Limit size of land and maximum percentage of development on the boundaries of the land plot

Who installs

The maximum size of a plot is determined by several legislative standards, among them Article 11.9 (clause 1) of the Land Code and Article 30 (part 6) of the Civil Code. There are also legislative provisions that set maximum land sizes.

• At the federal level, the size of land that is owned by the state, the Russian Federation, is determined.
• If the land is the property of the subjects of the Federation, it is used when determining the area by the laws of the region.
• The laws of local authorities indicate the maximum size of plots allocated from municipal lands.

To which areas do the limits not apply?

The regulations apply to certain plots of land. The law provides a list of lands to which the rules do not apply:

• purchased from municipal or state property;
• intended for the location of objects of state and municipal enterprises.

The main condition is the intended use of the allotment. List of objects that can be located in such areas:

• car roads;
• municipal power supply, water supply, heating facilities;
• federal and regional transport and communication facilities;
• federal and regional electrical systems.

In addition, the law establishes the concept of indivisible plots. Indivisible lands are understood as lands whose area is less than the established minimum limit in a particular municipality.

Maximum limit size

This expression includes several concepts, this is not only the area of ​​the plot itself, but also the regulatory setbacks of buildings from the boundaries of the plot, the maximum percentage of development within the boundaries of the land plot, and the permitted number of floors.

Such norms are specified in urban planning regulations established in each locality by local authorities. To find out what established standards apply in your city or town, you need to contact the authorities, the municipality.

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In different regions, the maximum and minimum sizes of land allocated for individual construction differ. But the average number of acres allocated for a house is 3. The number is small, but you need to check with the authorities dealing with land issues, perhaps you can get a more spacious area.

When allocating a plot of land for individual housing construction, its new owner may encounter a number of problems, in particular, conflicts that sometimes arise with neighbors and owners of adjacent plots.

If you know the rights of the owner and the rules by which land is allocated, the established maximum size of the plot for building a house is determined, the conflict will quickly be resolved.

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.

In order to understand the features of choosing the intended purpose of an allotment, read the article “Land for private household plots and individual housing construction: what is the difference.”

How is it determined

The Land Code undergoes changes from time to time, which is associated with changes in the realities of life. And you need to follow such innovations, especially for those who are related to the land, are the owner of the plot, or are planning to write an application for the allocation of an allotment.

In 2015, an innovation appeared regarding the annexation of lands located next to one’s own plot.

ATTENTION! Now you can write an application to annex the territory that is located next to the site and has been cultivated by you for a long time. It is important that such land does not have an owner.

Change in area

There are already rules governing the process of annexation and establishing the maximum size of the territory that can be annexed to the site. Such redistribution rules, as well as restrictions, are specified in Articles 39.28 and 39.29 of the Land Code of the Russian Federation.

• You can add land to a site with a building if there is a need to bring the area of ​​the site into line with the land survey boundaries. But you need to have a project that considers the development and improvement of the territory.
• You can also make a request for redistribution of land area if your plot needs to be protected from wedging or fracture. At the same time, the permissible maximum dimensions of the site for a particular type of activity cannot be exceeded.
• It is allowed to increase the total area by adding a piece of land if gardening, vegetable gardening, or personal subsidiary plots are being developed on the site. A valid reason is also the construction of a house for personal residence, or dacha farming.

The Land Code allows redistribution with an increase in land area and when capital construction is planned on the site.

Redistribution is carried out in this case with the seizure of land in favor of the state. In this case, an agreement is signed between the two parties to the operation (the land owner and the state).

IMPORTANT! It is necessary to change the boundaries and increase the area with the land surveying procedure, because you will need to obtain the appropriate cadastral passport.

Differences in standards for different types of land

The PPZ of various municipalities sets the minimum and maximum size of land plots, depending on:

• from the purpose of the site;
• standards for one family;
• norms for one subsidiary farm.

PPZ established by the municipality must not contradict the norms of federal and regional land legislation.

For residential construction

Standards for individual housing construction are established taking into account:

• building rules;
• site operation rules;
• building codes and regulations.

The importance of the minimum size of a building plot is determined by the danger to residents of neighboring lands from the constructed facility. Therefore, a residential building cannot be built closer than a certain border. It depends on the materials used in construction. The border can be from 8 to 15 meters from the border of the plot.

In order for all requirements for the placement of objects to be met, the value must be formed taking into account the data:

• on the economic development of the municipality;
• about consumer demand for such objects;
• about the number of plots;
• about the area where objects are located.

Before receiving a plot, it is advisable to clarify the standards with the local administration.

For household farming and gardening

Land limits for private household plots vary depending on the purpose. Standards are established separately for summer cottage construction and for farming.

On average, according to federal law, the minimum size is 6 acres. The maximum should not exceed 0.15 hectares.

Important! If a municipality experiences a shortage of this type of land, then the standards may decrease.

Agricultural plots

Standards for agricultural land are established in order to avoid misuse of the plot.

The minimum size is set at the discretion of the municipality. The maximum value is limited by federal law. It cannot exceed 10% of all agricultural lands of the municipality.

Responsibility for determining the minimum and maximum size of plots rests with local authorities. However, standards must be formed based on the norms of federal legislation. They vary depending on the purpose of the land.

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Minimum limits

Maximum sizes can be established by laws adopted at the level of the state, constituent entities of the Federation, and municipality.

It depends on who owns the land. Local authorities, including in the Moscow region, adopt urban planning regulations that should not contradict state legislative standards.

In the Moscow region, the last such regulation was adopted in 2003. According to this legislative document, the minimum size of land in the region for farming is 4000 hundredths, for dacha construction - 25 acres, for gardening - 15 acres. In each district of the region, standards were adopted for the maximum limit size of the plot, which will also depend on the type of management on the land.

In the Leningrad region, the minimum plot size for livestock farming is 500 acres. And anyone who wants to build a dacha will receive a minimum of 10 acres.

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Limitation of the area of ​​plots for individual housing construction

To know what the minimum area of ​​land for individual housing construction is established, you should:

• familiarize yourself with the provisions of local town planning regulations. Due to the fact that this issue is not regulated by law, the rules are set exclusively by the local administration;
• look at the zoning map and determine the exact location of the object;
• study the basic conditions and requirements for development in this area;
• contact a geodetic company to draw up a demarcation plan and draw up an act indicating the exact boundaries of the plot.

The size of the land plot for the construction of a residential building depends on the following factors:

1. The level of demand for land in a given area.
2. Population density.
3. The area of ​​land owned by a person or municipality that can be transferred to individual housing construction.
4. Level of economic development of the region.

When are norms used?

The adoption of standards for maximum and minimum sizes is regulated by the Town Planning Code of the Russian Federation. Each territorial zone also introduces its own urban planning regulations that determine the allocation of municipal lands.

The following size limits are observed when selecting all areas:

1. They are necessarily taken into account when creating new plots from state or municipal lands.
2. When allocating land upon application to an individual or legal entity for individual residential construction, for the construction of a summer house or for gardening, vegetable gardening, or farming activities.
3. Size standards can also be used when dividing a plot into several, when resolving the issue of cuttings.
4. Size standards are also taken into account when forming a plot from an unclaimed land share.

Town planning regulations

It is possible that local authorities have not adopted urban planning regulations, but the size of the plot when allocated must still comply with legal standards . What documents are taken into account in this case?

• It is necessary to consider the articles of the Land Code that address this issue.
• Urban planning codec of the Russian Federation, adopted at the state level.
• The Federal Law “On Personal Subsidiary Farming” No. 112, adopted in 2003, will also help.
• Federal Law “On Farming” No. 74, adopted in 2003.

Minimum territory size for individual housing construction

A specific figure indicating the smallest size of territory for individual housing construction is not specified in the legislation of the Russian Federation. Therefore, it is determined separately for each region by municipal authorities and is enshrined in regulations.

At the regional level, the minimum size of territory for housing construction is determined. At the same time, they are guided by the factors indicated above, assessing the population, size and level of development of the region’s territory.

Table 1. Minimum level of plot sizes by constituent entities of the Russian Federation

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