Limit sizes of land plots 2020

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Published: 11/16/2017

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General requirements for land plots for individual housing construction are formulated in the Land Code of the Russian Federation. In each region there are regulations that define the minimum and maximum sizes of plots.

Norms and regulations
Minimum territory size for individual housing construction
Maximum size of land plot for construction of a residential building

A land plot for individual housing construction is a land plot on which the construction of a separate residential building, no more than 3 floors high, owned by one family, is legally permitted.

Legislative system

The search for answers to questions begins with the Land Code. In Art. 11.9 it is noted that maximum sizes of land plots are established. They are specified in urban planning regulations or rules of development and land use.

Regardless of which document regulates the minimum sizes of land plots, they are adopted at the municipal level.

In cities of federal significance, both land use rules and urban planning regulations are adopted by city authorities, and not by municipal councils.

If land plots are not subject to regulation by local authorities, issues are resolved by federal authorities. However, these are exceptions that do not affect ordinary citizens interested in the allocation of land for development, personal farming and other needs.

Limit sizes of land plots in zone Zh.1

1. For individual housing construction projects:

— the minimum size of a land plot is 0.04 hectares;

— the maximum size of a land plot is 0.15 hectares.

2. To conduct personal subsidiary farming:

— the minimum size of a land plot is 0.03 hectares;

— maximum size of a land plot (household plot of land) – 0.15 hectares;

— the maximum size of a land plot (field land plot) is 2.00 hectares.

3. The maximum sizes of land plots for low-rise housing construction projects are taken per 1000 people:

— for development without land plots – 10 hectares;

- for development with land plots - 20 hectares.

4. For vegetable gardening, the minimum size of a land plot is 0.01 hectares.

5. For objects of other purposes - in accordance with the territory planning documentation.

Limit parameters of permitted construction,

Reconstruction of capital construction projects

For zone Zh.1

1. The development coefficient (the ratio of the sum of the building areas of all buildings and structures to the area of the land plot) of the land plot is:

— the maximum percentage of development of a land plot with housing construction projects and outbuildings is 40%,

— the maximum percentage of land plot development by educational institutions is 25%,

— the maximum percentage of land plot development with garages is 60%;

— the maximum percentage of development of a land plot with other capital construction projects in this zone is 60%.

2. The minimum setbacks from the walls of buildings and structures to the boundaries of land plots must be no less than: 3 m - to the wall of a residential building; 1 m – to outbuildings; 4 m – to buildings for keeping livestock and poultry.

3. The minimum distance from the windows of living rooms to the walls of a neighboring house and outbuildings (barn, garage, bathhouse) located on adjacent plots of land must be at least 6 m; blocking of residential buildings, as well as outbuildings on adjacent plots of land is allowed by mutual agreement of homeowners for new construction, taking into account fire safety requirements.

4. In the absence of a centralized sewerage system, the distance from the toilet to the walls of the neighboring house must be at least 12 m, and to the water supply source (well) - at least 25 m.

5. Minimum distance to the red lines from buildings on the land plot:

- to the red lines of the streets from the individual housing construction site and the residential building of blocked development - 5 m;

- to the red lines of streets from outbuildings - 5m;

- to the red lines of passages from an individual housing construction site and a residential building of blocked development - 3 m;

— to the red lines of passages from outbuildings – 5 m.

6. The total area of green areas for public use (parks, forest parks, gardens, squares, boulevards, etc.) must be at least 10 m2/person.

7. Land plots under individual housing construction projects must be fenced. The fence must be made of good quality materials intended for these purposes. The height of the fence should be no more than 2.0 meters to the highest part of the fence.

9. The maximum height of newly located and reconstructed capital construction projects classified as the main types of permitted use and conditionally permitted types of use should not exceed 3 floors.

10. The maximum height of newly placed and reconstructed built-in or detached garages, open parking lots without maintenance for 1 - 2 cars, on a land plot of an individual housing construction project or a residential building of a blocked development, classified as auxiliary types of permitted use, should not exceed from ground level to the top of a flat roof no more than 3.2 meters, to the ridge of a pitched roof no more than 4.5 meters. The maximum total area of newly located and reconstructed built-in or detached garages, open parking lots without maintenance for 1-2 cars, classified as auxiliary types of permitted use, should not exceed 60 m2.

11. The maximum height of a capital construction project classified as an auxiliary type of permitted use must not exceed 2/3 of the height of a capital construction project classified as the main type of permitted use and located on the same land plot. The maximum area of a separate capital construction project (except for garages) classified as auxiliary types of permitted use must not exceed 75% of the total area of the capital construction project classified as the main type of permitted use and located on one land plot.

Dimensions meaning

The minimum size of a land plot makes it possible to use it for its intended purpose, observing sanitary and other standards. That's what the law says.

If the size of a plot when dividing or changing its boundaries does not meet the requirements, then transactions with it are not registered. An exception is if the site was formed before the adoption of land use rules and urban planning regulations, and the rights to it were timely registered.

When filing claims for the division of common property, the court refuses if it is impossible to meet the requirements for the minimum size of the new plot.

Basic requirements for created and modified areas

At the moment, in order to implement sustainable economic development throughout the country, public policy is forced to effectively use natural and, in particular, land resources, that is, to comply with the maximum minimum size of a land plot and the norms for the provision of plots specified in the legislation.

In addition, the land must be actively involved in civil circulation, and this inevitably entails the formation of new areas and their changes.

The main document stipulating land relations in these matters is the relevant Code and the requirements for the newly formed and changed land plots are quite clearly indicated in the said document:

The main one of these requirements is strict adherence to the maximum and minimum sizes specified in urban planning regulations and state laws, depending on their scope.
It is imperative to ensure that when creating or changing sites, there are no intersections of their established boundaries with existing lines limiting the territory of municipalities or settlements.
It is impossible to allow the appearance of such plots of land that make it impossible to use the construction projects already built on them in accordance with the type of their use determined by law.
The division or other formation of plots must comply with restrictions and encumbrances that do not allow their intended use, in accordance with those established by law.
It is not permissible for defects to appear as a result of the formation or change of sites that interfere with the rational use of land or contribute to its impossibility: wedging, interspersing, interstriations or excessive broken boundaries, as well as the impossibility of legal buildings.

When forming or changing land belonging to state or district property, these rules are necessary requirements that must be followed.

In what cases should you pay attention?

The Land Code provides several options:

section of the site;
redistribution of the site;
allocation of a share from common property.

Division is the cessation of the existence of the primary site and the emergence of new objects, in particular, they are assigned new cadastral numbers and are placed on cadastral registration.

Redistribution - the formation of new areas by changing the boundaries of previously existing objects. The procedure is carried out for adjacent objects.

When allocating a share, the old object is preserved, its boundaries and area are changed, and a new site is formed. Both must meet minimum land size requirements.

Commentary on Article 11.9 of the Land Code of the Russian Federation

1. Town planning regulations, based on the provisions of Art. 30 of the Town Planning Code of the Russian Federation are part of the rules of land use and development, which are approved by local governments. At the same time, Art. 31 of this Code establishes that the preparation of draft land use and development rules can be carried out in relation to all territories of settlements, urban districts, as well as parts of the territories of settlements, urban districts, with subsequent introduction of changes to the land use and development rules relating to other parts of the territories of settlements, urban districts. In relation to inter-settlement territories, the preparation of draft rules for land use and development can be carried out in the case of planning the development of such territories.

With regard to the content of urban planning regulations relating to land plots, Art. 30 of this Code establishes the following: the town planning regulations in relation to land plots and capital construction projects located within the relevant territorial zone indicate:

1) types of permitted use of land plots and capital construction projects;

2) maximum (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects;

3) restrictions on the use of land plots and capital construction projects established in accordance with the legislation of the Russian Federation.

2. Legal requirements for determining the maximum (minimum) sizes of land plots are defined in Art. 33 of this Code (see commentary to the article). A number of conditions for the size of a land plot are established by the Federal Law “On the Turnover of Agricultural Land”. Article 4 of the said Federal Law determines, in particular, that the minimum sizes of new land plots formed from agricultural lands may be provided for by the laws of the constituent entities of the Russian Federation in accordance with the requirements of the legislation of the Russian Federation on land management. This article also establishes other norms regarding the size of agricultural land plots as objects of transactions. Actually, the Federal Law “On the Turnover of Agricultural Land” is based on the fact that determining the maximum size of the total area of agricultural land, which is located on the territory of one municipal district and can be owned by one citizen and (or) one legal entity, is one of the principles of regulation turnover of agricultural land (Article 1).

3 - 6. The requirements of paragraphs 3 - 6 of this article are addressed to the work to establish the boundaries of land plots, and their purpose can be characterized in such a way that certain actions to form land plots should not be carried out to the detriment of the implementation of the general requirements of the law requirements for the legal regime of land plots and real estate located on it.

Going beyond

Decisions of local authorities may provide for exceptions that are not affected by the requirements:

previously formed objects put into operation before the new rules came into force, or on the basis of permits issued before the new rules came into force;
areas allocated for block construction;
plots allocated at the regional level for development to large families and other citizens registered as needing housing.

Local authorities may establish other exceptions to the rules on the minimum size of a land plot. The establishment of a time frame for the validity of new rules can be regulated differently.

Norms and regulations

The main provisions for determining the maximum and minimum dimensions of the land area for individual housing construction are prescribed in the Land Code of the Russian Federation (clause 1 of Article 11.9) and in the Town Planning Code of the Russian Federation (Part 6 of Article 30). These parameters are necessary for optimal use of land.

The laws prescribed in the codes of the Russian Federation include general requirements that local governments should rely on when writing and enacting regulations.

When providing a land plot owned by federal or state bodies, the size will be determined according to the following factors:

For lands that are federal property, the size will be established in accordance with the laws of the Government of the Russian Federation.
The parameters of sites provided for construction according to benefits are established at the level of federal subjects.
The size and area of plots allocated for private construction are determined by the local administration

At the regional level, authorities have the right to set their own limits that do not contradict the laws of the Russian Federation.

All established standards must be standardized in the “Land Use and Development Rules”, urban planning regulations and strictly observed.

The maximum and minimum limits for the size of land plots for individual housing construction vary in the regions and on average amount to 3-30 acres. In some regions, the minimum size may be several times higher than the national average.

The limiting parameters of the site are influenced by such aspects as:

the total area of the region and free territories;
demand for land plots;
population size and density;
level of development of the region.

To clarify the possible size of a land plot, citizens should contact the administration of the district, city, or village.

The maximum size of land plots is regulated by the current Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ, the Law of the Krasnodar Territory dated November 5, 2002 No. 532-KZ “On the fundamentals of regulating land relations in the Krasnodar Territory” and the decision of the City Duma of the cities. Krasnodar dated September 24, 2009 No. 61, clause 26 “On approval of the procedure for disposing of land plots on the territory of the municipal formation of the city of Krasnodar.”

Thus, according to Article 33 of the Land Code of the Russian Federation, the maximum (maximum and minimum) sizes of land plots provided to citizens from state or municipally owned lands for peasant (farm) farming, gardening, market gardening, livestock farming, dacha construction are established by laws subjects of the Russian Federation, for running personal subsidiary plots and individual housing construction - by regulatory legal acts of local government bodies.

According to Article 12 of the Law of the Krasnodar Territory dated November 5, 2002 No. 532-KZ “On the fundamentals of regulation of land relations in the Krasnodar Territory”, the maximum (minimum and maximum) sizes of land plots provided to citizens for ownership from lands in state or municipal ownership are:

for gardening and for summer cottage construction - from 400 square meters to 1000 square meters;

for livestock farming - from 1000 square meters to 2000 square meters;

for collective gardening - from 600 square meters to 1500 square meters.

The maximum (maximum and minimum) sizes of land plots provided to citizens from lands in state or municipal ownership for private farming and individual housing construction are established by regulatory legal acts of local government bodies.

Article 41 of the Law of the Krasnodar Territory dated November 5, 2002 No. 532-KZ “On the fundamentals of regulation of land relations in the Krasnodar Territory” establishes the maximum size of land plots provided to citizens for free ownership.

for individual housing construction (undeveloped land plots) - 1000 square meters;

for gardening - 600 square meters;

for collective gardening - 600 square meters.

Before the delimitation of state ownership of land, the maximum sizes of land plots provided to citizens for free ownership from state lands on the grounds provided for by federal legislation and this Law, for developed land plots provided for individual housing construction and personal farming before the entry into force of this Law , are established by local governments in the Krasnodar Territory.

By decision of the City Duma of the mountains. Krasnodar dated September 24, 2009 No. 61 clause 26 “On approval of the procedure for disposing of land plots on the territory of the municipal formation of the city of Krasnodar” established the maximum sizes of land plots provided to citizens for ownership from state-owned lands before the delimitation of state ownership of land in the territory municipal formation of the city of Krasnodar, as well as lands that are municipally owned by the municipal formation of the city of Krasnodar, amount to up to 1000 sq. m. for individual housing construction. m.

The minimum size of a land plot provided to citizens from state-owned lands, before the delimitation of state ownership of land on the territory of the municipal formation of the city of Krasnodar, as well as lands that are in municipal ownership of the municipal formation of the city of Krasnodar, is for individual housing construction 300 sq. . m. (clause 22).

Clause 23 of the decision of the City Duma of the mountains. Krasnodar dated September 24, 2009 No. 61, clause 26 “On approval of the procedure for disposing of land plots on the territory of the municipal formation of the city of Krasnodar” established that within the boundaries of the municipal formation of the city of Krasnodar, land plots for individual housing construction are provided in the following sizes:

in areas with established buildings - from 300 to 800 square meters;

in areas free from development in accordance with project documentation - from 800 to 1000 square meters.

However, this item was canceled by the decision of the City Duma of the Mountains. Krasnodar dated June 24, 2010 No. 77, clause 7 “On approval of the procedure for disposing of land plots on the territory of the municipal formation of the city of Krasnodar.”

Thus, at present, the current legislation does not establish maximum (maximum and minimum) sizes of land plots owned by citizens (provided before the entry into force of the Land Code of the Russian Federation).

In accordance with paragraph 5 of Article 27 of the Federal Law “On the State Real Estate Cadastre” dated July 24, 2007 No. 221-FZ, during cadastral registration in connection with clarification of the boundaries of a land plot, the cadastral registration authority makes a decision to refuse to carry out this cadastral registration if: as a result of this cadastral registration, the area of this land plot, determined taking into account the requirements established in accordance with this Federal Law, will be greater than the area, information about which regarding this land plot is contained in the state real estate cadastre, by an amount greater than the maximum minimum size of the land plot, established in accordance with land legislation for lands of the corresponding intended purpose and permitted use, or, if such a size is not established, by an amount of more than ten percent of the area, information about which regarding this land plot is contained in the state real estate cadastre.

Chief specialist - expert, state registrar D.V. Merezhko

Limit parameters of permitted construction of individual housing construction

Hannamariah / Depositphotos.com

In accordance with the amendments made to the Town Planning Code, which came into force on August 4, an individual housing construction facility is understood as a separate building with no more than three above-ground floors, no more than 20 m in height, which consists of rooms and auxiliary premises intended for the satisfaction of citizens household and other needs related to their residence in such a building, and is not intended for division into independent real estate.
It is provided that the parameters established by the Town Planning Code of the Russian Federation for individual housing construction objects also apply to residential buildings and individual residential buildings, unless otherwise provided by law (Federal Law of August 3, 2018 No. 340-FZ). The Town Planning Code of the Russian Federation has been supplemented with provisions according to which the construction and reconstruction of individual housing construction projects and garden houses do not require the issuance of a building permit. However, in such cases, the developer will have to submit a notification about the planned construction (reconstruction) to the authority authorized to issue construction permits. The authorized body, after checking the documents submitted by the developer, will send him a notification about the compliance or non-compliance of the individual housing construction project (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot.

Until what date has the simplified extrajudicial administrative procedure for the legalization of individual housing construction projects created or created on land plots intended for these purposes been preserved? Find out from the material “Unauthorized construction” in the “Encyclopedia of Solutions. Agreements and other transactions" Internet version of the GARANT system. Get full access for 3 days for free!

After completing the construction or reconstruction of an individual housing construction project or a garden house, the developer will need to submit a corresponding notification to the authorized body, based on the results of an inspection of which the authorized body will make a decision on the compliance (non-compliance) of the constructed (reconstructed) facility with the established requirements. The Russian Ministry of Construction has already prepared draft 1 of the relevant notifications.

An individual housing construction project, the construction permit for which was received before the date of entry into force of the law in question, may exceed the parameters specified in paragraph 39 of Art. 1 of the Town Planning Code of the Russian Federation (as amended by this law), provided that the parameters of this object comply with the construction permit.

1 The text of the draft order of the Ministry of Construction of Russia “On approval of notification forms required for the construction or reconstruction of an individual housing construction project or garden house” can be found on the federal portal of draft regulatory legal acts (ID: 02/08/08-18/00082994).

In an effective way, using the convenience of the construction site and the convenience of meeting the deadlines for the construction of objects on it, you can achieve a lot. The maximum parameters of permitted construction are almost the same as the maximum dimensions of the land plot on which construction production is organized; they are an important topic for conversation with the customer. For this reason we wrote this publication. Who wouldn’t want to know what points to pay attention to and what places are best to build.

The maximum parameters of permitted construction by the Civil Code of the Russian Federation are defined as the minimum and maximum sizes of land plots for which there are restrictions. Article 38 of the above code states that the maximum parameters for permitted construction may include:

sizes of land plots, including their area;
minimum distances from borders;
maximum number of floors or maximum height of buildings (structures);
maximum building percentage.

All these restrictions are specified in federal legislative acts and are guidelines for establishing additional maximum parameters for permitted construction in regional zones.

What is the minimum land plot size?

The minimum plot size is the area of land that is used for its intended purpose, obtained as a result of the division and cannot be lower than the indicator accepted as the norm.

The maximum size of a plot is stated in the Town Planning Code and Land Use Rules adopted by local authorities.

In addition to the direct partition, the minimum size is used in the following cases:

when allocating land from state or municipal funds;
during the transfer of plots to an individual for personal use;
if land is allocated from common property;
when the issue of cutting off a plot is decided;
when forming a new indivisible plot of agricultural land.

If the plot is smaller than the permissible size, then it cannot be registered!