Peasant farm land - what you need to know for suburban construction

The agricultural sector plays a big role in the state's development strategy.
Therefore, much attention is paid to it in the Russian Federation. If a person decides to engage in agricultural activities, he must receive a plot of land for a peasant farm. Applicants are subject to special requirements. At the legislative level, the possibilities of using land and liability for violation of norms are prescribed.

The concept of peasant farm land

Territories that are intended for agricultural activities and located outside the boundaries of administrative points are approved and described in the Land Code in Art. 77-81.

Thus, the options for activities that are legal in territories of this type of land are indicated:

• Agricultural production;
• Storage and processing of agricultural raw materials;
• Research work and scientific activities in the field of agriculture.

Legislative framework on plot sizes

When determining specific plots for a peasant farm (peasant farm), personal subsidiary plot (LPH), KFK or agricultural production, it is imperative to take into account the maximum possible legal size. This determination is made by representatives of the local administration or the current government of the constituent entity of the Russian Federation. If the size of the plot is too large, the owner will be denied entry into the cadastral list. Such a system makes it possible to prevent the accumulation of land plots under one owner or from small fragmentation of the territory.

Federal normative act “On Peasant Farming” No. 74 dated June 11, 2003 presupposes the possible size of land plots. To carry out targeted activities.

Table: Possible dimensions of plots.

Like the minimum values, the maximum parameters of peasant farms and agricultural land are regulated by the legislation of the subject of the Russian Federation.

Important! Territories with boundaries that were previously determined, have a cadastral number and have received an owner are not subject to comparison with the current parameters.

Contents of the law on peasant farms

The normative act consists of 23 points, divided into 9 parts. The first chapter sets out the general rules and regulations.

The concept of peasant farming includes not only production resources, but also transportation and storage options for products.

It is not enough to simply grow agricultural products Source bvi-en.ru

A peasant farm can be created either by an individual or a group of persons. A legal entity (organization) may not be created necessarily. This issue is regulated by the Civil Code in Art. 86.1. Here is a brief description of the first paragraphs of this act:

1. Individuals conducting collective activities in the agricultural sector, on the basis of Article 23 of 74-FZ, can create a legal entity to organize labor work.
2. Transactions with the property of such a legal entity are regulated on the basis of property rights.
3. An interested party can be a member of only one such business organization.
4. Members of peasant farms as a legal entity bear subsidized liability. This means that the creditor can collect the debt from another person, a member of the peasant farm. If it is not possible to pay, the plot will be sold at auction to a person who meets all the requirements for the intended use of a particular plot.

Who is eligible?

First of all, it is necessary to figure out who actually has the right to receive a lease for a farm. Registered legal entities have the right to participate as a farm or peasant.

In addition, citizens who only intend to create their own farm and have not yet even become legal entities have the right to participate.

In addition, it is important to note the fact that only those persons who have submitted an application to participate in the auction, that is, in the auction held by the administration, have the right to take part in the struggle for a land plot as a lease.

Also, these individuals not only have to submit an application, but also have to pay an entry fee of a clearly specified amount. Such a contribution allows you to participate in the bidding procedure and will make you a possible contender for victory.

Read more about who can exercise the right to receive such a plot and under what conditions in our article.

Properties of peasant farms approved by law

An organization of citizens should be formed on the voluntary desire of the parties

All individuals are responsible for each other before government agencies.

It is expected that each member of the organization will take part in the activities of the business enterprise.

Teamwork Source planeta-2014.ru

If a peasant farm is formed without creating a legal entity, legal regulation is carried out at the expense of the Civil Code and regulation No. 74-FZ. Thus, government officials need to support such entities, including resolving financial issues.

List of documents

In order to participate in the auction, you will need a passport or statutory documents, and in the case of a legal entity, a receipt for payment of the state fee in the form of an entry fee, as well as an application for participation.

If we are talking about registering a lease if you found a plot of land on your own, or in the case of an auction, then you will need all the documents that indicate that you have opened a farming enterprise, namely, statutory documents, tax certificates inspection, Ministry of Agriculture and so on.

Do not forget about the license to permit such activities.

Peasant farm registration process

All residents of the state have the right to create a peasant farm on the territory of the Russian Federation:

• Civilians;
• Stateless persons, foreigners.

According to the law, the organizer of a peasant farm can add no more than 3 of his relatives who have reached the age of 16 to its composition. At the same time, the formation may consist of up to 5 people who are not related to the head of the enterprise. The following parameters must also be observed:

1. Parties involved must attach copies of identification documents and proof of family ties, if any, to the papers.
2. The main document of the agreement does not limit the signatories in changing the forms of farm activity. It is possible to update documents based on new tasks.
3. It is required in the initial sample agreement to stipulate in advance the possibility of changing the document.
4. All parties to the agreement must sign an approved document regulating the operation of the farm.

The activities of peasant farms are subject to the charter Source zhazhda.biz
Peasant farms must be registered with state authorities, regardless of whether a legal entity or an individual submits papers. This procedure is not strictly regulated.

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

Who can get a plot of land

The law allows the provision of land for KFK (peasant farm enterprise):

• individuals who have reached the age of majority;
• partnerships, cooperatives and societies for economic purposes;
• municipal enterprises;
• state unitary enterprises;
• religious and commercial organizations;
• communities with scientific, research, educational, experimental and production purposes;
• Cossack minorities;
• educational institutions with an agricultural profile;
• small nationalities to preserve their original culture and way of life.

Farming is an activity that can be carried out either by one person or by a group of people who are related to each other (see How to open a peasant farm from scratch?). The founder of a farming business must be an able-bodied adult citizen. This same person is the chairman of the KFC. His responsibilities will include reporting to authorities, concluding transactions, business agreements and other legal actions.

You can become a member of the KFK from the age of 14. But these cannot be people working on this farm under contract. The group of people involved in agricultural production should include the chairman’s immediate relatives (spouse, parents, children, grandchildren, grandparents, cousins, nephews, stepparents, stepchildren). In order for a new member of the farm to enter, appropriate changes must be made to the Charter (it indicates the name and location of the farm, the purpose of the activity, the composition of management members, the rules for entering and leaving the enterprise, a seal and stamp).

State support program “Beginner Farmer” in 2017-2018 Interesting facts! If one of the spouses privatized the plot for himself, then the second can do the same in his own name, however, the property will be regarded as common property.

Distinctive qualities of peasant farms and private household plots

Chapter 3 establishes the property of members of peasant farms, which fundamentally distinguishes this point from the rest. Property rights in such organizations are the basis for relationships, as shown by 3 decades of existence of such forms of organizations. Law No. 201-FZ provides a complete list of forms of property for peasant farms.

The list of possible material benefits includes:

1. Land territories
2. Properties in the square
3. Buildings for irrigation system, other production facilities
4. Cattle and poultry
5. Household products
6. Transport technology
7. Tools for ensuring the work of peasant farms
8. Manufactured products
9. Cash received through peasant farms.

Peasant farms are characterized by the following features:

• An agreement between members stipulates the order of ownership;
• Activities must be carried out in common interests;
• The guarantor of transactions is property;
• The head of the farm must establish transactions in the area of ​​​​interest of all owners.
• A person who refuses to participate in a farm has the right only to monetary compensation, without the option of allocating a separate plot.

Practical advice

1. In order to provide additional security for yourself and other members of the peasant farm, it is worth purchasing a plot of land rather than leasing it.
2. If you have decent capital, then you should start a business with livestock farming, and specifically pig farming. If the captain is not tall, then you should start with vegetable growing, which will subsequently bring quite a bit of income.
3. It will be useful to attract hired labor, since it is not always possible to cope with a huge amount of work on your own, and given the level of unemployment in the country, finding workers will not be difficult.
4. It is necessary to carry out full sales of products: enter into agreements with companies, stores, markets and wholesale buyers. Business will develop better if there is a constant profit.

Legal characteristics of peasant farm lands

The regulatory act of the Russian Federation dated June 11, 2003 No. 74-FZ states that a peasant farm is an association of persons to ensure economic activity. Thus, peasant farming is an option for entrepreneurship on an economic basis.

The regime of peasant farm plots in the field of legal regulation has specific conditions due to a number of features. Among the main regulations that regulate the provision and acquisition of land are the Land Code of the Russian Federation, the Civil Code (Civil Code) of the Russian Federation and No. 101-FZ dated July 24, 2002.

Based on the form of work of the subject, the legal status of the land plot may change slightly.

Legal forms of agribusiness Source bizness.pp.ua

In addition to the privatization of land after the collapse of the USSR, it is also possible to transfer land for organizing farming activities, including free of charge, at the expense of the municipal land balance. Such actions are regulated by Art. 33 of the Land Code of the Russian Federation.

It is necessary to highlight the concept of shared ownership - the transfer of part of the territory from common ownership to the private real estate of a participant in shared ownership. After such a transaction, the participant in whose favor the transfer was made loses his rights to the common property.

Based on the Federal Law on the State Cadastre, such a plot must be registered in the federal cadastral register. The Federal Law “On the turnover of agricultural land” has simplified the process, provided that there are more than 5 people in shared private ownership.

The owner of shared ownership, based on Article 252 of the Civil Code of the Russian Federation, can voice in writing his intention to allocate a share or shares, or use the allocated media.

In Art. 20 of the Land Code of the Russian Federation specifies the procedure for the process of privatization of certain territories in favor of creating farm production. On the right of unlimited use and on the terms of lifelong ownership.

Procedure for obtaining a plot

There are two ways to acquire land for a peasant farm: lease or buy. The first one is more popular, because at the beginning of a business journey it is difficult to immediately take and shell out a fairly large amount.

What is necessary to acquire the right to engage in agricultural work in the selected area?

Submit an application to your local administration

In the application, indicate: location of the plot, type of registration - purchase or lease (and for how long), for what purpose the land is needed and why in this size, whether there is a registered peasant farm or individual entrepreneur status. Document processing time is 14 working days.

The minimum and maximum size of the land plot is determined by local authorities - this is stated

The following documents are submitted with the application:

• passport, TIN;
• an extract from the Unified State Register of Individual Entrepreneurs (if the applicant is an individual entrepreneur) or an agreement on the creation of a peasant farm (if any);
• justification of the requested area - business plan, calculation of agricultural production capacity, etc.;
• technical documentation for the object - cadastral passport, site plan;
• confirmation of the applicant’s right to receive land without bidding (if any).

2. Participate in auctions

After receiving the application, the district administration announces an auction at which everyone can compete for the right to rent or buy this land. The announcement of the event is submitted to the local press so that everyone interested knows about it. If there is only one participant - the submitter of the application, then he purchases the object at the minimum price.

According to the applicant, the applicant can purchase a plot without bidding if:

• is the owner of buildings or structures on this land plot;
• leases this land for at least three years, has no violations in use and managed to submit an application before the end of the lease term.

Construction on agricultural lands

Based on the form of use of the area, the construction of certain structures and structures is permitted. Today in land law there are several different types:

• The peasant farm is a peasant farm:
• SNT - horticultural enterprise. This also includes areas for the construction of summer cottages;
• Subsidiary farm.

Currently, construction is planned:

• Dachas of a personal building on the territory for agricultural work.
• Facilities for storing various resources;
• Cottages for living all year round. Possible only on the territory of a household plot or farming areas.

Buildings on peasant farm lands Source stargate-rasa.info
Before purchasing land, you must familiarize yourself in detail with the documents for the land plot. The papers contain a mandatory list of types of work that are permitted in a specific territory.

Types of permitted activities for peasant farms:

• Arable land;
• Haymaking;
• For the purposes of personal gardening with or without the possibility of construction;
• For plant growing, gardening;
• Agricultural production;
• For grazing, pastures.

When purchasing a plot, you should carefully read the documentation, pay attention to the category and permitted types of activities. Some real estate agencies claim that changing the category can be done very easily and quickly. But most often the procedure is either very lengthy or not feasible at all.

In addition, a representative of local authorities is responsible for the cadastral registration estimate. There are a number of reasons why you may be refused. The practice of refusals in such cases is very common.

Drawing up an application

It is very important to correctly draw up an application for a request for the provision of land plots for peasant farms. Please remember that this application must be drawn up on A4 sheet, and in printed font.

In the application, you provide information about yourself as a legal entity that intends to become the owner of a farm in a separate territory.

In addition, your direct contacts must be indicated. Another important information that should be located in this document is the possible presence of other owners of the farm, which should be indicated.

Next, you must outline how you intend to use the particular site taken, and also describe on what basis you are claiming it.

After you have stated in your application all your requirements regarding the provision of a plot of land for rent, you can indicate additional reasons that can work in your favor or vice versa. After this, you can attach any documents to the application, and then put a date and signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Buildings on the territory of peasant farms

If a citizen decides to build a country house, one of the simplest and most profitable options would be to purchase a plot of territory for summer cottage construction or gardening activities.

Marked plot for summer cottage construction Source baavar.mn

For such a case, there is no need for permission from the authorities. In addition, during registration under the “dacha amnesty” this permission is not required.

In the case of peasant farms, land of this type is distributed in large plots - from 3 hectares. However, in order to erect a structure, the land owner will need to justify the need to create a particular structure. The only justification for building a cottage will be the organization of a livestock farm, which requires daily presence on the territory.

It is worth noting that a livestock farm does not have to be of impressive size. 20 heads of poultry and some rabbits are enough. Legislative acts do not contain precise characteristics of such undertakings.

Before starting construction work on the KFK site, it is necessary to obtain consent from representatives of the local administration. For this purpose, it is necessary to provide certificates confirming the right of private ownership, papers on classifying the land as a peasant farm and the desired design of the building.

Today, legislation has become more lenient on the issue of registration in the area of ​​farm settlements and gardening friendly organizations. However, as a rule, even court proceedings do not end with a positive decision. This is due to the lack of clear criteria for assessing premises and the possibility of registration only in a judicial form.

What land can be provided

Land areas issued to peasant farms have agricultural purposes. They should be located outside the rural settlement and include various objects on which there are forests, fields, reservoirs, buildings and structures, roads, and various communications.

Particularly valuable agricultural areas are under state protection. These include territories whose cadastre value is 10% higher than the municipal average, and artificially irrigated or drained plots.

The presented plot is considered indivisible, therefore its owners have shares in it without dividing them into parts. It will be possible to divide it only if the farm ceases to operate.

The presented lands may be used for the purposes for which they are presented. Their possible uses include the following varieties:

• Planting flowers;
• Breeding poultry and fish;
• Gardening and vegetable growing;
• Viticulture;
• Beekeeping;
• Hunting grounds;
• To organize fisheries;
• Haymaking and grazing of livestock;
• Creation of protective forest plantings.

The applicant can determine the required size of the transferred plot.

Deprivation of ownership rights to peasant farms

Issues of alienation are approved in the legislation of the Russian Federation. The plot is withdrawn from ownership in the following cases:

• Territory cluttering:
• Soil poisoning:
• Destruction of fertile soil:
• Damage to the soil.

To legally deprive a site, an official examination is necessary.

A positive result may occur if there are chemical or toxic waste on the site.

Also, representatives of government bodies may refer to the lack of use of land for its intended purpose. This situation can be resolved by planting several fruit trees or shrubs.

Peasant farm land must be used for its intended purpose Source bizcapital.ru

Which territories are suitable for peasant farms?

The area is close to transport infrastructure and various electricity transmission lines. This saves money.

• Availability of communications will reduce the time before the enterprise starts operating. This also allows you to maintain the proper level of sanitary standards.
• Territories with a sufficiently large area
• Sites with a nearby settlement.

The nearby administrative center will allow you to quickly transport the necessary resources. It is also easy to find hired workers and regulate all issues with the administration of the locality.

Briefly about the main thing

Thus, peasant farms are a universal option for immovable land property to meet rural and economic needs. To build on such a territory, a number of documents and permits are required. However, many concepts are not properly regulated by law.

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Reasons for demolishing buildings

In some cases, a building constructed on the territory of a peasant farm may be demolished. This is provided for:

• causing damage to nearby buildings and neighbors;
• placing the structure near a highway or infrastructure;
• building a house within a protected natural area.

The decision to demolish a building is made in court. The owner must fulfill it. He will not be compensated for his expenses and expenses. In other cases, it is impossible to oblige demolition.