Land in populated areas for personal farming

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Published: September 27, 2019

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When planning to purchase a plot of land, you need to understand exactly why it will be needed and for what purposes it will be intended: building a residential building, running a household. The most common type of land use is private plots.

What is a private plot? Features of the land
Where can they be located?

What lands are used for private plots?

Purpose of land

Restrictions on use

General concept

Each plot in the Russian Federation is assigned a certain category of land and the types of use permitted by law are indicated.

On a piece of land, citizens can work in accordance with the available view. To do this, this type of permitted use must be provided for this site. It can fall into one of two categories:

settlement lands;
agricultural land.

In the first case, such a plot is called a personal plot, in the second – a field plot.

According to statistics, in 2012, private farms produced more than 50% of the country’s total agricultural production. The total area of such sites at that time was 42 million hectares.

A private plot can be used not only for farming, but also for generating income. To do this, the following conditions must be met:

No hired labor should be used on the site;
Income can only be obtained by selling surpluses obtained as a result of economic activities, but cannot be the result of entrepreneurship.

Exemption from taxation is thus recorded in paragraph 13 of Article 217 of the Tax Code of the Russian Federation.

A residential building or outbuildings can be built on this site.

The site may contain a house, outbuildings, a small garden and a vegetable garden.

In most cases, a plot of private household plots belongs to municipal authorities, but it can be sold to citizens, leased out for a long term, or provided for indefinite use by citizens.

When the property has a private plot of private plots, this is what it means for its owner: such land is allowed to be used (based on Article 4 of the “Law on Personal Subsidiary Farming”, No. 112-FZ of July 7, 2003) for the production of agricultural products and for the construction of a residential building or auxiliary structures.

The procedure for allocating a plot of land for personal farming

The lands are managed by the local administration. To obtain a land plot, you must draw up an application addressed to the head of the executive committee and submit it to the official authorized to dispose of the municipality’s land property. The application should indicate that the plot is required to improve the well-being of the family and indicate the grounds on which the family has the right to apply for an allotment for private plots. Such grounds include :

status of a large family;
presence of a disabled person in the family;
low-income low-income family.

These provisions must be documented.

In the absence of privileges for obtaining a land plot , the application indicates the wishes for the location of the allotment, as well as the type of use of the allotment - for private household plots. As a rule, in this case, land is allocated with the participation of citizens in bidding. Based on the results of the auction, the allotment is transferred to the disposal of the participant:

into ownership, as a result of redemption;
for rent.

After three years of using the leased storage unit , it is permissible to privatize it. The exception is cases when the owner of the plot has already exercised the right to privatize land earlier, since it is permitted by law to use it only once.

All information that occurs with the site after the end of the auction is subject to registration in Rosreestr. If one is allocated without holding a tender, ownership is also secured through registration of the land plot.

Taxation

When selling surpluses obtained from activities on such a site, income tax is not provided. However, to do this, you must complete the necessary documents and comply with the following conditions:

absence of hired labor at any stage of work;
that the area of the plot does not exceed the legal limit.

To receive the benefit, you must register your personal subsidiary plot with the local administration and obtain a supporting certificate. This document provides basic information about a personal plot and provides a list of permitted activities. We can talk not only about what was grown on the land for personal farming, but also about the result of processing the resulting product.

The sale of surplus agricultural products is not taxed, but you need to collect the relevant certificates

See also: Popular plots in the Moscow region for building a country house.

Advantages and disadvantages

The main disadvantage of field sites is the ban on the construction of permanent buildings and structures . Facilities for agricultural production have limited options for use.

Thus, a barn built on a field plot can be used for storing agricultural equipment, but not for storing grown crops.

The question of supplying electricity and gas to the field site also remains open.

It is possible to install communications directly to ensure agricultural production, but not for electrification and heating of a change house and garage.

Advantages

Despite all the restrictions in terms of construction, field plots also have advantages over household plots:

low land tax rate;
impressive size;
no personal income tax on the amount of profit from sold agricultural products produced on private plots.

The fact of production on private plots of land must be confirmed by a certificate from the municipal authority responsible for registering private plots.

What area should such a plot have?

For personal subsidiary plots, only a plot of land whose area does not exceed the established limit can be provided.

The minimum and maximum amount of area that can be provided is established by the municipal authorities. These figures depend on the availability of such lands and their demand.

However, federal law sets the upper limit of the area provided at 0.5 hectares. At the same time, a reservation is made that the regional authorities have the right to increase this value. However, the maximum that cannot be violated in any way is 2.5 hectares.

Home construction

It is possible to build a residential building on a plot for personal farming. To do this, you need to complete paperwork.

You must have title documents for the land. They may vary depending on the specific situation:

purchase and sale agreement, if the plot was purchased;
if it was received as a gift, then the document of title is the deed of gift;
the land could be inherited - in this case it will be necessary to rely on a will.

When constructing a house, a building permit must be issued.

You can build a house without a building permit, but this may cause problems in the future

It is important to consider that the final confirmation of ownership of real estate is the presence of a corresponding entry in the Unified Register of Property Rights. A mandatory requirement when entering data into it is the execution of cadastral documents.

In order for a house to be officially inhabited, a cadastral passport must be issued for it.

The final document in this case is the commissioning certificate. It can only be signed if the house is built taking into account all the necessary requirements and standards.

If a house was erected without a building permit, then in accordance with Article 9.5 of the Code of Administrative Offences, a fine in the amount of 2 to 5 thousand rubles is imposed.

Is it possible to register land for private plots as ownership?

Plots of private household plots require farming for personal needs. As a rule, such territories are leased to land users, while many are interested in registering these objects as property.

Remember that any land ownership must be operated according to its intended purpose, and the specified areas are transferred for agricultural activities or the construction of residential buildings. This means that when using the land according to its intended purpose, there is a possibility of obtaining ownership of this property.

The issue of registering ownership of plots for private household plots is very relevant today. As a rule, this can be done. To register ownership of such a property, a package of documentation is required confirming the rights of the land user to a specific territory. For example, if land ownership was provided for lease, an agreement on this will be required. In addition to what has been noted, establish the exact location of the property and contact the competent authorities to register it in the cadastral register.

To carry out this procedure, it may be necessary to carry out cadastral work in relation to the site, after which you can obtain a cadastral passport. Together with the indicated papers, submit to the government agency a proper application for the transfer of land ownership. Attach a receipt confirming the fact of payment of the state duty to the set of documents.

According to the list of documentation indicated above, it is possible to register ownership rights to land ownership. Usually the application is considered within a month from the date of its submission. If registration of land ownership is refused, go to court to appeal the decision.

Construction permit

In order to build a private residential building on private household plot land, a building permit is one of the main documents. To complete it you will need to complete the following steps:

Receipt of an urban planning plan for a land plot (GPZU), the issuance period of which is 30 days.
Providing a development plan (Scheme of planning organization of a land plot - SPOZU).
Then the documents are submitted to the State Construction Supervision Authority or the relevant municipal service.

The issue is reviewed within ten days, and if the decision is positive, a construction permit is issued.

When applying, you must submit an application and title documents for the land plot together with the GPZU and SPOZU.

The validity period of the obtained permit is usually 10 years. When the owner changes, it remains valid, since it is issued to the land plot, and not to its owner.

When selling a plot, the building permit remains valid, since it is given not to the owner, but to the plot itself

Registration procedure

Private household plots do not need to be registered; only the right to a specific plot of land is registered. But if a citizen who runs a private household plot wants to receive a subsidy, then the private plot will need to be registered with the administration of the locality.

Data on private household plots is entered into a special book called a household book. To do this, you must provide a passport of the owner and his family members (if any), as well as documents confirming the right to this land plot.

You can also enter the following information:

Persons who are engaged in maintaining private household plots;
Area under plantings;
About kept animals, birds and so on;
Availability of agricultural machinery or transport.

All this information is recorded only at the moment when private household plots are registered. Then the data is adjusted every year by local government specialists.

Subsidies

Supporting citizens' private farms is one of the priorities of state policy. Subsidies can be provided to support citizens:

When purchasing gasoline or other fuels and lubricants;
breeding of cattle breeds;
when purchasing equipment;
for the purpose of purchasing certain veterinary drugs;
for insemination of cattle;
when you need to buy fertilizers.

In order to apply for assistance, you need to prepare a package of documents. It includes:

Application from a person applying for assistance.
Documents that confirm actual expenses incurred.
An extract from the household ledger provided by the administration.
List of available cattle.
Documents for existing transport.
Certificates of completed work.

The exact composition of the package of documents depends on the type of subsidy you expect to receive.

If certain documents are available, the owner of a private plot can receive a subsidy from the state

Is it possible to withdraw

The private plot is usually in use for a period determined on the basis of title documents. However, the legislation provides for situations when it can be forcibly withdrawn:

Article 284 of the Civil Code allows for seizure in cases where there has been misuse of land for a period of at least three years.
Article 285 as a basis indicates a strong deterioration in the quality of the site or the environmental situation.
If several plots have been obtained with a total area that exceeds the established maximum, then part of the land may be withdrawn.
In some cases, the lands of settlements for personal farming may be taken away for state needs.

When a seizure is carried out, you can challenge this action in court.

Misuse of land is a reason to be left without a plot

The difference between private plots and individual housing construction

When a citizen receives a plot intended for individual residential construction, the legal requirements for it are very similar to those that apply to a private plot. Therefore, it is useful to know the difference between them:

On the individual housing construction plot, you can engage in crop production, but not livestock farming. On a personal plot, you can engage in both types of work.
The land tax in the first case is higher.
The construction of residential real estate on a private plot is permitted, but is not the responsibility of the owner. At the individual housing construction site, this is a responsibility. If during the first three years of ownership the construction of the house has not begun, then this is an inappropriate use.
For owners of individual housing construction, municipal authorities are obliged to equip communications: roads, electricity and others. Owners of private household plots may be faced with the need to pay for them at their own expense.

When land is used for personal farming, what can be built does not depend on the choice, provided that the private plot is located within the city limits. The choice of the appropriate type of permitted use is based on the goals the owner sets for himself.

What else can be built on the lands of private household plots?

In addition to residential buildings, the following auxiliary buildings can be built on private plots:

greenhouses, greenhouses and other garden buildings;
structures for keeping animals and poultry (poultry house, barn, etc.);
baths;
garages and other structures for storing equipment;
barns, hay storage, cellars;
wells;
toilet and septic tanks;
other buildings intended for personal farming.

Any non-permanent buildings can be erected without obtaining a permit. However, despite this, it is necessary to take into account the stipulated sanitary and construction standards. Otherwise, if neighbors file a complaint in court, the building may have to be demolished by decision of that body.

If difficulties arise, please seek legal advice. You can get free legal assistance on our website. in a special window.

Now you know whether the construction of a house on a plot for private plots is allowed and under what conditions. Don't ignore the need to obtain permission to avoid problems in the future.