How can owners transfer a plot of individual housing construction to private plots in 2021?

Article updated: October 8, 2021
Devyatkin Alexander Land lawyer. Experience working with land plots since 2005.

Hello. I have published instructions on transferring a plot of land from individual housing construction to private household plots. The process itself is called changing the type of permitted use (AUR). The instructions are the same for any site in any locality. But I only consulted those areas that are privately owned. The instructions are not suitable for leased/owned/used areas, because the translation is formatted differently.

(click on the pictures to enlarge them)

To change the VRI of a land plot with individual housing construction in private household plots, you need to submit an application to the MFC or the Federal Registration Service for amendments to the Unified State Register of Real Estate. If private household plots are listed as one of the conditionally permitted types of use, before submitting the application, you must also obtain permission to change the VRI from the local administration.

Not every plot of individual housing construction can be transferred to private household plots - what are the requirements?
Stage No. 1 - Find out the territorial zone of the site and permitted uses
Stage No. 2 - We receive an extract from the ISOGD
Stage No. 3 - Deciding what to do next
Situation No. 1: If private household plot is indicated as the main type of use
Situation No. 2: If private household plot is indicated as a conditionally permitted type of use

Stage No. 4 - We change individual housing construction to private household plots in the cadastre

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, 7 days a week) Moscow and the region; St. Petersburg and region; 8 (800) 350-24-83 — all regions of the Russian Federation.

Not every plot of individual housing construction can be transferred to private household plots - what are the requirements?

Basic requirements and conditions that must be met before transfer:

The territorial zone of the site must include private plots as the main or conditionally permitted type of use .
This can be found out using the ZZZ and the City/Town Zoning Map. You will learn all this in the first stage of the instructions.
The plot must be registered in the cadastral register - clause 7 of Art. 1 of the Federal Law of July 13, 2015 No. 218-FZ.
There are detailed instructions with pictures on how to check whether a land plot is in the cadastral register.
Briefly: if the title documents for the plot (in the certificate or extract from the Unified State Register/Unified State Register) have a cadastral number, then it is registered. If there is no cadastral number, the documents also contain a conditional number or address of the site. Enter the conditional number or address on this page - “RosReestr - Reference information on real estate objects online.” If the information could not be found, then the plot is not registered in the cadastral register. In this situation, the plot should be registered in the cadastral register. This can be done simultaneously with the transfer of individual housing construction to private household plots, but not in all cases. This is a big topic for a separate article. I'll write it later and paste the link here.

Other articles
About the transfer of land: from private plots to individual housing construction; From individual housing construction to “commercial real estate”; dacha/garden plot in individual housing construction

In the cadastral registration of a plot, its boundaries must be defined. — pp. 3 and 9 paragraph 4 art. 8 of the Federal Law of July 13, 2015 No. 218-FZ.
The website also published separate instructions on how to find out whether the boundaries of a land plot have been defined.
In short, find the plot on the public cadastral map of Rosreestr. To avoid searching, you can click the “magnifying glass” button on the left and enter the cadastral number of the plot. If a plot has boundaries, it will be highlighted in yellow on the cadastral map. If the boundaries are not specified, “Nothing found” or “No boundary coordinates” will be written. In this case, you first need to establish the boundaries of the site and only then deal with the transfer from individual housing construction to private household plots.
Examples of plots
With clear boundaries
Borders are not defined
It is necessary to take into account the minimum permitted area of the site when transferring - clauses 1 and 2 of Art. 11.9 Land Code of the Russian Federation.
Local authorities set their own minimum lot size depending on its type of permitted use, so the minimum area varies in populated areas.
For example, in the village of Leskolovo, Leningrad Region, a plot of individual housing construction must be at least 6 acres, and private household plots must be at least 10. Therefore, in this village it will not be possible to transfer a plot of individual housing construction with an area of 9 acres to private household plots, because such a plot must be at least 10 acres.
I discussed how to find out the minimum allowed area in the first stage (it is below). The minimum area is specified in the PZZ.
If the site is owned by several owners, they must all agree to the transfer . Because they need to submit a general application for transfer - paragraphs. 4 p. 2 tbsp. 15 Federal Law dated July 13, 2015 No. 218-FZ.
If the site is located in the Moscow region, you will have to pay to change the VRI To the Ministry of Property Relations of the Moscow Region - Resolution of the Government of the Moscow Region dated December 31, 2013 N 1190/57. In other regions, there is no fee for transferring VRI.
The amount is calculated depending on what the cadastral value of the site was before the transfer and what it will be after. The formulas are as follows: 1) If the cadastral value has increased, then 10% * (KS2 - KS1). 2) If decreased - 10% * KS2. 3) If it has not changed - 10% * KS2.
KS1 - cadastral value of the plot BEFORE transfer, KS2 - AFTER transfer to private household plots. Most often, when changing individual housing construction to private plots, the cadastral value does not change, so the rate will be 10% of it.
To calculate everything, you need to look at the cadastral value of neighboring private plots. Then calculate the cost of one hundred square meters and compare. This information on neighboring areas can be viewed on the public cadastral map or on the Rosreestr website - instructions with pictures.
For example, we have an individual housing construction plot of 8 acres with a cadastral value of 3 million rubles. It turns out 375 thousand rubles. per hundred. Next to it there is a private plot of 10 acres with a cadastral value of 3.75 million rubles, i.e. for a hundred square meters the same 375 thousand rubles. This means that when the plot is transferred to private household plots, its cadastral value will remain the same. The owner will have to pay 10% * 3 million rubles. = 300 thousand rubles.
Read also: Mortgage agreement and its essential terms
How does payment work? After the change of VRI, the owner will receive a payment notification from the local administration by mail within a year. You need to pay at the bank and provide them with a receipt/check. If you don't pay, they'll take it to court.

Other articles
How to register a land plot as a property - I analyzed the registration of most types of plots How to clarify the boundaries of a land plot on the ground

Refusal to change status: possible grounds

A correctly completed application and a fully completed package of documents do not guarantee that local authorities will make a positive decision. The applicant may expect a refusal. It will be legal and justified if:

during the environmental assessment a negative decision was made;
land management documents do not correspond to the intended purpose that the owner of the site wants to achieve;
In accordance with the current legislation of the Russian Federation, it is impossible to change the status of a specific object.

When making a decision to change the status of agricultural land, officials are guided by a special rule. Transfer to individual housing construction will be impossible provided that the cadastral value of the plot is 50% higher than the regional average. The owner of land containing arable land, pastures and meadows, and perennial orchards will also receive a refusal. Such categories of land are considered especially valuable.

Stage No. 2 - We receive an extract from the ISOGD

To prove that the area of the site includes private plots as the main or conditionally permitted type of use, you need to obtain an official document about this - an extract/certificate from the information system for supporting urban planning activities (ISOGD). This certificate will be required in any case.

The extract must be obtained from the local administration in the architecture department. If the site is in a village, we go to the local administration. If within the city, then to the Department/Urban Planning Committee. In some cities, a certificate from the ISOGD can be obtained from the MFC (“My Documents”). I took the instructions from here.

One of the owners of the site or an authorized representative needs to contact the local administration and write an application to provide information from ISOGD. The application form is different everywhere; a sample will be provided by an administration employee.
You need to have with you a passport and a paper extract from the Unified State Register for the site, which should indicate the coordinates of the site. How to order an extract from the Unified State Register of Real Estate for a land plot.
The employee will take the application with the extract and issue a receipt/inventory of their receipt.
After The applicant will be sent an email with details for paying the state fee. The state duty will be 1000 rubles - pp. clause 24 of Government Decree No. 279 dated March 13, 2020. You can pay at any bank. The commission is approximately 50 rubles.
They may be required to pay a state fee before submitting the application. Each administration works differently. And along with the application, you must attach a check/receipt for payment.
The deadline for obtaining a certificate varies everywhere. If the plot is located in a village, it must be given within 30 days - clause 2 of Art. 12 of the Federal Law of May 2, 2006 No. 59-FZ. In practice, about 2 weeks. If the site is within the city, the deadline is set by the local administration. For example, in Moscow - 5 working days, in St. Petersburg - 14 working days.
You can pick up the certificate on the appointed day . The applicant needs to show a passport and a previously issued receipt/inventory.

Process Time Frame

The time frame for this procedure is very vague. The most precise thing that can be said regarding time is that the consideration of the application and the decision of the authorized body should not take longer than two months - such a period is regulated by law. But at the same time, collecting the necessary package of documents, conducting all the necessary examinations, filling out an application, a petition may take an indefinite amount of time.

The time frame for this procedure ranges from 6 to 24 months. Naturally, engaging the services of a professional lawyer will significantly reduce the time frame.

Stage No. 3 - Deciding what to do next

After receiving an extract from the ISOGD, you need to determine further actions. They depend on the following situations:

Situation No. 1: If private household plot is indicated as the main type of use

In this case, it is NOT necessary to obtain anyone’s permission to transfer the site - clause 4 of Art. 37 Civil Code of the Russian Federation and clause 2 of Art. 7 Land Code of the Russian Federation. And this greatly simplifies the task. The owner of the plot can immediately move to the fourth stage - change individual housing construction to private plots in the cadastre.

Situation No. 2: If private household plot is indicated as a conditionally permitted type of use, we obtain permission to transfer

You need to obtain permission for translation from the local administration - clause 1 of Art. 39 Civil Code of the Russian Federation and clause 2 of Art. 7 Land Code of the Russian Federation. A special commission has been created for this purpose. If the plot is in a village, you need to go to the village administration. If within the city limits - to the city administration (not the district). In some cities, you can contact the MFC (“My Documents”) and from there the documents will be submitted to the administration.

All plot owners or authorized representatives need to contact the local administration and submit the following documents (originals and copies):
Extract from ISOGD;
A paper extract from the USRN for the site. It should contain the coordinates of the boundaries of the site;
Foundation agreement for the site;
For example, the owner bought this plot - a purchase and sale agreement. If you inherited a plot - a certificate of inheritance. And so on.
Several photos of the site + neighboring ones (5 - 6 pieces). It is enough to print them on plain paper;
Owner's passports;
Notarized power of attorney, if a trusted person applies.

There is no need to provide any information about neighbors. The employee will collect the documents and issue a receipt/inventory confirming their receipt.

Owners will then be notified of the date and time of the commission's first meeting . The commission meets within a month after the application is accepted. They usually notify by phone or SMS + definitely by mail.
First meeting of the commission. Members of the commission will decide whether or not to allow the issue of transferring the site to public hearings, i.e. Is it worth pursuing this issue at all? The meeting is usually held in the administration room. Of course, the commission will not meet just because of one site. Situations from other applicants are also considered at the meeting.
Already at this stage, the commission may refuse to transfer the plot to private household plots. For example, everything around is built up with good residential buildings, but they may not allow it. After all, livestock can be kept on a private plot.
If a positive decision is made, the owner will be informed of the date and location of the public hearing. It goes away in about 2 - 4 months. No one personally notifies the owners of neighboring plots, but they can participate in the hearings. A month before the hearing, the administration will announce this on its website and in local media - clause 7 of Art. 39 Civil Code of the Russian Federation.
Example of a publication about a public hearing
I’ll write separately about the neighbors. The administration may invite owners of neighboring plots to public hearings if it considers that transferring the plot to private household plots may have a negative impact on the environment - paragraphs. 3 and 4 tbsp. 39 Civil Code of the Russian Federation. For example, the owner wants to transfer a plot of land to private household plots in order to keep livestock on it (pigs, cows, sheep, etc.). Their waste products have a negative impact on the environment. Invitations to neighbors will be sent by mail. At public hearings, they, of course, can vote against the transfer of the site. Therefore, I always advise the site owner to talk to neighbors in advance and get their support.
Public hearings .
They are held in a special place where many people can be accommodated. For example, in the city of Khimki, Moscow Region, which I indicated above as an example, hearings are held in the meeting room of the administration building. In villages, hearings are usually held in local cultural centers. Anyone can participate and vote at the hearings. The speakers will speak first. After the question is announced, voting will take place, and the votes will be counted in the protocol. Afterwards, the owner will be notified of the second meeting of the commission.
Second meeting of the commission . It is held in the same place as the first. Here the commission, taking into account votes from public hearings, decides whether to issue a recommendation for a permit or not. The results of public hearings are only advisory in nature, and not mandatory - clause 8 of Art. 39 Civil Code of the Russian Federation. The commission may refuse. If the commission makes a positive recommendation, it will send it to the head of the administration.
Decision of the head of administration .
This is the final authority. The head of the administration will consider the results of public hearings, the recommendations of the commission and will finally decide whether to issue permission for the transfer or issue a refusal (clause 9 of article 39 of the Civil Code of the Russian Federation). Most often, he issues a positive decision if the commission has issued a positive recommendation. As you can see, the issue of transferring a site goes through 4 levels - the first meeting of the commission, public hearings, the second meeting of the commission and the decision of the head of administration. And at each level you can get a refusal to transfer. You can try to challenge the refusal in court.
On the appointed day, the owner can pick up written permission from the local administration to transfer the plot to private household plots.

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Using an extract from the Unified State Register of Real Estate, you can find out the owner of a land plot and check for encumbrances.

Reasons for failure and solutions to problems

The most common reason for refusal to transfer land to the category of private household plots is an incorrectly collected or incorrectly executed package of documents. Of course, this problem can be avoided if you involve a professional lawyer in the translation process. At the same time, the services of a lawyer will cost a pretty penny, since they will cost from 200 thousand rubles . But a lawyer can carry out the translation without time delays and unnecessary costs, which is a significant plus.

But the reasons for the refusal to transfer land are not limited to bureaucratic problems. The following factors may complicate the transfer of land to private household plots:

Non-compliance of the site with environmental and sanitation standards prescribed by law.
Location of historical and cultural heritage sites on the site.
Passage of high-voltage power and communication lines, as well as gas mains near the land property.
Future construction or activities on the site may harm the environment.
The site is located on special purpose lands. In this case, such lands are meadows, pastures, fields of agricultural crops, and so on.

The above factors will significantly complicate the desired transfer of land to another category , and will also add all sorts of legal delays. In these cases, you will have to obtain all kinds of permits when a refusal appears. In this case, the services of a lawyer will become a necessity.

The transfer of land is considered impossible if the land is in the category of agricultural land of special importance, and when the site has not passed an environmental assessment. In this case, it will not be possible to obtain private household plots.

VRI individual housing construction

Individual housing construction is allowed on the lands of populated areas, where this is permitted by the current town planning regulations. On individual housing construction plots, the construction of a low-rise residential building (within three floors) is permitted, which does not allow division into apartments and is suitable for one family. Central communications must be provided to this building by the local administration.

Also, on an individual housing construction site, you can build not only a permanent structure for year-round living, but also grow agricultural crops (fruits, melons, berries, ornamental, etc.), place garages and utility buildings for keeping farm animals.

Procedure

Decision making occurs in several stages:

First you need to prepare all the necessary documents for your application. Moreover, if the registration of ownership of the site has not taken place or has not been fully completed, it is necessary to close this issue before applying.
Next, the documents are submitted for review. This can be done through a personal visit or by registered mail with a description of the attachment. The first option is preferable, since the official will review the documents during reception and may have comments along the way.
Then, within two months, the local government body will make its decision. It can be not only positive, but also negative. In the latter case, the reasons for the refusal must be given. The applicant has the legal right to appeal them in court if he does not agree with them.
Finally, the hearings take place. Their goal is to find out what neighbors think about whether they agree with the planned changes. If the majority of them agree, then a positive decision will be made and the required type of permitted use of the land will be established for the site in question.

Cost of services and terms of consideration of the application

Every owner of a plot of land who wants to start construction on a plot is concerned with the question of how much it costs to transfer agricultural land to individual housing construction. An extract from Rosreestr will help you answer this question. The service will cost the owner 30% of the figure indicated in the cadastre.

You should also not forget that you will need to prepare a project for building a house and pay for an environmental assessment. Additional costs will be incurred if there is a need to consult a specialized lawyer. The cost of a lawyer’s services will directly depend on what functions he will perform.

As for the processing time for an application, it usually does not exceed 2-3 months. If a negative decision is made, the applicant will be notified earlier. He will receive a refusal within a month.

Why is distribution needed?

Such division is necessary to protect the land fund from illegal use. On some lands it is allowed to build residential buildings and various outbuildings, on others - only to engage in agriculture.

If activities are carried out on the site that contradict its possible exploitation, then this is a violation of the law.

Therefore, when the owner needs to use his plot in a way that the category assigned to it does not suggest, he is faced with the task of transferring the land from one category to another. The legislation allows for the possibility of changing the category of a site subject to certain legal conditions.

The procedure for transferring land from one category to another is regulated by the norms of the Land and Town Planning Code and Federal Law No. 172, which deals with the procedure for changing the category of land plots.