Features of construction and farming on lands for gardening and vegetable gardening. What is the difference between lands for gardening and dacha farming?

Individual housing construction, SNT, DNP. What is the difference between them, and what do these letters mean?

· individual housing construction- this is individual housing construction, this is EXACTLY the type of permitted use of the land plot.

· SNTis a gardening non-profit partnership (usually in old post-Soviet gardens) with a permitted type of land use (RVI) “gardening”.

· DNP- this is a dacha non-profit partnership, on land with RVI “for dacha farming”. This term is applied, as a rule, to country cottage villages, newly created on large fields that were formerly sown. In them, the allocated plots are intended, after all, for housing construction, and not for agriculture and vegetable gardens

Why is there such confusion? ? Because SNT and DNP (unlike individual housing construction) are NOT the type of permitted use of the site that appears on the certificate of ownership, but rather a form organization of territory management, such as an HOA (homeowners' association). The owner of the land enters into a dacha non-profit partnership or garden partnership in the same way as into a HOA. And their goal is to maintain the territory, provide communications, remove garbage, snow, and border the territory. But the type of permitted use of the land is designated as “for gardening” or “dacha farming”.

SNT and garden plots of land can only be located on agricultural land. According to the new law, dacha plots can sometimes be located on settlement land, or can be in the category of agricultural land, but with the purpose of “dacha farming”, and plots of land for individual housing construction always lie within the land settlements.

Pros and cons of dacha destinations

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 increasingly arbitrary. As a rule, plots of DNP are acquired for the construction of a summer cottage - modern version gardening and for permanent residence. New law allowed the organization of DNP plots on the lands of settlements, on new territories annexed to settlements - this practically equated dacha assignments with plots of individual housing construction. And such land surveying projects, unlike historical garden projects (SNT), have wide streets and passages, and they contain areas for the necessary infrastructure.

Advantages of a plot of land with the purpose of “dacha farming”:

1. Lower price, cadastral value, tariffs and taxes, in comparison with plots for individual housing construction. Therefore, when transferring land, they now often stop at the dacha destination.

2. The location outside the city means all the advantages of living in rural areas.

3. When purchasing a plot of land in the DNP, you receive a guarantee that you are a member of the partnership, and, therefore, have the full right to participate in meetings of members of the DNP and make decisions on all issues.

4. If the dacha plot is located on the land of a settlement, or lands with the status of a separate residential microdistrict, then registering in a house built on this land will be much easier than on a SNT plot (where this is not always possible even by court)..

5. There is no need to carry out a mandatory technical examination of your home 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.

The likelihood is that in the future the site will be fully equated to individual housing construction by law. Although this is actually the case now.
The presence of basic engineering, and in some cases, social (medical post, school) infrastructure is usually ensured at the stage of development of the village.
There are virtually no restrictions on the permitted dimensions of buildings, as well as restrictions on the size of the plot.

Disadvantages of a dacha plot of land, restrictions:

1. More often they have an agricultural purpose, and are intended primarily for summer cottages, and are located at an appropriate distance.

2. On DNP lands, the village administration does not provide for the provision of roads, gas, and often electricity and water supply to the sites. Therefore, this is either done by the developer of the territory, or everything is collectively paid for by all owners.

3. The cost of roads, communications, and village infrastructure is often included in the cost of the site.

4. Although the Constitutional Court of Russia has recognized the right of registration and registration in the residential building built on it for the owners of dacha plots, practice shows that it is sometimes difficult to obtain 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. On land intended for dacha farming, there is often no central provision for the construction of hospitals, shops, schools, or kindergartens. This happens much later.

6. Not every bank in Russia will accept a DNP plot as collateral if you wish to formalize a mortgage transaction. Or the amount of the credit limit will be much less than the estimated value

7. Construction is always necessary on the site country house, and then - registration of its ownership, because this land is not intended only for farming and growing agricultural products.

In a house built on such a site, it will not always be easy to register a postal address.
It’s not easy to bring DNP to the lands utility networks(gas pipeline, water supply and powerful electrical networks). If you still want to increase the power of electrical networks, you will have to go through many steps and spend a lot of effort.
Special attention When purchasing, you need to pay attention to the cost of the plot and the options that are included in it. For example, there are cases when developers do not even include mandatory target contributions in the price: roads, security, landscaping... The total cost of all these “additional” options can then amount to a tidy sum. On the other hand, it is a plus when, when purchasing and paying, it is indicated that a certain amount immediately goes towards creating communications.

Land plots for gardening

Land for gardening often falls into the same category of agricultural land as country land. Plots with the type of permitted use “for gardening” can ONLY be for agricultural purposes, as opposed to country houses. The garden plots now are mostly historical Soviet gardens. Although it was once assumed that people were allocated good and more fertile land for gardens, next to forests, lakes, and so on, 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 plot of land for garden purposes:

1. More low cost than plots of land for individual housing construction.

2. It is located outside the city, there is nature, there is often a village nearby.

3. It is not necessary to build a country house on a plot of land - the land can only be used for growing crops if its owner so desires.

Disadvantages of garden land, restrictions:

1. You will have to pay for the connection of roads, communications: gas, water supply, electricity, sewerage to the plots in SNT. Most often, it is very difficult and expensive to carry out communications to SNT sites, and sometimes it is legally impossible.

2. It is often impossible to register in housing on a garden plot, since the house is located on agricultural land, there is no settlement or street as such. Even if it is recognized and registered as suitable for living, the administration of the neighboring village does not consider it its territory, and does not know how to register you; there seems to be no address. And the district administration, even more so. Except that sometimes this can 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 home (propiska), in reality this can be very difficult and time-consuming to accomplish.

3. Banks do not accept plots of land for gardening as collateral when wishing to formalize a mortgage transaction.

4. Regardless of how large and substantial a 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, the expert assessment of your home may be low if you want to sell it, difficulties will arise with registration of all family members, etc.

Dacha farming in a permitted type of use differs from gardening in that compulsory construction is expected in a dacha village country house and registering it as property, and gardening involves, first of all, the development of a vegetable garden on your own plot, without the obligatory construction of a house. However, the law does not clearly distinguish between these concepts. In both cases there can be a house and a garden. As for registration, the law does not seem to prohibit registration in both places, but.....

The issue of registration at a dacha is not clearly regulated by law. The permission was rather in the form of a political non-objection to registration. Not registered anywhere step by step actions a citizen who wants to register in a dacha. At the same time, there are no legal prohibitions on registration in a dacha. The practice is this: an application for registration is submitted, then either they are registered or denied. You can go to court with a written refusal. Oddly enough, registration at the dacha is important to many, even if the citizen has registration 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 legally.

What you need to know about the three types

1. It is worth noting that even lawyers have difficulty grasping the difference between plots of the categories “dacha” and “gardening” - these types land plots have almost the same characteristics, pros and cons. Just as the differences between dachas and individual housing construction are conventional. 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 required power to your land plot in SNT or DNP, you will need to obtain the permission of all members of the partnership, and also bypass many authorities, obtaining a legally issued work permit. Since communications will have to be pulled from somewhere, because there may not be a populated area nearby. Therefore, this is usually done by the developer of the village, and you need to make sure of this.

3. If you want to register in a house built on a garden or dacha plot, if you receive a refusal to register, you will need to conduct an examination of the housing, get it recognized as meeting 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 with the district administration.

4. Legal registration for housing on land can only be obtained if the settlement itself is organized legally.

Individual housing construction and non-residential construction - what is the difference and how significant is it?

Let's repeat briefly

Individual housing construction - individual housing construction

This is one of the ways for citizens to build residential buildings in cities, workers’ settlements, and rural areas. The use and ownership of citizens may include plots of land provided in accordance with the procedure established by law for individual housing construction. As a rule, only residential buildings are built on individual housing construction. Some things are regulated Federal Law No. 66-FZ “On horticultural, market gardening and summer cottage non-profit associations citizens." It is this law that will determine a number of differences in DNP and individual housing construction.

Advantages of individual housing construction

Land for individual housing construction must be located in close proximity to a populated area
Availability of a police address. As a result, you have the opportunity to “register” in your home without any problems. In what case will this be important?

If you need permanent registration (without which a person cannot fully live and work in Russia), but there is no other place.
If, for example, mail delivery (newspapers, magazines, letters from tax office), courier delivery, orders from online stores. Without a clear address, all this presents certain difficulties.

Municipalities must provide individual housing construction with the necessary infrastructure: roads, transport, schools, hospitals, shops. True, this is not always the case. Therefore, most of the so-called new lands have dacha status. You can build, get legalized and register, but the rest - if you please, chip in yourself and run through the authorities, or your village developer owes you - more often than not.

The land itself and, accordingly, the house built on it were originally intended for living, so everything will be much simpler.

Disadvantages of individual housing construction

Limitations on the possible size of the plot. For various areas There are limitations that need to be clarified.
The need to approve a house project: You are building a full-fledged residential building - all the rules of GOSTs and SNiPs are fully applied to it. You will need not only to coordinate the house design with all authorities, but also to put it into operation.
Higher price of land, higher taxes and tariffs.

As a rule, to build a suburban bottom, two types of land are used:

Plot for summer cottage construction;
Individual housing construction.

These types are very different from each other, and this should be taken into account when purchasing residential or non-residential real estate. Today, many real estate companies claim that houses are the same everywhere, and purchasing a dacha is much more profitable than individual housing construction. In reality this is not the case.

If a buyer needs a house for the weekend and for the summer, it will be enough to have land on which to build a summer house. But if a buyer is looking for a home for permanent place residence, maximum attention should be paid. The dacha is intended for temporary residence, which is a building for subsequent recreation.

DNP or individual housing construction which is better

If you look at the advantages of individual housing construction over dacha construction, if you wish, you can register in such a house and also 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 a kindergarten or a school in the locality.

Some citizens must register to ensure timely pension payment. However, in modern world any payments can be made through banking organization. There is no need to change your place of registration unless necessary.

Among the disadvantages of individual housing construction, it can be noted that the price of the same territory is significantly more expensive. In addition, accommodation and services are also not cheap. Regardless of whether you live there seasonally or permanently, in order to carry out all communications, you will have to pay a considerable amount. In addition, you should seek approval yourself.

The house design will need to be first submitted to the BTI and its full compliance with future safety confirmed.

It is written about how SNT differs from individual housing construction.

Dacha amnesty for individual housing construction - construction permit

Individual housing construction objects can be registered under the dacha amnesty in the situation if they were previously built on land territories that were received before the fall of 2001. This also applies to those plots that are provided to residents on the basis of ownership, lifelong, permanent or inherited ownership. This right is not specifically stated and its type cannot be determined.

In order for a transfer to be permitted, the following documents must be accepted:

Statement;
Applicant's identity card;
Document confirming payment of state duty;
Identification document of the representative;
Notarized power of attorney for the representative.

How to transfer DNP to individual housing construction?

DNP is a plot of land 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 Russian government says that the construction of town houses intended on land areas is not legal. Despite this, many citizens seek transfer through legal proceedings. They spend a lot of time on this to prove that country house intended for subsequent permanent residence.

Such processes take a lot of time, effort and cash and may take several years. The opportunity to register in a country house does not play a huge role. Sometimes registering in your city apartment is enough. However, there are a number of advantages that appear when registering in a country house.

The most significant territories are considered to be those lands that have already been approved by the general plan and zoning scheme. But there are, as a rule, only a few such lands in the Moscow and Leningrad regions. Often master plan No. Therefore, it needs to be developed first. To develop and approve these types of official papers, the investor will need to personally participate in the process.

Taxes on individual housing construction and summer cottage construction

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 portal of Rosreestr. The final value in monetary terms is also presented in the cadastral certificate. The tax generally must be paid by the first of November 2019. The final amount depends on the number of plots.

In other words, the tax rate important element land allocation. This is the amount of charges calculated per unit tax base. Individual housing construction plots are taxed at 3 percent of the value of the land territory, 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 taxable object.

60 million Russians today are summer residents and members of various communities (partnerships, partnerships, consumer cooperatives) - gardening, vegetable gardening, summer cottages, gardening. Many of them were created back in the days of the USSR, when plots of land (ZU) for vegetable gardens and dachas were distributed at enterprises within these communities, whose members collectively owned the land and paid symbolic membership fees. However, over the past 20 years since the adoption of the law on the activities of the non-profit associations listed above, many legal discrepancies have appeared. The law is actually outdated, not consistent with the Civil, Housing and Land Code, as well as with the law on non-profit activities. What is happening today with SNT, DNP and other communities?

What is it - a non-profit gardening or dacha partnership?

First, an explanation of the abbreviations:

decoding SNT - garden non-profit partnership;
decoding DNP - dacha non-profit partnership;

Such communities are created on the basis of the voluntary association of people to solve common problems in running a country house, vegetable garden, gardening or horticultural farming.

Currently, there are up to ten types of partnerships, cooperatives and partnerships, the abbreviations of which can get confusing: SNT, DNP, DNT, etc. (See Wikipedia). However, starting from 2019, only two types of communities will remain - horticultural and vegetable partnerships.

What is the difference between a partnership, a partnership and a cooperative?

A non-profit partnership, like a non-profit partnership, owns property as a legal entity, which is the common property of all members of the community and is acquired through the contributions they make.
But at the same time, neither the partnership nor its members bear any mutual obligations or responsibility to each other. (This situation should change in 2019).
Neither a partnership nor a partnership interferes with the activities of its members, who have the right to: cultivate whatever they want on their plots (except, of course, for growing marijuana, hemp, etc.); build country/garden houses and buildings (the type of premises depends on the purpose of the land plot).
But there is a slight difference: with a partnership, targeted contributions do not belong to the community: this opened a loophole for the purchase of dacha lands in the DNP for the construction of personal castles, multi-storey cottages and mansions. More on this below.
Consumer horticultural, dacha, and vegetable garden cooperatives are created on the principle of subsidiary liability: not only the property and incoming funds are common, but also the losses of the cooperative, as well as contributions unpaid by someone - all losses are divided equally and compensated in the form of additional contributions.
The right to provide or purchase memory exists only for the community, as a legal entity, but not for members of the community.

Citizens' rights in non-profit communities

In essence, membership in communities does not provide any special rights.

Citizens who are not members of dachas, gardening, vegetable garden non-profit communities that have 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 a concluded agreement with the partnership (partnership).

Payment for the use of common property in individually should not be more than the generally established tariff within the community. However, the citizen must pay contributions for the acquisition of property or repair of infrastructure, like other members of the community.

Purpose of community land plots

On the ground you can build and cultivate not everything your heart desires. This becomes a problem for those who have built a garden two-story house in the garden or vegetable garden, then decided to connect heating and water supply to it and register his relatives in it. For those who build fundamentally:

To construct a permanent building, land is required for individual residential construction (IHC).

Land for individual construction (IZHS)

Land for individual housing construction is allocated with the permission of the municipal authorities, but permission is not required for the construction itself.
A construction project is required, developed with the participation of various specialists (architects, surveyors, electricians, communication network specialists).
Land for individual construction is more expensive than in a garden, vegetable or dacha partnership/partnership.
The house will need to be put into operation.

Advantages of individual housing construction:

the constructed premises have the status of “residential”;
property registration and registration occur without problems;
connection of communications should be free of charge;
Individual residential construction is usually carried out near socially significant objects (hospitals, schools, shops, pharmacies, etc.), roads and communications.

Land for gardening and vegetable partnerships

Land allocated for gardening or vegetable garden non-profit partnerships (SNT, SNP, ONT, ONP) must be of agricultural value.

Differences between garden and land:

The garden plot is intended for growing fruit trees, vegetables, potatoes, berries, melons, etc. It, like a summer cottage, is used for recreation, and it is allowed to build residential premises on it, including a summer garden house. If registration in a garden house is not required, you do not need to obtain a building permit.
Garden gardening - has almost the same agricultural importance (except for fruit trees). Depending on the location zone, the construction of a non-fundamental residential structure, such as a temporary shed, panel house, etc., or outbuildings may be permitted (or not).

A plot of land for a garden or vegetable garden is cheaper than a plot of land for individual housing construction, but can be more expensive than a plot for a dacha.

Flaws:

remoteness from infrastructure, roads, communications (although this is compensated by silence and picturesque views);
the need to pay for communications;
it is difficult to register a non-permanent premises and register in it;
banks rarely accept such objects as collateral.

Land for dacha partnerships (partnerships)

Land for a dacha non-profit partnership/partnership (DNT/DNP) has a number of advantages:

it can be used for agricultural activities by planting a garden or creating a vegetable garden;
at the same time, it is possible to build permanent residential premises and auxiliary buildings on it;
land for DNT (DNP) can be of both agricultural value and for settlement (thought out complete replacement dacha associations, villages-settlements);
It is not difficult to register at a dacha located in a settlement zone.

The main purpose of dacha land is recreation, although in many cases dachas are also used for permanent residence.

Also attractive is the lower price of a land plot in DNP than in SNT and individual housing construction:

less fertile lands are usually used for DNP;
Due to the greater distance from populated areas, land for a dacha settlement is cheaper than plots for individual housing construction in an urban area.

Among the disadvantages of dacha lands:

Construction of supply roads, water pipelines, electrical networks, the gas pipeline is paid for by summer residents.
Problems arise with registering the rights of owners of dachas built back in the 80s:
- bureaucratic delays, despite the dacha amnesty, due to the loss of archives, closure of enterprises that belonged to the community;
- non-compliance of the rebuilt temporary buildings with residential premises standards, etc.

Dacha non-profit partnerships will be canceled in 2019

From 2019, there will be no more DNTs: they are planned to be replaced by dacha settlements. Only horticultural (SNT) and vegetable garden partnerships (ONT) will remain.

In fact, former summer residents will become gardeners and gardeners. Land non-profit partnerships(ZNP) will be abolished.

The abolition of dacha partnerships and partnerships is due to the need to:

stop speculation with dacha lands, buying up plots at a cheap price for the construction of expensive elite cottages under the guise of dachas, self-construction;
put an end to equalization when paying fees, when the same fee is charged for a piece of land with a small house as for a luxurious mansion occupying at least a hectare;
introduce construction supervision over erected buildings, limiting them to three floors for one family.

Taxes on dachas and summer cottages are expected to rise in price utility payments when replacing DNT with settlements.

Innovations for gardening and gardening partnerships

In SNT it will be allowed to build residential premises and garden houses, and in ONT - only non-residential buildings of economic importance.

What is a garden house

A garden house is initially a one-story small building, most often wooden, of a panel structure. This is a summer building without comfort and convenience, in which you can hide from bad weather, relax or eat. Registration in such a building is impossible.

DNP and SNT plots, what is the difference, this information must be known to a citizen who decides which area of land is best to acquire as a property.

When choosing, you also need to consider whether you need to build a house on the property, whether you want to actively engage in gardening, etc.

Among available forms acquisitions real estate lands and buildings located in the massifs are:

non-profit partnership of dacha type - DNT;
non-profit dacha partnership - DNP;
non-profit gardening partnership - SNT.

All these types of ownership belong to the form of dacha cooperatives. They have a unifying principle - the use of land.

When buying a dacha, citizens are guided by price, considering it correct to choose solely based on 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 these are the moments that can cause many difficulties in the future, for example, reduce the possibility of using land or buildings.

For example, when purchasing a plot for gardening, you should pay attention to possible use precisely this territory, for such purposes. If it is intended exclusively for the construction of residential buildings, then it may be difficult to plant a garden there.

That is why, when choosing a plot to purchase for certain purposes, you need to know how they differ from each other. In particular, their legal and factual differences.

DNP territories include those areas that belong to legal entity from the owners of storage units in a specific complex. The person, in this case, is the founder or one of the members of the cooperative.

The founder acts as an intermediary between land owners who have joined the cooperative in order to use the land. It is he who coordinates all important and necessary points with the local administration. If citizens have not previously privatized land plots, then they have every right to engage in privatization in relation to the rented plot.

Important! How is it different from SNT? Such plots have a lower price because the land on them is less fertile. Typically, such areas are purchased to build a small building and grow a garden. According to the new law, it is allowed to organize DNP on settlement lands.

Pros of DNP:

low price in comparison with land for individual housing construction and SNT;
there is no need to conduct a technical examination of the building that was erected in order to recognize its status as residential;
a citizen, purchasing a plot of land in the DNP, becomes a member of the partnership and receives the right to participate in meetings;
when the DNP site is located on the land of the settlement, then the issue of registration will be much easier to resolve than in the case of a gardening non-profit partnership.

Advantages and disadvantages of such lands in relation to other categories

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 individual housing construction lands:

lower price for territory;
simplified object acquisition system.

Among the disadvantages is that it will be more difficult to obtain permission to register. On the territory of the DNP and DNT plots, in contrast to private household plots, it is allowed to erect capital-type buildings on them. But for breeding livestock and birds, these areas are not suitable.

Compared to SNT, DNP and DNT plots can be classified as budget options for real estate, with similar use of the plots. But, at the same time, despite its price, SNT lands have better quality 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 not necessary when registering buildings in other territories.

Moreover, the price of a 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. Construction of a house on the territory gardening partnership is not supported by the standards that must be observed during construction on the territory for individual housing construction.

Based on the differences between DNT and SNT, a citizen must decide which is more profitable for him to purchase. SNT or DNP, which is better?

It is better to choose a site in DNT if:

there is no desire to garden and garden;
there is an intention to build a country-type house on the site so that you can live there comfortably for a long time, as well as the opportunity to register there;
It doesn’t bother me that it will take a long time to get to the city, as well as to the infrastructure.

A citizen should choose a plot on SNT land if:

you can afford the financial expenses for communications;
there is an opportunity and desire to build a small residential building;
the house that will be built on the site is not planned to be used as the main dwelling;
has for you great value gardening and various plant growing activities.