How to transfer agricultural land to private plots?

⭐ ⭐ ⭐ ⭐ ⭐ Hello everyone, if you are not yet familiar with our materials, they are concise and contain only the necessary information, so you can always quickly understand any issue. Today we will cover a topic such as - Scheme for the Transfer of an Agricultural Plot to St. Most likely, you think that this is complicated and incomprehensible, but we will explain it in simple language, so that you do not have any additional questions. But if you still have a misunderstanding of the material presented, then our duty lawyer will advise you in any convenient way.

In addition to the entrance fee, there are also annual fees, which are also equal for everyone. This is due, first of all, to the fact that the property is in common ownership. Now let’s try to understand in detail what activities can be carried out on the acquired site.

Agricultural lands SNT and DNP

SNT is a horticultural non-profit partnership. To put it in detail, this is one of the categories of land that can be located exclusively on agricultural lands.

Features of SNT lands

A distinctive feature of the DNP is that it is not necessary to grow crops, gardens or start vegetable gardens. Most often, each member of the DPP has a plot on which he can do whatever he wants, for example, he can plant a vegetable garden, or he can build a swimming pool.

According to the law, each land plot has its own type of permitted use, one of them is agricultural. This distinction exists to ensure that each land plot is used only in accordance with its specifics.

Transfer from dacha, garden or agricultural lands of SNT to a plot for private housing construction land

All land in Russia is divided into certain categories in accordance with their purpose and ability to exploit in one way or another. Most of the land has a special status and cannot be owned by ordinary citizens. Citizens can only exploit lands allocated for the construction of private homes and agriculture.

Legal regulation

Attach to the application documents that confirm that the land is owned or provided for use in accordance with the concluded lease agreement. The list of documents that must be submitted along with the petition may vary depending on individual circumstances.

Depending on whether a land plot belongs to one of the specified categories of land, its legal regime is determined, including negotiability, subject composition, the content of the powers of the owner or other legal holder of such a land plot, etc.

The procedure for transferring land from one category to another in the Russian Federation

Citizen Surovtsev M.P. decided to transfer his farmland to the category of settlement for the construction of residential real estate. For this purpose, an application was submitted to the land committee at the district administration.

The procedure for transferring land to another category

Fines in 2020 range from 200,000 to 250,000 rubles , the final amount depends on the cadastral value of the site. Some citizens try to circumvent the law and transfer their land to another category, resulting in problems with the law and monetary fines.

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By paying the entrance fee, any citizen can begin to feel like a rightful owner of the acquired plot. This means that he has the right to build a house or any other related buildings.

Transfer of land from agricultural use to individual housing construction in 2020

The cost of such land is low, however, it is impossible to build residential premises on them and subsequently register in the house. To solve this problem, you will need to perform a number of manipulations. In this article we will tell you how to transfer land from agricultural to individual housing construction in 2020 and what documents are required for this. Additionally, we will try to figure out in which cases re-registration will not be possible.

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Agricultural lands SNT and DNP

The DNP assumes that the plots will be used as summer cottages, which means that people will not live in houses. Because of this, problems often arise with heating, plumbing and electricity. Most often, this problem can be solved, but it will cost a lot of money;
The need to pay an annual fee. It cannot be said that such contributions cause a strong financial blow (often the demolition does not exceed several thousand rubles), but it is still necessary to pay it obligatory and regularly;
It is possible to get a mortgage for such a plot, but it is extremely difficult to do and, most often, the overpayment will be exorbitant. Also, such plots cannot be used as collateral, unlike individual housing construction projects.

Features of SNT lands

Only agricultural land can be used for a gardening partnership. In turn, the territories of existing settlements can be used in a dacha partnership;
Land in gardening partnerships is used exclusively for creating gardens, vegetable gardens or summer cottages. In the case of DNP, the lands can be used for full-time residence of the partnership participants;
Construction is allowed on both types of plots, but in the case of a dacha partnership, this is mandatory, but not with a garden partnership. Also, in built houses both on the territory of SNT and the territory of DNP, you can register without any problems;
Type of ownership. In the case of gardening partnerships, all property is considered the joint property of all members. In the case of a dacha partnership, the property may be owned by the association as a legal entity.

Before purchasing a plot of land, the buyer should familiarize himself with the technical characteristics of the plot and find out what category the property belongs to. The most common options are SNT and individual housing construction. The mandatory nature of such information depends on the purpose for which the land is acquired.

Concept and purpose of SNT and DNP sections

There is another important point that affects the comfort of living of owners of dachas and private houses. Registration of public lands as the property of SNT or dacha partnership. What applies to such lands? Roads, driveways, turning areas, passages and other areas that are located on the territory of a garden or village and do not belong to the owners of the plots.

If we talk about the disadvantages of an individual housing construction site, we will have in mind both the need to obtain a development permit, and the mandatory approval of the project, and certain restrictions on its area (size). The development is carried out in compliance with GOSTs and SNiPs. Permission is required to put the house into operation. Everything is according to the law. In different villages, the situation with communications is different. In some places there are only gravel roads, and in others there are interruptions in electricity and water.

Transfer from dacha, garden or agricultural lands of SNT to a plot for private housing construction land

In this case, you will pay for everything yourself, since agricultural land is actually intended for the production of agricultural products - grain, milk, meat, etc., and not for the construction of houses and permanent residence.

How to transfer SNT to individual housing construction in 2020: procedure, list of documents, errors

all areas of SNT are agricultural lands;
the lands of the partnerships are allowed to be used for the purposes of gardening and vegetable gardening; subsequently, such lands can be transferred into the ownership of the members of the partnership;
It is allowed to erect buildings and structures on SNT lands.

If the land is needed to build a residential building, it means the owner is ready to pay property taxes. After 1 month after submitting the documents, officials will make a decision - positive or negative. If the answer is positive, they will issue the applicant with a transfer certificate, and if negative, then a written answer, which will be argued with references to the norms of the law. Consequently, if the summer cottage is not equipped with hot water, electricity, or heat, then the passport office has the right to refuse to provide registration.

there is no restriction on the transfer of land from one category to another at the level of federal legislation;
there is a positive environmental conclusion;
the category of land can be transferred to the category of land intended for individual housing construction in accordance with the approved documents of territorial planning and land management.

How to convert land from gardening to horticulture

There are cases when, despite the fact that all the rules and procedures prescribed in the legislation were followed with absolute accuracy, the municipal authority decides to refuse the applicant’s application. Most often, this happens due to a discrepancy between the information reflected in the documentation and the real state of affairs, or due to the fact that the land is located in an area for which a special purpose is prescribed.

How to convert agricultural land into peasant farm land

Write a statement with a detailed and compelling justification for changing the VRI of the plot to a peasant farm. They can refuse for any formal or far-fetched reason, so it is very important to indicate clear reasons that comply with the law and cannot be ignored.
Collect the necessary package of documentation, which includes title papers, a cadastral plan, copies of a passport or an extract from the unified register of legal entities, a copy of confirmation that the applicant is a member of a peasant farm or has a registered peasant farm.
The application and papers are submitted to the local administration, which usually refers the matter to the agriculture committee or land commission. Here we consider the feasibility of the procedure and the need for the formation of a new producer of agricultural products in the area.
If the commission makes a positive decision, the executive authorities inform the applicant about this in writing.

Documents for transferring agricultural land to DNP

According to current legislation, agricultural land can be converted into industrial land in two cases: 1) if the cadastral value of the land plot does not exceed the average value for the region; 2) if there are no other options for locating industrial facilities. Also, communication lines can be built on agricultural lands if there is a specific plan for the reclamation of these agricultural lands. If the land meets all the requirements, then you must contact the local administration with the following package of documents:

They will give advice over the phone or help you file a complaint, which will lead to a positive resolution of your case. 936 lawyers are currently online All topics Hello. Land plot for rent. Land category: lands of settlements.

Is it possible to convert a dacha, garden plot or agricultural plot into land for individual housing construction?

cadastral passport of the plot or an official extract of information about the land plot from the state real estate cadastre;
a copy of a passport for an individual or an extract from the Unified State Legal Entity or Unified State Register of Individual Entrepreneurs - for a legal entity;
an extract from the Unified State Register confirming the rights to this plot of land;
consent of the land owner to change the current category of the land plot.

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Submitting a petition. It is submitted to local government bodies or executive state bodies, and the petition must indicate:

Transfer of agricultural land to DNP

Register a legal entity (SNT/DNP);
Prepare and approve the PPT;
Allocate and register public lands;
Obtain permission to build a road;
Agree on the allocation of electrical power;
Conduct initial meetings of SNT members;

Two options for transferring agricultural land to DNP

An extract from the state land cadastre, which contains information about the plot of land, the transfer of which you are going to undertake;
Copies of identity documents - for citizens, or an extract from the state register for individual entrepreneurs and organizations;
An extract from the Unified State Register of Rights to Real Estate and Transactions with It on the presence or absence of legal relations in relation to the plot of land, the re-registration of which from its current state you are planning;
The verdict of the state environmental assessment, if its production is recorded in the laws or by-laws regulating this type of land legal relations;
The consent of the owner of the plot of land to its re-registration from one type of land to another;
Calculation of losses in agricultural production and damage to forestry.

The applicant must attach extracts from the register of entrepreneurs or legal entities, a passport, a cadastral extract for the land, documents for buildings, and a draft site plan. The legislation of some subjects of the federation provides for the payment of fees for resolving land issues.

The circumstances of the case are studied by specialists of the land management department within 10 days. A legal entity's request to create a summer house on the site of a farm will be denied. A negative response will come from the authorities if the lands in question have increased fertility.

Convert land from agricultural use to summer cottage construction

It is in Article 7 of the Land Code that 7 categories of land are identified and characterized. Each has restrictions on the right to use. According to the Code, residential buildings can only be built on lands that belong to administrative settlements or have agricultural purposes. But while construction in towns and cities is relatively easy to deal with, the situation with the development of agricultural land is more complicated. One of the most popular questions is how to transfer land from agricultural use to summer cottage construction on your own?

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All rules and requirements regarding the transfer of land from one category to another are spelled out at the legislative level. The regulations clearly state what papers need to be collected, to which authorities to submit and within what period the official transfer of land will be carried out. Algorithm of actions The algorithm of actions for transferring land from one category to another has remained at the same level for many years.

As for residential buildings, the situation is a little more serious and it is necessary to prepare a larger package of documents for registering a house, and in the future for registering an entire family or one person in the house. Our land law company offers a turnkey procedure for transferring land from agricultural use to SNT/DNP. Non-profit gardening partnerships must be located on agricultural lands. They are intended for growing agricultural crops, and the construction of country-type houses is allowed on the plots.

How to convert cx land to dnp

Next, construction projects need to be registered to obtain ownership rights to them. Then there are several options: you can unite in the interests of the owners into SNT, DNP, DNT, you can live separately as owners, or you can simply “ruin” the farm with internal decisions and register ownership of the land and buildings. This scheme for transferring agricultural land will take about a year.

The transfer of land to another category in 2020 is carried out by the competent service upon presentation of an application and the necessary papers attached to it. The exact form of the documents is approved by the department to which they are submitted. At the same time, the basic law - Federal Law No. 172 of December 21, 2004 (as amended on June 3, 2016) contains the following list of necessary information included directly in the text of the application:

The law limits the targeted transfer of plots from an agricultural category to any other if they contain valuable land with increased agricultural productivity. Also, when considering the application, a comparative assessment of the current cadastral value of land plots is carried out, in which the average value for the region is taken as a guide.

Refusal of the application

establishing, in accordance with federal laws, restrictions on the transfer of lands or land plots as part of such lands 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.

The procedure for transferring land for agricultural needs into individual housing construction is possible, and it is regulated by the Land Code of the Russian Federation and Law No. 172-FZ. In accordance with these documents, plots with individual housing construction objects must be classified as land in settlements.

Legal support for the creation of SNT

In addition to changing the type of permitted use of a land plot to create a SNT, our company’s specialists will help you:

Register a legal entity (SNT/DNP);
Prepare and approve the PPT;
Allocate and register public lands;
Obtain permission to build a road;
Agree on the allocation of electrical power;
Conduct initial meetings of SNT members;

Our land legal specialists offer full legal support for the creation of SNT/DNP and representation of the customer’s interests in the administration of the district, region, and Rosreestr.

We will transfer your land plot to SNT

Our company's land lawyers offer services for the transfer of agricultural land to the land of settlements, or inclusion in the settlement, and also challenge refusals to change the type of permitted use of land for clients who have tried to carry out this procedure on their own.