Land in populated areas for personal farming

The lands of the Russian Federation are divided according to the VRI classifier (types of permitted use).
In large cities, individual housing construction (IHC) is mainly used for private construction.

With this type of use, you can build residential buildings and utility rooms , and grow garden and vegetable crops on the site.

In rural areas, as well as in urban settlements, for private construction, private subsidiary plots (LPH) are mainly provided for. In addition to the above, you can engage in cattle breeding and raising .

General concept

Each plot in the Russian Federation is assigned a certain category of land and the types of use permitted by law are indicated.

On a piece of land, citizens can work in accordance with the available view. To do this, this type of permitted use must be provided for this site. It can fall into one of two categories:

settlement lands;
agricultural land.

In the first case, such a plot is called a personal plot, in the second – a field plot.

According to statistics, in 2012, private farms produced more than 50% of the country’s total agricultural production. The total area of such sites at that time was 42 million hectares.

A private plot can be used not only for farming, but also for generating income. To do this, the following conditions must be met:

No hired labor should be used on the site;
Income can only be obtained by selling surpluses obtained as a result of economic activities, but cannot be the result of entrepreneurship.

Exemption from taxation is thus recorded in paragraph 13 of Article 217 of the Tax Code of the Russian Federation.

A residential building or outbuildings can be built on this site.

The site may contain a house, outbuildings, a small garden and a vegetable garden.

In most cases, a plot of private household plots belongs to municipal authorities, but it can be sold to citizens, leased out for a long term, or provided for indefinite use by citizens.

When the property has a private plot of private plots, this is what it means for its owner: such land is allowed to be used (based on Article 4 of the “Law on Personal Subsidiary Farming”, No. 112-FZ of July 7, 2003) for the production of agricultural products and for the construction of a residential building or auxiliary structures.

What does registration of private household plots give?

The law states that state support is one of the components of running private household plots.

Help includes:

organizing infrastructure and facilitating the creation of cooperatives that will help in the maintenance, processing and marketing of products;
creating conditions for development (we are talking about interest-free loans and equipment rental);
carrying out various activities to improve the meat qualities of animals;
organization of animal insemination;
free inspection of livestock by veterinarians.

But regardless of whether the state decides to support the activity, small landowners initially feel the advantages of running such a business.

Advantage 1. Possibility of selling products

Owners have the right to freely sell surplus vegetables, fruits, meat, etc. The only condition is that only family members can be involved in growing and caring for plants and animals.

Private household plots as a business idea for beginners - a detailed article to delve deeper into the topic.

Advantage 2. No taxes!

Private household plots are not registered with the tax authorities, that is, they are exempt from reporting. Accounting is carried out by local authorities, entering information into the household ledger provided exclusively by the owner. The only mandatory tax is on land.

Advantage 3. Opportunity to take part in the state support program

Subsistence farming is subject to state support, prescribed in the legislative framework for agricultural producers. For such assistance, money is allocated from the budgets of the Russian Federation at different levels.

Government agencies also develop and implement programs to simplify the management of private household plots.

How to get a loan for private household plots or a grant for agricultural development - read in special articles.

Advantage 4. Protection from unexpected visits from sanitary services

In Art. 4 clause 2 of Law No. 112-FZ states that land provided by the state must be used in compliance with sanitary and hygienic standards. At the same time, there is no law regulating the right to organize inspections by sanitary services.

Taxation

When selling surpluses obtained from activities on such a site, income tax is not provided. However, to do this, you must complete the necessary documents and comply with the following conditions:

absence of hired labor at any stage of work;
that the area of the plot does not exceed the legal limit.

To receive the benefit, you must register your personal subsidiary plot with the local administration and obtain a supporting certificate. This document provides basic information about a personal plot and provides a list of permitted activities. We can talk not only about what was grown on the land for personal farming, but also about the result of processing the resulting product.

The sale of surplus agricultural products is not taxed, but you need to collect the relevant certificates

See also: Popular plots in the Moscow region for building a country house.

What products can be produced and what taxes do private household plots pay?

You can grow everything related to agriculture, plus it deals with the complete processing of grown products to the final consumer.

Example:

– pig – carcass – cutting (sale of semi-finished meat products) – processing (dumplings, cutlets)
– growing garlic – selling fresh garlic – processing (pickled garlic)

The subsidiary farm does not pay any taxes or fees. True, at their own request, citizens can pay their own pension contribution, but this is only at their request. And so no more taxes and fees.

What area should such a plot have?

For personal subsidiary plots, only a plot of land whose area does not exceed the established limit can be provided.

The minimum and maximum amount of area that can be provided is established by the municipal authorities. These figures depend on the availability of such lands and their demand.

However, federal law sets the upper limit of the area provided at 0.5 hectares. At the same time, a reservation is made that the regional authorities have the right to increase this value. However, the maximum that cannot be violated in any way is 2.5 hectares.

Requirements for the allocated territory

Lands that, according to legislative norms, are provided to citizens of the Russian Federation for organizing their farms, must belong to lands of agricultural significance.

The maximum size of plots allocated to the population is fifty acres , but these areas of land plots, under certain conditions, can be increased at the legislative level to 2.5 hectares.

The characteristics of the regions allow local administrations to regulate the market for land provided to citizens, which completely depends on the terrain, the density of population of these areas, as well as the availability of free plots suitable for cultivation and living.

Have you ever wanted to live near a warm sea? Do you dream of a piece of land in Crimea, but don’t have the money to buy a plot? There is an exit!

Find out about the possibility of obtaining plots for private household plots on the peninsula!

Home construction

It is possible to build a residential building on a plot for personal farming. To do this, you need to complete paperwork.

You must have title documents for the land. They may vary depending on the specific situation:

purchase and sale agreement, if the plot was purchased;
if it was received as a gift, then the document of title is the deed of gift;
the land could be inherited - in this case it will be necessary to rely on a will.

When constructing a house, a building permit must be issued.

You can build a house without a building permit, but this may cause problems in the future

It is important to consider that the final confirmation of ownership of real estate is the presence of a corresponding entry in the Unified Register of Property Rights. A mandatory requirement when entering data into it is the execution of cadastral documents.

In order for a house to be officially inhabited, a cadastral passport must be issued for it.

The final document in this case is the commissioning certificate. It can only be signed if the house is built taking into account all the necessary requirements and standards.

If a house was erected without a building permit, then in accordance with Article 9.5 of the Code of Administrative Offences, a fine in the amount of 2 to 5 thousand rubles is imposed.

How to get a land plot?

The provision of land plots for private household plots is carried out by local governments, which is regulated by legislative acts. The plot can be rented for a period specified in the contract , received for free, or purchased. Let's consider all the possibilities in order.

For rent

If it is not possible to buy a plot of land or get it for free, then you can rent it. Let's figure out how to arrange it correctly.

We write an application to the local administration of the relevant locality.

In the document we indicate:
- Personal data of the tenant (full name, passport details.
- For what purposes is the land needed?
  You need to be careful and make sure that it always says “for personal farming” (LPH). Be careful not to mistakenly indicate another type (gardening, construction or peasant farming), because otherwise, the intended use of the land will change, and registration of a peasant farm entails registration of business activity.
Approximate area.

Also in the application, the potential tenant indicates all the lands owned by him. And encloses with it a copy of the passport and a certificate from the place of registration.

In case of a positive result, a preliminary decision of the administration will be issued, indicating the category of land, type of intended use (maintenance of private household plots) and the approximate size of the plot.
Important! Rural residents living in this locality have a significant advantage.
State registration. How to register in case of rental:
If everything is in order with this, then we order a cadastral passport for it. The future tenant is dealing with this issue. In the case where a cadastral number is not provided to a land plot, its registration must be handled directly by the citizen applying for the lease of this plot.
We establish the boundaries of the allocated land. To do this, you should contact an organization engaged in land surveying and invite a cadastral specialist who will mark the boundaries and draw up the necessary documents. The approximate cost of this procedure is from 5,000 to 10,000 rubles.
Next, we apply these documents to the Unified State Register of Real Estate to obtain a cadastral passport. You must take with you: personal passport; preliminary decision of the local administration on the allocation of land for private household plots for rental use; plan showing the boundaries of the site.
We transfer the cadastral passport to local authorities and conclude a lease agreement. The contract must show:
Subject of the agreement (size of plot, location, category and type of land use - private farming).
Rent amount and regular payment schedule.
For what period is this agreement concluded?
Rights and obligations of the parties The agreement is drawn up in paper form in two copies and requires the signature of the parties. You can draw up this document yourself, or you can use the services of a lawyer.
We put the contract on state records. To do this, we include a number of documents in the Unified State Register:
- tenant's personal passport;
lease contract;
a receipt for payment of state duty in the amount of 2000 rubles.

Citizens who already have land plots can rent a plot of land in order to increase the territory.

For free

The state provides for the possibility of citizens receiving land allotment free of charge. This procedure is presented in Art. 39.5 and Article 39.19 of the Land Code of the Russian Federation, and Federal Law No. 178 of July 17, 1999 “On State Social Assistance” regulates the right to benefits for citizens in need. According to this law, two categories of beneficiaries are distinguished .

Federal:

war veterans;
Heroes of the Russian Federation, USSR, etc.;
disabled people;
children with disabilities;
citizens who were directly related to the Chernobyl nuclear power plant;
families of deceased veterans;
heroes of socialist labor;
prisoners of fascist concentration camps;
military personnel related to the Great Patriotic War.

Regional:

imperfection of an orphan;
large families;
educational workers;
medical industry specialists;
honorary donors;
children without parental care;
labor veterans.

Important! Depending on the region, additional categories may be added to this list.

Families that meet a number of conditions can also receive a plot of land:

the marriage must be officially registered;
if the spouses do not have their own housing and land plots;
registration and residence must be in the region in which the application for allotment of the site is submitted;
families with an urgent need to improve their living conditions;
spouses have a permanent place of work or are registered at the employment center.

Depending on the region, requirements for candidates may vary.

How to register a leased land plot as property?

Most often, territories for personal subsidiary plots are leased, and many are interested in further registration of these plots as property. For such an opportunity to take place, the most important rule that must be followed is the use of land for its intended purpose .

The legislation provides for two options for transferring ownership of a plot of private plots:

ransom;
receive free of charge.

To implement the second option, the contract must indicate that the land is transferred into ownership upon completion of the contract, or that regular rental payments are equal to payments for the purchase of the territory.

To register ownership of municipal land, you need to provide the local government with:

owner's passport;
lease contract;
a copy of the cadastral passport;
extract from the cadastral plan;
application for transfer of allocated land into ownership;
a copy of the receipt for payment of the state duty (the amount and details should be clarified with local authorities).

Review of the application takes up to 30 days from the date of submission. If the decision is negative, it can be appealed in court.

Redemption instructions

The redemption procedure is carried out in several stages:

Cadastral passport.
Availability of ownership rights to capital buildings with foundations. This moment creates significant preferential conditions. Sometimes just the laid foundation and the status of unfinished construction is enough.
Application to local government authorities for the purchase of the territory on which the residential building is located. This benefit will help you avoid the auction.
Concluding a purchase and sale agreement with the local municipality and paying a fee for the property, which is 3% of the cadastral value of the plot.

Bargaining

The first thing you need to start creating a personal subsidiary plot is the acquisition of ownership of a plot of land on which there are no buildings. To do this, you will have to participate in the auction for a fee. The auction is organized by the property management committee, and anyone can take part in it. The starting cost of the plot in such cases is determined by its cadastral value.

Order of conduct

Bidding can be closed or open. More often they choose open ones. A month before the start of the auction, an advertisement for the sale of the land plot is posted on official sources. An application for participation can be submitted no later than 5 days before the event.

Important! No later than 15 days before the scheduled date, the organizers may cancel the auction.

To take part you must:

Submit an application. The form is provided on the official website of the auction organizer.
Provide a complete package of required documents. The list is provided in the bidding information.
Make a deposit. As a rule, 10% of the cadastral value. You must provide a payment document.
Right. Have the right to acquire real estate ownership.
Also, an individual entrepreneur or legal entity must be listed in the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities. It is required to provide an extract from the relevant register.

Non-residents of the Russian Federation and companies in which more than half of the capital does not belong to Russian entities are not eligible to participate in the auction. During the auction process, a lot is called. The initial price and the step to increase the price are announced. If the same amount is called three times, then the buyer becomes the one who announced it.

Then the compiled protocol is signed by the organizer and the winner. And the contract is completed within five days. The rest of the participants will receive their deposits back within 3 days.

How to get it without bidding?

You can obtain ownership of a plot of land either as a beneficiary, or lease it and build a permanent structure on it - this will simplify the procedure for transferring the plot (what can be built on a plot of private household plots?).

Construction permit

In order to build a private residential building on private household plot land, a building permit is one of the main documents. To complete it you will need to complete the following steps:

Receipt of an urban planning plan for a land plot (GPZU), the issuance period of which is 30 days.
Providing a development plan (Scheme of planning organization of a land plot - SPOZU).
Then the documents are submitted to the State Construction Supervision Authority or the relevant municipal service.

The issue is reviewed within ten days, and if the decision is positive, a construction permit is issued.

When applying, you must submit an application and title documents for the land plot together with the GPZU and SPOZU.

The validity period of the obtained permit is usually 10 years. When the owner changes, it remains valid, since it is issued to the land plot, and not to its owner.

When selling a plot, the building permit remains valid, since it is given not to the owner, but to the plot itself

The procedure for providing plots

The provision of plots for organizing subsidiary farming requires citizens to contact the legislative authorities, where the procedure for reviewing applications, checking and preparing documents will take a lot of time for recipients of land plots.

Step-by-step instructions will help you decide on the procedure for obtaining:

Part of the time in starting any land transaction is spent on preparing documents, which must be provided in advance, taking into account all the above information.
Copies of the passport, various certificates and confirmations must always be in several copies and provided along with the originals.
For different categories of persons there is a special list of documents provided for obtaining a land plot. The main ones include:
- passport;
children's birth certificates;
certificate of family composition;
a certificate received from the building management regarding the meters of living space;
extract from the house register;
a certificate from Rosreestr confirming the absence of land plots;
documents providing various benefits.
When the documents are prepared, they can be attached to an application signed by the citizen, which is drawn up in the name of the head of the administration in the region where the land is expected to be allocated.
The application is drawn up in the form of a request for the allocation of territory indicating its intended purpose.
The application is signed and left at the reception until it is reviewed.
After a 30-day waiting period for a decision, the citizen is informed about the positive or negative outcome of his case. In any case, the interested person receives a written decision to provide the site or a written reasoned refusal.
The next stage involves establishing the boundaries of the land plot (land surveying), which is carried out by local authorities on a certain day established by the administration, after which a resolution is issued on its implementation.
A new step is to contact the cadastral department, which provides for the registration of the land plot, the issuance of a passport for the land, as well as diagrams and drawings of the site.
The duration of such a procedure is limited to a one-month waiting period and 6-7 thousand rubles, which will need to be paid for the production of documents.
The documents received from the cadastral authorities return the procedure to the local executive authority, where a document is issued for a freely provided land plot or an agreement stipulated by law is concluded with conditions depending on the category of citizens who applied.
The agreement contains main sections, which include various subclauses. The main articles of the concluded agreement for the provision of land plots for private household plots are:
- date and place of signing;
name of the rental object;
property;
insurance;
period of validity of the contract;
rights and obligations of the parties;
purpose of the allotment;
Terms of Use;
significant restrictions on land use;
conditions and terms of transfer of land for use;
liability of the parties;
force majeure;
final provisions;
address details of the parties with signatures.
Documents received within the executive branch are registered by Rosreestr.

We do not recommend completing the documents yourself.
Save time - contact our lawyers by phone: 8 (800) 350-29-87 Moscow

Attention! The resolution provided by the administration must contain information about the exact location of the allotment, as well as the parameters of the allocated land area.

Now let's talk about in what cases the allocation of territory may be refused.

Subsidies

Supporting citizens' private farms is one of the priorities of state policy. Subsidies can be provided to support citizens:

When purchasing gasoline or other fuels and lubricants;
breeding of cattle breeds;
when purchasing equipment;
for the purpose of purchasing certain veterinary drugs;
for insemination of cattle;
when you need to buy fertilizers.

In order to apply for assistance, you need to prepare a package of documents. It includes:

Application from a person applying for assistance.
Documents that confirm actual expenses incurred.
An extract from the household ledger provided by the administration.
List of available cattle.
Documents for existing transport.
Certificates of completed work.

The exact composition of the package of documents depends on the type of subsidy you expect to receive.

If certain documents are available, the owner of a private plot can receive a subsidy from the state

What documents will be needed

Registration of land for private plots requires going through several stages, which are described above, and each step requires its own package of documents.

We provide a list of all the papers that may be useful in various government agencies during the registration of the allotment:

Passport.
Application for registration (issued at the mayor's office).
Information (schemes, plans) about plots that are already owned.
Passport for allotment.
A document indicating the cadastral number of the land plot.
Act of the executive committee on the assignment of an allotment to a citizen.
An extract from the household register stating that the private household plot is registered with the local administration.

Where to obtain documents is described in step-by-step instructions.

If you need a detailed business plan for private household plots, read the special publication on our portal.

Is it possible to withdraw

The private plot is usually in use for a period determined on the basis of title documents. However, the legislation provides for situations when it can be forcibly withdrawn:

Article 284 of the Civil Code allows for seizure in cases where there has been misuse of land for a period of at least three years.
Article 285 as a basis indicates a strong deterioration in the quality of the site or the environmental situation.
If several plots have been obtained with a total area that exceeds the established maximum, then part of the land may be withdrawn.
In some cases, the lands of settlements for personal farming may be taken away for state needs.

When a seizure is carried out, you can challenge this action in court.

Misuse of land is a reason to be left without a plot

What is personal subsidiary farming?

Private household plots are one of the forms of conducting non-entrepreneurial activities for cultivating land to obtain products for personal consumption. According to the law (Federal Law No. 112 of July 7, 2003), private household plots are classified as non-profit activities if members of the same family are employed in it.

Attention! You can open a private plot on agricultural land by renting or purchasing a plot of land. From this moment on, you can safely engage in gardening, cattle breeding, etc. Private household plots are not subject to registration.

The permissible size of a land plot for running a personal subsidiary plot (maximum and minimum area) for this type of activity is determined by the standards of the administration of the village or district.

By virtue of Law No. 119-FZ dated 01.05.2016 (with amendments and additions that entered into force on 01.01.2017) “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation", the above-mentioned limits on the size of plots for private household plots do not apply in cases of provision of plots in the territories:

Republic of Sakha (Yakutia).
Kamchatka region.
Primorsky Krai.
Khabarovsk Territory.
Amur region.
Magadan region.
Sakhalin region.
Jewish Autonomous Region.
Chukotka Autonomous Okrug.

The activities of private household plots have a number of features , including:

free from requirements for individual entrepreneurs;
does not require reporting;
at the output of private household plots, products are obtained to satisfy their own needs and, if desired, the surplus can be put up for sale.

To receive land as a private plot, you must submit an application to the administration, indicating your personal passport details and information about the plot (area, grounds for ownership). After approval, it will be possible to obtain a site diagram from the design organization.

The transfer of ownership begins with a resolution of the head of the district administration . Then the cadastral chamber assigns a number to the plot and draws up a plan. Based on these and documents already in hand, the executive committee confirms ownership. Its registration takes place at the regional registration chamber.

After this, the owner has every right to engage in activities:

Grow crops.
Maintain an apiary.
Install greenhouses of any size.
Raise animals and poultry.

The difference between private plots and individual housing construction

When a citizen receives a plot intended for individual residential construction, the legal requirements for it are very similar to those that apply to a private plot. Therefore, it is useful to know the difference between them:

On the individual housing construction plot, you can engage in crop production, but not livestock farming. On a personal plot, you can engage in both types of work.
The land tax in the first case is higher.
The construction of residential real estate on a private plot is permitted, but is not the responsibility of the owner. At the individual housing construction site, this is a responsibility. If during the first three years of ownership the construction of the house has not begun, then this is an inappropriate use.
For owners of individual housing construction, municipal authorities are obliged to equip communications: roads, electricity and others. Owners of private household plots may be faced with the need to pay for them at their own expense.

When land is used for personal farming, what can be built does not depend on the choice, provided that the private plot is located within the city limits. The choice of the appropriate type of permitted use is based on the goals the owner sets for himself.

Veterinary, sanitary and other standards for content

Birds

Veterinary rules for keeping poultry were approved by order of the Ministry of Agriculture of the Russian Federation dated April 3, 2006 No. 103.

Different types of poultry should be housed in different areas of the building . Walking areas for different types of birds should be individual. Made from materials that can withstand cleaning and disinfection. Floors must be durable, durable and made from materials that are resistant to constant drainage and disinfectants. Ventilation must be provided to create an optimal microclimate in the premises for birds.

Veterinary and sanitary procedures:

The premises must be washed regularly, and equipment (feeders, perches, drinking bowls) must be disinfected.
The bedding material in the premises should consist of sawdust, wood shavings, etc. The use of frozen, moldy, or damp bedding material is prohibited. It is usually laid on a layer of lime - fluff 10-15 cm thick.
Windows and doors are equipped with frames with mesh to prevent wild birds from entering the premises.
It is recommended to work with poultry in clean overalls and shoes.

Pigs

Veterinary rules for keeping pigs were approved by order of the Ministry of Agriculture of the Russian Federation dated March 29, 2021 No. 114.

It is necessary to provide the area with a fence to prevent other animals from entering. With a livestock of 5 heads, the minimum distance from the corner of the pig-breeding premises to the border of the neighboring plot should be at least 10 meters, with 15 heads - at least 40. For a certain type of pig, it is necessary to provide a certain area m2.
Disinsection, decontamination and deratization of pig-breeding premises are carried out at least once a year.
Feed must be heat treated for at least 30 minutes after boiling.
Drinking water must be used as food for animals.
Pigs kept on farms are subject to diagnostic tests, vaccinations and treatments against infectious diseases in accordance with the Epizootic Action Plan.

Cattle

The rules for keeping cattle are regulated by order of the Ministry of Agriculture of the Russian Federation dated December 13, 2021 No. 551.

The food must meet veterinary requirements. The stock of feed should be kept in the amount required for each head for 30 days in advance. Milk – for 1 day. Powdered milk - for at least 15 days.
Hay, straw, silage, etc. – for 1 stall period.
For drinking, you must use clean drinking water.
Pastures must be located at least 2.5 km away. from a watering hole.
Cattle must be housed in sections or stalls. The sections must be arranged in such a way as to ensure unhindered exit from them. Different types of cattle need to be kept in different rooms (of the same or different buildings).