Transfer of a land plot from private subsidiary plots to individual housing construction - instructions for owners

Home / Real estate / Land / Categories of land plots / Individual housing construction / How to transfer land to individual housing construction?

Back

Published: 11/16/2017

Reading time: 8 min

0

490

According to the current legislation of the Russian Federation, one of the main requirements for the exploitation of land plots owned by citizens is compliance of the activities carried out on the site with the type of permitted use (hereinafter referred to as ARU) of the land. Inappropriate use of a land plot is considered to be an activity of the owner (or user) that is not provided for by law or directly violates it.

• Exploitation of land plots
• Individual housing construction
• Personal subsidiary plot
• Possibility of changing VRI
• The feasibility of transferring land from individual housing construction to private plots
• Procedure for transferring a plot of individual housing construction to private household plots Step 1. Preparation of a package of documents
• Step 2. Submitting an application to change the VRI
• Step 3. Wait for the changes to take effect

Non-compliance of activities with operational standards and regulations threatens the owner with various complications - from penalties from authorized bodies to seizure of land. To avoid such situations, the legislation provides for the possibility of changing the VRI of a land plot.

Exploitation of land plots

In accordance with the legislation of the Russian Federation, all lands within the state are classified into categories.
The possibilities of using certain land plots depend on the assigned category. Citizens of the Russian Federation can own plots classified as lands of settlements and agricultural lands. In the first case, it is primarily intended to use the site for housing, in the second - exclusively for agricultural activities.

All characteristics of the land plot are indicated in its cadastral passport. This information can also be obtained using the Public Cadastral Map.

To obtain the required information, you need to enter the cadastral number indicated in the title documents for the land.

Price

This procedure cannot be called cheap. Most of the funds contributed by the owner account for the payment of compensation to the state for the loss of agricultural land.

The cost consists of the following fees:

• state duty for the withdrawal of agricultural land from circulation (30% of the cadastral value of the plot);
• obtaining an extract from the Unified State Register of Real Estate;
• preparation of documents and development of a project for the construction of a residential building;
• environmental assessment.

Individual housing construction

Individual housing construction (hereinafter referred to as IHC) is the construction of housing designed to accommodate members of one family.
The construction process is financed by the land owners.

The definition of “under individual housing construction” is also a VRI for many plots located within settlements and which are the property of citizens.

The main criterion for the intended use of such plots (in the absence of a residential property built and put into operation) is the ongoing construction of a future residential building.

A plot of individual housing construction is considered to be used for other purposes than for its intended purpose if the owner of the plot has not started construction within three years of owning the land.

According to the law, the start of construction work is determined by the presence of the foundation of the future building laid on the site. Revealing the fact of misuse of an individual housing construction site threatens the owner with a fine. In addition, it is prohibited to run subsidiary plots on individual housing construction sites, as well as similar activities.

Grounds for refusal

An application for transfer will not be considered if it was submitted by a person who is not the owner. It will also be returned if incorrect documents are attached to it.

There are 3 grounds for refusing a transfer:

1. The land is not subject to transfer due to the actual impossibility of performing this procedure (valuable agricultural land, the site is not located within the boundaries of settlements, etc.).
2. During the examination, a negative conclusion was given.
3. The intended use of land in the form of individual housing construction is impossible for technical reasons.

The act of refusal is issued within 2 months from the date of acceptance of the application. It may be challenged in court.

Personal subsidiary plot

Running a personal subsidiary plot (hereinafter referred to as private subsidiary plots), as one of the most common types of activities among citizens, is possible subject to the availability of the appropriate VRI (“for running private subsidiary plots”).

The farm can be developed both within the settlement (in this case, the plot is considered a “homestead”), and on an agricultural territory, outside the settlement (in this case, the plot is considered a “field”).

The possibilities of its exploitation depend on the category of land on which the site is located.

On personal plots it is allowed to build permanent structures for one family to live in, as well as to run private household plots.

The operation of the field site excludes any activity other than agricultural.

Other questions

It is necessary to take into account that it is important not only to re-register a land plot, but also to the requirements that are associated with the business that is supposed to be started here.
So, for example, if we are talking about the hotel business, then the construction of a hotel building must meet the relevant legal requirements . In particular, water supply, sewerage, electricity, access roads and other things must be provided. It may turn out that this will require additional approvals and you will need to obtain some more permits to conduct commercial activities.

Possibility of changing VRI

The possibility of changing the VRI of a site is provided for by law. According to clauses 3-4 of Chapter 37 of the Town Planning Code of the Russian Federation, a change in the VRI of a site that is the property of an individual can be initiated at the request of the land owner without any permits or approvals.

At the same time, changes to the VRI must be provided for by the town planning regulations of the administrative-territorial unit within the boundaries of which the site is located.

Accordingly, the final decision on changing (or the impossibility of changing) the VRI of land is made by the local government authority in accordance with the legislation of the Russian Federation, the subject of the Federation or the municipality within which the site is located.

Normative base

The main regulatory act is considered to be Federal Law No. 172, adopted in 2004. The status of private plots is determined by Federal Law No. 112 dated July 7, 2003.

The procedure for making an entry in the Unified State Register of Real Estate about changing the category and intended use of a land plot is outlined in Federal Law No. 218 of July 13, 2015 “On State Registration of Real Estate.”

The feasibility of transferring land from individual housing construction to private plots

Changing the type of use from individual housing construction to private plots may be necessary if, in addition to the direct operation (or construction) of housing on the site, it is also planned to conduct (or is already conducting) subsidiary farming.
The targeted exploitation of individual housing construction lands does not provide for such activities.

Revealing the fact of the presence of an existing subsidiary plot on an individual housing construction site will be classified as inappropriate use of land and will entail the punishment provided by law.

In such situations, changing the VRI helps to “legalize” the activities of citizens. In addition, the annually levied land tax for plots of private household plots is three times less compared to plots of individual housing construction, which can be an additional incentive to change the VRI of a plot.

Changing the type of use from individual housing construction to private plots can only be initiated by the land owner.

In addition, ownership must be registered for all real estate located on this site.

Advantages

Even at the initial stage of re-registration of land from private household plots to individual housing, the territory already has its own personal address, at which you can later register your family. Among other things, for the future building, at the expense of the state, you can get an asphalt road to the house and all the necessary communications.

All participants in the ILI can subsequently receive benefits from the state for paying taxes. Objects that are built by owners on lands with ILI status are necessarily included in urban planning plans. Accordingly, schools, shops, hospitals and other infrastructure facilities may soon appear nearby.

The procedure for transferring a plot of individual housing construction to private household plots

The process of changing the VRI from individual housing construction to private household plots is initiated by the land owner when submitting the appropriate application and necessary documents to the authorized unit of the local administration.

In the absence of contradictions with urban planning regulations and rules for the use of land resources in force within the boundaries of the territorial entity, the VRI of the site may be changed.

Changes in the VRI are carried out in accordance with the rules of development and land use of the municipality within which the land plot is located.

Step 1. Preparing a package of documents

The composition of the package of documents varies and depends on local legislation.

However, in all circumstances, copies of the following documents will be required:

• Applicant's passport;
• Cadastral passport of the land plot;
• Title documents for the land and real estate located on it (subject to the presence of registered buildings and structures on the site);
• Extract from the Unified State Register;
• Situational plan of the land plot.

You should clarify the full list of documents in advance and prepare them in accordance with the existing requirements of local legislation.

Step 2. Submitting an application to change the VRI

Applications for the transfer of an individual housing construction plot to private household plots are written to the head of the municipality in any form. In this case, be sure to indicate the following information:

• Passport details of the owner of the site;
• The category of land and VRI assigned to the site (in this case, individual housing construction);
• Cadastral number of the plot;
• Request to change the type of use (in this case, changing individual housing construction to private household plots);
• Reason for request to change VRI;
• Details of title documents for land and real estate located on it (if there are such objects).

The application and documents are submitted to the municipal administration. Admission may be refused if the submitted documents or application do not comply with the requirements of local legislation.

Step 3. Wait for the changes to take effect

In most regions, the procedure in question is free, but in certain cases a fee may be charged as required by local legislation (for example, within Moscow and the Moscow region). However, the amount of payment also depends on the calculation methods established by local laws.

In addition, additional costs may be required if the land plot is not demarcated - the cost of surveying is also determined on an individual basis.

Consideration of a submitted application to change the VRI may take up to two months. The applicant is notified of the decision within two weeks from the date of adoption. The decision to change (or refuse to change) the VRI is issued to the applicant at the local administration or sent by mail. The refusal can be appealed both out of court and in court.

If the outcome is positive, the change in the VRI finally comes into force after the characteristics of the site are changed in the State Property Register (State Real Estate Cadastre) - within two months from the date of the decision on the change. Upon making the required changes, the applicant is sent a notification from the Unified State Register of Real Estate (USRN) by regular mail or email within five days.

In the absence of notification of changes to the Cadastre after the specified period, the applicant has the right to directly contact the Unified State Register of Real Estate. In this case, EGRN employees are required to make the required changes within five working days from the date of the applicant’s application.

Thus, the total duration of the process of changing the VRI can be up to six months, and in some cases exceed this period.

The residential premises of the flexible fund are intended for low-income citizens. Don't have the opportunity to sell your apartment yourself? Then you should issue a power of attorney! How to do it correctly, read here.

Single mothers can get a mortgage under special conditions. Read more about this here.

How long should I wait for an answer?

The legislation of the Russian Federation establishes a maximum period during which consideration of an application for transfer of a land plot from one category to another must be completed. The duration of such a period is set at 60 calendar days after the date of filing the application.

During this period, the authorized local government body is obliged to either accept an act confirming the transfer of land, or refuse to satisfy the application. In case of refusal, the reasons must be stated in writing in the appropriate document and this document must be issued to the applicant.