Article 33. Norms for the provision of land plots. 1. Limit (maximum and minimum) sizes of land plots provided to citizens for ownership from those located in the state land

Home / Land, dacha, construction / Documents and legislation / Land plot / Ownership

Back

Published: 08/15/2017

Reading time: 5 min

0

2086

Have you ever wondered whether legal regulations limit the number of plots of land you can own? Moreover, in practice, people do not often encounter owning a large number of plots of land. What's really going on?

• Land ownership standards in the Russian Federation Legal entities
• Citizens of the Russian Federation
• Residents of a foreign country

Rules and regulations

The concept of limit values ​​is used in the Town Planning Code of the Russian Federation.

They are determined by town planning regulations along with other parameters of permitted construction:

• the maximum permitted percentage of development,
• necessary distances from boundaries to buildings,
• permitted number of floors and height of buildings.

The established limit values ​​depend on the VRI, for example, for individual housing construction plots the established areas are smaller than for private household plots and peasant farms. To determine these values ​​on the lands of settlements, not only land and urban planning legislation, but also the Rules for Development and Land Use are taken into account.

In the absence of approved PZZ, the limit values ​​are determined by the local administration in its legal acts (clause 4 of Article 4 of the law on private household plots).

For plots located on federal lands, the permissible range of area should be determined by federal laws , and for plots on the lands of a subject - by regional laws .

A maximum of 0.5 hectares of private household plot land may be owned or otherwise held by a citizen . This value can be legislatively increased at the subject level, but no more than 5 times (clause 5, article 4 of the law on private household plots).

The established maximum values ​​apply to all land plots, with the exception of

• granted ownership,
• rent
• or free use

on the basis of Law No. 119-FZ.

If a land plot was received for indefinite use, inherited lifelong possession before the adoption of the law on private household plots, or received as a result of donation, inheritance, purchase and sale, then the established limits of the permitted area do not apply .

Ownership rights can be registered for such plots.

In some regions, when registering ownership of a plot with an area exceeding the permitted maximum, the purchase of “extra” acres is required.

How many plots of land can you own?

I have been hearing a lot of horror stories about Juvenile Justice for a long time. I think that, like me, this issue bothers many mothers. So I decided to figure it out and form my own opinion about this phenomenon. I decided to start with my favorite source of information - ConsultantPlus, where I found an interview with the Commissioner for Children's Rights in the city of St. Petersburg, Svetlana Yuryevna Agapitova. Here I will give only part of a huge interview, the full text can be viewed at this link https://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=SPB;n=116855 on a day off or after 20.00 on weekdays. I’ll make a reservation right away.

We recommend reading: Notarization of the Agreement of Donation of a Share in an Apartment Cost

I have been hearing a lot of horror stories about Juvenile Justice for a long time. I think that, like me, this question worries many mothers. So I decided to figure it out and form my own opinion about this phenomenon. I decided to start with my favorite source of information - ConsultantPlus, where I found an interview with the Commissioner for Children's Rights in the city of St. Petersburg, Svetlana Yuryevna Agapitova. Here I will give only part of a huge interview, the full text can be viewed at this link https://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=SPB;n=116855 on a day off or after 20.00 on weekdays. Let me make a reservation right away that this is not a point of view.

Limit values

If a Russian citizen has a desire to engage in private farming, then he has the right to apply to the authorized administrative body with an application to allocate the appropriate plot to him.

Land plots using private household plots are of 2 types:

• Field - located on agricultural land outside the populated area . Intended only for the production of agricultural goods.
• Household plots are located within the boundaries of a populated area . In addition to agricultural use, it is allowed to erect auxiliary premises, residential buildings, and domestic buildings on them in compliance with sanitary, construction, and fire standards.

When providing a free plot of land owned by the state or municipality, the standards approved for a specific territory must be observed. In the case of paid acquisition of allotment, the range of permitted area is established in the PZZ.

If the development rules for your area are not defined, then the maximum and minimum size of plots for private plots will be established by a regulatory act of the authorized local government body.

Depending on soil fertility, the availability of free land and other factors, different regions determine their minimum and maximum for private household plots.

There is no single register that specifies the permitted area ranges. To find the necessary data you need to study the regulations of the local administration , which set the limit values. As a rule, this is a decision of the council of deputies of the municipality or a law.

Minimum land area

The average minimum value for the regions of Russia is considered to be 10 acres .

However, in some regions this value can be even 2 acres, which is not very rational, since it does not allow full-fledged private farming.

It is also necessary to be guided by the established minimum when dividing a land plot that is owned.

The introduction of area restrictions at the legislative level made it possible to prevent the uncontrolled division of plots, which could result in the formation of micro-plots or macro-plots unsuitable for rational use.

The table shows some established minimum land area for some regions of Russia:

In the capital, the definition of the permitted range of areas should be established by the City Duma, but the corresponding document has not yet been adopted .

Maximum

Establishing a maximum size is necessary due to the limited number of private household plots that can be provided to citizens free of charge.

The average maximum value for the regions is considered to be 50 acres (0.5 hectares).

In the table we present some established maximums for the area of ​​land for private household plots by region of the Russian Federation:

Free provision of plots for individual housing construction in the Leningrad region

• residents of the Leningrad region, permanently residing in the region for at least 5 years preceding the day of filing an application for free provision of land, who are registered with local administrations as those in need of residential premises (Article 51 of the Housing Code of the Russian Federation);

• large families included in the register of large families of the Leningrad Region - provided that the parents (one of the parents) have lived in the Leningrad Region for at least 5 years preceding the day of filing an application for free provision of a land plot;

• large families included in the register of large families of the Leningrad Region and who submitted an application for the provision of a land plot before 04/11/2013 (Article 2 of the Law of the Leningrad Region No. 8-oz dated 02/19/2013) - details can be found here;

• young professionals under the age of 35:

1. having completed higher (secondary, primary) vocational education,
2. final year students of an educational institution of higher (secondary, primary) vocational education,
3. working, in accordance with the qualifications obtained, under an open-ended employment contract or under an employment contract concluded for a period of at least 5 years, at enterprises, institutions, organizations, individual entrepreneurs operating in the Leningrad region, but subject to registration as needy in residential premises established by Article 51 of the Housing Code of the Russian Federation;

• family members of deceased Heroes of the Russian Federation, who were awarded the title of Hero of the Russian Federation posthumously and who, at the time of death, had been permanently residing in the territory of the Leningrad Region for at least 5 years preceding the day of filing the application for free provision of land:

1. the widow (widower) of a deceased Hero of the Russian Federation, who has not entered into a remarriage,
2. children under 18 years of age,
3. children over 18 years of age who became disabled before they reached the age of 18 years,
4. parents of the deceased Hero of the Russian Federation - in the absence or refusal of the persons specified in paragraphs 1-3;

• combat veterans (in accordance with the Federal Law “On Veterans” No. 40-FZ dated January 1, 2000) - subject to permanent residence in the Leningrad Region for at least 5 years preceding the day of filing an application for free provision of land;

• disabled people and families that include disabled people enrolled in local government bodies of the Leningrad Region as those in need of residential premises on the grounds provided for in Article 51 of the Housing Code of the Russian Federation.

We recommend reading: How to submit data on electricity meters

Construction on land for personal farming

Before erecting buildings on your plot, it is recommended to plan their location and size, taking into account

• construction,
• sanitary,
• firefighters

normal.

The dimensions of a residential building planned for construction on an allotment for private household plots are determined taking into account the available area of ​​the allotment and the necessary restrictions and setbacks.

Be sure to take into account the following rules:

• For all individual residential buildings, it is mandatory to comply with the following requirements: height no more than 3 floors, area less than 1500 sq. m.
• On a plot of less than 12 acres, only one residential building . Additionally, the presence of auxiliary and outbuildings, a bathhouse, and a garage is allowed.
• The distance of a residential property from the “red line” is more than 5 m when the plot is located near the road, more than 3 m when located along the passage. The front fence is installed along the red line.
• Fire requirements determine the required gap between objects . The maximum 15 meters is determined for wooden buildings, the minimum 6 meters for stone ones.
• In accordance with the requirements of sanitary services, the distance between a residential property and neighbors’ fences must be at least 3 m; for outbuildings, it must be 1 m; poultry houses must be 4 m away. The largest distance is determined for baths and saunas; it is 8 m.

Compliance with construction and sanitary requirements is mandatory for personal plots. Owners of field plots may not strictly adhere to them.

Land ownership limits: yes or no

• The first is a regional initiative provided for large families in the event of the birth of 4 or more children (depending on what border the legislation of the constituent entity of the Russian Federation establishes).
• The second is the so-called “Far Eastern hectare” - a program that allows you to get full control of a plot of land in the Far East with the condition of using it to create a farm specializing in the production of meat, dairy products, as well as other enterprises that boost the production economy of the region.

Such a restriction is established in relation to those lands that are intended for agriculture - by the norms of Federal Law No. 101-FZ “On the turnover of agricultural lands”. In accordance with the text of the legal norm, the size of the total area of ​​land plots owned by one person within one municipal district is limited; it is established by the legislation of the constituent entity of the Russian Federation on the territory of which these plots of land are located.

We recommend reading: How to deregister a car with the traffic police without a car when selling