The procedure and conditions for the purchase of leased land allocated for private farming

What is private household plot
We register ownership of private household plots
How to get land for private plots for free
How much land can you get for free for private plots in various regions of Russia?
What can you do on private household plot land?
What are the taxes on private household plots in 2021?
How to build a house on a plot of land for private household plots
Advantages when choosing land for private household plots for permanent residence
Disadvantages of a plot of land for private household plots
Who can help with registering private household plot land and how much does it cost?

What is private household plot

In understandable language, this combination of letters means personal subsidiary plot.
Its goal is to provide the family with healthy and fresh products. In essence, this is subsistence farming, which is carried out on one’s own or rented land. Anyone who breeds animals and poultry, grows fruits and vegetables on their plots and processes them can be considered a private farmer. Private household plots allow you to do without registering an individual entrepreneur and not paying taxes.

All relations with the state are regulated by Federal Law No. 112 of July 7, 2003. The law treats private household plots as a legal business without registration.

In Russia there are two types of land on which it is allowed to build and register houses.

Individual housing construction is located in cities and is intended for private construction.

Private household plots are located outside the city, in urban settlements and rural areas. In addition to the house, animals and birds can be raised on the site.

Private household plots are maintained on a land plot of the appropriate type and type of permitted use. Information about them is contained in the USRN extract or land documents.

To know exactly the type and type of land, order an extract from the Unified State Register of Real Estate. Anyone interested can get it for any property. To do this, it is enough to know the cadastral number or address, enter them on the public cadastral map and see the basic information in the window that opens.

When complete information is needed, an extended type extract is ordered, a fee is paid and an official document is received.

All types of statements contain information:

FULL NAME. all owners of real estate shares
Form of ownership: shared, full
Date of registration of the right to the object
Arrests, pledge, mortgage, encumbrances
Cadastral information
Price
Property parameters: dimensions, number of storeys
Plan of the house, plot.

Agricultural land is used for private household plots.

They are divided into two types:

Field – areas in a field on agricultural land.
Household plots are plots on the territory of populated areas.

Before building a house on land, you need to know the type of permitted use. For example, only temporary structures without a foundation can be erected at field sites.

And on personal plots you can build a house and get a residence permit in it.

The local government keeps records of all registered private plots and land for business. The products produced are recorded in the household books. Members of private household plots provide information about it voluntarily. If nothing is produced or sold on the site, then nothing needs to be reported. Household books serve as proof of registration of private household plots and are used for the legal sale of surplus. They can be sold in the local market and receive tax-free income. Seats at such markets are usually provided free of charge.

Historically, in Russia, peasants always had land with which they provided themselves with food. In the 90s, personal subsidiary plots saved people during delays in salaries and pensions. A personal plot provided a sense of freedom and the opportunity to solve the food problem of an individual family.

Nowadays, the following examples are often encountered: a city dweller bought a plot of land in a village and is building a house. From spring to late autumn, the grass is regularly mowed, and several fruit trees and shrubs are planted.

After registration of private household plots, family members are considered employed.

Unlike peasant farming, it is important to comply with 3 conditions that exempt private household plots from taxes:

The farm is run without the help of hired workers, only by family members. Since the farm is personal, all products produced are personal property.
certificate of availability of private household plots from the local administration
The area of the plot for private plots is not more than the maximum established by law. The minimum is 50 acres, the maximum according to regional standards is no more than 2.5 hectares.

It happens that the land is located next to the city. It is unlikely that it will be possible to register a peasant farm on the outskirts of the city, but a personal subsidiary will not be a problem. This helps to manage a household, build a house and provide natural products to relatives.

Registering a personal subsidiary plot or how to register a private plot

Application for financial assistance.
Copies of checks and receipts confirming the actual costs of agricultural activities.
Registration certificates for vehicles used for private household plots and other documents related to the case.

Features of registration of private household plots

Preparing a layout diagram of the health center, determining its boundaries and area. This is done if the area was not formed before its selection.
Drawing up an application for preliminary approval of the issue of granting a land plot. This action is necessary when the plot has not yet been formed, but is issued to the applicant.
Local government bodies (territorial department) resolve the issue of preliminary approval of actions to allocate space for private household plots.

resolution;
cadastral plan diagram with allocated land;
I put my passport on;
order on approval of borders,
You can take your passport to the cadastral chamber for land resources, where they will draw up a cadastral passport for the plot and a specific cadastral plan.

As Art. 4 of July 7, 2003 N 112-FZ, plots located within the boundaries of settlements (in this case they are called household plots) and those located outside the settlement zones can be used for private household plots, then they are called field plots, and there should not be any buildings on the latter .

Peculiarities of using leased land for private plots

Difficulties often arise with buildings on lands allocated for private plots. If the permitted use involves construction, that is, the site is registered as a personal garden, then you need to obtain the consent of local authorities for its development. But that is not all.

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Both citizens of the country and other people with citizenship of another state have the right to engage in farming. They can rent land from a private person or from the state, or buy it for their own ownership.

We register ownership of private household plots

This requires land. You can buy it, rent it from other citizens, or receive it for free from the authorities.

Each method provides a separate chain of actions. Let's talk about them in detail.

How to obtain land from the administration for lease, indefinite use or purchase? First, an application is submitted, in response you need to receive a written document that the authorities agree to allocate the land.

Now you can report your desire to register private household plots with the local administration and provide documents:

Passport information about the owner or tenant
Information about family members.
Cadastral number of the plot and its area.
Number of animals, birds, hives.
List of machinery, vehicles and equipment.

Documents must confirm that the purpose of the new subsidiary farm is to meet personal food needs.

Then proceed according to plan:

An application is submitted to the administration using a special form
Local authorities review the documents and issue a positive answer or refusal.
When permission is received, they turn to cadastral engineers to demarcate the plot.
The boundaries of the site have been determined. Now it is registered in the cadastre and an extract is received.
An extract from the Unified State Register is submitted to the local administration and after 20 days they receive documents on the right of ownership of the plot for private household plots.

As soon as land rights are registered, the farmer has the right to engage in private farming.

If there is no land, then you can buy it from another person. These can be both rural residents and city dwellers.

The chain of actions looks like this.

A suitable site is selected. To do this you will have to do a little research. For example, look at the urban planning plan and understand whether this site is planned for development, a highway or other government needs.
They will find out whether he is free from rent, collateral, or arrest using an extended extract from the Unified State Register of Real Estate.
If the information is verified and there are no doubts, then a purchase and sale agreement is concluded.

BTI authorities, cadastral engineers, and a notary can help at any stage of the transaction.

When the land changes owner, documents about this are submitted to the MFC. After 7-10 working days of state inspection, the new owner receives an extract from the Unified State Register of Real Estate certifying his ownership. From this moment on, the private plot is his property and he can dispose of it at his own discretion.

How to get land for private plots for free

See if the citizen falls into the following categories:

Families with 3 children, including adopted ones.
Working or unemployed spouses registered at the labor exchange under 35 years of age.
People in need of improved housing conditions.
Heroes of Russia, heroes of Labor.
Participants in combat operations.
Chernobyl liquidators and members of their families.
Former minor prisoners of concentration camps.
Disabled people, families with disabled children.
Specialists who have worked on the farm for at least 5 years and have rented land.
Forced migrants.

The list may vary depending on the region. Exact information and conditions for issuing plots can be found on the public services portal of a specific region.

In addition to the items listed, land can be received as a gift, inheritance, exchanged or purchased.

Specialists and farm workers receive free use of the land as long as the employment contract is in force. Moreover, if the land is withdrawn for state or municipal needs, then in return another plot with similar characteristics is provided.

To receive land for free, you need to write an application to the administration of the district where the land is located and attach documents confirming the right to receive it free of charge.

This can be done through your personal account on the government services portal. The authorities will check the information and issue a decision on the allocation of the site or a refusal.

An email will be sent to you regarding the response date. After this, you can go to the administration to receive the original document.

It is important that the plot must have the status of “land for personal farming”. If the type of use in the column is indicated “for gardening” or “for livestock farming,” then the land does not have the status of private household plots.

Usually the authorities are in no hurry to allocate and register land, so the procedure may take a long time. The average time for issuing documents is 15 working days.

A positive response, along with documents for the house and land, is submitted to the MFC for registration.

Lph - registration of land ownership

Visitors to the legal consultation asked 549 questions on the topic "". On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!

Good afternoon My father recently suggested that I register a plot of land as my own! But he is not the owner, the owner was his mother, she died a long time ago and the plot was never owned 02/07/2013

Hello, my mother has lived in a private house for more than 20 years, there are no documents for the house except the house register. My great-grandmother used to live there.

How much land can you get for free for private plots in various regions of Russia?

Land for subsidiary farming is under the jurisdiction of local authorities. They provide it for rent, indefinite use, or sell it to citizens.

The maximum size of an allotment for private household plots is defined as 50 acres. However, regional authorities can increase it to 2.5 hectares. For example, in the Leningrad region it is 99 acres. In other regions, 50 acres are allocated per person. Exact standards are contained on the website of government services or local administration.

The size of the plot depends on the following conditions:

What rule of law applies.
What category of citizens does the applicant for the plot belong to?
For what purposes is it provided?

It is important to keep in mind that the authorities may allocate a site in areas where it is impossible to use equipment, or several kilometers from the house. Therefore, when submitting an application, you can ask where it is planned to allocate land for private plots.

If there is not enough land near the house, then they rent it or buy a plot in the field.

Another nuance is that the distribution of plots can be carried out through bidding on a competitive basis, and the authorities do not inform in advance about the location of the plot.

And it’s a completely different matter when a tenant wants to buy out a plot on which he has been working for several years. In this case, he enjoys the pre-emptive right of redemption.

How to rent land for private plots in 2020?

The law allows to erect buildings on such a site and connect communications to them.

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Field (outside settlements). In accordance with Article 4 of Federal Law No. 112, construction on lands of this type is prohibited.

Article 4, paragraph 5 of Federal Law No. 112 establishes the size of the areas allocated for private plots.

A land plot of 0.5 hectares is taken as the norm.

Attention! The territory of a household plot can be increased no more than 5 times. Permission for this is issued by local authorities. Products grown on such lands are the property of the tenant.

It can be sold tax-free if the following requirements are met:

All work on it is carried out only by family members without the involvement of hired labor.
the size of the plot must comply with established standards;

How to take a plot of land for temporary use without bidding?

Land plots intended for private household plots can be rented without holding a tender.

The document should indicate:

location of the desired territory;
tenant details;
plot size.
purpose of land use;

The document also requires information about the lands owned by the potential tenant.

This is only permitted for individuals and farms. The whole procedure can be divided into several steps. 1 step. First, you need to write an application to the administration on whose balance sheet the desired plot is located.

What can you do on private household plot land?

According to the law on private household plots, the allotment is used for the following purposes:

To obtain agricultural products.
For the construction of a residential building and auxiliary structures.

The main subtlety is that private farming is carried out on agricultural lands and on the lands of populated areas.

On the land of private household plots it is possible

install greenhouses, sheds
set up apiaries
grow all types of crops
garden
gardening
produce organic products
raise rabbits and broiler chickens.

If construction is currently underway on the site, and you plan to raise animals in the future, then you do not need to additionally inform the authorities about this.

But about breeding exotic animals and birds you will need to notify the authorities and pay a social tax.

Redemption of LPH land

Good afternoon How is ownership of a non-capital object formalized?

According to the Land Code of the Russian Federation according to the Customs Union. 39.20 land is given for a capital construction project. Therefore the refusal is legal. If you want to own a plot of land, even a barn or a garage with a foundation is enough.

On private plots they can be erected without building a house. Best wishes! 3. I received a plot of private farm land in a rural settlement for a 20-year lease with the right to buy. I carried out land surveying and received permission to build a residential building.

The house was built with the investment of maternity capital.

But there is no road and no water. I went to a rural settlement with a request to bring us water. To which I was told that there are no funds in the budget, try to drill a well.

We drilled two, but we were told that there was no water in our area.

what to do next. Lawyer Nazarova E.

N., 564 answers, 287 reviews, on the site from 06/21/2020 3.1.

You need to contact the resource supply organization (something like a city water utility) about the need to connect your home.

4. Ownership of a land plot on the lands of private household plots; the plot is owned on the plot; the house; half of the house belongs to me; the other half belongs to the neighbors; now the neighbors are selling their plot; documents for the plot; they have one; the second part of the house is missing; if I buy the land plot; will it be possible demolish the entire house the house is very dilapidated Thank you. Lawyer Karavaitseva E.A., 56552 answers, 26874 reviews, on the site from 03/01/2012 4.1. The building can only be demolished with the consent of all owners of the house.

5. I bought a plot of land with an area of 2.2 hectares, part of the plot near the river in a water protection zone. Category of private household plot land. I am planning to dig a pond for my own needs (rearing fry). What do you need to dig a pond? With whom should I agree (is it necessary) what size can I dig a pond?

Thank you. Lawyer Karavaitseva E.A., 56552 answers, 26874 reviews, on the site from 03/01/2012 5.1. Consultation on this issue can only be provided on a paid basis. Contact the lawyer of your choice in private messages.

What are the taxes on private household plots in 2021?

Legal status allows you to pay only two taxes: on land owned and on real estate and equipment. There are no taxes for leased land.

Pensioners are exempt from paying taxes.

Owners of private household plots have no income tax, no VAT, or deductions from employee wages. Income from the sale of products is also not taxed. It is enough to present a certificate from the local administration that the products were produced in private household plots.

Often owners sell flowers, meat, dairy products at the market and questions arise about cash registers. Cash desk is required only for organizations and individual entrepreneurs.

If the land is not used or is used for other purposes, the owner faces a fine and confiscation of the plot with subsequent sale at auction.

The law provides for the following cases:

Inappropriate use of land for 3 years.
During ownership, the quality of the site or the environmental situation deteriorated.
Confiscation of land for state needs.
A plot of land whose area exceeds the legal norm is alienated.

If the size of the plot is larger for some reason, then the owner can correct the situation within a year as follows: sell, donate, refuse, lease, register as an individual entrepreneur or K(F)H.

This condition is established in the legislation in order to exclude the emergence of giant private household plots that lease or own hundreds of hectares without taxation.

How to transfer private farm land from lease to ownership 2020

This document may exempt you from paying tax. The certificate must also indicate the data of other persons who participated in the conduct of business activities.

This will eliminate unnecessary questions from government agencies. The owner of private household plots already pays land tax.

Registering a new entity, such as a private householder, can be difficult. Let us list all the stages of opening a private household plot sequentially: 1.

Attention The law allows you to change the status of a land plot with erected buildings if the land is owned or leased.

The owner must register in rural areas. 2. It is necessary to obtain the appropriate documents for the plot with the specified type of activity that you plan to engage in - farming. 3. The law formulates this type of entrepreneurship as follows: “for subsidiary farming” or “for personal development of activities.”

If such wording is written down in the documents for the site, then you can safely contact the local government authorities to apply for a subsidy. 4. In order for an activity to be included, the administration must check the documents and a copy of the passport. During registration, an important role is given to the business plan for the future development of the subsidiary farm.

On a plot of land for private household plots, the construction of a palace over the entire area is strictly prohibited.

It is necessary to plant trees and plants and keep livestock. There should be a smaller part of the land under the buildings: a house, a stable, a barn. Free registration of a rental plot as a property is allowed only once in the life of one person.

Translation has many nuances and requirements from the authorities.

It would be a pity to lose the site if the regulatory authorities decide to misuse the site.

There is a "loophole" that helps you avoid trouble. Village councils must keep records of private household plots, but the submission of information is not mandatory. By law, the initiative belongs to the owner.

This will help you “be friends” with the authorities. You should visit the village council annually and submit the necessary information.

Management will be aware of the intended use of the land, since the owner voluntarily cooperates with the authorities.

How to build a house on a plot of land for private household plots

The choice of land determines whether the owner will be able to build residential real estate and conduct business activities. According to the law, you can build a house on the lands of settlements (ZNP) and agricultural lands if they are located within the boundaries of the settlements. Type of permitted use: private household plots, gardening and individual housing construction.

The general rules for the construction and registration of houses also apply to private household plots.

Before the start of construction, a notification is submitted in a special form. You can use the government services website or the administration website. The notification includes information about who is building the house, where and on what site, and from what materials. The information must convince officials that all requirements of the law, fire, sanitary, and urban planning standards have been met.

In response to the notification, the authorities send approval or refusal of construction. In order not to find yourself in a difficult situation, you should not start work until you receive a positive answer.

Once consent is received, the developer has 10 years to build. As in the case of individual housing construction, standard requirements are imposed on the house.

They build a house no higher than 3 floors, observing all the setbacks from the boundaries. It is intended for one family without division into apartments.

Once construction is completed, a completion notice is submitted to the local administration.

You will need to draw up a technical plan for the house from cadastral engineers. After checking the documents, the property is registered in the state cadastre and an extract from the Unified State Register is received.

The field plot of land is classified as agricultural land, so you cannot build a house on it.

But the following buildings are allowed:

Corral for cattle.
Equipped places for milking.
Canopies for protection from rain.
Reclamation structures.

A separate legal regime applies to each type of land. Therefore, we advise choosing settlement lands and asking the administration to allocate a problem-free area.

All design documentation for a house must be coordinated with local authorities.

How to obtain municipal land for private household plots

Pay attention to paragraph 4 of Article 28 - it emphasizes that it is not permitted to refuse to provide ownership of land plots in state or municipal ownership to citizens and legal entities for construction, except for cases specifically specified in the Land Code. There are only three such cases

How can they? The answer is “We don’t have land in the village” and that’s all. There is an agricultural company that most likely illegally occupied all the municipal lands, well, of course, not without the knowledge of the village council. The fact is that we have no young people at all, only old people aged 60-80 years, this is exactly how they answered me when I tried to purchase land. The most interesting thing is that there is a house, but no land. What does it mean. In our district, the allotment is 2 hectares, and in neighboring Ukholovsky for some reason up to 10 hectares per person. The region is one, but the laws are different. What can you do on 2 hectares if you deal with cattle? You can’t prove anything to anyone. So I’m going to contact the district agricultural department.

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Advantages when choosing land for private household plots for permanent residence

There are no taxes on manufactured products. To resolve any questions that arise from law enforcement officers, it is enough to present a certificate from the local administration that the products were obtained from private household plots without the use of hired labor.

No need to register with the tax office.

Benefits are provided for agricultural machinery and transport tax.

Taxes on private household plots are lower than on individual housing construction.

You can build a house on a personal plot and use common communications.

The law recognizes a house on the site as residential and you can register in it.

Take advantage of benefits under the state program and receive funds for the purchase of seeds, animals, bees, feed, and tools for cultivating the land.

The owner receives a house with a garden plot on which he can grow vegetables and fruits, raise chickens, geese, and rabbits for his own needs. Millions of Russians solve their families’ food problem in this way.

Farm owners are not afraid of visits from government officials, unlike K(F)H.

Documents for building a house on a private plot

To obtain a building permit, it is necessary to confirm ownership of the land, as well as provide urban planning documents and a site plan indicating all located objects. After obtaining permission, the technical plan is carried out.

Registration of a permit to build a house on a private plot

In addition, on lands allocated for individual housing construction according to the law, local municipalities must organize effective engineering and social infrastructure. By purchasing a land plot for individual housing construction, you can count not only on the provision of territories for individual housing construction with the necessary engineering communications, but also on the availability of high-quality roads, systematic transport links, healthcare institutions, education, shops and other socially significant facilities. In winter, roads must be cleared of snow and ice. The implementation of these activities is within the competence of the municipality, and owners of individual housing construction plots, by law, can also count on this.

Disadvantages of a plot of land for private household plots

You cannot build a house on a field plot of land outside the boundaries of the settlement zone. Otherwise, it is recognized as a squatter building and must be demolished. For the owner, the distance from a populated area is often complicated by the inaccessibility of communications. There are no roads or they are in terrible condition. You have to independently install and pay for electricity, water supply, and repair the entrances to the farm.

For example, a person received a land share from a collective farm. Since the plot is located in a field, it is impossible to build a house. This is not the intended use of land with all the consequences.

But even on personal plots, local laws may limit the development and use of private household plots. For example, residential buildings can occupy no more than 10% of the total area.

There is no right to preferential loans and subsidies. You will have to pay land tax.

If you plan to raise cows or other large livestock, you need to check with the veterinary services about the area norms per animal.

You can sell surplus products only in specially designated areas. These include markets, seasonal fairs, and wholesale centers. But trading near the metro, at transport stops and in unauthorized places is prohibited.

Certain types of activities are also prohibited: the production and sale of fertilizers.

A declaration of conformity, which is necessary to deliver goods to retail chains and stores, is not issued.

Before purchasing a plot for private household plots, you need to check whether it is covered by zones with special conditions for the use of the territory.

These include: sanitary protection, security zones near the railway, power lines, zones of historical monuments and culture, water protection. They place special demands on the site. It is prohibited to build or reconstruct houses in such zones.

Lighting fires, burning dead wood and plant remains on agricultural land is prohibited.

In garden plots, you need to mow the grass regularly. Its height should not be higher than 20 cm.

A special requirement concerns hogweed on the site. A fine of up to 50 thousand rubles is provided for it.

There are enough pros and cons for private household plots. It is important to assess in advance how profitable the farm will be.