How to transfer agricultural land to peasant farms?

Taking into account the economic state of the country in recent years, peasant farms have become attractive to a large number of entrepreneurs. To create such farms, fertile lands are being vigorously acquired, as a result of which there is less and less free territory left.

Many businessmen take advantage of this to great advantage by taking the following steps:

Acquire agricultural land at market value or even lower;
Change the category of land allotment;
They sell the land at a huge profit.

However, questions arise: is it possible to re-register agricultural land into peasant farms and how can this be legally correct? This article is devoted to the answers to these and other questions.

Transfer of agricultural land to peasant farms

Farm land areas belong to agricultural lands. Russian land legislation defines them as land areas located outside populated areas, intended for agricultural needs and provided for these tasks.

Agricultural lands include peasant land, on-farm roads and communications, water bodies, as well as buildings, structures and structures necessarily used for the production, storage and further processing of agricultural products.

The mechanism for changing the type of land for farms is regulated by Articles 11 and 12 of the Federal Law “On Peasant (Farm) Farming”.

What is needed to change the type and purpose of land?

The sequence of necessary actions is as follows:

Having re-registered ownership of agricultural land, submit a petition for its transfer to a peasant farm to the executive authorities;
At the same time, prepare the required package of documents;
Having submitted the necessary documents along with the application, wait, since the decision on consent or refusal to transfer the land is made within three months.

If the competent authorities have issued a positive verdict on changing the permitted use of the land plot, then all you have to do is pay all mandatory payments and receive documents.

Documents for transferring agricultural land to peasant farms

To re-register land from the current type to an alternative type, send a petition for re-registration of land to the executive authority or local authorities that have the authority to accept such petitions.

The contents of the application for re-registration of land and the list of documents supplemented to it are regulated by:

Authorities of the constituent entities of the Russian Federation regarding agricultural lands or reserve lands, except for lands in the possession of the Russian Federation;
The Government of the Russian Federation regarding other lands.

In your application for re-registration of land plots, please indicate:

Cadastral number of the land plot;
The type of land in which the plot is currently included, as well as the type of land to which you plan to transfer the plot;
Argumentation for the need to transfer a plot of land;
Confirmation of the legality of ownership of the site.

Transfer of agricultural land to private household plots.

How to convert agricultural land into land for summer cottage construction, read here.

Read about the transfer of agricultural land to settlement land at the link:

Please attach the following to your application for re-registration of land plots:

An extract from the State Land Cadastre regarding data on the allotment of land, the re-registration of which from the category of land of the current type to another is to be converted;
A copy of the identity document of the applicant - an individual, or an extract from the unified state register for individual entrepreneurs or legal entities;
An extract from the Unified State Register of Rights to Real Estate and Transactions with It on the existence of your prerogative on an allotment of land, which you intend to re-register from the category of land of the current variety to another;
Conclusion of the state environmental assessment in a situation where its implementation is fixed by federal laws;
The owner’s consent to transfer the land to an alternative category;
Calculations of damage to agricultural production and deprivation of forestry.

Executive authorities or local authorities petition, bypassing the consent of the owners of land plots, for the re-registration of plots from one type to another without requisition from the owners, for the formation of specially protected natural areas, or due to the establishment or transformation of the boundaries of settlements.

Who can get a plot of land

The law allows the provision of land for KFK (peasant farm enterprise):

individuals who have reached the age of majority;
partnerships, cooperatives and societies for economic purposes;
municipal enterprises;
state unitary enterprises;
religious and commercial organizations;
communities with scientific, research, educational, experimental and production purposes;
Cossack minorities;
educational institutions with an agricultural profile;
small nationalities to preserve their original culture and way of life.

Farming is an activity that can be carried out either by one person or by a group of people who are related to each other (see How to open a peasant farm from scratch?). The founder of a farming business must be an able-bodied adult citizen. This same person is the chairman of the KFC. His responsibilities will include reporting to authorities, concluding transactions, business agreements and other legal actions.

You can become a member of the KFK from the age of 14. But these cannot be people working on this farm under contract. The group of people involved in agricultural production should include the chairman’s immediate relatives (spouse, parents, children, grandchildren, grandparents, cousins, nephews, stepparents, stepchildren). In order for a new member of the farm to enter, appropriate changes must be made to the Charter (it indicates the name and location of the farm, the purpose of the activity, the composition of management members, the rules for entering and leaving the enterprise, a seal and stamp).

State support program “Beginner Farmer” in 2017-2018 Interesting facts! If one of the spouses privatized the plot for himself, then the second can do the same in his own name, however, the property will be regarded as common property.

Features of transferring agricultural land to peasant farms

From a financial point of view, it is more reasonable to solve problems that have as their goal construction on agricultural lands without changing the intended purpose in the following way.

Since there is a town planning requirement for the minimum area of agricultural plots - at least one hectare, which must be taken into account in advance, you can first allocate plots of a given area with the registration of each of them separately, and after that re-register them as a peasant farm, or transfer immediately a whole plot of land turned into a peasant farm.

Peasant farming is, in essence, the acquisition of the right to build (on at least 30% of the territory), of course, with all the required design documentation for development.

If the entire plot has been converted into a peasant farm and you are going to build houses on it, then introduce potential developers (purchasers) into the farm and provide them with plots of land from the land of the farm itself. In other words, the farm area is divided into plots. To do this, it is also necessary to conduct a cadastral survey with internal division of plots. Secure the final internal section with an agreement signed by the owners, attaching a boundary diagram to it.

You can register allocated land plots only as your shares in common use, but, according to development projects, construction is allowed on them. Construction projects (finished or unfinished) can be registered for the acquisition of ownership rights in the prescribed manner.

Further, depending on the desire of the shareholders, they can either live on the territory of the original peasant farm on their own shares of the land, or “destroy” (by making internal decisions) the farm. Having chosen the latter option, contact the administration in order to obtain the appropriate resolution and subsequently register ownership rights to land for a peasant farm with certain boundaries, with the buildings on it previously registered as property.

What lands may be suitable for peasant farms:

Located close to transport infrastructure and power lines. This reduces the businessman’s costs for the delivery of feed and fertilizers, and the supply of electricity;
The presence of communications will reduce the time it takes to put a peasant farm into operation, the costs of this launch, and will create comfortable conditions while staying on the site. A developed communication network of the plot with a nearby settlement will allow the peasant farm not only to function successfully within the framework of agricultural activity, but also to engage in this noble activity in a favorable environment, paying special attention to comfortable working conditions for workers in this field, and will also help to comply with all sanitary and epidemiological requirements recommendations;
Areas that do not fall into the category of land prohibited by legislative acts;
Land, the area of which must be sufficient for running a peasant farm;
Lands in the immediate vicinity of which there is a settlement, for the purchase of the required equipment, sale of products and hiring of workers. The location of the plot in an area not so distant from the benefits of civilizations will allow you to engage in farming activities without unnecessary headaches and not be distracted by transport difficulties in the difficult task of caring for a peasant farm.

Options for obtaining land

There are two ways to obtain land:

Buying land. Before buying, find out all the information about this plot, what transactions were concluded, how many owners there are for this property. Get approval from each site owner. If everything is in order, then pay close attention to drawing up the contract for the purchase of the site. The state gives a period of one year to purchase land from the moment of notification to the State Services. After that, proceed according to the 4 steps mentioned above.
Lease of land with subsequent transfer to the ownership of the tenant. The meaning of this option is that the state provides land free of charge for a period of 5 years. During this period, the tenant is obliged to use it strictly specifically for the development of agriculture. In this case, no rent payments are received, and only land taxes for the plot are paid. In the sixth year, if this condition is met, the tenant can re-register the territory as his own property, with the right to dispose of it at his own discretion. This method of obtaining land is often used by privileged categories of citizens, such as large families.

Getting possession of land almost free of charge is a very realistic goal! And since land is not being produced, but tends to run out, you need to quickly decide on your desires and needs!

Refusal to transfer agricultural land to peasant farms

Municipal authorities have the right to refuse to re-register agricultural land as a peasant farm in the following cases provided for by the legislation of the Russian Federation:

The presence in the legal field, according to federal law, of a ban on the re-registration of land from one type to another;
The existence of a negative verdict from the state environmental assessment, if its implementation is declared by federal laws;
Finding differences between the requested land use and the accepted territory planning documents, as well as land management or forest management documentation.

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Deprivation of property rights

Alienation of property is carried out within the framework of Russian legislation. A plot may be seized in the following cases:

cluttering of the allocated land;
release of toxic substances into the ground;
violation of soil fertility;
soil damage.

To prove that these events occur, an official examination is carried out. A positive result may be observed if chemical or toxic waste is found on the site.

The authorities have the right to take away the site if it is not used for its intended purpose. In this case, it is easy to correct the situation by planting several fruit trees on it.