Transfer of land from agricultural use to private construction. How to transfer agricultural land to private housing construction. What is individual housing construction and the differences between this category of land

individual housing construction- this is a type of permitted use that allows the construction of a residential building. Such lands belong to the category of land in populated areas.

The garden plot is intended for growing crops and recreation for the owner. It is possible to build a residential building on it for temporary residence. A garden plot has the same purpose, but it is not always permitted to build buildings on it for domestic use and/or residence. A dacha plot allows you not only to grow plants, but also to build houses, register and live in them permanently (not on all types of dacha plots).

In the garden, garden and summer cottage the main thing is growing plants, and the main thing is residential development.

Gardening, gardening and dacha non-profit partnerships - SNT, ONT And DNT- these are voluntary associations of owners of gardens, vegetable gardens and country houses land plots.

The difference in powers of owners of plots of different uses does not always satisfy their needs. Therefore, the law allows changing one type of permitted use to another in accordance with the established procedure.

The transfer of land in the case of plots for gardening, vegetable gardening and summer cottages to individual housing construction is always associated with a change in the category of land to.

How to change the category of a land plot?

Mode land plot determined not only by the type of permitted use, but also by the category of land. Sometimes, to obtain permission for individual housing construction It is not enough to change the type of permitted use - you also need to change the category.

To change the category of a land plot, you must submit a petition to the executive authority (ministry, committee, department in charge of land management issues) or local government authority (administration). Which body you need to contact depends on the subject. A list of executive bodies and issues subordinate to them can be found on the website of the subject of the federation or locality.

The following must be attached to the application:

cadastral number of the land plot;
the category of land, which includes the land plot, and the category of land, the transfer to which is supposed to be carried out;
justification for transferring a land plot from one category to another;
rights to land.
copies of documents proving the identity of the applicant (for applicants - individuals);
an extract from the Unified State Register of Individual Entrepreneurs (for applicants - individual entrepreneurs) or an extract from the Unified State Register of Legal Entities (for applicants - legal entities);
an extract from the Unified State Register of Real Estate for a land plot, the transfer of which from one category of land to another is expected to be carried out;
consent of the legal owner of the land plot to transfer the land plot from one category to another, except for the case if the legal owner of the land plot is the person with whom an agreement has been concluded to establish an easement in relation to such land plot.

The list of attachments to the application should be clarified with the department.

After review (usually within two months), you should receive a response. The body adopts an act on the transfer of land from one category to another or an act of refusal. An act on the transfer of lands or land plots or an act on refusal to transfer lands or land plots is sent to the interested person within 14 days from the date of adoption of such an act.

The refusal can be appealed to the court. If the answer is positive, an entry is made in the Unified State Register of Real Estate.

Refusal is possible in the following cases:

the petition was submitted by an inappropriate person;
documents are attached to the application that do not comply with legal requirements;
establishing restrictions on the transfer of lands or land plots from one category to another or a ban on such transfer;
the presence of a negative conclusion of the state environmental assessment if its implementation is provided for by federal laws;
establishing a discrepancy between the requested intended purpose of land or land plots and the approved territorial planning documents and documentation on territory planning, land management documentation.

Changing the category of land from agricultural to residential lands involves changing the boundaries of a populated area. The location of the site near a populated area also affects the possibility of its transfer from agricultural land.

How to change the type of permitted use?

If the change in type occurs within one category of land, then the procedure becomes simpler. Previously, the owner was obliged to apply to the head of the local administration with a petition, the head scheduled a public hearing, during which the petition was considered and a decision was made on it. Now the procedure has been significantly simplified.

You need to do the following:

Prepare documents and submit them to the local administration. The administration is selected not according to the place of residence of the owner, but according to the location of the land plot. The package of documents includes:

A reasoned application with a request to change the type of permitted use (the application form has not been approved, but it is advisable to use the one recommended by the administration);
A copy of the owner’s passport (he provides the original personally for verification; some administrations may request a notarized copy, but this is rare);
Title documents for the land plot;

Local regulations may provide for other documents, for example:

A diagram of the location of the land plot, designed in such a way that the person considering the application can clearly understand where exactly the plot is located;
An extract from the Unified State Register of Real Estate, which indicates the characteristics of the site;
Territory planning project;
A copy of the document for the erected building (if available);
Power of attorney (if the owner applies through an intermediary);
The lessor's consent to change the type of permitted use (when renting out the site).

This list is approximate and may change at the discretion of the administration. Therefore, before sending the package for consideration, it is worth coming and familiarizing yourself with the list of required papers. Often the list can be found on the official website of the administration.

The package of documents is sent in person, through a representative or by mail. Some administrations make it possible to send documents for preliminary review by e-mail, but the originals will still need to be provided later.

The issue is considered for about 2 months, but no longer than 60 days.

In some regions, payment for municipal services is provided, but in most regions it is provided free of charge.

After consideration, the owner is notified of the need to appear at the administration and receive a decision. The decision is received either by the owner himself or his representative. In the first case, the person who appears presents a passport, in the second - a passport and the original power of attorney.

The solution can be of the following types:

Permitted type of use of the land plot in accordance with the request,
Refusal of a request to change the permitted type.

The refusal can be appealed to the court.

With a positive answer, the owner or his representative contacts Rosreestr to make changes to the Unified State Register. Information is also often sent by the local administration. This point needs to be clarified with an administration employee. Changes to the register are made within 15 days. If this does not happen, then you need to contact Rosreestr yourself.

Final provisions

Changing the type of permitted use does not automatically mean the right to individual housing construction. The right to develop an individual housing construction site must be obtained separately from the authorized body. issued by the local government body at the location of the land plot.

The construction of garages, utility and household non-permanent buildings does not require obtaining a permit, since it does not relate to residential construction.

For ease of use, all land areas Russian Federation divided by purpose, which determines their legal status, establishes the features and rules of their use.

Garden non-profit partnership, one of the types of land intended for agricultural work, as well as development. However, from a legal point of view, it is not allowed to register these objects and live in them year-round, if the land has SNT status.

Changing the status of an object is a labor-intensive procedure in terms of time and financial resources. Let's consider the basic rules for changing the status of SNT to individual housing construction.

Is it possible to transfer SNT to individual housing construction?

The opportunity to transfer SNT into individual housing construction appeared quite recently, but today there are already many cases of transferring territories from one organizational and legal status to another.

The main reasons why owners want to change the status of the territory they own are:

Desire to use maternal capital for building a house. Since state assistance can only be used on plots of the individual housing construction category.
Desire to get a loan to build a house. Since banks prefer to subsidize only construction in individual housing construction, since the development plan for private household plots and SNT is not regulated and this leads to high risks.
Desire to register at the site for permanent residence. This opportunity is inherent only for individual housing construction lands.

There are conditions for transferring SNT to individual housing construction:

The territory should not be located at a great distance from communications - the land should be located on the territory of the settlement;
The administration should not plan to use the territory for future agricultural work - the land should not have the status of “agricultural use”;

To change the status of a territory, you must contact the land chamber of the administration in which the object is located. Those. if it is a city, then to the city, village - rural or regional.

The basis for changing the status of a site is the owner’s decision, but we must not forget about other conditions:

Consent of all owners if the land is divided into shares between several persons;
The administration agrees that there are no plans to sow the land or carry out agricultural work on it.

To transfer SNT to individual housing construction, you must provide the following documents:

Cadastral passport of the site;
A document confirming ownership of the plot;
Document confirming the identity of the owner;
Notarized power of attorney of land shareholders, if the plot is divided into shares between several persons.

After submitting the documents, the owner will receive a response within 1-2 months. In case of refusal, the procedure must be repeated.

Typically, the administration’s refusal is a consequence of:

It is worth answering that only in the first two cases, it is possible to receive a positive answer upon repeated application and the owner should send a repeated request to the Land Chamber. Since in case of refusal due to the use of agricultural land for its intended purpose, a positive answer will not be given until the transfer of the entire SNT to individual housing construction.

How much does it cost?

The price of services for transferring SNT to individual housing construction depends on:

The region in which the site is registered;
Availability of intermediaries.

The cost of services of lawyers lobbying for the process of changing the status of an object can increase the price of services for changing the legal status of a site by 2, 3 times.

The average price in Russia is 15,000 thousand rubles, when contacting a law firm - 30,000/45,000 thousand rubles.

However, with the participation of intermediaries, the owner will not have to stand in lines to receive Required documents. All time costs, as well as the responsibility to draw up a package of documents and submit it to the administration, fall on the shoulders of the lawyer. In case of refusal, the lawyer is obliged to correct all existing errors and fulfill the requirements of the administration, as well as resubmit the papers.

Categories of plots

Depending on their purpose, absolutely all lands in the Russian Federation are divided according to their legal status. In accordance with it, the possibilities and rules for owning a site, its development, as well as the administration’s obligations to develop appropriate infrastructure on it are established.

Allotments can be:

Public use:

State appointment:

Particularly important and protected areas – nature reserves, sanctuaries;
Forest and water;
Special purpose - lands for defense facilities, radio and television broadcasting, etc.
It is possible to develop territories and live on them only if they belong to public plots.
In exceptional cases, state-owned plots are subject to a change in status. Development is prohibited on their territory. Residence, registration and their use for the development of livestock farming and other farming.

Features of gardening lands

Home distinctive feature is their purpose - lands with SNT status have a public status and are intended for the development of livestock farming and other farming. In this regard, SNTs are always located on agricultural land.

One of the varieties of SNT is the dacha non-profit partnership DNP. However, DNP sites are always located on the territory of settlements.

The differences between them legal statuses practically non-existent, with the exception of some features:

SNT has more fertile lands;
SNT is located in more picturesque areas;
SNT plots are more expensive than DNP.

However, these differences are not legal, but conditional.

On plots intended for gardening, it is possible to build real estate objects necessary for living on the plot in the summer.

Advantages and disadvantages

Advantages:

Flaws:

All costs for conducting and using communications fall on the shoulders of the SNT owners.
When assessing real estate, due to the lack of appropriate documents regulating its development, its value will be low.
With any status of the plot, except for individual housing construction, it is impossible to register. In order to register in a built house, it is necessary to transfer the status of the land to individual housing construction, which will entail the requirement to register the object built on the site, and in some cases, requirements for its demolition.
On plots that have a status other than individual housing construction, it is impossible to use government subsidies for development, as well as use land as collateral in banks.
Even if the owner’s plot of land is transferred to individual housing construction, the responsibility for developing the territory, constructing infrastructure facilities and conducting communications is not assigned to the administration. In this regard, there may not be any schools or kindergartens near the house.

The procedure for registering a garden plot for construction

Necessary:

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

Documentation

The declaration must reflect information about:

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.

Features of individual housing construction

If we consider individual housing construction as a piece of land, then it is almost impossible to highlight any of its features in comparison with other categories of plots.

Individual housing construction is the same land, but only with developed or planned infrastructure, which means:

roads,
water pipes,
power lines, etc.

Of course, in other areas it is also possible to supply water supply or electricity to the building, however, unlike the case with individual housing construction, all costs for the construction of the necessary facilities fall on the shoulders of the owner. Those. water pumping stations and electrical networks will have to be paid by the owner of the site, if the site is far removed from these objects. For individual housing construction, improvement of the territory is part of the agreement between the owner and the administration, and is part of its responsibilities. The owner pays only the necessary fees to connect his site to the general infrastructure.

Another feature of individual housing construction is the absence of the obligation to pay fees that are provided for other categories of plots.

Unlike other categories of land, you can live in buildings erected on plots for individual housing construction all year round and even register. This opportunity is not available, for example, for dacha cooperatives, in which you can also build houses, but live in them only in the summer months. Of course, if the owner wants to live in the house all year round, no one will have the right to evict him from the building. But the cooperative administration will not build the necessary infrastructure to ensure life in winter, or clear roads from snow.

The difference between individual housing construction and SNT

The main difference certainly is the intended purpose. On plots, individual housing construction means development, and SNT means the organization of livestock farming and other economic activity. However, it is worth noting that on both the first and second types of plots, both construction and seeding are possible.

But with big differences:

On plots for individual housing construction, only part of the land can be sown without construction. Moreover, if the site has not been developed, but after 3 years it can be seized due to improper use. In the case of SNT, you can not erect buildings at all, but engage in crop or livestock farming on the land.
The owner of the land under Individual housing construction permit engage only in crop production.

The second difference is the cost of the plots. Land for SNT is much cheaper than for individual housing construction. This fact is not the prerogative of land owners, but a reflection of their costs for preparing the site for living on it: electrical and sewer networks, hospitals, kindergartens, etc.

Third difference- responsibility for arrangement. In the case of land for individual housing construction, the responsibility for constructing infrastructure falls on the settlement administration. If the plot is purchased from the SNT fund, then all expenses for improvement are the privilege of the owner.

Fourth is the size of the plots. In the case of individual housing construction, the size of the acquired land is limited only by the funds available to the buyer. If SNT category land is purchased, the size of the plots is strictly limited depending on the region in which the transaction takes place.

Possible difficulties

The main difficulty may be impossibility of using SNT lands for living and development. If the administration provides for their subsequent exploitation for sowing, livestock feed or other agricultural needs. In this case, even with a repeated request, the administration will refuse to change the status of the site. The owner must wait until the status of the entire land mass changes.

It is typical for individual housing construction strict regulation of construction, availability of a development plan and its approval by the administration. In this regard, if there are objects on the land, if they do not comply with Russian State Standards, the administration will issue a demand for their demolition.

In the absence of all possible communications on the SNT land massif, the plot from which is planned to be transferred to individual housing construction, the administration will refuse. The installation of power lines and sewerage lines will be required to be carried out at the expense of the initiator of the change in the status of the site. This is enough expensive procedure. The only solution will be a search for like-minded people who will share the cost of the relevant work. But even in this case, later difficulties will arise with roads and infrastructure - kindergartens, schools, hospitals, etc.

TNS is the status of a land plot determined by its intended purpose.

Dmitry Balandin

Agricultural land– usually issued outside the city limits (outside the city) for growing fruit and vegetable crops, for Agriculture. Rural land is well suited for planting and growing fruit, vegetables and grain crops. This is the main purpose and condition for issuing such lands to citizens.

On agricultural lands, the law allows the construction of buildings, premises or structures that must perform the main function of these lands, that is, be able to store grown fruit or vegetable crops.

If the land is for a gardening partnership or for vegetable gardening, then on such lands it is possible to build houses and residential buildings.

The legislative framework

Agricultural lands are regulated by:

Land Code of the Russian Federation.
Federal Law “On the Turnover of Agricultural Land”.
Town Planning Code of the Russian Federation.
Law on registration of rights to property.

The law establishes the order of which lands belong to agricultural lands, what is allowed and prohibited to grow, do and build on these lands, as well as the peculiarities of using these lands.

Since 2014, legislative acts on agricultural land have been changed in terms of transactions and registration of rights, and the most significant changes are the following:

The principle of seizure of land from the property of an individual or legal entity has been clarified in more detail:
- If the use of land for agricultural purposes violates established by law, that is, a physical or legal person uses it for other purposes, thereby causing harm to the ecological situation or reducing the fertility of the land.
- If the use of agricultural land is actually used by the owner not for the purpose of growing fruit, vegetable and other types of crops, but for other purposes, and the period of use is more than 3 years from the date of acquisition. But there is a nuance that increases the period of use - this is two years in which agricultural land could be prepared for growing fruits and vegetables, and in the event of natural disasters and force majeure, the period is extended.
The severity of liability for failure to comply with requirements and instructions on the correct use of land has been increased, which is prescribed in the relevant code of administrative offenses and is punishable by fines.

How to transfer agricultural land to private housing construction

New legislative acts have simplified the option of transferring land from one category to another of interest.

To quickly and competently prepare documentation, you should contact a qualified lawyer who can in the most short time carry out this procedure for transferring their agricultural lands to individual housing construction. Since if you transfer the land yourself, more time and effort will be spent.

Instructions

Let's establish the order of translation.

You will need a land document which confirms that you are the owner. This is a certificate of ownership or a lease agreement.
A document from the cadastral chamber is cadastral passport. It must indicate the conduct of land surveying. This information can be seen on the second sheet of KV 2, where there should be a drawing of the land boundaries.
Coordinates to the area of interest(any surveyor or cadastral engineer at a land management company can do them for you).
Information about what area the site is located in(outside the city limits or is part of the city limits). This certificate is made at the municipal authorities. On this moment The city limits in all regions have been expanded by local governments, so the possibility that your site will fall within the city limits is much greater).
All of the above documents are submitted to the cadastral chamber. A statement is written about the changes that need to be made. After 30 days, changes are made.
After which the changes you need are made to the cadastre database and a new cadastral passport with the category of individual housing construction is issued.

But that is not all. After changes in the land passport, the same changes must be made in the land title document. Let me clarify once again - this is either a Certificate or a Lease Agreement.

The Certificate is amended as follows:

First of all, you need to make an appointment with the registration office. This can be done using the following options:
- Via the Internet on the Rosreestr website (mostly all actions are now performed through the multifunctional center). https://rosreestr.ru/site/
- Make a phone call hotline multifunctional center - a single window.
- Come to the office in person and get a coupon. This is usually the fastest and most accessible way, but it is recommended to go early in the morning and stand in line to get a ticket, since in most cases there are many people who want to get in, and if you decide to come later, you simply may not get an appointment that day.
Take also the cadastral passport, in which new changes to the land characteristics had already been made.
Your passport is required.
Pay the state fee.(It is recommended to pay in advance, since the MFC does not always have payment terminals, and so that you don’t waste time, take the details in advance, pay them at the bank and come to the appointment with the paid receipt).

All these documents are submitted in order to obtain a new certificate with the same data as in the cadastral passport.

If you have a lease agreement in your hands, then all the same things are submitted to city administration, which will issue an amended lease agreement.

Thus, you receive new documents with the category of individual housing construction and have the opportunity to build a house, but no more than three floors.

Required documents

So, what do you need to have to change agricultural land to individual housing construction land?

As mentioned above, the procedure for making changes is quite complex. Not everyone can be guided by all the rules of law, much less know how, where, and what to go with.

If you directly act by preparing documents and necessary list to submit for the purpose of changes, we list it again:

Certificate of entitlement.
Lease agreement (instead of certificate).
Topographic survey of the site (scale 1 to 500, to establish where the land is located, within the boundaries of populated areas or not).
Catalog of site coordinates (usually generated in the local city system).
A certificate stating whether the site is located within the city limits or not (issued by the department of the City Administration, which has the authority to establish this information).
Land cadastral passport.
Land surveying.

However, in each region, this list may be modified in accordance with city and regional regulations.

Nuances

All documentary activities have both positive and negative sides. If the construction of a house requires the same factors, for the construction of vegetables and fruit trees- other factors, for a farm - third.

So, when you change the category in individual housing construction, you immediately have:

advantages when selling (such plots are more expensive on the market);
you can freely build a house and register in it;
property taxes are reduced.

However:

The transfer procedure will take from 3 to 7 months;
impossibility of use for commercial purposes;
mandatory use of the site in accordance with its purpose by law.

Price

The most important and detailed issue in the topic raised is money. How much will it cost to perform all these actions? And is it advisable to spend the amounts?

If you are going to go through all the authorities yourself, then it will cost you “several times” less. Payment will mainly be only for government fees.

If this is a cadastral chamber - from 200 to 400 rubles for changes made to documents.
If the registration chamber – 200 rubles for changes to the certificate.

With regard to actions carried out in administrative bodies municipality, then basically certificates and document submission should be free.

A catalog of site coordinates from geodetic companies costs about 1000-1500 rubles.

Topographic survey from 8,000 to 30,000 rubles. depending on the region, the number of acres of land, the number of tablets on which the situation is applied.

But in fact, you still need to add “chocolates” to every office you enter. Budget employees don’t earn that much anymore and, as we all know, they are reluctant to talk, much less tell us what to do and what the next steps are.

Therefore, it is better to take the help of a lawyer or specialist, specifically involved in this area. The price of the issue will be significantly higher, starting at 50,000 rubles and reaching 150,000 rubles. But you will definitely be confident in resolving the issue, you will not waste your nerves and time from not knowing where and why to go. After all, everything will be done for you by a competent specialist who has already done similar work more than once.

This information is for informational purposes only, as it describes the general procedure. Each region, territory, and republic has its own version of action; it is quite similar to the one described, but it has its own nuances.

At the moment, suburban development has become very important. How wonderful it is to have a house close to the city. This is how most of the population thinks. In this case, the most important question is land for construction. You need to buy it or you already own it. That's the whole point. What land should be purchased? How to transfer a plot of land for individual housing construction ()?

Types of land

Allotments fall into several categories. All of them are prescribed in the Land Code of the Russian Federation. Differences between plots and whether it is possible to build your dream home on specific land.

agricultural purposes;
industrial, energy, transport, areas for space activities, defense, security and other specialized applications;
for settlements;
specially protected areas and objects;
forest fund;
water fund;
reserve plots.

There is also a permitted use (PRU) statement. There can be a great variety of them. Example, under individual housing construction, under the management of personal subsidiary farming, for housing construction, for the organization of peasant farming, etc. Allotments of various categories can combine the same type of use.

Construction own home acceptable for 2 categories, for agricultural purposes and settlements. Individual housing construction is not included in an independent category, it is only RIV. Individual housing construction is a dwelling where you can live and register.

The legislation of the Russian Federation allows the construction of houses for living on plots for agricultural purposes of certain types:

garden - the construction must be non-permanent and cannot be registered;
garden - it is impossible to register and live;
country houses - registration and residence are allowed.

Why is it better to transfer a plot of land from agricultural use to individual housing construction, if the construction of a house for living is still permitted?

The point is that individual housing construction has some advantages:

registration when living in a house;
you can get an address, with the ensuing advantages;
the ability to install communications of the required power into the house;
The municipal government should be responsible for the roads to the entrance of the house in the territory under its jurisdiction.

Disadvantages of individual housing construction:

the tax on land for building a house is higher;
if the construction of the house is not completed within 10 years, the tax increases;
if construction has not started within 3 years, then the land may be taken away;
the cost of an allotment for individual housing construction differs from others in a not very good way.

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Is it possible to change the destination category?

Agricultural plots are expensive at cadastral prices. When the category is changed, the price for the property decreases and the state loses the profit it had planned. Due to the luck of moving to the opposite category, it is necessary to compensate the state for the loss of part of the income. Which could be disadvantageous. Moreover, you can simply assign the status of individual housing construction to the agricultural plot.

Transferring an allotment from agricultural use to individual housing construction is realistic and is regulated by the Land Code of the Russian Federation and Law 172-FZ. According to this law, individual housing construction sites must be classified as settlement sites.

There is zoning of the state area according to the use of plots. If an agricultural plot is located outside the settlement limit, then it can be transferred only after the settlement limit has been moved.

This is permitted in the following cases:

the plot is located directly to the boundary of the general plan;
for the future, to plan the development of the settlement area.

It will be possible to transfer land for individual housing construction only in certain cases.

Advice! Just change the VRI. This will save time, stress and savings.

The principle of re-registration of a site for housing construction

The transition of the plot is regulated by Federal Law-172. This document provides 7 reasons for changing the category.

Conservation of plots, i.e. removal from circulation for some time. This is done to eliminate the growth of land deterioration and for rehabilitation.
Formation of specially protected natural areas.
Editing settlement boundaries. Example, increase in municipality.
Installation industrial enterprises. Permitted only if the land is unsuitable for agricultural production.
Entry into the structure of forest, water funds or reserves.
Construction of roads, gas pipelines, railway lines, etc.
Fulfillment of the Russian Federation's obligations to the people. The peculiarity is that the value of the land is higher than the market average for the region by more than 30%.

The entire procedure takes from 0.7 to 1 year. At each level, you can find a negative answer, competently and reasonably formulated. If a positive response is received at the district level, business papers will be sent for approval. If the resolution is positive, the local administration receives a letter signed by the chief about enrollment in the state unit. land register on the desired type of use of the plot.

The cadastral value and the price of the allotment with the updated type of use are recalculated. Based on an extract from the state land cadastre, a unified state register is drawn up. The registration certificate is issued at the request of the owner.

Builders of cottage villages use the reason for changing the category, about changing the boundaries of the settlement.

What documents will be needed for this?

When changing plots, it is necessary to submit a petition for the transfer of plots to the executive body of state power or the district government body.

The request must indicate:

land category group at the moment and whichever one you want;
the translation must be justified;
land ownership rights.

Should be attached:

an extract from the cadastre about land data;
copy of passport;
an extract from the state register on the right to own real estate;
conclusion of an environmental impact assessment when required by law;
agreement of the owner of the allotment for changes.

Refusal may occur when the person sent is not the one who follows, the documents are not all or are drawn up incorrectly. Then the documents are returned after 30 days, where the reasons will be indicated.

Use of agricultural land for individual housing construction

Land groups come to amendments quite rarely. The way to legally secure the use of an agricultural plot for individual housing construction remains more in demand. This is easy to do when:

there is a gardening lot that involves construction;
availability of dacha area.

Construction is permitted on this plot country house, cottage, living quarters.

It will be cheaper to build on permitted land. Individual house It is allowed to erect only in gardening or dacha associations. Permission must be obtained before construction begins. This document gives the right to build a house individual structure or cottage.

Cost of transferring agricultural land to individual housing construction

The method of transferring agricultural land to individual housing construction using a VIR modification is more profitable than changing the category.

If the plot remains as agricultural land, tax payments will be much lower than for housing in a populated area.

Good afternoon, first I will state the essence of the situation. My wife and I sold our apartment and bought a garden plot. We took out a loan and built a house with all the amenities. We have a small son, by the way, the plot is located in the residential sector, right on a residential street, next to a kindergarten, school, shops. Question: how to transfer a house or plot to individual housing construction and where to start? Thank you for your attention.

Answer

Hello, Ruslan.

Before transferring a horticultural plot to individual housing construction, it is necessary to change the category of land from agricultural use to land in populated areas. The lands of populated areas must be located within the boundaries of the populated area; it turns out that transfer to this category occurs by expanding the boundaries of the populated area. Since your site is either within the boundaries of or adjacent to locality, then such a translation is possible. The process of transferring land from one category to another is enshrined in Federal law dated December 21, 2004 No. 172-FZ “On the transfer of lands or land plots from one category to another.” To transfer, you need to submit a petition to the executive body of state power or local government. In the petition, indicate the rights to the land plot, its cadastral number, the category of the land and the category to which you want to transfer it, with justification for the reasons for the transfer. Attach the following documents to the application: cadastral passport of the plot, a copy of your passport, extract of rights to the land plot from the Unified State Register of Rights to real estate and transactions with it, the consent of the owner of the land plot to transfer the land plot from one category to another. Your application must be considered; consideration can be refused only if it was submitted by an inappropriate person or the documents do not comply with legal requirements. The decision must be made within two months and communicated to you within fourteen days.