What is the minimum size of a summer cottage plot for division in the Moscow region?

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Published: 11/16/2017

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Individual residential construction has now become very popular, so federal legislation constantly controls this category. Laws and regulations are subject to frequent changes to control the size and number of sites in each region.

• Dimensions of individual housing construction land
• How are sizes regulated in the Moscow region?
• Maximum size
• Minimum size

Land has always been and remains a valuable investment and you want the size of your holdings to be as large as possible.

Minimum dimensions of a land plot to be formed when dividing an existing one

A plot of land owned by one or more owners may be divided into several plots. Carrying out this procedure requires compliance with certain rules established at the legislative level.

. Division most often needs to be made if the plot is inherited by several citizens or spouses need to divide it during a divorce, as jointly acquired property.

The procedure for dividing a land plot is very common. But the owner cannot always divide his plot without hindrance

.
For example, during division the norms for the minimum sizes of newly formed plots will not be met
. Or an obstacle arises from other owners or the administration of a garden or dacha partnership.

In order for the division procedure to go smoothly, it is necessary to know the minimum and maximum standards for plots of land, which are established in each region separately on the basis of regulations of the constituent entities of the Russian Federation. In addition, the newly formed areas must meet all the requirements of the urban planning plan.

Legal requirements

Requirements for plot sizes are specified in the Land Code of the Russian Federation. Maximum permissible maximum and minimum dimensions must be established in accordance with the urban planning plan

. If the required areas are not subject to urban planning regulations, then their sizes are established in accordance with the Land Code.

The boundaries of newly formed areas should not cross the boundary lines of settlements and municipalities.

It will be impossible to create plots if they become an obstacle to the use of real estate located on them. In addition, a plot on which an encumbrance or restriction in use has been imposed cannot be subject to division.

Download the encumbrance statement

The formation of a new site will be denied if its boundaries cross a forestry or forest park zone. Any non-compliance with these standards will result in refusal to divide the land plot.

Sample application for division of land:

According to the new rules, what can be the area of ​​a personal garden plot?

According to the new rules, the area of ​​general purpose land can be from 20 to 25% of the territory of the entire partnership. Previously, the common area strictly accounted for 25% of the entire SNT.

According to the document, a fence 1.5-2 meters high should be installed along the border of the SNT territory. The width of the carriageway of the streets must be at least 5.5 meters (two lanes of 2.75 m each), and the pedestrian part - 1 meter (must be at least in one direction).

The new set of rules applies to newly created associations. The layout and development of existing partnerships may not comply with the document.

According to the chairman of the Union of Gardeners of Russia, deputy of the State Duma of the Russian Federation Oleg Valenchuk , if the area of ​​land plots does not meet the established maximum standards, they are not registered in the Unified State Register of Real Estate. As a result, it will be difficult for owners to register buildings on such sites. If the buildings are erected in violation of the norms, then the decision to demolish them can only be made through the court. But for this there must be good reasons, which are not formal inconsistencies with the set of rules, Rossiyskaya Gazeta quotes him as saying.

You can increase your original plot by no more than ten percent of the area, information about which regarding this land plot is contained in the state real estate cadastre.

Federal Law No. 93, called the “dacha amnesty,” represents the right of citizens who have land plots and buildings and/or structures located on them to register their ownership free of charge and without unnecessary paperwork.

How the procedure works

The decision to divide one land plot into several independent ones must be made jointly and voluntarily by the owners. To confirm this voluntary decision, agreements are drawn up

. If the plot has only one owner, the decision will be made by him alone.

During the division procedure, land surveying must be carried out. It is done only in the personal presence of all owners and interested neighbors.

The formation of new areas can be initiated by:

• owners who plan to donate their share;
• citizens, if they wish to sell part of the plot;
• heirs, children and other relatives;
• owners who have shares in a single plot.

In all these cases, in order to be able to fully dispose of your share, it is necessary to make a division. After its successful completion, the owner can dispose of the land in full.

If the plot is jointly owned, it must first be divided into shares. To do this, you need to contact a lawyer to draw up an agreement.

.
The agreement must specify the size of the plots and the percentage of shares
. This is the main condition for drawing up a document.

statement of claim for division of land

If the plot is uneven, there is a pond or a ravine with a cliff, then the owner who gets such a part is given additional footage. If such a provision exists, it must be stated in the agreement as an additional clause. This must be stated in order to avoid attempts by other owners to violate the terms of the agreement and claim the allocated additional footage

. The signed agreement must be notarized. After this, land rights must be registered.

If only one owner wants to allocate his share, the others are required to provide consent. The allocation of shares will be carried out in a standard manner

.
After the allocation, they must be registered with Rosreestr
. After registration, the remaining owners must sign a notarized consent to allocate one share.

Article 11.4. Division of land

If the allocation of an allotment is made from a dacha cooperative, then consent must be submitted on the basis of a general meeting. The decision is made by voting, based on the results of which a protocol is issued. Based on this, the chairman issues the consent of the members.

Article 39. Determination of shares when dividing the common property of spouses

In order to begin the division procedure, the owner must contact the geodetic company in person or write a power of attorney to a third party who will represent his interests.

Article 258. Division of property of a peasant (farm) enterprise

Required documents

To allocate part of a plot of land into an independent plot, you need to collect a package of documents:

• The applicant must make a written application that describes the characteristics of the site and states the basis for the division. A sample application can be obtained from Rosreestr.
• Document on land surveying. An important point is the fact that each new site must meet minimum standards
  . In addition, access to each share must be provided and boundaries must be clearly defined.
• Passports of all interested parties.
• An agreement confirming the right to use the land plot. This could be a gift, a will, a purchase or sale.
• A written agreement on the division of the plot, signed by all owners.

contract for the sale and purchase of a house and land

Download the certificate of right to inheritance under a will

Download the land donation agreement

Article 252. Division of property in shared ownership and allocation of a share from it

An application for the division is written to the cadastral engineer, who accepts the object for work.

The text of the application must include the following information:

• characteristics of the site;
• location, name of the locality;
• cadastral number;
• special purpose;
• presence of buildings on the site.

Owners can refuse their share, in which case they receive financial compensation, and their share is divided among the other owners.

Sample contract for land surveying:

Features of land division

The decision to divide a plot often occurs when entering into an inheritance. Each person indicated in the will wants to withdraw his part in kind from the total area, and then dispose of it at his own discretion.

The best option in this situation would be an agreement between the owners of the site. If disputes arise, a statement of claim is drawn up, and the shares in the division are determined in court.

One owner

You are the legal owner of a plot of land with a full package of necessary documents. A situation has arisen when you need to divide a plot of land in order to sell part of it. How to do it? Remember, when dividing a plot, first of all, it is necessary to carry out land surveying .

This procedure is carried out by cadastral engineers. During the event, a certain part of the land is allocated in kind and a plan is drawn up for both resulting plots.

With the received documents, you must contact the local cadastral registration office. Here you inform in writing that the old plot is being deregistered and register both newly formed properties in your name. As a result, each plot will be assigned a cadastral number, and you will be given a passport. Then you register ownership.

As you can see, there is nothing complicated about this, however, there are some nuances. For example, the minimum size of a land plot is precisely specified in the civil code. It is possible to make changes to this bill by local authorities, but the essence is the same: if one of the territories is less than the established norm, you will be refused registration of property rights.

The minimum size for dividing land varies depending on the intended use of the territory. For example:

• the minimum size of land for farming is 2 hectares;
• construction of a country house and cultivation of horticultural farming is allowed on an area of ​​0.06 hectares;
• To plant a vegetable garden, the minimum plot size must be at least 0.04 hectares.

Please note that these standards are relevant for Moscow and the region. Other regions may have their own minimum land plot size.

In addition, the total area of ​​the created plots should not exceed the actual size of the old landholding. When dividing a plot between owners, each plot must correspond to one category.

Multiple owners

If you are not the sole owner of the land, then the decision to divide the land plot is made by all co-owners. In this case, it is better to accept an agreement on the allocation of shares before the start of land surveying. The technical side of the issue remains unchanged: land surveying, allocation of a share in kind and registration of the territory for cadastral registration.

The differences begin when property rights are obtained. There may be two options here: you will still be co-owners, just not of one, but of two plots, or everyone will receive their share as personal property. Having decided on the right of ownership, you need to fill out the appropriate application form when submitting documents.

As you can see, when the land is divided between the owners, land ownership ceases its legal existence. Instead, two independent sections are formed. But there are exceptions to this rule. They affect gardening partnerships. In this case, even after dividing the common plot between summer residents, the common boundaries of the territory are preserved and all documentation remains valid.

What is the minimum size of a land plot during division?

Only those plots that total two minimum plots can be divided. During the procedure, each owner must have a plot of land with an area of ​​at least the minimum.

These standards are determined in accordance with the provisions of Federal Law No. 136-FZ of October 25, 2001. The government has approved a certain standard, which is recognized as sanitary; an area less than this standard cannot be recognized as a separate area. The norms are established by the subjects depending on the specifics of the region, their approval is carried out by regulations of the municipal government.

Most often, the minimum size of a land plot during division is six acres. But there are regions in which it is determined by an area of ​​four hundred square meters. In practice, if a plot owned by two owners is only 7 acres, then local authorities prevent such division

. Owners are offered to register the land for an indefinite lease.

If citizens were able to register such a plot as their property and buy it from state ownership, they will not be able to divide it. This is due to the fact that a land plot below the established norm does not have legal capacity

. In such a situation, it will be difficult to donate this plot or formalize the sale and purchase.

The only option in this case would be to sell it to neighbors through a merger of plots. Each region has the right to determine the minimum size of a land plot that can be allocated to a citizen during division.

In the Moscow region, norms are calculated as follows:

The resolution determines not only the minimum, but also the maximum sizes of plots. For a farm plot, the maximum size of plots provided can be no more than 40 hectares, for dacha construction - 25 acres.

Form of boundary plan:

Price issue

The division of a land plot is a rather labor-intensive procedure that requires knowledge of laws and legal acts. It is quite natural that the owners make the decision on division on their own, but turn to specialists to prepare the documents.

Professionals supervise all stages of land division between owners, from land surveying to drawing up a statement of claim in court. The price for such work varies between 10,000-25,000 rubles.

Please note that if the plot is divided into three or more shares, the amount of the fee will increase proportionally. In addition, you will have to pay transport costs separately.

But by entrusting the work to a specialized company, you can be sure that all documents will be completed properly. Accordingly, the division of the land plot will take place as soon as possible.

The maximum minimum and maximum sizes of land plots are established by regional or local regulations for two cases. The first is for urban planning purposes, the second is for demarcating or providing citizens with state/municipal plots. Let's consider both situations using the example of the Moscow region and the city of Moscow (the latter, having annexed New Moscow, extended its laws to part of the actual suburban Moscow region).

Maximum minimum and maximum sizes for urban planning in the Moscow region

The Town Planning Code of the Russian Federation obliges local authorities to approve town planning regulations for urban and rural settlements. These documents establish the order in which land can be developed within the boundaries of a settlement: from the zoning of the entire settlement to the architectural appearance of a building appropriate for a particular street.

Including urban planning regulations of the settlement

• establishes, where necessary, maximum minimum and maximum sizes of building plots,
• indicates in which territories there are no minimum and maximum plot sizes.

Given the volume and variety of urban planning regulations, it is hardly possible to make a consolidated analysis for the federal subjects of interest. Therefore, let's look at the question using examples.

In Moscow, the issue of maximum sizes of building plots has been resolved at the regional level: clause 3.4.1. The Land Use and Development Rules of the City of Moscow, approved by Decree of the Moscow Government of March 28, 2021 No. 120-PP, indicates that in none of the territorial zones of the city are minimum and maximum sizes of land plots established.

The situation is different in the Moscow region. Thus, the Land Use and Development Rules adopted in the city of Roshal (approved by the Council of Deputies of the Roshal City District of the Moscow Region dated January 23, 2017 No. 1/28) introduce minimum plot sizes for

• mid-rise buildings - apartment buildings within 8 floors (minimum plot size - 5000 sq.m., maximum - 500,000 sq.m.);
• low-rise multi-apartment development - housing within 4 floors (minimum plot size 2500 sq. m, maximum - 100,000 sq. m);
• individual residential development - houses for 1 family no higher than 3 above-ground floors (minimum plot size - 300 sq. m, maximum - 3000 sq. m).

Today, land use and development rules have been adopted in many settlements in the region, and all of them contain detailed instructions regarding the minimum and maximum sizes of building plots.

How to determine which plot can be obtained or allocated for construction in a settlement

Town planning regulations have a very complex structure, so we will explain how to find a rule on the minimum or maximum size of a building plot for a specific territory. For this you need

1. find the full text of local land use and development rules with maps (must be posted on the official website of the settlement or urban district, in accordance with the requirement of Part 2 of Article 32 of the Civil Code of the Russian Federation);
2. On the zoning map of the settlement territory, find, at least approximately, the area of ​​interest and find out which zone it belongs to;
3. in the land use rules, identify the requirements for the development of the territorial zone of interest - including whether the construction of the desired object is permissible in it and whether the minimum and maximum size of the land plot is established for such an object.

Please note that it is also necessary to check the compliance of the future building according to the project with such requirements of urban planning regulations as

• distance to other real estate objects, red lines and borders of neighboring plots,
• maximum number of storeys for a given object in a specific zone,
• maximum percentage of development of the selected territory

Maximum minimum and maximum sizes of plots provided to citizens

Here we will consider exclusively the maximum minimum and maximum sizes of state or municipal plots provided to citizens for ownership or lease.

In the Moscow region, there is a law dated June 17, 2003 No. 63/2003-OZ “On the maximum size of land plots provided to citizens for ownership on the territory of the Moscow Region,” which provides for the following

of the Russian Federation, for running personal subsidiary plots and individual housing construction - by regulatory legal acts of local government bodies. 2. The maximum sizes of land plots provided to citizens for free ownership for the purposes provided for by the rules of paragraph 1 of this article are established by: federal laws - from lands in federal ownership; laws of the constituent entities of the Russian Federation - from lands owned by constituent entities of the Russian Federation; regulatory legal acts of local governments - from lands owned by municipalities. 2.1.

Going to court

It is not always possible to resolve division issues with the remaining owners peacefully. There are often situations when the owners of shares do not give the opportunity to divide the plot or the chairman of the gardening partnership does not give permission to do so.

.
In this case, the owner who wants to separate his plot can go to court
. If the decision is positive, he will be able, based on the court decision, to carry out land surveying and divide his share.

The application must be submitted to the district court at the location of the site. If we are talking about a garden cooperative, then the place of filing the application will be the court in the area where the legal address of the partnership is located. The plaintiff must draw up a statement in which he indicates the reasons and grounds for the need for division.

The application must be accompanied by all documents for the plot and the owners’ refusal to participate in the division. The essence of the claim should be based on the protection of the citizen’s property rights. The owner has the right to divide his plot into an amount that does not violate the area standards.

Dividing a land plot into several independent objects is a complex process. The situation becomes especially complicated if citizens have to go to court

. To ensure that the case is resolved as positively as possible in favor of the plaintiff and that his rights are not violated during division, it is best to entrust the handling of the case to experienced lawyers.

What documents will be required

When dividing a plot between owners, you will need to collect the following documents:

• a written statement indicating the characteristics of the land plot and providing the grounds for division. A sample form can be viewed at the territorial office of Rosreestr or by following the link:

• certificate of the survey carried out. Please note that each resulting area must meet a minimum area. In addition, each territory must have free access and have clear boundaries;
• documents identifying the applicant and confirming ownership. If there are several owners, the passports of all persons affected by the division will be required;
• agreements on the basis of which you have the right to dispose of land. This includes deeds of gift, deeds of sale, wills;
• written agreement on the size of shares.

Minimum size of land plot for division in the Moscow region - what, how and why

02 July 2021

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After reading the article, you will understand: what is the minimum size of a land plot when dividing in the Moscow region, what features are provided for in land legislation for determining limit values, when there is no need to comply with these requirements of urban planning regulations, and what the consequences of non-compliance with standards are in mandatory cases. Knowledge of these positions, as well as studying the key nuances of the Land Code of the Russian Federation, will allow you to avoid possible difficulties in the process of registering a land plot with municipal and state authorities.

The division of plots is not taken out of thin air, and it doesn’t hurt to know the nuances of this distribution

What are site limits?

This concept means one thing - the area of ​​​​the plot obtained as a result of purchase or lease from the municipality for the accomplishment of assigned tasks, or by division or separation from common property, which cannot be less or more specific values ​​​​defined by legal acts as standards in a given area for given conditions.

Limit values ​​are inextricably linked with the indicators of permitted construction:

• permissible number of floors or maximum height of structures;

• the minimum distance from the boundaries of the allotment to clarify the possible locations of objects, beyond which the placement of structures and buildings contradicts urban planning standards;

• the maximum percentage of development on a land plot in the form of the ratio of the total area of ​​the land plot on which objects can be located to the total area of ​​the land plot.

Important!

If the size of the plot does not correspond to the established values, then performing any legally significant actions with it is unacceptable.

The non-compliance of the site with the established parameters does not allow any significant legal actions to be taken in relation to it

When is it appropriate to use limit values?

The minimum plot size
and permissible maximum apply in the following situations:

• allocation of allotments from state and municipal lands;

• resolution of controversial issues related to the division of plots;

• resolution of controversial issues related to the redistribution of plots;
• provision of municipal or state authorities to legal entities or individuals of plots for rent or full ownership;

• converting an unused land share into a separate plot;

• allocation of land plots from agricultural land as a share in the right of joint ownership, taking into account the possibility of separate functioning of the allocated part.

In other cases determined by land legislation and primarily related to the allocation of a plot of land from common property.

Most often, the size of the land plot is determined in each case separately

On our website you can get acquainted with the most popular plots in the Moscow region for the construction of a country house. In the filters you can set the desired direction, the presence of gas, water, electricity and other communications.

How are minimum and maximum sizes set?

Land legislation has undergone numerous changes since the approval of the provisions of the Land Code of the Russian Federation. In accordance with currently valid regulatory positions, the maximum sizes of land plots are approved by urban planning regulations

.
The features of documents of this nature are as follows:

• their development is carried out taking into account the rules for the use of plots and urban developments with mandatory certification by the representative department of the local administration. The content of the GR contains references to other municipal regulations, which also spell out the specifics of determining the minimum and maximum values ​​for sites;

• according to the stipulated standards, land is allocated for various types of construction work, which implies the assignment of unique indicators for each individual category;
• in accordance with the peculiarities of zoning of the region’s territory, the authorities of the subject approve their own parameters. For example, the minimum area of ​​a plot for individual housing construction in the Moscow region will differ from a similar characteristic, which is determined within the Arkhangelsk region

  .

Video in detail on how to figure out the size of a land plot:

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To be more specific, the dimensions will be set if certain conditions are met:

• the land is owned by the state - the values ​​are approved by federal regulations;
• the site is the property of a specific region - the maximum values ​​are specified by the legislative documents of the constituent entity of the Russian Federation;

• rights to the allotment are assigned to municipal authorities - the amount is established according to the content of local regulations.

Regardless of the ownership of the site, to obtain up-to-date information, you must contact the land administration department.

Limitations on the area of ​​plots in the Leningrad region

For private household plots

The exact numerical value of the minimum area of ​​a plot for individual housing construction is not defined in legislative acts. These sizes are determined by the local administration for each municipality separately.

Please note! At the regional level, a minimum plot size for the construction of residential buildings is established. The factors listed above are taken into account.

The table shows the values ​​of the minimum plot sizes for the constituent entities of the Russian Federation

Who has the right to receive a plot of land for free?

What do the values ​​for plots for individual housing construction depend on?

The norms for adjacent boundaries are established taking into account:

• requirements for the exploitation of land resources;

• provisions of SNiPs;
• rules for territory development.

On a note!

To ensure that the planned residential property does not contradict safety standards and does not pose a threat or discomfort to persons located in the neighborhood, its construction must be carried out strictly in compliance with the restrictions regarding the distance from the boundary of the plot to the neighboring residential property: 8, 12, 15 meters - depends on the building materials used.

When constructing buildings on a site, you must adhere to certain standards when placing them next to each other on your site and in relation to the buildings of your neighbor

That is, additionally,
the maximum and minimum sizes of land plots depend on the following items:

• the number of plots located in close proximity to each other;

• site location area;
• indicators of economic development of the settlement to which the land is assigned, as well as the region in which the NP is located;

• demand for real estate in the area.

The average size of plots for construction on the territory of the Russian Federation is equal to 300 square meters. However, in some regions the size may be 2 or 3 times larger

.

For example, the minimum area of ​​a land plot for individual housing construction in the Moscow region is 800 square meters, which is considered quite reasonable, since the plots in this region are located close, the demand is high, and the area where the plots are located is strictly limited.

With the right approach, you can live quite comfortably on 8 acres

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In the article at the following link, read about how to sell a house you bought for maternity capital.

Restrictions for land for private household plots

When obtaining land for private household plots, the following conditions are taken into account:

• individual residential buildings must have no more than three floors and an area of ​​up to 1500 m2;
• on 12 acres it is allowed to build only one residential building;
• the distance of the object from neighboring buildings must be at least 3 m, for outbuildings - from 1 m;
• the distance between objects is determined taking into account the building material.

Which lands are not subject to the limits?

Minimum and maximum sizes are not determined in relation to plots that are formed in the process of their withdrawal for the needs of the state or municipality in order to place specific objects on the received land in the absence of other available options:

• structures and networks of energy systems of both federal and regional significance;

• objects of the federal and regional level: transport, communications, communications, computer science;
• objects of the state or entity that are necessary to ensure optimal activity of subjects of natural monopolies;

• structures and networks of water, heat, gas and electricity supply to municipal entities;

• roads for vehicles of any level.

Subsequently, after the seizure, the land is transferred to another category and specific urban planning regulations are determined.

The site may lie on the route of a new highway, then it is subject to seizure and transfer to another category

If the area of ​​the site does not meet established standards

In a situation where the minimum size of a land plot for individual housing construction in the Moscow region does not meet the approved requirements of urban planning regulations, this fact can be used as a basis for refusing to satisfy the application for state registration.

In order for the changes made in the area of ​​the site to be taken into account, it is necessary to pay attention to the real values ​​​​and the amount of its excess over that indicated in the documentation before carrying out the work. Important: the actual size should not be more than the maximum and less than the permissible minimum, which were approved during the formation or acquisition of the plot with the current type of permitted operation

.

What should be the minimum size of individual housing construction additionally in the video:

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Division of land in 2021 - rules and instructions

1. Let's live.com≫
2. Earth≫
3. Separation

Category updated: March 17, 2021

Author of the article Alexander Devyatkin Land lawyer. Experience working with land plots since 2021

.

Hello. The division of land plots is regulated by Article 11.4

. Land Code of the Russian Federation. I highly recommend reading this short article to have at least a small idea about this procedure.

If you need free legal advice, you can write to a lawyer online at the bottom right or at the end of the article at any time.

How to apply correctly in 2021

First, study the requirements for the site before dividing it.

I published 2 instructions because... a lot depends on the number of owners

.
The instructions are suitable for different types of plots - individual housing construction, private household plots, SNT, etc., but only without buildings
. If there is any building on the site, the division of such a site occurs a little differently.

Option No. 1 - when the site is owned by several owners

How to divide a plot if it is owned by several owners - the instructions are suitable for both common shared ownership and joint ownership. The design was laid out in 4 stages.

Option No. 2 - when there is one owner

How to divide a plot if it is owned by one owner. In this case, it is easier to divide the area; the instructions on the link are only 3 steps.

Possible nuances

We told you how to divide a plot of land, but there are special cases that cause difficulties. For example, the division of land according to the above scheme is relevant only for empty territories. In practice, the site is rarely empty. Owners build houses and outbuildings. How to decide on division in this case, especially if an agreement between the co-owners has not been reached?

The court must make a decision in this situation. The owners file a statement of claim (a sample can be viewed by following the link) demanding the division of the territory and other property.