Features of gardening on agricultural lands

Gardening on agricultural lands has a number of features.
Any action that the owner of the plot wishes to carry out on the plot belonging to him must correspond not only to the intended purpose of the land, but also to the type of its permitted use (VRI, indicated in the cadastral passport of the plot).

According to the current Federal Law No. 217, citizens who are the happy owners of plots intended for gardening have the opportunity to:

• enjoy the fresh air;
• grow fruits, berries and other agricultural crops;
• rest;
• erect residential and commercial buildings and much more.

General information about the category

The Russian Federation has vast land areas, most of which are classified as agricultural.

It is these “green spaces” that are one of the country’s most important assets , as they are used for the following purposes:

• agricultural production;
• creating the necessary infrastructure;
• production activities;
• product processing;
• construction of residential and commercial buildings;
• transport needs;
• permanent residence.

Such a wide choice of possibilities for using agricultural land is due to the fact that, according to the Land Code of the Russian Federation, they are intended to serve the full cycle of growing agricultural products .
That is, if such a need arises, farmland can become a “home” for the administrative building and for warehouses and residential buildings for workers.

Land plots with the type of permitted use “Gardening” are most often also located on lands of this target category.

What to do if you can’t build

If the construction of a residential building on your garden plot of land is impossible for some reason, it is worth finding out whether it is possible to change the VRI to the following:

• Individual housing construction. Advantages in creating infrastructure and utility networks at the expense of the budget. But construction will require a design, permission and subsequent approvals from various authorities. And the land plot must have the category “Land of populated areas”.
• For running a dacha farm. The plot will have a lower cadastral value and a lower taxation level. The building can be registered under the “dacha amnesty”.
• Private household plot located within the boundaries of a populated area. May have a significant area, simplified procedure for registering a structure.
• A peasant farm is suitable for owners running a farming business. The plot area can be large.

Horticultural plots are characterized by high soil fertility, so to change the VRI, you may need to prove its deterioration, or have another compelling reason for the transfer.

Features of plots located on agricultural lands

The concept of “gardening” is widespread. For most Russians, it means the acquisition of land on which citizens have the opportunity to grow vegetables, fruit and melon crops, shrubs and simply relax.

From the point of view of Russian legislation (Federal Law No. 217), gardening for one’s own needs on agricultural lands is possible in cases where they belong to any of the following communities :

1. Gardening partnerships (SNT).
2. Horticultural non-profit cooperative (SNK).
3. Horticultural non-profit partnership (SNP).

These lands have a general code of 13.2 according to the VRI Classifier and allow owners :

• construction of an individual residential building in which the owner will reside periodically (without the right to register with the Federal Migration Service);
• construction of any related and outbuildings (bathhouse, garage, barn, poultry house, gazebo, etc.);
• growing vegetables, berries, trees and shrubs, melons;
• growing flowers or mushrooms, etc.

Depending on how the land plot was acquired, whether privatization or allotment was carried out, the form of ownership of the plot may also be different.

There are several types
of ownership of horticultural land:

• individual - a citizen can be the legal owner of a piece of land located within the garden partnership;
• collective - only the right to use the land plot, which is owned by SNT, is acquired.

In 2021, the new law “on gardening” Federal Law No. 217-FZ came into force, which will leave only one form of existence for gardening - a non-profit partnership .

Significant changes also affected residential buildings on agricultural lands with the VRI “Maintaining Gardening”. Gardeners will be able to build permanent residential buildings intended for year-round living and register in them. The situation with infrastructure and public goods has also improved significantly.

When purchasing a plot of land for gardening, you need to clearly understand how exactly you want to use the plot. That is why it is so important to pay attention not only to the category of land, but also to the type of its permitted use.

For example, the VRI 1.5 classifier code is called “gardening”. But these lands are not suitable for relaxation and for the whole family to go out on weekends to the green lawn under the shade of young apples and cherries.

Lands with VRI 1.5 are intended for agricultural production and are suitable only for those who intend to engage in a serious business related to gardening.

Accompanying procedures and documentation

To start construction, you need to purchase a plot of land in SNT . This can be done by contacting one of the existing dacha partnerships with an application to the board of SNT, DNT DNP. The board has information about vacant plots offered for sale. Here you will find the coordinates of dacha sellers who should be contacted to view and select a suitable plot.

The buyer must have only a civil passport. In some cases, they contact the administration of a locality with an application to purchase land plots on agricultural lands for the formation of a summer cottage and the construction of a house.

After the plot has been purchased in a holiday village, you need to obtain:

• a receipt (receipt) for depositing money for the purchase of the memory;
• agreement to purchase a share of land property;
• minutes of the general meeting on the acceptance of the new owner as a member of the Partnership;
• membership book of the Partnership.

With these documents you need to contact Rosreestr or the MFC to register the acquisition of land by paying a fee of 350 rubles. An exception is when the lands of the holiday village are not owned, but leased from a legal entity . In this case, registration of a land plot on which a country house is not built is not required.

The resulting plot must be registered with the cadastral register and have a general cadastral passport, which is kept by the chairman of the board. For citizen landowners, internal land surveying must be carried out, and the boundaries of each plot must be fixed by a land surveying project.

If the right to lease agricultural land for a summer cottage is purchased from the administration, the plots are prepared and already have boundary boundaries. As a result of the auction, the interested party receives :

• protocol on the results of the auction;
• administrative act on the allocation of land plots;
• rent receipt.

With these documents and a passport, you need to go to Rosreestr or MFC, paying a fee of 2,000 rubles. Write an application for registration of rental rights, attach a package of documentation. After registration, you will receive a cadastral passport of the land plot and an extract from the Unified State Register of Rental Rights.

Having completed the design of the site, you can begin building a country house . If a house is being built in SNT, then the board must have a master plan for the development of the holiday village. In it, based on the survey project, the development parameters that must be followed are indicated.

The master plan for the development of the village must first be approved by the chairman of the board of administration. If the site was purchased from the administration, the construction permit is approved here.

Reference . According to the norms of the town planning code, it is not necessary to draw up a construction project for a house lower than three floors.

Additionally, SPOZUs are prepared if utility lines need to be installed:

• gas;
• electricity;
• water supply and sewerage.

SPOZU are prepared on the basis of geodetic documentation, which is prepared as a result of topographic survey of the site. It is also advisable to use this survey to select a place to build a house so that the foundation does not sag due to nearby groundwater.

After the construction of a house, it must be registered with Rosreestr by writing an application, attaching documentation permitting its construction and a package of documentation for the land. A state duty of RUB 2,000 must be paid in advance. The registration period is within one month.

Construction

As the owner of a land plot with a certain type of permitted use “Gardening”, the owner can afford the construction of the following objects (without approval and obtaining permits):

• bath;
• garage;
• barn;
• outdoor toilet;
• gazebo of any complexity;
• greenhouses;
• garden house for relaxation;
• vegetable storage, etc.

An important condition for the construction of any structure on a land plot is compliance with the rules of SNiP No. 30-02-97. They provide basic requirements for buildings (number of floors, area, etc.), distances between buildings and other rules for planning and developing your own garden plot.

Grounds for refusal

Your application may be denied for several reasons:

• the presence of restrictions that do not allow the transfer of land to another category in accordance with the law;
• ecologists did not give a positive conclusion based on the results of measurements of the necessary parameters;
• the intended purpose of the land does not correspond to the documents;
• The site is classified as special purpose land.

There are other reasons that may be an obstacle to transferring land to another category. However, you always have the right to go to court to challenge the refusal received.

Before buying a plot, carefully read the documents to find out whether the previous owner violated the intended purpose of the land. However, it is not always possible to purchase land for individual housing construction, so we have to decide on the transfer of agricultural land to a new status.

conclusions

Agricultural lands with VRI “Gardening” provide their owners with almost complete freedom of action . It is allowed not only to actually grow fruit or vegetable crops, but also to conduct residential and commercial construction.

Having built permanent housing or a garden house, you can fully enjoy your country holiday:

• cultivate beds;
• plant seedlings;
• grow flowers;
• enjoy the sun and nature (as a rule, gardening plots are located in the most environmentally friendly areas and have a high level of soil fertility).

The main disadvantage of such land plots, the impossibility of registration, will be eliminated in the near future, after the entry into force of the new Federal Law No. 217 on horticulture and horticulture.

How to transfer land to another status

First, you should determine whether your site is included in the list of protected lands or special purpose areas. In this case, you will not be able to change its status under any circumstances.

To transfer land to another category, you will need to apply to the local authorities.

If the plot is owned by several citizens, then an application must be written from each of these persons.

Prepare documents for application. You may need the following documents:

• applicants' passports;
• consent of all owners, or statements from each owner;
• an extract from the Unified State Register confirming ownership of the plot;
• cadastral passport;
• positive conclusion from environmentalists.

Other documents may be required; the full list must be clarified when submitting your application.