Purpose of lands for private household plots. What can you do with them?

Registration of land for personal subsidiary plots

How to take or obtain land for private plots? Answer: Taking land for personal farming is as easy as shelling pears. come to the office, select a site and complete the paperwork. In addition, you, as the owner of private household plots, must have permanent registration in an area that falls under the “rural” category, and the title documents for the land plot must indicate the type of permitted use of the land with any of the following wording: for the development of personal farming for personal subsidiary plots for running a subsidiary plot for running a personal subsidiary plot, in contrast to a plot for individual housing construction (IHC).

Registration in a residential building located on a private plot

In accordance with the legislation of the Russian Federation, houses built on private plots of private household plots are considered suitable for living. Thus, the owner of the house and his family members can register at the place of permanent residence, provided that the residential building complies with the current rules and regulations regarding individual housing construction. Compliance with these standards is checked by a special commission at the time the building is put into operation.

Registration at the place of permanent residence is carried out on the basis of title documents (certificates of registration of ownership of the house and land).

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Why change the category of land?

In accordance with Article 7 of the Land Code of the Russian Federation, all land territories in Russia belong to a certain category. Citizens can own:

• settlement lands - intended for the construction of residential buildings, individual housing construction or multi-storey construction;
• agricultural lands - intended for personal farming.

The intended purpose is the main feature of the use of a land plot. The permissible use of the allotment is specified in its cadastral passport or extract from the Unified State Register of Real Estate. This feature must be observed by land users. Otherwise, government authorities have the right to use various preventive measures.

Failure to use agricultural land for its intended purpose (for example, the construction of a residential building on it) or failure to at least begin construction work on a site for individual housing construction after three years is punishable by penalties. It will not be possible to register a building erected without authorization; it will not be possible to register in it or provide the necessary communications to it. Most likely, by court decision, such an object will need to be demolished.

Simply put, if you build a house on a plot of private household plots or engage in personal farming on land for individual housing construction, the consequences will be very unpleasant for the landowner. In some cases, a plot may be seized due to inappropriate use.

To avoid negative consequences, Art. 8 of the Land Code of the Russian Federation provides for the possibility of transferring land from one category to another with a change in purpose.

Construction on private plots

According to Federal Law No. 112, the construction of residential buildings, as well as domestic, industrial and other buildings or structures on personal plots of private household plots is permitted, subject to compliance with current legislative standards regarding the construction and operation of private residential buildings.

At the same time, the operation of field plots of private household plots excludes the possibility of constructing buildings and structures with a foundation. However, in the field plots of private household plots, the construction of temporary structures without laying a foundation is allowed.

Violation of this aspect is considered as misuse of land and is fraught with various penalties.

How to transfer land from private plots to individual housing construction - step-by-step instructions

Each landowner of an agricultural plot can transfer it to another category. This procedure is regulated by Federal Law No. 172 of December 21, 2004 “On the transfer of lands or land plots from one category to another.” Below is an algorithm of actions.

Step 1. Collecting documents

Before submitting the corresponding application, you will need to collect a certain package of documents:

• general passport – original and copies of pages with photo and registration;
• confirmation of the right to use the land plot - certificate of ownership, lease agreement, extract from the Unified State Register, etc.;
• consent of the owner of the allotment to transfer the land to another category if the applicant uses the land under the right of lease, free use, lifelong inheritable possession, etc.;
• cadastral passport (original and copy) or extract from the Unified State Register, where the cadastral number of the plot will be indicated;
• a certificate of the exact coordinates of the site - can be obtained from a geodetic company;
• a certificate confirming the location or non-location of the site within the boundaries of the populated area.

As can be seen from the list of documents, in order to be able to transfer a plot to another category, it must be registered in the cadastral register. If a cadastral number was not assigned to the plot and the boundaries were not precisely defined, land surveying will be required.

This is a lengthy procedure, the costs of which will be borne by the applicant. To carry out land surveying, you must contact Rosreestr, MFC or a geodetic company.

Step 2. Submitting an application

To submit an application, you must contact the relevant department of the municipality or MFC. The application does not have a prescribed form, but must include the following information:

• details of the applicant and owner;
• cadastral number of the land plot;
• category of land and intended purpose, which was registered at the time of writing the application (LPH);
• desired category and type of permitted use (individual housing construction);
• reason for transfer (construction of a residential building with subsequent permanent residence in it);
• justification of the right to real estate (the basis document giving the right to act).

Control and protection of the lawful use of land are under the close attention of the state. Therefore, the reason for the transfer must be valid and logical.

Step 3. Review of the application

The package of documents is accepted by an employee of the institution against signature. The date of the decision in the case will be written on this paper.

By law, consideration of an application cannot take longer than two months. As a rule, this is the period you should count on. If the issue is resolved positively, the applicant is issued an act of transferring the land to another category. Based on this document, changes are made to Rosreestr, and the applicant is issued a new extract from the Unified State Register of Real Estate.

If a negative verdict is issued, the applicant receives a written document justifying the refusal. This decision may be made for the following reasons:

• the application was written and submitted by a person who did not have the authority to take such actions;
• the submitted documents do not comply with the requirements of current legislation;
• The declared land plot is located at a considerable distance from the populated area, and according to the law it is impossible to transfer it to individual housing construction (all lands for individual housing construction can only be located within the boundaries of the populated area).

There should be no problems if the land plot is located within the boundaries of the settlement. However, if you were wrongfully denied transfer of an allotment to another category, you can apply to the judicial authorities to protect your legitimate interests.

What are the differences between private household plots and individual housing construction?

As mentioned above, land as a particularly valuable resource is under special control of the state. Before submitting an application, the purpose of the transfer must be clearly defined and justified.

Land plots for individual housing construction are always located within the boundaries of populated areas and belong to the legal category of “settlement land”. Such areas are intended for individual housing construction. Buildings on plots for individual housing construction cannot be higher than 12 m, and are also characterized by the fact that they are intended for single-family residence.

The main advantage of building a house within the framework of individual housing construction is the possibility of returning part of the costs incurred during the construction of a residential building. The refund occurs through the registration of a property tax deduction.

Another plus is the mandatory issuance of permits for the installation of infrastructure necessary for living (gas, electricity, water supply, etc.). However, it is worth remembering that if the landowner does not begin construction within three years, then the tax for him will be doubled as part of the application of sanctions for non-use of the land for its intended purpose.

When the site is intended for personal farming, the construction of a residential building is often also allowed. This is possible if the land is located within the boundaries of a populated area.

However, the primary purpose of land for private plots is the development of agriculture for non-commercial purposes. If the plot is not used for its intended purpose or is not used at all, the landowner faces a fine of 1,000 rubles, followed by preliminary notification and seizure of the plot, followed by sale at auction.

If you encounter difficulties with transferring land from one category to another, please consult a lawyer. You can get free legal assistance on our website. in a special window.

Now you know how to transfer a plot of land from private plots to individual housing construction. If everything is done correctly, then there should be no legal problems. If you encounter infringement of your legal rights and interests, go to court.

Order

What is the difference between individual housing construction and private household plots?

Explanation of the abbreviation IZHS - land acquired for individual housing construction. Before you decide to purchase a plot of land, you need to figure out which acquisition option is more suitable:

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Is it possible to register private farm lands as legal property?

LPH lands are intended for personal farming. Ordinary similar lands are provided to owners by lease, and many are interested in the question of the possibility of registering ownership of private farm land.

In fact, it is important to remember the fact that the land must be used in accordance with its intended purpose, and such land is provided for the purpose of carrying out agricultural activities or constructing residential buildings. Accordingly, if you used the land plot in accordance with its intended purpose, then you have the opportunity to formalize ownership rights in relation to this land plot.

Is it possible to register private farm lands as property? This question interests many. In fact, this is possible. In order to register the ownership of private farm land, you must first collect the entire list of documents that indicate the existence of your rights in relation to this land plot. For example, if a plot of land was allocated to you on the basis of a lease agreement, then you should have the agreement in your hands.

In addition, you will need to clearly determine the location of the land plot and register it with the cadastral register. To do this, you may need to carry out geodetic work, on the basis of which you will be issued a cadastral passport. Along with all these documents, you should write a corresponding application for privatization to the government agency that issues ownership of land plots. A receipt for payment of the state fee must be attached to the application.

It is on the basis of these documents that your ownership of the land plot will be registered. As a rule, processing an application takes an average of one month. If for some reason you are denied privatization, you should appeal this decision in court.

The article will reveal the main points regarding private household plots. What is it, what work is allowed to be carried out on this site, and how to register a house - further.

Land plots are classified depending on their intended purpose. One of the types is private subsidiary plots - personal subsidiary plots. What is such a site?

Making a profit during the targeted operation of private plots

In accordance with Federal Law No. 112, the sale of products produced during the operation of a private plot is not a commercial activity.

In accordance with clause 12 of Article 217 of the Tax Code of the Russian Federation, income from the sale of products received from private household plots is not subject to taxation, subject to the following conditions:

• At no stage of production were hired workers employed;
• The area of ​​land used does not exceed the values ​​​​established by law.

Therefore, the sale of products is permissible and is not considered a commercial activity.

In addition, the legislation does not regulate the maximum permissible volume of products sold.

When selling, there is no need to maintain accounting records, use a cash register, or pay tax on the profit received.

The sale of surplus is permitted only if there is official registration as a user of private household plots and a valid certificate confirming the compliance of the products sold with sanitary and other standards established by law.

The issuance of such certificates, as well as registration of the fact of maintaining private household plots, is carried out through the administration of the municipality within which the private plot is located.

General points

It is not easy for citizens living in rural areas to find work. The only option for them is land and personal farming.

But it does not imply entrepreneurial activity. Any legally competent person has the right to engage in this type of activity.

To work, a citizen must have a plot of land - leased or owned. Such a plot is issued by a local authority.

Self-government bodies allocate land for private plots to citizens according to the following scheme:

1. Layout plans for a plot of land are created, its territory and size are determined.
2. An application for approval of the allocation of the site is being prepared.
3. The territorial department of self-government bodies makes a decision.
4. Cadastral work is being carried out.
5. The land plot is registered.
6. The applicant for land draws up an application.
7. An agreement is formed and signed between the land owner and the recipient.

The owner of such plots is usually the state or municipality. If the land is purchased from another owner, then the entire algorithm of actions consists of preparing documents to formalize legal rights to the site.

The package includes:

• original and copy on the ground;
• agreement between the owners - old and new;
• registration application;
• about payment .

Each document must indicate that the land plot will be used for personal farming.

Federal and local authorities are establishing measures to support citizens engaged in private farming.

It is expressed as follows:

What it is

Private household plot is a plot of land intended for agricultural activities. It can be homestead (within the boundaries of populated areas) and field (beyond them).

What are its features

This form of activity, such as private household plots, is aimed at the production of agricultural products and their subsequent processing.

But in order to comply with the status of private household plots, certain conditions must be met:

Private household plots have positive and negative aspects. The advantages include a simple registration process, no registration with the tax service, and provision of benefits to owners.

Disadvantages - additional or not, the land cannot be used for certain types of activities.

The plot of land is permitted to be used for the following purposes:

• build a house or cottage;
• do gardening;
• to breed animals.

But only for personal gain, not for business gain. Distinctive features of private household plots:

Ownership rights to private household plots are protected by law.

Legal standards

What is the maximum size

The legislation sets a limit on the size of the plot for which it is allowed to register a personal subsidiary plot.

The maximum size of one land plot should not be higher than 0.5 hectares. It can reach 2.5 hectares, depending on the region.

Construction permit

For construction companies, a permit is required; without it, a fine may be imposed. If construction is not completed, fines will be repeated, since their number is not limited.

To build a house on your own plot, you must obtain permission from the local government.

It is necessary to submit an application with documents - a site plan, certificates for the allocation of land, a diagram of the site of the future house. Within 2 weeks, employees review the documents and issue a permit.

Video: received permission to build a private household plot house

Before obtaining a permit, it is necessary to obtain an engineering and technical design, on the basis of which the order of construction work is determined, their deadlines are established - the beginning and end of construction.

In some cases, written consent from neighbors is required for the construction of a house. The permit is issued for 10 years - during this period the house must be built.

If construction is denied, you can appeal. There are types of buildings for which permission is not required:

• garage for personal use;
• house on a garden plot;
• temporary structures;
• outbuildings;
• other cases provided by law.

If permission has already been issued, then no official structure has the right to cancel it. If the buildings have not been erected within 10 years, the permit will be revoked.

If the previous owner has already received a permit and its validity has not yet expired, there is no need to obtain it again. The permit is not attached to the owner, but to the site.