Under such circumstances, taking into account the decision of the general meeting of SNT on land surveying of plots according to actual use, the court recognizes Artamonova V.K. ownership of a land plot with a total area of 1224 sq.m. with cadastral number N. At the same time, the court considers it possible to describe the boundaries of the plaintiff’s land plot in accordance with the boundary plan of ZAO PA Geokom dated DD.MM.YYYY.
What is the right to common use of land in SNT and other places
With regard to objects of law, it is important to decide whether their cadastral registration is required or whether the objects can be any public lands. Both the Civil Code and the Land Code talk about individually defined things - areas that should have boundaries formed during land surveying.
Commentators pay special attention to the limits of the exercise of law. A public entity cannot restrict access to a site arbitrarily. Different laws contain restrictions of varying degrees of specificity. Thus, the Forest Code prohibits the collection of species included in the Red Books.
