individual housing construction

Home / Real estate / Land / Categories of land plots / Individual housing construction / How to transfer land to individual housing construction?

Back

Published: 11/16/2017

Reading time: 8 min

337

According to the legislation of the Russian Federation, the exploitation of land plots owned by citizens must be carried out in accordance with the established category and permitted use of the land. Inappropriate use of land is considered to be an activity of the owner that is not provided for or that violates the law.

Land transfer
Purpose and permitted use
The feasibility of transferring the site to individual housing construction
Possibility of transferring land from agricultural storage
Assigning the status of individual housing construction to a site Step 1. Preparation of documents
Step 2. Submitting an application
Step 3. Wait for the changes to take effect

Alternative: securing the temporary construction site “under individual housing construction” for agricultural land

Conclusion

When can you change the status of agricultural land?

Individual housing construction is one of the types of permitted land use. This purpose of using the site guarantees the possibility of legal construction of houses and cottages intended for single-family residence.

Individual housing construction plots are in high demand in the real estate market and there is a logical explanation for this:

In a built house, you can register at the place of residence.
It is easy to register the rights to a building and make it the subject of a transaction.

Changing the VRI of a plot to individual housing construction occurs according to the general procedure: changing the land category “Agricultural Land” to the category “Settlement Land”, selecting the desired type of permitted use.

If a plot of agricultural land is located within a populated area or adjacent to it , then changing the category of land is technically possible.

If this condition is not met, the transfer of land will be denied to you.

If you own a summer cottage plot or a plot allocated for gardening, you have the opportunity to register the building as an individual housing construction project without changing the category of the land plot.

The only requirement is compliance with certain requirements during construction. Only in this case the house will receive permission to put it into operation and can be registered in the manner prescribed by law.

Individual housing construction and its advantages

The legislation of the Russian Federation allows the construction of residential buildings on the following types of agricultural land:

garden plots - without the right to register residence in the house;
in garden plots - only non-permanent buildings and without registration of residence;
dacha land plots, where the right to register residence in a constructed residential building is allowed.

This is important to know: Features of selling land in the Moscow region in 2020

Why do people who bought an agricultural plot seek to transfer the land to individual housing construction, if the construction of a residential building on agricultural land is also allowed? It's all about the benefits that this type of permitted use of land provides. They consist of the following:

obtaining registration of residence in the house;
obtaining an address, with all the ensuing privileges;
advantages in supplying the house with gas, water and electricity of the required power;
responsibility of the municipal authorities for laying and clearing entrances to individual housing construction projects in the territories under their jurisdiction.

Conditions for changing VRI

To assign a site a VRI “Individual Housing Construction”, it will be necessary to include it within the boundaries of the populated area . It should be remembered that changing the category of land on a plot with a high cadastral value may not be economically profitable.

This is explained by the fact that if you decide to remove the land from the agricultural category, you will need to compensate the state for losses arising from the impossibility of further production of agricultural products on the land plot.

How to correctly and legally transfer a land plot from agricultural use to individual housing construction

agricultural lands are plots of land that are located outside the city and are intended for agricultural work;
lands of urban settlements belong to the city;
industrial and other purposes - these are territories that are most often located outside of populated areas and are managed by the enterprises that are located in them;
specially protected areas are plots that are of historical, scientific, environmental or other value; a special legal regime is established for them and any economic activity is prohibited;
the forest fund is planted with forests and is intended for forest purposes - roads, clearings, swamps;
water use areas - lands on which reservoirs are located and the area around them;
reserve funds are a state fund that is administered by the state and is not issued to private or legal entities.

We recommend reading: Benefits for labor veterans in 2020 in Moscow for major repairs

Therefore, you cannot just build a house in a dacha and organize a factory in an environmental zone. First you need to transfer the land from one category to another. These relations are also regulated by the Land Code and other legal acts. For example, Law No. 172-FZ of December 21, 2004 “On the transfer of land plots from one category to another . The same law establishes the procedure for translation, the necessary documents and deadlines.

How does land transfer occur?

The owners of this property , as well as users have the right to apply to change the category of a land plot and its VRI, with the written consent of the owner.

The petition must contain the following information:

Cadastral number of the property. In some cases - the area of the site, a description of its location.
Available and desired category of land.
Economic justification for the procedure for changing the category of allotment.
Certification of rights to the site.

All information provided must be supported by documentary evidence.

After consideration of the application, the administrative document of the executive authority of the constituent entity of the Russian Federation is sent to the local administration.

Upon receipt of a positive decision from a higher authority, the municipality sends the document to the bodies of Rosreestr (Cadastral Chamber) to make changes to the information of the state land cadastre.

Within fifteen days, data on the new category of land and the assigned land plot is entered into the Cadastre.

Procedure

The transfer of agricultural land to individual housing construction is carried out in accordance with Federal Law No. 172. The application is considered by the Federal or local administration within 2-3 months. They are then required to respond within 14 days.

Most often, landowners whose plots are located far from populated areas receive refusals. Usually, according to the general plan, the development of lands located far beyond the boundaries of cities, towns, and villages is not planned. Therefore, obtaining permission to transfer them to individual housing construction is very difficult.

Energy-saving methods of building houses and cottages

How to plant seeds on the plot correctly? Flower sowing technologies
Radiators and batteries: steel or aluminum? Which ones are better to choose for your home?
How to paint walls in a house correctly?
Where in the Moscow region can you buy an inexpensive economy-class townhouse?
Cottage projects. Why such a difference in prices?
The best townhouse villages of New Moscow and Kaluga Highway
We create a new lawn on our site. Right place, type and time
Cottage communities 2020. What has been built and will be completed this year?

Price

The procedure for submitting and considering the application is carried out free of charge , but the preparation of some documents may require payment of a state fee.

So, when independently submitting data to Rosreestr to make changes to the Land Cadastre, you must pay for the following procedures:

Change information in the Register - from 245 to 350 rubles. For legal entities and individual entrepreneurs the cost is higher - from 700 to 1000 rubles.
Providing an extract from the Unified State Register of Real Estate (the document is attached to the application sent to the authorities) - from 300 to 750 rubles. - for citizens. For other structures – from 600 to 2200 rubles.

If the rights to the plot are not properly registered, you will have to go through the procedure of land surveying .

After this, cadastral registration occurs with simultaneous registration of the fact of land ownership.

The cost of this procedure varies from 7,000 to 57,000 rubles, depending on the legal status of the customer of the procedure and the area of the site.

You can entrust the change of category and VRI of a land plot to a lawyer; he will tell you exactly how much it will cost. In this case, financial expenses, depending on the complexity of the case, can reach 100 thousand rubles.

The procedure for transferring agricultural land to another category in 2020

agricultural lands provided for agricultural needs and allocated for these purposes, located outside the boundaries of populated areas;

lands of the settlements themselves;

industrial and transport lands, as well as energy, radio broadcasting, defense and other special purpose lands;

lands of specially protected territories and objects that are of particular importance for sectors of the national economy or nature conservation, classified in this category by acts of federal or regional authorities;

forest lands, forests themselves and non-forest lands intended for forestry;

water fund lands occupied by water bodies and hydraulic structures;

reserve lands in state or municipal ownership.

Where to contact directly? For example, the Order of the Leningrad Regional Committee for State Property Management dated December 17, 2013 N 34 approved the Administrative Regulations for the provision of state property.

We recommend reading: Okof 2020 And Shock Absorption Group Complex Endosurgical Mobile

Can they refuse?

An exhaustive list of reasons for refusing to satisfy an application is given in the administrative regulations for the provision of public services.

Typically this is:

Submission of a petition by a person who does not have the legal right to do so.
The list of accompanying documents is incomplete or their form contradicts the requirements of current legislation.

The grounds for refusal must be brought to the attention of the applicant and can be corrected by him at any time . The adjusted package of documents is re-submitted to the authorized authority.

If the application is refused due to insufficient motivation, it makes sense to consider the option of changing the VRI to another type, which allows construction on agricultural lands - SNT, DNP.

Re-registration is possible for plots that do not belong to the group of agricultural lands.

A petition to change the VRI of land is submitted to the local administration , where it is considered by a working group taking into account the results of public hearings.

If you change the category of land to “Settlement Lands”, this will entail an increase in the amount of tax on the site - the cadastral value of the land and the tax rate will increase.

How to Transfer Land from Agricultural Use to Izhs 2020

Such plots often range from one to hundreds of hectares and are inexpensive. The purchase is profitable from all points of view, but how to transfer such real estate for individual housing construction in order to build buildings there with the right of registration and postal address, that is the question? Former state farms often divide their fields and sell them to anyone with the right of privatization. A company can purchase several hectares, transfer them to the individual housing construction category and make a good profit on this. However, changing the purpose of land is not such a simple task; this requires going through a number of formalities. If this is not done, the authorities most likely will not allow the owner to build at least a garden house. And even if the possibility of construction is provided, it will not be possible to register in a cottage on agricultural land. If the applicant takes all the care upon himself, he will need to pay for: Registration of changes in the cadastre - 1,500 rubles; Certificate from Rosreestr - about 500 rubles; Copying and notarization of certificates - depends on the region and the notary; Surveyor services will cost from 10,000 to 50,000 rubles; Compensation for profits lost by the state for ungrown agricultural products - up to 30 percent of the cadastral valuation. For geodetic surveying, it is better to contact a company with a good reputation; there are many fly-by-night companies on the market that can measure boundaries incorrectly. This is fraught with future lawsuits with neighbors. Reasons for changing the category of land Initially, agricultural land is intended for the purpose of growing crops or raising livestock.

It is possible to register an individual housing construction plot as a property after the construction of a house on it. If it is rented, then it is necessary to erect the building in 3-5 years. Our articles are informational in nature about solving certain legal issues. However, each situation is individual.

We recommend reading: Monthly Child Care Benefit 2020