What does a plot owner need to know about transferring land to the individual housing construction category?

Types of land

Allotments fall into several categories. All of them are prescribed in the Land Code of the Russian Federation. Differences between plots and whether it is possible to build your dream home on specific land.

Category of plots - a share of the entire state land fund, which is divided into direct use and has a certain legal regime. All plots are divided into categories:

• agricultural purposes;
• industrial, energy, transport, areas for space activities, defense, security and other specialized applications;
• for settlements;
• specially protected areas and objects;
• forest fund;
• water fund;
• reserve plots.

There is also a permitted use (PRU) statement. There can be a great variety of them. For example, for individual housing construction, for running a personal subsidiary plot, for housing construction, for organizing a peasant farm, etc. Allotments of various categories can combine the same type of use.

The construction of your own house is permissible for 2 categories, for agricultural purposes and settlements. Individual housing construction is not included in an independent category, it is only RIV. Individual housing construction is a dwelling where you can live and register.

The legislation of the Russian Federation allows the construction of houses for living on plots for agricultural purposes of certain types:

• garden - the construction must be non-permanent and cannot be registered;
• garden - it is impossible to register and live;
• country houses - registration and residence are permitted.

Why is it better to transfer a plot of land from agricultural use to individual housing construction, if the construction of a house for living is still permitted?

The point is that individual housing construction has some advantages:

• registration when living in a house;
• you can get an address, with the ensuing advantages;
• the ability to install communications of the required power into the house;
• The municipal government should be responsible for the roads to the entrance of the house in the territory under its jurisdiction.

Disadvantages of individual housing construction:

• the tax on land for building a house is higher;
• if the construction of the house is not completed within 10 years, the tax increases;
• if construction has not started within 3 years, then the land may be taken away;
• the cost of an allotment for individual housing construction differs from others in a not very good way.

Transfer from dacha, garden or agricultural lands of SNT to a plot for private housing construction land

In this case, you will pay for everything yourself, since agricultural land is actually intended for the production of agricultural products - grain, milk, meat, etc., and not for the construction of houses and permanent residence.

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

On DNP lands there is no provision for connecting roads, gas, and often electricity and water supply to the sites. If the owner of the plot needs, for example, a road to his house, he will have to pay for its construction himself.

“Construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction” (Article 23N 217-FZot 07.29.2020) .

Starting from January 1, 2020, all of the above organizations must change their name and register as horticultural non-profit partnerships (SNT) and gardening non-profit partnerships (ONT).

Who owns real estate without registration in the Unified State Register of Real Estate

In conclusion, I would like to say: owners of non-legalized (that is, not registered in the Unified State Register of Real Estate) houses and other buildings on the lands of dacha, garden and vegetable garden partnerships need to hurry up and bring the documents into compliance with the law.

For people of retirement age, the fact of being able to register in an individual housing construction is especially relevant, as this opens up the opportunity to transfer receiving a pension to another address. The issue of registration is also relevant for families with children who need to send their children to kindergartens and schools at their place of residence.

1. Purpose. When building a house, a plot of individual housing construction is required, and SNT is allocated exclusively for vegetable gardening and horticulture.
2. Category. It seems possible to build individual housing construction within populated areas, and SNT and on agricultural land.
3. Registration. Individual housing construction plots represent land on which it is possible to register, while SNT plots do not allow registration.
4. Development.

The difference between individual housing construction and SNT

Individual housing construction means land that is intended for individual housing construction. Such plots are located on lands for settlements. Such plots have their advantages, for example, they have a “police” address, that is, a house on a plot with individual housing construction has a specific address with a street and house number.

1. the category of land can be transferred to the category of land intended for individual housing construction in accordance with the approved documents of territorial planning and land management.
2. there is no restriction on the transfer of land from one category to another at the level of federal legislation;
3. there is a positive environmental conclusion;

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Is it possible to change the destination category?

Agricultural plots are expensive at cadastral prices. When the category is changed, the price for the property decreases and the state loses the profit it had planned. Due to the luck of moving to the opposite category, it is necessary to compensate the state for the loss of part of the income. Which could be disadvantageous. Moreover, you can simply assign the status of individual housing construction to the agricultural plot.

It is possible to transfer an allotment from agricultural use to individual housing construction and is regulated by the Land Code of the Russian Federation and Law 172-FZ . According to this law, individual housing construction sites must be classified as settlement sites.

There is zoning of the state area according to the use of plots. If an agricultural plot is located outside the settlement limit, then it can be transferred only after the settlement limit has been moved.

This is permitted in the following cases:

• the plot is located directly to the boundary of the general plan;
• for the future, to plan the development of the settlement area.

It will be possible to transfer land for individual housing construction only in certain cases.

Advice! Just change the VRI. This will save time, stress and savings.

How to transfer a land plot to individual housing construction

If the purchased plot does not imply the possibility of residential development, then you need to transfer land ownership to individual housing construction on your own. However, not everyone is aware of how to carry out such a procedure.

The process of changing the category of land is regulated by federal legislation.

To implement it, follow these steps sequentially:

• submit an application to the local administration about the need to change the category of land ownership. In the text of the document, write down the data on the cadastral number, the established category of land, and also indicate the reasons for changing it to another and indicate the documents confirming your rights to this property;
• attach a package of required documentation to your application;
• Based on the results of consideration of the stated request, an act regarding the replacement of the category is prepared or a decision is made to refuse the procedure. For this purpose, the law establishes a two-month period, calculated from the date of filing the application. The applicant is notified of the decision in writing within two weeks;
• Current legal acts establish the grounds according to which the category of land can be changed. Refusal to this procedure cannot be ruled out. Often, when submitting an application, it is justified by the fact that the property is located outside the populated area. If the boundaries of the settlement have really changed and land ownership is within its boundaries, then changing the category is possible. However, if in fact this is not the case, the request will be denied.

As a rule, it takes about three months to transfer a site to another category. This is enough to prepare the necessary documents, consider the submitted application by the head of the municipality and register the changes made with the competent authorities.

However, the procedure may take longer. For example, if there are errors in the application submitted to the administration or insufficient documents.

From the above it follows that if the plot is located outside the settlement, the possibility of transferring it to individual housing construction is unlikely. Take this into account when purchasing real estate, because ignorance in this matter can cause a lot of trouble.

The principle of re-registration of a site for housing construction

The transition of the plot is regulated by Federal Law-172. This document provides 7 reasons for changing the category .

1. Conservation of plots, i.e. removal from circulation for some time. This is done to eliminate the growth of land deterioration and for rehabilitation.
2. Formation of specially protected natural areas.
3. Editing settlement boundaries. Example, increase in municipality.
4. Installation of industrial plants. Permitted only if the land is unsuitable for agricultural production.
5. Entry into the structure of forest, water funds or reserves.
6. Construction of roads, gas pipelines, railway lines, etc.
7. Fulfillment of the Russian Federation's obligations to the people. The peculiarity is that the value of the land is higher than the market average for the region by more than 30%.

The entire procedure takes from 0.7 to 1 year. At each level, you can find a negative answer, competently and reasonably formulated. If a positive response is received at the district level, business papers will be sent for approval. If the resolution is positive, the local administration receives a letter signed by the chief about enrollment in the state unit. land register on the desired type of use of the plot.

The cadastral value and the price of the allotment with the updated type of use are recalculated. Based on an extract from the state land cadastre, a unified state register is drawn up. The registration certificate is issued at the request of the owner.

Builders of cottage villages use the reason for changing the category, about changing the boundaries of the settlement.

What documents will be needed for this?

When changing plots, it is necessary to submit a petition for the transfer of plots to the executive body of state power or the district government body.

The request must indicate:

• cadastral number;
• land category group at the moment and whichever one you want;
• the translation must be justified;
• land ownership rights.

Should be attached:

• an extract from the cadastre about land data;
• copy of passport;
• an extract from the state register on the right to own real estate;
• conclusion of an environmental impact assessment when required by law;
• agreement of the owner of the allotment for changes.

Refusal may occur when the person sent is not the one who follows, the documents are not all or are drawn up incorrectly. Then the documents are returned after 30 days, where the reasons will be indicated.

Where to go to transfer land to another category

In accordance with the provisions of federal legislation, the decision to transfer land to another category falls within the competence of the administrations of the constituent entities of our state. In this case, the procedure should begin by contacting the municipality for approval of measures to expand the boundaries of the settlement.

If municipal authorities make a positive decision, the site can be transferred to another category. At the same time, do not forget that only the owner of the property has the right to submit an application to change the category. If the site is in shared ownership, then all co-owners should apply.

Use of agricultural land for individual housing construction

Land groups come to amendments quite rarely. The way to legally secure the use of an agricultural plot for individual housing construction remains more in demand. This is easy to do when:

• there is a gardening lot that involves construction;
• availability of dacha area.

On this plot, the construction of a country house, cottage, or residential premises is permitted.

It will be cheaper to build on permitted land. An individual house is allowed to be built only in gardening or dacha associations. Permission must be obtained before construction begins. This document gives the right to build an individual house or cottage.

How much does it cost to transfer land to individual housing construction?

The costs of transferring a site to individual housing construction today are determined based on the subject of the state in which the property is located, as well as its individual characteristics.

The total cost of the procedure consists of the following expenses:

• upon payment of state duty. It is 30% of the value of the land according to the cadastre. If the data on the cadastral value of the property is not known, contact Rosreestr and obtain the appropriate certificate;
• for the provision of notary services. Contacting a notary is necessary only in certain circumstances. For example, when land ownership is in shared ownership. In this case, each co-owner must obtain consent to transfer the land to another category. Expenses in this case are determined taking into account the number of co-owners of the territory and the number of documents completed;
• to pay for legal assistance. If you encounter any difficulties or are unable to personally handle the paperwork, seek the help of a qualified lawyer. The cost of such services may vary and range from 10,000 to 50,000 rubles (taking into account specific circumstances).

The process of replacing the category of land ownership with individual housing construction occurs on a paid basis - in some cases this can cost a fairly large amount (up to 200,000 rubles).

Before you start preparing documentation for transferring a site to another category, carefully evaluate all the positive and negative aspects of such an event, because it requires serious costs, both financial and time.