Laws and conditions for determining the size of garden plots

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Published: 11/16/2017

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The actual sizes of land plots for gardening and vegetable gardening partnerships are determined and formed by local authorities on the basis of the provisions of general federal laws.

  • How are sizes adjusted? Regulatory acts
  • Minimum dimensions
  • Maximum dimensions
  • What is the maximum plot size?

    The presence of maximum and minimum indicators indicates that domestic legislation establishes area restrictions for plots that can be purchased or leased from local authorities.

    The maximum size of land plots is determined by legislative acts. They include the following parameters:

    • minimum setbacks from the boundaries of plots to determine places where buildings, structures and other objects can be constructed, and beyond which construction is prohibited;
    • maximum building height or maximum permitted number of floors;
    • percentage of development relative to the remaining area of ​​the site;
    • places where there are no restrictions on permissible sizes.

    The maximum size of a land plot largely depends on the purpose for which it is allocated: housing construction, farming, etc. In each specific case, regulations, land use rules and other regulations are taken into account.

    After the above-mentioned changes came into force in 2015, regions lost the right to independently determine the maximum size of land, so there are few such restrictions left.

    Let's look at the features of providing land plots.

    How are sizes adjusted?

    Regulation of issues related to the maximum and smallest available areas of land allocated to citizens for the purposes of gardening is reflected in the Codes of the Russian Federation - Town Planning and Land.

    In addition, within the scope of its competence, the size of the land provided is also regulated by legislative acts and regulatory documents of the constituent entities of the Russian Federation and municipalities.

    Depending on the region, the limit values ​​may vary or even be absent.

    Standards are used to rationalize the provision of land plots to certain categories of applicants (individuals, legal entities, families, etc.) for use or for purchase for certain purposes.

    Regulatory acts

    Regulation of the areas of land suitable for provision for the purposes of gardening and vegetable farming is carried out by the following regulations:

    Article No. 14 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code). Defines, in particular, the following:

    • land transferred free of charge to an NPO in the form of an SNT or other partnership cannot exceed in area the amount of area determined under the category of property for public use and directly the amount of territories allocated for gardening needs. That is, in total – the land for the plots plus the general territory;
    • land that is allocated to a gardening or vegetable garden category partnership is calculated based on the amount of the maximum allowable allocation of land per person (other accounting unit) within the legal conditions and the number of participants in the target non-profit organization, plus additional boundaries of up to 25% of the territory of plots for public needs. That is, the maximum value is determined by the number of owners, the established limit of land per owner, plus public land.

    The Town Planning Code of Russia also contains an indication of the maximum categories of values ​​​​within land plots; it also includes provisions regarding the boundaries of plots and the conditions of permitted development.


    With regard to development, urban planning standards affect the maximum (
    primarily, minimum) values ​​of areas that can be allocated as a separate plot of land with the possibility of development (including dacha construction).
    The code regulating urban planning standards also defines the functionality of the PZZ (rules regarding the development and use of land areas). The Code states that the issue of regulating maximum areas for various categories of use is within the competence of local authorities - at the level of regulations, provisions and PZZ adopted by the constituent entities of the Russian Federation and municipalities. formations.

    That is, the specific values ​​of the maximum and minimum limits for possible areas allocated for use or acquisition by citizens, including gardening and vegetable garden non-profit organizations, are determined by local authorities and their provisions can be referred to for clarification.

    The effect of Article 14 of the Land Code of the Russian Federation will last until January 1. 2021, after which the document will lose force due to the provisions of Federal Law No. 217 of June 29, 2021.

    The conditions for the provision of land subject to urban planning regulations are regulated by these regulations. The conditions for the provision of land, which are not within the purview of urban planning regulations, are regulated by the Land Code and other laws of the Russian Federation.

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    Limits of areas of territories in the conditions adopted by the PZZ

    The maximum sizes of land plots are adopted in accordance with the Land Use and Development Rules (LRU), approved by local authorities. These indicators are mandatory for all participants in land legal relations and are applied when:

    • allocation of plots from state or municipal lands;
    • provision of land for rent;
    • making a decision on the division of territory;
    • determining the possibility of making additions to plots;
    • formation of a new agricultural plot;
    • allocation of agricultural land, which is in common ownership;
    • allocation of unclaimed territory;
    • allocation of lands from artificially irrigated or drained lands.

    To find out the minimum sizes of land plots for apartment buildings, country houses or farms, you need to contact local authorities for information, since these figures are determined by regional legislation.

    Find out what the building and land use regulations are.

    Maximum and minimum plot size in the absence of regulations

    If the region does not have a PZZ and has not established town planning regulations, to resolve issues regarding the formation of sites, it is worth focusing on the legislative acts of the constituent entities of the Russian Federation. This applies to cases where the limits are determined by local authorities.

    One of these regulations is, for example, Law of the Leningrad Region dated October 29, 2003 No. 83-oz. It sets the maximum size of plots that are provided from lands owned by the state or municipally. The same document determines the maximum indicators of the total area of ​​land that can be simultaneously owned and/or otherwise owned by persons engaged in personal subsidiary plots.

    Differences in standards for different types of land

    The PPZ of various municipalities sets the minimum and maximum size of land plots, depending on:

    • from the purpose of the site;
    • standards for one family;
    • norms for one subsidiary farm.

    PPZ established by the municipality must not contradict the norms of federal and regional land legislation.

    For residential construction

    Standards for individual housing construction are established taking into account:

    • building rules;
    • site operation rules;
    • building codes and regulations.

    The importance of the minimum size of a building plot is determined by the danger to residents of neighboring lands from the constructed facility. Therefore, a residential building cannot be built closer than a certain border. It depends on the materials used in construction. The border can be from 8 to 15 meters from the border of the plot.

    In order for all requirements for the placement of objects to be met, the value must be formed taking into account the data:

    • on the economic development of the municipality;
    • about consumer demand for such objects;
    • about the number of plots;
    • about the area where objects are located.

    Before receiving a plot, it is advisable to clarify the standards with the local administration.

    For household farming and gardening

    Land limits for private household plots vary depending on the purpose. Standards are established separately for summer cottage construction and for farming.

    On average, according to federal law, the minimum size is 6 acres. The maximum should not exceed 0.15 hectares.

    Important! If a municipality experiences a shortage of this type of land, then the standards may decrease.

    Agricultural plots

    Standards for agricultural land are established in order to avoid misuse of the plot.

    The minimum size is set at the discretion of the municipality. The maximum value is limited by federal law. It cannot exceed 10% of all agricultural lands of the municipality.

    Responsibility for determining the minimum and maximum size of plots rests with local authorities. However, standards must be formed based on the norms of federal legislation. They vary depending on the purpose of the land.

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    Limitation of the area of ​​plots for individual housing construction

    To know what the minimum area of ​​land for individual housing construction is established, you should:

    • familiarize yourself with the provisions of local town planning regulations. Due to the fact that this issue is not regulated by law, the rules are set exclusively by the local administration;
    • look at the zoning map and determine the exact location of the object;
    • study the basic conditions and requirements for development in this area;
    • contact a geodetic company to draw up a demarcation plan and draw up an act indicating the exact boundaries of the plot.

    The size of the land plot for the construction of a residential building depends on the following factors:

    1. The level of demand for land in a given area.
    2. Population density.
    3. The area of ​​land owned by a person or municipality that can be transferred to individual housing construction.
    4. Level of economic development of the region.

    To which areas do the limits not apply?

    The regulations apply to certain plots of land. The law provides a list of lands to which the rules do not apply:

    • purchased from municipal or state property;
    • intended for the location of objects of state and municipal enterprises.

    The main condition is the intended use of the allotment. List of objects that can be located in such areas:

    • car roads;
    • municipal power supply, water supply, heating facilities;
    • federal and regional transport and communication facilities;
    • federal and regional electrical systems.

    In addition, the law establishes the concept of indivisible plots. Indivisible lands are understood as lands whose area is less than the established minimum limit in a particular municipality.

    Restrictions for land for private household plots

    When obtaining land for private household plots, the following conditions are taken into account:

    • individual residential buildings must have no more than three floors and an area of ​​up to 1500 m2;
    • on 12 acres it is allowed to build only one residential building;
    • the distance of the object from neighboring buildings must be at least 3 m, for outbuildings - from 1 m;
    • the distance between objects is determined taking into account the building material.

    In order to understand the features of choosing the intended purpose of an allotment, read the article “Land for private household plots and individual housing construction: what is the difference.”

    Allowable area of ​​garden plots

    In different regions of the country, the minimum size of land for gardening may differ, for example:

    • in the Moscow region this figure is 6 acres;
    • in Leningradskaya - 5;
    • in Sverdlovsk - 11 acres.

    At the federal level, the minimum size ranges between 6 (for garden farming from 4) and 15 acres. In addition, the area of ​​the gardening plot must be at least 400 m2, and its width cannot exceed 8 m.

    Find out what the land of populated areas is like for gardening.

    Limitations on the area of ​​plots in the Leningrad region

    The following maximum land sizes are established in the Leningrad Region:

    • for gardening – 0.12 ha;
    • for country house construction – 0.20 hectares;
    • for gardening - 0.10 ha;
    • for a peasant (farm) farm – 50 hectares.

    The minimum size of a land plot in the Leningrad region is:

    • for gardening – 0.05 ha;
    • for summer cottage construction – 0.05 hectares;
    • for gardening - 0.01 ha;
    • for a peasant (farm) farm – 1 hectare.

    Restrictions on residential construction also depend on whether it is in a rural or urban area.

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