Provision of land for farming

You can obtain land for farming for free in your own possession and for rent for a certain period or indefinitely. This can be done by persons who have the status of Russian citizen or who do not. But at the same time, they must carry out their entrepreneurial activities within the framework of peasant farming.

• Law
• Who can get the land
• What land can be provided
• Required documents
• The procedure for obtaining land for peasant farms
• When they can refuse
• Is it possible to build on farm land?

Legislative regulation

The activities of peasant farms are regulated by the provisions of civil legislation and Federal Law-74 of June 11, 2003.

They determine the possibility of creating a farming enterprise for individual entrepreneurs and organizations, and accordingly the plot is transferred to organizations and entrepreneurs.

The main areas of activity of farmers are established:

• Production and processing of agricultural products and livestock products;
• Their transportation, preservation, sale.

On lands owned by peasant farms, the following can be carried out:

• Crop farming (growing grain, fodder and other crops, tobacco, etc.);
• Animal husbandry (breeding various animals - horses, goats, sheep, pigs, rabbits, raising poultry, deer, camels, silkworms, beekeeping);
• Vegetable growing (picking nuts, mushrooms, berries, growing fruits and grapes).

IMPORTANT! The farm's land can be used by all the people included in its composition to produce products for their own consumption. In this case, registration of a company or individual entrepreneur is not required.

Farm property means:

• Earth;
• Structures and buildings;
• Outbuildings (warehouses, sheds, etc.);
• Reclamation structures and irrigators;
• Agricultural equipment and special equipment;
• Draft animals and poultry;
• Machines and equipment.

The procedure for providing plots for peasant farms, the requirements for them and their purpose are determined in the Land Code of the Russian Federation and the Federal Law “On the turnover of agricultural land”.

Who can get the land

Individuals and companies have the opportunity to obtain land.
When applying for land, it is not necessary to register as an entrepreneur or organization. But if you are planning a business activity in the form of selling agricultural products, you will have to register it in the prescribed manner. Both citizens of the country and other people with citizenship of another state have the right to engage in farming. They can rent land from a private person or from the state, or buy it for their own ownership.

What land can be provided

Land areas issued to peasant farms have agricultural purposes. They should be located outside the rural settlement and include various objects on which there are forests, fields, reservoirs, buildings and structures, roads, and various communications.

Particularly valuable agricultural areas are under state protection. These include territories whose cadastre value is 10% higher than the municipal average, and artificially irrigated or drained plots.

The presented plot is considered indivisible, therefore its owners have shares in it without dividing them into parts. It will be possible to divide it only if the farm ceases to operate.

The presented lands may be used for the purposes for which they are presented. Their possible uses include the following varieties:

• Planting flowers;
• Breeding poultry and fish;
• Gardening and vegetable growing;
• Viticulture;
• Beekeeping;
• Hunting grounds;
• To organize fisheries;
• Haymaking and grazing of livestock;
• Creation of protective forest plantings.

The applicant can determine the required size of the transferred plot.

The procedure for obtaining land for peasant farms

This can be done in several ways:

1. Organization of an auction initiated by municipal authorities when the plot falls within their sphere of disposal.
2. Conducting a competition at the initiative of persons with the possible purchase of the object for personal ownership.
3. Obtaining territory for rent without bidding for certain categories of persons.
4. Lease obligations in relation to land that is not registered in the cadastral register, without tendering.

The provision of land for farming involves the following actions:

1. Selecting the appropriate option . The selection can be made:

• By contacting your local municipality. They accumulate data on the presence of empty objects;
• By taking part in a public auction, information about which is published on electronic resources or in print media;
• Find information on the Rosreestr portal.

1. Submission of an application for the allocation of land area . It is submitted to the administrative authorities authorized to accept it. The request must provide data about the object:

• Purpose of use:
• Authority of the applicant;
• Conditions for the transfer of land into ownership (free of charge or for a fee):
• The need to represent the territory of the required size (number of participants and employees, turnover volumes);
• Signed agreement on the establishment of a peasant farm;
• Temporary period, if the lease is intended for a short period.

applications for the provision of land for farming

The application is reviewed within 14 days, the draft boundary definition is approved in about one month.

1. Organization of trades . Having received the application, the administration staff publishes a notice of intention to lease the land and invites applicants to participate in the competition. If no one has expressed a desire to participate in the event, the site is provided to the initiator without holding a tender. If there are still those interested, the rental price may increase significantly based on the results of the auction.
2. Carrying out cadastral registration . In a situation where the administrative body has previously approved the application, the applicant must survey the property and register it at his own expense. Sometimes these costs are borne by the local municipality. The cadastral engineer of the land management organization establishes the boundaries of the territory, carries out topographic surveys and draws up the necessary documentation. Having received the papers, you need to submit them to Rosreestr to enter information into the unified cadastre and receive a passport.

ATTENTION! If the issuance of land is refused, the funds spent on the formation of the area will not be returned.

1. If a positive decision is made in favor of the owner of the peasant farm, the administrative body signs an agreement with the applicant on the sale or lease of land property. It must indicate all the essential terms of the transaction, in particular:

• Amount of rental payments;
• Rights and obligations of the parties;
• Possibility of further purchase of the plot of land.

When its validity period expires, it can be:

• Extend;
• Terminate;
• Buy a plot of property

1. Transfer of land into ownership . Land legislation determines the possibility of allocating agricultural territory for free lease with its subsequent transfer to private ownership if the site has been used for its intended purpose for five years. It can be purchased from the state after the end of the lease for a minimal amount.

IMPORTANT! The agreement must go through the registration procedure with Rosreestr, only after this the rights to own the plot will come into force.

How to get land for farming Printable version

The provision of land plots that are state-owned and not provided for land use on the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production is carried out on the basis of a competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise , agricultural production in the manner and under the conditions established by this Article 43-1 of the Land Code of the Republic of Kazakhstan (hereinafter referred to as the Code).

Persons included in the register of persons from whom land plots have been forcibly seized, as well as persons specified in part five of paragraph 19 of Article 43, are not entitled to participate in ongoing competitions for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise or agricultural production. -1 Code.

How to take part in a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production?

The organization and conduct of a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production is carried out by local executive bodies of districts and cities of regional significance.

The local executive body of the district, city of regional significance, to ensure the holding of a competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production, carries out:

1. publication of a notice of a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production in periodicals distributed in the territory of the relevant administrative-territorial unit, as well as on the Internet resource of the local executive body;
2. sending notices of a competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production to local executive bodies of districts, cities of regional significance within the relevant region, as well as to the central authorized body for posting on its Internet resource.

To ensure the availability of information on the holding of a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production, the local executive body of the district, city of regional significance in accordance with subparagraph 2) of part one of paragraph 4 of Article 43-1 of the Code publishes this notice on its Internet resource, as well as special information stands of government bodies in places accessible to the population, and immediately sends it to the akims of cities of regional significance, towns, villages, rural districts for posting on their Internet resources and special information stands in places, accessible to the population.

The notice must contain:

1. date, time and place of the competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production, as well as the deadline and place for submitting applications;
2. characteristics of the land plot (location, area, composition of land, qualitative characteristics of soils, quality score, water availability, agricultural specialization of the region).

The local executive body of the district, city of regional significance begins accepting applications for participation in the competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production after thirty calendar days from the date of the first publication of the notice of the competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production in periodicals distributed in the territory of the relevant administrative-territorial unit, and on the Internet resource of the local executive body, and in the case of a repeated competition - after fifteen calendar days.

Acceptance and registration of applications for participation in a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production are carried out within fifteen working days from the date of receipt of applications, and in the case of a repeated competition - within ten working days .

An application for participation in a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production is submitted on paper or through the “electronic government” web portal in accordance with the legislation of the Republic of Kazakhstan with the mandatory assignment of a registration number and issuance of a notification to the applicant.

An application for participation in a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production, submitted through the “electronic government” web portal, is sent to the local executive body of the district, city of regional significance on the day of summing up the results of the competition in accordance with the procedure determined by the central authorized body.

The day of the end of the competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production is considered the day of summing up its results.

When they can refuse

An applicant may be denied agricultural land. Reasons for this may include:

• The required area is greater than the limits established by the administration of the village council;
• This is not a complete list of documents;
• The papers contain inconsistencies and inaccuracies;
• The object is burdened with the rights of interested parties.

The applicant is informed of the decision, indicating the reasons for the refusal. The unfoundedness of the arguments may serve to challenge them in court.

Why is land registration needed?

While the land plot is free in the database and on the Rosreestr map, the district administration has no right to refuse to provide it to others, as a result, hayfields used for many years by one user without registration may end up in other hands, such cases have already happened. In addition, the use of land without registration is also an administrative liability with a fine.

A document giving the right to use hayfields, pastures, or other areas is a registered land lease agreement, a certificate of ownership. Skipping any action from the algorithm presented above entails non-registration or under-registration of the land.

Is it possible to build on farm land?

The construction of various non-agricultural buildings is allowed on the land territory of the peasant farm. These can be residential, industrial and recreational buildings. The area of ​​such buildings cannot occupy more than 30% of the entire plot. The development is regulated by the emerging practice of the municipality and the approved project.

To officially register a residential building and register in it, it is necessary that its height does not exceed three floors. To build it, you need to provide evidence of the need for permanent human presence on the farm. This may be due to constant care of animals and other reasons.

The development of agricultural territories is regulated by the provisions of the Civil Code of the Russian Federation, which establishes the importance of compliance with urban planning, fire safety, construction, and sanitary standards during its implementation.

In addition to housing, the owner of a peasant farm can erect other buildings at will. The construction of permanent buildings must be accompanied by obtaining a construction permit. Temporary buildings can be erected without coordination with the relevant services. These can be sheds, warehouses, sheds and more. Their registration with Rosreestr is not required.

It should be noted that for the development of farming in Russia, agricultural land is provided for rent or for own ownership. Various products can be grown on them or livestock, fish and other animals can be raised. The maximum size of the territory provided will depend on the number of participants in the farm and the standards established in the region.

For how long can you get land?

Z

The Land Code provides for the possibility of providing a land plot to a citizen for rent for haymaking, grazing farm animals, gardening, or a plot of land located outside the boundaries of a populated area for personal farming (clause 19, article 39.6 of the Land Code of the Russian Federation). The same article contains a rule on the provision of a land plot to a peasant (farm) enterprise or agricultural organization with reference to the Law “On the Turnover of Agricultural Land” mentioned above. (Clause 12, Article 39.6 of the Land Code of the Russian Federation). These provisions of the RF Land Code establish the possibility of obtaining state or municipal agricultural land for rent without holding a tender. However, for these grant cases the 49 year period does not apply. Thus, according to the Federal Law “On the Turnover of Agricultural Land,” the provision of a plot of land from agricultural lands for rent for haymaking and grazing is limited to three years.

For a period of 3 to 49 years, land plots are provided for agricultural production (clause 11, article 39.8 of the Land Code), with the exception of the case of providing land to citizens for haymaking, grazing farm animals, and gardening. Here, the Land Code, similar to the Turnover Law, establishes a term limit of 3 years. Important - subject to proper use, the leased land plot can be purchased into ownership after 3 years from the date of conclusion of the lease agreement. (Part 4, Article 10 of the Federal Law “On the turnover of agricultural land”).