How to transfer the lands of private household plots into individual housing construction according to the law of the Russian Federation?

Plots for personal subsidiary plots can be located both within populated areas and on agricultural lands .
Also, they are divided into 2 categories - field and homestead.

For both the first and second categories of plots, the procedure for transferring land to the category “Individual housing construction” may be useful.

Types of land plots

Land plots of private household plots related to settlement lands are called household plots. On such plots it is allowed to build houses and outbuildings and engage in self-employment.

Read more about personal plots in a special article.

Private household plots on agricultural land are called field plots. On field plots, agricultural activities are permitted without the possibility of erecting permanent buildings .

Read more about field sites in the article.

Transfer of land from individual housing construction to private household plots

Sometimes there is a need to transfer land from individual housing construction to private subsidiary plots . This may be required if the owner uses the site exclusively for agricultural activities or it is necessary to reduce the cadastral value of the site because it is unreasonably inflated.

How to transfer land from private plots to individual housing construction? Changes to the VRI are carried out in accordance with the development and land use rules of the locality within which the land plot is located.

The main composition of the package of documents is as follows:

a copy of the applicant's passport;
cadastral passport of the plot;
title documents for land and real estate built on it;
extract from the Unified State Register of Real Estate;
situational plan of the site.

Next, the owner submits an application to change the VRI addressed to the head of the administration and a request to change the type of individual housing construction to private household plots) indicating the reason . When he is given permission to transfer, he can register the changes in Rosreestr. The total duration of the procedure for changing the VRI can be from 5 to 10 months.

In general, we can say that transferring land from one category to another is a long and costly process, so the owner needs to weigh the pros and cons, and then make a final decision.

In what cases is it necessary to change the VRI?

The construction of residential buildings is permitted on plots of both private household plots and individual housing construction.

The main advantage of housing construction is the ability to partially offset the costs associated with housing construction.

For this purpose, there is a property tax deduction mechanism that allows you to reduce the amount of income subject to personal income tax.

Here are a few more reasons that may serve as grounds for changing the type of permitted use of the plot:

Individual housing construction of land is primarily connected to the networks of utility and engineering infrastructure, and this “plus” often motivates developers to resort to changing the VRI of the land plot.
The acquisition of a country plot of land with a VRI "LPH" for construction work can result in both an advantage - low financial investments at the initial stage of work, and a disadvantage - the site may not be suitable for construction purposes. In this case, the best option is to transfer from private household plots to individual housing construction.
The desire to sell a plot and get a good price for it may be a reason to change the permitted use of the land.
The implementation of a certificate for maternity capital may also require a change in the permitted use of land. Not all regions of the country allow the construction of houses with “mother’s” money on private household plots.
Using land as a collateral fund is more profitable when the plot has a VRI “Individual Housing Construction”.

Individual housing construction and private subsidiary plots: what is the difference?

LPH stands for “personal subsidiary plot”; This is a type of permitted land use intended for farming for one’s own (i.e., non-industrial) purposes. One person alone or together with his family has the right to engage in farming without restrictions.

By running a personal household we mean:

cultivation and processing of agricultural products;
breeding livestock and poultry.

Despite the fact that the land of private household plots is not intended for business activities, the owner of the plot is not prohibited from selling surplus products.

Plots for private plots can be located both within populated areas and on agricultural lands; According to this principle, they are divided into 2 categories: homestead and field.

Is it possible to transfer a plot of private household plots to the category of individual housing construction? This procedure is possible only for personal plots, but not for field plots. The field land plot is used exclusively for the production of agricultural products without the right to erect any buildings on it.

The type of permitted land use of individual housing construction allows you to build a house of up to 3 floors on this land. A plot within the boundaries of a populated area, used as private household plots, is also intended for the construction of a residential building up to 3 floors high, but, in addition, also for the production of agricultural products.

Despite the fact that these land categories are similar, they have a number of differences, namely:

Individual housing construction and private household plots are intended for non-commercial use. However, in the first case, priority is given to building a house, in the second - to growing and processing agricultural products.
A land plot for individual housing construction can be allocated only on the territory of settlements; a plot for private household plots can be allocated both in the settlement and outside it.
The cadastral value of plots for individual housing construction is significantly higher than for private plots.
It is not possible to build a house on every private plot. The commission has the right to impose a ban on the construction of a house; but it is impossible to prohibit the construction of a house on individual housing construction lands.
The land tax on private plots is lower than on individual housing construction.

Pros and cons of both types of plots

Among the undoubted advantages of the individual housing construction site are:

presence of a legal address;
the possibility of building a residential building and registering in it;
availability of infrastructure;
the ability to carry out all necessary communications.

Disadvantages of individual housing construction plots:

the need to obtain permits and approvals for construction from the relevant authorities;
mandatory compliance with SNiP and GOST standards;
high tax payments.

Advantages of the private plot:

the possibility of transferring to individual housing construction (if it is located within the boundaries of settlements);
low tax burden (no more than 0.3% of the tax base).

On lands for private plots you can:

legally receive income from the sale of agricultural products;
obtain a certificate of conformity of grown products;
obtain a loan for production of products secured by a plot.

At the same time, the owner of the plot does not need to register as a legal entity, as required by the peasant farm (peasant farm) status . If the owner wishes to build a house, he will not need permission to do so or develop a project.

The main disadvantage of the category of land intended for private plots is the lack of a clear legislative framework and the presence of certain difficulties and legal risks. In most cases, the owners of such land plots try to transfer them to individual housing construction in order to build a residential building on them.

What's better?

So what is better - private household plots or private housing construction? We can say that private household plots are better than individual housing construction in almost everything, with the exception of the location of the site and the lack of complete infrastructure. In addition, owners of private household plots can enjoy benefits from the state, encouraging them to run their own farms.

Conditions for transfer and procedure

A change in the type of permitted use can occur in the following scenarios :

With a change in land category.
Simply changing the purpose of use.

As a general rule, areas in respect of which the procedure for changing the permitted use is initiated must be demarcated and registered with the Cadastral Chamber .

Persons who have a cadastral engineer certificate have the right to engage in geodetic work. The cost of services does not depend on whether you are applying to a private or public structure, and averages 5 thousand rubles .

For homestead lands

Lands falling within the boundaries of populated areas are subject to urban planning regulations .
By requesting from the land department of the local administration a copy of the PZZ of the territory within the boundaries of which the land you are interested in is located, you will receive comprehensive information about its functional zone and will be able to analyze the possibility of changing the VRI in a simplified manner.

To assign an auxiliary or conditionally permitted VRI “Individual Housing Construction” to a personal plot, it is necessary to send a declaration notifying the desire to use the plot for construction purposes to Rosreestr.

The department will require the following additional documents

PZZ territory . The plan can be sent to the department by the settlement administration as part of interdepartmental cooperation free of charge.
boundary plan .

Making changes to the State Land Cadastre submitted electronically is paid in the amount of 245 rubles. When providing information in a “paper” version, the state duty will be 350 rubles.

Read more about changing the land VRI in a separate article.

For the field

Assigning the type of permitted use “individual housing construction” to a field site is associated with a change in the category of allotment, and both actions are carried out simultaneously .

A petition to change the category of land is sent to the settlement administration (district administration, if we are talking about an inter-settlement territory).

If the administration that accepted the petition considers your intention to change the VRI of the land to be justified, then it forwards it to the regional executive authority to make a final decision.

The following documents are attached to the application :

A copy of your passport or other document proving your identity.
Power of attorney, if the application is not sent personally by you.
Title documents for land.
Situational plan of the allotment.
Extract from the Unified State Register of Real Estate.

Cadastral extracts are provided for a fee.

Depending on the form of application, the amount of state duty may be:

300 rub . — the service is provided electronically.
750 rub . — the extract is issued in the form of a paper document with all signatures and seals.

If the field site is located in close proximity to the boundaries of settlements, the General Plan of the settlement provides for the possibility of expanding the boundaries of the village to include nearby agricultural lands, then the application, as a rule, is granted.

Read more about changing the category of land in the article.

Issues of changing the category of land are quite complex, so it is worth considering the possibility of entrusting the procedure to a lawyer . The cost of his services depends on the complexity of each specific case and amounts to several tens of thousands of rubles.

The procedure for transferring private household plot land to individual housing construction: step-by-step instructions

So, How to transfer land from private plots to individual housing construction? Let's write everything down step by step.

Step No. 1 - Determine the territorial zone of the site and VRI

This information is necessary to find out whether individual housing construction in this zone is the main or conditionally permitted type of land use.

This is important to know, since different options require different instructions. If the individual housing construction is not designated either as the main one or as a conditionally permitted one, then it is impossible to transfer the plot of private household plots to the individual housing construction.

In each locality, the local administration approves its DZZ (Development and Land Use Plan) and General Territory Plan . From these documents you can find out the territorial zone of the site and the types of permitted land use.

If individual housing construction is indicated as one of the main types of permitted land use, then you will first need to request an extract from the ISOGD, and then complete the transfer in the cadastre.

If individual housing construction is indicated as one of the conditionally permitted types, then you need to:

Request an extract from ISOGD.
Obtain permission to translate.
Carry out the translation in the cadastre.

If the individual housing construction is not indicated at all, then you will first have to change the status of the territorial zone around the site (i.e., make changes to the PZZ of the locality) by submitting an appropriate application to the local administration.

This issue will be considered by a special commission. But it should be noted that a positive decision on this issue is very rarely made.

Step No. 2 - Request an extract from ISOGD

A certificate from the Information System for Supporting Urban Development Activities (ISOGD) is required to confirm that the area of the site includes individual housing construction as the main or conditionally permitted type of land use.

It is obtained from the architecture department of the local village administration or from the Urban Planning Department. In some large cities, this extract can also be obtained from the MFC (“My Documents”) .

One of the owners of the plot (or an authorized representative) contacts the indicated organizations, gives the employee his passport and an extract from the Unified State Register for the plot, and also writes an application for the provision of information from the ISOGD (the application form is issued on the spot). The employee takes the application with the extract and issues a receipt confirming its receipt.

In the future, the applicant will be sent by email details for paying the state fee (1000 rubles) . You can deposit funds at any bank. By the way, payment of the state fee may be required before submitting the application. In this case, a receipt for payment will be attached to the application.

All that remains is to wait to receive a certificate from the ISOGD. If the site is located in a village zone, it will be issued within 30 days. If the land is located within the city, then the period can be from 5 to 14 working days (the period is set by the administration). On the appointed day, you can pick up the statement and move on to the next stage.

What to do if you refuse

All failure cases can be divided into two categories.

The first cases are associated with a careless attitude to the preparation of the application , when during the analysis of the provided documents the following inconsistencies are revealed:

Lack of right to dispose of land.
Contradictions in documents.
Incomplete package of accompanying documentation.

Eliminating the identified discrepancies will not take much time and will give you the opportunity to resubmit your application.

The second category of cases is related to the absence in the law of the possibility of changing the purpose of use of agricultural land. The transfer of category may be refused if the field plot belongs to particularly valuable lands or the applicant does not have the opportunity to pay the difference between the old and new cadastral value of the plot.

Any refusal can be appealed in court , but the courts do not always satisfy such applications.

Another option for action in case of refusal to assign VRI “Individual Housing Construction” to a field plot is to change the purpose of use to “Summer Housekeeping” or “Gardening”.

How to transfer private household plots to private housing construction in 2021 and not be refused?

It is not always possible to transfer private household plots to individual housing construction. The administration usually issues a refusal in the following cases:

The application for transfer was submitted by a person who is not entitled to do so.
The submitted documents are incorrectly executed or do not comply with the legislation of the Russian Federation (submission of false documents is criminally or administratively punishable).
The translation contradicts the legislation of the Russian Federation: the land is located outside the boundaries of the settlement, and the urban planning plan does not provide for its expansion.
A negative conclusion from an environmental assessment was received, which means that a building on this land could cause harm to the environmental situation at the construction stage or during operation.
Private household plot land is classified as particularly valuable land.

Step-by-step instruction

In order to speed up the process of transferring a land plot from the category of private plots to the category of individual housing construction and to avoid unnecessary problems, it is necessary to carry out all actions in a clear sequence.

Preparation of documents

The owner or possessor of the transferred land plot needs to collect a package of title documents and submit a corresponding petition to the municipal administration at the location of the plot.

There is no clear regulation of the form of applications submitted by federal authorities. The development of the application form is carried out directly by local government bodies , however, provided that the content of the document does not contradict the requirements set forth in Part 3 of Article 2 of Federal Law No. 172. When submitting an application to transfer private household plot land to individual housing construction, you must prepare and attach the following documents:

A copy of the identity document of the owner or owner of the land plot (passport or other document).
Extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs (in the case where the initiator of the land transfer is an individual entrepreneur or any organization).
Pre-ordered and paid for conclusion of the State Environmental Expertise (SEE).

This list of documents is exhaustive.

In the case where an easement was previously imposed on the land plot, in addition to the above documents, it is also necessary to provide permission from the legal owner of the land plot.

Writing an application

An application for transfer of land from one category to another has the form of a petition and is submitted accordingly. Such a statement must include the following information:

cadastral number of the land plot that is supposed to be transferred to another category;
category of land plot into which the transfer is expected to be carried out;
a compelling basis for the transfer;
an extract from the Unified State Register of Real Estate confirming the rights to the transferred lands.

In order to transfer from one category of land to another, it is necessary that the plot be registered in the cadastral register. If it does not have a cadastral number, then the land delimitation procedure should first be carried out.

Submitting papers

Submission of an application (it is also a petition) with the attachment of all documents from the above list is carried out to the administration of the locality to which the transferred land plot belongs. You can submit an application either independently or with the help of a legal representative. In the latter case, it is necessary that all documents provided be notarized, and the representative himself has a document confirming his authority as a representative.

Getting a response

After consideration of the submitted application, the state environmental assessment and other procedures provided for by law, the applicant will be sent a letter indicating the decision made .

If the answer is positive, then the applicant (or his representative) must appear at the authorized local government office to receive an act on the transfer of land from the category of private household plots to the category of individual housing construction. If the administration’s decision is negative, the applicant (or his representative) will receive a written refusal indicating the justified reasons for the refusal.

Reasons for a negative decision

Consideration of an application may be refused if the applicant does not meet the necessary criteria or the documents provided are incorrect. In this case, the submitted petition must be returned to the applicant within a period not exceeding 30 days from the date of its submission for consideration.

There are only 3 reasons for refusal:

The transfer of land is practically impossible to carry out: the location of the land plot is outside the boundaries of the populated area, the special agricultural value of the land, etc.
Negative conclusion of the state environmental assessment.
Technical grounds that make the intended use of land in the individual housing construction category impossible.

A negative decision of a local government body can be appealed in court within the time limits established by the legislation of the Russian Federation. To do this, you need to contact a judicial authority and file an administrative claim.

The transfer of land from an existing category to individual housing construction has its own characteristics; we recommend several useful articles on this topic. How to transfer land to individual housing construction:

From agricultural land.
From SNT.