When intending to purchase a plot of land, you should clearly understand what parameters it should have in order to ideally suit specific tasks: locating a house, running a subsidiary plot or creating a farm. This article will focus on the plot of private household plots as one of the most common types of land use.
The legislation does not contain a clear definition of a private plot.
It follows from the Law on Private Private Farms that a plot of private household plots is a plot of land with a documented type of permitted use of the land - “for running private plots”, which was acquired and (or) provided to a citizen for running private plots.
Private subsidiary plot (personal subsidiary plot) is a form of activity of a citizen and his family members aimed at the production of agricultural products and their processing.
In order for such activities to fall within the definition of private household plots, they must meet the following criteria:
- There is no plan to make a profit (this is why the activity is officially recognized as non-entrepreneurial - with all the ensuing consequences in the form of the possibility of not keeping accounting records and not paying taxes).
- There are no hired workers, all work is performed exclusively by one family (or even one person).
- Products are produced for personal use, that is, to satisfy personal needs, and it is not prohibited to sell surplus products in any volume.
- The plot of land on which the activity is carried out is provided or acquired specifically for the management of private household plots and has a note about this in the documents.
Decoding
Lands in the Russian Federation are divided into categories, depending on their intended purpose, including agricultural lands (hereinafter referred to as agricultural lands) and lands of populated areas.
The lands of each of these 2 categories are further subdivided according to the type of use of the land plot. The plot of private household plots is unique in that it can relate to both agricultural lands and lands of populated areas.
A plot of private household plot is called a household plot if it is located within the boundaries of a populated area, in which case the category of land is defined as “land of populated areas.”
A plot of private household plot is called a field plot if it is located outside the boundaries of a populated area, in which case the plot falls into the category of agricultural land. [/box]
Categories of land and types of permitted use
Land plots have a number of characteristics that make it possible to identify them as a unique thing. In addition to the cadastral number, area, address and other things, land plots have a category of land and type of permitted use, let's look at these concepts in more detail. All lands of the Russian Federation are divided into categories according to their intended purpose and there are only 7 of them:
- Agricultural purposes;
- Settlements;
- Industry, energy, transport, communications, radio broadcasting, television, computer science, to support space activities, defense, security and other special purposes;
- Specially protected areas and objects;
- Forest Fund;
- Water Fund;
- Stock.
But there are much more types of permitted use of land of various categories. Types of permitted use were approved by Order of the Ministry of Economic Development dated September 1, 2014 No. 540 and compiled into a single classifier. So, “for running personal subsidiary plots” (LPH) and “for individual housing construction” (IHC) - these are the types of permitted use of plots in the category of land in settlements or agricultural purposes.
Purpose
The use permitted by law depends on whether the private plot is located within the boundaries of a populated area or beyond:
- On a private plot of land, you can build a residential building and any other buildings (subject to the rules that are the same for everyone - construction, fire safety, sanitary and hygienic and others, and you can also produce agricultural products (any kind: planting plants, raising animals and poultry, setting up an apiary) In a residential building built on a private plot of land, you can register at your place of residence, and it is also possible to receive a property tax deduction.
- On a field plot of land, you can only produce agricultural products and erect non-permanent buildings for this purpose (without a foundation). It is prohibited to build a residential building, and if it is built, it may be forced to demolish it. Naturally, there is no question of registration in such a house.
How can you manage
Private household plots can be purchased or rented. In the first case, the land becomes property. After the transaction and registration, the owner must have a certificate of ownership, a purchase and sale or donation agreement, as well as a cadastral passport.
The acquired land plot can be disposed of as you wish.:
- sell and buy;
- present;
- pass on by inheritance;
- rent out;
If a residential building is built on the site, you can register , since the private household plot located within the city has a postal address.
If the plot was leased , it can be sold or transferred, since the lease terms for a land plot are usually long. If you build a residential building during the lease, the plot can be registered as private ownership.
Minimum/maximum size
A plot of private household plots can be provided as a property or purchased.
If the land is issued by local governments or the state, then the size of the plot (minimum and maximum) will be limited by the standards established by the local governments. Thus, in Vladimir, a plot of land from 0.04 hectares to 0.15 hectares can be provided. In the city of Cheboksary - from 1200 to 1500 sq. m. m.
One family (one private household plot) may own (or otherwise have) a limited amount of land, as a general rule - 0.5 hectares. Regional legislation may increase this number, but not more than 5 times. In the Vladimir region, a private plot can be up to 2.5 hectares in size, in the Chuvash Republic it should not be more than one hectare.
Formation and design
The legislator stipulates that municipal bodies have the authority to determine the minimum and maximum size of territories of the category under consideration. Also at the federal level, the maximum area that a plot can reach is 2.5 hectares.
In this regard, it is indicated that persons owning plots must register as an entrepreneur or farmer. Such an action entails the payment of tax payments for its activities.
Maximum size of private plot
When a person wishes to obtain a plot to carry out activities on it, he will need to contact the administration of the municipality where the plot was chosen. For this purpose, an application is also drawn up. It reflects the personal data of the compiler, the types of real rights on the basis of which the allotment was obtained, the address where the land is located and its area (an approximate indication is allowed).
In addition, the applicant must provide data regarding all plots that he owns. When the administration makes a positive decision, a preliminary decision is made on the allocation of land.
Next, activities are carried out aimed at establishing the boundaries of the allotment and drawing up papers for it. Organizations carrying out project activities have similar powers.
This act is the basis for issuing orders regarding the establishment of boundaries and the establishment of ownership rights to land. A resolution, documentation for the site, and an order regarding boundaries are sent to the cadastral chamber - on their basis, a cadastral number is assigned, and documents are drawn up.
Size
Land legislation establishes the maximum and minimum area of the allotment, which is provided to persons from the municipal or state fund. The standard is established on the basis of acts issued by the municipality.
This suggests that the established sizes may vary significantly in different regions of the country. The basic order regarding the norms depends on the volume of land plots that are not used; the degree of their demand also matters.
However, legislative acts adopted at the federal level establish that the maximum size of the territory allocated for subsidiary farming should not exceed 1/2 hectares.
This rule is established for plots that are in use or ownership. At the same time, they indicate that regional authorities have the opportunity to increase this value, but not more than five times.
After considering this issue, it is not possible to answer exactly the minimum size. The legislator defined the maximum size quite clearly and is equal to 2.5 hectares. A clause is established that the subject has the right to set the maximum size himself, but not more than that specified.
Differences between private household plots and individual housing construction
Individual housing construction (individual housing construction) is a type of use of a land plot in which a citizen either independently builds a house on this plot, or the house is built entirely for him. At the same time, the built house has legally established restrictions on the number of floors (no more than 3) and the composition of residents (one family).
Both private household plots and private housing construction are intended for non-commercial use, i.e. do not involve making a profit.
However, there are differences:
- On any plot of individual housing construction, the construction of a residential building is permitted with further registration at the place of residence. On a private plot, the construction of a residential building is permitted only if the plot is located within the boundaries of a populated area (registration at the place of residence in such a house is also possible).
- The land tax on an individual housing construction plot is much higher than the similar tax on agricultural land. In terms of this parameter, a household plot of land does not differ fundamentally from an individual housing construction plot (the interest rate is either the same or differs slightly - for example, the land tax rate in the city of Vladimir is 0.3% for both individual housing construction plots and private household plots), and only field a plot of land without the right to build will be cheaper.
- Growing agricultural crops is allowed on the individual housing construction site. On a private plot, you can engage in not only crop production, but also livestock farming on any scale.
- On an individual housing construction site, the construction of a residential building is the responsibility of the owner (work must begin within at least 3 years, otherwise the owner can be held liable for misuse of the land), while on a private household plot, the construction of a residential building is only the right of the owner.
What is the difference and what is better – private household plot land or individual housing construction land
We have already understood from the two previous chapters that building an individual residential building in which you can register and live on a permanent basis is allowed both on the lands of individual housing construction and on the lands of private household plots (but only household plots). So let's now figure out how the lands of individual housing construction differ from the lands of private household plots. So, due to the developed infrastructure and engineering networks on individual housing construction lands, such plots have a higher cadastral value than private household plot lands, and as a result, higher market prices and land taxes. At the same time, personal farming is supported by the state at the expense of budgetary funds, i.e. in theory, it is possible to get a free connection to communications, water and energy supplies, but this, as they say, is inaccurate. But in terms of issuing permits for the construction of capital facilities, the lands of individual housing construction and private plots are completely identical: in both cases, the constructed residential property must fully comply with the current urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other norms and rules, which means you will have to run around with papers in both cases.
The conclusion suggests itself: there is no clear answer to the question “which is better – private plot of private plots or individual housing construction”; it all depends on your goals for using the land and priorities. If you want to raise chickens and plant potatoes, then private household plot land is better, if you want a cottage with developed infrastructure and all the amenities/benefits of civilization around, then individual housing construction is better. Focus on your true capabilities and needs, and we, in turn, wish you successful land ownership in all respects.
Which to choose?
The choice between private plots and individual housing construction depends on a number of conditions:
- Category of land and main purpose of use. For the construction of a residential building, either a plot of individual housing construction or a plot of private household plots from the lands of populated areas is suitable; for crop production - both individual housing construction and private plots; for livestock farming - only private household plots.
- Location of the site and availability of utility networks. When providing a site for individual housing construction, local governments are obliged to provide the necessary set of infrastructure: roads cleared in winter, electricity, water supply, gasification, public transport, hospitals, shops, schools - all according to the standards established by law. The owner of a private plot runs the risk of finding himself in a situation where he will have to pay for the creation of engineering and technical support networks; local governments do not bear such responsibility. Therefore, if there are no utility networks near the site, its low price in most cases will result in huge costs for the installation of utilities, and this should be taken into account.
- Maintenance costs. For private household plots, such costs will be lower (of course, if no communications are required), for individual housing construction sites they will be significantly higher, especially in terms of costs for gas and electricity prices.
When choosing a private plot, you should consider:
- Plot size. It must fit within the maximum size of the total area of land plots (0.5 hectares, if the law of the subject of the Russian Federation does not increase the specified area).
- Location of the site. For a private plot of land, it is important to have communications, for a field plot – access roads, for any plot of private household plot – the suitability of the plot for use, which is intended for breeding farm animals, growing plants, etc.
- Special programs to support private household plots adopted by local governments, i.e. those that are taken in addition to government support measures. If such programs exist, this moment may become decisive when choosing between two private plots located within the boundaries of different settlements.
What is this
Land plots allocated for private household plots reflect a special status. This status indicates that the plot is provided to an individual. Often, plots are provided in settlements with a small territory. You should also keep in mind that the sites are different from DNT and DNP.
As a rule, the location of the plots in question is associated with estates. In this case, they are understood as buildings whose purpose is permanent residence or economic structures. The purpose should be farming. This suggests that on the category of land in question, gardening, vegetable gardening, and also raising animals or fish is allowed.
The concept of private household plots
Allotments are transferred to a person on the right of ownership, or on the basis of lifelong ownership rights of an inheritable nature. Some allow the conclusion of rental agreements. In practice, there are two types of land:
- when it is located within the boundaries of populated areas, it is a household plot;
- if the location is outside the borders - field.
How to register a private subsidiary plot?
An extract from the household register will be useful in the future for obtaining loans and subsidies under programs aimed at agricultural development.
Citizens can run private plots from the moment of state registration of rights to a land plot and automatically stop running them in the event of termination of rights to the land plot on which private plots are maintained. Registration of personal subsidiary plot is not required.
However, in order to receive various subsidies, it is in the interests of the citizen running the private household plot to register the private plot with the local government, where a household book will be kept for the private plot. When registering, you will need to present a passport (passports of family members, if any) and title documents for the land plot (type of permitted use of the land - “for running private household plots”).
The following information is entered into the household book according to the owner of the private household plot:
- about persons who run private household plots;
- about the area occupied by various plantings of agricultural crops;
- about the number of farm animals, birds and bees;
- about vehicles and agricultural machinery.
The specified information is entered at the time of initial registration, and subsequently - annually as of July 1 by visiting farms by representatives of local government bodies and on other dates at the initiative of members of private household plots.
