Land for summer cottage construction. Permission to use

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Published: 11/02/2017

Reading time: 9 min

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Summer cottage construction is possible on sites for various purposes. The construction of a country house on a site of each type has its pros and cons, determined by legal restrictions and requirements for the design of buildings.

Land for summer cottage construction
Capital construction on a summer cottage
Construction permit
Permission to use land
What land can be used for summer cottage construction?
Conclusion

Land for summer cottage construction

Dacha plots are lands that have “Summer dacha management” as the type of permitted land use.

In accordance with the classifier approved by Order No. 540, a dacha plot involves the following types of activities:

Construction of a residential building of no more than 3 floors;
Construction of outbuildings;
Growing crops.

Dacha plots belong to the category of land in populated areas. Construction on such lands is regulated by the Town Planning Code of the Russian Federation. According to paragraphs. 3.9 tbsp. 35 of the Civil Code of the Russian Federation, dacha farming can be carried out in residential and agricultural zones belonging to the lands of populated areas.

Is it possible to register (register) in a garden society or dacha association?

You can build an individual residential house in a garden or dacha association, where, according to the Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 No. 7-P, it is allowed to have both registration and a postal address.

The minimum size of the plot on which it is allowed to build a house is 4 acres. Construction must be approved by architectural authorities.

What are the advantages and disadvantages of SNT and DNP lands?

Capital construction on a summer cottage

A permanent building is an object intended for long-term use. Such an object must have a foundation and cannot be dismantled or moved to another plot of land.

In a broad sense, a country house can be considered a permanent building on a site intended for the purposes of:

Dacha farming;
Gardening;
Individual housing construction (IHC);
Maintaining subsidiary farming (LPH).

According to Order No. 540, the listed types of permitted land use assume the same type of capital structure: no higher than 3 floors and without division into apartments.

Agricultural land for building a summer house

As mentioned above, this category of land is allowed to be provided for the use of citizens for dacha farming. For these purposes, those areas that are not used for arable land, protective forest plantations, livestock farming, fish farming and other agricultural purposes are allocated. Most often they are provided as part of various dacha cooperatives and other associations.

Agricultural land can also be provided for gardening and vegetable gardening. However, it is precisely on dacha plots that it is possible to erect permanent buildings with the possibility of residence, registration in them, or without such a right.

Capital construction is not allowed on plots for gardening. The main thing when choosing a site is to find out what category of land it belongs to, what is the permitted use of the site...

True, there remains a loophole - it is NOT possible to build a permanent house.

Construction permit

In the context of individual construction, a permit is a document confirming the compliance of the construction project proposed by the owner of the site with the following standards:

Territory surveying project;
Sanitary and engineering construction rules;
Town planning regulations (only for settlement lands).

A permit is required to build a house on a plot for individual housing construction or private plots. It is important to know that to build housing on a plot for gardening or summer cottage farming, a permit is not required (clause 17, article 51 of the Civil Code).

To obtain permission to build within the boundaries of a personal plot, the owner must contact the local administration at the location of this plot (clause 4 of article 51 of the Civil Code). The permit is issued by the town planning committee on the basis of an application, a sample of which can be found

The application must provide the following information:

Name of the filing authority;
Full name, contact details and passport details of the applicant;
Address landmarks of the building site and its area;
Type of right to use the site;
The name of the architectural firm that developed the construction project;
Information about the project (number of floors, material, area, etc.).

For an architectural firm, you must also indicate the license number and legal address.

According to paragraph 7 of Art. 51 of the Civil Code of the Russian Federation, the following documents are attached to the application to the town planning committee:

Extract from the Unified State Register of Real Estate on the origin of the right to the plot;
Urban planning plan of the territory;
Construction project;
Situation plan showing communications;
Plan for connecting the future home to communication networks;
Work plan of the construction contractor;
Conclusion of the BTI engineering commission.

After submitting the application, it is reviewed within 30 days, after which a construction permit is issued or refused.

Reasons for refusal may be:

Inconsistency of the type of permitted land use of the site with the purposes specified in the application (construction);
Inconsistency of the presented project with territorial zoning;
Failure to comply with project manufacturing standards.

When preparing a project yourself, you may miss the rules regarding the location of communications. Architectural companies compare the project with the communication plans of the surrounding area and calculate the construction in accordance with accepted standards.

DNP is a dacha non-profit partnership.

Such plots are much cheaper than individual housing construction lands and slightly cheaper than SNT, since the land there is less fertile than on the territory of gardening partnerships. New amendments to the legislation allowed the organization of DNP plots on settlement lands - this practically equated DNP plots to individual housing construction plots, which simplified the procedure for obtaining registration in a house built on the territory of settlements. A clear advantage of DNT is that there is no need for a mandatory technical examination of housing and to recognize it as residential (that is, it does not matter what size it is and what materials it is built from), but only if you do not want to get registration in it, which we will talk about later.

However, there are also disadvantages. The lands of the DNP have an agricultural purpose, so it will be problematic to build a house for permanent residence. What are the difficulties? You will have to independently supply gas to the DNP lands, build roads, which will cost a pretty penny, and in some cases, you will have to install electricity and water supply, unless these lands belong to developers involved in the construction of cottage villages, who do everything themselves. That is, there is no particular reason to count on the help of local authorities in establishing communications, although it would also be wrong to exclude the possibility of such support.

Another disadvantage is that there are no hospitals, kindergartens or schools in the DNP territories.

Is it possible to register on DNP lands? Yes, the law provides for the possibility of obtaining registration in a residential building built on such a site, however, obtaining registration will be difficult and time-consuming.

Let's consider another type of land, which refers to agricultural land.

Permission to use land

According to paragraph 1 of Art. 39.34 of the Land Code of the Russian Federation, permission to use land is required for the following purposes:

Repair of linear objects;
Construction of temporary structures;
Geological study of subsoil;
Conducting the crafts of indigenous northern peoples.

Such permits are issued for the exploitation of state and municipal lands. That is, this permit is not required for summer cottage construction.

What land can be used for summer cottage construction?

Land category	Type of permitted land use	Description, development possibilities.
Lands of settlements	Summer cottage farming Gardening	The plots can be used for construction by owners and members of non-profit associations. Plus: no building permit required. Minus: You cannot build a permanent garage.
	individual housing construction	Used for construction only by owners. Plus: You can build a permanent garage. Cons: Building permit required.
	Private household plots	Used for construction by owners and tenants from the municipality. Pros: you can have a large garage, you can keep farm animals. Minus: you need a building permit.
Agricultural land	Gardening	You cannot build a permanent house before transferring it to city land. Pro: Easy to convert to urban lands, usually larger maximum area allowed than urban gardening lots.
Agricultural land	Private household plots	You cannot build permanent houses. Cannot be transferred to city lands. Plus: Can be transferred to plots for peasant farms with a large permitted area (up to 5 hectares) and the possibility of building a house.

It is important to remember that from January 1, 2021, all dacha plots are equivalent to garden plots, according to Federal Law No. 217 of July 2021.

Garden plots located on agricultural lands near the borders of settlements can be transferred to the category of urban lands in order to be able to build on such plots.

The translation process occurs in the following order:

The owner submits a request for transfer to the regional land committee;
The application is considered within 60 days;
A decision is made to transfer or refuse;
If the decision is positive, an act on changing the category of land is adopted.

A refusal may be obtained if local authorities prohibit changing the category of land in a given territory, as well as if the land is of particular value, or its cadastral value is more than 1.5 times higher than the average for the subject of the federation.

There is no need to change documents for a land plot after changing the category, according to clause 4 of Art. 5 Federal Law No. 172 “On the transfer of lands...”.

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Problems with registration

Often, obtaining registration in a house built on a summer cottage is decided through the court. When developing the type of permitted use of agricultural land allocated for dacha plots, it was understood that the houses on the plots would be used only for recreation and seasonal residence.

Therefore, in order for a house to be registered, it must be included in the housing stock, proving that it is provided with all the conditions and communications for year-round living.

You can prove the possibility of permanent residence in a house on a summer cottage through the court. But to do this, you need to conduct an appropriate examination, collect technical documents for the house, and submit them to the court.

It will be difficult to assign a postal address to a country house, but it is necessary, first of all, for submission to the Federal Migration Service, without which registration is impossible. To obtain an address, you need to contact your local authorities.

IMPORTANT! Both the examination and obtaining an address - all these actions will take a lot of time, money, and effort. But for many families, moving to a country house, fully equipped and safe, is the best alternative to expensive rent or buying an apartment for an exorbitant amount.