Residents of rural outskirts will be interested in the possibility of expanding their homesteads, and city residents will be interested in realizing the dream of the cherished six hundred square meters for growing fresh herbs and vegetables.
When translation is needed
Agricultural sites, depending on the purpose of use, may completely prohibit the construction of permanent structures or allow the construction of temporary buildings and utility rooms intended for the storage and production of agricultural products.
If you intend to legalize a house for living on agricultural land, you must assign the allotment VRI LPH (homestead plot), if for some reason the individual housing construction is not suitable for you.
The planned sale of a land plot or its use as a collateral fund is an economically significant reason for transferring the plot of land to private household plots.
It will not be possible to legally build a bathhouse on agricultural land without transferring the site to private household plots. Such an object cannot be recognized as an agricultural building.
The desire to organize small agricultural production with the help of family members is another reason for transferring land from agricultural use to private household plots.
A pleasant bonus of such a transfer is the absence of the need to pay taxes and fees on income received from the sale of manufactured products. This form of enterprise organization as a peasant farm does not have such an advantage.
The procedure for changing the VRI of a plot to a “LPH” may not be required if you are interested in the possibility of building and registering housing on the land, given the existing permitted use of your plot:
- Dacha farming . Read about the possibilities of construction on dacha land in the article.
- Garden community . Read the article about options for using garden land.
Legal basis
General regulation of issues related to the transfer of a site from one type of permitted use to another, as well as changes in existing categories, is the responsibility of the Land Code of the Russian Federation. It is this normative act that provides for the possibility of changing not only the previously established type of permitted land use, but also a possible change in the previously established category of the site.
Before changing the operational capabilities of a site from individual housing construction to private plots, it is necessary to determine whether the membership in the previously established category will change or not. If membership in a previously established category changes, it is necessary to use the provisions of the Federal Law “On Changing the Category of a Land Plot...”, which contains detailed regulation of the entire procedure aimed at implementing such a change. Within the framework of this federal law, not only the procedure for the necessary actions to carry out the change has been worked out, but also contains a basic list of documents that may be useful for processing the translation.
If the land plots are in the same category and belong to the lands of settlements, then changes will occur within the framework of the existing type of permitted use, which is within the competence of the Town Planning Code and the regulations adopted in accordance with it, as well as intraregional regulations for changing the type of permitted use.
Features of assigning VRI personal subsidiary plot
Allotments with permitted use for personal subsidiary plots can be located both on agricultural lands and on settlement lands.
In the first case, these will be field plots, in the second - household plots.
To assign a plot of land the status of a household plot, a change in the category of land will be required.
The authorized bodies will grant the request subject to the following conditions :
- Low quality of the site.
- No illegal buildings on the land.
- Consent of all owners of agricultural real estate.
- The location of the site is near a populated area.
If the land is owned (used) by the participants of the partnership:
- country house,
- garden,
- gardening,
a positive decision of the general meeting will be required to change the category of the general land mass with a subsequent change in the purpose of its use.
When an agricultural plot is assigned field status, permission is granted at the municipal level .
You can clarify the procedure for assigning a VRI “LPH” to an agricultural plot by sending a corresponding request to the settlement administration or the Rosreestr department.
Plots related to agricultural land are subject to a special legal regime. In particular, the use of such sites for development purposes is not permissible.
What should be in the PPT and the land surveying project when transferring a site to horticulture?
The territory planning project (PPT) is drawn up to ensure the normal development of lands related to horticulture. The presence of this project allows you to establish the boundaries of plots, place linear objects, determine the location of streets, passages and other elements. In order to organize targeted activities in the territory that is being transferred to horticulture, the PTT must contain:
- places of red lines;
- designation of roads and passages;
- notes on the location of communication lines;
- places for laying communications;
- provisions on the placement of various objects.
If the planning project is correctly drawn up, land owners will be able to easily cut off a plot of land and legalize the construction of shops and other facilities on the territory of SNT. Thanks to the PPT, it will be possible to increase the power supply capacity, if necessary, or develop a water supply scheme. For these purposes, this project includes the justification and calculation of the facilities required to carry out the target activities.
Based on the PPT, a land surveying project is being developed. It contains the following information:
- list of areas to be formed;
- the area of each plot;
- what lands will become public areas;
- where the boundaries of streets and other roads lie;
- locations of red lines;
- within what limits do easements apply?
The land surveying project makes it possible to establish the boundaries of undeveloped areas, which will subsequently be provided for use by citizens or organizations. The structure of these projects is approved at the legislative level. When preparing them, the requirements of relevant legal acts are taken into account. The lawyers of our company will help you understand the peculiarities of the structure of the PPT and the land surveying project.
How does the re-registration take place?
The decision to change the category of land is made at the regional government level. The authorized body to receive applications from the population and legal entities to change the category and VRI of land is the municipal administration.
The following documents must be attached to the application :
- Applicant's passport.
- Documents confirming ownership of the plot. If the land is not properly registered, then before the procedure for changing the VRI (category) begins, it will be necessary to measure the plot, register it in the cadastral register and register the rights to it.
- Extract from the Unified State Register of Real Estate.
- Written justification for the reason for changing the category of land.
When a land tenant submits an application, confirmation of the owner’s consent is required.
Read more about changing the category of land in the article.
The assignment of VRI “LPH” within one category of land
is carried out according to a simplified procedure .
Here you can do without an environmental assessment of the land and other time-consuming procedures.
The application with a package of supporting documents is submitted to a commission created under the administration of the settlement, where it is considered within thirty days.
Read more about changing the VRI of a site in the feature article.
In cases where there are no plans to erect permanent buildings on the site, then obtaining permission to conduct a subsidiary plot can be neglected.
Possible nuances
A real estate owner who has decided to change the type of property should remember a number of nuances.
If you decide to transfer land from one category to another, you need to remember that you must have permission to build a house. This document is issued by the Department of Architecture and is valid for 10 years. In cases where construction does not begin within three years from the moment the site was registered, local governments have the right to seize the property from the owner and transfer it to other persons.
The applicant must have a passport of the site, which contains all the information about it, as well as its diagram.
If a citizen has transferred the plot to individual housing ownership, then he needs to obtain a postal address where he now has the right to reside.
Thus, translation is a fairly simple procedure. At the same time, carrying out this activity requires significant time and money. It is necessary to transfer property so that the owner of the land does not subsequently have problems with the law, and he is not subject to penalties or his land is not withdrawn from ownership.
If the applicant was denied a change in the type of land ownership, then he has the right to challenge the administration’s decision in the courts.
Cost of the procedure
Changing the status of a land plot is possible in relation to objects registered in the cadastral register. To do this, it is necessary to measure the plot and send the obtained geodetic data about the plot to the Cadastral Chamber for entering information about it into the Land Cadastre.
The cost of this procedure is on average 10 thousand rubles . and depends on the appetites of the cadastral engineer.
An extract from the Unified State Register contains basic information about the property, including rights to it. The minimum cost for a document in electronic form is 300-600 rubles .
When obtaining consent to change the VRI (category) of land, changes will be required to the state cadastre . In the event that the changes are not sent to Rosreestr by the municipality, the cost of the service for citizens will be from 245 to 350 rubles , for legal entities - from 700 to 1000 rubles.
Interaction with official structures can be entrusted to a specialist. The cost of legal support in some situations reaches 50 thousand rubles.
Legal support for the creation of SNT
In addition to changing the type of permitted use of a land plot to create a SNT, our company’s specialists will help you:
- Register a legal entity (SNT/DNP);
- Prepare and approve the PPT;
- Allocate and register public lands;
- Obtain permission to build a road;
- Agree on the allocation of electrical power;
- Conduct initial meetings of SNT members;
Our land legal specialists offer full legal support for the creation of SNT/DNP and representation of the customer’s interests in the administration of the district, region, and Rosreestr.
Reasons for refusal
An exhaustive list of reasons for refusing to satisfy an application is given in the administrative regulations for the provision of municipal (state) services.
Typically this is:
- Incomplete package of required documents.
- Lack of justification for the request.
- Identified errors in documents.
After correcting the errors identified by the commission, you have the right to re-submit your application .
The fatal reason is the conflict of the applicant’s intentions with the existing urban development plan, the initiation of a procedure in relation to particularly valuable lands.
What kind of house can be considered residential?
It is clear that it is possible to live comfortably both in summer and in winter only in a permanent building. Capital means firmly connected to the ground, built on a foundation, and not on some piles, logs, or supports.
A residential building must have reliable supporting structures and a roof. It is necessary to supply such a building with electricity, cold water supply (hot water supply if possible), drainage (sewerage), and install heating and ventilation systems there. In gasified areas, heating is done using gas. If the area is not gasified, then houses are heated either by electricity or by internal heating systems (stoves, fireplaces).
The absence of water supply and central sewerage is allowed in houses with a height of no more than 2 floors (in areas without centralized utility networks).
It is important that the temperature in residential premises is at least plus 18 degrees all year round. The height of rooms and kitchens must be at least 2.5 meters, corridors and attics - at least 2.1 meters. Rooms and kitchens in residential premises should have natural light, in other words, have windows.
