Article 11.9 of the Land Code of the Russian Federation ➔ text and comments. Requirements for created and modified land plots.

Home / Real estate / Land / Size of land

Back

Published: 11/16/2017

Reading time: 10 min

290

General requirements for land plots for individual housing construction are formulated in the Land Code of the Russian Federation. In each region there are regulations that define the minimum and maximum sizes of plots.

Norms and regulations
Minimum territory size for individual housing construction
Maximum size of land plot for construction of a residential building

A land plot for individual housing construction is a land plot on which the construction of a separate residential building, no more than 3 floors high, owned by one family, is legally permitted.

Legislative system

The search for answers to questions begins with the Land Code. In Art. 11.9 it is noted that maximum sizes of land plots are established. They are specified in urban planning regulations or rules of development and land use.

Regardless of which document regulates the minimum sizes of land plots, they are adopted at the municipal level.

In cities of federal significance, both land use rules and urban planning regulations are adopted by city authorities, and not by municipal councils.

If land plots are not subject to regulation by local authorities, issues are resolved by federal authorities. However, these are exceptions that do not affect ordinary citizens interested in the allocation of land for development, personal farming and other needs.

Minimum dimensions

According to Article No. 33 of the Land Code of the Russian Federation and letter of the Ministry of Economic Development No. D23-1142 dated March 21, 2011, the minimum values of land available for allocation to citizens for gardening purposes and summer cottage construction are determined by the regulatory documents of the constituent entities of the Russian Federation, which can also be based on the provisions of specific municipalities.

Table of minimum area values for regions and territories of the Russian Federation

Subject or territory	Horticultural Application	Gardening application	Country construction	Unit measurements
Moscow region	0,06	0,04	0,06	ha
Saint Petersburg	200	200	600	m2
Leningrad region	0,05	0,01	0,05	ha
Novosibirsk region	0,04	0,04	0,04	ha
Sverdlovsk region	0,11	0,31	0,26	ha
Nizhny Novgorod Region	0,02	0,02	0,10	ha
Krasnodar region	400	600	400	m2
Kamensky district of Tula region	0,04	0,02	0,05	ha

Dimensions meaning

The minimum size of a land plot makes it possible to use it for its intended purpose, observing sanitary and other standards. That's what the law says.

If the size of a plot when dividing or changing its boundaries does not meet the requirements, then transactions with it are not registered. An exception is if the site was formed before the adoption of land use rules and urban planning regulations, and the rights to it were timely registered.

When filing claims for the division of common property, the court refuses if it is impossible to meet the requirements for the minimum size of the new plot.

Minimum land plot size

The exact sizes of land plots intended for individual housing construction vary depending on the region in which a particular citizen intends to operate. The reason for this is that the standards are set by regional legislation, which differs in each individual region.

At the same time, special attention should be paid to the fact that, regardless of the circumstances, regional regulations cannot in any way contradict the norms prescribed in the Constitution and Federal legislation.

In the vast majority of cases, the minimum size of a plot intended for the construction of your own residential building is at least three acres, but in any case, this norm is individual and in some regions can exceed this figure several times. It is for this reason that it is best to first contact the relevant government agencies and find out exactly what minimum area is provided in the territory of a particular region.

For individual housing construction	As mentioned above, the minimum area of a plot is established in accordance with the regional legislation of an individual subject, since using a standard approach in relation to land plots throughout Russia would simply be inappropriate. As a standard, land plots with an area of at least three acres are provided for housing construction.
For gardening	In accordance with the norms prescribed in the Land Code, today the following indicators are provided for the minimum areas of land that can be provided to citizens from various municipal or state plots for conducting gardening activities: gardening – 0.05 ha; construction of country cottages – 0.05 hectares; arrangement of a vegetable garden – 0.01 hectares. In accordance with current legislation, before delineating state property, the gratuitous transfer of land plots will be carried out in accordance with the standards established by current legislation. Thus, a certain plot of land can be provided to citizens only once. Read also: Transfer of Land from Vegetable Gardening to Izhs
When surveying or dividing	If a person is the legal owner of a certain land plot, having all the necessary documentation for it, he may need to carry out a procedure for dividing the land plot for the subsequent sale of a certain share of this property. At the same time, not everyone takes into account that in the process of dividing a site it is necessary, first of all, to carry out land surveying of this territory. This procedure can only be carried out by authorized cadastral engineers, and in the process of carrying out this activity, a certain share of the territory is allocated in kind, and a plan is drawn up for all the resulting areas. With the received documents, the interested person applies to the territorial cadastral registration office, where the person will need to be informed in writing that the previous plot will be completely deregistered. Then, both resulting properties will be registered anew in the name of a certain citizen, as a result of which each plot will receive a unique cadastral number, and the owner will be provided with a passport, on the basis of which he will subsequently be able to officially register his property rights. Thus, there is nothing complicated in carrying out this operation, but at the same time it provides for certain nuances, such as, for example, the fact that the current legislation does not establish a minimum plot size. It is possible for local authorities to amend this standard, but in any case the essence will remain the same - if at least one of the allocated territories does not comply with the established standards, it will no longer be possible to register your property rights. In addition, it is worth noting the fact that the total area of the resulting plots should not be greater than the actual size of the old landholding. In the process of dividing a plot between owners, each of them will have to correspond to a certain category. If the interested person is not the sole owner of a certain land plot, then in this case the decision on the basis of which the procedure for dividing the territory will be carried out is made by all persons who have the right to own the specified property. In the end, all of them can still remain co-owners, only they will already have two plots of land at their disposal, with each being given a corresponding share. Once ownership has been accurately determined, the appropriate application form can be completed. Thus, after the division of real estate, land ownership legally ceases to exist, and in its place two completely independent plots appear. Moreover, even from this rule there may be certain exceptions regarding gardening partnerships, since in this case, even after division, the existing territorial boundaries are preserved, as well as the legal force of various documents.
Agricultural purposes	In this case, everything also depends on the specifics of regional legislation. Thus, for example, in Moscow the minimum sizes of such land plots are established in accordance with Government Decree No. 3/59-P, which was published on May 28, 2003. Thus, in the capital, land plots intended for agricultural activities must have a certain area corresponding to their specific purpose, namely: farm - at least 2 hectares; gardening activities - not less than 0.06 hectares; gardening activities - at least 0.04 hectares; construction of dacha real estate – at least 0.06 hectares.
Under private plots	A plot for private plots can be provided to citizens for use or acquired by them legally at cadastral value. If a certain territory is issued by the state or local authorities, then its dimensions will be limited by the standards established in accordance with regional legislation. Thus, for example, in Vladimir plots cannot be less than 0.04 hectares, while in Cheboksary the minimum area is 1,200 m2. One family property may have a limited area of land, and in accordance with general rules its size cannot be more than 0.5 hectares. It is worth noting the fact that regional authorities have the right to expand this area, but in any case it cannot be more than 2.5 hectares. Thus, for example, in the Vladimir region it is possible to obtain such a land plot with an area of up to 2.5 hectares, while the authorities of the Chuvash Republic provide for the possibility of issuing territories with an area of no more than 1 hectare.
Newly formed	The provisions of Article 11.9 of the Land Code establish a complete list of requirements that apply to newly formed or amended land plots provided for by current legislation. It is worth noting the fact that this code also establishes the concept of minimum and maximum limits. Thus, the minimum threshold represents a certain area provided for sites for a specific purpose. In particular, for example, for dacha areas, it is possible to issue a plot with an area of at least 0.6 hectares, while garden plots can have an area of 0.4 hectares (these indicators are established for Moscow and may change in other regions). Each individual region sets its own indicators, but in any case, standards must be adopted in accordance with the current Urban Planning Code, as well as various legislative acts in this area. For example, maximum and minimum thresholds for a particular settlement will be established based on the data specified in the general cadastral scheme of all territories, as well as taking into account the requirements of various citizens. Article 11.9. Requirements for created and changed land plots
Under apartment buildings	In accordance with the norms of land legislation, it is possible to determine the minimum size of land plots for apartment buildings. It is worth noting the fact that the implementation of this right regarding determining the area of the land plot required for the placement and subsequent operation of an apartment building is not advisable. If the area of the required land plot is taken as a minimum, then in this case any claims of citizens who have the right of ownership to a different premises inside the house, to have the right of common shared ownership of the territory, will be limited exclusively to its boundaries established by the current legislation.

In what cases should you pay attention?

The Land Code provides several options:

section of the site;
redistribution of the site;
allocation of a share from common property.

Division is the cessation of the existence of the primary site and the emergence of new objects, in particular, they are assigned new cadastral numbers and are placed on cadastral registration.

Redistribution - the formation of new areas by changing the boundaries of previously existing objects. The procedure is carried out for adjacent objects.

When allocating a share, the old object is preserved, its boundaries and area are changed, and a new site is formed. Both must meet minimum land size requirements.

How to obtain permission to change construction parameters online in the Moscow region

To change the height or other dimensions of a building during construction or reconstruction, permission from the Head of Architecture of the Moscow Region is required. Moreover, you can receive it electronically. How to do this, read the material on the mosreg.ru portal.

What limit parameters can be changed

Source: , pixabay.com

Permission can be issued to change the following limit parameters of construction (reconstruction):

- number of floors;

— object height;

— minimum setbacks from the boundaries of land plots in order to determine the permissible locations of objects outside of which construction is prohibited (this parameter also applies to the underground parts of the building, for example, parking);

- maximum percentage of development within the boundaries of the land plot.

You can get permission if:

— the characteristics of the land plot are unfavorable for development;

- the site and the object are located on the territory in respect of which the approved land use and development rules (LRU) apply - information about the LRU is published on the official website of the municipal administration;

— the type of use of the site is not conditionally permitted.

If the site is located in a historical settlement, the owner will not be able to change the number of floors, the height of the building or the architectural design of the property.

How to make changes to the general plan online in the Moscow region>>

Procedure for obtaining permission

Source: RIAMO

Permission to deviate from the maximum parameters of permitted construction is received by the owner of the land plot - an individual or legal entity, individual entrepreneur. He can submit an application through the government services portal of the Moscow region.

To do this, you must submit the following documents:

- passport;

— title documents for real estate objects, the rights to which are not registered in the Unified State Register of Real Estate;

- statement;

— a diagram of the location of the land plot (you can prepare it yourself or contact the design organization; the diagram displays existing and planned objects indicating characteristics, parking locations, as well as panoramic photography of the area);

— consent of the participants in shared ownership of the land plot and capital construction object (in free form, indicating the cadastral number of the plot and passport details of the shareholders);

— documents confirming compliance with the requirements of technical regulations when locating the facility planned for construction (reconstruction);

— documents confirming that the characteristics of the land plot are unfavorable for development.

If desired, the applicant may submit:

— an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to real estate;

— an extract from the Unified State Register of Real Estate about a zone with special conditions for the use of territories, a territorial zone, the territory of a cultural heritage site, a territory of rapid socio-economic development, a zone of territorial development in the Russian Federation, a gambling zone, forestry, a forest park, a specially protected natural area, a special economic zone, hunting grounds, coastline (border of a water body), territory surveying project;

- extract from the Unified State Register of Legal Entities.

How to make changes to land use and development rules online in the Moscow region>>

Public hearings and deadlines

Source: Photobank of the Moscow region, Boris Chubatyuk

Permission to deviate from the maximum parameters of permitted construction is issued after public discussions or public hearings. They are carried out to inform the population; the results are advisory in nature, but are taken into account when making decisions.

Whether to grant permission or not is decided by the Head of Architecture of the Moscow Region. 47 working days are given to make a decision.

How the portal for shareholders in the Moscow region works>>

Going beyond

Decisions of local authorities may provide for exceptions that are not affected by the requirements:

previously formed objects put into operation before the new rules came into force, or on the basis of permits issued before the new rules came into force;
areas allocated for block construction;
plots allocated at the regional level for development to large families and other citizens registered as needing housing.

Local authorities may establish other exceptions to the rules on the minimum size of a land plot. The establishment of a time frame for the validity of new rules can be regulated differently.