Pravozhil.com > Rent > Land plot > What does the owner of a plot of land need to know about transferring land to the category of individual housing construction?
The land in circulation is divided into types depending on the permitted use. But is it possible to transfer land to individual housing construction?
Yes, the purpose of a site is a changeable category: in some situations, the law allows you to change the purpose of a site. The most common cases concerning the transfer of land to individual housing construction are discussed in the article, as well as how the whole process is carried out.
Transfer of land to individual housing construction - legislative framework
Legislation on lands for individual housing construction
The procedure for circulation of land and legal relations between land users are regulated by the Land Code of the Russian Federation.
The algorithm for changing land categories is established:
- Federal Law No. 172 of 2004 “On the transfer of lands and land plots from one category to another”;
- Town Planning Code;
- legislation in the field of registration of rights to real estate.
Also, the initiator of the procedure needs to take into account local legal acts in force in the region where the plot is located.
Why do you need to register garden real estate?
Dachas, country houses, garden houses and other capital construction structures must be registered as property in order to:
- they were not recognized as unauthorized construction and were not demolished legally;
- to avoid disagreements with neighbors regarding the location of residential and commercial buildings, as well as to eliminate disputes about the boundaries of land plots;
- receive compensation in case of damage caused by third parties or in case of demolition of buildings for municipal or state needs;
- eliminate the possibility of the Federal Tax Service charging property tax for 3 years and a fine, the amount of which is 20 percent of the amount of this tax;
- eliminate the possibility of problems when connecting gas, electricity and other utilities;
- gain the opportunity to make transactions with this property, as with any other property: donate, sell, inherit, insure, use as collateral for lending.
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The dacha amnesty for registering unregistered buildings on garden plots is valid only until March 1 of the next year. The simplified procedure has become more complicated more than once, and no one can say for sure what will happen after the end of the program. One thing is certain: it will most likely not be simpler, faster and more accessible than it is now.
What is individual housing construction?
Let us first clarify the legal features of land with the intended purpose of individual housing construction (IHC).
It is the status of the plot that determines the categories of its permitted use. To be precise, there is no category of individual housing construction land as such: the term implies the possibility of individual housing construction on the site. And this is already a permitted use.
- One plot can combine several permits: individual housing construction, private farming, gardening and horticulture.
- For private construction, the plot must belong to the category of land in settlements (Article 8 of the Land Code of the Russian Federation).
- When the owner of an agricultural plot plans to build a full-fledged residential building, he needs to transfer his plot to the category of land that belongs to populated areas.
Among ordinary people, the concept of “transfer of land to individual housing construction” is used. We will also continue to operate with familiar terminology.
Legislation
A plot is a part of the earth's surface, the boundaries of which have been certified in the prescribed manner.
The procedure for providing land owned by state and municipal authorities is prescribed in the Land Code. Certain provisions are contained in the Civil Code. Russians are guaranteed equal access to land. State and municipal authorities have the right to lease land (ownership) on a paid basis or free of charge.
A type of lease agreement is a transaction with the purchase of a plot from the state at a symbolic price.
The minimum and maximum size of plots is set at the discretion of local authorities. They depend on the region where land plots are provided for housing construction, the availability of free land, the economic situation in the region, etc. Typically, the minimum allotment is 3 acres, the maximum is 1.5 thousand sq.m.
Land legislation provides for two procedures for providing plots for individual housing construction: without bidding and with an auction. Here are a number of reasons for providing land without bidding:
- sale of land (clause 2 of article 39.3 of the Land Code);
- provision of land free of charge (Article 39.5);
- when concluding a lease agreement without bidding (Article 39.6);
- provision of plots for free use.
Thus, land for individual housing construction can be obtained free of charge without bidding. At the same time, the Land Code states that executive authorities are required to publish a notice of preliminary approval for the allocation of land to a citizen.
If no other applications for participation in the auction are received, then the authorities are obliged to allocate the site without bidding.
Repeated publication of the message by the executive body is not required.
Advantages of land with permission for individual housing construction
What is the advantage of a land plot with permission for individual housing construction?
- In a private house built on the site, you can easily register permanent residence. With the assignment of a postal address, the ability to receive correspondence, apply for benefits, place children in schools and kindergartens in the neighborhood and other social benefits.
- Such areas are included in municipal improvement programs, so all infrastructure will be provided by the authorities. Gas pipelines, roads, centralized drainage, garbage collection: all this is the responsibility of the executive power of a city or settlement.
Changing the purpose of the site. Service cost
Registration on your own will cost several times less than through a commercial company. But this option is only suitable for those who have free time and are ready to understand the legal nuances.
If the applicant takes care of everything himself, he will need to pay for:
- Registration of changes in the cadastre - 1500 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.
Is it possible to change the category of land?
The boom in private housing construction gives rise to a logical question: is it possible to somehow “squeeze” into the land of the nearest settlement in order to enjoy social benefits and live comfortably in nature?
It is possible, but let us clarify that according to the norms of Art. 7 of the Land Code of the Russian Federation, land in circulation has only 7 categories, while there are many more options for permitted use.
Expert lawyer's opinion:
Expert opinion
Gumenyuk Ekaterina Vladimirovna
Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.
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All settlements have adopted urban planning plans with a breakdown of the territory into categories of land plots. The boundaries of populated areas and the boundaries of agricultural land are displayed on zoning maps. Since 2014, changes have been made to land legislation obliging municipalities to adopt land use and development rules on their territory.
The transfer of the category of agricultural land is possible only with amendments to the existing urban planning documentation.
To make a decision on the transfer of agricultural land, the interested person applies to the local municipality, providing all the required documents.
The documentation must contain information about the intended use and other significant reasons for the transfer.
When local authorities accept a positive conclusion, the documentation is sent for consideration to regional departments with the authority to transfer agricultural land to another category.
Agricultural lands are on a special account with the state, so their transfer to another category is carried out only if there are compelling reasons.
For a greater likelihood of making a positive decision, it is better if the need for transfer is due to the construction of individual houses for several owners at once.
A public hearing may be necessary to accept the local municipality's opinion. This will take some time, since the process of accepting proposals for draft changes to land use rules takes at least a month.
Garden house projects
- 1 bathroom
- 7.13² Total area
- 5 x 2m Building area
- 8.63² Total area
- 3 x 3m Building area
- 1 bathroom
- 3.88² Total area
- 3 x 2m Building area
- 4² Total area
- 2 x 2m Building area
- 3.93² Total area
- 3 x 2m Building area
- 3 rooms
- 6 x 2m Building area
- 89² Total area
- 13 x 13m Construction area
- 1 room
- 2 bathrooms
- 16.3² Total area
- 5 x 4m Building area
- 1 room
- 1 bathroom
- 24.75² Total area
- 6 x 5m Construction area
- 31.45² Total area
- 17.7² Total area
- 4 x 5m Building area
- 15² Total area
- 5 x 3m Building area
- 2 rooms
- 16.5² Total area
- 5 x 4m Building area
- 1 room
- 14.14² Total area
- 6 x 3m Building area
- 1 room
- 18.2² Total area
- 6 x 4m Construction area
- 1 room
- 16.5² Total area
- 5 x 4m Building area
- 15² Total area
- 5 x 3m Building area
- 2 bathrooms
- 18² Total area
- 6 x 3m Building area
- 1 room
- 16² Total area
- 4 x 4m Building area
- 1 bathroom
- 5.5² Total area
- 4 x 2m Building area
A country house, located away from the bustle of the city, gives residents of megacities the opportunity to enjoy closeness to nature, breathe fresh air and enjoy the fruits of their labor. But some owners of real estate in gardening partnerships for a long time did not think about the fact that registration of a country house is an urgent need, without which they will not be considered full owners.
It is necessary to register not only land plots, but also all capital buildings that are erected on them Source accounter.co
Owning and using a dacha does not mean that you can freely dispose of it. Even if the land is the property of the owner, then any capital structure on it will be considered an unauthorized building (Article 222 of the Civil Code of the Russian Federation) until it is registered in Rosreestr.
The procedure for transferring land to individual housing construction
How to transfer a plot to individual housing construction?
To change the category of a plot, you should contact the land committee of the local administration based on the actual location of the land.
- Here a corresponding petition is drawn up indicating the original purpose of the land plot and the category for transfer. But this will only be a preliminary consultation: you need to visit the administration again with a solid pile of papers on the ground.
- If the site is owned by several owners, each of them will have to visit the municipality to submit an application. If personal appeal is not possible, a power of attorney is issued to the representative at the notary or written permission is given for the land transfer procedure.
- Now comes the most crucial moment in preparing a package of documentation for the site. A positive decision directly depends on the completeness of the submitted certificates, land plan, cadastral extracts and other documents.
- If the decision is positive, the owner is issued an act of transferring the land to another category with the assignment of appropriate permissions for use. The same information is sent by the contractor to the municipal land registration, cadastre and cartography authorities.
- The procedure ends with the introduction of changes to the state accounting registers, which are carried out by the executive authority.
If transferring land to individual housing construction requires only a change in permitted use without changing the category, the algorithm is approximately the same.
True, such a procedure is not regulated by federal laws. Therefore, local authorities are guided by internal urban planning regulations.
How to recognize a garden house as residential: conditions
Before recognizing a house as residential in SNT, you need to make sure that it meets the requirements established by Decree of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the Regulations...”:
- Location in residential areas in accordance with the conditions of urban zoning, or in the territory of gardening and vegetable farming.
- The operability of load-bearing structures, the absence of damage and deformation that would pose a threat of collapse.
- Availability of engineering systems: water supply, sewerage, electricity. If the area is gasified, gas supply will be needed.
- Optimal thermal insulation of external structures.
- Protecting the premises from the penetration of melt water, rain, and snow.
- The presence of at least one room, bathroom, kitchen.
- The floor mark should be higher than the ground mark. Placing residential premises in basements and ground floors is prohibited.
- Compliance with requirements in terms of noise level, electromagnetic radiation.
Note: to transfer a garden house into a residential one, it is important that it is already registered in the Unified State Register of Real Estate, and that the ownership right is properly registered. If the premises have several owners, everyone's consent to the transfer will be required.
Documents for the application and its consideration
The initiator of the hassle with changing the purpose of the site provides the following documents to the municipality:
- petition in the proposed form;
- a copy of your personal passport;
- in case of shared ownership of the plot - the consent of all co-owners with notarial confirmation;
- an extract from the state real estate cadastre, a cadastral passport of the site and other technical documentation;
- legal basis for ownership/use of the allotment: lease or donation agreements, purchase/sale agreements, certificate of inheritance rights, USRN extracts, etc.
The law allocates 30 to 60 days from the date of provision of papers from the owners to conduct a legal examination of documents and make a decision on the application.
What types of VRIs are there?
To find out about the type of permitted use of the plot, you need to obtain an extract from the Unified State Register of Real Estate. This is the Unified State Register of Real Estate, where information about all objects is entered. The document will indicate one of the options for operating the site:
- basic;
- conditionally permitted;
- additional.
The transition from the first to the second option is possible only if there are no obvious contraindications. The decision is made by the land use commission. To initiate a public hearing (this is how the issue of changing the VRI is resolved), the owner of the plot needs to submit an application to the municipality. After considering the application, officials prepare a conclusion. If the result is positive, it is reported to Rosreestr and changes are made to the Unified State Register.
Grounds for refusal
What grounds may arise for refusing to change the category of land?
- Factual errors in the documentation, incomplete list of collected papers;
- The inappropriateness of changing the category of land, as well as private construction on the territory;
- a ban on the use of an allotment for individual housing construction - such a restriction is typical for agricultural land;
- the applicant has no legal rights to carry out the procedure for changing the category or purpose of the land.
Possible complications during registration
Even knowing how to decorate a country house, its owners may have some difficulties, for example:
The need to go to court to speed up the protracted procedure for registering housing in a dacha.
Inconsistency of data in technical terms with those already available in the Unified State Register of Real Estate.
If the house was built a long time ago, and the documents for it have been lost, then restoring rights to it may take several months.
Themis's check will take some time Source kichgorod.ru
