On the procedure for transferring agricultural lands to lands of settlements

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.

Why convert agricultural land to industrial land?

The definition of industrial land is specified in the Land Code of the Russian Federation. According to current legislation, these are lands that are intended for the construction of industrial buildings and structures aimed at the production of industrial products and goods. Also included in the category of industrial land are areas where it is planned to extract minerals. As in other cases, the use of industrial land is regulated by the Land Code.

Industrial lands appear in two ways - either on the basis of old sites on which industrial facilities had previously operated. The difficulty of their development is that old unnecessary buildings and communications remain on them, which interfere with the creation of modern industrial infrastructure.

The second type of land is former agricultural land, located at a distance from populated areas and without any communications on its territory. As a rule, they require large financial investments, because... the entire industrial infrastructure here is created from scratch. But potential access to raw materials (if there are deposits), distance from populated areas and the possibility of expanding production capacity make agricultural land extremely attractive for conversion to the industrial category.

Change of land category

Changing the category of a land plot implies the adoption of a corresponding resolution by the authorities with a subsequent change in the type of permitted use of such a plot. The procedure for changing land categories is regulated by:

• Art. 8 of the Land Code;
• Law No. 172 “On the transfer of land... from one category to another.”

In Art. 8 of the Land Code states that a change in the category of agricultural land can be carried out by decision of the Government of the Russian Federation or regional executive power.

The government makes decisions on state agricultural lands demarcated in favor of federal property, and the authorities of the constituent entities of the Russian Federation - on areas belonging to regional and municipal lands.

The procedure for transferring agricultural land to the industrial category

According to current legislation, agricultural land can be converted into industrial land in two cases: 1) if the cadastral value of the land plot does not exceed the average value for the region; 2) if there are no other options for locating industrial facilities. Also, communication lines can be built on agricultural lands if there is a specific plan for the reclamation of these agricultural lands. If the land meets all the requirements, then you must contact the local administration with the following package of documents:

• Application addressed to the head of the local municipality;
• Passport or other identity document;
• Certificate from the Unified State Register of Individual Entrepreneurs (in case the applicant is an individual entrepreneur);
• Certificate from the Unified State Register of Legal Entities (if the applicant is an organization);
• Copies of documents confirming land ownership rights;
• Location diagram of the allotment (indicating the address). Based on this diagram, administration representatives can determine the location of neighboring plots;
• Copies of certificates from the cadastral chamber (document forms KV-1, KV-2, KV-3);
• Copies of documents confirming the rights to ownership of structures located on the territory of the land plot (if, of course, they exist there).
• Territorial planning diagram within which the land plot is located.

If the applicant leases a plot of land, then the approved permission of the lessor on a particular issue is required.

Documents can be submitted in person, by mail or through an authorized representative. If the application is submitted by a proxy, then a power of attorney should be attached to the documents, confirming the role of the representative and indicating his powers. You must also attach a copy of the applicant's passport.

If the administration makes a positive decision, then the next step in the procedure is to undergo examinations, obtain permits from various authorities, protect the project at the level of the federal subject and correct the data in the state cadastre. To do this, you must provide a fresh package of documents:

• Application for amendments to cadastral registration (it can be found on the Rosreestr website and sent to the authorized bodies via an electronic communication form);
• Site demarcation plan;
• Cadastral passport of the land plot;
• A certificate confirming the applicant’s rights to the site;
• Written permission from the municipality to change the VRI;
• Passport proving the identity of the applicant.
• Results of examinations and permits from the Ministry of Agriculture, ecologists, archaeologists, balance holders of adjacent roads and linear objects.
• Project of a future industrial facility and its justification.

After protecting the project at the level of the federal subject, you can make appropriate changes to the registry.

The specialists of our land legal center have accumulated significant experience in changing the category of agricultural land to industrial land. We are ready to carry out the entire procedure from the approval stage to the defense of the project in the shortest possible time. Additionally, we provide services for appealing refusals to change the categories of land plots and re-going through the entire procedure for changing the category for customers who have already tried to change the category of their plot on their own.

Transfer procedure

The main regulatory document that must be followed when changing the category of land to an industrial type of land use is Federal Law N 172-FZ. According to it, the transfer procedure is carried out at the request of the owner. The document is sent to the state authority or local administration that manages the land fund. A refusal may be issued if:

• the application was completed incorrectly.
• An incomplete package of documents was provided.
• Agricultural land cannot be transferred to the industrial category on legal grounds.

An application that is not subject to consideration for the above reasons must be returned to the applicant within 30 days from the date it was sent. If desired, the refusal can be challenged in court.

If the application is approved, then an act is drawn up within 2 months from the date of receipt (the period is fixed in paragraph 4 of Article 3 of Law No. 172-FZ). It specifies the technical characteristics of the agricultural plot and the approved basis for changing the category of the plot.

What agricultural land cannot be converted into industrial land?

Not all agricultural plots can be transferred to the category of industrial land. There are restrictions established by law and the situation in general. There are two types of sites in respect of which a final ban on changing the category is imposed:

1. Agricultural land where particularly valuable crops are grown, or areas that are particularly productive for agriculture;
2. Plots with a cadastral value half as high as the average cadastral price for the area where the land is located.

The reason for refusal may be the inability to pass one of the many approvals: Ministry of Agriculture, Rospotrebnadzor, Rosaviation, Rosnedra, Rosleskhoz, etc.

It will not be possible to transfer land partially or completely located in a water protection or environmental protection zone, a protection zone of cultural and archaeological heritage sites.

Geobureau specialists offer you their services for a preliminary assessment of the possibility of transferring a land plot to industrial use, passing all necessary approvals or completely carrying out work to change the category of a land plot.

Before submitting an application to transfer the plot to industrial land, you should check the cadastral value and find out the value of the plot for agricultural activities. It is also worth ordering an environmental assessment. It will not be possible to change the category if the experts have issued a negative conclusion.

The presence of a ban on the transfer of agricultural land to industrial land is another reason for the refusal to carry out such a procedure. Unless otherwise provided by law or the situation, transfer of the remaining plots to the industrial category is possible, but with some reservations. If the ownership of land is disputed in court, such an allotment cannot be transferred to another category.

Depending on the situation, there may be other grounds for prohibiting a change in the purpose of the territory. For example, such a reason may be the loss of land value, deterioration of its quality characteristics, pollution after conversion to industrial land. To find out which agricultural plot can be converted into industrial land and which cannot, please consult the lawyers of our company. They will check the area, find out the reasons for the ban and help eliminate them, if possible.

Changing the purpose of the site. Service cost

Registration on your own will cost several times less than through a commercial company. But this option is only suitable for those who have free time and are ready to understand the legal nuances.

If the applicant takes care of everything himself, he will need to pay for:

1. Registration of changes in the cadastre - 1500 rubles;
2. Certificate from Rosreestr - about 500 rubles;
3. Copying and notarization of certificates - depends on the region and the notary;
4. Surveyor services will cost from 10,000 to 50,000 rubles;
5. Compensation for profits lost by the state for ungrown agricultural products - up to 30 percent of the cadastral valuation.

For geodetic surveying, it is better to contact a company with a good reputation; there are many fly-by-night companies on the market that can measure boundaries incorrectly. This is fraught with future lawsuits with neighbors.

How to challenge a refusal to transfer agricultural land to industrial land?

Before filing a claim or statement of claim, it is important to understand whether the refusal to transfer an agricultural land plot to industrial land was justified. To do this you need:

• check the completeness of the documents submitted to the authorities;
• study the legislation for grounds for refusal;
• find out whether it is possible to transfer a specific agricultural plot to another category;
• check that there are no prohibitions on this procedure;
• order an environmental assessment if the grounds for refusal refer to deterioration in the quality of the land.

All this will help to challenge an unlawful decision. It is also necessary to know the stages of the procedure and its sequence. This way you can identify violations and refer to them in case of refusal.

The complaint should be addressed to the authority that issued a negative response to the application. In this document, it is important to indicate the detected violations or inconsistencies with the provisions of the law. When a complaint is filed, a deadline is set for responding to it. In order for this period to be tracked, the claim must be sent by registered mail with return receipt requested, or it must be registered during a personal visit.

When the claim procedure does not work, legal proceedings begin. The content of the claim depends on the grounds presented in the refusal. But its structure will be approximately the same in all situations:

• references to legal norms;
• names of the parties to the proceedings;
• information about the site;
• analysis of the reasons given;
• claim.

If registration of changes in Rosreestr is refused, it is necessary to demand that the refusal be canceled and the information be entered into the Unified State Register of Real Estate. If a negative answer was given at the stage of consideration of papers in the municipality, you must ask for such a decision to be declared illegal.

In your claim, be sure to refer to the results of the pre-trial procedure. The response of the authorized body to the claim, or the document itself with the date of delivery to the defendant, should be attached to the application. Other documentation includes the initial refusal, papers for the site, confirmation of rights to it, the results of the examination, if any other approvals were carried out. If everything is done correctly, the decision will be made in your favor. If there is the slightest mistake, the claim will be denied, and you will have to appeal this decision to other authorities.

What documents are needed?

As with any registration procedure, the owner must provide certificates and certificates to the authorities. If the site belongs to a populated area, the application is made to the local administration. If not, it is within the competence of the Federal authorities.

To consider your application, it is important to provide:

1. a photocopy of an individual’s passport - the first page, with the name of the department that issued the identity card and registration;
2. legal entities provide an extract from the Unified State Register and a copy of the Charter;
3. foreign citizens must prepare a translation of identification papers that have been certified by a notary;
4. petition - a request for transfer to another category;
5. a paper confirming the owner’s consent to carry out the procedure;
6. cadastral passport;
7. a conclusion from ecologists that no damage will be caused to the ecosystem is required if its presence is provided for by the Federal Law.
8. calculation of losses for the agricultural or logging industry;
9. extract from the Unified State Register.

The feasibility of transferring the site to individual housing construction

The possibility of placing housing on agricultural land depends primarily on the VRI of a particular land plot, since in the vast majority of cases the permitted use of these lands is limited to agricultural activities. According to the current VRI Classifier, the construction of residential real estate on SkhN lands is possible only if the use is permitted - “dacha farming” or “gardening”.

Despite the conditional possibility of living on SkhN lands, transferring land to individual housing construction has
a number of undeniable advantages , which can become powerful arguments in favor of changing the category of land.
Among the advantages of individual housing construction over agricultural land available for living are the following:

• Legal construction and operation of individual housing construction projects;
• Guaranteed possibility of permanent registration at the place of residence and obtaining a postal address;
• Priority of connecting individual housing construction facilities to engineering and technical support networks;
• Priority of individual housing construction sites in terms of laying and clearing access roads;
• Individual housing construction status significantly increases the value of real estate located on the site.