How Much Land Can You Take for LPH?

The legislative framework

Land plots provided to citizens of the Russian Federation for organizing personal subsidiary plots are regulated by Art. 3 and 4 Federal Law No. 112 dated July 7, 2003.

The law provides a unique opportunity for persons from rural regions to register territories for their personal use for the organization of private household plots, even if they are in the possession of the state or municipalities. Subject to appropriate registration.

Citizens with city registration can also exercise the right to allocate territories if the administration has free land plots at its disposal.

Clause 4 of Art. 4 of the Federal Law provides for the conditions for the use by the population of personal plots , which are located on the territory of settlements, as well as outside its boundaries:

The plot, with the location of the land in a populated area of the agricultural zone, can be used for residential and commercial construction, growing crops and livestock.
Plots located in field zones outside the border of a populated area are used only for the cultivation of agricultural products by citizens of the Russian Federation.

Paragraph 5 of Article 4 defines the maximum size of the land plots provided and limits their size to 0.5 hectares for simultaneous use. But at the legislative level, the total area of land plots can be increased no more than fivefold .

Article 39.5 of the Land Code of the Russian Federation provides for the allocation of land areas for the organization of household farming to persons possessing professions that are in demand in villages.

The provision of plots for running personal subsidiary plots is carried out in accordance with the legislation of the Russian Federation, which establishes the category of persons enjoying such rights. The list of such persons is determined by the Law of the Russian Federation No. 4301-1 of January 15, 1993, Federal Law No. 5 of January 9, 1997, and Federal Law No. 138 of June 14, 2011.

How to obtain municipal land for private household plots

Pay attention to paragraph 4 of Article 28 - it emphasizes that it is not permitted to refuse to provide ownership of land plots in state or municipal ownership to citizens and legal entities for construction, except for cases specifically specified in the Land Code. There are only three such cases

How can they? The answer is “We don’t have land in the village” and that’s all. There is an agricultural company that most likely illegally occupied all the municipal lands, well, of course, not without the knowledge of the village council. The fact is that we have no young people at all, only old people aged 60-80 years, this is exactly how they answered me when I tried to purchase land. The most interesting thing is that there is a house, but no land. What does it mean. In our district, the allotment is 2 hectares, and in neighboring Ukholovsky for some reason up to 10 hectares per person. The region is one, but the laws are different. What can you do on 2 hectares if you deal with cattle? You can’t prove anything to anyone. So I’m going to contact the district agricultural department.

We recommend reading: How to Register a Person in an Apartment Without Ownership Rights Temporarily

Who has the right to receive a plot of land for free?

The right to receive land for running private household plots on a free basis can be used by persons whose categories are defined by higher laws.

This right has:

WWII heroes;
heroes of the Russian Federation;
full holders of all three Orders of Glory;
heroes of social labor;
full holders of all three Orders of Labor Glory;
families raising at least three minor children.

The provision of plots for personal subsidiary plots to other residents of the Russian Federation is regulated by legislative acts on the basis of general norms, requirements and conditions specified by laws.

Any adult, capable citizen of Russia registered and residing in the territory where the land plot is supposed to be allocated can exercise the right to allocate land in their region.

Representatives of professions in demand in the village can take advantage of the state program and receive land for personal farming based on the conclusion of an agreement with the subsequent transition of the territory into private ownership.

A plot of land provided for personal farming and in the use of the tenant for five years gives the citizen the right to receive it as his private property free of charge.

Would you like to receive land from the state for other purposes? Are you interested in building a house, cottage, or farming?

Then this article on the procedure for granting land will help you!

How much land can be taken for private farming

Natural questions for those wishing to open a private household plot: is there enough freedom in carrying out this type of activity, and what is the responsibility that falls on the owner? In short, this type of activity is not considered entrepreneurship, despite the fact that the products grown are considered the property of the owner and can be sold. Since the activities of private household plots are related to agriculture, it is appropriate to compare this form with peasant farming (peasant farming).

a personal plot of land, located within the boundaries of a settlement in an agricultural use zone, is intended for the production of agricultural products, as well as for the construction of a residential building, industrial, household and other buildings, structures, structures in compliance with urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations;
a field plot of land located outside the boundaries of a populated area, classified as agricultural land, is intended exclusively for the production of agricultural products without the right to erect buildings and structures on it.

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Conditions for issuing plots for running personal subsidiary plots

First you need to understand the conditions that must be met to receive land .

The provision of land plots for personal subsidiary plots is regulated by legislative acts of local administrations.

This is done by the method of allocating territories into ownership without drawing up a lease agreement or after the expiration of the free lease of land, where the main condition is the fact that the land was used by the tenant for its intended purpose.

Families can take advantage of receiving land plots under certain conditions, which include:

legally registered marriage of spouses;
lack of own housing;
lack of land plots;
registration and residence in the region provided;
the need to improve living conditions;
presence of a permanent place of work or registration of spouses with an employment center.

Attention! Requirements for the conditions for the provision of a land plot for private plots may be different; they depend on the geographical location of the region, its capabilities and local administrations, which are guided in their decisions by regional development programs.

You will learn the conditions for obtaining a land plot for running private household plots from the video:

How to register a personal subsidiary plot

You can open a private plot on a plot purchased or leased, provided that the land plot has the type of permitted use: “For running a personal subsidiary plot.” There is no need to register private household plots as a legal entity - you can grow fruits and vegetables or breed animals and poultry from the moment you receive the right to land.

Records of all private household plots in the territory are maintained by the local Department of Land and Property Relations (DIZO). To legalize your farm, you just need to contact the settlement administration to enter data about your new farm in the household register.

When registering a subsidiary farm, you will need the following information:

Full name and date of birth of the owner or tenant of the land, as well as information about family members;
Area of the plot and its cadastral number;
Number of animals and (or) birds, number of hives;
List of agricultural machinery, equipment and vehicles.

If you don’t yet have a plot of land for private plots, then the situation can be corrected quite simply.

Requirements for the allocated territory

Lands that, according to legislative norms, are provided to citizens of the Russian Federation for organizing their farms, must belong to lands of agricultural significance.

The maximum size of plots allocated to the population is fifty acres , but these areas of land plots, under certain conditions, can be increased at the legislative level to 2.5 hectares.

The characteristics of the regions allow local administrations to regulate the market for land provided to citizens, which completely depends on the terrain, the density of population of these areas, as well as the availability of free plots suitable for cultivation and living.

Have you ever wanted to live near a warm sea? Do you dream of a piece of land in Crimea, but don’t have the money to buy a plot? There is an exit!

Find out about the possibility of obtaining plots for private household plots on the peninsula!

The procedure for providing plots

The provision of plots for organizing subsidiary farming requires citizens to contact the legislative authorities, where the procedure for reviewing applications, checking and preparing documents will take a lot of time for recipients of land plots.

Step-by-step instructions will help you decide on the procedure for obtaining:

Part of the time in starting any land transaction is spent on preparing documents, which must be provided in advance, taking into account all the above information.
Copies of the passport, various certificates and confirmations must always be in several copies and provided along with the originals.
For different categories of persons there is a special list of documents provided for obtaining a land plot. The main ones include:
- passport;
children's birth certificates;
certificate of family composition;
a certificate received from the building management regarding the meters of living space;
extract from the house register;
a certificate from Rosreestr confirming the absence of land plots;
documents providing various benefits.
When the documents are prepared, they can be attached to an application signed by the citizen, which is drawn up in the name of the head of the administration in the region where the land is expected to be allocated.
The application is drawn up in the form of a request for the allocation of territory indicating its intended purpose.
The application is signed and left at the reception until it is reviewed.
After a 30-day waiting period for a decision, the citizen is informed about the positive or negative outcome of his case. In any case, the interested person receives a written decision to provide the site or a written reasoned refusal.
The next stage involves establishing the boundaries of the land plot (land surveying), which is carried out by local authorities on a certain day established by the administration, after which a resolution is issued on its implementation.
A new step is to contact the cadastral department, which provides for the registration of the land plot, the issuance of a passport for the land, as well as diagrams and drawings of the site.
The duration of such a procedure is limited to a one-month waiting period and 6-7 thousand rubles, which will need to be paid for the production of documents.
The documents received from the cadastral authorities return the procedure to the local executive authority, where a document is issued for a freely provided land plot or an agreement stipulated by law is concluded with conditions depending on the category of citizens who applied.
The agreement contains main sections, which include various subclauses. The main articles of the concluded agreement for the provision of land plots for private household plots are:
- date and place of signing;
name of the rental object;
property;
insurance;
period of validity of the contract;
rights and obligations of the parties;
purpose of the allotment;
Terms of Use;
significant restrictions on land use;
conditions and terms of transfer of land for use;
liability of the parties;
force majeure;
final provisions;
address details of the parties with signatures.
Documents received within the executive branch are registered by Rosreestr.

We do not recommend completing the documents yourself.
Save time - contact our lawyers by phone: 8 (800) 350-29-87 Moscow

Attention! The resolution provided by the administration must contain information about the exact location of the allotment, as well as the parameters of the allocated land area.

Now let's talk about in what cases the allocation of territory may be refused.