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Published: 02/24/2018

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It is permitted to convert a plot of land for individual housing construction into commercial use. It is necessary to fill out a corresponding application justifying the circumstances of this transfer with the local administration.

• Why is translation necessary?
• Instructions
• Timing and cost

If we are talking about large territories, then such issues are resolved only at the federal level. Detailed explanations on these issues are contained in Federal Law No. 172.

Category of sites

According to Russian legislation, the entire vast territory of our country is divided into separate areas - target categories.

This was done in order to legitimize the legal relationship with the land, as well as to avoid illegal and misuse of individual plots of land.

For example, if forests and rivers in our country were classified as agricultural land, they would be bought or rented, then uprooted, drained and wheat, oats, etc. planted on them.

Such actions could significantly disrupt the biological balance and harm the flora and fauna of these places.

Thus, in Russia there is the following classification of land:

Among the diversity of Russian lands, ordinary citizens are usually interested in agricultural land and settlement plots.

Because in the first place you can plant gardens or vegetable gardens, keep livestock or poultry, which is very important during the global financial crisis.

Settlement lands are the only category of land on which the construction of residential buildings is permitted.

Change of status

Land belonging to any category also has a type of permitted use.

Video: you can open a store, cafe, tire service in an apartment or private house without transferring it to a non-residential property

Since the average Russian is only interested in two categories of land, agricultural and settlement, let’s talk about them.

Lands located inside and near populated areas may have the following purposes:

Agricultural land, of which our country is so rich, is also divided into several groups depending on the permitted purpose:

• implementation of peasant farming activities (peasant farm lands);
• for personal farming (plots of private household plots);
• intended for summer cottage construction (it is allowed to erect a residential building, but it is prohibited to register in it);
• for gardening.

Due to the fact that the number of people wishing to build their house or open a business on a plot of land is increasing every year, the number of applications for transferring land from one category to another, changing status, etc. is growing.

Legal acts

The transfer of land from one category to another is not simply transferred because someone wanted something, but on the basis of a specially created Federal Law “On the transfer of lands or land plots from one category to another.”

This document contains a complete list of necessary actions that must be performed by the owner or tenant of the land plot to carry out the transfer.

It is important to remember that the decision is made by the government authorities to which the land plots in question belong.

If the area you are interested in is located:

Transfer of land from SNT to individual housing construction

In other words – summer cottages.
Individual housing construction land is for individual housing construction. Their purpose is to expand cities and villages through the construction of private houses and other structures. You can build at your own discretion - a house, a garage, a bathhouse.

SNT only at first glance is not much different from individual housing construction. However, when building a house, you may encounter a number of problems, since SNT is, first of all, a partnership. This means that it has its own charter and chairman.

We recommend reading: Claim for poor quality legal services

How to transfer the purpose of land from individual housing construction to commercial

Many Russian citizens, especially those who live in small towns, would like to engage in commercial activities “without leaving home.”

For example, if you own a house and a garage on a private housing plot, why not use the outbuilding (garage) as a car service station?

Or build a small permanent building next to the house and use it as a store, salon, hairdresser, etc.?

An ideal option for many, but not legal if you engage in commercial activity on a site intended only for the construction of a single-family residential building.

But you can convert part of the plot or all of it into commercial real estate.

For a retail outlet

If you have dreamed all your life about your own small flower or accessories store and you own a suitable plot of individual housing construction, you can safely begin to bring your wildest fantasies to life.

Remember that changing the purpose of a land plot is much easier than changing the category of the territory that belongs to you.

In order for you to build a commercial building on your land, you will have to write a petition to the local government.

It is necessary to indicate what exactly you want:

The local authorities will consider your application and make a decision at a formal hearing.

A positive verdict from the administration will bring you an act of change or addition to the permitted use of the land.

Advice! Before contacting local authorities, collect signatures from neighbors who are not against the appearance of a retail outlet next to them.

If the majority of residents are in favor of building a store, this will play a role in the administrative staff's decision making.

For car service

Many “handy” citizens prefer to receive banknotes for their skills without leaving home.

Indeed, few would be able to refuse this. You love and know how to fix cars, but you don’t need to go somewhere and get a job “for your uncle.”

You can wake up in the morning, leave the house and go to your “office” - a garage-car service. A wonderful prospect.

But in order to avoid problems with the local administration and tax inspectorate, it is necessary to legalize all commercial buildings either at the construction stage or upon completion of work.

To do this, you need to go to the local government and write a petition to transfer the plot of individual housing construction that you own into commercial real estate.

When making a decision, the administration of your locality will consider the location of your site.

The zone in which it is located will determine whether another use case can be added to it.

Equally important when changing the status of a land plot is the opinion of neighbors.

If most of them are against living next to a car repair shop, there is nothing you can do.

When converting land into commercial real estate, the opinions of citizens living next to such a site are first taken into account.

For development

If your land has the status of individual housing construction, and your plans are not to build a private house, but something else, you can try to change the type of intended use of your site.

Remember that every day local governments receive dozens of applications from citizens regarding their land plots.

Each case is unique and in seemingly identical situations, the authorities can make completely opposite decisions.

Some are allowed to convert an individual housing construction site into commercial real estate, but others are not.

The opinion of administrative employees is influenced by:

How to transfer industrial land to private construction

Each case is unique and in seemingly identical situations, the authorities can make completely opposite decisions. Some are allowed to convert an individual housing construction site into commercial real estate, but others are not. The opinion of administrative employees is influenced by: List of title documents provided by the applicant; elective acts of participants; Existing restrictions or encumbrances on the land plot in question; Consent or protest of neighbors regarding the appearance of a building near their private houses in which commercial activities will be carried out; Algorithm of actions If you have clearly decided that it is vital for you If you need to start your own business on an individual plot of individual housing construction, you will have to go through several simple steps: Collecting the necessary documents, submitting an application to the local commission for land use and development.

Algorithm of actions

If you have clearly decided that it is vital for you to start your own business on an individual plot of individual housing construction, you will have to go through several simple steps:

If you are allowed to use the individual housing construction site in some other way, these changes must be officially registered in the Unified State Register database.

Where to contact?

Each section of individual housing construction is unique in its own way and belongs to different territorial zones.

Sometimes, if there is a need to build a commercial property on a land plot, it makes sense to contact the Cadastral Chamber.

You can apply there to carry out land surveying and divide your single plot of land into two separate ones.

On one, you will have the opportunity to build, without violating the law, a residential building for one family with a height of no more than 3 floors.

And regarding the second site, you will have to contact the local government.

It is important to remember that the decision is made by the government authorities to which the land plots in question belong.

If the area you are interested in is located:

Getting permission

Obtaining permission to convert a plot of individual housing construction into commercial real estate means receiving a positive verdict from local authorities to change the current purpose of the land.

The administration of the locality considers received applications for changing the status of lands and considers them in order of priority.

A mandatory condition is preliminary notification of the population about public hearings.

Anyone who considers themselves involved in the topic of the meeting can attend them.

All participants have the right to speak out and discuss the current situation. At the end of the hearing, a decision is made.

It could be:

Package of documents

Before you go to the local administration and defend the future of your store, hotel or car service, take care of obtaining the necessary documents.

You will need:

The main rule of a smart applicant is to take all documents with you. Rules and regulations change frequently, and you never know in advance what other documents may be required.

How to transfer land from private household plots to commercial? — Real estate, work, property

The opinion of administrative employees is influenced by: List of title documents provided by the applicant; elective acts of participants; Existing restrictions or encumbrances on the land plot in question; Consent or protest of neighbors regarding the appearance of a building near their private houses in which commercial activities will be carried out; Algorithm of actions If you have clearly decided that it is vital for you If you need to start your own business on an individual plot of individual housing construction, you will have to go through several simple steps: Collecting the necessary documents, submitting an application to the local commission for land use and development.

Those who own individual housing construction land plots do not always want to build private houses on them. Some people already have their own home and don’t want to start construction work, some don’t have enough money, and some want to open a business on their own land.

How to convert private farm land into commercial land

Non-permanent buildings and structures (change house, shed, shed, etc.), as well as objects that can be classified as buildings for auxiliary use, are erected without obtaining building permits (clause 3 of part 17 of article 51 of the Town Planning Code of the Russian Federation). Registration of such buildings in the Unified State Register is voluntary.

By law, consideration of an application cannot take longer than two months. As a rule, this is the period you should count on. If the issue is resolved positively, the applicant is issued an act of transferring the land to another category. Based on this document, changes are made to Rosreestr, and the applicant is issued a new extract from the Unified State Register of Real Estate.

How to transfer land from private ownership to commercial

Failure to use agricultural land for its intended purpose (for example, the construction of a residential building on it) or failure to at least begin construction work on a site for individual housing construction after three years is punishable by penalties. It will not be possible to register a building erected without authorization; it will not be possible to register in it or provide the necessary communications to it.

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How to transfer land from private plots to commercial Options for transferring land to private plots and their features Almost every owner of a land plot who plans to transfer a land plot from private plots to individual housing construction and vice versa, has difficulties with legal terminology. For example, many people believe that private plots and individual housing construction designate the category of land, although in fact these are one of the types of permitted use of territories.

Is it possible to transfer land into private plots from individual housing construction and other types of plots and is it worth doing?

The most common reason for refusal to transfer land to the category of private household plots is an incorrectly collected or incorrectly executed package of documents.

Of course, this problem can be avoided if you involve a professional lawyer in the translation process. At the same time, the services of a lawyer will cost a pretty penny, since they will cost from 200 thousand rubles .

But a lawyer can carry out the translation without time delays and unnecessary costs, which is a significant plus.

The time frame for this procedure is very vague.

The most precise thing that can be said regarding time is that the consideration of the application and the decision of the authorized body should not take longer than two months - such a period is regulated by law.

But at the same time, collecting the necessary package of documents, conducting all the necessary examinations, filling out an application, a petition may take an indefinite amount of time.

How to transfer private household plots to individual housing construction

In accordance with the law, the review period should not exceed 2 months. Usually this is the time you need to wait. If the decision is positive, you will receive an act in accordance with which the lands will be transferred. Subsequently, the changes will be made to Rosreestr, and you will receive a new extract from the Unified State Register of Real Estate.

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This process will take a sufficient amount of time, and the responsibility for reimbursement of all expenses will lie with the applicant. To carry out land surveying, contact a company specializing in geodesy, Rosreestr or the Multifunctional Center for the Provision of State and Municipal Services.

Is it possible to transfer land for gardening to private plots?

The desire to have their own country house encourages citizens to purchase land plots for the construction of one. In this case, priority is often given to cheaper options. Unfortunately, not all buyers know that it is not possible to build a permanent structure on any land.

• 1 Types of land plots - advantages and disadvantages of individual housing construction and private plots
• 2 How to transfer agricultural land to individual housing construction and for dacha construction 2.1 Procedure for transferring to individual housing construction
• 2.2 Required documents
• 2.3 Deadlines
• 2.4 How much does it cost to transfer agricultural land to individual housing construction?
• 2.5 Taxes
• 2.6 Why they may refuse

How to convert from private farm to commercial

If the scale of the areas and future facilities is impressive, then the appeal should be to the state authorities.

The transfer of land from individual housing construction to commercial will be required for the construction of a building on this territory, with the help of which it is planned to make a profit - this could be a store, a beauty salon, a service center, a warehouse, etc.

If the intended purpose of the land is individual housing construction, then by default it can be used for the purpose of constructing a dwelling. But in some situations this fact can be changed.

It will be very difficult to prove to the controlling structures that the use of the constructed facility is intended exclusively for one’s own needs. Assignment of permitted use 4.9 “Vehicle Maintenance” will allow placing on the ground not only car washes, but also other related facilities:

How to transfer agricultural land to individual housing construction or private household plots: procedure and documents, laws

• duties - 30% of the cost of the plot determined in the cadastral documents;
• if the assessment was not carried out in the cadastre, then it is ordered from a private specialist, whose services cost about 3-5 thousand rubles;
• an extract from the register and the State Tax Committee cost 200 rubles each;
• if there are buildings on the site, then it is necessary to register them, which will cost approximately 15-20 thousand rubles;
• it is necessary to conduct an environmental assessment to determine the impact of residential properties on the environment in the relevant area, the cost of which depends on the area itself;
• Notarization of the owner's consent will cost 500-1000 rubles, depending on the region.

All land in Russia is divided into certain categories in accordance with their purpose and ability to exploit in one way or another. Most of the land has a special status and cannot be owned by ordinary citizens. Citizens can only exploit lands allocated for the construction of private homes and agriculture.

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Cost of the operation

Naturally, transferring a land plot from one type of permitted use to another is not cheap.

The total cost of costs is influenced by factors such as:

Therefore, when deciding to convert an individual housing construction site into commercial real estate, first weigh the pros and cons.

You can first draw up a business plan for a future commercial enterprise in order to understand how quickly your costs for transferring land and constructing the building itself will pay off.

If you have a plot of land, the inclination to conduct commercial activities, as well as money and time, you can safely begin the procedure for changing the permitted use of your land.

The Town Planning Code of the Russian Federation and a number of Federal laws regulate that land plots on the territory of our country must be used exclusively for their intended purpose. The latter is determined during the registration of land in the relevant government agencies and represents the category assigned to the site. Some of them are intended for private construction, while others are for commercial activities.

But what to do if you need to change the official purpose of the land, for example, from private residential to direct commercial? Fortunately, the legislation of the Russian Federation does not prohibit such a procedure, and to carry it out it is enough to resort to the procedure established by law.

We will talk in more detail about the process of transferring land from one category to another in the material presented below.

Transfer of land from individual housing construction to low-rise construction

Lawyer: Marina Boltunova

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Hello Alena. And you need to find out this from the administration, because... something has changed at the local level.

From the point of view of the law, you need to change not the category, but the type of permitted use or territorial zone, because if the site is an individual housing construction, then the category of land is settlement land, and it does not need to be changed.

The procedure for changing the VRI or territorial zone is determined in the Land Use and Development Rules, which are adopted by local authorities.

URBAN PLANNING CODE OF THE RUSSIAN FEDERATION Article 1. Basic concepts used in this Code For the purposes of this Code, the following basic concepts are used: rules of land use and development - a document of urban planning zoning, which is approved by regulatory legal acts of local governments, regulatory legal acts of state authorities of the constituent entities of the Russian Federation — federal cities of Moscow and St. Petersburg and in which territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for making changes to it are established; Article 37. Types of permitted use of land plots and capital construction projects 1. Permitted use of land plots and capital construction projects may be of the following types: 1) main types of permitted use; 2) conditionally permitted types of use; 3) auxiliary types of permitted use, permissible only as additional to the main types of permitted use and conditionally permitted types of use and carried out in conjunction with them. 2. In relation to each territorial zone, the types of permitted use of land plots and capital construction projects are established. 2.1. Establishing the main types of permitted use of land plots and capital construction projects is mandatory for each territorial zone in respect of which urban planning regulations are established. (Part 2.1 introduced by Federal Law No. 373-FZ dated July 3, 2018) 3. A change from one type of permitted use of land plots and capital construction projects to another type of such use is carried out in accordance with urban planning regulations, subject to compliance with the requirements of technical regulations. 4. The main and auxiliary types of permitted use of land plots and capital construction projects by the legal holders of land plots and capital construction projects, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and approval .

Ask a Question

Target categories of land plots

What are the target categories of land plots? Photo No. 1

According to the previously mentioned Town Planning Code of the Russian Federation and some Federal Laws, the entire territory of our country is divided into separate parts of land plots, which are divided according to the target category. Such an organization of land registration allows the state to combat the misuse of land and illegal organizations.

Today in Russia there are the following target categories of land plots:

• agricultural lands intended for agricultural activities;
• settlement plots owned and controlled by settlements (have subcategories: individual housing construction - for development of private households, and private household plots - for running personal subsidiary plots, as well as a number of others, less important and significant);
• land of special importance (reserves, natural monuments, resorts, etc.);
• water areas (rivers, lakes, etc.);
• forest areas (forests, groves, etc.);
• reserve lands owned by the state but temporarily unused;
• special purpose areas (television and radio broadcasting facilities, space facilities, etc.).

Commercial land does not belong to the categories noted above, but is a type (subcategory, as well as individual housing construction and private household plots). In fact, it can apply to both settlement and agricultural holdings. In any case, misuse of land is prohibited. Otherwise, monopolists would buy up the rivers and lakes of the Russian Federation, depriving ordinary citizens of water and selling it at exorbitant prices, which is simply unacceptable in relation to the concept of our state.

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

One of the groups is the land of settlements.
In fact, these are the territories in which cities and towns are located. So, one of the subtypes of this group are individual housing construction plots. It turns out that the abbreviation from the description of buildings moved into the description of the purpose of the land plots. Since plots always belong to a populated area, then: Nuances of individual housing construction Someone might think that absolutely any plot in a populated area is an individual housing construction.

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

Each of these categories has its own subtleties, disadvantages and advantages.
Gardening plots are quite cheap, but not all of them are equally suitable for living. Therefore, having chosen just such a site, many citizens begin to think about how to transfer such land into individual housing construction.

In reality, such a process turns out to be problematic.

Before considering the prospect of transferring one land to another, it is necessary to distinguish between the concepts of SNT and individual housing construction, as well as their disadvantages and advantages.

Change in land status

Is it possible to change the purpose of a land plot? Photo No. 2

Change of status is a legal procedure during which the intended use of land changes from one to another, which is simultaneously enshrined in the relevant government databases and documents belonging to the owner of the site.

Depending on how much reclassification occurs, it depends on what changes in the status of the land will have to be made. It is worth understanding that changing the category of plots, for example, from settlement to agricultural, will be very difficult and will require the involvement of the highest apparatus of the Russian government. While changing the type of land plot regarding its use will not be so difficult and is quite possible for any citizen of our country.

The procedure for changing the status of land in Russia is determined by Federal Law No. 172 “On the transfer of lands or land plots from one category to another.” According to the provisions of this act, the decision to change the type of land according to its intended purpose is made by the executive authorities whose territory it is under control.

Simply put, if the site whose category needs to be changed belongs to the federal property of the Russian Federation, then you should contact the Government of the Russian Federation, if a subject of the country - to its executive authorities, if to a municipality - to its self-government authorities.

During the verification of the provided documents, authorized government agencies check:

• the possibility of transferring land from one category to another;
• the presence of potential damage that will be caused to anyone as a result of the reclassification of the site;
• other issues that could prevent a change in the status of the land.

Based on the results of all verification activities, the applicant for the transfer of a site from one type to another is notified of the verdict. After which he can either accept the decision or appeal it to the appropriate authorities.

Is it difficult to transfer land from industrial use to private housing construction?

yes, it’s quite difficult, but legally possible.
Federal Law of December 21, 2004 N 172-FZ (as amended on May 1, 2016) “On the transfer of lands or land plots from one category to another”

Article 9. Features of the transfer of lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes or land plots as part of such lands to another category

1. Transfer of lands for industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes (hereinafter referred to as lands for industry and other special purposes) or land plots as part of such lands transfer to another category is carried out without restrictions, except for the cases specified in parts 2 and 3 of this article.

ConsultantPlus: note.

On the issue concerning land reclamation, removal, preservation and rational use of fertile soil layer, see Decree of the Government of the Russian Federation of February 23, 1994 N 140.

2. The transfer of industrial and other special purpose lands or land plots as part of such lands that are disturbed, contaminated or built up with buildings, structures, structures subject to demolition (including underground ones) to another category is allowed if there is an approved land reclamation project.

3. The transfer of industrial and other special purpose lands or land plots as part of such lands on which activities related to the disturbance of the soil layer were carried out to another category is allowed only after restoration of the disturbed lands in accordance with the approved land reclamation project, except in cases where such the transfer is carried out at the request of executive bodies of state power or local government bodies.

The procedure for transferring a plot from individual housing construction to the commercial category

Procedure for transferring individual housing construction to the status of land for commercial use? Photo No. 3

When deciding to transfer a plot of land for individual housing construction (IHC) to the commercial category, citizens are asked a huge number of questions, the answers to which often cannot be found. In order to solve this problem for readers of our resource, let's take a detailed look at the procedure for reclassifying land plots in the Russian Federation.

Features of different cases

Let's start, perhaps, with the features of transferring individual housing construction into the commercial category for various types of activities, since each case has its own characteristics, despite the general form of the reclassification procedure. So, in most cases, land is transferred to “commerce” for the purpose of:

• Creation of a store, office or hotel. This situation is typical among all possible ones and requires an appeal to the local municipality (less often to higher authorities), as well as the approval of the majority of the neighbors of the individual housing construction site to organize a specific commercial entity on its territory. If almost all neighbors are against organizing a store or hotel near them, then the transfer most likely will not take place.
• Commercial property developments. In this case, the general procedure for reclassifying land also applies, however, the specifics for each transfer procedure are individual, so it would be wrong to advise anything regarding its implementation. In such circumstances, the best assistant will be a specialist in real estate transactions or employees of land authorities at the place of residence, who, at a minimum, will advise on the procedure for competently changing the category of land.
• Organizations of car services or local service stations. If this is the reason for the transfer in your case, then consider yourself lucky, because, having received approval from your neighbors, you can reclassify the land in a simplified manner through the Cadastral Chamber. That is, you do not need to contact the municipal authorities.

The procedure for changing the status of a site

We are changing the status of the land plot. Photo No. 4

As for the procedure for transferring an individual housing construction plot to the commercial category, in all the situations presented above it is absolutely the same and consists in implementing the following algorithm:

1. First, you will have to prepare some documentation. Often its list includes:

• a certificate from the land registration cadastre regarding your plot (you can obtain it from Rosreestr);
• a certified copy of the certificate of registration of ownership of land, the category of which will change;
• certified copies of the cadastral passport and plan for the same plot;
• passport of the applicant, that is, the owner of the site, or trust documentation on his behalf for the execution of all re-registration procedures by another person;
• a request for transfer drawn up in the prescribed form;
• if necessary, signatures from neighbors for the construction of a store, hotel, and so on.

1. Having collected the documents, they must be submitted to the relevant government agencies. As noted above, they can be either municipal authorities or the cadastral chamber, or executive authorities of the constituent entities of the Russian Federation and even the Government of our country.
2. After submitting the documentation, all that remains is to wait for it to be reviewed, a hearing to decide on the transfer, and the result to be received. If it is positive for the applicant, then the latter is issued an appropriate permit, using which it is possible to transfer the plot from one category to another in the Cadastral Chamber or Rosreestr. Otherwise, all that remains is to defend your rights in court, which often does not produce results.

As you can see, there are no particular difficulties in transferring individual housing construction land to the commercial category. The main thing in the process of carrying out the procedure is to adhere to the procedure described above and act without violating the legislation of the Russian Federation.

Under the store

In most cases, a transfer from individual housing construction to commercial real estate is carried out precisely to start financial activities through the sale of goods in a store.

Thus, a private house, in which people could previously live, is being restored into a store, organizing the appropriate space, installation of communications, and appropriate repairs.

In this case, the procedure for re-registration of the status of a land plot does not differ from the standard sequence.

As a rule, novice entrepreneurs or already experienced directors of organizations carry out the procedure for changing status from the position of a legal entity. This significantly speeds up the process of registering commercial activities in a given territory.

If the applicant and owner of the land is a legal entity, he may indicate the following points in the application for permission:

• name of the organization – you can specify the name of the chain if another store is opening;
• entrepreneur’s details – last name, first name and other passport data;
• postal address of the company;
• organizational and legal status of the company.

Individuals simply indicate their first and last names, as well as passport details.

Such submission of an application provokes a slightly different course of the procedure - the land with individual housing construction status is automatically re-registered as a store. The course of action, as mentioned above, does not change.

Transferring from individual housing construction to commercial real estate is a long and financially expensive process, so before making a decision you should think through your plans exactly.

Is it worth it? This is especially important if you are encountering commercial activity for the first time - income may not cover expenses.

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You can find the rules for developing a land plot for individual housing construction, the distance between houses: here.

About the allocation of land plots for individual housing construction, please follow the link for free.

Price issue

How much does it cost to transfer individual housing construction to the commercial category of land plots? Photo No. 5

At the end of the article, we will answer a frequently asked question regarding the topic being discussed today. Namely - “How much does it cost to transfer an individual housing construction plot to the commercial category of land?”

First of all, it is important to note that in each specific case the cost of the procedure may vary, as it will be formed differently. For example, when opening a car service center with reclassification of land through the Cadastral Chamber, the costs will be insignificant, since they are often associated with the preparation of documentation, the production of its copies and the payment of state duties.

In other cases, the cost of the procedure is formed by summing up:

• prices for organizing a hearing on land transfer (from 3,000 rubles);
• the cost of processing documentation and producing copies thereof;
• prices for the services of specialists with whom consultations are carried out;
• and paid state fees.

On average, transferring individual housing construction to the commercial category on the territory of the Russian Federation costs citizens 5-20,000 rubles, and much less often – larger sums. That's probably all for today's issue. We hope the material presented above was useful to you. Good luck with the paperwork.

You can learn how to transfer an apartment or residential building to a non-residential property by watching the video:

Noticed a mistake? Select it and press Ctrl+Enter to let us know.

13 Nov 2020 kasjanenko 6

It is permitted to convert a plot of land for individual housing construction into commercial use. It is necessary to fill out a corresponding application justifying the circumstances of this transfer with the local administration.

If we are talking about large territories, then such issues are resolved only at the federal level. Detailed explanations on these issues are contained in Federal Law No. 172.

Why is translation necessary?

The transfer is made in circumstances where the owner of the site intends to convert a residential building into a shopping center, hotel, gym, or lease the site to any organization to generate income. By law, before making a final decision, the administration is obliged to consider the written arguments of the owners of neighboring plots regarding the transfer of a house or plot to commercial use. If the majority of neighbors oppose changing the category of the site, then the likelihood of changing the status of the site is very small. And, conversely, the more neighbors give the go-ahead, the likelihood of a positive outcome will increase.

When the application is approved, the owner of the plot is given documents with the following status: individual housing construction + commercial use.

You need to know that another case is possible: if the change does not apply to the entire site, but only to a separate part. For example, a citizen is the owner of a house and an adjacent garage. He intends to equip a car repair shop on the territory of the garage and generate income. For this activity, it is not necessary to convert the entire plot to commercial status; it is possible to convert only the garage.

Instructions

The initial stage for changing the status of a site is collecting the required documents:

• a copy of the cadastral passport containing the cadastral number of the plot and its plan;
• certificate of ownership of the plot (original and copy certified by a notary);
• a statement describing the circumstances due to which the declared changes are necessary;
• It is advisable to provide a list of residents of the house or owners of neighboring plots with signatures indicating that they do not object to the issue of changing the status.

Documents are submitted to local administration bodies or federal structures. Based on the application, a date for a public hearing is set. This should be announced in the local media or notices sent by mail to interested parties.

Public hearings consist of two parts. All interested parties can participate in the first public part. They express their opinions and ask questions to the owner of the site, who is obliged to give comprehensive answers to them. Based on the results of the first part, a second main hearing is held, after which the commission will issue a decision.

Timing and cost

The procedure for changing status can last from several months (if the verdict is made by local authorities) to several years (if the issue of changing status is decided at the federal level).

The cost of the entire registration process is determined by a number of indicators, but mainly depends on the region and the size of the site. The owner of the land plot pays for the following services:

• cadastral authority;
• regional architect;
• publication in local media about hearings, sending out notices, organizing hearings, including renting premises;
• land service.

The applicant may also incur additional costs if unforeseen controversial issues and situations arise. Usually the translation costs between 5-20 thousand rubles.

It is quite possible to transfer land from one status to another, although sometimes it is very difficult (this is especially true for forests and water areas, areas for specially protected objects, as well as valuable agricultural land).

As for the transfer of residential land to commercial land, this is easier to do - for this you need to submit a corresponding request describing the reasons for such a transition to local authorities (but if the matter concerns very large areas, the decision can only be made by federal level authorities).

The rules and features of this process are explained in more detail in Federal Law No. 172.

When it is necessary?

Such a transfer may be needed if the owner of a plot (or an existing building) does not want to use it as a residential building, but wants to open an institution in its place for the purpose of further generating income - a store, a shopping center, a gym...

However, it is worth immediately taking into account that when making such a decision, the administration will be guided not only by its own opinion, but also by the opinion of the neighbors living next to the building/site that is decided to be converted into commercial use.

If the majority of them are not against opening a store, then the decision to change the status will most likely be positive, otherwise

change land category

it may not work out.

One should immediately note such an option as changing the purpose not of the entire area of ​​the site, but only of its part. For example, a citizen owns a house and an adjacent garage, in which he wants to open a local car service and thus earn money. In order to start such a business, it is absolutely not necessary to convert all the land into commercial land; it is enough just to change the status of the garage.

And if the decision is positive, then the owner of the site will receive documents with the following status: residential construction + commercial use (in most cases, for a small business, this option will probably be the most optimal).

How to transfer MZHS to IZHS

Therefore, the land must be appropriate. By virtue of paragraph 2 of Article 36 of the RF LC, Articles 36, 39, 138 of the RF LC, Article 16 of the Federal Law of December 29, 2004 N 189-FZ

“On the entry into force of the Housing Code of the Russian Federation”

found that the existence of the will of the owners of premises in an apartment building to form a land plot is confirmed by the minutes of the general meeting of owners sent to the administration, but the defendant, when making a decision, did not take into account the fact that the current legislation does not establish minimum standards for the provision of land plots for apartment buildings, and taking into account , that the burden of expenses for the maintenance of common property, including land on which an apartment building is located, is an established responsibility of the owners of premises in an apartment building, the determination of mandatory standards for the provision of land plots necessary for the operation and maintenance of apartment buildings, as an additional burden on the owners of premises in apartment buildings is permissible only in the form of a federal law. We recommend reading: Land privatization in Russia extended

Translation instructions

The first step towards transferring a site from one purpose to another is collecting the required documents.

Their list is quite small, but it may take some time to receive them (if the owner does not have them in his hands yet). So, you will need:

• number (cadastral) of the land plot whose status is expected to be changed;
• copies of the cadastral plan and cadastral passport (all three of these documents can be obtained from the local cadastral service);
• certificate of land rights (in addition to the original, you should also take with you a notarized copy);
• a petition explaining the reasons for possible future changes;
• It will also be a very big plus if, even before the meeting, you collect and provide the commission with a document with the signatures of the residents stating that they are not against the opening of a car service station/shop/pharmacy...

After all these papers have been collected, all that remains is to submit them to the appropriate authority - either to local authorities (if the land is under their jurisdiction) or to federal authorities (if the site belongs to federal land), after which an appointment will be made the time of public hearings (it is worth remembering that the dates of their holding should also be announced in local newspapers).

The hearing itself consists of two stages - in the first (public) everyone can take part (including neighbors), who can express various claims and ask questions, and the owner of the site can answer them.

Based on the decisions of the first hearing, a second (main) hearing is held, at which the authorities will make an appropriate decision.

Algorithm for transferring land for commercial use

Where to contact?

The transfer of land from individual housing construction to commercial begins with an application to local authorities. If large volumes of construction are planned using a large plot of land, it is necessary to obtain approval from the government authorities.

Getting permission

To consider the legality and necessity of transferring land from individual housing construction to commercial construction, officials schedule public hearings. Everyone has the right to participate in the meeting. As a rule, neighbors in the area are invited.

IMPORTANT! The owner of the site should take into account the fact that people living near the construction site of future commercial real estate may be against building and running a business near their homes. Their opinion may become decisive at public hearings.

At the main hearing, government officials decide on the transfer of land behind closed doors. If the decision is positive, the owner of the site receives official permission for the transfer.

Package of documents

At the second stage of land transfer, it is necessary to collect a package of documents required for re-registration.

This is interesting: Redistribution of land plots in SNT

You will need:

• cadastral plan of the site;
• cadastral passport;
• cadastral number;
• certificate of land title;
• a petition drawn up in a special form.

Documents are transferred either to local authorities or to federal authorities.

IMPORTANT! There is no unified package of documents for transferring private housing construction land to commercial use. The Town Planning Code of the Russian Federation does not provide for a specific list, so regional authorities independently compile lists of papers and certificates required for registration.

The next step is to contact the Cadastral Chamber or Rosreestr, where specialists will categorize land from one to another according to all the rules.