How to change the category of land from gardening to individual housing construction?

Who can change the purpose of land? The transfer of land from one status to another is determined by the Land Code of the Russian Federation and Federal Law No. 172. Only a certain circle of subjects has the right to change the category of a land plot:

• Local government bodies;
• Legal owners;
• Owners of buildings located on UZ;
• Users of underground resources in a specific territory.

Subjects with whom an agreement has been reached regarding the placement of certain objects on the territory also have such powers.

How to change the category of land from gardening to private housing construction?

• Industrial zones can be transferred to other categories without special restrictions (Article 9 of Federal Law 172), but subject to complete restoration according to a reclamation plan.
• Lands with a special status (protected, valuable). They are transferred to another category extremely rarely due to the loss of valuable properties (Article 10 of Federal Law 172). Conversely, any territory, with the exception of the ZNP, can receive the status of a specially protected zone, if there are conditions for creating a tourist, environmental or other similarly valuable zone in this area.
• Forest and water areas. They are transferred when creating particularly valuable areas or constructing an object of state (municipal) importance, and are also integrated into the expanding boundaries of the settlement (Art.

How to transfer land from gardening to individual housing construction: procedure and cost of the issue

If information about land ownership is recorded in the Unified State Register, but the plot was not registered in the Unified State Register within five years from the date the data was entered, then after the specified time, such an object is deregistered and assigned the status of canceled. In this regard, the procedure must be resumed, since land deregistered can only be restored in court. Documents for changing the status of a plot In order to change the status of land ownership, as a rule, documentation is required, which is necessary when registering actions with real estate, giving rise to legal consequences.

Such actions act as grounds for transferring the site to another status. For example, if the land is given the status of a temporary object, to replace it with a registered one, register the ownership or lease of the object.

How to transfer land from SNT to individual housing construction in 2018

The law includes the following reasons for changing the category as such conditions:

• conservation of the territory;
• creation of especially valuable zones;
• expansion of the ZNP;
• planned construction of industrial structures;
• transfer to the water or forest fund, to land reserve zones, if the territory of the agricultural reserve has become unsuitable for exploitation;
• construction of roads, power lines, pipelines;
• for defense needs, implementation of international government projects;
• planned development of mineral resources on site;
• placement of social facilities, including for education and healthcare, if there is no other territory for the construction of this facility.

1. RFP. Changes along with the expansion (decrease) of the limits of the populated area (Art.

Another frequently encountered situation when it is necessary to resort to transferring land from gardening to individual housing construction is the need to legitimize residential buildings erected on garden lands. Features of the Land for growing garden crops can be for individual and collective use. Each land use option has its own characteristics. The location of garden plots on a particular category of land determines the sequence of administrative procedures for changing the type of permitted use:

• Garden lands as part of settlements - an application to change the VRI is sent to the relevant executive authority.
• Vegetable gardens on agricultural land - a change in the category of land is carried out with the simultaneous assignment of the desired VRI to the plot.

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.

How to change the status of a land plot to individual housing construction

You need to find out the status of land ownership before purchasing it. In this way, you can find out in advance how this property can be exploited and eliminate possible violations in the field of land use.

It is important to understand that the legislation provides for the possibility of carrying out special procedures to change the established status of a site to the desired one. To do this, we should consider this issue in more detail.

• How to change the status of a land plot
• Documents for changing the status of a site
• How to find out the status of land

How to change the status of a land plot The contents of the cadastral passport of each land plot reflect the category to which it is assigned, as well as the established type of permitted land use. Vegetable garden lands are often located in close proximity to populated areas, so they are the ones that come to the attention of potential developers. According to current legislation, the only type of buildings allowed on “garden” lands are temporary sheds for storing equipment. This provision of the law applies both to plots located on agricultural land and to plots within populated areas. Read more about what can be built on lands for gardening in a separate article. Law 217-FZ, which comes into force in 2021, regulating the use of land with the purpose of “Vegetable gardening”, will not only not weaken the norms of the current Federal Law-66, but will also strengthen them by introducing a complete ban on the construction of housing on such sites. In this situation, the only legal way out of the situation is to change the VRI of the site to one that allows the construction of individual housing construction.

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What is the difference between agricultural land and private housing construction?

The lands of the SkhN are intended exclusively for their intended use, i.e. for conducting activities in the field of agriculture. The list of acceptable methods of their use is determined by Article 78 of the Land Code of the Russian Federation. This list does not contain items on the possibility of solving everyday problems related to the residence of citizens.

On agricultural storage sites, the construction of only non-residential buildings intended for storage and processing of agricultural products is permitted.

Residential buildings located on agricultural lands are considered illegal and are subject to forced demolition at the expense of the owner. In addition, a fine may be applied to the violator. It is also possible for a land plot to be confiscated from the owner due to its misuse.

Read more about what can be built on agricultural land here.

For the construction of individual residential construction projects (IHC), according to Article 7 of the Land Code of the Russian Federation, only plots of the category “land of settlements” with the corresponding type of permitted use are intended. In addition to private houses for living, garages and ancillary buildings can be built on such objects.

Transfer procedure

Transferring a plot from gardening to individual housing construction is a procedure for officially changing the category of a land plot, which is fixed in the real estate register.

By changing the category of the storage device, the types of its permitted operation change.

This procedure is regulated by the norms of the Land and Town Planning Codes of the Russian Federation, as well as by Law No. 172-FZ.

It is worth noting that in order to obtain the status of land for individual housing construction, the site must be located within a populated area. Therefore, not every gardening plot can be transferred to this category.

Initiators

The procedure for changing the category of a land plot is initiated by its owners. They are guided by the fact that when changing the category of land from gardening to individual housing construction, land owners receive a number of benefits:

• such plots are more valuable; when the land receives the status of individual housing construction, its market price increases significantly, so such a plot can be sold at a higher price;
• it is allowed to register in a house on individual housing construction;
• the house will receive an official address;
• central communications will be provided to it: gas, water, electricity from the municipality’s funds;
• Municipal authorities will take responsibility for clearing the entrance to the house.

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.

Step-by-step instruction

To change the category of a land plot from gardening to individual housing construction, you need to go through some mandatory steps.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

Stage 1. Preparation of documents

The owner who decides to change the category of the plot must prepare the following set of documents:

• owner's passport;
• a power of attorney for the owner’s representative, certified by a notary (in case the application will be submitted not by the owner himself, but by a third party);
• documents that serve as confirmation of the legality of the applicant’s rights to dispose of the site: for example, when purchasing a site, this is a purchase/sale agreement, receiving it as a gift - a deed of gift, etc.);
• certificate of ownership of the land plot/cadastral passport or an extract from the Unified State Register combining these two documents with a statute of limitations of at least a month;
• If there are buildings on the site, then a technical plan for them is required.

A similar requirement applies to plots that belong to jointly acquired property. Then it is necessary to obtain the consent of the spouse to change the category.

Stage 2. Transfer of documents

This set of documents is submitted for consideration to the local administration, which oversees the resolution of land issues. Together with it, a petition is written, which shows in detail the essence of the request (to change the category of the owner's plot to individual housing construction), indicating its address and cadastral number.

There is no state duty for the provision of this public service.

All the information you need about collective shared ownership is in our material.

All questions related to building permits can be found here.

Stage 3. Final

The administration is given two months to review the submitted set of documents.

After which she must make a decision allowing the transfer of land from gardening to individual housing construction, or an official refusal.

A negative decision may be made if the owner submits an incomplete set of documents or if false information is identified.

Also, the owner may receive a negative verdict for reasons beyond his control: for example, if the specified site does not fall into a promising project for the development of a settlement.

The said act must specify the grounds for changing the category, the area and cadastral number of the plot, the previous and changed category of the land. All that remains is to make changes to the category of the land plot in Rosreestr, for which you will need to write an application for making changes to the Unified State Register, attaching a passport and an act from the administration to it.

It is worth noting that not all owners decide on the long-term procedure of transferring land from gardening to individual housing construction. According to established judicial practice, municipal authorities are obliged to assign an address for a house on a garden plot and register the owners there.

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Goals

The purpose of transferring land from individual housing construction to commercial is to build a commercial activity facility on your site , namely:

• store;
• cafe;
• beauty salon or hairdresser;
• hotels;
• pharmacies;
• sports complex;
• office;
• workshop;
• service center;
• warehouse;
• car service, etc.

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How to change the status of a land plot to individual housing construction through government services

The final decision will be made only after reviewing the submitted documents. According to Federal Law No. 172, the category of land can be changed subject to the following conditions:

• no restrictions regarding the transfer of land at the federal level;
• presence of a positive environmental report;
• there is the possibility of transferring to individual housing construction in accordance with the approved territorial land management plan.

That is, the entire translation process comes down to the following steps:

1. Collection of documents.
2. Submission of documentation to local authorities.
3. Waiting for the administration's decision.
4. An official change in the status of land with a positive decision from the authorities.

But usually, owning a garden plot requires participation in a garden partnership, compliance with the Society’s Charter and payment of membership fees.

How to change the status of a land plot

• The application is submitted to Rosreestr through the MFC in person, through an authorized representative or by mail within the framework of urban planning regulations. Applicable in case of adjustment of the type of permit with amendments to the cadastre data for the site and in the required column of the application the type is indicated in accordance with the Classifier.
• Application to establish compliance of the VRI of a land plot with the classifier (form) Download An application and a number of documents are submitted for consideration by the owner of the land.

Changing the status of a land plot to private construction

From the requirements for the site, I only remembered that it should not be narrower than 10 meters, and with an area of ​​at least 6 acres. At the same time, find out the address of the next authority we need from the architect. Action 4: We move to the APU (Architectural and Project Management), and more specifically, to the department of pre-design preparation and construction. Task: to obtain documents and materials on the design of the site and the placement of buildings on it. Required (as always, original + photocopy): cadastral passport, registration certificate, application for change of status, “thousander” and ... topographical survey of your site and adjacent territories! More details here. Topographic surveys have an expiration date. About a year. How to change the category of land from gardening to private housing construction? The application is drawn up in any form, but some partnerships may have a specially designed document form.

How to change the category of land from gardening to private housing construction?

• characteristics of the allotment, information about it;
• exact position;
• type of ownership;
• cadastral registration characteristics and technical data;
• period of use or possession;
• reasons for changing the type of land permit.

To get a positive answer, you need to focus on preventing violations of urban planning standards as a result of the changes being made. The document is certified by the signature of the owner.

This is interesting: Unauthorized construction of individual housing construction

How to change the type of permitted use of a land plot?

The law allows you to build a house on the land for a vegetable garden, but it is impossible to obtain registration in it. The plot for private plots must be used only for its intended purpose and it will not be possible to obtain permits for construction on it. How to change the VRI of a site: procedure 1. The first steps will be to clarify the town planning regulations regarding the type of land use. This must be done at the beginning of preparation for changes to the permit in order to clarify the type of use of land plots for the functional territory within which the land plot is located. The final decision will be accepted only after reviewing the submitted documents.

Decision is made

Let's assume that the owner of the plot has firmly decided to engage in commercial activities and build appropriate real estate on it. What to do in such a situation?

First of all, you need to clarify for yourself the current state of affairs. To do this, you need to find out what category of land this site belongs to and what are the types of its permitted use. If commerce is not one of them, you need to be firm about the need to prepare the appropriate documents.

Issuance of permits for individual housing construction (IZHS)

Therefore, before applying for the transfer of a plot to individual housing construction, you need to leave the association. Only the owner has the right to make a request to change the status of the site.

If the garden plot is used on the basis of its provision for indefinite use, you must first register ownership of the land. List of required documents To directly change SNT to individual housing construction, the following documents will be required:

• passport confirming the identity of the applicant;
• a petition to transfer a land plot from one category to another;
• an extract from the Unified State Register of Real Estate confirming ownership of the plot;
• consent of all owners to transfer a plot from one category of land to another category of land.

A representative may apply on behalf of the land owner.

In this case, a notarized power of attorney is required. In this way, you can find out in advance how this property can be exploited and eliminate possible violations in the field of land use. It is important to understand that the legislation provides for the possibility of carrying out special procedures to change the established status of a site to the desired one.

To do this, we should consider this issue in more detail. Content

• How to change the status of a land plot
• Documents for changing the status of a site
• How to find out the status of land

How to change the status of a land plot The contents of the cadastral passport of each land plot reflect the category to which it is assigned, as well as the established type of permitted land use.

At the state level, there is no charge for this service. But you may need to pay for various additional services.

Cost and terms

The final cost of processing all papers depends on many external factors and is calculated individually. Average price range: 3 thousand rubles - 20 thousand rubles. Rarely does the amount turn out to be more.

The paperwork fee includes:

• price of services and consultations of specialists;
• organization of public hearings;
• cost of state fees:
• registration of papers and creation of their copies.

Additional expenses are possible for resolving controversial issues in authorities working in the field of land legislation.

It is also not possible to unequivocally state the timing of land transfer. Approximate range: from several months, and in special cases, to several years. We can safely say that the translation will be long and troublesome.

A large area of ​​land and its status as a land of federal significance can affect the increase in the period for processing the document.

What you need to know

All lands in the Russian Federation are assigned a specific purpose that determines the order of their use.

Thus, on the lands of urban settlements and municipalities it is permitted:

• build residential facilities;
• provide the necessary communications for the population;
• place infrastructure facilities, etc.

The belonging of land to a certain category determines the legal regime for its use. But in addition, the type of permitted use of a particular site is also important.

When planning to build a house, it is important to take into account the status of the site - for individual housing construction, farmsteading or gardening.

It is permitted to build a residential building for permanent residence on individual housing construction plots. But such land is more expensive than plots for other purposes.

Therefore, many citizens prefer to buy a plot intended for DNP or SNT, and then change the type of its permitted use.

Definitions

An individual housing construction plot of land is land intended for individual housing construction.

To erect a residential building on such a site, a building permit is required, since the constructed building must be located in accordance with the urban planning plan.

A house built on an individual housing construction plot is assigned a full address, allowing you to register at your place of residence.

The SNT site belongs to the lands of a horticultural non-profit partnership. SNT is organized by citizens on a voluntary basis with the aim of jointly solving social and economic problems in the implementation of gardening.

You can build a house on SNT lands without prior approval and obtaining permission. To register in such a house, you will need to recognize the house as residential and assign a full address.

The standard address for SNT is the name of the association and the site number. Among the differences between SNT and individual housing construction sites, the following features can be noted:

• a garden plot costs several times less than individual housing construction land;
• connection of electrical networks for individual housing construction sites is mandatory; electricity supply to SNT lands depends on their location;
• taxation of individual housing construction land is higher than SNT;
• For individual housing construction, the presence of infrastructure is required, unlike SNT, where there may not be infrastructure.

Pros and cons of site transfer

Is it possible to transfer SNT into individual housing construction legally? The law does not prohibit transferring plots of land from one category to another and changing the type of permitted use.

However, it must be taken into account that the transfer of a site has both advantages and disadvantages.

If we consider the transfer of SNT land into individual housing construction, then the following circumstances can be called the main advantages:

Among the disadvantages of changing SNT to individual housing construction, it should be noted:

At the same time, the shortcomings of the translation can be ignored. If the land is needed to build a residential building, it means the owner is ready to pay property taxes.

And the need to build an individual housing construction project is a completely ephemeral drawback, since the transfer is usually carried out for the purpose of subsequent construction.

But the possibility of transferring a plot to another category does not mean that the status of the land will be changed only at the request of the owner. A transfer may be refused for various reasons.

For example, the site is located too far from an urban settlement, there are no necessary engineering communications, and there are encumbrances that prevent the transfer.

Legal regulation

The process of transferring a plot of any purpose to individual housing construction is regulated by the following legal acts:

But transferring the SNT plot to individual housing construction may seem irrelevant, since the law allows the construction of residential buildings on garden plots and even registration in them.

In addition, until the end of 2021, you can take advantage of the norms of Federal Law No. 93 of 2006 and, under the “dacha amnesty,” register ownership of a garden house.

However, it is necessary to take into account the norms of Federal Law No. 217 of July 29, 2017, which will come into force on January 1, 2019.

According to this law, it is allowed to build permanent houses on the lands of gardening partnerships, in which you can register.

But according to clause 2 of Article 23 of Federal Law No. 217, a residential building can only be built on a SNT plot included in the territorial zones for which town planning regulations have been approved, that is, with officially planned development of land areas.

In fact, the construction of a permanent house on the site will depend on the general plan approved by the municipality.

There is a similar provision in the current Federal Law No. 66, but it is practically not applied. Municipal authorities, as a rule, focus on the status of the land and its permitted use.

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If this provision does come into effect after the new dacha law comes into force, then the construction of permanent houses on SNT plots will become impossible.

There are no town planning regulations for garden plots. In addition, after the end of the “dacha amnesty”, it will not be possible to register a residential building built on the SNT site without presenting a building permit.

For now, this can still be done based on the technical plan. But a building permit is issued only for individual housing construction plots.

Accordingly, it turns out that if a citizen has a SNT plot and plans to build a residential building on it, then he needs to either complete construction and register ownership of the individual housing construction project by the end of 2021 or change the purpose of the land. For those who transferred the house in SNT to individual housing construction, the new law will not bring any changes.

How necessary

Is it possible to somehow do without bureaucratic red tape and not formalize anything? Is it always impossible to do business at your place of legal residence? Oddly enough, the law allows in some cases to do this without re-registration.

To do this, the following conditions must be met:

• it can only be an individual entrepreneur;
• residence in this place must be in full compliance with the requirements of the law;
• there should be no production facilities here;
• the rights of people living together should not be violated.

This situation is provided for by the Housing Code of the Russian Federation.

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In the vast majority of cases, the need to transfer land to the commercial category remains.

How to transfer a land plot from SNT to individual housing construction

When planning to transfer a garden plot to individual housing construction, you must first contact the local administration and clarify the possibility of changing the status of the land. If the answer is clearly negative, you don’t have to start the procedure.

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A positive answer allows you to begin preparing documents. The final decision will be made only after reviewing the submitted documents.

According to Federal Law No. 172, the category of land can be changed subject to the following conditions:

• no restrictions regarding the transfer of land at the federal level;
• presence of a positive environmental report;
• there is the possibility of transferring to individual housing construction in accordance with the approved territorial land management plan.

That is, the entire translation process comes down to the following steps:

1. Collection of documents.
2. Submission of documentation to local authorities.
3. Waiting for the administration's decision.
4. An official change in the status of land with a positive decision from the authorities.

But usually, owning a garden plot requires participation in a garden partnership, compliance with the Society’s Charter and payment of membership fees.

Therefore, before applying for the transfer of a plot to individual housing construction, you need to leave the association. Only the owner has the right to make a request to change the status of the site.

If the garden plot is used on the basis of its provision for indefinite use, you must first register ownership of the land.

List of required documents

To directly change SNT to individual housing construction, the following documents will be required:

• passport confirming the identity of the applicant;
• a petition to transfer a land plot from one category to another;
• an extract from the Unified State Register of Real Estate confirming ownership of the plot;
• consent of all owners to transfer a plot from one category of land to another category of land.

A representative may apply on behalf of the land owner. In this case, a notarized power of attorney is required.

The conclusion of the state environmental assessment is also necessary. But if this is not provided by the applicant, then local authorities have the right to independently request this document.

When land is owned by several owners, everyone's consent to the transfer is required. In this case, the consent must be certified by a notary.

It is also allowed to draw up a separate petition from each owner of the site and apply them jointly to the authorized bodies.

Withdrawal from a gardening non-profit partnership

To leave the SNT, only the desire of the participant himself is sufficient, since participation in the partnership is voluntary.

But the exit procedure must be properly formalized. First of all, a statement of resignation from SNT is written addressed to the chairman of the board of the partnership.

The application is drawn up in any form, but some partnerships may have a specially designed document form.

The application is drawn up in two copies, one remains with the applicant. After submitting the application, you must wait for its approval by the chairman of the SNT.

In practice, often after filing an application, citizens act at their own discretion, since participation in the partnership and withdrawal from it are carried out on a voluntary basis.

But it is still advisable to follow the exit procedure approved by the Charter of the partnership. The withdrawing member is relieved of the need to pay membership fees.

However, he retains the obligation to pay for the used electricity and water supplies or other services that are provided on the basis of the SNT agreement with the supplying organizations.

In addition, if the plot is not the property of a citizen, but belongs to a partnership, then for failure to comply with the SNT Charter, the participant may be expelled and the land confiscated.

Video: how to change the purpose of land

In the absence of ownership rights, it is highly recommended to comply with all statutory requirements, pay membership fees and, in the application for exit, indicate the desire to transfer the site to private ownership.

A sample application for withdrawal from SNT can be downloaded here.

Registration procedure for individual housing construction

The procedure for transferring a SNT plot to individual housing construction is as follows:

Important Factors

The commercial use of land affects the interests of other people and may be associated with the interests of certain institutions. For example, the opinion of the Vodokanal or Sanitary and Epidemiological Station on this issue may be important.

An approximate list of factors that will influence decision making:

1. Features of the infrastructure of this area.
2. Neighbors' opinions on the proposed changes.
3. If there are any encumbrances or restrictions on the site. In particular, a plot of land may be the subject of collateral when obtaining a bank loan.
4. In some cases, local authorities or at the national level may already have certain plans that are incompatible with the planned changes.
5. In some cases, it may be necessary to coordinate with certain government authorities (for example, with Rospotrebnadzor).
6. It is necessary to take into account the need for a new survey if the commercial building does not occupy the entire site.

There are other factors that depend on the specific site and the intended type of activity on it.