What are agricultural lands and permitted types of their use?

Agricultural land - what is it?

The definition is given by the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation). In Art. 77 says that these are lands that meet two criteria :

• located outside the populated area;
• designed and used for agricultural needs.

What applies to such lands

Categories of agricultural land are also enshrined in the Land Code of the Russian Federation:

• agricultural grounds;
• territories containing objects for the protection of such lands - communications, roads, forests and water bodies;
• territories containing buildings and structures for storing and processing received products.

Who can use

Categories entitled to use agricultural land:

• peasant farms (peasant farms);
• personal subsidiary plots (LPH);
• citizens engaged in gardening, vegetable farming and livestock farming;
• non-profit organizations, religious communities and consumer cooperatives;
• Cossack societies;
• organizations carrying out scientific and research activities;
• indigenous peoples of Russian regions.

Nuances of the selection procedure

It is important to know whether it is possible to build cottages classified as private housing on agricultural land? Much depends on the type of use of the site. If its code is 1.1.5, and the built house itself falls under the definition of a country house, there will be no problems. If the cadastral passport code provides for another option for using agricultural land, it is better to initiate the assignment of an additional type to the site. You can also carry out the operation of allocating a part of the land for a separate land ownership by issuing for it the classifier code that is necessary.

If you own 1 hectare of land or want to achieve more rational use by dividing your plot into several parts, you will need to allocate a land plot from agricultural land. In this case, you must go through the legal procedure for allocating a share. If there are no contradictions with the classifier code, the legal regime of agricultural land will not change. At the same time, the law provides for mandatory consent to the allocation of all persons entitled to a share (Article 11.2 of the Land Code of the Russian Federation). This applies not only to formal co-owners, but also to the spouse. Also, the tenant using the site must give his consent if the lease period does not end by the time the allocation procedure is completed.

It is worth distinguishing the procedure for allocating plots from individual and shared landholdings. Considering that most agricultural lands are now in shared ownership, the procedure provided for by Federal Law No. 101 “On the Turnover of Agricultural Lands” is often applied here.

In particular, this legislative act (Article 13 of the Federal Law) obliges not only to announce the allocation of the share of all other holders of land shares, but also to obtain the consent of at least 50% of them at a general meeting. However, the categories of land cannot change after allocation.

Types of permitted use

In Art. 78 of the Land Code of the Russian Federation defines the types of permitted use of agricultural (agricultural) land :

• conducting agricultural production;
• creation of protective facilities on the site (growing green spaces);
• conducting scientific and research work related to agriculture;
• fish farming;
• creation of hunting grounds.

Important! Misuse of land is prohibited by the Land Code of the Russian Federation. In case of violation, the owner is held accountable in the form of a fine, compensation or seizure of the site.

Owners of agricultural plots often wonder what can be built on agricultural land. Construction is permitted for the following objects :

• warehouses for storing agricultural products;
• premises for its primary processing;
• infrastructure necessary for the operation of the facility - roads, power lines, gas pipelines;
• private houses only for peasant farms and for small peoples;
• temporary structures without foundation.

Responsibility and consequences

Any piece of land belongs to a certain category of land - they are grouped on the basis of homogeneity and similarity in purpose. Lands that stand out among them are:

• agricultural purposes;
• settlements;
• specially protected areas;
• forest fund;
• water fund.

In addition to the category, all memory devices have a type of permitted use. This applies to operating parameters established by law. The species is determined in accordance with the ownership of the land based on zoning, which is determined by local authorities. Types of use of memory are:

• for agricultural production;
• gardening and gardening;
• country house construction;
• peasant or farm enterprise;
• individual housing construction;
• LPH.

The type of land use can be changed. Find out how you can do this here.

Based on the above, the intended purpose of each memory, according to certain characteristics, is enshrined in law. But in some regions of the Russian Federation, cases of land being used for other purposes are recorded. In particular, this applies to Moscow and the region. In connection with such violations, the state has legislated responsibility for them. For violation of the order of land use, liability is provided:

• Administrative. According to Art. 8.8 of the Administrative Code, a fine is imposed on persons who violate the provision on use.
• Forced seizure. Lands used on the basis of lifetime ownership, used on a lease basis and in perpetual use due to: use not for a specific intended purpose;
• decreased fertility levels;
• deliberate damage or contamination of the fertile layer;
• regular non-payment of taxes.

Agricultural lands on which the Federal Law “on the turnover of agricultural lands” is in force, according to which land is withdrawn in the following cases:

• decreased fertility;
• harmful impact on the environment;
• if the land is not used for its intended purpose for 3 or more years in a row from the date of ownership of it.

The exceptions are lands for gardening and vegetable gardening, garage and country house construction, private household plots, individual housing construction.

In cases where local authorities discover one of the above facts, they have the right to impose a fine on the violator and send him an order to eliminate the violation. If these requirements are not fulfilled by the violators on time, then local authorities will go to court with a claim to seize the land from the owner.

The value of such lands

All agricultural lands have a special protection status, but even among them there are particularly valuable ones.

Particularly valuable categories of plots are identified as part of agricultural lands:

• with particularly fertile soil;
• where important research and development is carried out;
• owned by state and municipal agrotechnological enterprises;
• belonging to research and educational institutions;
• peat deposits;
• natural reserves with special regime.

In relation to such areas, a special security regime and enhanced control over the activities carried out on their territory are introduced . The transfer of such lands to another category is carried out in exceptional cases.

For example, when changing the boundaries of a site, during the construction of linear objects on them (power lines, gas pipelines), during the construction of defense facilities or for the extraction of minerals on them.

Use of agricultural land for purposes other than its intended purpose

In the process of privatization of agricultural plots and lands, the relevant executive bodies (including local governments) create a special reserve fund. It is necessary to agree on all points according to the location of the plots and lands. This reserve fund is municipal or state property and is intended for the targeted redistribution of land in the future.

The territories are characterized by fertile soils and are intended for growing agricultural products. Agricultural lands are used for the placement of horticultural crops, pastures, and areas where haymaking is carried out. Some of the land is occupied by roads, some by communications, and some is under water bodies, protective forest belts, agricultural structures or storage facilities. Special and industrial purposes .

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Construction on plots for farming

Peasant farm lands - what is it? This is a type of agricultural territory in which the activities of peasant farming are deployed. The construction of private residential buildings is permitted on peasant farm lands while agricultural activities continue.

Important! If a house is built on the plot, and agricultural activities are not carried out on it for a total of two years out of the last five, the plot is subject to seizure.

The owner of such a plot will need to have documents confirming the occupation of agriculture indicating the period of its validity, for example, contracts with suppliers and buyers.

But even if a building permit has been obtained, this does not mean that anything can be built . There are restrictions on buildings. Requirements for erected buildings :

• does not exceed 3 floors;
• not divided into separate apartments;
• complies with sanitary standards for residential buildings.

A citizen has the right to register in a building erected on a summer cottage . And if the house is built on land used for gardening or horticulture, registration will not be possible.

It can be useful:

How to arrange a land lease for a period of 49 years

What is a public easement on a land plot?

The procedure for registering a land plot with state cadastral registration

Construction on plots for private household plots

The restrictions imposed on construction on private plots are even stricter than on peasant farms . The construction of only foundationless structures - cabins or small summer houses - is allowed. This is carried out without obtaining approvals. With approval, it is allowed to build other non-permanent structures necessary for farming - chicken coops, greenhouses, etc.

The construction of hangars on concrete slabs remains a controversial issue . On the one hand, the SkhN land does not prohibit this, since the foundation is not being built. On the other hand, the building is quite massive and can harm the soil. The issue remains at the discretion of the governing bodies.

What happens if the construction is illegal?

If an illegal building is discovered, penalties are applied . The mildest punishment is a fine. The amount of the fine and the amount of punishment are determined in accordance with Article 8.8 of the Code of Administrative Offenses of the Russian Federation. This depends on the cadastral value of the site, the type of its use and the legal form of the owner.

The minimum fine is 0.1% of the cadastral value (but not less than 2,000 rubles) for individuals, 1% of the cadastral value (but not less than 100,000 rubles) for legal entities. The maximum fine is 1% of the cadastral value for individuals and 6% for legal entities.

Note! In addition to a fine, a type of punishment such as forced demolition of the building is used. This method is used in cases where the construction harms the area.

And the most severe punishment is confiscation from the owner of the plot . It is applied in the absence of previous decisions on the part of the owner of the execution site. The plot is subject to seizure if no agricultural activity has been carried out on it for 3 or more years, or if the work carried out causes irreparable harm to the land. The calculation of the period of non-use of land excludes the time spent on restoring the territory after natural disasters or emergency situations.

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

What to do if a citizen needs to change the type of use of the territory? Changing the type and categories of permitted use of a land plot is carried out only by decision of local authorities , however, any interested citizen or legal entity has the right to apply for a transfer. Information about changes is entered into Rosreestr and the Unified State Register of Rights to Real Estate (USRE).

The question of how to change the type of permitted use of a land plot is regulated by the Land Code of the Russian Federation and Federal Law No. 172.

Categories into which transfer is possible:

• settlement lands - for the development of individual housing construction;
• industrial lands - for the construction by private individuals of industrial facilities and complexes;
• reserves - for the protection of natural areas.

The list of documents to change category is as follows:

• Russian Federation passport for a citizen or Unified State Register of Legal Entities extract for a legal entity;
• extract from the Unified State Register;
• written consent of the owner of the site for transfer to another category;
• appraiser's conclusion on the value of the site;
• conclusion of the environmental commission;
• cadastral passport of the territory;
• application for transfer.

The application, along with the collected package of documents, is submitted to the Land Department . Authorized employees review the application and make a decision. The review period is 30 days. If a positive decision is made, the procedure for changing data about the site in Rosreestr is launched.

Possible reasons for refusal to change category :

• the site is especially valuable for agriculture;
• the land is part of the territory development program;
• There is a restriction on changing the category of land.

If a positive decision is made, you will need to pay a state fee of 350 rubles.

There is an important point when transferring land to a type of use such as summer cottage construction.
Gardening, vegetable gardening and dacha construction are carried out only by non-profit organizations - consumer cooperatives and partnerships. That is, the transfer of such lands to persons and firms engaged in commercial activities is impossible.

Misuse of land

Advice from lawyers:

1. Frequency of issuing administrative fines for inappropriate use of land?

1.1. The frequency is not established by law. If the period specified in the previous order has expired, then the specified fine is already possible.

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2. Please, the amount of the fine for misuse of land? Thank you in advance.

2.1. 1. The use of a land plot not for its intended purpose in accordance with its belonging to one or another category of land and (or) permitted use, except for the cases provided for in parts 2 and 3 of this article, shall entail the imposition of an administrative fine if the cadastral the cost of a land plot, for citizens in the amount of 0.5 to 1 percent of the cadastral value of the land plot, but not less than ten thousand rubles; for officials - from 1 to 1.5 percent of the cadastral value of the land plot, but not less than twenty thousand rubles; for legal entities - from 1.5 to 2 percent of the cadastral value of the land plot, but not less than one hundred thousand rubles, and if the cadastral value of the land plot has not been determined, for citizens in the amount of ten thousand to twenty thousand rubles; for officials - from twenty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles.

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3. Where to write a complaint about misuse of land in SNT?

3.1. In any form to the prosecutor's office. GOOD LUCK TO YOU.

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4. I want to buy land in order to create my own farm: grow vegetables, fruits, etc., in the future, have poultry and livestock. All this is for yourself, not for sale. Please tell me whether it is worth considering individual housing construction plots or only private plots for this? Is it possible to actually use individual housing construction land for farming? If possible, could there be any problems or fines for misuse of land?

4.1. Dear Artem! Individual housing construction (IHC) - sites for this type of construction are located only on the lands of populated areas. Maintaining personal subsidiary plots (PHS) - plots are located on agricultural lands and lands of populated areas. It is possible to build a house on a plot for private household plots if it is located on the lands of populated areas. On such plots you can build houses no higher than three floors and obtain registration. If the plot is located on agricultural land, it is intended only for agricultural production and it will be impossible to build your house there. Useful link: Read more>>>

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5. We want to purchase a plot of land, category of land - land of settlements, permitted use - for the placement of a farm. Actually, there are two questions: 1. Do we have to carry out farming activities if we do not plan to become farmers, but only to start a vegetable garden for ourselves. Wouldn't this be an inappropriate use of land? And 2. Is it possible to build a residential building on such a plot.

5.1. Hello! Familiarize yourself with the land use and development rules of your locality. Determine which zone the site belongs to and what types of permitted uses are indicated. With this type of permitted use on a land plot, you cannot register a residential building.

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6. I own a plot of land with a VRI “gardening”. At this site we plan to carry out activities for the procurement, processing, and storage of scrap ferrous and non-ferrous metals. It is necessary to change the VRI to avoid misuse of land. But we cannot understand which VRI should be prescribed in this case? Entrepreneurial activity? Warehouses?

6.1. If there are no capital construction projects (warehouses) in the land plot, then a storage area (see Order of the Ministry of Economic Development of Russia dated September 1, 2014 N 540 “On approval of the classifier of types of permitted use of land plots”)

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7. The individual entrepreneur operates on UTII with OKVED 96.03, namely the production of monuments (production of tombstones from various materials and ritual accessories) on land intended for retail trade. What penalties from the Federal Tax Service is this fraught with? I didn’t find anything other than misuse in the sources. In this regard, can the Federal Tax Service impute OKVED Retail Trade instead of OKVED 96.03?

7.1. 1) The Federal Tax Service does not fine you for the inappropriate use of a land plot. Misuse of memory - Art. 8.8 Code of Administrative Offenses of the Russian Federation. 2) The Federal Tax Service cannot impute OKVED. Another issue is the discrepancy between actual activities and the information contained in the Unified State Register of Legal Entities. It is impossible to say more precisely - it would be a finger in the sky.

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8. I have a legal entity signed a land lease agreement with the city administration for a period of 49 years, it was terminated unilaterally with me, citing a clause in the agreement, due to misuse that does not entail deterioration of the condition of the land, I believe that such an action is possible exclusively through the courts. Is it so? Article 22 clause 9 of the Law of the Russian Federation.

8.1. What bothers you? It is rare to go to court to terminate a contract. If the reason for termination is obvious, is not disputed by anyone and is enshrined in the contract, then what is the subject of going to court?

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9. I own a private plot of land. Due to financial difficulties, I have not been able to start construction on the site for more than 3 years. Can my plot be taken away due to misuse of land? And what can you do to avoid being taken away? I can’t sell the plot yet either - I can’t find a buyer.

9.1. For starters, they may impose a fine. To avoid administrative consequences, submit a notification to the administration about the planned construction and receive a response notification about the compliance of the proposed construction with the rules and regulations (this document replaced the construction permit). Receipt of the above notice will give you the right to build for 10 years.

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10. We have leased land (for the intended use for warehouses), there is a separate building of 9 square meters, they opened a shawarma there. Can a fine be imposed for this as misuse of land? And if so, how can it be avoided? Say that this is, for example, only for warehouse employees.

10.2. For citizens using a plot not for its intended purpose, the fine will be from 0.3 to 1.5% of the cadastral value of the plot. For legal entities for individuals a fine of 1.5 to 10% of the cadastral value, for officials - from 0.5 to 2%. If the cadastral value of a plot has not been determined, a fine in the amount of 5,000 to 10,000 rubles is provided for citizens, for officials - from 20,000 to 50,000 rubles, for legal entities. persons – from 100,000 to 200,000 rubles. If they really want to, they can fine you, but I don’t know how in Moscow, in small towns they don’t do such nonsense. To somehow protect yourself, hang a sign on this “shawarma” anywhere so that it is not conspicuous, but you can see a sign with the inscription “Warehouse canteen” or “room for eating” and on the evacuation plans name it the same as on the sign , if checked, you will say that this is part of the social and welfare premises of warehouses. There is an option to do this correctly and formalize it; dividing the plot into parts with changing the type of permitted use will be very time-consuming, expensive and difficult. But I very much doubt that anyone will find fault with the tenant about the non-intended use, if we stick to the option that this is like a “dining room”.

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10.3. Hello! The answer to your question is contained in the lease agreement. In this regard, an analysis of the contract is required.

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11. In our GSK, the chairman was personally fined 150,000 rubles for inappropriate use of land. He took this amount from the cooperative's cash register and paid the fine. Is this legal?

11.1. Hello. Do you have documents regarding the fine?

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11.2. Is this legal? If the decision is personal in relation to an individual or an official, then no. And if in relation to a legal entity, then it is legal. :sm_bk: I think that in any case this fact cannot be ignored - conduct an investigation and collect documents. Let's look at them and analyze them. :sm_ay:

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12. How to fight off a fine for misuse of land? There is a plot of land with a house and a garage. I live in another region. He let the tenant in for free so that everything would not be stolen. He repairs cars in the garage. And as it turned out, for some reason I was given a fine of 10,000 rubles and the bailiffs began to withdraw money from the card.

12.1. If the person to whom you transferred the house just like that and he conducts commercial activities in it, then of course a fine is possible. Negotiate with him and let him pay. This fine could be appealed to a higher authority or court within 10 days. Good luck.

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13. The house of Culture in the village burned down. The land plot is in permanent (indefinite) use at the Municipal Budgetary Institution “Cultural and Leisure Center”. Now they (MU “KDC”) are asking to confiscate the land and transfer the settlement back. Justifying that there is no building and paying taxes is a misuse of money. Is this legal?

13.1. This is legitimate and at the same time far-fetched. The land tax goes to the local budget, which, represented by the settlement administration, maintains this institution.

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14. There is a plot for individual housing construction and a RESIDENTIAL HOUSE is registered on it. In the summer, vacationers lived in several rooms. The ADMINISTRATION charges misuse of the land and its conversion to commercial use. WHAT TO DO.

14.1. Appeal the administration's decision. There are options without changing the status of the site... Drawing up documents is exclusively on a paid basis.

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15. I rent part of a building located on the territory of the yacht club under the Cafe. The lease agreement states that it is being leased for the organization of a catering outlet. Can administrative authorities close the Cafe, citing misuse of land and impose a fine. If they can, then in what time frame.

15.1. No, they can't. Questions regarding the misuse of land will be addressed to the owner or tenant of the land plot, as well as to the owner of the building.

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16. I received a fine for misuse of a land plot in the amount of 1% of the cadastral value for each owner, it is under individual housing construction, and there is a store on it, land for two owners, shouldn’t the fine be divided by gender, since I own 1/ Part 2?

16.1. Your question states: to each Owner.

I believe that the fine was issued to both owners and everything is correct. If you do not agree, you have the right to appeal the decision in a court of general jurisdiction. Good luck.

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17. What does Vitaly Mikhailovich think about this: Son of private entrepreneur, repair and tire fitting in the garage of a private house. Land for individual housing construction. The result is a fine of 10,000 for misuse of land. Converting the land to commercial land for car service is not possible. Conclusion to close your private entrepreneur and become self-employed?

17.1. Good afternoon, yes, in my opinion, it is necessary to close the individual entrepreneur. You can justify it by saying that you repair cars for your friends and relatives. It is difficult to confirm the revenue of a tire service center if the income comes in cash. If you yourself do not want to show this revenue and pay taxes.

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18. A question has arisen. A garage in the basement of a private home is equipped for car repairs. IP has been issued. Inappropriate use of land was presented. Is it legal? Thank you.

18.1. Inappropriate use - the category of land is not suitable for its intended purpose for a certain type of activity. Legal. It is necessary to transfer land from the category of personal use to industrial use.

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19. In Crimea, 7 real estate properties were purchased (buildings for servicing vehicles), a plot of almost a hectare (industrial land). The site was leased by the previous owner from the city in 2006 for 25 years and was used for vehicle maintenance. The purpose of the lease was incorrectly specified in the Ukrainian lease agreement: for the maintenance of a car garage. Now, when re-issuing a lease agreement to a Russian standard, the department refuses due to inappropriate use. What to do in this situation?

19.1. Hello. For consultation, the full text of the administration’s refusal is required. Can you imagine him?

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20. Tell me if the land for private plots is in populated areas. Can the owner of the land (private person) rent it out for a children's health camp? Is this a violation of misuse of land?

20.1. According to the Federal Law of July 7, 2003 No. 112-FZ “On personal subsidiary farming,” personal subsidiary farming is a form of non-entrepreneurial activity for the production and processing of agricultural products. Personal subsidiary farming is carried out in order to satisfy personal needs on a land plot provided and (or) acquired for conducting personal subsidiary farming. A plot of land within the boundaries of a populated area (household plot of land) can be used to conduct personal subsidiary farming. A plot of land is used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations. This list is exhaustive and is not subject to expanded interpretation. All lands in the Russian Federation are used in accordance with the intended purpose established for them. The use of a land plot not for its intended purpose in accordance with its belonging to a particular category of land and (or) permitted use shall entail the imposition of an administrative fine. Leasing a plot of land to house a health camp will be illegal.

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