Together with a lawyer we tell about the ways to reorganize the garden partnership, the advantages and disadvantages of this decision and give advice how to do it.
What is better - land put on a garden partnership or own plot in the village? Sometimes this question is solved nontrivially. For what and how the garden partnerships join the rural settlements, it will be discussed in this material.
The garden partnership can be reorganized in various ways: the transformation (by changing the organizational and legal form), merger (connecting into one several partnerships), accession, separation (when delimiting the rights to use the common property) or the allocation (with the formation of a new organization).
Reason for reorganization
The grounds for the reorganization of the garden partnership and the joining of its territory to the nearby rural settlement are the following reasons.- The initiative of the members and founders of the Garden Association.
- Bankruptcy of the Garden Association.
- Changing the type of permitted use of the Earth.
- Liquidation of the initial structure (garden partnership).
- Amendments to the urban planning plan of the rural settlement, which suggest a merger with the garden partnership.
Before the procedure for the accession of a garden partnership to a rural settlement, it is necessary to evaluate all the advantages and disadvantages of such a transition.
Advantages and disadvantages
Let's start with the explicit legal and financial advantages of life in the village.
Benefits
- An increase in the cadastral value of the Earth (it means to sell the site in the case of which it will be possible for significantly more favorable terms).
- On the site you can build a capital residential house with a height of up to three floors.
- The owner of the house and his family members can easily issue a permanent registration in such a house.
- Improvement and cleaning of the territory in common property is ensured by the local budget (yes, the roads are also brushing at the expense of the budget).
- Solving the issue of transport - between settlements at least there is a bus service.
- Summing up communications is also provided by the local budget.
- Tariffs for utility payments are lower than in the garden partnership.
- No need to pay membership and targeted contributions.
disadvantages
- The increase in the cadastral value of the Earth will certainly entail an increase in the amount of property tax.
- If the site is not yet built up, during the term of the document confirming the type of permitted use of the Earth, it is necessary to build a residential building on the site (unlike the territory of the garden partnership, where there can be sections with ghost houses or empty spaces in rural The settlement of empty areas must necessarily be built up, although there is no time limits).
Stages of reorganization
To accomplish the garden partnership to the rural settlement, it is necessary to go through a rather long way. If the reason for the joining of the garden partnership is to solve its members or management bodies, it is necessary to carry out a general meeting or meeting of the collegial governance. The will of the meeting (meetings) must be documented by the will of members of the partnership or the management authority (with voting data). Then you need to contact the local administration, where the plan for further action will be proposed.In the event of the elimination of the country's party and joining it to the rural settlement, the owners of land and built buildings remain full owners of their posts and houses; The change in the organizational form of the partnership does not affect the right of ownership.
Steps
- Change of the type of permitted use of the Earth.
- Registration of the transfer act or separation balance (if a garden partnership is a legal entity).
- Appeal to local authorities with a statement about the accession of the territory.
- Waiting for an answer.
The transmission act or dividing balance is approved by the General Meeting of Members and Founders or the Comprehensive Commission appointed for reorganization. If, in determining the separation balance, problems arise about the appointment of a successor for a certain property, a new education is in solidarity on such issues.
In the reorganization of the garden partnership, the old charter is eliminated, all legal issues are solved on the basis of documents regulating the rules of the hostel in a rural settlement. To appeal against the decision on accession (non-aligned), the territory of the garden partnership is given for three months.
Appeal to local authorities
The change in the administrative and territorial device is carried out by the solution of local authorities (the governor, the committees of the regional Duma, the local self-government bodies of the respective municipalities), which should be issued by the relevant legal.Decision making on changes in the administrative and territorial device must be carried out taking into account the opinion of the population living in the relevant territory. Since any reorganization directly affects the interests of the population and rural settlement and owners of country sites, in any case, open public hearings should be carried out, on which the fate of the territory will be solved.
In the event that an agreement was achieved as a result of public hearings, the dackets are ready to "move" to the village, the head of the relevant municipality directs the governor (chapter) of the region together with the accompanying letter of the following documents.
List of documents for the governor of the region
- Decision of the Council of Deputies of Municipal Education.
- An explanatory note that contains the rationale for the expediency of introduced proposals, information about the size and location of the territory in respect of which proposals are made, the number of people, the main industrial, agricultural and transport organizations, the organizations of communication, trade and domestic services of the population, information on socio-cultural institutions, About communal services, housing fund and its belonging, presence in settlements of railway stations and postal and telegraph institutions.
- Documents reflecting the results of public hearings.
- Calculation of the necessary costs to address the issue of changes in the administrative-territorial device with an indication of sources of coating planned costs.
- Cutting with graphic materials displaying the location of the converted territories.
- Resolution of the head of the relevant municipal district on coordination of the proposal for education, associations, abolition of settlements, as well as changes or establishment of the type and category of settlements in the boundaries of this area.
If a positive decision is made on reorganization, the corresponding act of the head of the subject of the Russian Federation is published. If the reorganization project is rejected, the re-consideration of the same initiative is possible no earlier than 1 year (subject to the presentation of new materials that substantiate this initiative).
In accordance with the Town Planning Code of the Russian Federation, the issue of changes in the target and the type of permitted use of the land and related to these changes to the inclusion of land plots in the borders of settlements relate to the powers of local governments.
Translation of land
The land of a rural settlement has a fundamentally different type of permitted use of the Garden Partnership - for individual housing construction.Stages of translation of the plot of st in the plot for IZhS
- The owner of the site collects a package of documents, prepares a petition for changes in the type of permitted use and submits to the administration of the settlement at the location of the land plot.
- For 2 months, the administration should consider the appeal and decide on the translation or refuse it. The decision is made in the form of an act on the transfer of a land plot from one category to another or an act of refusal.
- Within 14 days from the date of decision, the Act is sent to the interested party.
- In the case of a positive decision, on the basis of the act, changes are made to the cadastral documents of the site.
- If you refuse to translate the interested person, it is entitled to appeal against the decision of the authorities in court.
In joining may refuse for various reasons: for example, the territory of the partnership may be too far from the territory of the settlement, or due to the absence of the necessary engineering and technical communications, or due to the existence of a partnership of burdens that impede reorganization.
Rural settlement plan
The garden partnership differs from the rural settlement not only by the type of permitted use of the Earth, but also the lack of the master plan of the settlement, on the basis of which the territory is building. That is why after it is decided to include the territory of the garden partnership in a rural settlement, it is necessary to make changes to such a plan.
The General Plan of the settlement and changes to it are approved by the representative body of local self-government settlement.
Not only "dackets", but also "village" should be agreed upon joining, therefore, in the preparation of the master plan, public discussions or public hearings are committed. The listening protocol is a mandatory application to the draft master plan.
The general plan will then be prepared in accordance with the requirements of the Urban Planning Code of the Russian Federation, taking into account the regional and local design standards and the conclusion of the results of public hearings on the draft master plan, as well as taking into account the proposals of stakeholders.
Even with a positive solution to the most part of the population of a rural settlement, unhappy owners of land plots and capital construction facilities may remain. If they believe that their rights and legitimate interests are violated (or may be violated as a result of the approval of the new master plan), such landowners are entitled to challenge the master plan in court.
An exception is the introduction of changes to the master plan providing for the change in the boundaries of settlements in order to housing or determining the recreational areas. In such cases, changes are carried out without conducting public hearings.
Cost of reorganization
Formally the attachment of the garden partnership to the rural settlement, as well as the translation of the Earth from one category to another, does not require any payment.Additional services requiring payment
- Legal support and assistance in drawing up documents.
- Appeal to the notary to assign documents and design of attorney.
- State duty for making changes to registration documents, registration and issuance of certificates of ownership, cadastral documents, inter-operation plans.
Let's try to count. For receiving a paper extract from EGRN will need to pay from 200 rubles. and more. Certificate by the notary consent of the co-owners for reorganization will cost approximately 1 thousand rubles. with each. Making a power of attorney to represent the interests of the owner will cost in the amount of 800 to 1.5 thousand rubles.
It will be necessary to carry out land survey and get a new cadastral passport. On average, the cost of interviewing the site and determination of its boundaries begins from 12-15 thousand rubles.
The cost of legal support and assistance in issuing documents during reorganization in the form of accession to the rural settlement begins from 15-50 thousand rubles. At the same time, it is necessary to understand that the participation of a lawyer in the lawsuit (if it is necessary to challenge the refusal, or, for example, a decision on accession in court) is paid separately. In this case, the cost of the lawyer services can start from 80 thousand rubles.
