Convert the dacha plot into private housing construction

Withdrawal of a plot from SNT and registration of individual housing construction

SNT lands belong to the categories of agricultural lands.
SNT lands can be used for gardening and horticulture.
The allocated lands for gardening or gardening activities may in the future become the property of SNT members.
In addition to conducting gardening activities, the owner of SNT land has the right to erect a residential building on the site , which, subject to certain rules, can be recognized as a permanent place of residence with subsequent registration in it.

Apply to your local administration.
The application must indicate the original category of land and the category to which the land must be transferred.
If several persons own a land plot or have ownership rights to it, then they are required to provide notarized consent to change the category of land, or these persons must submit an application in person.
Provide along with the application an extract from the cadastral passport, copies of cadastral plans, as well as other documents for the land plot (for example, a donation agreement, lease agreement, certificate of ownership, etc.).
A month later, after submitting the application and all the necessary documents, the administration will provide a written response and an act containing information about the possibility of transferring the category of the land plot or a written justified refusal.

How to transfer land from gardening to individual housing construction: procedure and cost of the issue

Land plots for vegetable gardening are often purchased by residents of urban areas who do not have garden plots.

The purpose of using such land is to grow vegetables and berries without the possibility of placing permanent buildings .

If you want to use this inexpensive plot for housing construction, it is recommended to resort to the procedure of changing the land plot.

Feasibility

Plots with VRI “Individual Housing Construction” have a higher cost, so those who want to start housing construction often want to use an alternative option when searching for a construction site.

Garden lands are often located in close proximity to populated areas , so they are the ones that come to the attention of potential developers.

According to current legislation, the only type of buildings allowed on “garden” lands are temporary sheds for storing equipment. This provision of the law applies both to plots located on agricultural land and to plots within populated areas. Read more about what can be built on lands for gardening in a separate article.

Law 217-FZ, which comes into force in 2020, regulating the use of land with the purpose of “vegetable gardening”, will not only not weaken the norms of the current Federal Law-66, but will also strengthen them by introducing a complete ban on the construction of housing on such sites.

In this situation, the only legal way out of the situation is to change the VRI of the site to one that allows the construction of individual housing construction.

Another frequently encountered situation when it is necessary to resort to transferring land from gardening to individual housing construction is the need to legitimize residential buildings erected on garden lands.

Land for growing garden crops can be for individual or collective use. Each land use option has its own characteristics.

The location of garden plots on a particular category of land determines the sequence of administrative procedures for changing the type of permitted use:

Garden lands as part of settlements - an application to change the VRI is sent to the relevant executive authority.
Vegetable gardens on agricultural land - a change in the category of land is carried out with the simultaneous assignment of the desired VRI to the plot. The petition is sent to the local administration, then, after assessing the feasibility of the upcoming procedure, it is forwarded to the body of the subject of the Federation responsible for the provision of public services.

When using a plot collectively, it is necessary to obtain the consent of all plot owners .

Procedure

Let's consider a typical case of changing the VRI site for "Vegetable gardening", located on the lands of settlements.

Persons who own the land by right of ownership have the opportunity to apply for a change in the VRI of land .

In the case where the owner of the plot does not have documents confirming the legal ownership of the plot, it is recommended that you first proceed to confirm your rights.

The applicant sends a petition and a package of accompanying documents to the commission on issues of changing the types of permitted use of land (or a similar advisory body) of the settlement administration.

The application must indicate :

the person who owns the land
cadastral number of the allotment,
category and available VRI of land,
desired type of use.

The following documents support the application:

extract from the Unified State Register of Real Estate;
photocopy of the land owner's passport;
planning and cartographic material;
for commercial structures - an extract from the Unified State Register of Legal Entities (USRLE).

If an application is submitted on behalf of the tenant of the plot or another person using but not owning the land, the consent of the owner of the plot will be required .

Another option is for a third party to file a petition on behalf of the land owner. In this case, it is necessary to provide a bearer power of attorney.

Conversion of a dacha, garden or agricultural plot into land for individual housing construction

They are allowed to build permanent houses for permanent residence.
This construction should be carried out only after the house design has been agreed with the local authorities and permission for construction work has been obtained. After the official commissioning of the house, ownership rights are recorded in Rosreestr. Then you can register with them permanently. As the owner of a plot of agricultural land, you have the right to use it exclusively for these purposes. It is possible to build utility rooms and a permanent residential building on it, but obtaining registration in it will be quite difficult. You can do this only by proving that you live in it all year round.

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

Many families dream of their own home and their own plot of land, but in megacities such an acquisition is possible mainly in SNT. Is it possible to change the status of a land plot from SNT to individual housing construction? In this article we will tell you how to transfer SNT to individual housing construction in 2020, what is the transfer algorithm and what documents are needed for this.

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Example 1. The Chesnokov spouses have owned a land plot that is part of SNT for 30 years. The land plot is registered in the name of the spouse, but the spouse applied to transfer the land plot from the SNT to the category of land plot subject to individual housing construction. This petition cannot be considered, because the spouse does not have the right to carry out this procedure.

New dacha law 217-FZ

But on a garden plot of land (on the territory of SNT), in accordance with 217-FZ, you can build a “garden house” for seasonal living or a “residential building” - a permanent structure in which registration is possible. At the same time, paragraph 2 of Article 23 of the new law states that a permanent house can be built in SNT only if this land is included in “territorial zones in relation to which town planning regulations have been approved, establishing the maximum parameters for such construction.” That is, the possibility of building a permanent house will depend not only on the permitted type of land use, but also on the general plan approved by the municipality.

As lawyers note, the norm on the possibility of capital construction only in the corresponding zones (Zh-1, Zh-2, etc.) is also in the current dacha law 66-FZ, but in fact it does not work. Municipalities and the registration authority focus mainly on the status of the land and permitted use. Moreover, if this norm really comes into effect, then construction on garden plots will become completely impossible. After all, there are no town planning regulations for such areas yet. However, there is hope that the necessary changes to the law itself or by-laws will be made before 217-FZ comes into force.

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How to transfer the land of a garden partnership to the category of individual housing construction

Land plots of individual housing construction have a single purpose - the construction of a residential building. The legislation provides precisely this legal status, which allows you to obtain and solve the problem of registration and residence on such land. Plots of this type are allocated from a special reserve, namely from specially reserved areas that meet certain conditions.

Gardening plots are quite cheap, but not all of them are equally suitable for living. Therefore, having chosen just such a site, many citizens begin to think about how to transfer such land into individual housing construction. In reality, such a process turns out to be problematic.

How to transfer DNP to individual housing construction

Today on the country market there is a large, if not overwhelming, number of offers for the sale of land plots with the legal status of DNP. Which stands for dacha non-profit partnership. According to the developers, on the one hand, there is no fundamental difference between the lands of the DNP and individual housing construction. Although, on the other hand, the developers themselves assure buyers that as soon as the status of DNP changes to individual housing construction, the same lands will jump in price.

- Yes maybe. The plot is available for rent for construction. After developing and approving the project, it is necessary to obtain a building permit, then build a house. The next step should be to obtain a decision from the state commission to put the house into operation. Next, you need to register the house with the cadastral register. Only after this will it be possible to purchase the land plot into ownership at the cadastral value.

How to buy a plot of land from the state for individual housing construction and how much it costs

If the auction is appointed by government agencies, applicants will not be required to undertake additional manipulations regarding the search for a site. In this case, all that is required on their part is a desire to buy the plot that the municipality has chosen. If the bidding is initiated by the buyer, the interested person will bear certain material costs for the manipulation of searching and preparing the land area.

Applications from citizens included in these groups are considered first. If the beneficiary submits an application to participate in the auction, then, most likely, the territory will be transferred to him on the basis of the priority right to acquire the land plot.

08 Feb 2020 juristsib 946

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How to change the category of land from gardening to individual housing construction

The said act must specify the grounds for changing the category, the area and cadastral number of the plot, the previous and changed category of the land. All that remains is to make changes to the category of the land plot in Rosreestr, for which you will need to write an application for making changes to the Unified State Register, attaching a passport and an act from the administration to it.

This set of documents is submitted for consideration to the local administration, which oversees the resolution of land issues. Together with it, a petition is written, which shows in detail the essence of the request (to change the category of the owner's plot to individual housing construction), indicating its address and cadastral number.

Price

The administrative procedure for changing the type of permitted use of a garden plot to individual housing construction is carried out free of charge .

At the same time, a fee is charged for the preparation of some documents included in those required by the body authorized to carry out the procedure.

Additional procedures and their costs:

Registration of cadastral extracts - up to 750 rubles. - for citizens, up to 2200 rubles - for representatives of enterprises and individual entrepreneurs.
Measurement of a plot with registration in Rosreestr - from 7,000 rubles. Prices vary depending on the region of work.
Registration of changes in the State Cadastre - up to 350 rubles. — for citizens, up to 1000 rubles. for commercial structures, depending on the form of information provision.

The services of a lawyer will help facilitate the procedure.

The specialist will ensure legal examination of documents and their timely submission for consideration by the authorized authority. The cost of services may increase by 20,000-50,000 rubles .

What is the difference between individual housing construction and SNT and DNP

Territories of land with the designation DNP and SNT can only become part of agricultural plots. In accordance with changes in legislation, DNP lands may sometimes be present in settlement areas. Territories for individual housing construction must always be located in the zone of residential buildings.

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Agricultural areas should not have high taxes. After all, this makes life difficult for farmers. Real estate tax is calculated based on the cadastral value based on expert assessment. Ideally, the cadastral price estimate should coincide with the market value.

Transfer of SNT to individual housing construction

Collection of documents: applicant’s passport, extract from the cadastre, Unified State Register, consent to transfer the plot from one category to another.
Submitting an application. The document must contain all the information about the land plot, as well as an indication of the paper according to which the right to it belongs to the applicant. The documents listed above are attached to the application. All documentation is submitted to the local administration.
Consideration of the application. The total period for reviewing documents is 2 months.

The procedure, conditions and rights under which SNT members can use the specified property are determined at the general meeting of the partnership and are enshrined in the minutes. The property is acquired at the expense of the SNT participants , which means they have equal rights to it.

Transfer of SNT to individual housing construction

Public use:

Agricultural – for the development of livestock farming and other farming;
Settlements – for development and residence;
Reserve territories - transfer from state status to public status only when the status changes.

State appointment:

Particularly important and protected areas – nature reserves, sanctuaries;
Forest and water;
Special purpose - lands for defense facilities, radio and television broadcasting, etc.
It is possible to develop territories and live on them only if they belong to public plots.
In exceptional cases, state-owned plots are subject to a change in status. Development is prohibited on their territory. Residence, registration and their use for the development of livestock farming and other farming.

The territory should not be located at a great distance from communications - the land should be located on the territory of the settlement;
The administration should not plan to use the territory for future agricultural work - the land should not have the status of “agricultural use”;

Transfer of a garden plot from SNT to individual housing construction

In order to correctly approach the choice of such a real estate property, you should keep in mind in advance that a residential building that can be built on the territory must be intended for housing only one family. In addition, it is necessary to register the rights to it within no more than three years after the land is acquired.

Submitting a corresponding application to the local administration, indicating in the document the original and desired category of the land property;
Attachment to the application of cadastral papers, title documents (sale and purchase agreements, deeds of gift, rent, inheritance, exchange) and other things;
Providing written consent certified by a notary on behalf of all co-owners of the property to transfer the garden or dacha plot to another category;
Expecting a response within a month.

Changing the business from gardening to private housing construction

Permits for plots intended for gardening look somewhat different. One nuance should be borne in mind here. The VRI ZU 2020 classifier has two codes for gardening. VRI with code 1.5 regulates the types of gardening activities for agricultural enterprises operating on large plots of land and selling their products on an industrial scale. VRI with code 13.2 regulates individual activities in areas intended for gardening. In addition to growing fruits, melons and other agricultural crops, including potatoes, the construction of a garden house on the site is allowed, in which one family can live, so

How to transfer land from SNT to individual housing construction in 2020

Info For the tenant to register changes, the lease term must be at least 5 years. If this is not the case, the cadastral chamber may refuse to register the changes. We obtain permission for a conditionally permitted VRI (Article 39 of the Code) According to Article 39 of the Code, it is important to perform the following actions:

Then a power of attorney (certified by a notary) and a passport of the representative are added to the documentation. The applicant sends a package of documentation to the executive authorities or self-government authorities of the city/district.

You can build at your own discretion - a house, a garage, a bathhouse. SNT only at first glance is not much different from individual housing construction. However, when building a house, you may encounter a number of problems, since SNT is, first of all, a partnership.

How to transfer SNT to individual housing construction, transfer of a garden plot

In addition, only persons with Russian citizenship have the right to transfer a site to another category. To determine for yourself whether it is really necessary to transfer the SNT property into a plot for individual housing construction, you should first clearly indicate what and how this property is planned to be used for, and whether such a decision will actually be profitable.

From the requirements for the site, I only remembered that it should not be narrower than 10 meters, and with an area of at least 6 acres. At the same time, find out the address of the next authority we need from the architect. Action 4: We move to the APU (Architectural and Project Management), and more specifically, to the department of pre-design preparation and construction. Task: to obtain documents and materials on the design of the site and the placement of buildings on it. Required (as always, original + photocopy): cadastral passport, registration certificate, application for change of status, “thousander” and ... topographical survey of your site and adjacent territories! More details here. Topographic surveys have an expiration date. About a year. How to change the category of land from gardening to private housing construction? The application is drawn up in any form, but some partnerships may have a specially designed document form.

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Accordingly, it turns out that if a citizen has a SNT plot and plans to build a residential building on it, then he needs to either complete construction and register ownership of the individual housing construction project by the end of 2020 or change the purpose of the land. For those who transferred the house in SNT to individual housing construction, the new law will not bring any changes.

How to change the status of a land plot to individual housing construction through government services

If information about land ownership is recorded in the Unified State Register, but the plot was not registered in the Unified State Register within five years from the date the data was entered, then after the specified time, such an object is deregistered and assigned the status of canceled. In this regard, the procedure must be resumed, since land deregistered can only be restored in court. Documents for changing the status of a plot In order to change the status of land ownership, as a rule, documentation is required, which is necessary when registering actions with real estate, giving rise to legal consequences.

This is necessary to obtain permission to build a permanent structure suitable for year-round use. The construction of a residential building on a garden plot is allowed, but the owner does not have the right to formally register there.

Consideration. The submitted petition will be considered; the law provides only two grounds for refusal: if it was submitted by an inappropriate person to submit it (but you are the owner, in other words, a proper person), or if the documents do not comply with the law (Law No. 172-FZ). The result of consideration of your application will be the transfer of land from gardening to individual housing construction and the receipt of an act on the transfer of the plot from one class of land to another, or an act on the refusal of this transfer.

How to transfer land from gardening to private housing construction in 2020

At the same time, buyers often do not realize that individual housing construction is designated as VRI land, and this includes various objects of individual construction - that is, the building itself. The paradox is that the building or residential building being erected may not legally stand on individual housing construction land - if, for example, such a house can be erected on agricultural land for a dacha. Because of this, confusion often arises. Sometimes buyers believe that the purchased plot can be independently transferred to individual housing construction. Buyers are confident that by performing such actions, they will ultimately receive a plot of “our land.” points" for individual construction. But in most cases, it will only be possible to change the VRI of the land from “gardening” to the classic “dacha construction”. That is why, before buying a plot with these prospects, you should learn the situations in which you can change the category of land.

(understand how to keep accounting records in 72 hours) > 8,000 books purchased In the absence of an address, the transfer of SNT to individual housing construction is carried out by the interested party submitting to the executive authorities or self-government bodies a petition and a package of documents specified in the section “Required documents required when transferring SNT to individual housing construction » this article.After

The settlement administration may adopt regulations providing for notarization of copies of documents. Clarify the procedure for providing documentation at the stage of forming the application.