How to transfer SNT to individual housing construction in 2021: list of required documents, errors

Article updated: September 30, 2021
Devyatkin Alexander Land lawyer. Experience working with land plots since 2005.

Hello. The instructions on this page are universal and suitable for all country houses on country / garden plots. It doesn’t matter how the plot was acquired—whether it was registered as ownership on the basis of perpetual use/inherited ownership; purchased; received by inheritance; received as a gift; rented under a lease agreement; rented under a lease agreement; leased under an agreement for assignment of lease rights, etc. The main thing is that the owners/tenants have a land document that confirms ownership or lease rights.

(to enlarge the picture, click on it)

To register ownership of a country house on a plot of land that is already owned or leased: 1) Study the requirements for the house and the plot. 2) It is advisable to clarify the boundaries of the site; 3) Order a technical plan and declaration for the house; 3) submit an application for registration of property rights to the MFC or the Federal Registration Service.

First, carefully read the main points and conditions for registration, and only then the instructions.

Differences in the characteristics of SNT and individual housing construction

Land plots owned by SNT (horticultural non-profit partnership) and individual housing construction (individual housing construction) have some differences:

Characteristic	SNT	individual housing construction
Definition	A horticultural non-profit partnership is a non-profit organization established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening (Federal Law dated 04/15/1998 No. 66-FZ (as amended on 07/03/2016) “On horticultural, gardening and dacha non-profit associations of citizens").	Individual housing construction is a form of providing citizens with housing through the construction of houses on the right of personal ownership, carried out with the direct participation of citizens or at their expense (SP 30-102-99 Planning and development of low-rise housing construction areas 01/01/2000).
Market price	Relatively low	High
Construction permit	Not required	Required
Electricity supply	Depending on the location of the site (whether it is possible to connect electrical networks)	Necessarily
Gas supply	Depending on connectivity	Depending on connectivity
The tax burden	Lower than individual housing construction	Higher than SNT
Availability of address	The police address does not contain the street name, but there is the name of SNT and the number of the precinct (house)	Full address with street name and house number
Possibility of registration	Eat	Eat
Availability of infrastructure	Depends on site location	Necessarily

How to transfer SNT to individual housing construction without an address

In the absence of an address, the transfer of SNT to individual housing construction is carried out by the interested person submitting to executive authorities or self-government bodies a petition and a package of documents specified in the section “Required documents required when transferring SNT to individual housing construction” of this article.

After reviewing the documents, an act on the transfer of lands or land plots as part of such lands from one category to another, or an act on the refusal to transfer lands or land plots as part of such lands from one category to another, will be provided.

Peculiarities

The intended purpose of individual housing construction land is to expand administrative units by building a house, as well as a bathhouse, a garage, etc. SNT is a company that has its own charter, chapter and board. Therefore, members of the gardening partnership are required to account for actions performed on the land.

The main reason that forces citizens to undergo the transfer procedure is the need to obtain registration in a built house. It is almost impossible to register with SNT.

Another significant advantage of the transfer is the rise in price of land. Therefore, many people buy a plot for SNT, and then resell it as individual housing construction. The owner should know that with a change in the category of plot, the cadastral value and the amount of land tax will increase.

If SNT is transferred to the status of individual housing construction, then municipalities will be responsible for its improvement, supply of gas, heating, and electricity. After transferring to individual housing construction, the land plot can be pledged to the bank. It is also possible to build a house on it using maternal capital.

Note! After transferring SNT to individual housing construction, housing must be built within 10 years, otherwise the tax will double.

Construction must be carried out on the basis of permits obtained from the authorities. After completion of construction, additional approvals will be required for commissioning.

The procedure for transferring SNT to individual housing construction

In accordance with Federal Law No. 172-FZ, in order to transfer land from one category to another, it is necessary to carry out a certain procedure:

No.	What needs to be done?	Explanation
1	Submit a petition for the transfer of land from one category to another or for the transfer of a land plot from one category to another to the executive body of state power or local government body authorized to consider the petition	The petition states: cadastral number of the land plot; the category of land that includes the land plot, and the category of land that is planned to be transferred to it; justification for transferring a land plot from one category of land to another; rights to land.
2	Provide the necessary documents	The list of required documents is presented in the section “Required documents when transferring SNT to individual housing construction” of this article.
3	Receive an act on the transfer of lands or land plots as part of such lands from one category to another, or an act on the refusal to transfer lands or land plots as part of such lands from one category to another	The act is adopted within the following deadlines: within three months from the date of receipt of the application; within two months from the date of receipt of the application - by the executive body of state power of a constituent entity of the Russian Federation or a local government body. The act on the transfer of lands or land plots as part of such lands from one category to another contains the following information: grounds for changing the category of land; boundaries and descriptions of the location of land, for land plots their area and cadastral numbers; category of land from which the transfer is carried out; category of land to which the transfer is carried out. An act on the transfer of lands or land plots as part of such lands from one category to another, or an act on the refusal to transfer lands or land plots as part of such lands from one category to another is sent to the interested person within 14 days from the date of adoption of the act.

In case of disagreement with the act on the transfer of lands or land plots as part of such lands from one category to another, or the act on refusal to transfer lands or land plots as part of such lands from one category to another, the interested person may appeal the decision in court. Read also the article: → “Taxation of SNT in 2021. What are the interest rates and payment procedure?”

From January 1, 2021, a garden house can be recognized as a residential building

From November 1, 2021, owners of plots whose territory is not in demand may be fined from 2 to 5 thousand rubles. “Not in demand” means that the land is not used for its intended purpose - it is overgrown with weeds. For officials who own land plots, the fine ranges from 20 to 50 thousand rubles, for legal entities from 150 thousand to 1 million rubles.

Fines for gardeners and the fight against debtors

The new law does not oblige gardeners to demolish capital buildings if they were erected and registered before the entry into force of Federal Law No. 2021. Also, owners of plots in the DNP should not worry about the exclusion of the legal concept of “dacha” from legislative documents. Previously in the Russian Federation there were 9 forms of association of citizens owning land plots (various cooperatives, partnerships and partnerships), now there are only 2 left: SNT and ONT. This means that all other associations will be renamed, the content of the charters of organizational and legal forms will gradually change. We can say that land owners will not “feel” serious changes due to the transfer of DNT to SNT or ONT, because they will not have to make any changes to the title documents for the house and land.

May 19, 2021 yuristco 581

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Necessary documents when transferring SNT to individual housing construction

According to Article 2 of Federal Law No. 172-FZ, in order to transfer a land plot from one category of land to another, the following documents must be provided:

a petition for the transfer of land from one category to another or a land plot from one category of land to another (a detailed explanation of the petition is given in the section “Procedure for transferring SNT to individual housing construction” of this article);
a copy of the applicant’s identity document;
extract from their Unified State Register of Real Estate;
conclusion of the state environmental assessment if necessary;
consent of the owner of the land plot to transfer the land plot from one category of land to another category of land.

Documents must be submitted to executive authorities or local government.

If the applicant has not provided an extract from the Unified State Register of Real Estate and the conclusion of the state environmental assessment, executive authorities or local governments have the right to request these documents independently.

Price issue

Passport of the applicant(s).
Power of attorney to represent interests.
Technical documentation for buildings.
Cadastral passport for land or extract from the Unified State Register of Real Estate.
Certificate of ownership or extract from the Unified State Register.
Consent of other owners to transfer land to another category.

Preparation of documents

The deadlines for consideration are specified in the regulations for the provision of state or municipal services, which guide local governments. It usually takes 30-60 working days to review the received application.

There are other categories of land - individual housing construction and non-residential construction . Individual - lands for individual housing construction , DNP - dacha non-profit partnership. Each of these categories has its own subtleties, disadvantages and advantages.

Errors when transferring SNT to individual housing construction

When transferring a land plot that is part of the SNT to the status of land for individual housing construction, it is possible to receive a refusal in a number of cases:

a person who does not have the authority to do so applied for the transfer of lands or land plots as part of such lands from one category to another;
The application was accompanied by documents drawn up in violation of the law.

In case of refusal to consider the application, it must be returned to the interested person within 30 days from the date of receipt. The reason for refusal when considering an application must be explained in writing to the interested person.

Example 1. The Chesnokov spouses have owned a land plot that is part of SNT for 30 years. The land plot is registered in the name of the spouse, but the spouse applied to transfer the land plot from the SNT to the category of land plot subject to individual housing construction. This petition cannot be considered, because the spouse does not have the right to carry out this procedure.

Within 30 days, the Chesnokov family received a letter from the district administration refusing to consider the application for the transfer of a land plot from one category of land to another category of land with justification for the refusal (the application was submitted by a person who does not have the authority to do so).

Reasons for refusal to transfer SNT to individual housing construction

In accordance with Article 4 of Federal Law No. 172-FZ, an applicant may receive a refusal to transfer a land plot from one category to another for a number of reasons:

Federal legislation restricts the transfer of specific lands from one category to another;
negative environmental report;
inconsistency of the desired category of land with the approved documents of territorial planning and land management.

Land owners need to understand the fact that not all requests to change the category of land will be satisfied. The legislation quite clearly explains the reasons that may serve as a reason for refusing to transfer land from one category to another. An interested person can challenge the decision of executive authorities or local self-government bodies in court, but if the applicant’s wishes contradict federal legislation, the court, as a rule, decides to refuse to transfer land from one category to another.

Category “Questions and Answers”

Question No. 1. We do not have the opportunity to transfer our land plot from SNT to individual housing construction. Land category: lands of settlements, permitted use: gardening. Can we register a house built on this site?

The legislation allows you to build a house on your site for year-round use, and therefore you also have the right to register this house, but only after registering the house itself and receiving a cadastral passport.

Question No. 2. We have built a house on SNT land, where we live year-round. The administration does not give permission to transfer land from one category to another, citing its refusal by distant plans for this territory. Is this legal?

You can always challenge the administration’s decision in court, but you should remember that in accordance with Federal Law No. 172-FZ, if the desired category of land does not comply with the approved territorial planning or land management documents, the administration does not have the right to issue an act on the transfer of land or land plots as part of such lands from one category to another.

Requirements for a plot of land

The maximum size of plots is determined by the regulations of local authorities. Each region has its own areas. On average, the minimum size of land for individual housing construction is 3 acres, the maximum is 30 acres.
The site must be located within a city, town or settlement. None of the boundaries of the land plot should cross one of the boundaries of the neighboring plot, information about which is already contained in the State Property Committee.
The location of all objects must strictly comply with the requirements of SNIP. The owner does not have the right to build a house, install a bathhouse or other structure wherever he wants. This also applies to planting garden trees and shrubs, the location of which must be strictly planned by state regulations.
On an area of 1.5 thousand m2. You can build only 1 house of no more than 3 floors. Set up a garden and vegetable garden. The territory of the site must be separated by a fence no more than 0.5 meters high. When starting construction, it is necessary to retreat from the road at a distance of 5 meters and at least 3 meters if there is a passage there.