How can agricultural land be converted for summer cottage construction?

I faced the issue of transferring land from agricultural use to individual housing construction at the beginning of 2021, having bought a summer cottage plot I liked in the hope of transferring it to the status of individual housing construction.

You need to build your house in strict compliance with Russian legislation. Private developers who have neglected this rule have been trying for a long time and often unsuccessfully to legitimize their self-construction. The first thing to do is to resolve issues with the category of the land plot.

Russian legislation identifies several categories of land to which a land plot may belong. And it should be noted that not all categories provide the opportunity to carry out individual housing construction. And then, in order to achieve his goal, the owner needs to change the status of an agricultural land plot into the category of land for individual housing construction.

Individual housing construction or SNT - which is better?

Land plots located within the boundaries of populated areas - cities, towns or villages, or adjacent to them, belong to the lands of individual housing construction (IHC).

electricity;
water pipes;

They are allowed to build permanent houses for permanent residence. This construction should be carried out only after the house design has been agreed with the local authorities and permission for construction work has been obtained. After the official commissioning of the house, ownership rights are recorded in Rosreestr. Then you can register with them permanently.

Agricultural lands are located outside the boundaries of settlements. They are intended for farming, growing various agricultural products, and placing buildings necessary for their production and storage.

A common example of such land is a gardening non-profit partnership (SNT).

The video explains the differences between the lands of SNT, DNP, DNT.

Why you may need to transfer the status of land

As the owner of a plot of agricultural land, you have the right to use it exclusively for these purposes. It is possible to build utility rooms and a permanent residential building on it, but obtaining registration in it will be quite difficult. You can do this only by proving that you live in it all year round.

When registering ownership, regardless of the size and quality of the house, you will only own a “country house”, which significantly reduces its value upon possible sale.

Transferring the status of a plot from agricultural land to individual housing construction means performing a procedure as a result of which it will be included within the boundaries of the settlement and taken into account in the corresponding zone of its master plan. This will make it possible to build a permanent structure, record ownership rights and register permanent registration in it.

The procedure for transferring a plot of any purpose to individual housing construction is determined by two main acts:

Land Code of the Russian Federation
Federal Law No. 172-FZ dated December 21, 2004.

The transfer of land category itself is free, but will require a lot of time. The popularity of the procedure for transferring land into the individual housing construction category is also due to the fact that land in this category has a great advantage when selling - the tax code allows you to make a tax deduction when selling it.

How to create a SNT on agricultural land

Regardless of how large and substantial a house you built on the SNT site, according to the documents it will still be listed as a country house. Depending on this, the expert assessment of your home may be low if you want to sell it, difficulties will arise with registration of all family members, etc.

Since it is planned to build a residential building on individual housing construction, and not a garden house, you will need to coordinate your construction project with the relevant organizations and services and obtain all permits. During construction, you will need to comply with all existing GOSTs and SNiP rules. Upon completion of construction, the residential building will need to be properly put into operation, again coordinating all issues with existing authorities.

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Methodology for transferring land from agricultural use to individual housing construction

Where to apply for registration

To obtain permission to change the category of a land plot, you should contact the local authorities under whose jurisdiction the plot is located:

if it is located within the city - these are the city authorities,
if behind it are district ones.

Only the owner of the site can submit a petition. In the case of shared ownership of land, applications from each owner are required.

Required documents

When submitting an application to change the category of a plot of land, the following must be attached to it:

a copy of the applicant's passport;
consent of all owners to the planned change in the category of the site;
an extract from the real estate cadastre or cadastral passport of the plot;
a document establishing the rights to the site - an extract from the Unified State Register;
a positive conclusion from an environmental assessment, if it is provided for by federal laws;
calculations of agricultural production losses as a result of the withdrawal of a site from their composition.

Step-by-step instructions for translation

The procedure for transferring a plot of land to the individual housing construction category consists of two stages.

Step 1. A request for transfer is submitted to the local government authority.

The application must indicate:

land rights;
cadastral number of the plot;
the current category of the site and the category to which the transfer is planned, i.e. individual housing construction;
the basis for changing the category, that is, proof of the legality of placing the house on the site, taking into account compliance with all sanitary, urban planning and environmental standards.

The documents mentioned above are attached to the application.

Step 2. Receive the results of the consideration of the application.

The result of the review will be either the issuance of documents on the transfer of a plot of land to individual housing construction, or a reasoned refusal to transfer.

Documents are reviewed for two months from the date of the application, you will receive a response within two weeks after the local government body makes any decision.

If the application is approved, the owner can only re-register the plot by contacting Rosreestr to make changes. If the transfer is refused, the refusal can be appealed in court.

A refusal can be received for several reasons:

the petition was not submitted by the owner of the plot;
the documents attached to the submitted application do not meet the necessary requirements;
injunction or restriction on the disposal of the site;
negative conclusion of environmental impact assessment;
non-compliance of the category of individual housing construction with the master plan of the settlement.

Possible complications

When you start transferring your plot to individual housing construction, you may encounter some difficulties both during the collection of the required documents and during the re-registration itself.

A number of requirements must be met:

the land plot in question should be geographically easily connected to the lands of its settlement;
transfer to individual housing construction does not contradict the master plan for the development of the settlement;
To obtain permission to transfer agricultural land, a positive conclusion from an environmental assessment is required;
The cadastral value of a land plot should not significantly exceed the average value of plots in the region or city.

Often, the cost of agricultural land is significantly less than the cost of plots for individual housing construction, and such a transfer causes its price to automatically rise. But the law does not provide for compensation for such a difference in value, and the existing unspoken practice of claiming it is illegal.

It is also necessary to remember that if a land plot has been transferred to the individual housing construction category and a house has not been built on it within 10 years, then the land tax will be twice as high. Therefore, after re-registration of the land category, the construction process should not be delayed.

Transfer of a garden plot from SNT to individual housing construction

A garden non-profit partnership (SNT), just like individual housing construction (IHC), has characteristic advantages and disadvantages, which will be discussed further. When purchasing land from the SNT category, difficulties often arise related to communications located on the territory or the lack thereof. This makes the site unsuitable for permanent residence, which means that a country house built on it cannot be considered fully residential and cannot be registered in it.

Read also: Prior right

On the other hand, plots for individual housing construction, on the contrary, have all the conditions required for permanent residence and have all the necessary communications on the territory. This will allow the owner to spend significantly less time resolving formal issues, but this is only relevant before purchasing a land plot. If the existing real estate belongs to SNT, then we may be talking about the possibility of transferring the plot from one category to another.

This procedure can be called quite simple, since it consists of collecting the necessary documents, submitting them along with the application to the local administration and waiting for a response. The only thing that can complicate the task is the absence of any necessary papers or the presence of inconsistencies in them.

What does individual housing construction provide?

Individual housing construction, also known as individual housing construction, implies precisely that form of ownership in which the property is of a purely individual nature. This gives the owner the right to build on his land any residential building that does not exceed three floors and does not violate current laws. Also, in addition to residential buildings, garages, bathhouses, and outbuildings are allowed.

In order to correctly approach the choice of such a real estate property, you should keep in mind in advance that a residential building that can be built on the territory must be intended for housing only one family. In addition, it is necessary to register the rights to it within no more than three years after the land is acquired.

Before construction begins, you should draw up a house project and be sure to submit it for approval from the local regulatory authority. Only when all permits have been received can construction begin.

Land plots of the individual housing construction category, unlike similar SNT or dacha partnerships, give their owners significantly more opportunities in terms of residential development. If a citizen does not plan to permanently reside in this territory and does not need registration there, then you can get by with building a summer house by submitting a request for permission directly to SNT.

You can transfer a plot of land from the SNT or dacha partnership category to the individual housing construction category by following the following sequence of actions:

Submitting a corresponding application to the local administration, indicating in the document the original and desired category of the land property; — Attachment to the application of cadastral papers, title documents (sale and purchase agreements, deeds of gift, rent, inheritance, exchange) and other things; — Providing written consent certified by a notary on behalf of all co-owners of the property to transfer the garden or dacha plot to another category; — Waiting for a response within a month.

The administration's response is provided in writing, to which is attached an act with information about whether it is possible to transfer the land plot from SNT to a plot for individual housing construction or whether such a request is impossible.

Fundamental features

In order to make a final and correct decision on transferring an existing dacha or garden plot of land into the category of land for individual housing construction, it is necessary to highlight their characteristic features. This will allow you to compare what is currently available with what the person will receive upon completion of the procedure.

Land of a gardening non-profit partnership

— Agricultural purpose of the territory; — Allowed to be used for gardening and horticulture; — The site may in the future become the property of SNT participants; — The construction of a residential building is allowed, in which, if certain conditions are met, one can register and live permanently (in practice it is difficult, but realistic)

Land for individual housing construction

— Unhindered registration in a residential building built on the territory; — Location near a populated area or within its boundaries; — Developed and accessible infrastructure (roads, medical facilities, shops, schools, kindergartens, etc.); — Possibility to reimburse taxes after a residential building is built

It can also be noted that the lands of a dacha and garden partnership, that is, SNT, are often located far from populated areas and have some restrictions on rights and additional obligations to other participants.

Re-registration procedure

The transfer of a plot of land from the SNT category to individual housing construction is regulated by Russian legislation and has a general procedure for all citizens. The interested person submits a petition to the local administration or other local government body with information about the property and his wishes indicated in it. The application is submitted by the owner of the land in person, along with a list of necessary documents. This list must also include an extract from the Unified State Register of Rights to Real Estate.

As for title documents, you will need not only a certificate of ownership, but also other papers on the basis of which this right was obtained. In addition, only persons with Russian citizenship have the right to transfer a site to another category.

To determine for yourself whether it is really necessary to transfer the SNT property into a plot for individual housing construction, you should first clearly indicate what and how this property is planned to be used for, and whether such a decision will actually be profitable.

individual housing construction

- this is a type of permitted use that allows the construction of a residential building. Such lands belong to the category of land in populated areas.

The garden plot is intended for growing crops and recreation for the owner. It is possible to build a residential building on it for temporary residence. A garden plot has the same purpose, but it is not always permitted to build buildings on it for domestic use and/or residence. A dacha plot allows you not only to grow plants, but also to build houses, register and live in them permanently (not on all types of dacha plots).

In a garden, vegetable garden and summer cottage, the main thing is growing plants, and the main thing is residential development.

Gardening, gardening and dacha non-profit partnerships - SNT

,
ONT
and
DNT
are voluntary associations of owners of garden, vegetable and dacha land plots.

The difference in powers of owners of plots of different uses does not always satisfy their needs. Therefore, the law allows changing one type of permitted use to another in accordance with the established procedure.

The transfer of land in the case of plots for gardening, vegetable gardening and summer cottages to individual housing construction is always associated with a change in the category of land to.

Documents for transferring agricultural land to SNT

Before you begin the procedure for transferring a plot of land that is officially registered as ownership or provided for use in accordance with a concluded lease agreement, from the category of agricultural use to individual housing construction, familiarize yourself with all the nuances of this procedure, assess the possible risks and think about what actions need to be taken in order make the transition. Submit the completed application and required documents to the municipal authority that has jurisdiction over the area.

The most significant factor is the correct preparation of the application, which must include all information about the allotment. Be sure to write down the reasons for transferring land to another category.

Attach to the application documents that confirm that the land is owned or provided for use in accordance with the concluded lease agreement. The list of documents that must be submitted along with the petition may vary depending on individual circumstances.

But the following documents are required:

Identity document;
A certificate that proves that the plot is owned;
Extract from the cadastral register;
Environmental audit results;
Cadastre plan and passport for land plot;
An act indicating that the copyright holder agrees to change the category of land.

The application, according to the law, is considered within 2 months. After this time (and in some cases earlier), the applicant is given permission to transfer or refuse to re-register the plot, which was received under a lease agreement or purchased, from agricultural land to individual housing construction. But if any problems arise, the decision-making period can be extended to six months.

A qualified specialist can handle the collection and preparation of the necessary documents. Citizens of the Russian Federation are often interested in how much it will cost to transfer land from SNT to individual housing construction. The price of the procedure depends on a number of conditions, including the characteristics of land ownership, but most often it is no more than 30% of the value of the plot indicated in the cadastre. When submitting papers, be sure to pay the state fee.

There are cases when, despite the fact that all the rules and procedures prescribed in the legislation were followed with absolute accuracy, the municipal authority decides to refuse the applicant’s application. Most often, this happens due to a discrepancy between the information reflected in the documentation and the real state of affairs, or due to the fact that the land is located in an area for which a special purpose is prescribed.

How to change the category of a land plot?

The regime of a land plot is determined not only by the type of permitted use, but also by the category of land. Sometimes, to obtain permission for individual housing construction, it is not enough to change the type of permitted use - you also need to change the category.

To change the category of a land plot, you must submit a petition to the executive authority (ministry, committee, department in charge of land management issues) or local government authority (administration). Which body you need to contact depends on the subject. A list of executive bodies and issues subordinate to them can be found on the website of the subject of the federation or locality.

The following must be attached to the application:

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 to another;
rights to land.
copies of documents proving the identity of the applicant (for applicants - individuals);
an extract from the Unified State Register of Individual Entrepreneurs (for applicants - individual entrepreneurs) or an extract from the Unified State Register of Legal Entities (for applicants - legal entities);
an extract from the Unified State Register of Real Estate for a land plot, the transfer of which from one category of land to another is expected to be carried out;
consent of the legal owner of the land plot to transfer the land plot from one category to another, except for the case if the legal owner of the land plot is the person with whom an agreement has been concluded to establish an easement in relation to such land plot.

The list of attachments to the application should be clarified with the department.

After review (usually within two months), you should receive a response. The body adopts an act on the transfer of land from one category to another or an act of refusal. An act on the transfer of lands or land plots or an act on refusal to transfer lands or land plots is sent to the interested person within 14 days from the date of adoption of such an act.

The refusal can be appealed to the court. If the answer is yes, an entry is made in the Unified State Register of Real Estate.

Refusal is possible in the following cases:

the petition was submitted by an inappropriate person;
documents are attached to the application that do not comply with legal requirements;
establishing restrictions on the transfer of lands or land plots from one category to another or a ban on such transfer;
the presence of a negative conclusion of the state environmental assessment if its implementation is provided for by federal laws;
establishing a discrepancy between the requested intended purpose of land or land plots and the approved territorial planning documents and documentation on territory planning, land management documentation.

Changing the category of land from agricultural to residential lands involves changing the boundaries of a populated area. The location of the site near a populated area also affects the possibility of its transfer from agricultural land.

Cost of transferring agricultural land to SNT

Before starting the procedure for transferring land between categories, establish for what purpose it will be carried out. The choice of the most suitable category depends on this. Also take care of the financial side of this issue.

In 2021, you will have to pay 9-12 thousand rubles to transfer land from one category to another, which is 2-3 thousand more than before.

But the final amount will be announced only after specialists have assessed the level of complexity of the work they will need to carry out. In addition to investing money, take care to find a lawyer who will represent your interests in dialogue with government officials, especially if you do not understand all the intricacies of the upcoming procedure.

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How to change the type of permitted use?

If the change in type occurs within one category of land, then the procedure becomes simpler. Previously, the owner was obliged to apply to the head of the local administration with a petition, the head scheduled a public hearing, during which the petition was considered and a decision was made on it. Now the procedure has been significantly simplified.

You need to do the following:

Prepare documents and submit them to the local administration. The administration is selected not according to the place of residence of the owner, but according to the location of the land plot. The package of documents includes:

A reasoned application with a request to change the type of permitted use (the application form has not been approved, but it is advisable to use the one recommended by the administration);
A copy of the owner’s passport (he provides the original personally for verification; some administrations may request a notarized copy, but this is rare);
Title documents for the land plot;

Local regulations may provide for other documents, for example:

A diagram of the location of the land plot, designed in such a way that the person considering the application can clearly understand where exactly the plot is located;
An extract from the Unified State Register of Real Estate, which indicates the characteristics of the site;
Territory planning project;
A copy of the document for the erected building (if available);
Power of attorney (if the owner applies through an intermediary);
The lessor's consent to change the type of permitted use (when renting out the site).

This list is approximate and may change at the discretion of the administration. Therefore, before sending the package for consideration, it is worth coming and familiarizing yourself with the list of required papers. Often the list can be found on the official website of the administration.

The package of documents is sent in person, through a representative or by mail. Some administrations make it possible to send documents for preliminary review by email, but the originals will still need to be provided later.

The issue is considered for about 2 months, but no longer than 60 days.

In some regions, payment for municipal services is provided, but in most regions it is provided free of charge.

After consideration, the owner is notified of the need to appear at the administration and receive a decision. The decision is received either by the owner himself or his representative. In the first case, the person who appears presents a passport, in the second - a passport and the original power of attorney.

The solution can be of the following types:

Permitted type of use of the land plot in accordance with the request,
Refusal of a request to change the permitted type.

The refusal can be appealed to the court.

With a positive answer, the owner or his representative contacts Rosreestr to make changes to the Unified State Register. Information is also often sent by the local administration. This point needs to be clarified with an administration employee. Changes to the register are made within 15 days. If this does not happen, then you need to contact Rosreestr yourself.

Final provisions

Changing the type of permitted use does not automatically mean the right to individual housing construction. The right to develop an individual housing construction site must be obtained separately from the authorized body. issued by the local government body at the location of the land plot.

The construction of garages, utility and household non-permanent buildings does not require obtaining a permit, since it does not relate to residential construction.

Good afternoon, first I will state the essence of the situation. My wife and I sold our apartment and bought a garden plot. We took out a loan and built a house with all the amenities. We have a small son, by the way, the plot is located in the residential sector, right on a residential street, next to a kindergarten, school, shops. Question: how to transfer a house or plot to individual housing construction and where to start? Thank you for your attention.

Answer

Hello, Ruslan.

Before transferring a horticultural plot to individual housing construction, it is necessary to change the category of land from agricultural use to land in populated areas. The lands of populated areas must be located within the boundaries of the populated area; it turns out that transfer to this category occurs by expanding the boundaries of the populated area. Since your site is either within the boundaries of or adjacent to a populated area, such a transfer is possible. The process of transferring land from one category to another is enshrined in Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another.” To transfer, you need to submit a petition to the executive body of state power or local government. In the petition, indicate the rights to the land plot, its cadastral number, the category of the land and the category to which you want to transfer it, with justification for the reasons for the transfer. Attach the following documents to the application: cadastral passport of the plot, a copy of your passport, an extract of rights to the land plot from the Unified State Register of Rights to Real Estate and Transactions with It, consent of the owner of the land plot to transfer the land plot from one category to another. Your application must be considered; consideration can be refused only if it was submitted by an inappropriate person or the documents do not comply with legal requirements. The decision must be made within two months and communicated to you within fourteen days.

How to create a SNT on agricultural land

1. When zoning a territory, zones are determined that are most favorable for the development of horticulture, market gardening and summer cottage farming based on natural and economic conditions, as well as based on the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimal restrictions on the use of land is ensured plots.

2. Zoning schemes for territories for the placement of horticultural, vegetable gardening and dacha non-profit associations must contain information about the location, area and intended purpose of land plots, the permitted use of land plots, as well as information about the rights under which land plots in a specific zone can be provided to citizens.

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