When listing the advantages of country life, owners of land plots first of all mention complete freedom - “I am the owner of my plot. I can do whatever I want on it and behave as I please.” But it is not so.
Although current legislation gives citizens the opportunity to own land as private property, it does not follow that they can do whatever they want with this land.
After all, even a plot of land owned by someone is the territory of the country. Moreover, it is part of the ecosystem in which we all live. Therefore, the state has established strict rules for the use of land plots, which everyone, even the owners, are required to comply with. Failure to comply with these rules may result in fines and, in exceptional cases, deprivation of land ownership rights.
However, not all land owners have studied these rules in detail, and often they do not even know that they are committing a violation. In this publication we will understand why and how the owner of a land plot can be punished.
Unregistered buildings
Agree, not everyone would think of registering a gazebo or enclosure for a dog.
But, often, these and many other structures on the site, from the point of view of the law, are real estate objects that must be registered with Rosreestr, and for which taxes must be paid. Many people have buildings on their plots that were erected many years ago, from what was there, and have not been used for their intended purpose for a long time. So, standing in the far corner of the site, on an improvised foundation, a pile of nails and sticks must also be registered with Rosreestr and taxed. Otherwise you will have to pay fines.
How to prove the fact of illegal possession of memory?
Proof of the use of memory for purposes other than its intended purpose must be carried out within three years from the date of receipt of information about violations (Article 196 of the Civil Code of the Russian Federation).
Otherwise, the preparation of documentation allows for the recognition of a refutation, provided that the authorized authorities knew about the violation, but did not accept the corresponding ones; the use of land plots was not verified, condoning the actions of the right holder.
Information can be obtained by written statement from the offender’s neighbors or discovered as a result of administrative checks and other facts accompanying the provision of information.
The size of the plot is larger than in the documents, or there are no documents at all
In both cases, the same result is an accusation of unauthorized seizure of land. This problem is often faced by those who neglected land surveying. If the boundaries of the plot diverge from the data of the public cadastral map, then problems await the owner.
If the title documents were received a long time ago and have not been preserved, in some cases it will simply be impossible to prove ownership of the land.
An order will be issued to release the illegally seized land. In addition, in accordance with Article 7.1 of the Code of Administrative Offenses, a citizen will have to pay a fine in the amount of 1% to 1.5% of the cadastral value of illegally occupied land, and if such has not been determined - from 5,000 to 10,000 rubles.
What does it mean to use a plot of land for other than its intended purpose?
Each plot transferred to citizens as property or on another title basis of ownership belongs to the appropriate category . Information about the category of land is entered into the State Real Estate Cadastre (GKN) on the basis of Federal Law No. 221-FZ, dated July 24, 2007.
Based on the established category, land is classified according to its intended purpose (Order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540), that is, tracts of each category allow only one type of use (Article 42 of the Land Code of the Russian Federation).
Legal entities and individuals are provided with plots only from the following categories of land:
- settlements;
- agricultural purposes;
- for industrial purposes.
The remaining categories of massifs remain the property of the state or are transferred for use to municipalities.
Each type of permitted use of memory is intended for a specific application. For example, if the lands are transferred to a gardening partnership, then the plot cannot be used for a livestock farm, grazing livestock on adjacent lands. And vice versa - the space of meadows where residents of a settlement graze livestock cannot be used for the construction of country houses.
Fractional differentiation of classification is applied to the lands of settlements, which are distributed in accordance with the rules of zoning of the territory. Some zones are intended for development with multi-storey buildings, others - for the private sector.
They include infrastructure facilities and retail space. Here it is also unacceptable to build a cottage between high-rise buildings, and vice versa - without obtaining special permission or changing the type of intended use.
Industrial lands also require zoning . For example, if a development zone is alienated for the construction of a metallurgical complex, it is unacceptable to build a warehouse for an oil storage facility, with subsequent use for commercial purposes.
Regulations for the intended use of certain zones are established by the administration of the locality in accordance with the classifier , which entered into legal force in 2014. The municipality is also responsible for overseeing the implementation of the established land use regulations.
Misuse or non-use of the site
In the real estate register, each plot is assigned its intended purpose, which must be observed: industrial production cannot be carried out on a plot for individual housing construction, a garden plot is not intended for the construction of multi-storey buildings, etc.
Violation of the intended purpose, or “idleness” of the site may entail liability for the owner. In accordance with Article 8.8 of the Code of Administrative Offenses, for misuse of land, citizens are subject to a fine in the amount of 0.5% to 1% of its cadastral value, but not less than 10,000 rubles .
For non-use of land - a fine of 0.3% to 0.5% of the cadastral value, but not less than 3,000 rubles.
Agricultural lands: liability for non-use of farmland
Home » Department of Property and Land Relations of the Administration of the Uinsky Municipal District » Land control » Agricultural lands: responsibility for non-use of farmland
Land legislation defines agricultural lands as territories that are located outside the boundaries of populated areas and intended for agricultural needs.
A capacious definition reveals the essence of such lands: they are allocated exclusively for agricultural activities. For this reason, the state at all levels of government maintains constant control over the use of these territories.
It consists of a special procedure for the provision and sale of such land plots, rules of use and operation, as well as strict deadlines within which the owner must begin using the plot.
- Development of farmland - what the law says
The peculiarity of agricultural land is that the owner may not always begin to use it for its intended purpose immediately after acquiring rights to this land. The fact is that growing agricultural products requires the creation of special conditions, and not every agricultural land can meet them.
The process of preparing land for agricultural use is called land development. This concept should be distinguished from the operation of the site. Development is a set of measures aimed at creating conditions for the normal use of a land plot. Exploitation refers to the process of actually using land to obtain some benefit.
Article 42 of the Land Code, among all the responsibilities of land owners, highlights the need for timely development and use of land.
The legislator does not indicate in any regulatory legal act the specific time frame required for the development of agricultural land. At the same time, there are established deadlines within which the owner of such land must not only develop the territory for growing crops, but also directly begin to carry out such activities.
Thus, the concepts of land development and use are closely related but have distinct meanings.
Violation of the deadlines established for the start of the actual implementation of activities on a plot of agricultural land can result in huge sanctions from supervisory authorities. But the main thing is that an indifferent attitude towards current requirements is the reason for deprivation of rights to a land plot.
- Responsibility for non-use of agricultural land
Current legislation establishes an obligation for copyright holders to promptly begin to use agricultural land.
In case of violation of this obligation, the state applies sanctions in accordance with the following legal acts:
- Code of Administrative Offences;
- Land Code;
- Civil Code;
- Federal Law “On the turnover of agricultural land”.
Such an obligation is established in paragraph 3 of Article 6 of the Federal Law “On the turnover of agricultural land”. The legislator sets the period during which the owner must begin to use the land. It lasts three years from the date of receipt of the right to the site. Moreover, this period also includes the time required to develop the land for agricultural needs.
The function of monitoring compliance with this requirement rests on the shoulders of Rosselkhoznadzor inspectors.
Identification of violations related to the non-use of agricultural land is carried out through the following procedures:
- supervisory inspections;
- administrative surveys;
- preliminary checks of information from requests and letters from authorities.
As part of the above-mentioned inspection procedures, inspectors go to the land plot, carry out the necessary measures, the complex of which must be specified in the order to conduct the inspection, after which they formalize the event with the appropriate act and, if a violation is detected, they hold persons accountable.
The owner of an agricultural land plot who does not start using the land in a timely manner faces negative consequences.
Penalties provided for in Part 2 of Article 8.8 of the Code of Administrative Offenses of the Russian Federation. Their value depends on the cadastral value of the land, as well as the presence of aggravating circumstances. You should pay attention to part 2.1 of the same article, which adds a separate offense. If agricultural land has already been seized from the owner and transferred for use to other persons who similarly do not take measures for exploitation, then the new owner will also bear responsibility for this.
An order that will be under constant control of a government agency. The order contains a requirement to eliminate the violation and sets appropriate deadlines.
In case of failure to comply with such an order, the person will not only be held accountable in the form of heavy fines, but the issue of depriving him of the right to the site will also be decided.
- Responsibility for using land for purposes other than its intended purpose
Article 42 of the Land Code establishes an obligation for the actual land user of the site to comply with the category of land and the type of permitted use.
The reason for the strict regulation of this rule is the following circumstances:
- different ways of using land provide for certain land tax coefficients;
- when using areas in violation of the permitted type, irreparable harm may be caused to the land as a natural object;
- there may be a threat of property or physical harm to neighboring land owners.
An example of inappropriate use of land would be the organization of a waste dump on land that is intended for agricultural production. As a result of such actions, the fertile layer of soil will be destroyed, and the land will not be able to be used for growing crops for a long time.
The state land supervision bodies of Rosreestr monitor compliance with this requirement by conducting verification activities. If violations are detected, the authority also issues an order, and the guilty person is held accountable, but under Part 1 of Article 8.8 of the Code of Administrative Offenses of the Russian Federation.
Please note that responsibility for violation of this requirement lies with the actual land user of the land plot. If, out of friendship, you were given a plot of land for a while, and you violated the intended purpose of the land, then you will be guilty of committing an offense.
If you do not comply with the instructions of the regulatory authority or do not extend the established period in a timely manner, through the court you may be deprived of the right to the plot by confiscating it.
- Confiscation of land from the owner
The grounds and procedure for carrying out this procedure are regulated in detail by the norms of the Federal Law “On the Turnover of Agricultural Land”. Other regulatory legal acts also include general rules indicating the possibility of land seizure.
The law identifies several grounds for the seizure procedure:
- reduction in land fertility as a result of the owner’s violation of existing rules and regulations;
- not using the land for three years from the moment such a violation was detected by regulatory authorities;
- operation of the site in violation of the type of permitted use or intended purpose.
Seizure of land plots can be carried out from any right holders, regardless of the type of right. Moreover, such withdrawal may be expressed in the termination of rental legal relations.
The immediate reason for seizure is failure to comply with the order of the regulatory authority, which was issued at the same time as the owner was brought to administrative responsibility. Moreover, if there was no administrative punishment, the order cannot be considered valid, and it is subject to cancellation at the request of the person to whom it was issued.
If the fact of non-compliance with the order is revealed, the seizure procedure begins.
The inspector submits the necessary information to the regional administration.
This body goes to court with a claim to seize the land.
Six months after a positive court decision, a public auction procedure is organized.
All funds received from the sale go to the former owner, but actual losses incurred for organizing the auction are deducted from the amount.
- What else is important to know about the use of agricultural land
In order for the farming business to grow and the use of agricultural land to bring only pleasure, the following provisions should be adhered to.
Establish the actual boundaries of the site.
Constantly monitor changes in relevant legislation. New regulations governing the use of agricultural land may introduce a number of requirements and liability for their violation.
Do not put off using the land until later, as supervisory authorities can come to your site at any time.
Residential buildings should not be built on agricultural land, as this is a violation of the intended use.
Any owner of farmland should at least roughly know the basic provisions of the current legislation.
Corruption of the earth
Violation of sanitary standards during the construction of bathhouses and street toilets, dumping of waste on site, unauthorized excavation of pits, etc.
- all this will be considered damage to the top fertile layer of the earth. For these actions, in accordance with Article 8.6 of the Code of Administrative Offenses, citizens are subject to a fine of 3,000 to 5,000 rubles. In addition, an order will be issued to eliminate violations and reclaim the land. For ignoring it, according to Article 8.7 of the Code of Administrative Offenses, a citizen faces a fine of 20,000 to 50,000 rubles.
As you can see, there are many restrictions that any land owner must comply with if he does not want problems with the law.
What do you think, which of these restrictions are really necessary and which are useless?
Which ones would you personally remove and which ones would you add? Please share your opinion in the comments. If you liked the article, please share it on social networks. VAT – 2022
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Concept and features of misuse of land
You can find out what misuse of a land plot is from the norms of land legislation. The law states that all lands in the country are divided into separate categories depending on their intended purpose.
Based on the category established for the land, a citizen has the right to use the site using one or more types of permitted use. Establishes the types of permitted use using a single classifier for all.
The Land Code (Article 7) states that there are 7 categories of land in the country:
- Territories of settlements.
- Agricultural purposes.
- Land for industrial facilities, communications or energy.
- Areas of special protected areas.
- Forest fund lands.
- Water fund lands.
- Reserve Fund.
The intended use of land is determined by Order of the Ministry of Economic Development of the Russian Federation No. 540 “On approval of the classifier of types of permitted use of land plots.”
Examples of misuse
To make it easier to understand what actions may be interpreted as illegal by control or supervisory authorities, it is necessary to provide real examples of misuse of land.
Examples include the following situations:
- Inappropriate use of agricultural land - construction of industrial enterprises or apartment buildings on plots.
- Inappropriate use of plots for summer cottage construction - construction of an apartment building on the land.
- Construction of a 9-story building on a site with the type of permitted use “Mid-rise residential development” - a maximum of 8 floors can be built.
That is, a violation of the intended use will be recognized by law not only as a violation of the category of purpose of the land, but also the type of its permitted use. In some cases, land can be transferred from one category to another, but this will require a lot of time and paperwork.
Prosecution procedure
The country has special supervisory authorities that control the protection of lands and the procedure for their use.
The procedure for bringing the perpetrator to justice is carried out according to the following algorithm:
- Identification of the fact of misuse of land - inspection by land supervision or the Prosecutor's Office, appeal from citizens or municipal institutions.
- Sending a request by the inspector to stop illegal actions.
- Drawing up an administrative protocol under Art. 8.8 Code of Administrative Offenses of the Russian Federation.
- Consideration of the case in court and the issuance of a decision to impose a fine on the guilty person.
- If misuse continues, a notice of the upcoming seizure of the land is sent to the owner of the plot.
If the owner agrees with the seizure, a public auction is scheduled . If you do not agree, forced seizure occurs through the court at the request of the authorized body.
If a violation is detected, an inspection report is drawn up, during the preparation of which a cadastral engineer and a representative of the municipality in charge of the given land plot are present.
The act contains information about the location of the plot and its identification, category of allotment and size, as well as the basis for use of the allotment by the person exploiting it.
