Transfer of land to individual housing construction - features of the process, advantages, documents for the application, consideration, grounds for refusal

Pravozhil.com > Rent > Land plot > What does the owner of a plot of land need to know about transferring land to the category of individual housing construction?

The land in circulation is divided into types depending on the permitted use. But is it possible to transfer land to individual housing construction?

Yes, the purpose of a site is a changeable category: in some situations, the law allows you to change the purpose of a site. The most common cases concerning the transfer of land to individual housing construction are discussed in the article, as well as how the whole process is carried out.

Transfer of land to individual housing construction - legislative framework

Legislation on lands for individual housing construction

The procedure for circulation of land and legal relations between land users are regulated by the Land Code of the Russian Federation.

The algorithm for changing land categories is established:

Federal Law No. 172 of 2004 “On the transfer of lands and land plots from one category to another”;
Town Planning Code;
legislation in the field of registration of rights to real estate.

Also, the initiator of the procedure needs to take into account local legal acts in force in the region where the plot is located.

What is the price?

The cost of transferring land from SNT to individual housing construction varies differently in different cities. It all depends on the specific region and area of the site.

You can seek help from a lawyer. The timing will also be from 2 months. And the cost will increase from 15,000 to 45,000 rubles for the provision of services.

But there is a significant advantage - you don’t have to waste time collecting documents and queuing. The lawyer will do everything, and if you refuse, he will be able to take action.

issued free of charge to certain categories of persons.

What is individual housing construction?

Let us first clarify the legal features of land with the intended purpose of individual housing construction (IHC).

It is the status of the plot that determines the categories of its permitted use. To be precise, there is no category of individual housing construction land as such: the term implies the possibility of individual housing construction on the site. And this is already a permitted use.

One plot can combine several permits: individual housing construction, private farming, gardening and horticulture.
For private construction, the plot must belong to the category of land in settlements (Article 8 of the Land Code of the Russian Federation).
When the owner of an agricultural plot plans to build a full-fledged residential building, he needs to transfer his plot to the category of land that belongs to populated areas.

Among ordinary people, the concept of “transfer of land to individual housing construction” is used. We will also continue to operate with familiar terminology.

Feasibility

Plots with VRI “Individual Housing Construction” have a higher cost, so those who want to start housing construction often want to use an alternative option when searching for a construction site.

Garden lands are often located in close proximity to populated areas , so they are the ones that come to the attention of potential developers.

According to current legislation, the only type of buildings allowed on “garden” lands are temporary sheds for storing equipment. This provision of the law applies both to plots located on agricultural land and to plots within populated areas. Read more about what can be built on lands for gardening in a separate article.

Law 217-FZ, which comes into force in 2021, regulating the use of land with the purpose of “Vegetable gardening”, will not only not weaken the norms of the current Federal Law-66, but will also strengthen them by introducing a complete ban on the construction of housing on such sites.

In this situation, the only legal way out of the situation is to change the VRI of the site to one that allows the construction of individual housing construction.

Another frequently encountered situation when it is necessary to resort to transferring land from gardening to individual housing construction is the need to legitimize residential buildings erected on garden lands.

Advantages of land with permission for individual housing construction

What is the advantage of a land plot with permission for individual housing construction?

In a private house built on the site, you can easily register permanent residence. With the assignment of a postal address, the ability to receive correspondence, apply for benefits, place children in schools and kindergartens in the neighborhood and other social benefits.
Such areas are included in municipal improvement programs, so all infrastructure will be provided by the authorities. Gas pipelines, roads, centralized drainage, garbage collection: all this is the responsibility of the executive power of a city or settlement.

Possible difficulties

The most important problem that can arise and cause difficulties in using SNT plots is the impossibility of year-round living and construction on such a plot .
If the administration plans to use these lands for agricultural work, then the transfer turns out to be impossible at all. We just have to wait until the status of the entire land mass changes.

For land category individual housing construction, the difficulty arises in the requirements for the construction of a residential facility and its compliance with accepted standards. You will need to approve the development plan from the administration, obtain a building permit and a lot of other paperwork.

If there are no communications to the site in SNT, which the owner plans to transfer to individual housing construction, a refusal will be received. The installation of electricity, water supply and sewerage will be carried out at the personal expense of the initiator of the transfer of the land plot. This requires huge costs.

The solution may be to search for neighbors who are planning the same transfer of land and will be able to take part in carrying out communications and paying for the relevant work.

Attention! Even in such a situation, difficulties will arise in the future due to the lack of roads and infrastructure: schools, kindergartens, clinics and other things.

Is it possible to change the category of land?

The boom in private housing construction gives rise to a logical question: is it possible to somehow “squeeze” into the land of the nearest settlement in order to enjoy social benefits and live comfortably in nature?

It is possible, but let us clarify that according to the norms of Art. 7 of the Land Code of the Russian Federation, land in circulation has only 7 categories, while there are many more options for permitted use.

Expert lawyer's opinion:

Expert opinion

Gumenyuk Ekaterina Vladimirovna

Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.

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All settlements have adopted urban planning plans with a breakdown of the territory into categories of land plots. The boundaries of populated areas and the boundaries of agricultural land are displayed on zoning maps. Since 2014, changes have been made to land legislation obliging municipalities to adopt land use and development rules on their territory.

The transfer of the category of agricultural land is possible only with amendments to the existing urban planning documentation.

Types of land plots

In order to effectively use the territories, the entire land fund has been divided into categories. Article 7 of the Land Code of the Russian Federation lists the lands:

populated areas (settlements);
agricultural purposes (hereinafter referred to as ACN);
special purpose (land of industry, transport, communications, security, etc.);
specially protected natural areas;
forest and water resources;
state reserves.

Citizens of the Russian Federation have the right to build individual housing only in the first two categories and only if there is an appropriate type of permitted use. For example, you can build a house and register in it on agricultural lands for gardening (with the permission of municipal authorities) or on an individual housing construction plot.

The procedure for transferring land to individual housing construction

How to transfer a plot to individual housing construction?

To change the category of a plot, you should contact the land committee of the local administration based on the actual location of the land.

Here a corresponding petition is drawn up indicating the original purpose of the land plot and the category for transfer. But this will only be a preliminary consultation: you need to visit the administration again with a solid pile of papers on the ground.
If the site is owned by several owners, each of them will have to visit the municipality to submit an application. If personal appeal is not possible, a power of attorney is issued to the representative at the notary or written permission is given for the land transfer procedure.
Now comes the most crucial moment in preparing a package of documentation for the site. A positive decision directly depends on the completeness of the submitted certificates, land plan, cadastral extracts and other documents.
If the decision is positive, the owner is issued an act of transferring the land to another category with the assignment of appropriate permissions for use. The same information is sent by the contractor to the municipal land registration, cadastre and cartography authorities.
The procedure ends with the introduction of changes to the state accounting registers, which are carried out by the executive authority.

If transferring land to individual housing construction requires only a change in permitted use without changing the category, the algorithm is approximately the same.
True, such a procedure is not regulated by federal laws. Therefore, local authorities are guided by internal urban planning regulations.

Advantages and disadvantages of SNT

Each category of land has its pros and cons. We have already discussed the advantages and disadvantages of individual housing construction sites in the section “Is it possible to transfer SNT into individual housing construction”.

Advantages of SNT:

Low price compared to individual housing construction lands.
The location of the site is in an ecologically clean place, rural area.
The land can be used for agriculture; according to the law, construction is not required.
To start construction, there is no need to create a project or obtain permission.
Small land tax.

Disadvantages of SNT:

The owner pays for all communications, roads, electricity, sewerage and other things.
Low cost of construction, since the object cannot be officially registered.
It is impossible to register ; this requires transferring the plot to individual housing construction. Often, instead of a positive decision on the transfer, a resolution is issued requiring the demolition of the illegal building.
You cannot get a mortgage on such an object or use it as collateral for bank loans.
If the owner manages to transfer the SNT site to the category of individual housing construction, most often the development of the territory, the construction of infrastructure, and the installation of communications remain on the shoulders of the owner. Therefore, it turns out that there are no socially significant objects near the house in which permanent residence is planned.
All owners of the partnership bear financial responsibility , therefore a collective appeal to the courts and other government agencies is necessary.
If one of the owners of the partnership does not pay the contributions that are mandatory, then his debt is equally distributed among the remaining members of the company , who must pay it.

Documents for the application and its consideration

The initiator of the hassle with changing the purpose of the site provides the following documents to the municipality:

petition in the proposed form;
a copy of your personal passport;
in case of shared ownership of the plot - the consent of all co-owners with notarial confirmation;
an extract from the state real estate cadastre, a cadastral passport of the site and other technical documentation;
legal basis for ownership/use of the allotment: lease or donation agreements, purchase/sale agreements, certificate of inheritance rights, USRN extracts, etc.

The law allocates 30 to 60 days from the date of provision of papers from the owners to conduct a legal examination of documents and make a decision on the application.

When translation is required

Each land plot in Russia is assigned a category, on the basis of which the direction of its use is determined. If this is an agricultural plot, then it can only be used for these purposes.

The main disadvantage of dacha plots is that only dachas, ancillary and outbuildings can be built on them. Although the construction of a permanent structure is possible according to legal norms, it will have the status of a country house.

According to the latest court decision of the RF Armed Forces, registration is allowed in country houses and garden houses, but this will be very difficult to do. Thus, you will need to prove the suitability of the dacha for year-round living and go through many authorities. Often, owners have to defend their case through the courts.

Whereas a house on a plot for individual housing construction is assigned a dedicated address and you can immediately proceed to registering it.

The purchase of plots for individual housing construction is more readily financed, and they can act as collateral. For the purchase of a plot of individual housing construction, you can get a tax deduction, so it is more often purchased.

Another reason for transfer is financial. Plots for individual housing construction are much more expensive than country plots. The construction on them acquires the status of a residential building, while on country houses - a country house. This means that in the event of the sale of real estate, the proceeds from the sale of the individual housing construction plot will be much higher.

Finally, the last argument for transferring a dacha plot to individual housing construction is that municipal authorities should be responsible for providing communications to the building and clearing snow.

Grounds for refusal

What grounds may arise for refusing to change the category of land?

Factual errors in the documentation, incomplete list of collected papers;
The inappropriateness of changing the category of land, as well as private construction on the territory;
a ban on the use of an allotment for individual housing construction - such a restriction is typical for agricultural land;
the applicant has no legal rights to carry out the procedure for changing the category or purpose of the land.

Refusal to change the category of land plot

If the decision to change the category is negative, receive the corresponding refusal paper.

A similar outcome is possible under the following circumstances:

the petition was drawn up and submitted by a citizen who is not authorized to perform such actions;
the submitted documentation does not comply with the rules established by law;
land ownership, the category of which needs to be changed, is located outside the boundaries of the settlement, and its transfer to individual housing construction is prohibited by law (any land allocated for residential development must be located within the boundaries of settlements).

If the property is located within the city limits, then there should not be any difficulties. In case of an unlawful refusal to change the category of land, go to court to challenge the decision.

Possible alternatives

In addition to the main types of permitted use of land, there are such forms as conditionally permitted types of use and auxiliary types of permitted use. The last type is allowed only as an additional one in relation to one of the first two VRIs and can be implemented together with them.

If for some reason the transfer of land for individual housing construction to commercial use is impossible, then it makes sense to try to obtain the consent of the relevant authorities for the conditionally permitted type of use of the site. The procedure for granting permission for a conditionally permitted type of use of a land plot is established by Article 39 of the Civil Code of the Russian Federation.

The owner of the territory must submit an application to the land committee, after which the issue is discussed at public hearings, at which participants express their opinions to the commission about the possible impact on the environment.

Following the hearing, the authorities make a decision on the request. In case of consent, the corresponding entry about the conditionally permitted type of use is entered into the state real estate cadastre, and the applicant has the right to build temporary structures. You can try to challenge a negative answer in court.

The intended purpose of the auxiliary use must correlate with the main use.

The process of transferring land from individual housing construction to commercial is quite lengthy, costly and difficult. But if all the advantages of such a procedure are calculated, then after collecting all the required documents, going through the relevant authorities and obtaining permits, such a transition can often be implemented in practice.

Legislation

A plot is a part of the earth's surface, the boundaries of which have been certified in the prescribed manner.
The procedure for providing land owned by state and municipal authorities is prescribed in the Land Code. Certain provisions are contained in the Civil Code. Russians are guaranteed equal access to land. State and municipal authorities have the right to lease land (ownership) on a paid basis or free of charge.

A type of lease agreement is a transaction with the purchase of a plot from the state at a symbolic price.

The minimum and maximum size of plots is set at the discretion of local authorities. They depend on the region where land plots are provided for housing construction, the availability of free land, the economic situation in the region, etc. Typically, the minimum allotment is 3 acres, the maximum is 1.5 thousand sq.m.

Land legislation provides for two procedures for providing plots for individual housing construction: without bidding and with an auction. Here are a number of reasons for providing land without bidding:

sale of land (clause 2 of article 39.3 of the Land Code);
provision of land free of charge (Article 39.5);
when concluding a lease agreement without bidding (Article 39.6);
provision of plots for free use.

Thus, land for individual housing construction can be obtained free of charge without bidding. At the same time, the Land Code states that executive authorities are required to publish a notice of preliminary approval for the allocation of land to a citizen.

If no other applications for participation in the auction are received, then the authorities are obliged to allocate the site without bidding.

Repeated publication of the message by the executive body is not required.