Is it worth buying a plot using a garden book, and how to do it?

A garden book is a document confirming membership in a gardening partnership. The SNT participant is granted the right to use a garden plot of land. However, this legal status of the land limits the owner’s ability to dispose of the land at his own discretion. Thus, without formalizing privatization, a member of the SNT will not be able to conduct transactions for the alienation of the site.

A plot of land with an uncertain legal status and without the necessary title documents is valued cheaply. But most purchasers do not think that in order to carry out the procedure for legitimizing and registering land ownership, large time and financial costs will be required.

The most common situation is when the seller of the plot has only a garden book among all the title documents. Is it worth buying such plots? What consequences should you be wary of when purchasing land using a garden book? Let's look at it in detail below.

Is it worth buying a plot of land using a garden book?

If the owner has not taken care of registering the plot of land he owns, then he will only be able to present a garden book as a title document during the sale.

The mechanism for transferring the right to use a site is quite simple. The acquirer of the land, together with the seller, writes an appeal to the management of the partnership about joining the partnership and, accordingly, about leaving it. A garden book is issued in the name of the new user. But this procedure does not give you any rights to dispose of property.

The positive features of such a simplified scheme for purchasing a garden plot are as follows:

low cost of land plots in comparison with equivalent plots that have undergone the privatization procedure;
transfer of the right of use does not require notarization;
efficiency of concluding a transaction (in a short time you become the owner of a garden plot).

Significant disadvantages of purchasing land using a garden book include:

you do not have the right to conduct transactions for the alienation of SNT land;
you will have to deal with procedural issues related to transferring money and recording this fact yourself at your own peril and risk;
when registering land ownership, it is necessary to collect a large number of documents confirming this right, and it is possible that lost information about the site will have to be restored through the court;
the process of privatization of such lands, as a rule, is lengthy;
Since the booklet confirming membership in SNT does not undergo state registration and notarization, there is no guarantee that the same document will not be issued (or has not already been issued) to another user.

In the latter case, you will have to prove your right to land in court.

Based on the above, most qualified lawyers advise against purchasing land on the basis of a garden book, despite the attractive price of such offers.

If you nevertheless decide to purchase a plot without title documents, then use the following recommendations:

make sure that the former user of the land formally exits the SNT and pays all necessary fees;
write an appeal to the authorized body of the board of SNT about including you among the participants of the partnership;
make sure that your membership in SNT is formalized by a protocol decision of the general meeting of the partnership participants;
take from the seller a document (receipt) confirming receipt of funds for a plot of land (if the transfer of money took place in the presence of witnesses, ask them to also put an certifying signature on the receipt);
consult in advance about the possibility of registering a dacha plot as private property, and find out whether this procedure is planned on a collective basis (privatizing SNT lands in a general manner is easier and cheaper than carrying out this procedure independently);
if the prospects for registering the land are more than vague, insist that the seller carry out the privatization procedure for the plot independently and then transfer the land to you as part of the purchase and sale agreement. This mechanism will give you confidence that your rights to the site will not be challenged.

What documents will be required when selling a summer house?

Even if the seller has an extract from the Unified State Register, ask him to order a new one. The fact is that the information in this document becomes outdated very quickly, and during the time that has passed since the issuance of the first extract, an encumbrance could have been imposed on the object. In this case, the buyer’s property will not be registered. Therefore, experts recommend ordering a current statement immediately before the transaction. You need to apply for it at one of the offices of the Cadastral Chamber or multifunctional centers (MFC). From the extract you will find out whether the dacha house and land plot belong to the seller, whether the dacha has one owner or several, and whether there is an encumbrance or seizure on the property. In addition, you can obtain this information for free on the Rosreestr website (www.rosreestr.ru) using the “Online Reference Information about Real Estate Objects” service.

If the certificate of ownership was issued to the seller before 1999 (before the creation of Rosreestr), there is no information in the Unified State Register of Real Estate about this object. In this case, you need to contact Rosreestr to make an entry about it in the register.

“All rights to real estate that arose with the owners before January 31, 1998 (before the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” came into force) are retained by the owners . But at the same time, information about previously arisen rights to real estate does not automatically appear in the Unified State Register of Real Estate, explained the Office of Rosreestr for the Krasnoyarsk Territory. — The owner of a land plot or house can, at his own request, submit an application to enter this information into the Unified State Register of Real Estate. At the same time, the legislation establishes cases when registration of previously arisen rights to real estate is mandatory (Article 69 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”). One of them is if the owner is going to sell the property.”

Moreover, the seller does not have to first enter information about the object into the Unified State Register of Real Estate and only after that enter into a transaction. You can submit documents to make an entry about it in the Unified State Register and register the transfer of rights in a purchase and sale transaction at the same time.

In this case, you will have to pay two fees. The amount of the state fee for registering rights to real estate is established by Article 333.33 of the Tax Code of the Russian Federation and for individuals is 2,000 rubles. For state registration of an individual’s ownership of a land plot intended for personal subsidiary farming, dacha farming, gardening, gardening, individual garage or individual housing construction, or for an object created or created on such a land plot, you will need to pay a fee of 350 rubles .

What does it mean to buy a plot using a garden book?

Please note that by purchasing a plot using a garden book, you are acquiring membership in a gardening partnership, and not ownership of the land. This fact proves the riskiness of such transactions.

You should be alerted by the fact that the seller, of all the title documents, only has a booklet confirming membership in a gardening association.

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As a rule, this means that some problems arose with the privatization of the land being sold, otherwise the seller himself would have registered ownership of the land. This would be much more profitable for him, since the cost of legalized plots is much higher than unregistered ones.

The owner of SNT lands is the local government body on whose territory these plots are located. In this case, you can find out about the possibility of privatization of such lands from the local administration. Perhaps these areas are encumbered and restricted in circulation, or there is an easement.

How to register land ownership in SNT in 2021

But not all gardeners have such documents on hand. We are talking about summer residents “with experience”. During the Soviet period, enterprises and organizations distributed allotments to their employees. The land could be transferred not to a specific citizen, but to a partnership, which then dealt with its distribution. Legally, the plots are not owned, but are in perpetual use by SNT members. The state continues to be the owner of such land.

If the SNT lands on which the allotment is located were allocated in the period after the adoption of the Land Code, the project documentation must be approved without fail. In the absence of documents, the owner of the plot will first have to contact a cadastral engineer. He will prepare a diagram of the location of the plot on the cadastral plan of the partnership's land.

the plot is located within the boundaries of the SNT territory;

the land was transferred to the gardening partnership before the adoption of the Land Code of the Russian Federation (before November 10, 2001);

the allotment was assigned to the user by decision of the general meeting as a result of the adoption of another document by which the allotments were distributed among the participants of the association;
the land was not withdrawn from circulation; no decision was made regarding the allotment on reservation for the needs of the state or municipality.

In the latter case, the land is allowed to be transferred to the user without bidding solely under a lease agreement. The land user should pay attention to the fee. Its amount cannot be greater than the amount of land tax paid by owners of similar plots.

The SNT board may not have papers on hand confirming the fact of transfer of land. This usually happens when plots were given to employees of Soviet enterprises, most of which have long since ceased to exist. In this case, the owner of the plot will have to contact the archive.

What to do? You will have to go to court with a claim to recognize ownership rights. Here there is a competition of laws - the law of the subject of the Russian Federation (for example, the above-mentioned Law of the Samara Region) and the federal law (clause 2.7 of Article 3 of the Federal Law of October 25, 2001 N 137-FZ). The article of the federal law states that members of the partnership have the right to register their plots as property and there is nothing there about coordinating the boundaries of the partnership. The courts believe that federal law is of greater importance, so they most often make decisions in favor of citizens.

The procedure for purchasing a plot using a garden book

The main distinguishing feature of a transaction for the acquisition of a plot on the basis of an SNT book from a standard sale and purchase is the legal status of the parties to the transaction. In the first case, the subject of the transaction is, in fact, joining the SNT, and in the second - obtaining a plot of land on the right of ownership.

The algorithm for purchasing land using a garden book is as follows:

ask the chairman of the gardening association for a plan for cadastral registration of the land plot (if it is not available, it is recommended to refrain from purchasing the plot);
ask the land seller for a document confirming the absence of arrears on membership fees;
talk with the owners of neighboring plots about the possibility of conducting land surveys and registering ownership rights, find out if they have any complaints about the boundaries of the land plot being sold;
enter into an agreement for the purchase of land and indicate in it all the characteristics of the buildings on the site (to confirm that you are acquiring all rights not only to the land, but also to the objects built on it);
have the contract for the purchase of land and the receipt for the transfer of money notarized (this procedure is not mandatory, but its implementation will allow you to protect yourself in case of fraudulent actions on the part of the seller);
submit an application to the SNT board with a request to include you in the list of participants.

Make sure no one else is vying for the dacha

In order to sell a dacha, you will need the consent of the seller’s spouse to carry out the transaction, certified by a notary. It is necessary to receive it, because the spouse who did not consent to the transaction has the right to later demand that the transaction be declared invalid in court. If the seller has recently divorced and less than three years have passed since the divorce, a notarized agreement on the division of joint property or a court decision on division will be required. It should say that the second spouse has no rights to the dacha.

When a dacha is sold by power of attorney, you need to make sure that the power of attorney was actually issued. You can check it on the website of the Federal Notary Chamber (www.notariat.ru). The register of issued powers of attorney is publicly available here, and anyone can check the legality of this document. To do this, you need to know the last name, first name, patronymic of the principal, the date of the power of attorney or its number. If information about it is in the register, it means that such a power of attorney was actually certified by a notary. If you cannot find a power of attorney with such details, it means it does not exist.

How to buy a dacha

Vegetable gardens involve the cultivation of vegetable products and the construction of only temporary, non-capital (without foundation) buildings on the ground. On garden plots (formerly dachas) it is allowed to build both temporary economic structures and permanent buildings, including garden houses. Residential garden houses are divided into types: for temporary (seasonal) residence and for permanent residence. In the latter case, it is possible to obtain permanent registration of the place of residence at this address. The main condition is the physical ability to live year-round (heating) and the presence of an address.

It is also necessary to distinguish between cadastral and inventory values of real estate objects. It matters when taxing the property of citizens. The inventory price has a formal character. It was installed by the Bureau of Technical Inventory based on the quality characteristics of the land and buildings.

documentation confirming ownership of the land plot and buildings on it;
technical documentation for the site (cadastral passports) and buildings (technical passports with a floor plan);
documents proving the identity of the owner (spouses);
certificate from the tax office confirming the absence of debt.

If the object was built before 08/04/2018, then until 03/01/2019 you could simply notify about its availability. The bill has been extended and can be used further. In the future, the procedure is simplified. The owner of the site should not obtain a construction permit and then put the facility into operation. Before construction, it will be necessary to notify the authorities of your intention, and then report the completion of construction and register the property.

Since 2021, all real estate data has been entered into the EGRN, a national electronic database. Information about the land plot with the real estate located on it is issued in the form of a certificate (extract) from the register. Documents when purchasing a dacha must be current at the time of the transaction. Old cadastral passports are valid, but not current.

— Ideally, of course, there should be ownership of the land and the house. But, I repeat, this is an ideal case, extremely rare. If all these documents are available, then it will most likely be a cottage, which is expensive, and therefore is registered according to all the rules. If an ordinary dacha is for sale, in the best case, the land is registered as the property, and that’s all. Although there are no problems registering the house, either the owners are afraid of taxes or something else...

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. I want to buy a plot registered according to a garden book, what is the correct procedure?

For example, beware of buying a dacha next to the railway - there are many of these in old societies. It seems that the plot is included in the dacha community according to the documents, but in fact the land belongs to the railway. The fact is that according to the law there must be an exclusion zone near the railway. Most likely, of course, no one will ever drive people away from there. Unless the railroad has some new rules. For example, they will be obliged, as in Europe, to fence off the roads with a beautiful soundproof fence. This is already being done in the Moscow region. The fence will move five meters away from the site - that will be sad...

Example. The site has fertile soil, all communications are in place, and infrastructure is developed. But the plot is adjacent to a river, so there is a high probability of flooding, and the owner does not have the right to prevent citizens from accessing the river, which means he will have to refuse to install a fence.

The acquisition of land is becoming more popular in the real estate market. Some are buying for the construction of a country house, while others are considering land for commercial purposes. One way or another, any real estate transaction always involves certain risks.