How to transfer land from private plots to individual housing construction: in 2020, plot, is it possible to change the category

Transfer of agricultural land to SNT

Before starting the procedure for transferring land between categories, establish for what purpose it will be carried out.
The choice of the most suitable category depends on this. Also take care of the financial side of this issue. The application, according to the law, is considered within 2 months. After this time (and in some cases earlier), the applicant is given permission to transfer or refuse to re-register the plot, which was received under a lease agreement or purchased, from agricultural land to individual housing construction. But if any problems arise, the decision-making period can be extended to six months.

How to transfer agricultural land to individual housing construction in the Russian Federation in 2020

petition;
extract from the Cadastre;
copy of passport;
copies of constituent documents - for legal entities;
a copy of the passport and a power of attorney - if the translation is carried out by the applicant’s authorized representative;
an extract from the register of rights to real estate;
owner's consent;
examination results – if necessary.

Preparation of required documents.
Filling out an application with a request to change the purpose of the site.
Submitting papers to the local administration.
Waiting for conclusion.
Obtaining a decision from the head on the possibility of changing the category of land.
Contact Rosreestr to make changes.
Receive an extract with basic information about the site.

The procedure for transferring a plot of individual housing construction to private household plots, private household plots to individual housing construction: rules for changing the purpose

applicant's passport;
confirmation of his right to the allotment (certificate of ownership, extract from the Unified State Register, lease agreement, etc.);
consent of the owner of the land if it is transferred under another right (for example, for rent or for use);
cadastral passport;
coordinates (can be ordered from any land management company);
certificate of location (or non-location) of land within the city limits.

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Failure to use agricultural land for its intended purpose, for example, the construction of a residential building on the site, or the absence of at least the foundation of the building three years after the acquisition of individual housing construction on the site, is fraught with a fine for the owner. An unauthorized construction on a site not designated for this purpose cannot be registered, and most likely will have to be demolished. But even if the house is preserved, it will not be possible to register in it and provide the necessary communications to it.

How to transfer agricultural land to individual housing construction in 2020

The main thing to remember: individual housing construction is not a category of land, but the type of its permitted use. Before transferring a dacha/gardening plot to the individual housing construction class, you should first change the category of land from agricultural use to us land. points. And here a complexity arises, sometimes insurmountable - the land of us. points exist only within our borders. items and transfer to this category is carried out by expanding us. point. So, if such a plot is not adjacent to a settlement, transferring the land from gardening to individual housing construction is impossible. In this case, you can only register the house as an individual housing construction project - this can be done if the VRI of a plot of land is for summer cottage construction. It is important to understand that the house must fully comply with the requirements, otherwise the commission will not recognize it as suitable for living.

The abbreviation individual housing construction is a good advantage among land buyers. And this is quite understandable: this type of permitted use allows for permanent registration in the house. Communications usually reach such lands faster.

How to convert land from gardening to horticulture

owner's passport;
a power of attorney for the owner’s representative, certified by a notary (in case the application will be submitted not by the owner himself, but by a third party);
documents that serve as confirmation of the legality of the applicant’s rights to dispose of the site: for example, when purchasing a site, this is a purchase/sale agreement, receiving it as a gift - a deed of gift, etc.);
certificate of ownership of the land plot/cadastral passport or an extract from the Unified State Register combining these two documents with a statute of limitations of at least a month;
If there are buildings on the site, then a technical plan for them is required.

Transfer procedure

It is worth noting that not all owners decide on the long-term procedure of transferring land from gardening to individual housing construction. According to established judicial practice, municipal authorities are obliged to assign an address for a house on a garden plot and register the owners there.

39 previously adopted legislative acts were subject to changes and additions at once. Apparently, for this reason, the date for the entry into force of the new law was postponed until January 1, 2020, with the establishment of a transition period of 5 years from the date of entry into force for the completion of certain reorganization procedures. The main goal of the new law, which replaced the Federal Law

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Transfer of agricultural land to SNT

In addition to changing the type of permitted use of a land plot to create a SNT, our company’s specialists will help you:

Register a legal entity (SNT/DNP);
Prepare and approve the PPT;
Allocate and register public lands;
Obtain permission to build a road;
Agree on the allocation of electrical power;
Conduct initial meetings of SNT members;

Considering the state of the economy and the pricing policy of the state, the popularity of such partnerships is quite high, and more and more land is being transferred to them. When reselling large plots (from several tens of hectares) of agricultural land transferred to SNT, entrepreneurs receive significant profits. However, it is important to know exactly the transfer procedure and the procedure for choosing the territory in which you can make money.

Free legal assistance

Remember, without the approval of this committee, your chances are very vague. After the response from the Agriculture Committee, the Administration schedules public hearings; the period from submitting an application to announcing public hearings can take from 2 weeks to 2 months. The date for public hearings is usually set a month after the decision to hold them is made. Now about the hearings themselves. Around 10-11 in the morning you will be invited to some rural cultural center, all the village and some district officials, the chief architect, the chief sanitary doctor, the deputy will come. heads of the district, head of the rural settlement, etc. Plots for personal subsidiary plots (PHS) are intended for growing crops, vegetable gardening, and horticulture. Objects with this type of permitted use can be located both on lands classified as agricultural (code according to the VRI classifier - 1.16) and in urban areas (code - 2.2). Many land owners are interested in transferring to private household plots, since this type of permitted use opens up wide opportunities.

The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the association and its members independently in accordance with the development project. The type of use “personal farming” is identical to gardening, but not all areas allow construction on such sites (information this can be obtained from your local authorities).

02 Jan 2020 uristland 270

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Is it possible to convert a dacha, garden plot or agricultural plot into land for individual housing construction?

cadastral passport of the plot or an official extract of information about the land plot from the state real estate cadastre;
a copy of a passport for an individual or an extract from the Unified State Legal Entity or Unified State Register of Individual Entrepreneurs - for a legal entity;
an extract from the Unified State Register confirming the rights to this plot of land;
consent of the land owner to change the current category of the land plot.

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Submitting a petition. It is submitted to local government bodies or executive state bodies, and the petition must indicate:

Vegetable gardening can be converted into horticulture

The advantage is that the applicant himself will not waste a minute of his time standing in lines and waiting for officials to respond. Questions that arise The main question is how long you can wait for a response from the administration.

How to convert land from gardening to horticulture

First at the level of local government bodies (it is described above), then at the level of a subject of the Russian Federation. Land can be transferred from one category to another or a change in the permitted type of use of a land plot within the existing category can be achieved. In the first case, the procedure is more complex. The land transfer act contains the following information: grounds for changing the category; description of the location of the land, indicating the boundaries, as well as for plots - their area and cadastral number; the name of the category from which the transfer is made, and the category into which the transfer is made. The act is sent to the interested person within 14 days from the date of adoption. How to transfer a plot from private limited plots to individual housing construction? The last reason is related to the Russian Federation’s fulfillment of international obligations. For example, farmland can change category if it is necessary for the security of the state.

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.

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We are transferring agricultural land to individual housing construction in 2020-2020

Possibility to register in a residential complex.
Get an address, which has various advantages.
Organization of gas, water and electricity supply.
In addition, the municipality will have to monitor the condition of the entrances and roads to such areas.

So, on the category of agricultural land, it is allowed to build houses for the purpose of further residence in them. But there are some nuances. If you build a house on plots for gardening or gardening, you cannot register in it. However, when building a house on a land plot for dacha construction, registration is possible.

Transfer from agricultural land to private construction 2020

Since 2008, the process of changing the category of land is free, although it requires a significant amount of time. However, current tacit practice suggests that in some cases a transfer fee may be required. The requirement for payments is justified by the increase in the value of land when its category changes from agricultural to individual housing construction. However, the law does not provide for any payment or reimbursement of the difference. Where to go? According to Federal Law No. 172, the decision to change the category of land and permitted use is made by the Administration of the subject of the Russian Federation.

Reasons for refusal of transfer

If you submit a request to transfer land from private household plots to individual housing construction to the local administration and receive a refusal in writing, a number of reasons are possible.

The main reasons are:

Not located in a populated area	As a rule, to convert an agricultural plot into individual housing construction land, it must be located within the city limits. If such an extension does not comply with the urban development plan, the applicant will receive a negative decision on the application
Negative conclusion of environmental assessment	if a future residential building at the construction stage or during further operation can lead to significant harm to nature, the category cannot be changed
Location of the site in areas with special purposes	agricultural plots may be just wasteland, but in some cases the land may be on water meadows or pastures. In this case, the applicant will certainly receive a refusal
Documents do not comply with current laws	if the documents are incorrectly executed or do not correspond to reality, obtaining an act on the change of agricultural land. appointment to the housing construction category is unacceptable.
Submitting an application for transfer	a person who does not have the necessary authority to do so

Regardless of the reasons for refusal, the landowner can always try to achieve his goal. After eliminating the reasons for the refusal, a repeated request may be granted. In addition, it is possible to challenge the refusal in the local administration in court.

What is the difference between individual housing construction and private subsidiary plots in 2020, see the article: what is the difference between individual housing construction and private subsidiary plots.

Video: How to change the purpose of land?

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Transfer of agricultural land to individual housing construction

Only on land plots belonging to the first two categories is the construction of housing permitted by law. It is necessary to understand what is meant by individual housing construction. This is not a separate category, but one of the possible permitted types of land use (URI). Individual housing construction is housing construction in which residence and registration are permitted.

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.

How to transfer agricultural land to SNT

Dacha and garden plots are intended for farming. There are practically no differences between these categories. On the territory of the acquired land, you can build various types of structures, including auxiliary ones.

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By law, SNT must be located on land plots with agricultural purposes. The purpose of this land is to grow vegetables, fruits and other plants, and only small dacha-type houses are allowed to be built on the plot.

The procedure for transferring agricultural land to individual housing construction

The transfer of land from agricultural use to individual housing construction is possible, but for this it is necessary to have sufficient grounds. But the authorities do not always want to transfer land to the type for individual housing construction, since such a procedure will reduce the cost of the site. Therefore, there is a possibility that the state will ask to compensate for the difference in the cadastral value of the plot for different types. But it is possible to avoid additional costs if you use an alternative method of obtaining individual housing construction status for a plot.

Many people want to acquire their own house on the site, but for this the land must be suitable for the category. All plots are divided into several categories, each of which determines the type of activity that can be carried out on the land.

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Re-registration procedure

Having clear reasons for changing agricultural land to an individual housing construction plot, it is possible to complete such a transfer in 2-3 months.

The success of this issue depends on many factors, including the distance of the land plot from the city, as well as on what is located on it (not subject to transfer to the category for the construction of meadows, pastures and similar areas).

However, be that as it may, it is worth trying to increase the profitability of your land plot and make it more economically profitable.

Algorithm of actions

To transfer a piece of land from one category to another, in particular, from agricultural land to land on which construction is allowed, a certain sequence of stages applies.

The implementation of all stages ultimately leads to either a positive result or a refusal to transfer.

Price

Transferring a site to another category is an expensive procedure. The high cost of this change in purpose is used to pay the arrears in favor of the state. What does it consist of?

A set fee for compensation to state or municipal authorities for the loss of an agricultural plot of land.

The cost for the possibility of transferring land from private plots to individual housing construction is formed as the sum of the following components:

state duty for the seizure of agricultural products. land from circulation - equal to 30% of the cadastral value of a certain plot;
obtaining an extract from the Unified State Register from Rosreestr;
preparation of design documentation for the construction of an individual house;
carrying out environmental assessments.

In a specific case, you need to think about all the pros and cons of all options for transferring agricultural land to individual housing construction, and select the most profitable one.

Agricultural lands SNT and DNP: what is it in 2020

According to the norms of land law, part of the country's land belongs to the category of agricultural land. Dividing the country's territory into lands of various categories and purposes allows for more competent and rational use of land resources. And for this it is necessary to exploit the land in strict accordance with the stated goals.

The purpose of the application is to obtain permission to annex the territory of the owner’s plot to the lands of the settlement. Before sending an application to the administration, make sure that the plot of land is located in close proximity to municipal lands.

How to convert a non-residential house in SNT into a residential one on agricultural land in 2020

land documents confirming ownership;
boundary plan, if land surveying was previously carried out. It is possible not to carry out land surveying, but then there will be a mark that the site requires defining or clarifying the boundaries;
cadastral plan;
document confirming the identity of the applicant.

Important to remember. If the site is located more than thirty kilometers from the borders of a populated area, then its use other than farming on it is not allowed at all, even if the purpose is indirectly related to this direction.

Transfer of land from agricultural use to private construction 2020

In case of a positive resolution, the act is sent to the state registrar to enter the data into the register. The period for this is 5 days. The registrar has seven days to complete the registration and notify the owner. The procedure for transferring agricultural land to individual housing construction determines that the change in intended use is officially approved from the date the data is entered into the register. Additionally, the owner does not need to change any title documents.

Firstly, agricultural land, from the point of view of the state, has the highest value. Thus, when transferring them to another category, the state loses the area of agricultural land and potential taxes from production activities on these lands. Therefore, when contacting the authorized body, you will need to explain in detail the reason for the change in category and pay the state a fee for withdrawing land from agricultural use.

Transfer of land from SNT to individual housing construction

The big difficulty is the discrepancy between the plans and the development of the territory. That is, if the administration has its own ideas about the use of these plots, then it is impossible to obtain permission for the transfer.

all areas of SNT are agricultural lands;
the lands of the partnerships are allowed to be used for the purposes of gardening and vegetable gardening; subsequently, such lands can be transferred into the ownership of the members of the partnership;
It is allowed to erect buildings and structures on SNT lands.

What is needed to convert a non-residential building in SNT into a residential building on agricultural land in 2020 S#M

The dacha is a favorite vacation spot for many Russian families. After all, this is a great opportunity for a weekend or vacation to travel outside the noisy metropolis and live in silence, surrounded by beautiful nature. In addition, Russian summer residents also very often grow vegetable and horticultural crops on their lands. So, at first glance it may seem that it is impossible to build a house on agricultural lands, since they can only be used for growing crops. Each site has its own purpose and permitted use.

Attention! If the site is located more than thirty kilometers from the borders of a populated area, then its use other than farming on it is not allowed at all, even if the purpose is indirectly related to this direction.

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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Concept and purpose of SNT and DNP sections

There is another important point that affects the comfort of living of owners of dachas and private houses. Registration of public lands as the property of SNT or dacha partnership. What applies to such lands? Roads, driveways, turning areas, passages and other areas that are located on the territory of a garden or village and do not belong to the owners of the plots.

If we talk about the disadvantages of an individual housing construction site, we will have in mind both the need to obtain a development permit, and the mandatory approval of the project, and certain restrictions on its area (size). The development is carried out in compliance with GOSTs and SNiPs. Permission is required to put the house into operation. Everything is according to the law. In different villages, the situation with communications is different. In some places there are only gravel roads, and in others there are interruptions in electricity and water.