Minimum sizes of land plots in the Moscow region

Subject:

Property relations, land use, natural resources and ecology

Adopted by a resolution of the Moscow Regional Duma from

12/21/2017 No. 23/40-P

Signed by the Governor of the Moscow Region

27.12.2017

Published:

Internet portal of the Moscow Region Government (https://mosreg.ru), 12/29/2017, “Daily news. Moscow region", 01/18/2018.

LAW OF THE MOSCOW REGION

On the maximum size of land plots that are in state or municipal ownership and provided for the implementation of peasant (farm) activities in the territory of the Moscow region and on amendments to the Law of the Moscow region “On the maximum size of land plots provided to citizens as property in the territory of the Moscow region” region"

Article 1

This Law was developed in accordance with Article 12 of the Federal Law of June 11, 2003 No. 74-FZ “On Peasant (Farm) Economy” (hereinafter referred to as the Federal Law) and establishes the maximum (maximum and minimum) sizes of land plots located in the state or municipal property and provided for the implementation of peasant (farm) activities in the territory of the Moscow region.

Article 2

1. Establish the maximum maximum size of land plots that are in state or municipal ownership and provided for the implementation of peasant (farm) activities in the territory of the Moscow region in the amount of 1300 hectares.

2. Establish the maximum minimum size of land plots that are in state or municipal ownership and provided for the implementation of peasant (farm) activities in the territory of the Moscow region in the amount of 2 hectares.

3. The requirements of this article are applied taking into account the provisions of paragraph 7 of Article 12 of the Federal Law and paragraph 3 of Article 6 of the Law of the Moscow Region No. 75/2004-OZ “On the turnover of agricultural land in the territory of the Moscow Region”.

Article 3

Introduce the following changes to the Law of the Moscow Region No. 63/2003-OZ “On the maximum size of land plots provided to citizens for ownership in the territory of the Moscow Region” (as amended by the Law of the Moscow Region No. 163/2017-OZ):

1) the second paragraph of Article 1 is declared invalid;

2) the second paragraph of Article 2 is declared invalid.

Article 4

This Law comes into force ten days after its official publication.

Governor of the Moscow Region A.Yu. Vorobyov "27" December 2021 No. 252/2017-OZ

Adopted by resolution of the Moscow Regional Duma dated December 21, 2017 No. 23/40-P

Individual residential construction has now become very popular, so federal legislation constantly controls this category. Laws and regulations are subject to frequent changes to control the size and number of sites in each region.

Land has always been and remains a valuable investment and you want the size of your holdings to be as large as possible.

Dimensions of individual housing construction land

Land category of the individual housing construction type (individual residential construction) is intended for building a house on the territory of this site for permanent residence, obtaining a registration and postal address.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

Land for individual housing construction can be obtained from the state under certain agreed conditions, but you should not count on a large area - the dimensions are established by law and depend on a large number of factors, for example:

territory of the site location;
population of the locality;
demand for land in the area of interest;
development of the district's infrastructure.

The size of the plot is also influenced by the requirements of SNiP and land use rules; it is necessary that the future construction does not interfere with the neighbors and does not pose a danger to them.

Size limits include:

the area of the land;
indentations from the boundaries of the site, beyond which construction is impossible;
number of floors;
number of buildings on the territory of the land plot.

Not all regions can set large land limits due to limited area or high population density. First of all, this concerns the Leningrad and Moscow regions.

How to get benefits?

Categories of citizens entitled to benefits and discounts receive land plots:

on a free basis, in order of priority (by prior registration, registration and provision of a package of relevant documents);
according to a previously issued certificate in any of the districts, within the characteristics of the document;
plots designated in advance (prescribed by decisions of the settlement administration) and prepared by municipalities with mandatory approval of the design of the capital structure and its placement.

Sometimes not only the size, but also the ratio of the length and width of the allocated land plots is regulated. For example, in the Krasnodar Territory the minimum width is 6 m.

How are sizes regulated in the Moscow region?

The largest and smallest sizes of plots are established in accordance with clause 1 of Art.
11.9 of the Land Code of the Russian Federation and Part 6 of Art. 30 Civil Code of the Russian Federation. If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

The maximum size of land, leased or purchased, obtained as a result of division or separation from common property, is the area of the plot, which cannot be higher or lower than the value accepted as the norm.

In different regions, the limit values are different, however, the average value can be identified - from 3 to 30 acres.

Which lands are not subject to the limits?

Minimum and maximum sizes are not determined in relation to plots that are formed in the process of their withdrawal for the needs of the state or municipality in order to place specific objects on the received land in the absence of other available options:

structures and networks of energy systems of both federal and regional significance;
objects of the federal and regional level: transport, communications, communications, computer science;
objects of the state or entity that are necessary to ensure optimal activity of subjects of natural monopolies;
structures and networks of water, heat, gas and electricity supply to municipal entities;
roads for vehicles of any level.

Subsequently, after the seizure, the land is transferred to another category and specific urban planning regulations are determined.

The site may lie on the route of a new highway, then it is subject to seizure and transfer to another category

Maximum size

The maximum size of land provided for individual construction in the Moscow region is regulated by the Law of the Moscow Region in Article 2:

for farming, the maximum size limit is 40 hectares;
for gardening work - 0.15 hectares;
for growing a vegetable garden - 0.1 hectares;
for the construction of a summer house - 0.25 hectares.

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Minimum size

For some owners, depending on financial or family circumstances (divorce), it is important to know what the minimum land size limit is. It is impossible to divide land whose size is less than the minimum value - it is considered indivisible and registration of such land will be impossible.

The minimum dimensions are established in Art. 1:

for farming - 2 hectares;
for gardening work - 0.06 hectares;
for gardening - 0.04 hectares;
for the construction of a summer house - 0.06 hectares.

The issues of size limits are especially clearly spelled out in the legislation of the Moscow region, since everyone strives to be closer to the capital and developed infrastructure. In areas remote from Moscow, the minimum limit has been reduced to increase demand for land.

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of the Russian Federation, for running personal subsidiary plots and individual housing construction - by regulatory legal acts of local government bodies. 2. The maximum sizes of land plots provided to citizens for free ownership for the purposes provided for by the rules of paragraph 1 of this article are established by: federal laws - from lands in federal ownership; laws of the constituent entities of the Russian Federation - from lands owned by constituent entities of the Russian Federation; regulatory legal acts of local governments - from lands owned by municipalities. 2.1.

Regulatory acts and urban planning regulations

The Land Code of the Russian Federation defines general indicators for the minimum and maximum size and area of an individual housing construction plot.

Specific sizes are established by executive authorities depending on whose jurisdiction the land is located:

for sites under federal ownership, standards are established in accordance with federal laws;
Regional laws apply to lands that are in regional ownership;
The size of municipally owned land plots is regulated by municipal regulations.

Such land regulation is appropriate and fully consistent with the territorial policy of the state.

In order for a future residential building to comply with current building codes and regulations, it is necessary to comply with all SNiP requirements on the existing land plot.

Different standards have been developed for different types of buildings and structures, types of land plots.

If you have a plot of land received from the municipality free of charge, then during construction you must take into account the following:

Residential development should not occupy more than 30% of the total area of the plot - with a minimum land plot size, your house should be no more than 90 square meters. m., the larger the plot of land provided, the more spacious the house the developer can afford.
On a plot of no more than 12 acres, it is allowed to build only one residential building (this requirement does not apply to the number of outbuildings).
A residential building cannot be located closer than 5 m from the street (“red line”) and 3 m from the side passage.
It is important to comply with the requirements of SNiP 30-02-97 in relation to neighboring boundaries, residential and outbuildings:

between residential buildings - a distance from 6 to 15 m, depending on the combination of materials for the supporting structures of buildings;
from the house to the boundary between neighboring plots - at least 3 m;
from outbuildings to the border of the site - at least 1 m.

Today, the sanitary minimum provides for a certain factor, according to which lands can be classified or not classified as divisible. This standard is established by the norms prescribed in Law No. 136-FZ, adopted on October 25, 2001.

Today, municipal authorities are in charge of determining the required areas for various land plots, which are provided to citizens from the list of lands intended for agricultural activities, used for all kinds of gardens, vegetable gardens or subsidiary plots.

The activities of executive committees in any case must be carried out in accordance with the norms prescribed in paragraph 1 of Article 33 of the Land Code.

Maximum minimum size of land plot

Minimum size of land plot used for:

individual housing construction, placement of an individual residential building - 300 m2;
dacha farming - 600 m2;
gardening - 200 m2;
gardening - 200 m2;
placement of individual garages - 18 m2;
placement of temporary objects of small retail trade, public catering and consumer services without the right to erect real estate objects on these land plots - 5 m2 (paragraph as amended, put into effect on August 5, 2007 by the Law of St. Petersburg of July 18, 2007 N 397- 74).

Minimum plot area for a residential building

Adopted by Resolution of the Moscow Regional Duma of May 28, 2003 N 3/59-P This Law establishes the maximum (maximum and minimum) sizes of land plots provided for gardening, horticulture, dacha farming from lands in state or municipal ownership in the territory of the Moscow Region in relation to to municipalities of the Moscow region, in which the rules of land use and development have not been approved. (Preamble as amended, put into effect on March 15, 2021 by the Law of the Moscow Region of March 12, 2021 N 20/2018-OZ. Article 1.

Legal requirements

Requirements for plot sizes are specified in the Land Code of the Russian Federation. Maximum permissible maximum and minimum dimensions must be established in accordance with the urban planning plan

. If the required areas are not subject to urban planning regulations, then their sizes are established in accordance with the Land Code.

The boundaries of newly formed areas should not cross the boundary lines of settlements and municipalities.

It will be impossible to create plots if they become an obstacle to the use of real estate located on them. In addition, a plot on which an encumbrance or restriction in use has been imposed cannot be subject to division.

Download the encumbrance statement

The formation of a new site will be denied if its boundaries cross a forestry or forest park zone. Any non-compliance with these standards will result in refusal to divide the land plot.

Sample application for division of land:

Limit maximum and minimum sizes of land plots for individual housing construction

From the moment this Law comes into force, the decision of the Small Council of the Moscow Regional Council of People's Deputies dated December 16, 1992 N 4/28 “On the maximum size of land plots provided to citizens in the Moscow Region” shall be declared invalid. Governor of the Moscow Region B.V. Gromov June 17, 2003 N 63/2003-OZ (as amended on July 18, 2007) Adopted by the Legislative Assembly of St. Petersburg on June 30, 2005 This Law of St. Petersburg determines the procedure for establishing the minimum size of the area of land plots in respect of which state cadastral registration must be carried out (hereinafter referred to as the minimum dimensions of the land plot area). Article 1 The minimum dimensions of the area of land plots are determined by town planning regulations (temporary regulations for the development of land plots). Article 2 1.

When is it appropriate to use limit values?

The minimum plot size
and permissible maximum apply in the following situations:

allocation of allotments from state and municipal lands;
resolution of controversial issues related to the division of plots;
resolution of controversial issues related to the redistribution of plots;
provision of municipal or state authorities to legal entities or individuals of plots for rent or full ownership;
converting an unused land share into a separate plot;
allocation of land plots from agricultural land as a share in the right of joint ownership, taking into account the possibility of separate functioning of the allocated part.

In other cases determined by land legislation and primarily related to the allocation of a plot of land from common property.

Most often, the size of the land plot is determined in each case separately

On our website you can get acquainted with the most popular plots in the Moscow region for the construction of a country house. In the filters you can set the desired direction, the presence of gas, water, electricity and other communications.

Minimum plot size for individual housing construction in the Moscow region 2021

Some citizens with a certain social status (for example, large families) are allocated such plots free of charge. Thus, lands have appeared that have a very specific use, different from private household plots or SNT. Currently, lands “for individual housing construction” are included in the Classifier of types of permitted land use. Such plots cannot be used for any other purpose, except for the construction of a single-family residential building. Otherwise, it is possible only if the VRI (type of permitted use) is changed. Until this happens, the site has status.

It requires compliance with certain rules, including the minimum area of land for individual housing construction. Legislation In accordance with the Land Code of the Russian Federation (Article 11.9, clause 1), the maximum sizes of plots are determined in accordance with the Town Planning Code (Civil Code of the Russian Federation). According to the Civil Code of the Russian Federation, Art. The minimum size of the area of land plots used for purposes not specified in paragraph 2 of this article is established by the executive body of state power of St. Petersburg, authorized by the Government of St. Petersburg, but not less than the area of the land plot directly occupied by the building, structure, provided that the boundaries of the specified land plot coincide with the external boundaries of the building or structure (clause as amended, put into effect on August 5, 2007 by the Law of St. Petersburg of July 18, 2007 N 397-74 - see the previous edition). Article 3 This Law of St. Petersburg comes into force ten days after the day of its official publication.

Land has always been and remains a valuable investment and you want the size of your holdings to be as large as possible.

Going to court

It is not always possible to resolve division issues with the remaining owners peacefully. There are often situations when the owners of shares do not give the opportunity to divide the plot or the chairman of the gardening partnership does not give permission to do so.
.
In this case, the owner who wants to separate his plot can go to court
. If the decision is positive, he will be able, based on the court decision, to carry out land surveying and divide his share.

The application must be submitted to the district court at the location of the site. If we are talking about a garden cooperative, then the place of filing the application will be the court in the area where the legal address of the partnership is located. The plaintiff must draw up a statement in which he indicates the reasons and grounds for the need for division.

The application must be accompanied by all documents for the plot and the owners’ refusal to participate in the division. The essence of the claim should be based on the protection of the citizen’s property rights. The owner has the right to divide his plot into an amount that does not violate the area standards.

Dividing a land plot into several independent objects is a complex process. The situation becomes especially complicated if citizens have to go to court
. To ensure that the case is resolved as positively as possible in favor of the plaintiff and that his rights are not violated during division, it is best to entrust the handling of the case to experienced lawyers.

Dimensions of individual housing construction land

If you want to find out how to solve your particular problem in 2021, please contact us through the online consultant form or call :

territory of the site location;
population of the locality;
demand for land in the area of interest;
development of the district's infrastructure.

Size limits include:

the area of the land;
indentations from the boundaries of the site, beyond which construction is impossible;
number of floors;
number of buildings on the territory of the land plot.

Not all regions can set large land limits due to limited area or high population density. First of all, this concerns the Leningrad and Moscow regions.

How are sizes regulated in the Moscow region?

The largest and smallest sizes of plots are established in accordance with clause 1 of Art. 11.9 of the Land Code of the Russian Federation and Part 6 of Art. 30 Civil Code of the Russian Federation.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

In different regions, the limit values are different, however, the average value can be identified - from 3 to 30 acres.

Dimensions are set taking into account the following features:

if the plot is state-owned, then the dimensions will be established according to federal laws;
if the plot is owned by a constituent entity of the Russian Federation, then the size is regulated by the laws of the Russian Federation;
if the owner of the land is a municipality, then the size will be determined by regulatory legal acts.

In each region, the size of land for individual housing construction is regulated differently depending on regulations, but none of them can contradict the Constitution of the Russian Federation and Federal Law.

In the Moscow region, the size of land for individual housing construction is regulated by Law No. 3/59-P of May 28, 2003 “On the maximum size of land plots provided to citizens as property in the territory of the Moscow region.”

How the procedure works

The decision to divide one land plot into several independent ones must be made jointly and voluntarily by the owners. To confirm this voluntary decision, agreements are drawn up

. If the plot has only one owner, the decision will be made by him alone.

During the division procedure, land surveying must be carried out. It is done only in the personal presence of all owners and interested neighbors.

The formation of new areas can be initiated by:

owners who plan to donate their share;
citizens, if they wish to sell part of the plot;
heirs, children and other relatives;
owners who have shares in a single plot.

In all these cases, in order to be able to fully dispose of your share, it is necessary to make a division. After its successful completion, the owner can dispose of the land in full.

If the plot is jointly owned, it must first be divided into shares. To do this, you need to contact a lawyer to draw up an agreement.

.
The agreement must specify the size of the plots and the percentage of shares
. This is the main condition for drawing up a document.

statement of claim for division of land

If the plot is uneven, there is a pond or a ravine with a cliff, then the owner who gets such a part is given additional footage. If such a provision exists, it must be stated in the agreement as an additional clause. This must be stated in order to avoid attempts by other owners to violate the terms of the agreement and claim the allocated additional footage

. The signed agreement must be notarized. After this, land rights must be registered.

If only one owner wants to allocate his share, the others are required to provide consent. The allocation of shares will be carried out in a standard manner

.
After the allocation, they must be registered with Rosreestr
. After registration, the remaining owners must sign a notarized consent to allocate one share.

Article 11.4. Division of land

If the allocation of an allotment is made from a dacha cooperative, then consent must be submitted on the basis of a general meeting. The decision is made by voting, based on the results of which a protocol is issued. Based on this, the chairman issues the consent of the members.

Article 39. Determination of shares when dividing the common property of spouses

In order to begin the division procedure, the owner must contact the geodetic company in person or write a power of attorney to a third party who will represent his interests.

Article 258. Division of property of a peasant (farm) enterprise

Required documents

To allocate part of a plot of land into an independent plot, you need to collect a package of documents:

The applicant must make a written application that describes the characteristics of the site and states the basis for the division. A sample application can be obtained from Rosreestr.
Document on land surveying. An important point is the fact that each new site must meet minimum standards
. In addition, access to each share must be provided and boundaries must be clearly defined.
Passports of all interested parties.
An agreement confirming the right to use the land plot. This could be a gift, a will, a purchase or sale.
A written agreement on the division of the plot, signed by all owners.

contract for the sale and purchase of a house and land

Download the certificate of right to inheritance under a will

Download the land donation agreement

Article 252. Division of property in shared ownership and allocation of a share from it

An application for the division is written to the cadastral engineer, who accepts the object for work.

The text of the application must include the following information:

characteristics of the site;
location, name of the locality;
cadastral number;
special purpose;
presence of buildings on the site.

Owners can refuse their share, in which case they receive financial compensation, and their share is divided among the other owners.

Sample contract for land surveying:

Maximum size

The maximum size of land provided for individual construction in the Moscow region is regulated by the Law of the Moscow Region in Article 2:

for farming, the maximum size limit is 40 hectares;
for gardening work - 0.15 hectares;
for growing a vegetable garden - 0.1 hectares;
for the construction of a summer house - 0.25 hectares.

Do you need to complete payroll transactions? Don't worry. All the details are in our article!

Tariff payment - does it have another solution? You can read everything you need to know about him at this link.