When starting to plan your existing plot of land, you need to take into account not only its future appearance. Before you start, prepare everything you might need. Materials and documents required for drawing up a land plot plan:
- soil map;
- certificate of groundwater flow;
- wind data;
- land plot diagram.
Tools needed for territory planning:
- rangefinder;
- measuring ruler or tape measure;
- notebook.
ASSESSMENT OF THE CONDITIONS OF YOUR LAND
It is quite natural that a lot depends on the size of your land plot. On 30 acres, when developing a plan for placing the buildings and objects you need, you can start not so much from the terrain and conditions of the land plot itself, but from your preferences and aesthetic considerations. A plot of 12 acres will require serious efforts from you to place the buildings compactly.
Planning should take into account the following characteristics:
- The terrain of the site. Subsequent construction and construction costs will depend on it. For example, if the site is hilly, then it is quite possible that it will have to be leveled, tearing down hills and filling in depressions and potholes. This needs to be taken into account when making a plan. If you have 30 acres at your disposal, then it is wiser to plan future buildings based on the relief, without changing it. On a plot of 12 acres, you most likely will not be able to avoid leveling the terrain.
- Size and shape of the site. Sometimes the shortcomings of an allotment can be turned into its undoubted advantages. For example, if the plot is wedge-shaped, then at its “narrow” end you can place outbuildings that will not be visible from the entrance to your territory, since they will be covered by the house.
- General architectural and planning structure of the settlement. First of all, you should pay attention to the characteristics and condition of access roads. And if the village has general requirements for the appearance of the plots, then when thinking through the plan, you will also have to take them into account.
- Soil type and groundwater availability.
- Wind rose and natural light of the site.
Registration and preparation of a boundary plan - deadlines
The period for preparing a boundary plan depends not only on the work of the cadastral engineer, but also on how long it takes to agree on boundaries with neighbors and other factors influencing the period.
After all the necessary cadastral work has been carried out and the survey plan has been recorded on disk, it must be submitted to the Rosreestr authorities (usually this is done through Multifunctional Centers) in order for the land plot that has undergone surveying to be registered in the cadastral register.
Read more about the timing of preparing a land survey plan in the article: “How long does land surveying take?”
SOIL TYPE ON THE LAND
The drawing up of a plan and further construction depend on the type of soil and the depth of groundwater veins. In particular, the characteristics of buildings and their construction (for example, the type and thickness of the foundation), the layout of garden paths, the plants that you are going to plant, and so on. Not to mention the fact that the water supply of a summer cottage, the location of the well and the pump depend on the presence, abundance and depth of groundwater.
Soil composition is also important for gardening planning. So, if the soil on the site is infertile in its composition or has deficiencies (for example, acidic), then you will need to fertilize it in the future, or even bring in more fertile soil.
The easiest way to determine the composition of the soil is from soil maps that are available to former land owners, for example, in the village administration.
But you can decide on the composition yourself by rolling a lump of soil between your fingers into a flagellum and bending it into a ring. Clay soil is plastic, and if it is present, then there will be practically no cracks on the flagellum. The presence of cracks indicates that the soil is loamy. Breaking the flagellum in half is typical for light loamy soil, keeping it intact, but the presence of a large number of cracks characterizes medium loamy soil. If it was not possible to roll the flagellum, then sandy soil predominates on your 12 acres.
Samples for this type of analysis should be taken not from the surface, but from a depth of 10-15 cm and from different ends of the site. The results obtained, of course, will be very approximate and give only a general picture.
The acidity of the soil can be determined using litmus paper or an express test, which are sold in stores that sell gardening supplies.
Who is preparing
Preparation of a project at the request of a citizen (individual) or organization is the responsibility of a cadastral engineer. For preparation, you must provide the following documents:
- the applicant's identity card;
- application for drawing up a draft land plot plan;
- document granting ownership of a plot of land (for newly formed plots).
GROUNDWATER, WIND ROSE AND NATURAL LIGHTING OF THE SITE
The chief architect of the area in which your site is located should have all the information about groundwater. But such data can be obtained independently.
A well with a depth of 1.5-2 m is drilled on the territory of the land plot. If you have a plot of up to 12 acres, then you can get by with one such well. If you have 30 acres or more, you will have to drill several holes in different places on the site. After waiting for the water to settle, you need to measure its depth and, based on it, plan further work on the site. If the mark is higher than 1 meter, this means that your area is swampy. If water accumulates in the well less than 0.2 m, then the groundwater is too deep and the soil will be dry. The optimal parameter is 0.6-0.7 m.
A wind map can be obtained from your local district or regional weather service. The layout of a summer cottage largely depends on the type of prevailing winds. So, for example, if in the area where your plot is located, predominantly northern or north-eastern winds blow, then you cannot do without a protective wall of ornamental trees, otherwise landscape and garden plantings will suffer.
The location of buildings and plantings relative to the cardinal directions and the competent selection of plants, and therefore the layout of the site, depend on the natural illumination of the territory.
Electricity supply
In low-rise areas, electricity is transmitted through overhead lines. An electric pole installed next to the house should not block the entrance to the yard. Electrical wires extending from it must be at a height of at least 2.75 m from the ground surface. If the outlet is from the side of a street with vehicle traffic, the wire must be at a height of 6 m. The maximum permissible length of the outlet from the line to the house is 25 m.
In other cases, additional support must be installed. The line must be insulated. The minimum distance between the phase and neutral wires is 0.2 m. The places where the wire comes into contact with the building and passes through the walls must be very well insulated. At the entry points, the end of the pipe is directed downward to prevent precipitation from entering it. It is prohibited to run electrical wires above the roof. Access to external wiring should not be from the balcony or windows of the house.
ZONING OF LAND
Planning an allotment involves dividing its territory into zones for buildings, household work, and growing various plants, depending on what the specific zone will be intended for. Naturally, a large area, from 30 acres, provides great opportunities for zoning, while 12 acres greatly limits the possibilities and imagination of its owners.
Zones are usually divided into the following categories:
- Recreation area, which includes gazebos, fire pits and barbecues, swimming pools, decorative ponds, playgrounds and the like;
- Residential area, that is, the house itself;
- The economic zone, which includes buildings for household purposes: barns, garages, premises for keeping livestock, compost pits, toilets, wells and wells, and so on;
- A garden or park area, including garden plantings, greenhouses or landscape design.
All these areas must be included in the plan.
Layout scheme for L-shaped plots
Oddly enough, such a non-standard form is not as bad as it might seem at first glance. The unusual shape can be used for planning in a rather advantageous way. One of the main advantages is that such a territory cannot be covered at once. Let us give an example of planning such a summer cottage. The main task of planning is to visually enlarge the territory, making it sufficiently open.
Taking into account the small size of the plot, the layout of such a plot includes a house with a terrace, a parking lot, a bathhouse, a recreation area, a small vegetable garden, a playground, a small barn, a garden with fruit trees, flower beds and a lawn.
The protruding part of the site, which seems to be hidden from view, should be used to build a recreation area. An open part of the territory, as it may seem, can become a surprise in the form of a secluded resting place. This creates a so-called garden within a garden. Walking around the house, you can see a barbecue area.
With all the variety of methods for planning a summer cottage, there are general principles for performing this process. A specific plan depends both on objective reasons (geological, geodetic, climatic indicators of the area) and on subjective ones (the desires, imagination and capabilities of the developer). The planning process is creative, it's all up to you.
To erect legal buildings on your land, you must have the appropriate permit in hand. It is impossible to obtain it without submitting a number of documents to the authorized municipal body, including a plan for the planning organization of land plots (SPOZU). It is also called a land development plan.
Next, we will consider what it is, its sample for private housing construction, as well as the rules governing the preparation of this document.
MANDATORY STANDARDS FOR ZONING A LAND
When planning zones, it is necessary to take into account not only design requirements, but also mandatory sanitary standards, which are specified in regulatory documents and do not depend on the territory of the site itself: they are the same for everyone. Otherwise, you risk not only worsening your own living conditions, but also may be subject to very serious fines or sanctions, including the demolition of structures.
The following parameters must be remembered:
- Mandatory distance from residential buildings to utility facilities (toilets, wells, premises for livestock, etc.).
- Mandatory distance from residential buildings to the roadway, including the access road.
- The location of buildings, depending on the type of material from which they are made and their ability to catch fire.
Naturally, on a plot of 30 acres or more it is easier to comply with these requirements than on a plot of 12. But when planning your territory, it is still worth taking into account existing standards. You can clarify the requirements in the relevant regulatory documents.
Layout of plots
Advice from lawyers:
1. Drawing up a diagram of the location of the boundaries of the site, how does this happen?
1.1. Hello. Land surveying.
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2. The administration refused to approve the layout of the land plot.
2.1. Natalia, from your question it is not clear what the land plot is intended for and the reasons for the administration’s refusal. Sincerely, Sergey Filin 8-961-645-62-18
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3. The layout of the land plot was approved on August 26, 2009. Is it possible to carry out land surveying based on such a layout?
3.1. Hello, no it is not possible. The scheme is valid for 2 years.
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4. I am the owner of the entire apartment in an apartment building consisting of four apartments. Based on the owners’ appeal to the land management of the administration, a land plot from the land of settlements for the operation of apartment buildings was formed according to the layout of the land plot. There is a Resolution on the formation of a land plot. Question: How to determine the procedure for using this land plot between the owners?
4.1. Andrey, everyone uses common property by common consent. This means that it is necessary to hold a meeting of owners and determine the procedure for using the lease. If we cannot reach an agreement, the issue will then have to be resolved in court. Chapter 16 of the Civil Code of the Russian Federation is devoted to issues of use of common property. Study it, it will be a good help for you in resolving the issue.
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5. The city administration returned (returned, not refused) my application for preliminary approval of the provision of a land plot, because a layout diagram of the land plot was not attached, although the plot was not newly formed. Can I file an administrative claim against this response and ask the court to oblige the administration to pre-approve the provision of a land plot?
5.1. In any case, not only the decisions of officials, but also their actions may be subject to challenge. In your case, this is the return of the application.
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5.2. Good afternoon. Yes, you can, but in order to assess the chances of receiving a positive court decision, it is advisable to see the administration’s response directly, as well as study the situation in more detail.
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5.3. Attach the diagram and submit again.
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6. I liked the free space within the village. How to prepare a plot layout diagram (the plot has not been formed) for submitting an application to the administration with a request to rent it for private household plots?
6.1. You can prepare the diagram itself by hand, observing the proportions of length and width. If possible, indicate adjacent areas if there are numbers or landmarks there. The best thing to do is contact the administration, they will look at everything according to the plans, according to the description.
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7. Is it legal to refuse preliminary approval for the provision of a land plot (refusal to approve a layout plan) due to the fact that the red lines of streets are not established in the general plan?
7.1. There cannot be such a justification for refusal - contact a lawyer with the document.
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7.2. Hello. I absolutely agree with Irina Dmitrievna. If the refusal is made precisely on this basis, then it is illegal. The refusal can be appealed through administrative proceedings. For more detailed advice, please read the full text of the refusal.
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8. The representative of the plaintiff in an administrative claim challenging the refusal to approve the layout of the claimed land plot indicated inaccurate information: he wrote that this is h. Uch. Selected, indicated its area and cadastral number, which has long been archived and had a completely different area. And this served the court to make a decision pleasing to the plaintiff. This was in 2020 and I became aware of it in 2020. How can I raise this issue?
8.1. Hello. Most likely, you need to go to court with a statement on newly discovered circumstances, Art. 350 CASS or seek grounds for a new trial. It will no longer be possible to appeal the court decision on appeal, since more than a year has passed.
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8.2. Good afternoon There are NO newly discovered circumstances! In this case, the decision must be in absentia if you are the defendant and did not take part in the consideration of the case. Contact the court and get a copy of the court decision. Submit an application to the court to cancel the default judgment and, at the same time, an application to restore the procedural deadline. If the decision is NOT in absentia, file an appeal also with a request to restore the procedural deadline. Consideration of the case in the absence of the defendant, who was not notified of the consideration of the case, is an unconditional basis for canceling the decision.
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9. In accordance with clause 7 of article 11.9, clause 3 of clause 16 of art. 11.10, clause 2 of article 85 of the Land Code of the Russian Federation, clause 4 of art. 30 of the Town Planning Code of the Russian Federation, the administration of the town of Kildinstroy refuses preliminary approval for the provision of a land plot and approval of the layout of the land plot on the cadastral plan of the territory for gardening.
9.1. What is the question for the lawyers? If the land plot does not meet the requirements of the Land and Town Planning Code, then the refusal is legal. The formation of a land plot whose boundaries cross the boundaries of territorial zones, forest districts, and forest parks is not allowed.
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10. In the 2020 boundary plan, the layout of the land plots does not correspond to the layout of the territory of the block. The plot was deregistered in 2020 without my knowledge by proxy. Is it possible to restore the registration of a previously registered plot using an extract from the household ledger?
10.1. You need to know what title documents you have for this site. And for what purpose was it removed from the cadastral register? Please complete your question here or by phone.
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11. Does the administration of a rural settlement have the right to approve the layout of a land plot for itself, that is, the administration when the land belongs to the district.
11.1. Unknown. It is necessary to look at exactly what powers in the area of land management were assigned by the municipality to this settlement.
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12. Is it possible to register the land provided to my father in the early 90s for personal farming, if he did not register it in any way and died in 2004... the land belongs to the village. When contacting the administration, they only received a copy of the 1994 land inventory and a diagram of the location of the plot on the map, which indicated that the land belonged to the father. There is nothing more! In Rosreestr this site is not registered with anyone, they said it was deregistered in 2006.. what could be our actions?
12.1. Prepare all the documents that you can find in your possession from the moment of receipt to the present, including inheritance, kinship, etc. Call the cadastral engineer assigned to your territory. The duties of the cadastral engineer include clarifying the status and any information on the land plot. He also submits information to Roskadastre within a month.
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13. I bought a house in the city with a barn. The cinder block shed was built in 1998, 50 cm from the border with the neighboring plot of land. There is a technician for the house and barn. A passport with a diagram of their location on my land. plot. The neighbor demands that the barn be demolished. What were the permissible distances to the boundaries with neighboring plots for the construction of outbuildings? buildings in 1998?
13.1. This issue requires more work with documents, and therefore does not apply to a free consultation. Select a lawyer on the website and contact him in a personal message.
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14. In the Dmitrovsky district, the village of Tatishchevo, I have a house (decorated as an apartment), in front of the entrance to the house there is a garden of 500 sq. m. m. I want to register it as property without bidding for a vegetable garden. There is a diagram of the location of the land plot on the cadastral plan of the territory. What should I do next?
14.1. To answer your question correctly, you need to familiarize yourself with the cadastral documents.
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14.2. If the layout of the land plot is approved by the administration, then carry out cadastral registration and submit an application for an auction in the manner prescribed by Article 39.11 of the Land Code.
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15. Owns a garage in GSK. They wanted to privatize the land underneath it. We carried out land surveying and submitted an application to KUIZ for approval of the land layout plan. plot. However, KUiZo refused approval on the basis that “... The resolution of the City Administration approved a project for surveying the territory within the boundaries of which the requested land is located. uch." What should we do next, where should we turn and is it even possible to privatize it?
15.1. Good afternoon You must read the disclaimer. In accordance with current legislation, if there are grounds, it is necessary to file an application with the court to challenge the refusal.
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16. They refused to approve the layout of the site for a private house in which we have lived since 1978.
16.1. Depending on the reasons for the refusal, appeal the decision in court.
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16.2. What is the basis for refusal? If it is illegal, appeal it in court.
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17. Submitted documents for the state. cadastral registration of land. Received a refusal due to the absence of a land surveying project in the documents. The site is owned by a horticultural non-profit partnership. There is an approved layout of the site and a resolution of the city administration on the provision of ownership of the land plot.
17.1. Hello Rafael! You need to contact a licensed cadastral engineer regarding the issue of carrying out cadastral and boundary work on the land plot, after which it will be possible to contact the Cadastral Chamber for registration of the land plot with the state cadastral register.
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17.2. In general, SNT itself must first be dissociated. Go to the chairman, find out whether the general plan of the SNT-borders has been agreed upon with him. Then you can decide whether to go to court.
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18. In 2020, the court approved the layout of adjacent land plots. For certain reasons, the areas have so far remained without land surveying. Information about them in the Unified State Register has not been changed. According to clause 15. Article 11.10 of the Land Code of the Russian Federation, the validity period of the approved layout plan is two years. Does the scheme need to be re-approved?
18.1. You do not correctly understand and state the court's decision. The court does not have the right to approve the layout of a land plot on the cadastral plan of the territory by force of law. In accordance with the Land Code of the Russian Federation (Article 11.10), the layout of a land plot is approved by a decision of the executive body of state power or local government authority authorized to provide state or municipally owned land plots. Two years is the validity period of the decision of the executive body of state power or local government to approve the layout of the land plot and has nothing to do with the court decision. Most likely you had a dispute about the boundaries of land plots (or another dispute of a similar nature). In your case, the court decision will serve as the basis for carrying out cadastral work (land surveying) in relation to land plots. The court decision has no validity period. You have the right to conduct land surveying at any time in accordance with a court decision.
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19. Is it possible to make additions to the cassation appeal of the Supreme Court accepted for consideration if I learned that an earlier decision in another case, but with the same parties to the dispute, was made in violation of Art. Federal Law. Namely, previously the boundaries of the land plot under the apartment building were approved according to the layout of land plots, and not in accordance with the territory surveying project. If possible, then how to do it correctly?
19.1. Document this in a document called “Addition to the cassation appeal.” Submit through the court office. We must accept and consider your additions. The only obstacle may be if you submitted this document outside the cassation appeal period.
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19.2. Hello, Alexander! You can submit an addition to the cassation appeal and ask for the case to be sent for a new consideration, because if there is a court decision that has entered into legal force, in which the parties are the same persons as in this claim, you can appeal the existing court decisions based on newly discovered circumstances. The new court decision will have prejudicial significance (as indisputable new evidence) Art. 331 Code of Civil Procedure of the Russian Federation. For legal assistance, you can contact the site’s lawyers, because everything needs to be done correctly.
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20. What to do if, in response to the prosecutor’s protest, the city administration repeatedly entered inaccurate information about the type of land use code. How to cancel in full such a resolution on the approval of the layout of a land plot. Write the procedure itself for how such resolutions are adopted to see where the administration failed to comply with this procedure. How is the preliminary draft of this resolution going, etc.
20.1. To begin with, please show a copy of the resolution. And then we will delve into from the original what it is about and how to deal with it.
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I am trying to privatize a garden plot as part of SNT, which I have been using since 1981.
Please tell me, this is the situation, the neighbor’s house is located on the border of our site,
The cadastral plan and layout diagrams for the dacha plot were made in November 2009. You haven’t registered ownership of the plot, do you now need to order a new cadastral plan?
Tell me what documents are needed to recognize ownership of a land plot and real estate,
I am drawing up an extension to the land plot, I received a resolution from the administration approving the layout of the land plot,
I made a layout diagram for my plot of land, and it turned out that the neighbor’s plot was partially superimposed on my plot.
By a court decision..."oblige the administration to provide ownership (for a fee)
I won the court of second instance to the administration at my place of residence for recognition
In the cadastral extract for a residential building located on the territory of SNT, in the village.
The Sheregesh village administration told me that they have no free land, how can this be?
By a court decision, the administration was obliged to provide ownership of a land plot of such and such an area with specific coordinates of turning points and for a specific price, i.e.
LAND LAYOUT
It must be remembered that when we are planning our future country house, we need to take into account not only the design and its requirements, but also the slightest nuances of convenience and comfort of future life.
After you have done all the preparatory work, you can begin to draw up a plan for your plot of land, start thinking about what kind of objects you want to place on it and how they will be tied to the area and to each other.
It is quite natural that if your plot area does not exceed 12 acres, then the buildings will be located more compactly. In large areas, you can pay attention to landscape design.
If you are going to conduct gardening activities, which is important on a plot of 12 acres, then the calculation must be made based on the needs of the garden plot: 70 m2 of beds and 30 m2 of greenhouses will be quite enough (this calculation does not take into account the territory on which the plant will be planted). potato).
Trees with an extensive crown should be located closer to the north side of the site so that they block the cold wind, and this should also be immediately included in the plan. On a plot of 12 acres, it would be wiser to plant fruit trees: cherries, apple trees, plums, and so on. On large areas, from 30 acres, on the north side of the site it is better to place decorative plantings, and for fruit trees to choose a more suitable place so that their fruitfulness is higher.
But the location of the recreation areas depends on your personal desires. If you prefer coolness and shade, place your gazebos and children's playgrounds closer to the trees. If you prefer the sun, stay away from the crowns. On plots of 30 acres, you can plan a recreation area so that part of it is in the shade, and part is open to the sun. If you have 12 acres, then you most likely will not be able to achieve such an effect.
Driveways look good framed with decorative shrubs - this design will help create a more cozy atmosphere. But you should not plant berry crops, as their fruits will not be eaten. On the back side of the buildings, if they are on the sunny side and not additionally shaded, you can plant trellis plants: grapes or strawberries. They will simultaneously decorate buildings and bear fruit. Near the entrance to the house, at the porch or near the summer kitchen, you can set up beds with spices: mint, basil, dill and the like.
It is also wiser to plant verandas and terraces, especially those facing outbuildings, with shrubs so that they cover unsightly parts such as a compost pit or toilet. In addition, this way you can support the overall design by combining the site into a single solution. But it is best to place a children’s playground or recreation area on the veranda side: a lawn with an inflatable pool, a veranda. It’s good if the playground is also visible from the summer kitchen or food preparation area in the house - this way the children will be constantly supervised. Immediately add these nuances to your plan.
What is taken into account in the scheme
The site plan is complex technical documentation that takes into account the following data:
- information about the topographic plan of the area;
- land ownership boundaries established when allocating the site;
- data on other sites that are in the immediate vicinity;
- information about capital structures located on the site or adjacent territories;
- title documents (electronic extract from the Unified State Register of Real Estate).
LOCATION OF A RESIDENTIAL HOUSE ON YOUR LOT
Our houses are traditionally facing the street, but if you build it deep in the plot, you can avoid unnecessary noise and dust from the road. You should not locate the house on the south side - this will cause the rooms to warm up too much, and sunlight from dawn to dusk is not always appropriate. It is wiser to allocate the southern side for a garden or vegetable garden.
Place sanitary buildings (toilet, garbage disposal) and compost heaps at a distance and preferably in the most ventilated part of the site. This way, the unpleasant smell will not penetrate into the home.
Documentation
It will take a lot of time to agree on land development standards (private sector).
The simplest thing is to write an application to the Office of Architecture to obtain a building permit. A package of documents is attached to it.
If the site is owned, you will need:
- Petition addressed to the head of the district.
- Resolution of the State Administration on permission for construction.
- A copy of documents confirming land ownership.
- Situational plan of the building, which displays the location of the object in connection with populated areas, energy, heat and water supply networks, and sewerage.
- Situational site plan.
- Development project.
- General plan of the site.
- Permits for connecting communications.
- Purchase and sale agreement for the plot.
- Floor plans.
- Topographic survey of the site.
- Registration of the object in Glavgosarkhstroynadzor.
- The act of establishing the boundaries of the site.
The design of the basement, floors, facade, floors, roof system, roofing, foundations with architectural and construction units and details is submitted as a separate folder. Also included is an explanatory note and economic indicators, construction estimates, and drawings.
The issued permit must indicate the type of land use: “development of an individual housing construction plot”, “for dacha construction”.
The document is issued if there is a site plan and an organization diagram indicating the location of the house.
A land development plan (sample, standards are shown in the photo below) must be drawn up before the start of all work.
