All land on the territory of the Russian Federation is divided into certain categories. The intended purpose, as well as the type of permitted use, depend on which category a particular site belongs to. For example, agricultural land - it is not difficult to guess what they are intended for, but not all the nuances may be obvious.
It is prohibited to go beyond the intended purpose and permitted use by law. To use land of a certain category for other purposes, it is necessary to first transfer the land from one category to another.
What is required to build the facility?
To begin construction work, it is necessary to draw up a number of documents to permit the use of the land plot for summer cottage construction. First you need to prepare a package of papers:
- application requesting permission to erect a building;
- cadastral plan of the land plot;
- passport or alternative document to confirm identity;
- confirmation of ownership of the site;
- diagram of the future building.
Before starting construction, you need to collect many documents, including a plan of the building itself
Registration issues
Registering on such a plot will be a little more difficult than building your own house on it. But what should we do for this? The thing is that the law allows registering persons only on settlement lands. Those. in areas intended for individual housing construction. But registration on agricultural land is not allowed. You need to think about this even before building a house on agricultural land.
In order to officially register in a house located in SNT or that is a dacha, it is necessary to transfer it to the category of settlement land.
There are cases when you can register on houses built on plots intended for gardening.
However, in this case, certain requirements are put forward for the house:
- capital foundation;
- no higher than three floors;
- compliance with lighting standards;
- communication systems must comply with sanitary and engineering requirements;
- registration of the house in the registry;
- being near a settlement or within its territory.
However, registration at a summer cottage is not always desirable. After all, if no one is registered there, then taxes are calculated at the minimum rate. And after registering there, the tax price increases noticeably. Also, in most cases, a court hearing may be required to declare a home compliant, which is undesirable for most citizens.
About the opportunity
Is it possible to register in a village or village? You can register in rural areas .
There are no difficulties or features associated with the peculiarities of the way of life.
Just because it is a village or hamlet does not make registration more difficult or even impossible.
Find out on our website how to register at a dacha or in an SNT (garden non-profit partnership).
How to get permission?
As you know, in order to build a house on a plot intended for individual housing construction, it is necessary to provide the local government with technical documentation of the future construction and a document confirming ownership.
Most agricultural plots within SNT and dacha estates are not privately owned, but have the status of temporary ownership. In such cases, instead of a document confirming ownership, you can provide the charter of the cooperative or SNT.
In each individual case, the local government authority (district administration) makes a decision to issue a permit for construction on agricultural land, depending on other acts of local importance. So, before purchasing such a plot, it is necessary to make inquiries with the relevant authority about the possibility of erecting a building.
In fact, no permission is needed to build and live in such houses. Difficulties may arise in the future when installing power supply lines and selling real estate. Such complexities are very difficult to resolve. Therefore, it is advisable to act according to the law and follow the established procedure.
To build a cottage for residential purposes on the territory of a farm plot, it is necessary to obtain the appropriate certificate of farming. Such a certificate is issued by a local authority upon registration of a commercial organization.
Residential buildings
Settlement lands are a territory that is intended for the construction and development of settlements (Article 83 of the Land Code of the Russian Federation). This category of land has a line that delimits the territories of all nearby categories, and is also capable of changing based on development plans within the settlement.
Internal distribution of land is carried out by decision of local authorities, taking into account the approved development plans. The lands of settlements are divided into the following categories:
- residential plots;
- production;
- infrastructure;
- for military needs;
- public and business;
- for agriculture;
- special purpose;
- rest.
Read here about whether the lands of a settlement can be used for gardening, and about whether they can be used for private household plots, read here.
Residential plots represent the largest category.
Quite often questions arise related to construction permits. At the moment, according to the VRI classifier, the following can be built on lands of the residential development category :
- Low-rise buildings, which include individual housing construction, country houses and garden houses. At the same time, it is possible to construct buildings up to three floors high and place garages on this territory.
- Homestead plots that constitute a single-family residential building up to three stories high. In such areas it is possible to grow crops and keep animals.
- Blocked residential developments involving the construction of up to ten residential buildings in one row. Moreover, their height can range from one to three floors. On such a site, the construction of garages and utility rooms is allowed.
- Mobile housing in the form of campsites and tent cities.
- Mid-rise residential development, including the construction of houses up to 8 floors for permanent residence.
- Multi-storey residential development, involving the construction of houses with a height of more than 9 floors.
- Buildings serving residential areas including utilities, healthcare institutions, educational institutions, shops and much more.
Construction of residential buildings is permitted if:
- the land plot corresponds to the category for residential development;
- the construction plan meets all criteria and meets all standards;
- future construction will not pose a threat to people, the surrounding nature and historical monuments.
Based on this, you can obtain permission to erect a residential building from local authorities. If any conditions are ignored, the construction will be considered illegal.
The construction of residential buildings is prohibited if:
- the dimensions and construction plan do not meet generally accepted standards;
- the plot of land does not correspond to the future building.
Important! If a building is erected with violations, the authorities may prohibit its use until all errors are corrected.
Terms and cost of registration
Having started the process of registering in a country house, you need to understand that the registration will take at least 1-1.5 months, provided that you are not subject to any checks. If somewhere not everything meets the standards and it is necessary to eliminate shortcomings, then registration may take an indefinite period of time.
In financial terms, the entire procedure will cost approximately 15-20 thousand rubles . Since you will have to pay for all the examinations and visits of specialists yourself.
Result
What documents are ultimately issued?
a special stamp placed in the applicant’s passport indicating the registration address.
If it was issued for a minor child, then a separate registration certificate indicating the address will be issued in his name.
If the applicant requires additional confirmation or certificates, they should immediately write a separate application about this.
The legislative framework
What laws govern registration in a village or village:
- The Housing Code of the Russian Federation determines what constitutes residential premises and answers a lot of other housing questions;
- The Criminal Code of the Russian Federation establishes criminal liability for fictitious registration, i.e. not for the purpose of actual residence;
- Law No. 5242-1 of June 25, 1193 fixes the possibility of every citizen for free and independent self-determination in matters of place of residence within the country;
- Government Resolution No. 713 is the main legislative act that explains in detail the features of the registration procedure;
- The Code of Administrative Offenses of the Russian Federation establishes a fine if a person has exceeded the period during which he can be unregistered anywhere;
- Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008. No. 7-P Moscow - an act that made it possible to register in dacha and garden partnerships, in private household plots and on agricultural lands.
You can learn about the difference in the concepts of “registration” and “registration” from our article.
Features of the allocation of land in settlements
The procedure for allocating a plot of land for the construction of a private house on the territory of a populated area is a difficult and long process, during which several important nuances must be resolved. To obtain permission you will need to adhere to the following algorithm of actions:
- The desired land must have all the required documentation. This is possible if the territory belongs to an individual or legal entity, partnership or several persons at the same time.
The main document is the Certificate of Land Title
See also: Popular plots in the Moscow region for the construction of a country house.
- It is necessary to send an application to the administration regarding the use of land for the construction of permanent housing without changing its category. The review is carried out by the head of the district or subject.
- The result of consideration of the application is the appointment of a date for public hearings. At public hearings, all interested parties are present and receive information about the resolution of the issue regarding the site through the media. During the procedure, the likelihood of changing the type of a certain piece of land for further use for the purposes specified in the appeal to the head of administration is decided.
- When the time comes for the hearing, the administration selects one of those present as a secretary to draw up the minutes necessary to record the issues considered and the personal information of the interested parties who came. After completion of the hearings, the drawn up document is certified by the chairman of the commission.
- Within one week, each person present at the hearing receives a conclusion on the results of the review. Before publication in the media, the document is certified by the district administration.
They can allow summer cottage construction in a populated area, but this does not always happen quickly
- Transfer of documentation to Rosnedvizhimost. The body is undertaking a number of activities to change the way land is used. The longest part of the procedure, since the applicant is required to wait for a long time to resolve all issues. The completion of changing the type of plot is the issuance to the owner of an act of determining the cadastral value.
- The received documents are sent to Rosnedvizhimost to change the type of cadastral registration based on the received act of determining the value. If the decision is satisfactory, an extract is issued confirming the change in the type of land.
- Now the owner can receive a certificate of ownership, which will indicate the new purpose for using the land.
After this, the land owner can proceed to the construction process, which will require equipping the site in accordance with all requirements, one of which is connecting communication systems.
Other buildings on agricultural land
In fact, the construction of other non-residential premises on the territory of an agricultural plot is not limited by law. The main requirement is that the type of construction and its intended purpose coincide with the objectives of using a particular site.
So, for example, to store agricultural products you need a barn. Or, if there is a need to process products, then the construction of an appropriate building is allowed.
The main requirement for the construction of buildings on agricultural land is that only one building can be built for residential purposes. The remaining structures must have a different purpose.
Also, in order to ensure the civil legal status of real estate, the structure under construction must obtain a construction permit.
Is it possible to build a house on agricultural land?
Many people wonder whether it is possible to build houses on agricultural land? According to the law, starting from 2021 it is possible to build on agricultural lands that are necessary for conducting economic activities. But what can be built on agricultural land?
Usually, to conduct livestock farming, farmers need to build a residential building directly on the site provided for this purpose. In such cases, the construction of a cottage is permitted. But this dwelling does not have the full status of a residential building and it is impossible to register there.
On the other hand, citizens who own a plot that is part of a garden partnership or dacha cooperative have the right to build a residential building on these plots. In order for such a building to have the status of a full-fledged residential building, where one can subsequently register, it must be carried out in strict accordance with the requirements of the law. Basically, these requirements relate to obtaining permits for construction on agricultural lands.
