Use of land not for its intended purpose concept and consequences

Agricultural land: purpose and use options

If you decide to acquire ownership of a plot of land or plot for agricultural activities, you should pay attention to a number of important nuances. First of all, it is necessary to determine the distance of the land from the city limits. This is especially important when purchasing a summer cottage. A place to relax is chosen based on personal needs, but an important factor is the ability to quickly get to work/study.

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.

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Timely use of land

Among the obligations of the land user (Article 42 of the Land Code of the Russian Federation), the legislator indicated the need for timely development of the site. This obligation is relevant if the terms of development of sites are specifically stipulated in contracts.

There is a big difference between the use of public and private lands. When transferring a plot of land for rent, a private owner is interested in the full and timely receipt of rental payments, as well as in maintaining the consumer qualities of the leased plot.

Whether the tenant has begun to develop the site or whether he receives benefits from the concluded deal does not matter to the landlord. The only exceptions in this regard are agricultural lands, since their non-use can lead to a decrease in soil productivity.

The public owner, be it a territorial community or the state, on the contrary, strictly controls the timeliness of the use of plots for their intended purpose. This policy prevents resellers from buying up land, creating artificial shortages and speculating on prices. Art. 39.8 of the Land Code of the Russian Federation establishes deadlines for concluding public land arena agreements:

• up to 3 years – to complete the construction of an already started property;
• 3 – 10 years – for the construction and reconstruction of the building;
• 20 years – for individual housing construction, personal subsidiary plots, etc.

However, even within these relatively short periods of time, it is possible for plots to be withdrawn due to lack of use. Modern agreements on the provision of public lands for the use of citizens may stipulate the timing of the start of construction work or other actions to develop the site. The lessor, taking advantage of Art. 619 of the Civil Code of the Russian Federation, stipulates its right to:

• checking the state of development of the provided lands;
• termination of the contract in case of untimely development of the site.

The obligation for timely development of allocated sites by organizations is often spelled out even more strictly in contracts. For example, according to Article 38.2 of the Land Code of the Russian Federation, an agreement on the comprehensive development of territory for housing construction must contain:

• deadlines for preparing the planning and surveying project of the territory provided for development;
• maximum terms for the construction of engineering infrastructure and the transfer of landscaped areas to public ownership;
• deadlines for the construction itself.

Type of permitted use of agricultural land

This regulatory act thus ensures the regulation of relations that arise between users, owners and others, including municipal/state structures, in the field of ensuring soil quality in exploited and cultivated areas. The provisions of the document establish the procedure, duties, rights, responsibilities, powers of the subjects, the nature of the activities, assumptions and limitations of reclamation work on the ground. The law regulates those relations and activities that are not regulated by the Land Code and other regulatory acts of the country in the field of environmental management.

In the process of changing the type of permissible use of a plot from “for agricultural production” to “for summer cottage construction,” there is a significant limitation that some plot owners do not take into account. According to current regulations, territories can be provided for vegetable gardening, summer cottage construction, gardening exclusively to citizens or their non-profit associations. The latter, in particular, include consumer cooperatives, partnerships, and non-profit partnerships. Land plots, the type of permitted use of which is “dacha construction”, “conducting vegetable gardening/horticulture”, cannot be allocated to legal entities if they carry out entrepreneurial activities of a paid nature. Such commercial structures, in particular, include joint stock companies, LLCs and other companies. The exploitation of agricultural lands or plots included in them, provided for the duration of the construction of power lines, road surfaces, communication lines (including linear cable structures), gas, oil and other pipelines, must be carried out in the presence of a project for reclamation of such plots for agricultural needs without transferring them to another category provided for in regulatory documents. The specified documentation must be approved by authorized specialized structures.

Usage check

Land and civil legislation in land relations defines individual land plots and types of rights to them as objects.
Land can also act as an object of crime. Often, land plots are sown with some crops from third parties. Therefore, every owner, tenant or user of a land plot in the process of agricultural activity must control its use and protect it from illegal use. To ensure that title holders and property owners do not have any troubles related to the land, they should regularly inspect land plots, even if they are not being farmed. If the fact of illegal use of land by third parties is discovered, it is necessary:

1. Notify the local cadastral authority that the land has been illegally occupied and used by a third party. Also petition to bring him to justice.
2. Draw up a report on the inspection of the property or a protocol on the offense.
3. Send a demand to stop using the land and pay the entire amount of income received from its use to the person illegally using the land. At the same time, set a specific and adequate deadline for completion.
4. If the guilty party fails to comply with the requirements before the end of the established period, the injured party files an application to the court.

Drawing up an act

To draw it up, you need to assemble a commission, which should include a cadastral engineer and a representative of the municipality whose lands this site belongs to. The Act must contain information about:

• location of the land plot (landmarks, boundary plan, cadastral number);
• land category;
• size of the land plot (area occupied by agricultural crops);
• on what basis is the land plot used by third parties, what crops are sown and what work was carried out;
• who carried out agricultural work on the date of drawing up the Act.

Protocol

This document, just like the Act, can serve as confirmation of the illegal use of land. The protocol is drawn up by a representative of the federal service of state registration, cadastre and cartography, who monitors the correct use of land.

The protocol must indicate as the culprit the specific person who committed the offense. The culprit is brought to the attention of the administrator. liability under Art. 7.1 of Chapter 7 of the Code of Administrative Offenses of the Russian Federation for illegal occupation of a plot of land.

For his part, the owner of the plot can file a claim against him for damages and at the same time prove the existence of circumstances that constitute lost profits for him.

What is agricultural land

In the future, land prices may rise. That is why many businessmen consider buying a share a successful investment. Benefits can be obtained through further leasing, resale or organizing agricultural activities on the purchased plot.

Agricultural areas where people live are under state protection in accordance with Articles 12, 13 . The legislation also obliges activities to be carried out in such a way as to ensure the safety of environmental systems and prevent pollution, disturbances and other negative impacts.

Agricultural land: types of permitted use

• numbering assigned to the land plot upon its registration in the cadastre;

the land category to which the site is assigned and the one to which the transfer will be carried out;

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• designation of the motive (for which translation is necessary);
• a document serving as confirmation of the ownership of a land plot.

If it differs from the purposes for which the site is being purchased, it is necessary to think about how expedient such a transaction will be, since re-registering the type of permitted use of the site will require significant investments in both finances and time.

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Is it possible to build a house on agricultural land?

For example, summer residents need a house for their intended purposes; harvested crops or tools can be stored in a hangar. Therefore, regardless of the further purpose of the land plot, summer cottage construction and the construction of outbuildings on a garden plot are permissible. This will be a permitted construction on a legal basis.

Legal construction and permitted use of buildings on agricultural plots depends on the type of economic activity . In 2020, farming, gardening, dacha and homestead activities . Buildings are necessary for the successful development of each type of agricultural direction and have a purposeful purpose.

Who is involved in land supervision?

Relevant activities are carried out by regional branches of the state register. Employees of these departments have the right to conduct scheduled and unscheduled inspections. At the initiative of authorized employees, control begins based on complaints received from official bodies, neighbors or other land owners whose interests are affected.

If the cadastral value for a given plot has not been determined, fixed fines are established.

About the use of agricultural land in questions and answers

— In addition to the increase in the size of fines, which we have already drawn attention to, it should be said that if a plot of land is not used for agricultural purposes, the amount of the fine depends on the cadastral value of the unused part of the land plot and for individuals is up to 0.5% of this value, but not less than 3000 rubles For officials, respectively, up to 1.5%, but not less than 50,000 rubles and for legal entities - up to 10%, but not less than 200,000 rubles.

— In parallel, the legislator, along with tightening penalties, provided not the possibility, but the obligation to replace the fine with a warning. But this rule applies only to small and medium-sized businesses and their employees if the offense was committed for the first time and it did not cause harm to the environment.

Grounds for termination of ownership of a land plot: general rules

The division of land territories into categories is the main and main criterion for their intended purpose.
Types of land determine the intended purpose of each individual category, which involves the use of the territory belonging to it, in accordance with the established regime of land use and the approved land management project.

Attention! Misuse of territories is the destruction of state land management, independent transfer of land to another category of use and violation of the procedure established by law for the allocation of land plots.

1. Lands belonging to the agricultural category do not provide for the construction of residential buildings on their territories or the organization of dacha farms. Enterprises or infrastructure cannot be built on them.
2. Lands classified as populated areas do not provide the right to plow the territories allocated for use and organize farms on them.
   In these territories there are personal plots of owners and other types of activities on lands allocated in the settlement, except for individual housing construction and the organization of private household plots, are unacceptable.
3. Special purpose territories cannot be used for housing construction, park areas, sanatoriums, recreation centers, or used for growing agricultural products.
4. Specially protected areas are not a place for the construction of residential and industrial facilities, infrastructure facilities, or the placement of agricultural land.
5. Lands belonging to the water fund also cannot be used for construction, except for the construction of hydraulic facilities.
6. The forest fund is a conservation area; land lease is strictly controlled by laws that define the conditions, features and grounds for the allocation of such lands.
   Industrial and residential construction is prohibited in forest areas.
7. Reserve lands are the untouched property of state authorities and are not allocated for use.

According to legislative acts, the use of land of existing categories for another purpose is not allowed. Such activities become possible only after the procedure for transferring the land to another category.

Responsibility for misuse of land occurs after local administrative bodies discover facts of violation of land use, which are provided for by law.

In case of violation of legislative norms and rules for the use of land territory, local administrations have the right to send an order requiring the elimination of deficiencies and to impose a fine. If the requirements are not met within the prescribed time frame, the land will be confiscated.

If there is a calculation of the cadastral value of the land, a fine will be charged:

• from citizens - in the amount of 0.5-1% of the cadastre assessment, but the minimum amount cannot be lower than 10,000 rubles;
• from officials - in the amount of 1-1.5%, minimum amount - 20,000 rubles;
• from legal entities – 1.5-2%, minimum amount – 100,000 rubles.

If there is no calculation of the cadastral value of the land, a fine is imposed:

• from citizens - in the amount of 10-20,000 rubles;
• from officials - in the amount of 20-50,000 rubles;
• from legal entities – 100-200,000 rubles.

For non-use of allocated land areas in the presence of the cadastral value of the land, the fine will be:

• for citizens - in the amount of 0.3-0.5% of the cadastre estimate, but the minimum amount cannot be lower than 3,000 rubles;
• for officials - in the amount of 0.5-1.5%, minimum amount - 50,000 rubles;
• for legal entities – 2-10%, minimum amount – 200,000 rubles.

For the use of land from the category of agricultural and for construction for purposes other than its intended purpose, if there is a cadastral value for the land, a fine will be withdrawn:

• from citizens - in the amount of 1-1.5% of the cadastre assessment, but the minimum amount cannot be lower than 20,000 rubles;
• from officials - in the amount of 1.5-2%, the minimum amount is 50,000 rubles;
• from legal entities – 3-5%, minimum amount 400,000 rubles.

• from citizens - in the amount of 20-50,000 rubles;
• from officials - in the amount of 100-200,000 rubles;
• from legal entities – 400-700,000 rubles.

In case of untimely completion or absence of work on the use of land, which entails its unsuitability, a fine is provided for:

• from citizens - in the amount of 20-50,000 rubles;
• from officials - in the amount of 100-200,000 rubles;
• from legal entities – 200-400,000 rubles.

The lands used by owners and tenants are natural areas that are controlled and protected by the state.

The use of land resources requires careful care and proper legal process for the exploitation of allocated lands. Such use guarantees success and protects against possible violations of the law.

Property rights in Russia are guaranteed by the state. Methods for terminating property rights are divided into the following groups:

• alienation of assets;
• relinquishment of ownership rights;
• loss/destruction of property (rarely applicable to land plots, for example, in the event of a bank collapse due to erosion by a river);
• termination of the right on other grounds.

By virtue of Art. 44 of the Land Code of the Russian Federation, ownership of the plot is terminated:

• due to alienation;
• upon relinquishment of ownership rights;
• as a result of forced seizure.

Termination of ownership of land against the will of the owner is a set of legal and actual actions with which the legislator associates the forced (at the initiative of the competent authority) seizure of a plot.

An owner whose interests are infringed has the right to claim proportionate compensation.

List of grounds for forced termination of ownership of plots:

• foreclosure on property for the obligations of the owner of the site;
• nationalization, redemption for public needs (Articles 49, 55 of the Land Code of the Russian Federation, Articles 279 - 282 of the Civil Code of the Russian Federation);
• requisition (temporary paid seizure) to protect the vital interests of society (Article 51 of the Land Code of the Russian Federation, Article 242 of the Civil Code of the Russian Federation);
• confiscation (gratuitous seizure) as a sanction for an offense committed (Article 50 of the Land Code of the Russian Federation, Article 243 of the Civil Code of the Russian Federation);
• alienation of a plot that, according to Federal Law of the Russian Federation No. 101-FZ “On the turnover of agricultural land,” cannot belong to a foreigner or a foreign company;
• payments to the owner of an insignificant share of monetary compensation in exchange for an allocation in kind (clause 4 of Article 252 of the Civil Code of the Russian Federation)
• recognition of a third party's ownership of real estate located on the site.

Seizure of a site due to improper use is possible in the following cases:

• irrational and inappropriate land use, use of a site in a way that reduces land fertility or worsens the environmental situation (Article 285 of the Civil Code of the Russian Federation);
• non-use for three years of a site intended for agricultural production, individual housing construction or other construction, unless a longer period is stipulated by special regulations (Article 284 of the Land Code of the Russian Federation).

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This three-year period does not include the time required to develop the site. The rule does not apply to agricultural lands that are subject to the Law of the Russian Federation No. 101-FZ “On the turnover of agricultural lands.”

In accordance with Article 7 of the Land Code, all plots are divided into the following categories:

1. Reserve fund territories.
2. Lesnogo.
3. Water.
4. Industrial (television, energy, etc.).
5. Protected areas or objects.
6. Space Fund.
7. Defense
8. Agricultural.
9. Lands that are considered populated areas.
10. Allotted for individual housing construction.

In addition to categories, the classification of plots is made by type of land, according to regional zoning. Types of land plots:

• Individual housing construction (individual housing construction);
• Private household plot (personal subsidiary plot);
• horticulture;
• gardening.

The most important documents issued before 2020 are the cadastral passport and the certificate of ownership, containing information about the intended purpose of the land. The public cadastral map also shows the permitted use of a specific land plot.

In accordance with the requirements of the Land Code, all owners are obliged to use land only for its intended purpose. It is not allowed to change the assignment without permission. This is done only in consultation with authorities vested with special powers.

The regulatory documents contain a list of objects located on sites according to their intended purpose.

If, for example, on a specific site for individual housing construction it is permissible to build a residential building of up to 3 floors, this does not mean that it is possible to place hotel rooms and conduct business activities there.

Why do some citizens use land for purposes other than its intended purpose? Most often this is due to savings when purchasing land and paying taxes. After all, land plots for individual housing construction are significantly cheaper than similar plots allocated for business purposes.

There are cases where retail outlets, repair shops, etc. are organized here. Administrative fines are imposed for using the land for other purposes.

There are cases when the owner builds a residential building on land allocated to him for agricultural activities. To avoid the corresponding punishment, the owner needs to take care in a timely manner to transfer his site from one category to another.

Use of land for agricultural purposes

• commercial organizations;
• citizens;
• partnerships for farming;
• Cossack communities;
• non-profit organizations, such as religious associations;
• farms;
• existing educational agricultural organizations;
• research institutes;
• communities of local peoples of the Northern regions, as well as the Far East and the Siberian part of Russia.

• forest planting;
• personal farming;
• creation of a peasant association;
• growing any fruits and vegetables;
• breeding poultry or animals;
• scientific research;
• hunting management;
• fishing;
• training in agricultural educational institutions.