How to Transfer Land from Vegetable Gardening to Izhs

Withdrawal of a plot from SNT and registration of individual housing construction

SNT lands belong to the categories of agricultural lands.
SNT lands can be used for gardening and horticulture.
The allocated lands for gardening or gardening activities may in the future become the property of SNT members.
In addition to conducting gardening activities, the owner of SNT land has the right to erect a residential building on the site , which, subject to certain rules, can be recognized as a permanent place of residence with subsequent registration in it.

Apply to your local administration.
The application must indicate the original category of land and the category to which the land must be transferred.
If several persons own a land plot or have ownership rights to it, then they are required to provide notarized consent to change the category of land, or these persons must submit an application in person.
Provide along with the application an extract from the cadastral passport, copies of cadastral plans, as well as other documents for the land plot (for example, a donation agreement, lease agreement, certificate of ownership, etc.).
A month later, after submitting the application and all the necessary documents, the administration will provide a written response and an act containing information about the possibility of transferring the category of the land plot or a written justified refusal.

How to change the type of permitted use and intended purpose of a land plot

Open the public cadastral map of Rosreestr;
Enter the cadastral number of the land plot into the search line;
Get information about the category of land and the type of permitted use online.

To document the information, I recommend ordering an extract from the Unified State Register of Real Estate.

Rosreestr sends extracts from the Unified State Register within 3 days (there are delays). If you want to find out the type of permitted use faster, I recommend ordering extracts directly through the Rosreestr API - this way you will receive the document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

What are land categories and types of permitted use?

To what type of permitted use can an existing one be changed?

Changing one VRI to another is carried out in accordance with urban planning regulations, that is, the change is permitted if the Development and Land Use Rules (DRU) of the municipality to which the given land plot belongs, planned for the establishment of VRI, are provided for.

To understand what type of permitted use of a land plot an existing one can be changed to, you need to refer to the PZZ. Using the example of a site for individual housing construction, the procedure will be as follows:

We open the section of town planning regulations;
We find the item “For individual housing construction (Zh-4)”;
We receive a list of types of permitted use of land plots that are possible in a given territory.

For example, in Moscow there are about 40 types of permitted use of land plots for individual housing construction: hotels, restaurants, shops, banks, schools, fitness centers, pharmacies, etc.

Now let's look at each possible case separately.

How to change the type of permitted use for individual housing construction to commercial

Before you start making changes, you need to answer three questions:

is it possible to obtain a transfer legally;
how much money will it require;
and is it really necessary?

If action is appropriate, we begin.

In accordance with the Land (Article 1, 7) and Town Planning Code of the Russian Federation (Article 37), you can choose any of the provided types of permitted use for the land plot and the building located on it, independently and without additional permits and approvals. From Article 37 of the Town Planning Code of the Russian Federation it follows that if the technical conditions are met, it is possible to change the type of permitted use from one to another.

That is, without holding a public hearing, only the primary and secondary permitted uses can be changed. To do this, the owner of the land plot needs to apply to Rosreestr and provide:

Application of the established form (issued by Rosreestr);
A copy of the Land Use and Development Rules indicating the possible type of permitted use for a given territory (where I wrote above);
Declaration of the selected type of permitted use of the land plot in the form as specified in the Land Use and Development Rules.

Since 2020, the Ministry of Economic Development has released a classifier of types of permitted use of land plots, which will help you in your work. But keep in mind that it will not be possible to change the purpose of a land plot that has the status of a protected area or GosZemZapasa.

Download the classifier of types of permitted use

How to change the type of permitted use for private household plots and SNT to individual housing construction

If the plot is located on the lands of settlements, then the transfer of the plot from private household plots or SNT to individual housing construction is carried out free of charge upon the application of the owner in RosReestr (MFC). If the site is located on agricultural land, then proceed to the point below.

In case of refusal to change the VRI from vegetable gardening or horticulture to individual housing construction, you will have to be content with conditionally permitted types (for example, “Gardening”), build a house and register it under the dacha amnesty.

Please note that you can change the type of permitted use of a land plot only after transferring it from lease to ownership.

How to change the type of permitted use from individual housing construction to multi-apartment

I will try to answer in general terms, because... the procedure for changing the permitted type of use of land plots and capital construction projects is regulated by the Law of Law of the relevant municipal entity.

So, if the legal holder of a land plot and (or) a capital construction project (in your case, the owners) intends to change the main type of permitted use to a conditionally permitted type of use, the procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction project is applied. To do this, you need to send a corresponding application to the commission on urban planning and land relations. The list of documents that must be attached to the application is determined by the paragraphs of the relevant rules - your subject.

The documents are approximately as follows:

title documents for a land plot or a decision of an authorized state authority or local government body on preliminary approval of the location of the facility;
title documents for capital construction projects located on a land plot (agreements, certificates of state registration of rights, other acts on rights to real estate, issued before the entry into force of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” (if any );
cadastral plan (passport) of the land plot;
a copy of the topographic plan of the city of Tyumen on a scale of 1:2000 with the boundaries of the land plot on paper (copy);
plan of the boundaries of the land plot with coordinates of characteristic points;
sanitary and epidemiological conclusion;
information about the applicant: for individuals - an identification document of the applicant; for individuals registered as individual entrepreneurs - a certificate of state registration of an individual as an individual entrepreneur; for legal entities - certificate of state registration of a legal entity"

Next, discussion is initiated at public hearings (in which neighbors primarily participate). Within 15 days from the date of the public hearing, a conclusion on the results of the public hearing is prepared.

Conversion of a dacha, garden or agricultural plot into land for individual housing construction

They are allowed to build permanent houses for permanent residence.
This construction should be carried out only after the house design has been agreed with the local authorities and permission for construction work has been obtained. After the official commissioning of the house, ownership rights are recorded in Rosreestr. Then you can register with them permanently. As the owner of a plot of agricultural land, you have the right to use it exclusively for these purposes. It is possible to build utility rooms and a permanent residential building on it, but obtaining registration in it will be quite difficult. You can do this only by proving that you live in it all year round.

How to transfer gardening and vegetable gardening lands to individual housing construction

all areas of SNT are agricultural lands;
the lands of the partnerships are allowed to be used for the purposes of gardening and vegetable gardening; subsequently, such lands can be transferred into the ownership of the members of the partnership;
It is allowed to erect buildings and structures on SNT lands.

In addition, until the end of 2020, you can take advantage of the norms of Federal Law No. 93 of 2006 and, under the “dacha amnesty,” register ownership of a garden house. However, you need to take into account the norms of Federal Law No. 217 of July 29, 2020, which will come into force on January 1, 2020. According to this law, it is allowed to build permanent houses on the lands of gardening partnerships, in which you can register.

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How to transfer SNT to individual housing construction in 2020: procedure, list of documents, errors

Many families dream of their own home and their own plot of land, but in megacities such an acquisition is possible mainly in SNT. Is it possible to change the status of a land plot from SNT to individual housing construction? In this article we will tell you how to transfer SNT to individual housing construction in 2020, what is the transfer algorithm and what documents are needed for this.

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Example 1. The Chesnokov spouses have owned a land plot that is part of SNT for 30 years. The land plot is registered in the name of the spouse, but the spouse applied to transfer the land plot from the SNT to the category of land plot subject to individual housing construction. This petition cannot be considered, because the spouse does not have the right to carry out this procedure.

New dacha law 217-FZ

But on a garden plot of land (on the territory of SNT), in accordance with 217-FZ, you can build a “garden house” for seasonal living or a “residential building” - a permanent structure in which registration is possible. At the same time, paragraph 2 of Article 23 of the new law states that a permanent house can be built in SNT only if this land is included in “territorial zones in relation to which town planning regulations have been approved, establishing the maximum parameters for such construction.” That is, the possibility of building a permanent house will depend not only on the permitted type of land use, but also on the general plan approved by the municipality.

As lawyers note, the norm on the possibility of capital construction only in the corresponding zones (Zh-1, Zh-2, etc.) is also in the current dacha law 66-FZ, but in fact it does not work. Municipalities and the registration authority focus mainly on the status of the land and permitted use. Moreover, if this norm really comes into effect, then construction on garden plots will become completely impossible. After all, there are no town planning regulations for such areas yet. However, there is hope that the necessary changes to the law itself or by-laws will be made before 217-FZ comes into force.

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How to transfer the land of a garden partnership to the category of individual housing construction

Land plots of individual housing construction have a single purpose - the construction of a residential building. The legislation provides precisely this legal status, which allows you to obtain and solve the problem of registration and residence on such land. Plots of this type are allocated from a special reserve, namely from specially reserved areas that meet certain conditions.

Gardening plots are quite cheap, but not all of them are equally suitable for living. Therefore, having chosen just such a site, many citizens begin to think about how to transfer such land into individual housing construction. In reality, such a process turns out to be problematic.

How to transfer DNP to individual housing construction

Today on the country market there is a large, if not overwhelming, number of offers for the sale of land plots with the legal status of DNP. Which stands for dacha non-profit partnership. According to the developers, on the one hand, there is no fundamental difference between the lands of the DNP and individual housing construction. Although, on the other hand, the developers themselves assure buyers that as soon as the status of DNP changes to individual housing construction, the same lands will jump in price.

- Yes maybe. The plot is available for rent for construction. After developing and approving the project, it is necessary to obtain a building permit, then build a house. The next step should be to obtain a decision from the state commission to put the house into operation. Next, you need to register the house with the cadastral register. Only after this will it be possible to purchase the land plot into ownership at the cadastral value.

Changing the business from gardening to private housing construction

Permits for plots intended for gardening look somewhat different. One nuance should be borne in mind here. The VRI ZU 2020 classifier has two codes for gardening. VRI with code 1.5 regulates the types of gardening activities for agricultural enterprises operating on large plots of land and selling their products on an industrial scale. VRI with code 13.2 regulates individual activities in areas intended for gardening. In addition to growing fruits, melons and other agricultural crops, including potatoes, the construction of a garden house on the site is allowed, in which one family can live, so

How to transfer land from SNT to individual housing construction in 2020

Info For the tenant to register changes, the lease term must be at least 5 years. If this is not the case, the cadastral chamber may refuse to register the changes. We obtain permission for a conditionally permitted VRI (Article 39 of the Code) According to Article 39 of the Code, it is important to perform the following actions:

Then a power of attorney (certified by a notary) and a passport of the representative are added to the documentation. The applicant sends a package of documentation to the executive authorities or self-government authorities of the city/district.

You can build at your own discretion - a house, a garage, a bathhouse. SNT only at first glance is not much different from individual housing construction. However, when building a house, you may encounter a number of problems, since SNT is, first of all, a partnership.

How to transfer SNT to individual housing construction, transfer of a garden plot

In addition, only persons with Russian citizenship have the right to transfer a site to another category. To determine for yourself whether it is really necessary to transfer the SNT property into a plot for individual housing construction, you should first clearly indicate what and how this property is planned to be used for, and whether such a decision will actually be profitable.

From the requirements for the site, I only remembered that it should not be narrower than 10 meters, and with an area of at least 6 acres. At the same time, find out the address of the next authority we need from the architect. Action 4: We move to the APU (Architectural and Project Management), and more specifically, to the department of pre-design preparation and construction. Task: to obtain documents and materials on the design of the site and the placement of buildings on it. Required (as always, original + photocopy): cadastral passport, registration certificate, application for change of status, “thousander” and ... topographical survey of your site and adjacent territories! More details here. Topographic surveys have an expiration date. About a year. How to change the category of land from gardening to private housing construction? The application is drawn up in any form, but some partnerships may have a specially designed document form.

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Accordingly, it turns out that if a citizen has a SNT plot and plans to build a residential building on it, then he needs to either complete construction and register ownership of the individual housing construction project by the end of 2020 or change the purpose of the land. For those who transferred the house in SNT to individual housing construction, the new law will not bring any changes.

How to change the status of a land plot to individual housing construction through government services

If information about land ownership is recorded in the Unified State Register, but the plot was not registered in the Unified State Register within five years from the date the data was entered, then after the specified time, such an object is deregistered and assigned the status of canceled. In this regard, the procedure must be resumed, since land deregistered can only be restored in court. Documents for changing the status of a plot In order to change the status of land ownership, as a rule, documentation is required, which is necessary when registering actions with real estate, giving rise to legal consequences.

This is necessary to obtain permission to build a permanent structure suitable for year-round use. The construction of a residential building on a garden plot is allowed, but the owner does not have the right to formally register there.

Consideration. The submitted petition will be considered; the law provides only two grounds for refusal: if it was submitted by an inappropriate person to submit it (but you are the owner, in other words, a proper person), or if the documents do not comply with the law (Law No. 172-FZ). The result of consideration of your application will be the transfer of land from gardening to individual housing construction and the receipt of an act on the transfer of the plot from one class of land to another, or an act on the refusal of this transfer.

How to transfer land from gardening to private housing construction in 2020

At the same time, buyers often do not realize that individual housing construction is designated as VRI land, and this includes various objects of individual construction - that is, the building itself. The paradox is that the building or residential building being erected may not legally stand on individual housing construction land - if, for example, such a house can be erected on agricultural land for a dacha. Because of this, confusion often arises. Sometimes buyers believe that the purchased plot can be independently transferred to individual housing construction. Buyers are confident that by performing such actions, they will ultimately receive a plot of “our land.” points" for individual construction. But in most cases, it will only be possible to change the VRI of the land from “gardening” to the classic “dacha construction”. That is why, before buying a plot with these prospects, you should learn the situations in which you can change the category of land.

(understand how to keep accounting records in 72 hours) > 8,000 books purchased In the absence of an address, the transfer of SNT to individual housing construction is carried out by the interested party submitting to the executive authorities or self-government bodies a petition and a package of documents specified in the section “Required documents required when transferring SNT to individual housing construction » this article.After

The settlement administration may adopt regulations providing for notarization of copies of documents. Clarify the procedure for providing documentation at the stage of forming the application.

How to change the category of land from gardening to individual housing construction

The said act must specify the grounds for changing the category, the area and cadastral number of the plot, the previous and changed category of the land. All that remains is to make changes to the category of the land plot in Rosreestr, for which you will need to write an application for making changes to the Unified State Register, attaching a passport and an act from the administration to it.

This set of documents is submitted for consideration to the local administration, which oversees the resolution of land issues. Together with it, a petition is written, which shows in detail the essence of the request (to change the category of the owner's plot to individual housing construction), indicating its address and cadastral number.

What is the difference between individual housing construction and SNT and DNP

Territories of land with the designation DNP and SNT can only become part of agricultural plots. In accordance with changes in legislation, DNP lands may sometimes be present in settlement areas. Territories for individual housing construction must always be located in the zone of residential buildings.

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Agricultural areas should not have high taxes. After all, this makes life difficult for farmers. Real estate tax is calculated based on the cadastral value based on expert assessment. Ideally, the cadastral price estimate should coincide with the market value.

Categories of sites

Plots intended for agricultural activities can be officially registered. However, it is almost impossible to change their purpose, and in any case they will remain country houses. Land for individual housing construction is much more attractive. The corresponding category is designed for the development of settlements, construction of buildings, structures and other objects of social significance.

Most Russians do not understand the meaning of transferring SNT to individual housing construction, since, at first glance, there is no significant difference in them. Experts note that an untransferred allotment during the construction of a residential building can cause serious problems, since in fact the object is located on the territory of the partnership, and the owner is obliged to obey the approved charter. The decision on the allotment is made by the chairman, elected by a general vote of shareholders. Each of the community members is guided by the existing rules and regulations of the current legislation.

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Transfer of SNT to individual housing construction

Collection of documents: applicant’s passport, extract from the cadastre, Unified State Register, consent to transfer the plot from one category to another.
Submitting an application. The document must contain all the information about the land plot, as well as an indication of the paper according to which the right to it belongs to the applicant. The documents listed above are attached to the application. All documentation is submitted to the local administration.
Consideration of the application. The total period for reviewing documents is 2 months.

The procedure, conditions and rights under which SNT members can use the specified property are determined at the general meeting of the partnership and are enshrined in the minutes. The property is acquired at the expense of the SNT participants , which means they have equal rights to it.

Transfer of SNT to individual housing construction

Public use:

Agricultural – for the development of livestock farming and other farming;
Settlements – for development and residence;
Reserve territories - transfer from state status to public status only when the status changes.

State appointment:

Particularly important and protected areas – nature reserves, sanctuaries;
Forest and water;
Special purpose - lands for defense facilities, radio and television broadcasting, etc.
It is possible to develop territories and live on them only if they belong to public plots.
In exceptional cases, state-owned plots are subject to a change in status. Development is prohibited on their territory. Residence, registration and their use for the development of livestock farming and other farming.

The territory should not be located at a great distance from communications - the land should be located on the territory of the settlement;
The administration should not plan to use the territory for future agricultural work - the land should not have the status of “agricultural use”;

What is the difference between SNT and IZHS 2020

Some situations even lead to litigation. Land intended for individual housing construction makes it possible to expand the range of rights that a citizen has who wants to register in a house located on the territory of such a site. Individual housing construction is much better suited for the construction of residential buildings, since this does not even require obtaining permission to construct a building.

Advantages and disadvantages of individual housing construction and SNT: comparison of operating principles

Since the site is meant for permanent residence, that is, shops, medical institutions, schools, kindergartens, roads, and so on. The site is not intended for residential use, so infrastructure may be limited to roads. Most plots are pre-connected to the sewer system, or each house is equipped with an individual drain. Property tax, payments for the use of resources, share contributions, payment for repair work.

Not all SNT plots can be converted into individual housing construction. If the land is located in a remote area, outside a city or town, changing the category will not be possible. It is impossible to provide an address for such a site; it is quite difficult to bring all communications necessary for life to it. This is what causes the refusal.

Transfer of a garden plot from SNT to individual housing construction

In order to correctly approach the choice of such a real estate property, you should keep in mind in advance that a residential building that can be built on the territory must be intended for housing only one family. In addition, it is necessary to register the rights to it within no more than three years after the land is acquired.

Submitting a corresponding application to the local administration, indicating in the document the original and desired category of the land property;
Attachment to the application of cadastral papers, title documents (sale and purchase agreements, deeds of gift, rent, inheritance, exchange) and other things;
Providing written consent certified by a notary on behalf of all co-owners of the property to transfer the garden or dacha plot to another category;
Expecting a response within a month.

How to buy a plot of land from the state for individual housing construction and how much it costs

If the auction is appointed by government agencies, applicants will not be required to undertake additional manipulations regarding the search for a site. In this case, all that is required on their part is a desire to buy the plot that the municipality has chosen. If the bidding is initiated by the buyer, the interested person will bear certain material costs for the manipulation of searching and preparing the land area.

Applications from citizens included in these groups are considered first. If the beneficiary submits an application to participate in the auction, then, most likely, the territory will be transferred to him on the basis of the priority right to acquire the land plot.

08 Feb 2020 juristsib 942

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