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The abbreviation individual housing construction is a very strong advantage in the eyes of land buyers. This is quite understandable: this type of permitted use (APU) allows you to obtain permanent registration in the house built on it; Communications to such lands, as a rule, are faster.

Individual housing construction is different...

At the same time, most buyers do not know that the letters individual housing construction designate not only the VRI of land in settlements, but also the object of individual housing construction - that is, the building itself. The paradox is that such a house can legally stand not on individual housing construction land - for example, it can be built on agricultural land for dacha construction. Because of this, confusion periodically arises. Often, buyers believe the promise that the plot they purchased “can be converted to individual housing construction.” The buyer is confident that, having completed certain actions, he will eventually receive a plot of land of the category “land of settlements” with VRI “for individual housing construction”. However, in most cases, all he will be able to do is change the VRI of agricultural land from “gardening” to “dacha construction”, and this is in the best case. Therefore, before buying a plot with such promised prospects, you need to learn the situations in which you can change the category of land.

Legal nuances of registering a site for the construction of a cottage village

The costs of registering a site will be very significant, therefore, to implement a business plan for the construction of a cottage village, it is worth taking into account the three points described below.

First, you need to decide on the nature of ownership - buy a plot of land or rent it in a prestigious area. You will have to pay a considerable amount, but you can save on construction work and infrastructure development of the village.

The second point is the purchase of land on the outskirts of the village. Significant amounts of money are saved here, which can be invested in infrastructure development. For example, it makes sense to build a store or leisure center. It is also desirable to organize a street network within the village.

Finally, the third point is that the characteristics of the cottages meet the minimum requirements of potential buyers.

The choice of the nature of the property depends primarily on who is the original owner of the land. If the territory is owned by the state, the site will have to be rented. It is better to purchase land from a private person.

Land plots for the construction of a cottage village on the territory of individual housing construction are expensive today, even if you rent them. In addition, there may not be enough free land for these purposes in the region chosen by the developer. Therefore, land is often acquired for different purposes (for example, the territory of a former industrial zone or agricultural land in rural areas).

Subsequently, the category of the territory changes, for which the developer applies to the regional authority. You have to pay extra for this event. The amount of the surcharge is determined by the difference between the cadastral value after the transfer of land to a new category and before this transfer. Then all the land is cut into plots, which are demarcated and registered in Rosreestr.

Some irresponsible developers do not complete the registration procedure. Fortunately, real estate buyers are now becoming more legally literate, and it is becoming more difficult for them to sell unregistered plots.

Is it possible to change the category of land?

The main thing to remember: individual housing construction is not a category of land, but a type of permitted use. That is, before transferring a dacha or garden plot to individual housing construction, you must first change the category of land from agricultural use to land in populated areas. And here a difficulty arises, in many cases insurmountable. Lands of populated areas exist exclusively within the boundaries of populated areas, and transfer to this category is carried out exclusively by expanding the boundaries of the populated area. So if your site is not adjacent to any settlement, transfer is not possible. In this case, you can only register your house as an individual housing construction project - this is possible if the VRI of your site is for summer cottage construction. The main thing to remember is that the house must meet certain requirements, otherwise the commission will not recognize it as suitable for living, that is, residential.

The best option for those who want to take advantage of the benefits of individual housing construction will still be to purchase land that initially has the category and VRI you need.

Infrastructure on the site for the construction of a cottage community

The composition of infrastructure elements is determined by the concept of the cottage village. If this settlement is located near a large city, it must be provided with all necessary communications.

In the case of constructing a dacha-type settlement, it is only necessary to provide electricity and water. However, in each specific case, the issue of required communications is decided on an individual basis. There is a likely situation where it is impossible to connect to the network, even if it passes near the village. The inability to connect here is due to the overload of this communication. The resource provider will help you assess all the risks.

As for transport accessibility, often there is not a single road connected to the village under construction. This is decided by the organization of access roads by the developer himself and subsequent approval by the local traffic police department.

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When constructing residential cottages, there is a need for social infrastructure. Previously, only elite villages could boast of being equipped with shops, schools, and entertainment venues. Today, a minimum set of social services is provided even in economy-class settlements. This creates fertile ground for healthy competition between developers.

Procedure for transferring land to individual housing construction

If you need a plot of individual housing construction, but for some reason you purchased land of a different category, you will have to worry about the transfer yourself. All procedures related to the transfer of land for individual housing construction can be carried out independently. However, not every consumer has an idea how to do this. This procedure is regulated by Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another” (hereinafter referred to as Law No. 172-FZ), and includes the following stages.

Submitting a petition. To transfer land from one category to another, you need to submit a petition to the executive body of state power or local government, which must indicate (see paragraph 3 of Article 2 of Law No. 172-FZ): the cadastral number of the land plot;
the category of land, which includes the land plot, and the category of land, the transfer to which is supposed to be carried out;
justification for transferring a land plot from one category of land to another;
rights to land.

The following documents must be attached to the application (see paragraph 4 of article 2 of Law No. 172-FZ):

an extract of information about a plot from the state real estate cadastre or a cadastral passport of this plot;

a copy of the identity card of the applicant - an individual, or an extract from the Unified State Register of Individual Entrepreneurs or the Unified State Legal Entity - for an individual entrepreneur or legal entity;

extract from the Unified State Register of Rights to a land plot;

consent of the owner of the land plot to transfer the land plot from one category of land to another.

Consideration of the application. The application submitted by you will be considered without fail; the law provides only two grounds for refusal: if it was submitted by an improper person (but you are the owner, i.e. the most proper person), or if the submitted documents do not comply with the requirements of the law ( see clause 2 of article 3 of Law No. 172-FZ). The result of consideration of this petition will be an act on the transfer of a plot from one category to another or on the refusal of such a transfer, which will be issued no later than two months from the date of filing the petition and sent to you within 14 days from the date of acceptance.

Grounds for refusal to change the category of a site. The legislation clearly defines the reasons why you may be refused to transfer a plot of land for individual housing construction. In the most common situation - the transfer of land from agricultural use to land in populated areas - the refusal will be justified by the provisions of clause 3 of Art. 4 of Law No. 172-FZ: “inconsistency of the requested intended purpose of lands or land plots with the approved territorial planning documents and documentation on territory planning, land management documentation.” To translate this wording from legal into Russian, you need to refer to the provisions of Chapter 2 of Law No. 172-FZ, which establishes the specifics of transferring agricultural land to another category. In paragraph 1 of Art. 7 of Law No. 172-FZ lists cases in which the purpose of agricultural land can be changed, and one of them is the establishment or change of the boundaries of populated areas. This is exactly what must happen for your dacha or garden plot to acquire the coveted status of individual housing construction.

The main conclusion that can be drawn from all of the above is that if your site is located far from the borders of existing settlements, it will not be possible to convert it to individual housing construction in the foreseeable future. Simply put, the lands of populated areas cannot be “torn off” from these same settlements; Individual housing construction in an open field is no less pure utopia...

Criteria for selecting a site for the construction of a cottage community

The construction of cottage villages is based on a certain concept, developed taking into account the current liquidity of housing. During this development, it is also necessary to predict the interest of home buyers at the time of completion of construction work.

The concept of any residential complex (from economy class to luxury housing) necessarily includes the following components:

an idea that is attractive to the target audience;
potential buyers who are interested in the above idea and who are ready to back up their interest with money.

After choosing a concept, they begin to search for a suitable site for construction. Sometimes this step is performed first. Then the concept of the village is formed for the selected territory. In any case, the development site and the conceptual idea must depend on each other. The ideal option is to perform these steps simultaneously.

The land plot for the village is selected according to certain criteria:

the choice between renting land and purchasing it as a property;
the legality of registration of title documentation for this site;
purpose of the site;
size of the territory, results of engineering and geological surveys;
remoteness from main utility networks, the ability to connect the village to them;
transport accessibility of the site;
the presence of external infrastructure, the possibility of its partial reorganization for internal use.

When choosing a plot of land, it is extremely important to determine the properties of the soil and the depth of groundwater. These parameters directly affect the selection of the type of foundation. For example, on clay soils it is advisable to construct buildings on bored piles, while for heaving soils it will be necessary to install a more expensive and complex strip foundation. Considering that the construction of the foundation accounts for up to 40% of the estimated cost, a potential buyer may not be interested in the option with an expensive foundation. In addition to the foundation of the house, the heaving of the soil also affects the construction of utilities.

In any case, it is advisable to consult with companies that will enter into contract agreements with developers. This will allow you to insure yourself against all risks.

The need for preliminary soil studies is obvious, despite the relative high cost of these activities. The cost of surveys depends on the area of the site and the complexity of the work. The results will pay off by minimizing possible risks.

How to be guaranteed to obtain individual housing construction

If you went out of town in order to build a house in the lap of nature and spend your vacations, weekends, or free time in retirement - buy plots with the category “land of settlements” and the permitted use of “individual housing construction”, or plots with the category “ agricultural land” and one of two types of permitted use: “for gardening with the right to build residential and commercial buildings”, and also “for summer cottage construction”. All these forms allow you to build a country house on your site. There are practically no differences between a site for a “dacha” and a site for “gardening”: all discussions on this topic on forums on the Internet are nothing more than nonsense. Both the category and the permission to use are mandatory indicated in the Certificate of Ownership and the Cadastral Passport of the site. Examples of evidence: