Lands of settlements for summer cottage construction - where you can build

The desire to escape from the bustle and rush of the city makes many of us think about buying a country house or a plot for its construction. But a rash approach to choosing such a site can lead to unpleasant consequences and clashes with the law. When purchasing land in populated areas for summer cottage construction, you must first study the documentation to find out where the territory is located. Whether the land belongs to agricultural land or to land ownership within the boundaries of a settlement affects the nature of the building. The desire or need to register in a built house may encounter a number of difficulties. First you need to understand on what principle land is allocated for development and for summer cottages.

Where can I build?

The legislation of the Russian Federation allows the use of two types of land for summer cottage construction:

1. Agricultural land . Such territories, as a rule, are located within dacha cooperatives or gardening partnerships. Initially, the regional government allocates a large territory, which is subsequently divided into sections. This type of land for construction is most common.
2. Land in populated areas is less often used for the construction of private houses. For such a decision, it is necessary to obtain approval from municipal authorities.

The construction of summer cottages is prohibited or partially permitted (subject to meeting certain conditions) depending on the type of site. Ignorance of the types of land and the nuances of their use may lead to the demolition of the constructed building, penalties or other consequences

The most common types of plots that can be purchased and the associated features of building a house:

• Plots for individual housing construction . To begin construction, you will need to create a building design, which must be approved by local authorities. The construction of one house of no more than three floors is allowed on the site. Such settlement lands for dacha construction are the simplest option, since permission to erect a building is issued without delays or problems.

Permission to build a house on an individual housing construction plot will be given the fastest

• Plots for personal subsidiary plots or household lands. If the territory is located within the city, then construction is permitted. If outside the city limits, the construction of a building is prohibited.
• Summer cottages . The purpose of such an area is reflected in the documentation, since it can vary greatly depending on the purpose of use. Not all plots are eligible for the construction of buildings for year-round housing.

The concept of land for dacha construction includes plots with several purposes. When using an unregistered dacha plot for housing construction, the district administration has every right to draw up a resolution on the demolition of the building. In order to circumvent this scenario, temporary structures are often installed that can be removed if the situation described above occurs.

Free land

The allocation of land plots for housing construction can be done free of charge. There are categories of citizens to whom land within the boundaries of a populated area is given for free:

• large families with three or more children;
• families with disabled children;
• veterans of the Great Patriotic War and labor;
• Heroes of the USSR and Russia;
• Knights of the Order of Glory;
• citizens registered in the village and living there for more than 5 years;
• people who suffered from repression;
• families of heroes who died in the line of military duty.

This list can be expanded in each subject of the Russian Federation at the discretion of local authorities. You can receive a plot of land free of charge for building a house only once.

It is possible for every Russian citizen over 18 years old to receive free land. This is the so-called Far Eastern hectare. It is allocated in a certain territory of the Far East to anyone who expresses a desire to receive it.

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.

Agricultural

On such areas you can build :

• dachas,
• cottages,
• garden houses,
• estates,
• garages...

These fertile lands are located outside the populated area and are designated specifically for agricultural work. They can be divided into two main types :

1. Areas that are regulated by law 101-FZ (you can read more about the law)
2. Other agricultural lands subject to management by the Land Code of the Russian Federation, and Law 66-FZ (On gardening, truck farming and dacha associations), and Law 74-FZ (On farming), etc.

You can immediately make a reservation that there is no official permission to build on the land specified in paragraph one.

Agricultural lands allocated for farming . You can legally build an entire estate here. There is enough space, the law does not prohibit it. Building on farm land means comfort and space, but you must always maintain active farming by regularly paying the necessary taxes. Registration is possible only during legal proceedings.

On lands that are used for agricultural purposes, building a building will have to be subject to certain restrictions. More details in the code (Civil Code of the Russian Federation, Article 49).

Here you can build only an individual type of housing (with or without registration), without the goal of putting the new building up for sale in the future. Agricultural land is the main category of land for summer cottage construction.

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 of place of residence

When constructing a capital facility, the legislation allows registration in it, but not in all cases. When building a house on a plot of land intended for dacha construction, there will be no problems with registration, and the entire procedure will be standard.

Registration of registration occurs in the standard way

If the house is located on a site that was not originally intended for dacha construction, then the registration procedure becomes available only after the land use category has changed. In addition, registration can only be carried out if the building is recognized as a capital construction with all communication systems necessary for life. The kitchen in the house must exceed 6 square meters, and the living room - 12 square meters. A storage room and a bathroom are required. If the land is not intended for the construction of a residential building, then it will be impossible to register in a building on this territory.

To register your place of residence, you will need the following papers:

• cadastral plan;
• passport;
• confirmation of the right to own land;
• location of the object (address) with a diagram.

Differences between gardening and individual housing construction

The main difference is that gardening farms are designed for seasonal operation.

This is where their specific differences arise:

1. They may not have permanently operating utilities, that is, gas, light and heat can only be supplied during the land development season, before the onset of frost - just like in holiday villages.
2. Here, in principle, a postal address may not be provided, which will make official registration at the place of residence impossible.
3. The construction of the house is not guided by the urban planning plan, therefore it allows for the construction of a unique structure.
4. Building a house is not necessary, but cultivating the plot and planting garden crops are required.

The characteristic features of land for individual housing construction are as follows:

• Mandatory installation of permanent utilities. Active development of infrastructure.
• Availability of registration and postal address, permission to live with family permanently.
• Construction follows a clear plan corresponding to the building area. The construction of a residential building in accordance with established urban planning regulations is mandatory.
• Development of the local area with horticultural crops is not required.

Reference: the cadastral value of land plots, and, accordingly, land tax, are approximately the same.