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Will summer cottage plots be taken away? Is it possible to seize a land plot from the owner in SNT? Is it possible to take away a dacha plot for non-payment if it is registered as a property?

Owners land plots SNT often wonder whether it is possible to seize objects that belong to them, which due to certain circumstances they do not use or do not pay the necessary fees. To get the answer, you should study these situations in more detail.

By gardening partnership we mean non-profit organization, whose participants are citizens united in voluntarily for interaction on issues of gardening and maintenance of vegetable gardens.

SNT does not provide for the extraction of any income from its operation, except that which comes from gardening activities. Partnerships develop and adopt their own charters, according to which they operate.

The legislator obliges payment of a tax, which is calculated taking into account the total area of ​​the SNT, not including property that is the personal property of a specific participant in the partnership. Activities for the supply of electricity, gas, installation of water pipes, telephones and other communications take place only on a voluntary basis. The threat of depriving the partnership of a plot is just a way of intimidation, when in fact there are no reasons for this.

Confiscation of private land ownership by the partnership is impossible. The current legislation establishes situations for seizure, and they can arise only if there is a person’s guilt in relation to the land use process.

A plot of land can be confiscated from its owner on the basis of the law on the turnover of agricultural land. This is permitted when the site is used inappropriately, for example, on land allocated for gardening or horticulture, a person is constructing various objects, or dumps construction, household, and other waste on the territory of the allotment, causing damage to neighboring landholdings through their actions.

Also, the fact of alienation of the allotment by organs may serve as a reason for confiscation local administration(the SNT board is not authorized to do this) in the public interest.

Failure to pay the stipulated amounts of money for payment of various fees and landscaping cannot become a reason for depriving a person of the right to land plot. Into competence General meeting SNT and the board elected by it do not include such actions.

The SNT board, if dues are not paid, can only effectively isolate land ownership, and this will lead to material problems during the installation of communications. This situation is very inconvenient, since the board will not be concerned about this, and it will be in its interests to receive money in an amount greater than it is entitled to.

Seizure of a land plot from the owner in SNT due to non-use

Is it possible to seize a plot of land in SNT from an irresponsible owner that has not been used for several years, and its subsequent transfer to another person?

It is clearly impossible to take away land ownership that is not used simply by the will of the board of the partnership or the owners of neighboring lands and give it away, or sell it to another citizen. The Land Code of the Russian Federation and other legislation on gardening non-profit partnerships do not provide for this, therefore these actions are illegal.

Any partnerships and the plots located in them are the property of the state or municipality and are controlled by the local administration, which sets the valuation of hundreds of acres of land confiscated and put up for auction.

It is the head of the local administration who makes the decision on permission to put the site up for auction. When a landholding is effectively abandoned and its owners have been absent for several years, debts accrue. membership fees, payment for electricity, water supply, various fees and the like. However, some land lease agreements provide certain conditions for the operation of the facility.

For example, the documents may stipulate the obligation of a person to build a real estate property on a plot for a certain time or to maintain a designated number of fruit crops, and so on.

In this case, the Chairman of the Board convenes a meeting at which SNT participants are notified that abandoned plots are legally subject to auction or auction, in accordance with the rules on forced termination land use provided for in Article 38.1 Land Code RF.

Grounds for seizure of a land plot from the owner

The legislator provides several grounds for seizure of property.

They are as follows:

  • alienation for state and municipal needs. It could be:
    • the need to fulfill obligations under an international treaty concluded by the Russian Federation;
    • construction or reconstruction of objects of federal, regional and local significance;
    • execution certain works for the use of the bowels of the earth;
    • other types of activities provided for by Russian legal acts;
  • the use of the land plot is not in accordance with its purpose, or the object is not used at all;
  • committing actions contrary to the provisions land legislation;
  • emergency circumstances that require a specific plot of land to eliminate;
  • commission of a crime by the landowner.

The procedure for confiscating a land plot from the owner

The powers to issue a resolution on the seizure of land ownership for municipal needs through redemption are vested in authorized bodies executive power each specific subject Russian Federation. After the plot is confiscated from the owner, his rights are immediately lost, and if the property was leased, this leads to termination of the corresponding contract.

At the same time, the landowner formalizes with the authorities state power special withdrawal agreement. The draft agreement is developed by these bodies.

The text of the agreement must reflect the following points:

  • the amount of money to be paid for the confiscation of the site;
  • the period during which the seizure of the site will be carried out;
  • data decision taken on confiscation of the allotment;
  • a unique cadastral number assigned to the seized land.

The withdrawal agreement may provide for the former landowner to be provided with an equivalent plot based on its price.

If the landowner does not agree to the confiscation of the land and does not comply with the confiscation orders issued government agency, the latter is entitled to forcibly take away the allotment or seek resolution of the dispute in court, which will establish the amount of compensation and the timing of the seizure of the plot from the citizen.

In accordance with paragraph 4 of Article 281 of the Civil Code of the Russian Federation, compulsory requisition is allowed only when determining and paying a sum of money that implies equivalent compensation. The payment is calculated by summing up the market valuation of the object and the losses incurred by the citizen (with mandatory accounting profit lost by the land owner).

The right of ownership to a land plot may be lost by a person when purchasing a plot due to state or municipal needs. Based on what specific needs it is intended for this property, it is purchased by the state, its constituent entities, or municipalities.

Procedure for determining land tenure valuation for state needs carried out by qualified appraisers, and not by the landowner himself. The assessment process itself is not regulated by law, due to which the person is deprived of the opportunity to receive reasonable compensation. market value for owned real estate.

The seizure of land necessary to meet the needs of the state and municipality occurs not only in Russia. At the same time, the confiscation procedure is radically different from that provided in our country, and is carried out in a different way. For example, a landowner in foreign country has the right to independently establish and confirm the market valuation of the allotment.

In our country, site assessments are carried out exclusively by appraisal companies. Therefore, in order not to incur losses during the seizure of land ownership, and to clearly understand the essence and consequences of requisition measures, carefully read this topic, as this can happen to any land owner.

The hype around the new law on summer cottages has not subsided for several months. The “dacha constitution,” as it has already been popularly called, not only protects the rights of summer residents, but also makes their interaction with their neighbors more complex. Why in 2019 a neighbor can take away from you country cottage area: this question is answered by the acts included in the general package of documents of the new law.

Rights of a neighbor on a land plot in the new year

There is a lot of controversy around the “dacha constitution”. On the one side, new law The project will make it possible to determine the rights of each summer resident. He will be able to legitimize all the extensions that are located on his property. After this, the summer resident can register in a country house. The procedure for submitting documents will be simplified. The new project will reduce corruption among officials. On the other hand, a “dacha constitution” can make the life of a summer resident more difficult.

The bill came into force on January 1, 2019. It covers not only the rights of summer residents, but also all the obligations of country partnerships. Based on this bill, it is most difficult to legitimize areas that are abandoned or in poor condition. At its core, the new project has its own pitfalls: in 2019, a neighbor can take away your summer cottage plot and not break a single law.

Neighbors can obtain rights to purchase a plot of land. A neighbor, as an interested party, can submit documents for the appropriation of a land plot that is in poor condition.

Grounds for transferring a summer cottage to a nearest neighbor in 2019

Alienation of a land plot does not threaten people who care for local area country house. The presence of extensions does not affect the decision in any way higher authorities– they make the final decision regarding the legal transfer of the site to the new owner.

The procedure will follow the following scheme: first, the owner of a certain plot submits an application to administrative body. In the statement, he indicates that there is a site that is located next door to him and which is abandoned. The administration of the allotment conducts an inspection based on such a statement.

Unowned property is carefully inspected. In accordance with regulations an assessment of the site is made. After this, the property is assessed - the price is set to be fair and not inflated. The cost of the plot can be set by the court, and for this purpose the supposed future owner of the plot writes another petition. If the new owner is satisfied with the price of the property, he agrees to the proposed conditions. After this, an agreement is drawn up under which the property is alienated.

Why in 2019 a neighbor can take away your summer cottage: because it is in poor condition and looks like an ownerless property. According to the new “dacha constitution,” no one, not even a neighbor, can lay claim to a habitable plot.

On December 1, the scandalous law No. 251-FZ came into force - from now on, a summer resident may unexpectedly discover that he is no longer the owner of the plot.

President Putin in the Address Federal Assembly called for more active confiscation of agricultural land from owners and sale at auctions - thus, “millions of hectares of arable land” should return to circulation.

Experts fear that the victims of the new wave of “dekulakization” will not be the banks, which bought up thousands of hectares “in reserve”; as practice shows, banks have the money to negotiate with administrations and pay off land inspectors.

But the court has already begun to take away land from former collective farmers, who received two or three hectares from collective farms back in the 90s. Most of the collective farmers sold their shares to the same banks or land speculators for pennies. However, there are those of principle who still hold on to their share: they plant potatoes on hectares or rent out the land to farmers and collective farms for grazing.

It seems to be cultivated land, but land inspectors always have a reason to find a lot of violations: for example, the land is not cultivated as it should, and this reduces its fertility. So, give your plot of land to the administration, and then the officials will figure out where to adapt it: they will convert it for dacha or other construction, and sell it for good money.

But don't think that municipal authorities will be limited to the “dekulakization” of owners of agricultural land; similar seizure procedures will now be carried out in relation to ordinary summer residents, owners of the same six hundred square meters.

On December 1, 2015, Federal Law No. 251-FZ “On Amendments to Article 16 of the Federal Law “On State Registration of Rights to real estate and transactions with it" and Article 45 of the Federal Law "On state cadastre real estate."

“The new legislative norm will in fact legitimize the procedure for taking away land plots from more than 80% of Russian citizens.

Land provided to citizens for gardening, horticulture, dacha farming, individual housing construction, private household plots (personal subsidiary farm) and even for garage construction.

Lyudmila Golosova, Chairman of the Trade Union of Gardeners of Russia, explains the mechanism of “legal dispossession”: “In the previous edition, submit documents for state registration ownership rights could only be the property rights holders, the parties to the contract (when we're talking about about a purchase, sale or donation transaction) or their confidant. IN new edition the circle of such persons has expanded: now bailiffs and authorities can also register ownership of someone else’s land local government».

Before this, local government authorities must issue a resolution declaring this dacha plot or other land (possibly with buildings) ownerless. In general, everything is simple here - in Law No. 221-FZ “On the State Real Estate Cadastre”, clause 4.1 of Article 45 was added in advance in a new edition, which states that if five years have passed since the date of cadastral registration and the land plot or house has not been included in Unified State Register, then it is removed from cadastral registration.

Lyudmila Golosova wrote a letter to the president, in which she reminds: the new law contradicts the old Federal Law No. 28-FZ “On State land cadastre" dated 01/02/2000: "And this was the first federal law under which you, dear Vladimir Vladimirovich, put your first signature as President of Russia! The question arises: do we live in a rule of law state? If Russia constitutional state, then by what right is the order of the Government of the Russian Federation No. 2236-r issued, which states that land plots previously registered in the cadastral register should be removed from the cadastral register? legislative order?»

After this, the authorities automatically declare the site and buildings ownerless and take it into their own ownership. Then the “dispossessed” property is put up for auction.

In Russia, 70-80% of land plots are legally registered in the cadastral register and are not included in the Unified State Register - this has been allowed by law since 1992. “Now all these plots are “flying away” into the ownership of municipalities,” warns Golosova. - The authorities can submit documents for state registration of the seized land without a trial; at their own discretion they will recognize the plots as ownerless. It’s obvious that officials will begin to act without limits and it will be impossible to prove anything.”

Moreover, the law does not even oblige officials to inform land owners that such manipulations are being carried out with their property.

And this will happen throughout the country, including the long-suffering Crimea. “The Chairman of the Legislative Assembly of the Republic of Crimea, Konstantinov, said that 80% of land owners cannot confirm their rights, apparently, one must understand that they are not included in the Unified State Register, and these plots can be sold under the hammer,” comments Golosova.

In her opinion, “it is impossible to find words for such lawlessness on the part of the authorities”:

“Citizens of our country Russia, who are legally received land, guided by federal laws No. 28-FZ of January 2, 2000, No. 122-FZ of July 27, 1997, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, the Constitution of the Russian Federation, which have been on their land for 30-70 years, built houses, raised gardens, should they now be given to the state as property? Or will officials offer citizens to buy their own houses put up for auction?”

According to statistics from the Trade Union of Gardeners of Russia, 70 million people today have summer cottages. Most of them were allocated back in Soviet times “forever and free of charge” - in addition, summer residents were exempt from taxes.

Adelaide Sigida

How long have you been to your dacha? Maybe we need to go there and restore order? Because last changes Russian legislation hints at this need. The danger is posed by a legislative innovation, according to which the Law on Vegetable and Garden Partnerships comes into force on 01/01/2019.

Full title federal law– “On the conduct by citizens of vegetable gardening, gardening for their own needs and on introducing amendments to certain legislative acts RF". Federal Law dated July 29, 2017, number 217.

Where does the threat come from?

Under certain provisions of federal law, your abandoned property can now become your neighbor's property. It's the neighbors who get priority right for the acquisition of a land plot, if the administration of the plot initiates a case for the alienation of abandoned (ownerless) property.

Regulatory acts will significantly simplify this manipulation, that is, obtaining ownership of someone else’s land. And the cost of its acquisition is established by the court on the basis expert opinions(a special commission will be created).

How would this happen?

Of course, the legislation is not going to present a “surprise”. In other words, it will not happen that a person will arrive at his own dacha and immediately find out that the land no longer belongs to him.

The process will be as follows:

  1. If there is an “ownerless” plot of land, that is, it is overgrown with weeds, the owner has not visited for several years, there are a lot of debts on membership fees, etc., then a claim is sent to the owner of the plot to in writing from the administration.
  2. Next, one month is counted down - during this time the owner must give an answer.
  3. If it is not followed, the administration files a lawsuit and starts the procedure for the alienation of the dacha plot.

To implement such a procedure, ordinary weeds on a summer cottage are not enough. We need a more compelling reason or a combination of them. For example, an abandoned site and a significant debt formed as a result of non-payment of membership fees.

This innovation does not contradict the legislation of the Russian Federation. Article 284 of the Civil Code of the Russian Federation states that a plot can be seized from the owner if it is intended for agricultural or construction (housing or other), but it is not used according to its intended purpose for 3 years (unless a longer period is established by law ).

According to some experts, it is on the basis of this rule that the courts will make positive decisions in favor of the administration. And the new law will simply further strengthen this opportunity.

How to purchase a neighboring plot - personal experience

On July 1, a law comes into force allowing local authorities to forcibly confiscate agricultural land not used for its intended purpose or with obvious violations.

In addition, the state will finally be able to deal with unclaimed land shares, which at one time were generously distributed to collective farmers. Unregistered and unclaimed shares will also become the property of local municipalities.

Attention summer residents and gardeners

Today, according to the State Duma Committee on Agrarian Issues, 80% of agricultural land is not legally registered. These are the lands of summer residents and gardeners, shareholders and organizations. For example, share owners carried out state registration of their rights to only 18 million hectares of land out of 115 available. Agricultural organizations also have problems with the legitimacy of land use.

The new law will fill gaps in legislation and will allow in the near future to carry out state registration of rights to 9 million land shares and form land plots on an area of ​​95 million hectares. If shareholders and land owners do not begin to put their land affairs in order, municipalities will get involved. Already today, many municipal websites contain appeals from local authorities to the population informing about the entry into force of the new law. Local authority receives additional powers and henceforth becomes interested party. According to the State Duma Committee on Agrarian Issues, about 22 million hectares could go into the hands of municipalities of unclaimed land alone. If they are then sold for 15% cadastral value(the law establishes for sale no more than given percentage), That local budgets will be replenished by 55 billion rubles. And this is only part of the possible earnings.

Experts note that in practice, not only municipalities, but also the chairmen of dachas, garden partnerships and cooperatives, whose societies are located on agricultural lands, will be able to earn money. By the way, most of them are located on such lands. Garden and summer cottage plots that are overgrown with weeds and have not been used for many years can also be confiscated. The conditions and procedure for such transfer are established by this law.

Of course, there is no need to panic; conscientious farmers have nothing to worry about; taking away the land will still not be so easy. However, it will not be superfluous to put your documents and your plots in order.

Who can have their land taken away from them?

As explained by Vitaly Borodkin, senior lawyer law firm“Priority”, the basis for the seizure of agricultural land will be the following criteria:

If a plot of land is used in violation of land legislation and this has resulted in a significant decrease in fertility or a significant deterioration in environmental condition,

If the land plot has not been used in accordance with its intended purpose for three years in a row from the moment the ownership rights to it arose. (Signs of non-use will be established by the government of the Russian Federation. At the same time, the law gives landowners the right to eliminate violations of the procedure for using land plots. If the violations are not eliminated, then only in this case will the executive authorities of the constituent entities of the Russian Federation go to court with a demand for the seizure of the land plot and its sale with public auction.)

Owners can avoid the negative scenario of “parting with the land resource” if they follow the rules current legislation, which regulates the use of agricultural land.

“In my opinion, the situation on the land market will not change radically in the near future until the government of the country develops criteria for “improper use” and “non-use” of agricultural land,” Vitaly Borodkin is sure. “We can expect a wholesale forced seizure of land in July or August is not worth it. Large land owners have time to begin or continue to use the land in accordance with the rules. intended purpose, sell or transfer these lands to other categories."

The procedure for land seizure itself will look like this. The law establishes that the sale of a land plot seized forcibly is carried out within 6 months from the date of entry into force legal force court decision, is possible only through public auction according to the rules that are determined Civil Code, but if the auction is declared invalid, the land plot can be acquired by the state or municipal property By starting price bidding Cash received in the process of selling the land plot are paid former owner minus the expenses incurred for the preparation and conduct of public auctions.