How to get land for farming. Obtaining agricultural land in stages

How to take land for farming

Editorial

Promdevelop editorial team

The thought that “you have to pay for everything” or “free cheese only comes in a mousetrap” always lives in people’s minds.

However, few people know that the state is breaking these established stereotypes. It can provide land for farming , allocating land from communal or state property. The authorities encourage the spread of farming and contribute in every possible way to this.

Obtaining land for farming has a legal basis, since this procedure is prescribed in the Constitution of the country and the Land Code. How to get land for farming? What steps do you need to take to become the owner of a plot? What subtleties and nuances do you need to know and take into account? This is what our article is about.

Agricultural land - what is it?

When a person decides to start farming, he is faced with the main question: how to get land for farming? According to the Law, agricultural land is considered to be a plot of land located outside the city or other populated areas that will be used for agricultural needs.

Such areas include:

• pastures for animals;
• arable lands and hayfields;
• forest belts and other artificial plantings created to protect the land from the negative influence of external factors on it;
• buildings for production, storage and processing of products;
• on-farm runs, roads and communications (power lines, communications, gas and oil pipelines);
• buildings for scientific, research and educational activities.

Interesting Facts! You can get such a plot not only at the farmer’s place of residence, but also in any region of the country. True, this will require much more effort. The state gives the right to purchase one plot for each type of farming activity and privatize them.

Regulatory framework

In accordance with the law, state and municipal agricultural lands are provided to both individuals and legal entities on the basis of ownership or lease on the basis of the procedure established by Article 10 of the Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural lands.”

Agricultural plots of the state or municipality are granted ownership through tenders (competitions, auctions).

State or municipal agricultural lands are provided for lease in accordance with Part 1 of Article 10 of the above-mentioned law and in accordance with the procedure established by Article 34 of the Land Code of the Russian Federation.

Who can get a plot of land

The law allows the provision of land for KFK (peasant farm enterprise):

• individuals who have reached the age of majority;
• partnerships, cooperatives and societies for economic purposes;
• municipal enterprises;
• state unitary enterprises;
• religious and commercial organizations;
• communities with scientific, research, educational, experimental and production purposes;
• Cossack minorities;
• educational institutions with an agricultural profile;
• small nationalities to preserve their original culture and way of life.

Farming is an activity that can be carried out either by one person or by a group of people who are related to each other (see How to open a peasant farm from scratch?). The founder of a farming business must be an able-bodied adult citizen. This same person is the chairman of the KFC. His responsibilities will include reporting to authorities, concluding transactions, business agreements and other legal actions.

You can become a member of the KFK from the age of 14. But these cannot be people working on this farm under contract. The group of people involved in agricultural production should include the chairman’s immediate relatives (spouse, parents, children, grandchildren, grandparents, cousins, nephews, stepparents, stepchildren). In order for a new member of the farm to enter, appropriate changes must be made to the Charter (it indicates the name and location of the farm, the purpose of the activity, the composition of management members, the rules for entering and leaving the enterprise, a seal and stamp).

State support program “Beginner Farmer” in 2017-2018 Interesting facts! If one of the spouses privatized the plot for himself, then the second can do the same in his own name, however, the property will be regarded as common property.

Requirements for agricultural plots

Basically, the main requirements of purchasers and tenants of agricultural land plots are the location and size of the land.

The minimum area of ​​land for agriculture can be established by legislative acts of the constituent entities of the Russian Federation, which are based on the requirements of the Land Code of the Russian Federation and other federal laws.

Agricultural land plots that are part of the territory of artificially irrigated agricultural land and drained land, the size of which is less than the minimum size established for such types of land, cannot be formed for provision.

The maximum size of the total area of ​​agricultural land that is located within the territory of one municipality and owned by one person or one organization is established within 10% of the total area of ​​agricultural land of the municipality.

When directly using agricultural land, the state requires compliance with the requirements of urban planning regulations, construction, environmental, sanitary, fire safety and other rules and instructions. At the same time, it is prohibited to pollute, litter, or degrade soil fertility on agricultural lands.

How to get agricultural land for free

Now let's look at the procedure for getting land for farming:

1. Submitting an application to a local government authority that has the right to manage state or municipal territories (for example, a city, village or township council, district State Administration, service for cadastral issues, geodesy or cartography).

The application must indicate the estimated size of the plot and a diagram indicating its location (taken from the cadastral plan in the district administration) and the type of activity that will be carried out on it. The application must be certified by a notary (that’s where the first payments came in).

The application should be accompanied by a copy of identification documents confirming education in the agricultural specialty or experience in farming. The governing body, within a month, will consider the application together with other authorities (environmental protection, cultural heritage, architecture, land resources, forestry and water management) and the sanitary and epidemiological station.

1. Contact a cadastral organization engaged in the development of projects for the allotment and surveying of a plot of land (to establish the size, boundaries, geodetic coordinates of the territory and its plan) (see Registration of a real estate property for cadastral registration).

Interesting Facts! The designer must be a person certified as a land surveyor. Then the work will be legal, and further actions will be valid.

Draw up an agreement with this organization on the deadlines for completing the work (they should not be more than six months). The results are presented in paper form and on electronic media. Make sure you have a paper version of the project - this will be insurance in the future.

1. We send the finished project for consideration to the Documentation Approval Commission. We attach an extract from the State Cadastre for Land Affairs to the project. A decision on refusal or approval will be made within 3 weeks.
2. If the documentation is agreed upon, a decision will be made that you can receive the land for the KFK free of charge. Having received permission, you need to contact the Registration Service to fix ownership of the site by submitting an application for registration.

In addition to the application, copies of documents confirming identity, identification code, certificates of payment of taxes and duties for provided extracts and projects, and an extract from the State Cadastre of land plots are submitted. The appeal is processed for about two weeks. After this, an official and legal certificate of ownership of the site will be issued, registered by all authorities.

Methods of renting land

Only a formed plot that has undergone cadastral registration can be leased. Land can only be rented from its owner.

1. If this is a private or legal entity, then it is enough to draw up an agreement in writing and register it with Rosreestr.
2. Sublease a plot from a person who has already rented it
3. The third option (more complicated) is to rent a plot of land from the state.

How to lease land from the municipality according to the new rules.

In land legislation from March 1, 2015. the changes have come into force. Now state and municipal land is provided in two ways:

• holding an auction;
• no bidding.

Reasons for refusal to receive land

If permission to own a plot of land was refused, such refusal must be justified. Refusal may be due to inconsistencies between the location of a farm plot with regulatory documentation, legal requirements, general land management plans, or the threat of protecting this land. The application will be rejected if the size of the plot exceeds the permissible limits or another person has the right to this territory. When the required documents are missing, and errors were found in the existing ones, a refusal will follow.

Challenging the cadastral value of a land plot or real estate property

Any refusal or failure to consider applications by authorities can be appealed in court. True, this is a long and not always successful process.

Features of a long-term land lease agreement

The requirements for a land lease agreement are described by the norms of land and civil legislation of the Russian Federation.

The location of a site in an area that requires restrictions on use implies that the lease agreement for such a site specifies the conditions for its operation. For example, if the site is located on the shoreline of a lake, river or reservoir, then the tenant must ensure unhindered access for people to the water body (Clause 8, Article 6 of the RF CC). If capital buildings are located on a land plot, their owners have the exclusive right to rent this plot. The lease agreement is drawn up with multiple persons on the lessee’s side, if there are 2 or more owners.

A land plot lease agreement must necessarily contain data that allows one to identify the object of the agreement: the cadastral number of the plot, its area, address, intended purpose, size, methods of making rental payments (clause 3 of Article 607 of the Civil Code of the Russian Federation). Otherwise, such a document is considered void.

In accordance with the norms of Articles 609, 433 of the Civil Code of the Russian Federation, Article 26 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” a long-term lease agreement must be registered.

The process of obtaining land for a long-term lease does not always go smoothly and calmly. There are bureaucratic delays, quite frequently changing laws, and the human factor. Therefore, before you begin activities to formalize the right to lease, you should weigh the pros and cons, be patient and familiarize yourself with the legislation.

What can be built on agricultural land

Firstly, it is worth noting that the land given into possession must be used only for its intended purpose. If for five years the farmer complies with this rule, then in the sixth year the state finally and free of charge transfers to him the right to own this territory.

Registration of a real estate property on the cadastral register: land plot, house. How to get USRN?

Secondly, on the site you can build premises for breeding and raising birds, fish, livestock, for storing hay, vegetables, fruits, mushrooms, berries and plants. The construction of sheds, sheds, structures for forest protection and for legal hunting, as well as for storing inventory and equipment is permitted.

Who is eligible to receive?

Agricultural land plots that belong to the state or municipality can be transferred into ownership or lease:

• to individuals,
• legal entities.

The provision procedure is regulated by the Land Code of the Russian Federation and other regulations of federal and regional significance.

Options for obtaining land

There are two ways to obtain land:

1. Buying land. Before buying, find out all the information about this plot, what transactions were concluded, how many owners there are for this property. Get approval from each site owner. If everything is in order, then pay close attention to drawing up the contract for the purchase of the site. The state gives a period of one year to purchase land from the moment of notification to the State Services. After that, proceed according to the 4 steps mentioned above.
2. Lease of land with subsequent transfer to the ownership of the tenant. The meaning of this option is that the state provides land free of charge for a period of 5 years. During this period, the tenant is obliged to use it strictly specifically for the development of agriculture. In this case, no rent payments are received, and only land taxes for the plot are paid. In the sixth year, if this condition is met, the tenant can re-register the territory as his own property, with the right to dispose of it at his own discretion. This method of obtaining land is often used by privileged categories of citizens, such as large families.

Getting possession of land almost free of charge is a very realistic goal! And since land is not being produced, but tends to run out, you need to quickly decide on your desires and needs!

Land lease without bidding

It is possible to rent a land plot without holding a tender in the following cases:

Step-by-step instructions for taking out long-term land lease

• Find a suitable plot in person (for example, on the Rosreestr website, by opening a public cadastral map - land map or by contacting the local administration.
• Order a cadastral passport for the land plot (if it has already been generated and registered with the cadastral register).
• Contact a cadastral engineer to prepare a diagram of the location of the land plot (the plot must be formed).
• Write an application requesting preliminary approval for the provision of a land plot. In accordance with Article 26 of Federal Law No. 171 dated June 23, 2015, from June 1, 2015, this can be done:
• personally;
• send a notification letter by mail;
• electronically via the Internet.

30 calendar days are provided for consideration and approval (or refusal) of the scheme. If during this period there were no other applicants (their applications were not registered), then the authorized body approves it and transfers it to the applicant. If the owner of a permanent structure (for example, a residential building) located on a land plot indicated in the scheme applies, then a certificate of ownership of this building must be attached. The following situation is possible: different applicants, parallel to each other, provided layout diagrams of the land plot, in which the coordinates of the boundaries of the plots may coincide, fragmentarily or 100%. In this case, those who wrote the application last will have to wait until the previously submitted schemes are considered.

1. Order a boundary plan (this is done by a cadastral engineer for a fee) in order to carry out cadastral registration of the site;
2. Once again contact the local authority authorized to dispose of land with an application for lease of a land plot.
3. Receive an order to provide a land plot on a leasehold basis.
4. Sign the agreement and register it.

In accordance with clause 6 of Article 39.14 of the Land Code of the Russian Federation, persons belonging to the category of beneficiaries are provided with a land plot without an auction only once.