Almost every second citizen dreams of owning a personal summer cottage with a fairly large area. At the same time, the choice of the predominantly majority when acquiring summer cottages falls precisely on a garden non-profit partnership. In general, a partnership is an organization with a certain list of rights and obligations.

Unfortunately, the legislative issue with the norms by which the activities of SNT are legally regulated has not been fully resolved. This leads to the emergence of many rather controversial points, and in a variety of issues.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Starting from this year, the amendments included in the law “On horticultural and horticultural associations” come into effect. They were approved by the Constitutional Court. Previously, the law spoke about the impossibility of recognizing garden and country houses as living quarters. Consequently, the registration of citizens in them was prohibited.

Previously, dachas were presented as some kind of dilapidated building, outwardly resembling a small hut, however, now in SNT you can often find houses with two floors and cottages.

There is nothing in these buildings that would prevent the possibility of permanent residence of people in them (they are fully adapted for this - there are all the necessary intra-house systems that provide residents with vital resources: water, electricity, heat).

You can live in such buildings during the cold season. But, given the previously existing norms, if the building was listed in the structure of the partnership, it could not be attributed to the housing stock.

Since 2015, everything has been radically changed - the possibility of registration in a country house located in SNT has opened up. Such changes are most likely to lead to a quite logical increase in the price of summer cottages.

The greater the number of citizens officially registered in partnerships, the faster the global process of improvement of these territories will begin. A number of problems related to registration may appear - with significant registration of citizens within the partnership, the latter should be given the status of a settlement. Hence the ensuing consequences - the need to build roads, hospitals and schools.

Conditions for recognizing a house on a garden plot as residential and registering in it

Since the rules of law, which in the past introduced restrictions for summer residents regarding registration in their country houses, were changed by the corresponding decision taken by the Constitutional Court of the Russian Federation, at the moment, every citizen, if he owns a house located within the SNT, can freely register in it .

At the same time, you need to know that this fact, even taking into account the absence of legislative restrictions on the rights of persons to register on the territory of such garden partnerships, is not a reason for this territory to acquire a new status and be designated as a settlement.

This moment leads to the fact that public authorities are not responsible for the improvement of such territories and their proper provision (municipal, transport, etc.). As an exception, one can only designate the observance of civil rights and freedoms by power structures.

To perform registration at the place of your actual residence (whether it be a dacha, gardening or gardening partnership), you need to comply with a certain list of conditions:

• The land plot where the house is built (suitable for permanent residence in it) and at the address of the location of which registration is planned must have a certain category and type of permitted use. You should be aware that if a house is located within agricultural land, they cannot refuse registration in it, since the fact of registration at their place of residence, even on the territory of SNT, cannot become the basis for violating the law that regulates the obligation of citizens to exploit land the site is strictly within the limits of the purpose determined for it;
• The house in which the citizen decided to register must acquire, in the manner prescribed by law, the status of a dwelling in which residence is possible throughout the year (not taking into account the change of seasons). Therefore, the building must have structural strength, it must have communications that would provide the necessary level of comfort for the possibility of living in the house of citizens;
• The land plot on which the residential building is located (like the last one) must be registered as private property;
• When the indicated conditions are fully met, the registration authority has no grounds for refusing to carry out registration actions at the place of residence of the citizen in the specified premises.

Under what basic conditions can a building be considered habitable?

The most difficult thing when registering in a house located within the SNT is to prove its suitability for permanent residence.

Taking into account the government decree issued on January 28, 2006 under No. 47, establishing the procedure and grounds sufficient for the premises to be recognized as suitable for living in it, it must comply with the following requirements:

• Each building structure (both enclosing and load-bearing) must be in proper condition;
• The equipment in the room must allow for safe movement within the room, ensuring optimal operation of each of the communication systems;
• The dwelling must have functioning engineering systems that provide adequate lighting, supply of potable water, drainage, ventilation and heating (in cold weather). If in the area where the partnership is located, there is a main that serves to transfer gas to consumers, the house must be provided with gas supply. Only when there are no centralized networks within the settlement and the height of the building is not more than two floors, is the absence of an intra-house sewer system and a drainage system acceptable;
• Each of the engineering in-house systems must have a sufficient level of safety (according to the requirements) and comply with sanitary and hygienic standards;
• The foundation in the house must create reliable protection against the penetration of natural waters (rain, ground, melted water);
• The building must fully comply with all requirements relating to fire safety;
• The height of a residential building (floor and walls) must be within the normal range, including taking into account the area where the building is located;
• The rooms and kitchen of the building should have sufficient natural lighting;
• Indicators of noise level, infrasound, vibrations, electromagnetic radiation, the presence of substances harmful to health must be within the safety standards;

If the premises do not meet the designated standards, they cannot be recognized as residential, and this will lead to the impossibility of registration in such a building.

Registration procedure in SNT

First of all, you need to check that the cottage has acquired the status of a residential building. The interdepartmental commission under the municipality can help with this. The applicant's documentation, the application itself and the collected package of documentation for the dacha (it includes a technical passport, a document that serves as the main confirmation of ownership, and a cadastral passport) must be submitted to the commission.

You will also need an opinion from an expert about the current state of the building. At the same time, the commission may issue a refusal both at the stage of making a decision on the assignment of the status of a residential building, and even at the time of acceptance of the application. It should be noted that under these circumstances, the owner has the right to challenge such a decision through the courts.

From the moment the court decides to grant the status of a residential house to a country house, such a decision can be assessed as a basis sufficient for registration.

It should be noted that in some cases it is much easier to obtain it than the process of waiting for a positive result when applying to the interdepartmental commission. Registration of persons is carried out by the FMS division in the territory.

The subdivision is contacted to register on the territory of the partnership, only with a court order or a decision of the commission. Speaking about the pre-trial procedure, to resolve the issue, you need to contact the head of the commission directly, and then to the head (deputies) of the relevant department of the FMS.

During the usual registration of citizens, a simple scheme works: sending an application, issuing a decision, registering, returning documentation. If you take a residence permit in the country, such a mechanism does not work so well.

The reason for this is the ill-conceived legislative provisions in this direction, the lack of clarifications and a specific order in the legal acts that provide for every nuance of the issue.

What documentation is required to register?

A citizen must submit the following documentation to the FMS department on the territory (at the location of the country house):

• passport;
• a document defining the right of ownership;
• an application separately filled out on a special form issued by the FMS employees.

It is the process of obtaining a certificate that is one of the most labor-intensive. This document is issued only when the status of a residential property is assigned to the premises. In itself, the structure of the dacha cannot be initially assessed as residential.

The transfer procedure is characterized by a rather long period, since it is necessary to carry out a number of works to bring the structure into its proper form. In addition to the documents, you must also provide copies of them. The registration process takes an average of one to three months. How can the owner be registered at his dacha?

Starting from March 2015, every citizen who owns such a piece of real estate as a dacha has the opportunity to register at the address of its location both for himself and for other persons related to members of his family, or outsiders.

The whole process can be described as follows:

• A citizen is removed from registration at the place of the previous address, receiving a departure sheet. Together with the owner, you need to approach the body responsible for these issues (the department of the Federal Migration Service on the territory of the country house);
• You will need a passport of the owner, a registered tenant, as well as documentation of a title character (if we are talking about a citizen's registration on a permanent basis);
• In the case when the dacha is the property of several persons, their presence at the FMS during registration is mandatory, plus a separate written permission must be provided regarding the registration of the tenant;
• Permission is not necessary when a person is registered before the age of eighteen years together with both or one of the parents.

Theoretically, a temporary residence permit can also take place when the owner is not present, however, with a permanent residence permit, everything is different.

Extracting a tenant from a country house is possible and is completely identical to the process of extracting from an ordinary residential building or apartment:

• if such a decision is made by the owner of the property (with temporary registration);
• if such a decision is made by the tenant;
• when making such a decision in court.