Transfer of land from agricultural use to industrial use

Industrial lands are areas intended for the construction of facilities for the purposes of manufacturing, mining or residential services. Plots located in the agricultural fund cannot be used for the listed needs. In this regard, land is being transferred from agricultural to industrial use.

As a rule, industrial lands are formed on the basis of areas created earlier, on which production facilities once operated. Another way of education is to change the category of land.

Goals of converting land from one purpose to another

Industrial lands are areas on which the construction of buildings and structures is permitted, the main task of which is the production of industrial products of any volume. These areas also include those intended for mining.

Land transformation occurs in two ways: from old plots of the same purpose (for example, if there was previously a processing or production plant here, and then it was demolished); by transferring from agricultural soils to industrial ones.

When is it allowed to transfer agricultural land to another category?

The full list of grounds for changing the category of agricultural land is defined in clause 1, article 7 of Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another.” These include:

land conservation;
location within the land plot of monuments (historical, architectural or natural) or a nature reserve and the creation of specially protected areas;
establishing or changing the boundaries of settlements;
placement of industrial facilities on the site;
installation of power lines, construction of roads and other linear facilities, carried out on the basis of a project for the reclamation of part of the land;
inclusion of territories unsuitable for agricultural work into forest or water fund lands or reserve lands;
mining operations carried out on the basis of a reclamation project;
installation of public utility facilities, if their other placement is impossible;
taking measures to fulfill obligations under international treaties to ensure state security.

Change of legal regime: list of required documents

If the question arises of how to transfer land from agricultural use to another category, the interested person must obtain the appropriate permission, and for this he needs to submit an application to the authorities vested with such powers and attach a certain package of documents to it. To apply you need to prepare:

cadastral number of the land plot;
confirmation indicating which category the selected plot currently belongs to;
a written justification (possibly even certified by a notary), which provides a clear explanation of why a change in the category of land is necessary;
a document confirming the right to own the selected plot.

Documents for transferring a plot from one category to another Source visanow.ru

Where to contact?

The category of land plot is determined independently or with the help of a cadastral engineer. Experts recommend using the services of a land management specialist; he will prepare an application to change the type of permitted use and attach a copy of the urban zoning document to the application.

The collected package of documents is sent to the cadastral chamber. Here, if the decision is positive, the type of permitted use changes.

If the subject decides to take personal part in the collection, preparation, and submission of documents, he must be the owner and have supporting documents ( Vypsika from the Unified State Register of Real Estate replaces the right of ownership from January 1, 2021). In this case, the documentation is submitted to the MFC.

Video description

Features of the translation procedure.

Additional list of documents, in the absence of which translation may be refused:

Written consent of the owner. According to the law, this may be any person who is able to confirm his right to the plot. This may be an individual or legal entity. The copyright holder is also the one who leased the selected plot.
Justification from the local government, which proves that there are no other options for transformation other than this one.
Estimated value according to the cadastre.
Complete characteristics of the land.
Expertise of an ecologist approved by seal and signature.
A document that confirms the type of right to the selected plot (issued only by the registration authority).
A copy of an identity document, if an application to transfer agricultural land to another category is submitted by a person, or an extract from the Unified State Register of Legal Entities and Unified State Register from a legal entity or individual entrepreneur.

The absence of an extract from the Unified State Legal Entity may result in refusal to transfer land Source maucultura.ru
The listed list of documents is not final and may vary in each specific case depending on the region where it is necessary to transform the land plot into another category.

Is it possible to convert agricultural plots, private housing construction or forestry into industrial ones?

There is one very important nuance in the issue of transferring land to the category of industry. If the land is already registered as the property of a legal or private entity, then, in accordance with Article 40 of the Land Code of the Russian Federation, absolutely all restrictions on the legal use of these lands are removed from these persons. That is, these lands, if desired, can be easily transferred to the industrial category.

In other cases, it is necessary to first register the land in the name of a legal or private entity and then subsequently transfer the registered land to another category in accordance with the current legislation.

In other words: Both legal entities and private individuals exercise the rights that belong to them in accordance with the current Legislation, solely at their own discretion, unless otherwise provided by the current Code, as well as these federal laws.

As described above, industrial lands can change category. If you are interested in the reverse process, then read the step-by-step instructions for transferring industrial land to another category.

The procedure for transferring a land plot

When the documents have been collected and the user has received approval for translation, they proceed to the next stage - conducting examinations and obtaining various permissions from authorities. This also includes the protection of the project at the level of the subject of the federation; the data must be quoted in the state cadastre. To perform all these manipulations, submit the following list of documents:

application for amendments to the state cadastre (it is possible to send it electronically to Rosreestr);
land survey plan;
cadastral passport of the plot;
certificate of ownership, which confirms that the applicant can use the site for its intended purpose;
Russian citizen passport;
permission from the municipality to change the VRI;
results of the examinations.

From the moment the project is protected at the level of the subject of the federation, all necessary changes can be made to the registry.

Industrial and agricultural lands Source seasons-goda.rf

What should you do when a positive decision is made?

As was already mentioned a little above, when the relevant body accepts the transformation of the category of land allotment, the tenant is sent an act with the decision or an officially certified copy of this act within up to 14 days.

After receiving such a decision, the tenant must contact Rosreestr with the attached act and receipt confirming payment of the state fee in the amount of 350 rubles for re-registration, as well as a cadastral document and a copy of the passport.

Rosreestr carries out re-registration within up to 5 working days . In this case, re-issuance of existing documents for the allotment is not required (according to paragraph 4 of Article 5 of Law No. 172).

More information about plots included in special purpose lands:

energy;
to support space activities;
transport;
communications;
defense and security of the Russian Federation.

Features of the procedure for transferring land from agricultural to industrial purposes

In order to change the category of the allotment, a petition is sent to the local government after all the documents have been collected. The process for considering the need for conversion will have several features. These include:

If the land plot is within the competence of the subject of the federation, then the future land user must contact the land resources department. However, more often the service is provided by a city or district committee for managing land and property relations.
If the application is sent by a person who does not have ownership of the declared plot or does not have the appropriate power of attorney from the owner, certified by a notary seal, the conversion of the category of plots will be refused.
A mandatory refusal to transfer land from agricultural use to the industrial category will also occur if the applicant has provided inaccurate information about himself or an incomplete package of documents (you can check this with local authorities, since it may be different for each region).
In the event that the applicant has provided all the necessary documents strictly in the form prescribed by current legislation, the application is considered and a decision is made within two months.
The decision made is made in the format of an act, drawn up accordingly, which is established for an unlimited time. The finished document is sent to the interested party strictly within 14 days from the date of the decision. This act must contain all the information in accordance with Article 3 of the basic law on land transfer.

Please note that an act with a negative decision can be appealed in court.

Negative decision to transfer land from one category to another Source eg.ru

What documents are needed?

The procedure for changing the category of a land plot begins with the preparation of documentation; the list of papers is regulated by law.

What documents are needed:

Passport (original, copy).
Extract from the Unified State Register of Real Estate (confirming the ownership of the land plot).

If the plot has several owners, it is necessary to obtain the consent of each. In some cases, permission from the environmental service conducting the examination may be required.

After submitting the documentation, the commission can consider the application within two months.

Reasons for refusal of transfer

There are several reasons that may serve as grounds for refusing to transfer land from an agricultural category to another. These include:

the existence of a ban on the transformation of a land plot regulated by a legal act of federal or regional significance;
based on environmental assessment;
future intended use is not compatible with the declared category of land.

The corresponding document, which is sent to the applicant with a negative decision, must explain the reason in detail.

Is it possible to challenge a refusal to transform the categories of land plots and how to do it?

You can challenge a refusal only if it was unlawful. You should first make sure of this. To do this, you need to go through the following sequence of actions:

check whether the entire set of documents has been provided to local governments;
analyze the features of the current legislation on the basis of which a refusal may be issued;
find out whether it is possible to transfer a particular site to another category;
reconsider again whether there are any established prohibitions on carrying out this procedure in relation to the selected area;
order a repeat environmental assessment, but this is only if the refusal act refers to deterioration in the quality of the land.

The interested party must know the entire sequence of the procedure for transferring land from the category of agricultural use in order to formulate an appeal to review the decision.

Appealing a negative decision to transfer land to another purpose Source lawyer-expert.ru

Important! A reverse complaint should be sent directly to the authority that issued a negative verdict on the application. This document must indicate the detected violations that were committed by representatives of the local government during the decision-making process.

When a complaint is filed, an exact deadline for responding to it must be set. It can be tracked by sending the document by registered mail with acknowledgment of receipt. It happens that the claim sent by the applicant personally does not work, then a lawsuit is filed in court.

Drawing up a claim to court to challenge a decision Source nashedelopravoe.ru

The structure of the claim will be the same for almost all cases:

references to legal norms are indicated;
the names of the parties to the trial are indicated;
information about the land plot is indicated;
the given grounds for refusal are specified;
claims are prescribed.

In the claim document, which is sent to the court, the applicant must demand the cancellation of the refusal to provide the service and the entry of information into the Unified State Register. If the refusal was formed at the stage of consideration of the package of documents, the applicant for the transfer of land categories must ask the court to declare such a decision illegal. In this case, the results of the pre-trial procedure must be indicated.

Illegal refusal to transfer land from one purpose to another Source drom.ru