How to obtain land for private household plots: provision of plots for private farming for free YurExpert Online

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Private capital construction is clearly regulated by Russian legislation. Laws determine the procedure for obtaining permits, construction standards and registration of buildings of various types. The question of whether it is possible to build a house on private household plot land in 2022 is asked quite often and deserves special consideration.

The legislative framework

Land plots provided to citizens of the Russian Federation for organizing personal subsidiary plots are regulated by Art. 3 and 4 Federal Law No. 112 dated July 7, 2003.

The law provides a unique opportunity for persons from rural regions to register territories for their personal use for the organization of private household plots, even if they are in the possession of the state or municipalities. Subject to appropriate registration.

Citizens with city registration can also exercise the right to allocate territories if the administration has free land plots at its disposal.

Clause 4 of Art. 4 of the Federal Law provides for the conditions for the use by the population of personal plots , which are located on the territory of settlements, as well as outside its boundaries:

The plot, with the location of the land in a populated area of the agricultural zone, can be used for residential and commercial construction, growing crops and livestock.
Plots located in field zones outside the border of a populated area are used only for the cultivation of agricultural products by citizens of the Russian Federation.

Paragraph 5 of Article 4 defines the maximum size of the land plots provided and limits their size to 0.5 hectares for simultaneous use. But at the legislative level, the total area of land plots can be increased no more than fivefold .

Article 39.5 of the Land Code of the Russian Federation provides for the allocation of land areas for the organization of household farming to persons possessing professions that are in demand in villages.

The provision of plots for running personal subsidiary plots is carried out in accordance with the legislation of the Russian Federation, which establishes the category of persons enjoying such rights. The list of such persons is determined by the Law of the Russian Federation No. 4301-1 of January 15, 1993, Federal Law No. 5 of January 9, 1997, and Federal Law No. 138 of June 14, 2011.

Advantages and disadvantages of private household plots

Advantages:

maintaining private household plots is not a business activity, that is, registration of an individual entrepreneur is not required;
there is no need to pay income tax (NDFL) if the following conditions are met: the size of the plot is not larger than that established by law;
Only family members work in private household plots; hired labor is not used.

Flaws:

The combination of a high rate of land tax on private plots within the boundaries of a populated area and a ban on the construction of residential buildings on private plots outside such boundaries. That is, everyone faces a choice: either it is prohibited to build, or high taxes.

Who has the right to receive a plot of land for free?

The right to receive land for running private household plots on a free basis can be used by persons whose categories are defined by higher laws.

This right has:

WWII heroes;
heroes of the Russian Federation;
full holders of all three Orders of Glory;
heroes of social labor;
full holders of all three Orders of Labor Glory;
families raising at least three minor children.

The provision of plots for personal subsidiary plots to other residents of the Russian Federation is regulated by legislative acts on the basis of general norms, requirements and conditions specified by laws.

Any adult, capable citizen of Russia registered and residing in the territory where the land plot is supposed to be allocated can exercise the right to allocate land in their region.

Representatives of professions in demand in the village can take advantage of the state program and receive land for personal farming based on the conclusion of an agreement with the subsequent transition of the territory into private ownership.

A plot of land provided for personal farming and in the use of the tenant for five years gives the citizen the right to receive it as his private property free of charge.

Would you like to receive land from the state for other purposes? Are you interested in building a house, cottage, or farming?

Then this article on the procedure for granting land will help you!

Refusal of registration

Is it possible to register on agricultural land? It’s good if the hacienda is fully equipped for living , has all the communication infrastructure and official confirmation of readiness for use. And most importantly, it is located on the right land.

But often the desire to save money leads to the purchase of a house in which it is not only impossible to live, but also impossible to register .

Such precedents usually arise where real estate was originally built on agricultural land, on summer cottages.

But there is still an opportunity to obtain registration in the village - you just need to prepare for a long “siege” of various authorities, including the courts , and the inevitable financial expenses for conducting examinations .

Conditions for issuing plots for running personal subsidiary plots

First you need to understand the conditions that must be met to receive land .

The provision of land plots for personal subsidiary plots is regulated by legislative acts of local administrations.

This is done by the method of allocating territories into ownership without drawing up a lease agreement or after the expiration of the free lease of land, where the main condition is the fact that the land was used by the tenant for its intended purpose.

Families can take advantage of receiving land plots under certain conditions, which include:

legally registered marriage of spouses;
lack of own housing;
lack of land plots;
registration and residence in the region provided;
the need to improve living conditions;
presence of a permanent place of work or registration of spouses with an employment center.

Attention! Requirements for the conditions for the provision of a land plot for private plots may be different; they depend on the geographical location of the region, its capabilities and local administrations, which are guided in their decisions by regional development programs.

You will learn the conditions for obtaining a land plot for running private household plots from the video:

Result

What documents are ultimately issued?
a special stamp placed in the applicant’s passport indicating the registration address.

If it was issued for a minor child, then a separate registration certificate indicating the address will be issued in his name.

If the applicant requires additional confirmation or certificates, they should immediately write a separate application about this.

Requirements for the allocated territory

Lands that, according to legislative norms, are provided to citizens of the Russian Federation for organizing their farms, must belong to lands of agricultural significance.

The maximum size of plots allocated to the population is fifty acres , but these areas of land plots, under certain conditions, can be increased at the legislative level to 2.5 hectares.

The characteristics of the regions allow local administrations to regulate the market for land provided to citizens, which completely depends on the terrain, the density of population of these areas, as well as the availability of free plots suitable for cultivation and living.

Have you ever wanted to live near a warm sea? Do you dream of a piece of land in Crimea, but don’t have the money to buy a plot? There is an exit!

Find out about the possibility of obtaining plots for private household plots on the peninsula!

About the opportunity

Is it possible to register in a village or village? You can register in rural areas .
There are no difficulties or features associated with the peculiarities of the way of life.

Just because it is a village or hamlet does not make registration more difficult or even impossible.

Find out on our website how to register at a dacha or in an SNT (garden non-profit partnership).

The procedure for providing plots

The provision of plots for organizing subsidiary farming requires citizens to contact the legislative authorities, where the procedure for reviewing applications, checking and preparing documents will take a lot of time for recipients of land plots.

Step-by-step instructions will help you decide on the procedure for obtaining:

Part of the time in starting any land transaction is spent on preparing documents, which must be provided in advance, taking into account all the above information.
Copies of the passport, various certificates and confirmations must always be in several copies and provided along with the originals.
For different categories of persons there is a special list of documents provided for obtaining a land plot. The main ones include:
- passport;
children's birth certificates;
certificate of family composition;
a certificate received from the building management regarding the meters of living space;
extract from the house register;
a certificate from Rosreestr confirming the absence of land plots;
documents providing various benefits.
When the documents are prepared, they can be attached to an application signed by the citizen, which is drawn up in the name of the head of the administration in the region where the land is expected to be allocated.
The application is drawn up in the form of a request for the allocation of territory indicating its intended purpose.
The application is signed and left at the reception until it is reviewed.
After a 30-day waiting period for a decision, the citizen is informed about the positive or negative outcome of his case. In any case, the interested person receives a written decision to provide the site or a written reasoned refusal.
The next stage involves establishing the boundaries of the land plot (land surveying), which is carried out by local authorities on a certain day established by the administration, after which a resolution is issued on its implementation.
A new step is to contact the cadastral department, which provides for the registration of the land plot, the issuance of a passport for the land, as well as diagrams and drawings of the site.
The duration of such a procedure is limited to a one-month waiting period and 6-7 thousand rubles, which will need to be paid for the production of documents.
The documents received from the cadastral authorities return the procedure to the local executive authority, where a document is issued for a freely provided land plot or an agreement stipulated by law is concluded with conditions depending on the category of citizens who applied.
The agreement contains main sections, which include various subclauses. The main articles of the concluded agreement for the provision of land plots for private household plots are:
- date and place of signing;
name of the rental object;
property;
insurance;
period of validity of the contract;
rights and obligations of the parties;
purpose of the allotment;
Terms of Use;
significant restrictions on land use;
conditions and terms of transfer of land for use;
liability of the parties;
force majeure;
final provisions;
address details of the parties with signatures.
Documents received within the executive branch are registered by Rosreestr.

We do not recommend completing the documents yourself.
Save time - contact our lawyers by phone: 8 (800) 350-29-87 Moscow

Attention! The resolution provided by the administration must contain information about the exact location of the allotment, as well as the parameters of the allocated land area.

Now let's talk about in what cases the allocation of territory may be refused.

What documents are required?

Most likely, registration in a village means being assigned to a private house. To implement this procedure, you need to prepare the following documents :

application for registration;
passport of the interested person;
the house register, or rather, an extract from it;
consent of the home owner;
power of attorney, if the applicant does not independently carry out the registration;
departure certificate, if the applicant has already left his previous place of residence;
documents on the ownership of the house;
technical documents for the house.

From the point of view of legal requirements, it is not necessary

to leave your previous place However, if this happens, you need to register again no later than within 7 days .

Where to submit documents? It all depends on the size of the village or village and the availability of various services.

If the village administration has a passport office , then you can go there.

If all issues are resolved through the nearest urban settlement or regional center, then there is probably an MFC or a department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation , to which you can contact with documents.

Advanced village residents can submit an application through the State Services portal on the Internet, if they have a login and password for their personal account.