Transfer of land to the category of individual housing construction

Types of land

Allotments fall into several categories. All of them are prescribed in the Land Code of the Russian Federation. Differences between plots and whether it is possible to build your dream home on specific land.

Category of plots - a share of the entire state land fund, which is divided into direct use and has a certain legal regime. All plots are divided into categories:

agricultural purposes;
industrial, energy, transport, areas for space activities, defense, security and other specialized applications;
for settlements;
specially protected areas and objects;
forest fund;
water fund;
reserve plots.

There is also a permitted use (PRU) statement. There can be a great variety of them. For example, for individual housing construction, for running a personal subsidiary plot, for housing construction, for organizing a peasant farm, etc. Allotments of various categories can combine the same type of use.

The construction of your own house is permissible for 2 categories, for agricultural purposes and settlements. Individual housing construction is not included in an independent category, it is only RIV. Individual housing construction is a dwelling where you can live and register.

The legislation of the Russian Federation allows the construction of houses for living on plots for agricultural purposes of certain types:

garden - the construction must be non-permanent and cannot be registered;
garden - it is impossible to register and live;
country houses - registration and residence are permitted.

Why is it better to transfer a plot of land from agricultural use to individual housing construction, if the construction of a house for living is still permitted?

The point is that individual housing construction has some advantages:

registration when living in a house;
you can get an address, with the ensuing advantages;
the ability to install communications of the required power into the house;
The municipal government should be responsible for the roads to the entrance of the house in the territory under its jurisdiction.

Disadvantages of individual housing construction:

the tax on land for building a house is higher;
if the construction of the house is not completed within 10 years, the tax increases;
if construction has not started within 3 years, then the land may be taken away;
the cost of an allotment for individual housing construction differs from others in a not very good way.

Individual housing construction - what is it? Transfer of land for individual housing construction

In our article we want to talk about individual housing construction. What it is? Let's look into this issue. After all, very often in advertisements for the sale of plots, houses, and dachas you can find such an abbreviation. But what exactly does it mean? And does it make any difference to purchasing real estate? It turns out it does. And sometimes it plays a decisive role, since every buyer wants to invest their savings wisely.

When purchasing a house with an individual housing plot, you can easily register in it.
You can build your own house on an individual housing construction plot, having received the appropriate permission.
Living in an individual housing construction home, you pay property taxes and utility bills according to the meters. You are not required to pay any membership fees. Also in this case, you do not pay for road repairs, gasification and other services, since this is the responsibility of the locality administration.

Is it possible to change the destination category?

Agricultural plots are expensive at cadastral prices. When the category is changed, the price for the property decreases and the state loses the profit it had planned. Due to the luck of moving to the opposite category, it is necessary to compensate the state for the loss of part of the income. Which could be disadvantageous. Moreover, you can simply assign the status of individual housing construction to the agricultural plot.

It is possible to transfer an allotment from agricultural use to individual housing construction and is regulated by the Land Code of the Russian Federation and Law 172-FZ . According to this law, individual housing construction sites must be classified as settlement sites.

There is zoning of the state area according to the use of plots. If an agricultural plot is located outside the settlement limit, then it can be transferred only after the settlement limit has been moved.

This is permitted in the following cases:

the plot is located directly to the boundary of the general plan;
for the future, to plan the development of the settlement area.

It will be possible to transfer land for individual housing construction only in certain cases.

Advice! Just change the VRI. This will save time, stress and savings.

Transfer of agricultural land to individual housing construction

In practice, changing the category of a land plot is very rarely resorted to. The most proven and reliable method is to legally secure the use of agricultural land for individual housing construction. This can be easily done in the following cases:

Types of land plots

Agricultural lands have the most expensive cadastral value. With their transfer to another category, the value of the plot falls, and the state loses the planned income from this plot. Therefore, if the need to change the category for such a plot is proven, the owner will have to compensate the state for losses from the exclusion of this land from the revenue part. Sometimes this is not economically feasible. Moreover, there is a way to change the type of permitted use of land. And without changing the category, you can assign the status of individual housing construction to an object on an agricultural plot.

In order to transfer a plot of land from the category of agricultural purpose to individual housing construction, you will have to pay a fairly large sum of money - a state duty in the amount of 30% of the value of land ownership, registered in the cadastre.

Construction of a private house is the most preferred way to improve living conditions. But in order to build such a building, you must own a plot of land intended for individual housing construction.

How to transfer agricultural land to individual housing construction

The total cost of transferring a plot is at least thirty percent of its cadastral value. In addition, if we are talking about the need to carry out a land surveying procedure, then at least another fifteen thousand rubles should be added to this cost (the total cost of land surveying, depending on the region, ranges from 15 to 50 thousand rubles). Also, if all the documents are prepared not by the owner or tenant of the site, but by a professional lawyer, depending on the region, you will have to spend another 20 to 45 thousand rubles for his services.

purchase only those plots that are legally included within the city limits and where it is permitted to build a residential building;
or plots on the territories of dacha and gardening associations , but with the necessary permission to build a private house.

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Documents for transferring land from agricultural use to individual housing construction

If everything is in order, then a copy of the document is sent to Rosreestr to make changes in the status of the land. Once these changes are made to the records of the registering authority, the transfer can be considered completed.

a petition that states (Law No. 172-FZ):
the category of lands that the site belongs to and the lands to which the transfer is expected to take place;
cad. land plot number;
justification for the transfer (it is very important to obtain before transferring agricultural land) of the plot;
rights to the site.

Important! There may be your own individual reasons for processing such a transfer, which are considered in each case individually and can have a serious impact on the final decision.

The following documents should be attached to the application (Law No. 172-FZ):

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.

If we take into account the economic situation and price level in the country, we can understand why the demand for land plots included in such partnerships is quite high, and more and more plots fall under their protectorate.

Its construction must be carried out in advance with authorized organizations. The procedure for registering a house is lengthy; upon completion, the owner is given title documentation. At the same time, the shortcomings of the translation can be ignored. If the land is needed to build a residential building, it means the owner is ready to pay property taxes.

How to transfer land from SNT to individual housing construction

For a site that falls into the category of individual housing construction, there is a special registration procedure; you will also have to do some steps to put the building into operation.

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.

The transfer of land category itself is free, but will require a lot of time. The popularity of the procedure for transferring land into the individual housing construction category is also due to the fact that land in this category has a great advantage when selling - the tax code allows you to make a tax deduction when selling it.

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Why you may need to transfer the status of land

How can, if necessary, convert agricultural land into land in populated areas? A written request must be submitted to the appropriate state authority or local government authority. In the first case, this body is the Government itself. Be sure to include in the petition the cadastral number assigned to the plot, what are the rights to it, and also specify the category of land to which the plot belongs, and to which category you want to transfer it, and lastly, the reason for changing the category of land allotment. The following documents are submitted along with the application:

The procedure for transferring land for agricultural needs into individual housing construction is possible, and it is regulated by the Land Code of the Russian Federation and Law No. 172-FZ. In accordance with these documents, plots with individual housing construction objects must be classified as land in settlements. The transfer of agricultural plots to this category must be justified in each individual case.

One plot can combine several permits: individual housing construction, private farming, gardening and horticulture.
For private construction, the plot must belong to the category of land in settlements (Article 8 of the Land Code of the Russian Federation).
When the owner of an agricultural category plot plans to build a full-fledged residential building, he needs to transfer his plot to the category of residential land.

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

hectares, and their area in Russia is only 195 million hectares. And the main reason for its reduction is precisely the transfer of agricultural land to another category. 2014 could have put an end to this practice, when State Duma deputies from A Just Russia submitted a corresponding bill for consideration.

Within ten days, a copy of the act is sent to the body responsible for maintaining the state land cadastre to make changes to the documents of the state land cadastre. In the first case, it is primarily intended to use the site for housing, in the second - exclusively for agricultural activities. All characteristics of the land plot are indicated in it. Also, this information can be obtained by using the Public Cadastral Map.

All lands must be used in accordance with their intended purpose, the state controls the process of proper use of lands. For this reason, the basis for the transfer must be justified and compelling.

LPH and private housing plots - what is the difference and which is better

We submit an application to the municipality with an extract from the Cadastral Service and a document confirming your ownership of the plot. Loans. Mortgage. Micro loans. Migration, registration, residence permit, migrants, refugees, laws of the Russian Federation, immigration, etc.

If the cadastral value is 50% higher than the usual value level for the municipal area, transferring the territory to individual housing construction is impossible. The ban also applies to land plots related to particularly valuable land: gardens with perennial plants, meadows, pastures, arable lands.

According to Federal Law No. 172 “On the transfer of lands or land plots from one category to another,” lands intended for individual housing construction must be located within a city or town.

The principle of re-registration of a site for housing construction

The transition of the plot is regulated by Federal Law-172. This document provides 7 reasons for changing the category .

Conservation of plots, i.e. removal from circulation for some time. This is done to eliminate the growth of land deterioration and for rehabilitation.
Formation of specially protected natural areas.
Editing settlement boundaries. Example, increase in municipality.
Installation of industrial plants. Permitted only if the land is unsuitable for agricultural production.
Entry into the structure of forest, water funds or reserves.
Construction of roads, gas pipelines, railway lines, etc.
Fulfillment of the Russian Federation's obligations to the people. The peculiarity is that the value of the land is higher than the market average for the region by more than 30%.

The entire procedure takes from 0.7 to 1 year. At each level, you can find a negative answer, competently and reasonably formulated. If a positive response is received at the district level, business papers will be sent for approval. If the resolution is positive, the local administration receives a letter signed by the chief about enrollment in the state unit. land register on the desired type of use of the plot.

The cadastral value and the price of the allotment with the updated type of use are recalculated. Based on an extract from the state land cadastre, a unified state register is drawn up. The registration certificate is issued at the request of the owner.

Builders of cottage villages use the reason for changing the category, about changing the boundaries of the settlement.

Timing and cost

The period for consideration of an application for transfer to individual housing construction may have different time intervals. When applying to the local executive body, the processing time for the application will be 2 months. If you contact the Russian government, the period will last as long as 3 months.

Based on the results of consideration of the application, a transfer certificate must be issued or the transfer must be refused with reason. Once the government agency makes its decision, it must respond within 14 days. And if the applicant considers the refusal act illegal or unfounded, then he is given the right to appeal.

At the same time, if you are lucky enough to receive a positive decision the first time, then the authorized body is obliged to send an act to the registrar within 5 days to record new information in the state register. The registrar is obliged to register the act and notify the applicant within 7 days. Only from the moment the data is entered into the register is the document considered completely legal and the entrepreneur can use the site to build a house.

The final version of the transfer amount for individual housing construction depends on several conditions:

compensation up to 30% of the cadastral value of the site;
the cost of obtaining an environmental report;
price for preparing project papers;
price for performing registration actions;
the cost of issuing certificates and extracts from documents.

In addition, costs are affected by the area of the site and the measures taken to prepare the application and prove the need for transfer to individual housing construction.

Thus, the cost of transferring land for individual housing construction is calculated separately in each specific case.

What documents will be needed for this?

When changing plots, it is necessary to submit a petition for the transfer of plots to the executive body of state power or the district government body.

The request must indicate:

cadastral number;
land category group at the moment and whichever one you want;
the translation must be justified;
land ownership rights.

Should be attached:

an extract from the cadastre about land data;
copy of passport;
an extract from the state register on the right to own real estate;
conclusion of an environmental impact assessment when required by law;
agreement of the owner of the allotment for changes.

Refusal may occur when the person sent is not the one who follows, the documents are not all or are drawn up incorrectly. Then the documents are returned after 30 days, where the reasons will be indicated.

How to transfer land to individual housing construction

If you are the owner of a plot in a gardening partnership and you have a question about how to transfer land from gardening to individual housing construction, you need to know that in addition to the general package of documents specified in the previous paragraphs, along with the application to change the category of land, you must submit 2 more documents:

The answer to the question of how to transfer land from private plots to individual housing construction is quite simple. The transfer procedure in this case does not have any special features and is carried out on a general basis. That is, you need to collect all the necessary documents mentioned above and submit them to the appropriate authority.

Use of agricultural land for individual housing construction

Land groups come to amendments quite rarely. The way to legally secure the use of an agricultural plot for individual housing construction remains more in demand. This is easy to do when:

there is a gardening lot that involves construction;
availability of dacha area.

On this plot, the construction of a country house, cottage, or residential premises is permitted.

It will be cheaper to build on permitted land. An individual house is allowed to be built only in gardening or dacha associations. Permission must be obtained before construction begins. This document gives the right to build an individual house or cottage.

How to transfer a land plot from the SNT category to individual housing construction

On your site you can erect buildings for household needs, a garage, but to build a house you need to obtain permission. To do this, you need to complete the project according to all the rules. After completion of construction, the house is inspected by a commission, and if all standards are met, permission to put it into operation is issued. Registration in a cottage on an individual housing construction plot is not a problem; there you can get an address with a zip code, and then easily register at your place of residence.

Land plots for individual housing construction give the owner the opportunity to build a permanent house for year-round use. Such a house must meet the established requirements for residential premises and be no more than 3 floors high. Such plots are not intended for the construction of multi-family houses. Individual means for one family.

Tax on agricultural land

A reduced rate can only be provided if all the conditions presented above are taken into account. But remember that if you bought the property in order to sell it later, the rate will not be applied. In this case, the rate is 1.5 percent. This rate will also be used if the object is not used for its intended purpose. If the violation is corrected, then a review of the case is possible.

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Also, it is worth noting the land plots that are allowed to be used for individual farming. In this case, a rate of no more than 0.3% of the total cost of the site can also be used. All other objects are subject to a direct rate of 1.5%.

Transfer from dacha, garden or agricultural lands of SNT to a plot for private housing construction land

In this case, you will pay for everything yourself, since agricultural land is actually intended for the production of agricultural products - grain, milk, meat, etc., and not for the construction of houses and permanent residence.

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

On DNP lands there is no provision for connecting roads, gas, and often electricity and water supply to the sites. If the owner of the plot needs, for example, a road to his house, he will have to pay for its construction himself.

“Construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction” (Article 23N 217-FZot 07.29.2020) .

Starting from January 1, 2020, all of the above organizations must change their name and register as horticultural non-profit partnerships (SNT) and gardening non-profit partnerships (ONT).

Who owns real estate without registration in the Unified State Register of Real Estate

In conclusion, I would like to say: owners of non-legalized (that is, not registered in the Unified State Register of Real Estate) houses and other buildings on the lands of dacha, garden and vegetable garden partnerships need to hurry up and bring the documents into compliance with the law.

For people of retirement age, the fact of being able to register in an individual housing construction is especially relevant, as this opens up the opportunity to transfer receiving a pension to another address. The issue of registration is also relevant for families with children who need to send their children to kindergartens and schools at their place of residence.

Purpose. When building a house, a plot of individual housing construction is required, and SNT is allocated exclusively for vegetable gardening and horticulture.
Category. It seems possible to build individual housing construction within populated areas, and SNT and on agricultural land.
Registration. Individual housing construction plots represent land on which it is possible to register, while SNT plots do not allow registration.
Development.

The difference between individual housing construction and SNT

Individual housing construction means land that is intended for individual housing construction. Such plots are located on lands for settlements. Such plots have their advantages, for example, they have a “police” address, that is, a house on a plot with individual housing construction has a specific address with a street and house number.

the category of land can be transferred to the category of land intended for individual housing construction in accordance with the approved documents of territorial planning and land management.
there is no restriction on the transfer of land from one category to another at the level of federal legislation;
there is a positive environmental conclusion;

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Tax on the sale of land

Today we will be interested in the tax on the sale of land. For many, this topic is becoming really important. After all, when receiving this or that income, citizens must always make certain payments (interest) to the state treasury. With only rare exceptions. If you don't do this, you can run into a lot of problems. Real estate transactions are a process that, in principle, are subject to fees. For example, the purchase and sale of land. In this case, taxes may or may not be paid. So what cases are possible?

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As we have already noted, tax on the sale of land does need to be paid. Moreover, all citizens of the Russian Federation do this. The tax that is levied is called income tax. It also applies to non-resident foreign citizens. It turns out that even a guest of our country cannot evade paying contributions to the Russian treasury.