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

Many owners of SNT plots want to change the type of permitted use of their land to individual housing construction.
The law allows the construction of houses on certain types of land , but still construction work on plots allocated for individual housing construction is preferable.

As a result of the transfer, the constructed house can be recognized as residential and registered in it, as well as legally used for permanent residence.

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

Categories of plots

The land plot owned by SNT is land suitable for agriculture. When registration took place at the addresses of summer residents, the difference between the categories of land was almost erased, but the purpose remained. Land for individual housing construction is plots for individual housing construction; the purpose of the land is to expand the boundaries of a populated area through the construction of houses and structures.

The legislation divides land areas into main categories:

agricultural;
settlements;
forest fund;
water fund;
industrial;
land reserve;
areas of high security, etc.

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.

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?”

The procedure for registering a garden plot for construction

Necessary:

Draw up a declaration;
Register ownership of the object;
Submit documents for state registration to the Land Chamber.

Documentation

The declaration must reflect information about:

Type of construction - country house, kitchen, amenity room, barn, etc.;
The materials from which the building is constructed;
Construction area;
Site information.

Ownership of an object is formalized upon provision of:

Receipt confirming payment of state duty;
Documents regulating the right of ownership of the site;
Declarations.

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.

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).

Possible difficulties

The most important problem that can arise and cause difficulties in using SNT plots is the impossibility of year-round living and construction on such a plot .
If the administration plans to use these lands for agricultural work, then the transfer turns out to be impossible at all. We just have to wait until the status of the entire land mass changes.

For land category individual housing construction, the difficulty arises in the requirements for the construction of a residential facility and its compliance with accepted standards. You will need to approve the development plan from the administration, obtain a building permit and a lot of other paperwork.

If there are no communications to the site in SNT, which the owner plans to transfer to individual housing construction, a refusal will be received. The installation of electricity, water supply and sewerage will be carried out at the personal expense of the initiator of the transfer of the land plot. This requires huge costs.

The solution may be to search for neighbors who are planning the same transfer of land and will be able to take part in carrying out communications and paying for the relevant work.

Attention! Even in such a situation, difficulties will arise in the future due to the lack of roads and infrastructure: schools, kindergartens, clinics and other things.

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.

Features of changing the type of permitted use

Individual housing construction is a type of permitted use of land, SNT is one of the forms of a legal entity. The plots of gardening non-profit partnerships have a VRI “Maintaining gardening” or “Maintaining a dacha farm”.

The procedure for changing the VRI of a site
can go in the following directions :

A simple change of VRI allotment for partnerships located on the lands of populated areas.
For partnerships located on agricultural lands - a change in the category of land followed by a change in the VRI.

Here you need to take into account that the authorized government body will allow changing the category of land if the following conditions are met :

All members (or most) of the partnership want to change the category of land.
SNT is located in close proximity to the boundaries of the settlement's lands.
The annexation of the SNT site to the lands of the settlement is in accordance with the settlement development plan.

Agricultural lands classified as particularly valuable are not subject to transfer to individual housing construction.