Minimum maximum sizes of agricultural land plots
The law establishes the maximum size of the total area of agricultural land that can be owned by one citizen and (or) legal entity, which is 10 percent of the total area of agricultural land located in the territory of one municipal district on the date of provision and (or) acquisition of such land plots.
According to the Project, the maximum maximum land plot size is 150 hectares. Under the Project, the minimum land plot size is 0.5 hectares. At the same time, minimum sizes of land plots are not established for farms whose main activity is:
Article 33 of the Land Code of the Russian Federation “Norms for the provision of land plots” defines the basic principles for establishing the maximum size of the provided land plots. The maximum (maximum and minimum) sizes of land plots provided to citizens from state-owned or municipally owned lands for running peasant (farm) farming, gardening, truck farming, livestock farming, dacha construction are established by the laws of the constituent entities of the Russian Federation, for running personal subsidiary plots and individual housing construction - by regulatory legal acts of local government bodies. For purposes not specified in the above list, the maximum sizes of land plots are established in accordance with duly approved norms for land allocation for specific types of activities or in accordance with the rules of land use and development, land management, urban planning and design documentation. Determining the size of land plots is of particular importance for relations related to the turnover of agricultural land. Article 4 of the Federal Law “On the Turnover of Agricultural Land” determines that the minimum sizes of land plots from agricultural lands can be established by the laws of the constituent entities of the Russian Federation in accordance with the requirements of the legislation of the Russian Federation on land management. Transactions with land plots from agricultural lands are not allowed if, as a result of such transactions, new land plots are formed, the size and location of which do not meet the requirements established by this article. It is not allowed to allocate a land plot as a share(s) in the right of common ownership of a land plot from artificially irrigated agricultural land if the size of the land plot allocated in kind (on the ground) is less than that established by the constituent entities of the Russian Federation in accordance with the requirements of the legislation of the Russian Federation on land management maximum minimum size of land plot for reclaimed land. The size of the total area of agricultural land plots that are located on the territory of one administrative-territorial entity of a constituent entity of the Russian Federation and can be simultaneously owned by a citizen, his close relatives, as well as legal entities in which this citizen or his close relatives have the right to dispose of more than 50% of the total number of votes attributable to shares (contributions, shares) constituting the authorized (share) capital of these legal entities is established by the law of the constituent entity of the Russian Federation. The size of the total area of such agricultural land plots established by the law of a constituent entity of the Russian Federation cannot be less than 10% of the total area of agricultural land within the boundaries of one administrative-territorial entity. The specified article of the Federal Law “On the turnover of agricultural land” says that the legislation of a constituent entity of the Russian Federation establishes two parameters for determining the size of plots: the minimum size of an agricultural plot within the boundaries of the subject and the criteria for determining the maximum and minimum areas of agricultural land that can be owned by one citizen, as well as his relatives. The special requirements for the size and location of a land plot established by the norms of this article are determined, as should follow from its content, by the peculiarities of more rational economic use of agricultural land, the peculiarities of the use of land of this category in specific regions, as well as the intention of the legislator to prevent the concentration of significant areas of agricultural land. land in the hands of a limited number of citizens. The size of land plots owned by legal entities is not intended to be limited. Some comments may be made regarding this provision. This rule, in principle, may mean a prohibition for a private person to acquire ownership of an enterprise located on agricultural land if the area of the land plot of this enterprise exceeds the established maximum dimensions. In addition, restrictions will apply to citizens organizing peasant farms, since the latter are not legal entities. To determine whether the size of a land plot meets the requirements of the law, its boundaries and intended purpose must be established in the manner prescribed by law. In addition, the size of a land plot, its boundaries and location are the main parameters that define it as real estate and an object of turnover. The requirements for establishing the boundaries of land plots are determined by the Land Code of the Russian Federation, as well as by the legislation on land management.
Minimum garden plot size in the Leningrad region
The issue of the size of garden plots is extremely important, but is not regulated in federal legislation. The Law of the Leningrad Region on the size of garden plots establishes the norms and sizes of garden plots and answers questions about the minimum and maximum plot.
This regional law, in accordance with Article 33 of the Land Code of the Russian Federation, establishes the maximum size of land plots provided to citizens for ownership from lands in state or municipal ownership, as well as in accordance with Federal Law of July 7, 2003 N 112-FZ “On personal subsidiary plot" - the maximum size of the total area of land plots that can be simultaneously owned and (or) otherwise owned by citizens conducting personal subsidiary plots.
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What is a personal plot definition
What is a personal plot? Definition The location of the house on the personal plot determines the location of the orchard, berry garden, and outbuildings.
In this article we will look in detail at what a personal plot of land is and what it represents.
What types of construction and use are allowed on private plots of land in settlements: in villages and other settlements.
What does homestead mean?
in the former USSR, an individual form of land use by citizens, in which land was provided for free and indefinite use for subsidiary farming, construction of an individual residential building and outbuildings on the right of personal ownership. The homestead land use of collective farmers, workers, and employees differed.
What is a personal plot
In 1998, private household plots produced 57.3% of all agricultural products in Russia.
As of January 1, 1999, they contained 34.8% of Russia's cattle, 42.9% of pigs, 59.7% of goats and sheep. In the Russian Federation, on July 7, 2003, Law No. 112-FZ “On personal subsidiary farming” was adopted. On December 30, 2008, changes were made to Article 8 of the Law. Income from personal subsidiary plots in the Russian Federation is not subject to taxes (if the area of private household plots does not exceed the maximum size established by the subject of the Russian Federation and hired labor is not used).
The garden plot is the face of the house
The widespread relocation to cities and apartment buildings has left the previously so popular concept of a personal plot in the past. Now it's more of a luxury.
People with average incomes living in their own homes remained mainly on the periphery.
In cities with a population of over a million, there are fewer and fewer private houses, but the desire for their own piece of land is apparently inherent in nature, and therefore people continue to go to their dachas and buy country houses.
What is a land plot: definition in law, procedure for establishing land ownership
- growing agricultural crops;
- grain production;
- growing fruit and berry crops;
- production of livestock products;
- Breeding cattle;
- poultry breeding;
- breeding, keeping and use of bees and bee products;
- construction of buildings and structures necessary for this;
- other.
Minimum and maximum areas of land plots (limit sizes)
You can compare, for example, the maximum size of plots established in the Municipal Municipality "Primorskoye Urban Settlement" of the Vyborg District of the Leningrad Region (here) with the maximum sizes in the Municipal Municipality "Koporskoye Rural Settlement" of the Lomonosovsky District of the Leningrad Region (clause 10 of the decision of the Council of Deputies).
The certificate “Land Capital in St. Petersburg” has a compensatory nature, similar to maternity capital, that is, to use it you must first purchase a plot of land with your own money, and the plot should only be for individual housing construction or for dacha construction, and only after that apply for the transfer of funds funds.
Limit sizes of land plots for individual housing construction
Before starting construction of a house, land intended for individual housing construction must be registered as ownership. This involves preparing and collecting the required package of documents that should be submitted to the relevant government organization. Moreover, such rules are established for plots for individual housing construction that received this status before 2001.
An important factor in determining the size of the territory during division, acquisition or in other cases is the establishment of the boundaries of the immovable property. It is necessary to make sure that the removal of points does not affect neighboring areas, since dissenting owners of neighboring plots have the right to challenge such land surveying by calling geodetic specialists. If, as a result of their work, it turns out that the seizure of someone else’s land is actually taking place, it is advisable to resolve the issue peacefully, otherwise the proceedings will go to court. Based on the results, the amount of taxes is recalculated.
A plot of land for running a personal plot of land
Advice from lawyers:
1. Is it possible to build a house on a leased plot for personal farming (homestead land) and register ownership of the plot.
1.1. Hello! If the land plot has the type of permitted land use for private plots, then you have the right to build a residential building. You need to obtain a building permit from the city administration.
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2. I want to build a private house on a demarcated plot, but in the resolution of the village administration “On changing the postal address of a land plot” it is written: The permitted use of the land plot is for personal farming (garden plots - without the right to capital construction). What to do in this situation?
2.1. What to do in this situation? Contact the Administration regarding changing the permitted use of your site.
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2.2. Alexey, until you change the purpose of the land plot, you cannot build. Has a building permit been obtained? In any case, it is impossible to build until the issues are resolved before construction. All the best.
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3. In September 2013, we bought a plot of land (land category: land of settlements, permitted use: for running personal farming (household plots)), with a mortgage. In April 2020, the loan was closed. Nothing is being built on the site. We recently found out that after three years it can be taken away from us (on what grounds, since we own the land) because nothing has been built. Is it true?
3.1. They may be confiscated if the site is not used for its intended purpose.
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3.2. Good afternoon. The only reason for the seizure of a land plot may be its use for other purposes. Personal subsidiary farming is a form of non-entrepreneurial activity for the production and processing of agricultural products. Personal subsidiary farming is carried out by a citizen or a citizen and members of his family living together with him and (or) jointly carrying out personal subsidiary farming with him in order to satisfy personal needs on a land plot provided and (or) acquired for conducting personal subsidiary farming. Agricultural products produced and processed during the management of personal subsidiary plots are the property of citizens running private subsidiary plots. The sale by citizens running a private subsidiary plot of agricultural products produced and processed while running a private subsidiary plot is not a business activity. This category of land is also suitable for the construction of a residential building. Sincerely, lawyer Yulia Belova.
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4. In 2020, I bought a house with a plot. (as stated in the purchase and sale agreement and receipt Land plot, category: land of settlements (garden plot), permitted use: for running a personal subsidiary plot. Is it possible to get a tax deduction?
4.1. Hello! If the house has a right of residence, then you can.
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5. I own an agricultural plot of land - for individual gardening and vegetable gardening. Is this the same thing as a plot of land intended for running a personal subsidiary plot with the construction of a residential building on a personal plot of land? It is possible for my site to apply the CHELYABINSK REGION LAW No. 204-OZ dated September 27, 2007. On the procedure and standards for the harvesting of wood by citizens for their own needs, i.e. get 50 cubes of wood?
5.1. These are different things for individual gardening and vegetable gardening. - 1) a house built on this site cannot be residential, since the purpose of the site does not suit these needs. 2) just for residential purposes, you can transfer the land if the location area and the city allow it. Regulations and then ask for wood.
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6. What was the maximum size of a personal plot of land (attached to a house) for running a personal subsidiary plot in a village with an estate development according to the standards of the RSFSR before 1990?
6.1. Before 1990, there were no such standards. The norms appeared only at the end of 2001.
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7. I bought a plot of land, category of land in settlements, permitted use: for running personal subsidiary plots (garden plots), there is a house of 60 sq.m. on the land, can I register it through a declaration in order to receive a certificate and then register in it? The land plot is located in Moscow Region.
7.1. YES, of course you can. GOOD LUCK TO YOU.
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8. A mortgage has been issued for the purchase of a house with a plot of land, part of the repayment proceeds goes towards matka pita. Will there be a problem with the pension and can I take advantage if the category of land in settlements, the type of permitted use for personal farming (household plots.
8.1. Hello. There won't be any problems.
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9. The property includes a plot of land, category of land: land of settlements, permitted use: for running personal subsidiary plots (household plot of land). A power line passes through the site (power line poles are located outside the border of the site; only wires pass through the site itself). Currently, a house has been built on the site, how can the power lines be relocated? The power line was there even before the acquisition of the property. What should I do?
9.1. Good afternoon. Alas, it won’t work, because... By purchasing the plot, you actually agreed to the presence of the DLNP in the form in which it is. But if they rebuild, you can object.
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10. I wanted to purchase land for individual housing construction. On the official website of the city I found information that the state provides a plot of land for rent for running a personal subsidiary plot (garden plot). What does it mean? Can I rent it and build a house on this land with subsequent purchase?
10.1. Yes, you can, please contact the administration at your place of registration.
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11. A plot of land for running a personal plot of land. There are no encumbrances on the certificate of ownership. However, the architecture department refuses a building permit, explaining that there is a sawmill nearby, and our site falls within the sanitary protection zone of this sawmill. Are they right?
11.1. If they document this by referring to the norms of the law, then maybe yes, but to say for sure you need to figure it out.
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12. The plot was leased for 49 years, the permitted use is for personal farming (homestead land). Is it possible to register the land as a property after constructing a residential building on it? I just want to compensate the money spent on construction with maternity capital!
12.1. To do this, you may need to submit an application to the owner of the land plot, the Administration of the city of Yekaterinburg, or the municipal entity with whom you have a lease agreement. If the MO refuses, you can go to court at the location of your land plot and through the court demand recognition of your ownership of the land.
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13. Please write whether the mother of a large family has the right to sell the land plot given to her as a property free of charge by the City Administration (Based on Article 28 of the Land Code of the Russian Federation) for running a personal subsidiary plot (garden plot)? If so, what documents are needed for this?
13.1. Oleg Valerievich, read the agreement on the gratuitous transfer of land into ownership.
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14. A neighbor bought two plots of land in the private sector, where the land was allocated for personal gardening, for the construction of residential buildings, built a house for a hotel, with repair shops and arranged parking for heavy vehicles and buses. Now there are already about 15 Pazikov minibuses and 5 KAMAZ rangefinders parked there. Can you tell me if this is legal and where to go to stop this activity?
14.1. Start with the prosecutor's office. Misuse of land is unacceptable.
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15. My grandmother, who lived in a rural area, left all her property to me in her will. The house was registered, but the land plot was not. The notary refused registration due to the fact that the certificate of ownership of the land indicated - for running a household plot, and in the cadastral passport - for running a personal household. Tell me what to do in this situation? The notary offers to write a refusal and sue.
15.1. Dear Yuri, Ryazan! I recommend that the heirs obtain a written REFUSAL from the Notary and apply to the Federal District Court at the location of this Land Plot on this issue! I wish you good luck Vladimir Nikolaevich Ufa 07/12/2012 19:19 Moscow time.
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16. Is it legal to provide a certificate for a land plot (as part of the implementation of the Law “On the provision of land plots to large families”) for running a personal subsidiary plot for a large family if they already have a house in the suburbs with a plot of 40 acres. And they will soon be provided with an apartment under a program to improve their living conditions (at the moment they live in a 2-room apartment. (I repeat, there is a house in the suburbs).
16.1. It is unknown, federal legislation does not regulate this issue, only regional legislation can.
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Minimum and maximum size of land plot
Today, according to paragraph 1 of Art. 11.9 of the Land Code of the Russian Federation, the maximum and minimum sizes of land plots in respect of which, in accordance with the legislation on urban planning activities, urban planning regulations are established, are determined by such urban planning regulations. Urban planning regulations are contained in the rules of land use and development of municipalities and are approved by the representative body of local government.
The question quite naturally arises as to whether the maximum sizes of land plots arising as a result of the division or merger of plots owned by individuals and legal entities should correspond to the maximum sizes of plots allocated to citizens. Or might these sizes be different?
Personal subsidiary plots
According to the law, land plots intended for running personal subsidiary plots (hereinafter referred to as private plots) are plots owned by citizens or received by them with the right of use for running subsidiary plots.
A mandatory requirement is a documented type of permitted use of the land plot - “for running private household plots”.
In the absence of supporting documents, a citizen’s activities may be considered illegal.
The criteria for distinguishing private household plots from other types of economic activity are also established by law:
- Lack of hired workers. All economic activities are carried out by the citizen and his family.
- All products are produced exclusively for personal use, all activities are primarily aimed at meeting the food needs of the owner (user) of the farm and his family.
- The activities carried out are not aimed at making profit.
Despite the above point, the legislation does not prohibit the sale of any volume of surplus manufactured products.
Operation of sites
The division of land in the Russian Federation is carried out according to the principle of intended purpose, in accordance with the permissible types of possible use. Depending on the purpose of each category, land plots are classified according to the types of permitted use. According to Federal Law No. 112, the development of private household plots is permitted on the lands of populated areas, as well as agricultural lands. Conducting private household plots on land plots located within other lands is considered illegal.
Household plots
Lands of settlements are territories located within the boundaries of settlements, primarily intended for development.
According to Federal Law No. 112, land plots located within populated areas and used for running private household plots are called household plots.
It is allowed to carry out agricultural activities on personal plots, as well as, subject to compliance with current norms and rules, to construct capital construction projects (including residential buildings).
Field sites
Agricultural lands are territories with fertile soil located outside the boundaries of populated areas and intended for agricultural activities.
According to Federal Law No. 112, plots for private household plots located on agricultural lands are called field plots.
Field plots are intended exclusively for economic activity; the construction of permanent (including residential) buildings on them is prohibited. However, the construction of non-permanent auxiliary structures - barns, sheds, cellars, etc. is allowed.
Will the minimum size of new land plots increase in the Stavropol region?
“Together with the Regional Duma, we decide not to consider this bill at its April meeting; we will finalize it in accordance with the wishes expressed today by both large farms and owners of shared lands,” said the head of the region. – All initiatives that we take in the Stavropol Territory must first of all be based on the opinion of the people. Only this can be decisive. Therefore, we must not allow large farms, farmers, and shareholders to suffer,” Vladimir Vladimirov emphasized.
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In particular, amendments to the regional law were discussed, proposing an increase in the norm for the allocation of agricultural land. A bill “On Amendments to Certain Articles of the Regional Law “On Certain Issues of Regulating Land Relations” has been submitted to the Regional Duma. It is proposed to increase the maximum minimum size of new plots of agricultural land to be formed from 30 to 2,500 hectares, as well as the maximum maximum size of plots of agricultural land provided to peasant (farm) farms from 500 to 2,500 hectares.
Minimum maximum sizes of agricultural land plots
1. The maximum (maximum and minimum) sizes of land plots in respect of which, in accordance with the legislation on urban planning activities, urban planning regulations are established, are determined by such urban planning regulations.
6. Town planning regulations are not established for lands of the forest fund, lands covered by surface water, reserve lands, lands of specially protected natural areas (except for lands of medical and recreational areas and resorts), agricultural lands as part of agricultural lands, land plots located in boundaries of special economic zones.
Making a track
The choice of path must be approached with all responsibility. There are several types of coating, and you need to choose the one that is most suitable for a particular area.
When installing, you must adhere to certain rules:
- You can create a track in a completely free style or distribute it exclusively according to the rules.
- The width must be determined in accordance with the purpose and the size of the vehicle.
- For hiking, 50 or 80 cm is enough.
- If you want to frequently walk around the area, you must use pebbles, gravel or crushed stone as a covering. If a car will drive through the area, then it is better to give preference to paving stones or paving slabs.
As you can see, for a certain situation it is necessary to select a specific type of track. The coverage can be quite different and there are definitely plenty to choose from.
What is a plot of private plots?
Individual housing construction (individual housing construction) is a type of use of a land plot in which a citizen either independently builds a house on this plot, or the house is built entirely for him. At the same time, the built house has legally established restrictions on the number of floors (no more than 3) and the composition of residents (one family).
- Plot size. It must fit within the maximum size of the total area of land plots (0.5 hectares, if the law of the subject of the Russian Federation does not increase the specified area).
- Location of the site. For a private plot of land, it is important to have communications, for a field plot - access roads, for any plot of private household plot - the suitability of the plot for use, which is intended for breeding farm animals, growing plants, etc.
- Special programs to support private household plots adopted by local governments, i.e. those that are taken in addition to government support measures. If such programs exist, this moment may become decisive when choosing between two private plots located within the boundaries of different settlements.
Homestead land plot definition
Layout of a personal plot.
The shape of household plots depends on natural conditions, the shape of the block, the material from which residential buildings are built, and the area allocated for household plots.
The best form of personal plots is rectangular, since this facilitates the economic use of the land (arrangement of a garden, vegetable garden, front garden), facilitates the planning and development of the plot, as well as the placement of rectangular plots in the block. The width and length of a personal plot depend on the area of the land plot and the plan of the quarter. The smaller the width of the garden plot, the lower the cost of landscaping. The smallest permissible width of a personal plot depends on the permissible fire gaps, which are determined by the fire resistance of the residential building structure. For a single-family residential building, with fireproof structures, the width of the plot can be 19 m
, with fire-resistant structures - 22
m
and with combustible structures - 25
m
.
The location of the orchard, berry garden, outbuildings and yard depends on the location of the house on the plot. When choosing a project for a residential building, one must take into account its orientation on the plot in relation to the cardinal points and the direction of the prevailing winds. In the central zone of the USSR, it is advisable to have a residential building with a long axis from north to south, and for a southern climate - from west to east.
An example of the layout of a personal plot with a single-family house with a plot width of 30 m
shown in Fig.
1. This layout is designed for the conditions of the central zone of the USSR. A similar layout can be used with a larger plot width by increasing the width of the garden and reducing its depth. For a perspective view of such a section, see Fig. 2. When building estates with two-apartment houses, taking the length of a residential building to be 19 m
, with fireproof structures the width of the plot for 2 estates can be taken as 28
m
, with fire-resistant ones - 31
m
and with combustible structures - 34
m
.
If the width of the plot for 2 estates is 34 m
, then the length of the plot (with a plot size of 0.15
hectares
) will be 88
m
. An example of the layout of such estates is shown in Fig. 3. The negative side of this layout is that fruit trees are placed in one line. In this regard, the layout shown in Fig. 4.
Maximum minimum plot size
The establishment of such norms occurs on the basis of the requirements of the PZZ. This implies that, based on the urban zoning of each region, areas allocated for various types of construction are determined, each of which is characterized by its own area norm.
Legislative bodies determine acceptable sizes, taking into account data on the parameters of residential real estate and the number of citizens planning subsequent residence on its territory. The fixed values must necessarily meet the current requirements of technical and sanitary standards.
