Convert DNT to individual housing construction

Home / Real estate / Land / Categories of land / Agricultural land

Back

Published: 11/02/2017

Reading time: 5 min

Feasibility

Plots with VRI “Individual Housing Construction” have a higher cost, so those who want to start housing construction often want to use an alternative option when searching for a construction site.

Garden lands are often located in close proximity to populated areas , so they are the ones that come to the attention of potential developers.

According to current legislation, the only type of buildings allowed on “garden” lands are temporary sheds for storing equipment. This provision of the law applies both to plots located on agricultural land and to plots within populated areas. Read more about what can be built on lands for gardening in a separate article.

Law 217-FZ, which comes into force in 2021, regulating the use of land with the purpose of “Vegetable gardening”, will not only not weaken the norms of the current Federal Law-66, but will also strengthen them by introducing a complete ban on the construction of housing on such sites.

In this situation, the only legal way out of the situation is to change the VRI of the site to one that allows the construction of individual housing construction.

Another frequently encountered situation when it is necessary to resort to transferring land from gardening to individual housing construction is the need to legitimize residential buildings erected on garden lands.

What is the difference between individual housing construction and SNT and DNP

Territories of land with the designation DNP and SNT can only become part of agricultural plots. In accordance with changes in legislation, DNP lands may sometimes be present in settlement areas. Territories for individual housing construction must always be located in the zone of residential buildings.

We recommend reading: Amount of Child Benefit for the Loss of a Breadwinner in Sochi 2021

Agricultural areas should not have high taxes. After all, this makes life difficult for farmers. Real estate tax is calculated based on the cadastral value based on expert assessment. Ideally, the cadastral price estimate should coincide with the market value.

Peculiarities

Land for growing garden crops can be for individual or collective use. Each land use option has its own characteristics.

The location of garden plots on a particular category of land determines the sequence of administrative procedures for changing the type of permitted use:

Garden lands as part of settlements - an application to change the VRI is sent to the relevant executive authority.
Vegetable gardens on agricultural land - a change in the category of land is carried out with the simultaneous assignment of the desired VRI to the plot. The petition is sent to the local administration, then, after assessing the feasibility of the upcoming procedure, it is forwarded to the body of the subject of the Federation responsible for the provision of public services.

When using a plot collectively, it is necessary to obtain the consent of all plot owners .

Procedure

Let's consider a typical case of changing the VRI site for "Vegetable gardening", located on the lands of settlements.
Persons who own the land by right of ownership have the opportunity to apply for a change in the VRI of land .

In the case where the owner of the plot does not have documents confirming the legal ownership of the plot, it is recommended that you first proceed to confirm your rights.

The applicant sends a petition and a package of accompanying documents to the commission on issues of changing the types of permitted use of land (or a similar advisory body) of the settlement administration.

The application must indicate :

the person who owns the land
cadastral number of the allotment,
category and available VRI of land,
desired type of use.

The following documents support the application:

extract from the Unified State Register of Real Estate;
photocopy of the land owner's passport;
planning and cartographic material;
for commercial structures - an extract from the Unified State Register of Legal Entities (USRLE).

If an application is submitted on behalf of the tenant of the plot or another person using but not owning the land, the consent of the owner of the plot will be required .

Another option is for a third party to file a petition on behalf of the land owner. In this case, it is necessary to provide a bearer power of attorney.

The settlement administration may adopt regulations providing for notarization of copies of documents. Clarify the procedure for providing documentation at the stage of forming the application.

Within thirty days, a decision is made to change the VRI of the garden land or to refuse to hold the event.

The decision of the government authority to satisfy the applicant’s request is the basis for changes in information in the Land Cadastre.

Possibility of change for plots on agricultural land

The location of garden plots near populated areas is the only condition the presence of which makes it possible to change the category of land from “Agricultural purpose” to “Settlement land”.
Only in this case is it possible to revise the boundaries of the settlement and include neighboring garden lands in its composition, if the procedure is considered appropriate.

If the location of your site satisfies the above criterion, it makes sense to send an application to change the category of land and VRI of the site to the local government body to assess the feasibility of the initiated procedure.

If the application is assessed positively by local authorities, the application and package of documents are transferred to the regional government administration for a final decision.

The total duration of the procedure in this case can reach two months , excluding the time required to notify the applicant of the decision.

Part of collective property

If you are the owner of land that is part of a common plot owned by a vegetable garden partnership, then you have the right to initiate a change in the VRI of the plot.

Here you need to keep in mind that you will have to change the permitted use of the land for the entire plot owned by the participants of the partnership, and not just your share.

The recommended procedure here is:

Submitting the issue of changing the permitted use of land to the general meeting of the partnership participants.
If you receive support from the majority of the team for the issue under consideration, measure your plot and put it on the cadastral register.
To the package of documents sent to the local administration, attach a copy of the signed minutes of the meeting confirming the consent of the co-owners of the land, as well as documents certifying your membership in the partnership.

You can read more about the features of transferring lands in collective use in the article How to transfer a plot from SNT to individual housing construction.

Is it possible to move from private household plots to individual housing construction legally?

Let's start with the fact that plots for personal subsidiary plots can be located within the boundaries of urban settlements and outside this boundary.

Outside the boundaries of the settlement, the plot is considered a field plot - it is not allowed to erect any buildings on it; accordingly, without changing the category of land use, it is not possible to legally transfer such a plot of land to individual housing construction.

Only those plots that are located within the boundaries of settlements and are called household plots can be converted into individual housing construction.

Regulatory acts

This procedure is regulated by the same Federal Law No. 172 of December 21, 2004, and is also subject to the Land and Town Planning Codes of the Russian Federation.

The status of private plots is determined by Federal Law No. 112 dated July 7, 2003. The procedure for making an entry in the Unified State Register of Real Estate about changing the category and intended use of a land plot is indicated in Federal Law No. 218 dated July 13, 2015 “On State Registration of Real Estate.”

Advantages and disadvantages

As for the advantages of private household plots, they include low land tax, the possibility of tax exemption on products produced on the plot, and no need to register an individual entrepreneur for activities on the plot.

But, since we are talking about the need to transfer to individual housing construction, these advantages do not play any role, since a plot for individual housing construction requires permission to build a residential building with the possibility of registration, communications for life by local authorities, and the possibility of registration on the plot.

On private household plots, not all construction is allowed. For example, on field plots it is completely prohibited, and in order to obtain it, you must first change the category of land to land for residential premises, which can also be associated with many difficulties.

The situation will be much easier with personal plots. In addition, the cost of an individual housing construction site is significantly higher. In general, if you really want to, you can bypass the difficulties and complete the procedure of re-registering the type of permitted use of land.

This is interesting: Registration of land for MKD

Procedure

* If the plot is a field plot, then it is necessary to transfer the agricultural land to the settlement fund;
Collect the necessary package of documents;
Draw up an application in accordance with the requirements of local authorities;
Personally, or through a legal representative, submit an application along with documents to the authorized body;
Wait for the commission's decision.

Documentation

You will need to collect the following documents:

A copy of an identity document;
Extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities, if the initiator of the procedure is an individual entrepreneur;
Conclusion of the SEE (state environmental assessment), which was carried out at your own expense in advance;
Consent of all land rights holders

The application must include information about the following documents: cadastral number of the plot, category from which and to which it is being transferred, convincing justification and documents of the copyright holder.

Possible difficulties

Three main reasons for refusal have been established, with the exception of incomplete documentation provided and an incorrectly drawn up application.

Negative expert opinion;
The technical impossibility of the existence of individual housing construction on a land plot;
The lands are not subject to transfer, as they are agricultural lands.

A land plot for individual housing construction is an ideal option for providing yourself and your family with housing in your own home on a separate plot. If you own a plot of land for private plots, or SNT, and you plan to use it as an individual housing construction, then the transfer procedure will be worth the result.

Price

The administrative procedure for changing the type of permitted use of a garden plot to individual housing construction is carried out free of charge .
At the same time, a fee is charged for the preparation of some documents included in those required by the body authorized to carry out the procedure.

Additional procedures and their costs:

Registration of cadastral extracts - up to 750 rubles. - for citizens, up to 2200 rubles - for representatives of enterprises and individual entrepreneurs.
Measurement of a plot with registration in Rosreestr - from 7,000 rubles. Prices vary depending on the region of work.
Registration of changes in the State Cadastre - up to 350 rubles. — for citizens, up to 1000 rubles. for commercial structures, depending on the form of information provision.

The services of a lawyer will help facilitate the procedure.

The specialist will ensure legal examination of documents and their timely submission for consideration by the authorized authority. The cost of services may increase by 20,000-50,000 rubles .

How to transfer SNT to individual housing construction in 2021: procedure, list of documents, errors

Many families dream of their own home and their own plot of land, but in megacities such an acquisition is possible mainly in SNT. Is it possible to change the status of a land plot from SNT to individual housing construction? In this article we will tell you how to transfer SNT to individual housing construction in 2021, what is the transfer algorithm and what documents are needed for this.

We recommend reading: From what year is a permit required for the construction of a residential building in a rural area?

Example 1. The Chesnokov spouses have owned a land plot that is part of SNT for 30 years. The land plot is registered in the name of the spouse, but the spouse applied to transfer the land plot from the SNT to the category of land plot subject to individual housing construction. This petition cannot be considered, because the spouse does not have the right to carry out this procedure.

Reasons for refusal

The law provides for the following reasons for refusing to satisfy a request to assign a vegetable plot to a VRI “Individual Housing Construction”:

The application was submitted by a person who does not have the legal right to do so.
An incomplete package of documents has been submitted or the information in them contradicts each other.
The requested category of land for the allotment does not correspond to the categories provided for by the general plan of the territory.
The site is located in a specially protected zone, and changing its status is prohibited by federal law.

If it is possible to correct the points specified in the decision to refuse, it is recommended to do so and resubmit the application .

If it is impossible to change the VRI of a garden allotment to individual housing construction, you can inquire about auxiliary and conditionally permitted types for your allotment.

If, according to Rosreestr data, it is possible for a site to be assigned a VRI “Gardening”, this may be a way out of this situation:

There will be an opportunity to build a country house.
You can register it and obtain a residence permit.

Read more in the feature article “What can be built on land with VRI Gardening”