Land plot for individual housing construction

Recently, land has become an object of market relations. Despite the tendency towards inertia and insufficient development at the legislative level, real estate assets remain attractive for investment.

One of the common forms of organizing land ownership is individual housing construction (IHC). It is regulated by various legal acts:

• Town Planning Code of the Russian Federation;
  Set of rules “Single-apartment residential houses”;

  Construction norms and rules (SNiP);

  Federal Laws.

  Land ownership according to the Law includes three powers - ownership, use and disposal of natural resources of settlements.

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• Interest in the topic is constantly growing among our compatriots. A plot of land for individual housing construction is land that is divided into several types and is intended for the construction of a private cottage or house. Individuals acquire only 2 of them: plots in populated areas and agricultural lands, which is enshrined in the Russian Land Code. This means they can only be used for specific purposes.

A common form of providing citizens with personal housing through the construction of a house under private property rights at their expense or with direct participation. This is how the purpose of the site, which involves construction, is determined.

This registration option is suitable for those who want to be considered the full owner of the land, which can be used as a personal homeownership, providing for the registration of a person at his place of residence.

There are a number of norms regulating the issuance of permits for the construction of facilities, their parameters, and the size of the site. Land category individual housing construction is located in the territories of populated areas.

Differences between plots for individual housing construction and lands of other categories

The list of land offers is not limited to plots whose names contain only the abbreviation individual housing construction. There are also areas such as DNT, SNT and others. These abbreviations indicate a specific type of ownership of a particular plot of land. But the most in demand is land that belongs specifically to this category.

First, it should be mentioned how the individual housing construction plot is deciphered. This is an abbreviation that means “individual housing construction”. Looking ahead, we note that the purchase of such a plot allows the use of maternity capital. In addition, this financial transaction is subject to the possibility of applying a tax deduction. This will be discussed in more detail below.

If the site belongs to the category “land for individual housing construction”, this means that the territory is intended for the construction of a private house according to an individual project. Based on this formulation, experts are unanimous in their opinion regarding cases when the allotment according to the documents officially falls under this category.

If the future owners of the land intend to live permanently in the constructed house, register there and obtain a postal address, they should purchase only such a plot.

It should be explained what the status of individual housing construction means in relation to the building. First of all, it should have no more than three floors. In addition, according to Art. 49, in the territory of urban settlements and districts, the development and configuration of individual housing construction must comply with the general plan of the settlement.

Each land plot is characterized by the type of permitted use, the determination of which is the prerogative of specialists at the local administration. Therefore, it is useful to know the difference between SNT and individual housing construction. By the way, the abbreviation SNT means “horticultural non-profit partnership.”

Differences between sections of these categories:

1. An allotment for individual housing construction is usually located within the boundaries of an urban settlement or municipality. The SNT land has exclusively agricultural purposes.
2. On land for individual housing construction, you can build a residential building with a height of no more than 3 floors. On SNT sites, only the construction of country houses is allowed.
3. Registration of permanent registration on an allotment for individual housing construction does not involve any difficulties, but in order to register on SNT land, you must first apply for recognition of the building as residential and put it into operation.
4. Since the plots for individual housing construction are located on the territory of the settlement, their improvement is financed from the local budget. Budget funds are also used to develop infrastructure around SNT, but its internal territory is improved only through contributions from members of the partnership.

If we are talking about abbreviations, it is also worth mentioning the concept of DNP - “dacha non-profit partnership” and private household plot - “personal subsidiary plot.

More information on this issue can be obtained in the article “Categories of land in the Russian Federation”.

DNT: what is it?

DNT stands for dacha non-profit partnership. When purchasing a plot of land with this status, you will need to pay membership fees, since each owner becomes a member of the association of owners. All decisions related to the supply of communications, the purchase of equipment and other means/materials for common use are made at general meetings.

In accordance with Federal Law No. 66 “On horticultural, gardening and dacha non-profit associations of citizens”, country houses and outbuildings can be built

for storing equipment. It is allowed to engage in agriculture and personal farming.

Benefits of DNT

The main one is low cost

. The sites can be located both within the city and outside it. As a rule, the lands are fertile and located in ecologically clean areas. The owner of the site can erect buildings at his own discretion.

Disadvantages of DNT

These include the following:

• remoteness from main social facilities;
• difficulty in connecting communications (it will not be possible to connect them without a general meeting);
• the need to constantly pay membership fees and attend board meetings.

But if we look in more detail, such shortcomings will not become an obstacle to the acquisition of a small suburban plot in an environmentally favorable area.

Advantages of plots for individual housing construction

The main advantages of plots for individual construction lie in the specific design of the housing built on them. This issue was partially touched upon above, but it is worth clarifying some points.

• Purchasing land for building a house is accompanied by significant costs for the construction of the structure. If, due to a lack of funds, you have to turn to the bank for a loan, the financial institution will provide a large loan secured by a plot of land for individual housing construction.
• Since the plots of this category are located within populated areas, connecting to utilities, primarily to water and electricity supply systems, is not particularly difficult.
• Reducing fiscal fees. Knowing how much the land costs, you can calculate the amount of tax deduction provided for by law. The state will return 13% of the transaction amount to the buyer of the plot for individual housing construction. In this case, the amount of costs for acquiring a plot of land is not more than 2 million rubles. That is, a maximum of 260,000 rubles is returned.
• Independence. This is ensured by the isolation of a site located in a populated area for individual housing construction. And this is, perhaps, the most significant difference between plots for construction and those intended for gardening or a holiday village. By purchasing plots of the last two categories, a citizen becomes a member of partnerships/partnerships. That is, he is forced to: pay fees - entrance and target;
• sign a service agreement with a specific company;
• conclude an agreement for the use of utilities, and so on.

The owner of the plot for individual housing construction does not have to do this.

Allotments in the DNP and areas for private household plots also have some peculiarities. The acquisition of private household plot land has certain advantages over having ownership rights to land use plots of other categories.

Details are contained in the article “Land for private household plots and individual housing construction: what is the difference.”

Advantages and disadvantages of plots for residential construction

The advantages of plots for individual housing construction are determined, first of all, by their location on the territory of a populated area. Among the advantages we can list that:

• authorities are obliged to maintain roads in good condition, monitor the infrastructure of the land: public transport stops, shops, hospitals, schools should be located nearby;
• on plots of this category, the construction of outbuildings and the arrangement of a vegetable garden or garden are allowed;
• owners are given the opportunity to apply for a tax deduction.

But the individual housing construction type of land is by no means an ideal form of ownership. It also has some disadvantages, in particular:

• a plot of this category cannot exceed the area established by law. This norm varies in regions and is determined by the decision of local governments;
• The construction of a residential private house is regulated by a large number of regulations. Therefore, at each stage of construction of a building, a citizen will have to draw up the appropriate package of documents and take into account the requirements of various GOSTs and SNiPs. This will take a lot of time. And the commissioning procedure is extremely bureaucratic.

What is the category and type of land plots and who needs it and why?

There are many categories of land plots and types of their use, but those who are going to buy a plot of land and build a house on it are interested in only a few that are often found on the territory of the Russian Federation.

Almost every one of us knows that near cities, many have been formed - villages, towns, urban-type settlements, gardening partnerships, and so on. So, in order for certain rules to apply in certain territories, the state demarcated the lands of settlements. We dive into the terms and decipher and select what suits us.

Legislative norms for the use of land for individual housing construction

What private housing construction is has already been mentioned above. In addition to the number of storeys, in paragraph 39 of Art. 1 of the Land Code of the Russian Federation stipulates the requirement for the total height of the building - it should not exceed 20 meters.

One of the key characteristics of a house is its indivisibility into independent real estate units.

In addition to rooms, it may contain auxiliary premises intended to satisfy residents’ household and other needs.

In August 2018, the legislation underwent changes regarding the issue of using land for individual housing construction. Then came into force. According to its provisions, the procedure for starting and finishing the construction of an individual housing construction project is of a notification nature.

The developer is not required to obtain permission to carry out work. It is enough just to notify the authorized body.

By the way, this is the fundamental difference between individual housing construction land and SNT land under the new law. To build a residential building on a garden plot, you need to obtain permission from the town planning department of the district government at the location of the plot.

Legal status of land

Individual housing construction is one of the many legal statuses of land that are assigned to it upon the formation of each new plot.

In addition to this type, citizens can also purchase plots:

• DNT/SNT - dacha/garden non-profit partnership;
• DNP - dacha non-profit partnership;
• Private household plot - personal subsidiary plot.

The latter type of land was quite significant in the 90s. However, now it is gradually disappearing. Today, plots of this status can be converted into land for individual housing construction, having received the corresponding privileges. Statuses are assigned to lands in accordance with Russian legislation.

Norms for developing a site for individual housing construction

Recently, there have been no changes in construction standards on sites in this category. So, when building a house in this case, you should be guided by the provisions. In particular, an individual housing construction project must have a total area of ​​no more than 1.5 thousand m2. In addition, when developing a site, you must maintain the established distances from the building:

• to the passage – 3 m,
• to the road – 5 m.

Rules for placing fences also apply. For example, it should be remembered that the distance of the fence from the house must be at least 3 m. Non-residential buildings can be located at a distance of 1 m from the structure enclosing the site.

Everything that can be done on individual housing construction lands is also regulated by SNiPs. In particular, if the plot is located in a hilly area or close to a forest or reservoir, the owner will have to create a fortified foundation or obtain permission to cut down trees.

Planning and zoning

You can start planning at the same time as completing the paperwork. To begin with, you should study the plot you have received in more detail. Go around it and examine the plants with buildings. Think about what is worth keeping and what is better to get rid of, what is missing, whether any plants require pruning of branches - and so on. If you have not yet made acquaintance with your neighbors, then it is time to do so. You can find out from your neighbors where to go in case of various types of incidents. It is also worth studying how garbage is removed, checking the quality of water, and examining the soil.

It is best to hire the services of a specialist to conduct a geodetic survey: he will determine the type of soil and water level, and draw up a relief plan. Based on the results of his work, it will be easier to decide whether something is worth rebuilding in the area.

Although the type of soil can be determined independently, many do not apply for research. The plants on the site will serve as a hint: if there is a lot of horsetail, plantain, and sparrow sorrel on it, the soil is acidic; coltsfoot, bindweed, meadow and creeping clover, fragrant chamomile love slightly acidic and neutral soils; stinging nettle grows on rich and fertile soil.

When planning, it is also worth considering the direction of the winds - determining which places are well protected from them, where the sun's rays most often fall. If the site is completely clear of buildings, you should immediately decide whether you will need a “temporary structure” on it, or whether you will immediately begin building a house.

Next, you can start drawing up a plan. The site must be divided into several mandatory zones: utility, garden, vegetable garden and recreation area. Select them and make a detailed plan with all the buildings that you will need. A landscape design specialist will help you arrange all the objects in the best way and draw up a plan - his services will be especially useful if the site has complex terrain that needs to be taken into account, or there are already many objects on it and you are going to completely reorganize it.

The plan should indicate communication routes, as well as the entrance. Since the entrance is quite wide, and the land allocated for it cannot be used for anything else, it is worth thinking through everything so that it does not go too deep into the yard.

When the plan is drawn up, it is worth working out plans for each zone separately and drawing them. When drawing up a plan, it is worth complying with the established requirements: this is the only way in the future it will be possible to register the house - for this you will need to collect a lot of documents, including compliance with all regulations on the site.

For example, a residential building must be at least 3 meters from the border of the site; light buildings for animals - at least 4 meters, other buildings - at least a meter. The location should be such that the buildings cast a shadow on the neighboring area as little as possible.

Trees and shrubs should also not grow close to the border: for the latter, the minimum distance from the trunk is one meter, for trees of medium height - two, and tall - four. Planting a hedge is allowed, but appropriate plants must be used for it - the main thing is that they do not form new shoots in the neighboring area.

If there is no centralized sewage system, the sanitary zone is required to be located at least 15 meters from residential premises, and the drains should be directed past the garden.

Who and what buildings can build on land for individual housing construction

The main document regulating construction work on plots for individual housing construction is the Town Planning Code of the Russian Federation. Typically, such land plots are used for the construction of a cottage. In this case, the internal structure of the structure must meet the following requirements:

• ceiling height – 2.5 m;
• bedroom size – at least 8 m2;
• living room area – from 12 m2;
• the total area of ​​the bathroom is at least 2.7 m2.

It is allowed to build a garage on the site. Moreover, the SNiP standards regarding the size of this building are advisory in nature. The only things that must be observed are the distance between the garage and the fence, as well as from your own and neighboring houses.

In addition, the category of land for individual housing construction allows the owner to build:

• bathhouse,
• barn,
• canopy,
• built-in/attached veranda,
• gazebo,
• toilet.

If we talk about who can build structures on such a site, then when choosing a counterparty company, you need to make sure that it has permission to build a private house.

Construction with building permit

Urban planning legislation establishes the mandatory obtaining of a construction permit in the following cases:

• House;
• garage as a capital construction project;
• a bathhouse that is being built with a foundation and is an extension to a residential building;
• veranda, if structural elements of the house are affected.

Violation of the town planning code and the construction of an illegal object or structure without the appropriate permit can result in a substantial fine or suspension of activities for a certain period of time for the developer.
For the owner of the building, the case may end with a court order for demolition and subsequent forced liquidation of the property.

Obtaining a building permit is not required if we are talking about the following objects:

• canopy;
• sheds for keeping livestock and poultry;
• temporary garages and gazebos, greenhouses;
• bathhouse as a separately located economic element;
• toilet and cesspool.

How can you get a plot of land for individual housing construction for free?

The following can obtain land for the construction of a private house free of charge:

• citizens who support three or more young children. Parents must be officially married (have a marriage certificate) and have the status of a large family. Single parents can also have many children. The plot is provided once, and its area should not be less than 3 acres. The maximum value of this parameter differs in each region of the Russian Federation. The national average area is 30 acres;

• citizens of other categories in cases provided for by the legislation of the constituent entities of the Russian Federation, for example: holders of the Order of Labor Glory;
• Heroes of the Soviet Union;
• Heroes of Labor of the Russian Federation and so on.

The procedure for obtaining free land in the Land Code of the Russian Federation is described in general terms with reference to regional laws. However, the following stages can be distinguished:

• Submitting an application to the local government body for placement in the queue:
• collection of documents;
• waiting for the site to be provided;
• obtaining land.

To prevent the plot from being confiscated, it is recommended to begin construction in the very first year of registration of its ownership.

Type of permitted use

Construction on lands not intended for this purpose is punishable by fines, as well as orders to demolish illegal buildings.

You can clarify the VRI of a specific plot of land by contacting the Rosreestr authorities:

• Order a cadastral passport for the plot. The VRI line, in accordance with the records in the state real estate cadastre, contains information about how the site can be used.
• Cadastral extract about the plot. The Permitted Use line contains the information you are looking for.

You can request data:

• during a personal visit to the Rosreestr authorities or through the website,
• through the MFC,
• State Services website.

In accordance with the current VRI classifier, individual housing construction is indicated in documents as “low-rise residential development” .

For information on how to find out the VRI of a site, read the thematic material at the link.

An administrative act of a local government establishing the VRI of an individual housing construction site can serve as the basis for the start of housing construction work.

How to purchase an allotment for individual housing construction

Let's figure out how to properly buy land for building a house. Although this procedure usually does not cause difficulties, in order not to waste time and money, you need to do the following in advance:

• make sure that the land is really intended for individual housing construction;
• find out the reasons for the purchase of the plot by the current owner and check the legality of his ownership;
• make sure there are no encumbrances on the land.

The purchase of land plots for individual housing construction itself includes the following stages:

1. Applying to the city administration with an application for the allocation of an allotment.
2. Waiting for a decision to be made. The local authority has 30 days to do this. If there are grounds, refusal is possible.
3. When a positive decision is made, the authorities publish a notice on the Internet and the media about the sale of the land plot at auction.
4. In the absence of other bidders or based on the results of the auction, the administration draws up a contract for the sale and purchase of the allotment.

In order for the transaction to go through without delays, you need to know what documents must be available when purchasing a land plot for individual housing construction. Let's briefly list them:

• a document indicating the purpose of the land;
• passport of a citizen of the Russian Federation;
• title document for the allotment;
• an extract from the Unified State Register of Encumbrances confirming the absence of encumbrances;
• registration certificate with a cadastral number assigned to the plot;
• technical certificate.

Lease of land from the administration for development

To rent a plot for individual housing construction, you need to complete the following steps:

1. Order a copy of the site plan on a scale of 1:500 from the city administration.
2. Select a site without objects under construction.
3. Find out from the local administration whether it is possible to rent this plot of land.
4. Make sure that there are no objects on the site that would impede construction.
5. Submit a development application.

It may take several weeks for the authority to make a decision. If the consideration of the application is positive, an auction is held. A notice about it is published in the media and on the Internet.