Transfer of land from agricultural to industrial category: list of documents and features of the procedure

One of the most popular specializations of our company is the transfer of land from the agricultural category to the industrial category. Our specialists have accumulated significant experience in expediting the approval stage, collecting and conducting the necessary package of documents through all authorities, protecting the project, and minimizing the customer’s costs.

According to Russian legislation, most of the land fund is designated as agricultural land. They are designed for growing various crops, as well as storing and manufacturing agricultural products. The remoteness of such lands from populated areas makes them ideal for the construction of industrial buildings. But the problem is that the Land Code prohibits the construction of buildings of this type on lands classified as agricultural.

The only way out of this situation is to transfer agricultural land to industrial use. This procedure requires significant effort, and its duration takes more than six months.

The cost of services for changing the type of permitted use is from 60,000 rubles. The cost of services for changing the category of a site (if there is a project) is from 200,000 rubles.

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 permitted to transfer agricultural land to another category?

The main difficulty is that it is not always allowed to transfer agricultural land to another category. This is permissible in the following cases:

1. Conservation and creation of a specially protected area, as well as changing the type of permitted use of the site to recreational, environmental, etc.
2. Adjustment or establishment of the boundaries of a populated area.
3. Placement of industrial facilities whose cadastral value exceeds the market average.
4. Fulfillment of international obligations.
5. Mining.
6. Placement of municipal, domestic or social facilities, as well as for educational and healthcare purposes.
7. Construction of power lines, roads, railways and various pipelines.

In accordance with Art. 79 of the Land Code of the Russian Federation, it is impossible to transfer agricultural land to another category if the cadastral value of the future site exceeds the average for the region by more than 50%. The transfer of particularly valuable and productive lands is also prohibited.

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

The appeal process using an example from judicial practice

The owner of a dacha plot, citizen P., filed a statement of claim in court with a request to declare illegal the act of refusal to transfer the plot from agricultural land to the ZNM category. Citizen P. justified his claim by the fact that in connection with the expansion of the residential microdistrict planned for 2021 - 2019, the decision of the meeting of the district Duma of the Starodvorsky municipal district No. 321-r approved the master plan for the urban settlement of Veseloe, Starodvorsky district, according to which his dacha was included within the city limits n. Merry.

On July 1, 2021, citizen P. sent a petition to the administration of the Starodvorsky district to include his plot in the territory of the Veseloye settlement and transfer the dacha land from the ZSHN category to ZNP for individual housing construction (IZHS).

The administration of the Starodvorsky district made a decision to refuse to include the site within the boundaries of the Veseloye settlement due to the fact that construction of a residential complex has not yet begun, due to which the boundaries of the village are expanding.

Having considered the presented materials, the court came to the conclusion that the act of refusal issued in response to the petition of citizen P. was unfounded. In accordance with paragraph 1 of Article 7 of Federal Law 172, the expansion of the territory of an urban settlement, fixed by urban planning, is a legitimate reason for the transfer of dacha ZSHN to the declared category of ZNP

On the basis of this, the court made a decision to invalidate the act of the administration of the Starodvorsky district, and also recognized citizen P.’s right to include the land belonging to him in the town of Veseloye, Starodvorsky district, and the right to transfer the declared allotment from the ZSKHN category to the ZNP.

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.

Refusal to change the category of land

The applicant may be refused at the stage of submitting the application. Reasons for this may be that the person does not have the right to submit a petition, as well as incorrect or incomplete execution of the required attached documents. To re-apply, you must eliminate all the shortcomings indicated in the refusal documents.

An official refusal to transfer a plot of land to another category is made on the grounds listed in Art. 4 Federal Law 172:

• restriction (prohibition) on transfer to another category imposed by current legislation;
• the declared category contradicts the intended purpose of the allotment;
• The environmental state examination has identified the negative consequences of the upcoming transfer.

Another reason why a transfer cannot be made is if the cadastral value of the declared territory is too high (more than 50% relative to the average value for the region). In any of these cases, the applicant will be returned the full package of documents within 30 working days from the date of submission of the application, notifying him of the reason for the refusal.

The applicant can challenge the decision through the court and, if the court decides positively, send a new petition. The appeal procedure is as follows:

1. Obtain the act from the property and land department.
2. Draw up and submit a statement of claim to declare the drafted act illegal. Attach documents to the application:

• a photocopy of the issued act;
• a copy of the application and accompanying documents;
• documentation confirming the illegitimacy of the refusal or permission to transfer;
• receipt of payment of state duty;
• other documents related to the trial.

1. Having received notice of the place and date of the hearing, appear in court at the appointed time.
2. If the court satisfied the requirements of the statement of claim, obtain a copy of the court decision from the office.
3. Submit a second petition, attaching the court decision to the package of documents.

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

Why convert agricultural land to industrial land?

In order to use agricultural plots for their intended purpose, serious financial investments are required. Such lands, as a rule, are located outside populated areas and are not equipped with communications.

Meanwhile, servicing industrial facilities requires transportation and other resources. All this is difficult to implement on agricultural land, so translation is required.

The advantage of such sites is that, due to the distance from the populated area, it is possible to expand the territory of the industrial complex, if necessary. When the area for production is located within a city or town, any expansion is difficult. Most often, you have to rent a plot of land in another place, which is not profitable, since transportation costs and other costs increase.

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

Is it possible and how to translate?

The particular fertility of agricultural land is the basis for strict control over their turnover by the state authorities.

For example, the construction of any buildings on such plots of land is prohibited at the legislative level .

However, if, due to a certain number of circumstances, the construction of buildings on such sites is still necessary, then the norms of the current legislation provide for the possibility of transferring agricultural land to the industrial category.

The condition for the transfer is the following circumstances:

1. The cadastral assessment of the site recognized its value as the statistical average for a certain area.
2. The construction of industrial facilities on the territory of a certain agricultural area is a proven necessity, dictated by production goals.

The conditions from the second paragraph may include, for example, the need for strategic development of the region, which includes agricultural land subject to transfer to the category of industry, increasing production capacity, etc. In addition, the reason for changing the corresponding category of land plots may be the need construction of communication stations or irrigation systems.

Attention! The transfer of land to the category of industry is unlikely or even impossible when these lands are of particular value to the state due to their increased fertility, the location of nature reserves or nature reserves on their territory, etc.

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.

Categories of land in Russia

The Land Code (hereinafter referred to as the Land Code of the Russian Federation) divides land into the following categories:

1. Industrial. Plots in this category are allocated for the construction of transport routes and buildings, buildings for the defense and security of the country, for energy, communications and scientific programs buildings and other special purposes.
2. Lands of populated areas (hereinafter referred to as ZNP). Plots allocated for the development of residential properties. The main feature of such lands is that they cannot be located on land territories for other purposes or in private ownership.
3. Agricultural purposes (hereinafter referred to as Agricultural Purposes). Land resource necessary for the production of agricultural products: pastures, arable lands, plots for gardening and horticulture, forest shelterbelts, reservoirs for growing fish and lands of similar properties.
4. Water fund.
5. Specially protected. These include territories that are withdrawn (partially withdrawn) from general circulation and are of valuable importance.
6. Forest fund (read: how to get forest for free from the state).
7. Reserve lands. State plots that have not been transferred for use to citizens or organizations and have not been sold into ownership.

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

How to convert agricultural land into industrial land

Changing the category of land is a lengthy procedure. If the reason for transferring the land to industrial is valid, then it is necessary to draw up an application, prepare documents and transfer the package to the municipality or other body within whose competence the land is located.

A reclamation project must be attached to the package of documents. This is a set of measures that is necessary to restore the environment as a result of conducting the planned type of activity. In addition, state environmental assessment is applied.

After reviewing the reclamation project and other documents, a decision on transfer will be made. If it is positive, then a resolution is drawn up, in accordance with which the land category is transferred. To do this, you should contact Rosreestr or MFC.

As a result, the applicant is left with a transfer act, an extract from the Unified State Register of Real Estate and a land lease agreement. The last document is issued when the land is transferred for use on a lease basis.

Required documents

The initiator of changing the category of an agricultural plot will need the following documents:

• Russian Federation passport;
• Certificate from the Unified State Register of Legal Entities – for legal entities;
• Certificate from the real estate register about the owner of the land plot;
• Cadastral passport;
• Conclusion of the environmental commission;
• Owner's consent to change the category of land.

The latter document is prepared if the initiator is a tenant of a private land plot or the holder of an easement.

A certificate from the Unified State Register can be ordered from the MFC or Rosreestr by presenting your passport and paying a fee (300 rubles).

To obtain the consent of the environmental commission to change the category of a land plot, you need to contact the regional office of Rosprirodnadzor and order an examination. Its cost is set by local legislation, and the period for issuing an opinion can be 1-4 months.