How to convert land for gardening into private plots in 2021

The type of land tenure determines what activities can be carried out on the land plot, what kind of construction is permissible on it, what profit the landowner can make from the plot, whether he can register on it and many other criteria for permissible activities. Land plots for individual housing construction allow the construction of individual housing construction on the land, that is, a house in which you can officially register.

Features of the procedure

When transferring land ownership to personal subsidiary plots, it is necessary to take into account that the plots allocated for private plots have limited areas. The size of the area limits varies depending on the location of the landholding. You can find out about the maximum sizes at the Regional Administration.

Other features of translation include the following situations that may arise during the process.

It may be that the site that is planned to be converted into private household plots may simply not have any other land use option.
Approval from authorized bodies may take quite a long time.

One can also talk about the peculiarities of running private household plots - immediately after registration, you need to create a household book . Then, every year on July 1, the following information must be updated:

information about persons running private household plots;
information about the area occupied by planting various agricultural crops on the site;
information on the number of farm animals, birds, bees;
information about agricultural machinery and equipment, as well as vehicles.

Important. An extract from the household register can be useful in obtaining loans and subsidies aimed at developing agriculture.

When translation is needed

Agricultural sites, depending on the purpose of use, may completely prohibit the construction of permanent structures or allow the construction of temporary buildings and utility rooms intended for the storage and production of agricultural products.

If you intend to legalize a house for living on agricultural land, you must assign the allotment VRI LPH (homestead plot), if for some reason the individual housing construction is not suitable for you.

The planned sale of a land plot or its use as a collateral fund is an economically significant reason for transferring the plot of land to private household plots.

It will not be possible to legally build a bathhouse on agricultural land without transferring the site to private household plots. Such an object cannot be recognized as an agricultural building.

The desire to organize small agricultural production with the help of family members is another reason for transferring land from agricultural use to private household plots.

A pleasant bonus of such a transfer is the absence of the need to pay taxes and fees on income received from the sale of manufactured products. This form of enterprise organization as a peasant farm does not have such an advantage.

The procedure for changing the VRI of a plot to a “LPH” may not be required if you are interested in the possibility of building and registering housing on the land, given the existing permitted use of your plot:

Dacha farming . Read about the possibilities of construction on dacha land in the article.
Garden community . Read the article about options for using garden land.

In what case is it possible?

It is possible to change the type of permitted land use to private household plots if this type of land use is possible on the site that is planned to be transferred. To find out, you should contact your local government body, the municipality. Actually, it is possible to transfer land to private household plots if there are no obstacles to this .

The impossibility of transferring land to private household plots follows two reasons:

On the site, the type of land use of which is planned to be changed, there is no other type of land use, or it cannot be transferred specifically to a personal subsidiary plot.
This plot of land is particularly valuable agricultural land. It is impossible to transfer such lands to another category or change the type of land use. Again, information about the site can be obtained from the municipal authority.

Why is distribution needed?

Such division is necessary to protect the land fund from illegal use. On some lands it is allowed to build residential buildings and various outbuildings, on others - only to engage in agriculture.

If activities are carried out on the site that contradict its possible exploitation, then this is a violation of the law.

Therefore, when the owner needs to use his plot in a way that the category assigned to it does not suggest, he is faced with the task of transferring the land from one category to another. The legislation allows for the possibility of changing the category of a site subject to certain legal conditions.

The procedure for transferring land from one category to another is regulated by the norms of the Land and Town Planning Code and Federal Law No. 172, which deals with the procedure for changing the category of land plots.

Is it worth transferring ownership to personal subsidiary plots?

Before transferring land, you need to think about what benefit the user wants to derive from the land, what kind of activity he plans to engage in on this site.

If the plot size is no larger than that established by law, and all family members are going to work on personal subsidiary plots without using hired labor, then the family owning private plots is exempt from paying personal income tax (about the opening and taxation of private plots is written here). Registration of an individual entrepreneur is also not required for activities with the aim of making some profit on the private plot. Therefore, it is advisable to register a private plot if you plan to engage in agricultural activities (what do you need to know when organizing a private plot?).

At the same time, it is worth remembering the difference between a personal plot (a plot of private household plots within the city) and a field plot (a plot on agricultural land). If it is planned to erect a residential building of a non-capital construction type on the site, then it is important to know that it is in principle prohibited to erect any buildings on the field site. At the same time, they can be built on a personal plot, but the land tax within the boundaries of a populated area is significantly higher than outside them. Therefore, to build a residential building, it is better to transfer land not to private plots, but to individual housing construction.

Attention. The owner of a private household plot is faced with a choice. Outside the city limits, any development is prohibited on field plots, and land taxes are high within the city limits.

How to transfer agricultural land to private household plots and how much it costs

Very often, agricultural lands are directly adjacent to the boundaries of populated areas , which makes it possible to transfer them to another category or change the VRI within the existing group of lands. Residents of rural outskirts will be interested in the possibility of expanding their homesteads, and city residents will be interested in realizing the dream of the cherished six hundred square meters for growing fresh herbs and vegetables.

Process Time Frame

The time frame for this procedure is very vague. The most precise thing that can be said regarding time is that the consideration of the application and the decision of the authorized body should not take longer than two months - such a period is regulated by law. But at the same time, collecting the necessary package of documents, conducting all the necessary examinations, filling out an application, a petition may take an indefinite amount of time.

The time frame for this procedure ranges from 6 to 24 months. Naturally, engaging the services of a professional lawyer will significantly reduce the time frame.

Procedure

Decision making occurs in several stages:

First you need to prepare all the necessary documents for your application. Moreover, if the registration of ownership of the site has not taken place or has not been fully completed, it is necessary to close this issue before applying.
Next, the documents are submitted for review. This can be done through a personal visit or by registered mail with a description of the attachment. The first option is preferable, since the official will review the documents during reception and may have comments along the way.
Then, within two months, the local government body will make its decision. It can be not only positive, but also negative. In the latter case, the reasons for the refusal must be given. The applicant has the legal right to appeal them in court if he does not agree with them.
Finally, the hearings take place. Their goal is to find out what neighbors think about whether they agree with the planned changes. If the majority of them agree, then a positive decision will be made and the required type of permitted use of the land will be established for the site in question.

Step-by-step instruction

For any transfer of land, including the transfer of land to private household plots, a certain package of documents is required. Federal Law No. 172 of December 21, 2004 significantly streamlined the procedure for transferring land from category to category. He established a list of required documents, deadlines for consideration of the application, and so on.

Preparing that package of documents. Which will need to be attached to the transfer application. The application must be accompanied by a package of documents, which will include:
copies of documents that prove the identity of the person submitting the application;
extract from the Unified State Register of Real Estate;
conclusion of the state environmental examination (if such examination is required by law);
consent of the owner of the plot to transfer the land;
calculations of agricultural production losses and forestry losses.
Drawing up the petition itself, you must indicate the following information:
the category of land the site belongs to;
category of land to which it is desired to transfer;
justification for the required transfer (according to the law, the authority cannot refuse a transfer based on insufficient justification of the reasons for the desired transfer);
rights to a piece of land.
Submitting an application (petition). The application is submitted to the municipal authority in whose possession and disposal the land is located.
Expectation. The application is considered for two months, and as a result of the consideration, either consent or refusal to transfer the land plot is issued.

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.

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.

Price

The issue of price, excluding the services of a lawyer and notary, is entirely determined by the size of the plot and its location. It is impossible to predict a general standard for all areas. The total fee will be 30% of the cadastral value of the site. An extract from the Unified State Register will cost 300-600 rubles, an environmental assessment will cost 10-15 thousand rubles.

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.

Differences in changing the use of a site

We will tell you how to transfer individual housing construction, SNT and agricultural plots to personal subsidiary plots.

From individual housing construction

If you plan to change the type of land use from individual housing construction to private household plots, then it is worth remembering that the plot must meet the requirements of the category of ownership to which it is planned to be transferred . That is, if there is a building on the site for individual housing construction (and it is there by definition), then it is necessary to understand whether it meets the requirements for construction possible on private plots of land.

In any case, construction on private plots of land requires obtaining a special permit. It is worth remembering that capital construction is prohibited on a plot for personal subsidiary plots, and construction is only possible on personal plots within the city. What can be built on a plot of private household plots is described here, and here you can find out whether it is possible to build a house on such land.

The main difference between the transfer to private household plots from individual housing construction is the location of the individual housing construction itself on the land under the individual housing construction - individual housing construction.

From SNT

To transfer land to private household plots from SNT, you need to order an extract from the land use and development rules (LRU ) in relation to the zone in which the plot that is planned to be transferred is located. The extract from the PZZ will indicate which land use options are allowed for your site. If this type of use as private household plots is permitted, then you can begin preparing documents.

A distinctive feature of such a transfer will be the need to comply with all safety criteria. The area transferred from SNT to private household plots must comply with all fire safety installations.

From agricultural purposes

The procedure for transferring plots of agricultural land to the category of personal subsidiary plots also has some nuances and differences. Feature - agricultural land is issued for private household plots by the Administration. This means that when transferred to a private household plot, the type of use of existing land does not change, but with this procedure a person becomes the owner of a new land plot.

How to transfer agricultural land for individual housing construction and for summer cottage construction

Since cities and other populated areas are constantly expanding, and the population is constantly experiencing a shortage of housing, the law allows the transfer of agricultural land to the category of individual housing construction. This is a strict and rather complicated procedure, accompanied by many bureaucratic nuances.

It is worth noting that not all agricultural land can be transferred to the individual housing construction category.

So, for this to be possible, the site must meet the following requirements:

must be located within the official cadastral boundaries of the locality;
It must be possible to connect infrastructure facilities and utility supply lines to the site.

Since the responsibility for providing infrastructure falls on the shoulders of local authorities, if providing them seems difficult or impossible, the municipality will simply refuse to transfer the category.

Transfer procedure to individual housing construction

The procedure itself consists of several simple steps. But in each case, depending on the owner of the site, the site itself, certain difficulties may arise.

So, to transfer a site to the desired category, you must go through the following steps:

submit an application to the authorized branch of the municipality;
collect all necessary documents;
obtain approval from the municipality.

The application must indicate the following information:

cadastral information about the relevant land plot;
the category in which the land is now located, and the category to which it needs to be transferred;
type of authority of the person to the relevant plot;
the reason for the category transfer, the purpose of further use of the site, the rationale for the feasibility of the category transfer.

That is, it is very important for the municipality what the land will be used for in the future. Although Russia is rich in land, there are actually not so many areas suitable for agriculture. For this reason, the municipality will consider the economic feasibility of reducing land allocated to agriculture.

Required documents

Collection of documentation is one of the important points in the procedure for changing the status of land. In most cases, people are refused precisely because of a lack of documents.

Thus, among the mandatory documents that must be provided, it is worth highlighting the following:

passport of the site from the cadastre;
the applicant’s passport;
an extract from Rosreestr on the right to a land plot;
consent of the owner of the plot to carry out the transfer, if the applicant is not one.

In addition, if there are any registered buildings on the site, then it is necessary to provide cadastral and technical documentation for them. If such buildings are absent or they are not formalized, then it is better not to mention them.

Illegal construction is a violation for which an administrative fine is imposed.

Deadlines

The time period within which the municipality must make a decision on the issue is defined by law as 2 months. However, it is difficult to say how long the entire process will take. So, usually, if all the documents have already been collected, then the issue is resolved in a maximum of 2 months.

How long does it take to collect documents? It is worth noting that each document is issued or issued within a certain time. So:

a cadastral passport is issued within two months, and if it has already been issued, it is issued within two weeks;
an extract from the register is issued within two weeks;
The owner's consent can be notarized within one day.

In addition to the deadlines, when preparing each of these documents you need to spend a certain amount.

How much does it cost to transfer agricultural land to individual housing construction?

The cost of the entire procedure includes the cost of paperwork and the fee for withdrawing agricultural land from circulation. As already mentioned, the transfer of land from agricultural use to another category is considered by the state as an economically unprofitable action.

So, the full cost of the procedure consists of the following expenses:

duties - 30% of the cost of the plot determined in the cadastral documents;
if the assessment was not carried out in the cadastre, then it is ordered from a private specialist, whose services cost about 3-5 thousand rubles;
an extract from the register and the State Tax Committee cost 200 rubles each;
if there are buildings on the site, then it is necessary to register them, which will cost approximately 15-20 thousand rubles;
it is necessary to conduct an environmental assessment to determine the impact of residential properties on the environment in the relevant area, the cost of which depends on the area itself;
Notarization of the owner's consent will cost 500-1000 rubles, depending on the region.

Thus, transferring land from one category to another is a very expensive undertaking. Therefore, not every person decides to do it. Typically, developers who need to build and sell multi-apartment buildings face this need.

Since such expenses are undesirable for most citizens, they simply do not fill out the documents and carry out construction work illegally. As a result, of course, they face administrative liability, but the threat of a fine does not frighten people.

Taxes

When legally erecting a residential building on a plot of land for individual housing construction or a plot of land transferred to this category, citizens are provided with a tax benefit in the form of a deduction. To receive this deduction, you must obtain construction permits.

Local authorities can authorize the construction of a residential building. In order for construction to be permitted, a construction plan that meets legal requirements must be submitted to the local administration.

The issued permit is valid for 10 years, after which it will have to be issued again.

At the same time, if, within the specified period, persons do not erect a structure and do not file a deduction, then the tax on land for individual housing construction will be levied at double the rate, since it will be recognized that the land is not being used for its intended purpose, which is not permissible according to land legislation.

Why can they refuse?

Although the local administration may refuse a transfer for economic reasons, such a refusal is contestable.

In turn, the law establishes the following list of grounds for refusal, which are indisputable:

if the site is located outside the cadastral boundaries of the settlement;
if the results of an environmental assessment showed an unacceptable level of environmental pollution as a result of such a transfer;
if the land is classified as a special category, for example, the land is pasture;
lack of documents;
filing an application by an unauthorized person.

However, despite the indisputability of the refusal on these grounds, the existence of the grounds themselves can be challenged in court. For example, it is possible to prove the incorrectness of the conclusion of the environmental assessment or the competence of the applicant, etc.

Reasons for failure and solutions to problems

The most common reason for refusal to transfer land to the category of private household plots is an incorrectly collected or incorrectly executed package of documents. Of course, this problem can be avoided if you involve a professional lawyer in the translation process. At the same time, the services of a lawyer will cost a pretty penny, since they will cost from 200 thousand rubles . But a lawyer can carry out the translation without time delays and unnecessary costs, which is a significant plus.

But the reasons for the refusal to transfer land are not limited to bureaucratic problems. The following factors may complicate the transfer of land to private household plots:

Non-compliance of the site with environmental and sanitation standards prescribed by law.
Location of historical and cultural heritage sites on the site.
Passage of high-voltage power and communication lines, as well as gas mains near the land property.
Future construction or activities on the site may harm the environment.
The site is located on special purpose lands. In this case, such lands are meadows, pastures, fields of agricultural crops, and so on.

The above factors will significantly complicate the desired transfer of land to another category , and will also add all sorts of legal delays. In these cases, you will have to obtain all kinds of permits when a refusal appears. In this case, the services of a lawyer will become a necessity.

The transfer of land is considered impossible if the land is in the category of agricultural land of special importance, and when the site has not passed an environmental assessment. In this case, it will not be possible to obtain private household plots.

Cost of the procedure

Changing the status of a land plot is possible in relation to objects registered in the cadastral register. To do this, it is necessary to measure the plot and send the obtained geodetic data about the plot to the Cadastral Chamber for entering information about it into the Land Cadastre.

The cost of this procedure is on average 10 thousand rubles . and depends on the appetites of the cadastral engineer.

An extract from the Unified State Register contains basic information about the property, including rights to it. The minimum cost for a document in electronic form is 300-600 rubles .

When obtaining consent to change the VRI (category) of land, changes will be required to the state cadastre . In the event that the changes are not sent to Rosreestr by the municipality, the cost of the service for citizens will be from 245 to 350 rubles , for legal entities - from 700 to 1000 rubles.

Interaction with official structures can be entrusted to a specialist. The cost of legal support in some situations reaches 50 thousand rubles.

How to convert agricultural land into private household plots

In order to transfer a plot of land for private plots, it is necessary that it meets the requirements of federal legislation and the rules for land use and development established in the regions. It is necessary to establish minimum and maximum plot sizes in a given territory. At the same time, rules regarding zoning and environmental protection zones must not be violated.

Before the procedure for changing the permitted use begins, it is necessary to go through all stages of approval from local authorities, including the architectural department and the committee in charge of land use.

If civilians or individuals have a need for commercial farming, they can be allocated any plots of land of a certain category. But the limits of non-profit private household plots are quite limited. The largest sizes of plots must be obtained from the regional administration.

Most often, citizens receive 1 or 2 hectares of land for private plots. In rare cases, areas of up to 8 hectares can be allocated. The sizes are determined by the local administration independently.

First you need to find all the information relating to the territory. This includes information about environmental protection zones, the degree of pollution, and others. In addition to studies on the zoning of the site, various approvals need to be carried out. Afterwards, all the necessary documentation is collected and an application is submitted. After this, you need to contact local authorities and wait for the results.

A set of all papers is thoroughly checked, including copies of documents that confirm the identity of the applicant, because they are not the same for individuals, legal entities and entrepreneurs, for example, information from the cadastral and registration authorities, a permit confirming the owner’s consent to transfer the land, etc. The application must have the land number from the cadastral register, the grounds on which the transfer is made, the applicant’s data, the current category of land, VRI.

Remember: you can save time by using the services of experienced specialists in this matter.

Registration of private household plots is mandatory if citizens want to sell self-produced goods in accordance with the law. But the sale of private household products does not require the payment of taxes. Private household plots have a significant advantage over other agricultural producers. Therefore, you need to use it.