Another reason for withdrawal: cottages can be taken away for non-payment of contributions

The logic of this proposal is as follows: according to realtors, about 10-20% of the plots in garden partnerships (SNT) are actually abandoned. In particular, this is expressed in the fact that these plots have not received membership fees for years, which are used to pay the partnership’s taxes for land and public facilities, as well as for the maintenance of the village infrastructure and electric lighting.

“Dacha communities will be able to seize land plots from the most persistent non-payers, since over such a period of debt (3 years – ed.) the cost of the plot may become commensurate with the amount of debt to the dacha community,” the letter says on behalf of realtors.

Now it is also possible to seize and sell such plots – in court. But the subtlety lies in the fact that for three years the debts on contributions in this case must be commensurate with the value of the site. If the required amount is collected not in three years, but longer, nothing will come of it: the limitation period for such debts is three years, what happened before does not count.

– If the procedure for such a seizure and sale is worked out, it will be an undoubted benefit for the garden partnership, – Igor Bulakov, chairman of one of the Moscow Region SNTs, told MK. – Let me give you an example: in our cooperative there are about a dozen sites where no human has set foot for more than 10 years. Sometimes these sites are not visited for 20 years or even more. People usually want to buy such lands – there are buyers for them both among neighbors and from outside. But there is simply no one to sell them: the owners died a long time ago, the heirs do not want to do anything for the sake of 500-600 thousand rubles, which is worth an overgrown plot with ruins. If you can seize and sell such a site – it would be great.

According to the chairman, this is beneficial for the cooperative in that the number of abandoned sites is minimized, and there are more interested people in the village. In addition, new owners of dachas will carefully pay dues, and those who have long dreamed of settling here (for example, friends and relatives of neighbors) will get such a chance.

If this proposal passes, then in Russia there will be another completely legal way to withdraw land in private ownership. Recall that over the past 10 years, mechanisms have appeared for compulsory redemption for state needs (for infrastructure facilities), as part of the integrated development of territories (KRT), as well as for non-use of land for its intended purpose. So, if the type of permitted use of land is agricultural land, then they must be used for the production of agricultural products.

– In theory, you can transfer land to another category, for example, individual housing construction (IZHS), – said Olga Kuzmina, a Moscow Region realtor. – But this is far from possible in all cases: for example, in the water protection zone, that is, on the banks of the river, agricultural land is not transferred to individual housing construction or “recreation”. This happened to my clients: as a result, they failed to transfer the land to the category of individual housing construction and had to start a farm there in order not to lose the land.

As for the CRT mechanism, it provides for the forced purchase of plots and houses in the event that a particular territory is designated as a territory of integrated development. Attaching dacha plots, say, to a reconstructed industrial zone and withdrawing them “at the same time” with it is prohibited by federal law. But on the other hand, SNT itself can fall into the KRT zone – then a large developer will undertake the development of this territory.

In the case of withdrawal of sites for a long non-payment of membership fees, the mechanism itself seems to be necessary. However, it also needs to be protected from abuse. What if the board demands the withdrawal of a completely “living” site, citing the fact that the board does not have receipts for payment? In the context of the “war of governments” smoldering in many SNTs near Moscow, this is not so impossible …

In general, the future legislative initiative has not only supporters, but also numerous opponents. Their main argument is that the construction business will try to squeeze out the most tasty plots from summer residents, and those SNTs that are located near Moscow will be at a special risk zone, and they are not interested in abandoned dachas at a distance of 100 or more kilometers from the Moscow Ring Road. Although the problem of abandoned plots is more relevant, the farther the land is from cities and promising villages.

According to Fyodor Mezentsev, an expert in the field of dacha legislation, for the past 3 years the media have been actively discussing the topic of eliminating SNT and transferring them to settlements. This initiative is supported by both developers and owners of management companies. For economic reasons, the former are forced to diversify their business from the construction of apartment buildings (MKD) in favor of low-rise buildings. And the latter want to expand their sphere of influence, adding to the service, in addition to residential complexes, the private sector. Show active support for these initiatives and some deputies. At the same time, most of those who talk about the collapse of SNT live outside the city in comfortable cottage settlements and are not going to change anything at home. That is, as always: protection and improvement – for the elite, seizure of property and increased tariffs – for the rest.

“The idea of ​​a simplified withdrawal of unused or abandoned sites belongs to business. This is the second such initiative aimed at capturing promising land that “does not lie well” within the borders of SNT, Mezentsev says. – Against the backdrop of last year’s “dacha renovation” initiative, according to which, if a decision is made by 2/3 of the residents (we have already seen how such decisions are made when choosing the “necessary” management company in apartment buildings), the SNT territory will be demolished with subsequent compensation real estate owners, and abandoned and unregistered plots in this case will go to the developer (investor, developer) for a penny. And now calculate the potential profit: the owners will be reimbursed at the cadastral value, not to mention the fact that you don’t need to pay for the “swindle” and abandoned land, despite the fact that the price of 1 weave in the near Moscow region now starts from 1 million rubles ” .

At the same time, the expert believes, already in the current dacha legislation there are enough levers to influence malicious debtors for contributions to the SNT.

“If the chairman and the board are actively working with debtors, then they are left with only problematic heirs who come into their rights. But even such cunning residents have their own “nail”. If the heirs do not draw up documents, then the provision of any public services can be stopped on absolutely legal grounds: to prohibit the use of automatic gates at the entrance, turn off the water supply or electricity supply, Fedor Mezentsev advises. – No documents – no services, as well as the right to participate in general meetings. Therefore, such “non-heirs” will be forced to negotiate with the current government and pay off debts.”

As a rule, the amount of debt on membership fees does not exceed 20-30% of the cadastral value of the site. But in the far suburbs, where the cadastral value of six acres averages about 150 thousand rubles, SNT may well go to court for the forced seizure of such land if the property is registered. The question is different: who needs a site 120 km from Moscow on the site of former peat extraction?

It is more difficult with abandoned empty plots: any restrictions are irrelevant for them. Therefore, competent chairmen are forced to apply to the administration with a request to recognize such land plots as escheat. The procedure is lengthy, the local authorities are not interested in doing this, since in the Moscow region such plots can be sold either by putting up the right to lease or by providing them to beneficiaries, for example, large families. SNT is also interested in the fact that such escheated property is provided by law to the partnership itself, which, by decision of the general meeting, will be able to dispose of it in the future and receive additional funds for infrastructure development. Therefore, we need a law on the transfer of escheated property within the boundaries of the SNT to the partnership itself, and not to the state. This will be a real support for summer residents.

Commentary by Vladimir Shapkin, Chairman of the Committee on Property Relations and Land Use of the Moscow Regional Duma: “This initiative will be discussed in the State Duma. But even if any legislative act is developed on the basis of it, it is the court that always puts the final point in the property issue. At least, I can say from practice that all property cases are always resolved through the courts.