Eight business ideas on your own plot of land

Alexey Bernadsky, director of the Est-a-Tet real estate office network, answers:

Lands of mainly two categories are sold: lands of settlements (formerly lands of settlements) and lands for agricultural purposes. On the lands of settlements with the type of permitted use for individual housing construction (IHC) or personal subsidiary plots (LPH), residential buildings with a height of no more than three floors can be erected. Also, only one family should live in these houses - this is where plots for individual housing construction differ from lands for low-rise construction. These objects have infrastructure and must be equipped (heating, water supply, etc.), that is, suitable for year-round living with the possibility of registration at the place of residence.

Objects built on agricultural lands with permitted use for summer cottage construction today a priori have the status of non-residential buildings without the right of residence and registration. Although many of them have all the features of a residential building. That is, a house built on such lands is considered a garden or country house, and not residential. Many cottage villages in the Moscow region were built on agricultural lands with permitted use for summer cottage construction or gardening. In order to register with them, the owners are required to carry out the procedure for recognizing the given house as residential (comfortable and suitable for living) through the court.

The realities of the market are such that there are more offers for the sale of land plots for dacha construction on agricultural lands than offers for individual housing construction/private household plots on the lands of populated areas. Their cost is lower precisely because the law does not allow the construction of residential buildings and registration in them. In terms of their design features, many of the cottages on agricultural land do not differ from individual housing construction projects, but buyers for the most part prefer individual housing construction projects. True, tariffs for gasification and electrification in country or garden and residential buildings are now the same; in this sense, country houses on agricultural land are equal to residential ones.

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Everyone has heard about stories of the demolition of unauthorized buildings. We are talking about buildings without the appropriate documents or on areas that are neither owned nor leased, as well as the use of premises not in accordance with the permitted use of the land. After all, you can’t just take and build even a residential building on your own land, much less a commercial premises. This will be considered an unauthorized construction.

All land on the territory of the Russian Federation is divided into several categories (clause 1, article 7 of the Land Code of the Russian Federation). According to the rules, private residential buildings are located on the lands of settlements (clause 1 of Article 83 of the Land Code of the Russian Federation). But, in addition to housing, other facilities intended for the needs of the population can be built on such sites. For example, shops, business centers, clinics, administrative buildings, etc. (Clause 1 of Article 85 of the Land Code of the Russian Federation). Since it is precisely for such buildings that a special permit must be issued, let’s talk about them. The fact is that, for example, a kiosk, sales tent or van will not require any permission (clause 2, clause 17, article 51 of the Town Planning Code of the Russian Federation). You can simply put them on your site and start a business. Only in this case you will have to pay land tax according to the rules for organizations (paragraph 2, paragraph 2 and paragraph 5, article 396 of the Tax Code of the Russian Federation).

What actions to take before starting construction?

Step 1. Check the rights to the land plot.

The best option would be if the land plot is owned. Most often, a plot of land becomes a property through purchase and sale.

It is possible to obtain ownership of a plot of land for free, but such cases are quite rare (Article 39.5 of the Land Code of the Russian Federation). Providing a state or municipal land plot to a citizen or organization for free ownership is carried out on the basis of a decision of the authorized body, including in the following cases:

• the person with whom the territory development agreement has been concluded; a religious organization that owns buildings or structures for religious or charitable purposes;
• municipal employees in accordance with paragraphs. 7 paragraph 2 art. 39.10 of the Land Code of the Russian Federation, large families in cases provided for by law.

GOOD TO KNOW

The law does not prohibit building, for example, a store or a mini-hotel on your site next to a residential building (Clause 3 of Article 85 of the Land Code of the Russian Federation), however, for this you will need to perform some steps to register your business.

Another option, which is less convenient for starting construction, is a long-term lease. Land plots in state or municipal ownership are provided for lease at auctions and without auctions (Article 39.6 of the Land Code of the Russian Federation). Moreover, it is advisable to stipulate in the lease agreement the possibility of constructing a building and structure on the land plot, as well as its intended purpose.

You can also get a plot of land for free use. But this possibility is extremely limited. In particular, plots are provided free of charge to state authorities and local governments, state and municipal institutions (budgetary, state-owned, autonomous), state-owned enterprises, historical heritage centers of the presidents of the Russian Federation who have ceased to exercise their powers, in the form of official plots for employees of organizations, religious organizations for the placement of buildings, structures for religious or charitable purposes for a period of up to ten years.

GOOD TO KNOW

To demarcate a site, enter into an agreement with a specialized surveying organization. The company itself will carry out the necessary work and upon completion will give you your copy of the survey document.

There is often a situation where it is unclear who owns the land. This should not be an obstacle to its use. The lack of state registration of ownership of land plots, state ownership of which is not demarcated, is not an obstacle to their disposal.

The disposal of land plots, state ownership of which is not demarcated, is carried out:

• by the local government body of the urban district in relation to land plots located on the territory of the urban district;
• by the local government body of the settlement in relation to land plots located on the territory of the settlement, in the presence of approved rules for land use and development of the settlement;
• by the local government body of a municipal district in relation to land plots located on the territory of a settlement included in this municipal district, in the absence of approved rules for land use and development of the settlement, as well as in relation to land plots located in inter-settlement territories of the municipal district.

Accordingly, it is necessary to contact the above-mentioned authority to obtain the right to use and dispose of the land plot.

GOOD TO KNOW

To begin the procedure for obtaining a permit, submit a corresponding application to the land management commission (the name of this commission may differ in different regions).

Step 2. Check the land itself.

Along with the rights to a land plot, the rights to buildings and structures located on this land plot can also be transferred. Under a contract for the sale of a building, structure or other real estate, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to the land plot occupied by such real estate and necessary for its use (Article 552 of the Civil Code of the Russian Federation).

Why is it important to check the land itself? The fact is that if the site is already occupied by some buildings, then legal disputes with the owners of the buildings and additional costs for their dismantling and demolition are possible.

Step 3. Check the intended use of the land plot.

The land plot must be used in accordance with its intended purpose. Otherwise, it will be necessary to transfer the land to another category.

Categories of land plots

The purpose of the land plot is indicated in the certificate of registration of land rights. If the purpose does not correspond, then it is possible to transfer the land to another category, but this is a rather lengthy and labor-intensive process.

Step 4. Land surveying.

Land surveying is a set of works to establish, restore and secure the boundaries of a land plot on the ground, determining its location and area.

The establishment and consolidation of boundaries on the ground is carried out when citizens and legal entities receive new land plots, when buying and selling, bartering, donating all or part of a land plot, as well as at the request of citizens and legal entities, if the documents certifying their rights to the land plot, were issued without establishing and securing boundaries on the ground (Instructions for land surveying, approved by Roskomzem on 04/08/1996).

To establish the boundaries of a land plot, as well as to establish the boundaries of buildings and ensure the correctness of previously established boundaries, you need to enter into an agreement with a specialized organization. She will carry out the entire range of land surveying work, and the businessman will be given a land survey document based on the survey.

GOOD TO KNOW

As a general rule, all types of permitted land use are divided into three large groups (Clause 1, Article 37 of the Town Planning Code of the Russian Federation):

• basic (for example, individual housing construction);
• conditionally permitted (for example, shops, pharmacies, gyms, auto repair shops, etc.);
• auxiliary (for example, outbuildings, greenhouses, greenhouses, individual baths, etc.). Apply only in addition to the main permitted uses.

Business buildings are classified as conditionally permitted.

Step 5. Making changes to the cadastre.

Any changes related to both land surveying and permitted use must be included in the cadastre. To do this, you need to contact Rosreestr.

Step 6. Obtaining a building permit.

To obtain a construction permit, you must submit a number of documents to the local government:

• application for a permit;
• identification document;
• title documents for the land plot;
• urban development plan of the land plot (before 01/01/2012 a cadastral plan could have been requested);
• a diagram of the planning organization of the land plot indicating the location of the construction project.

In some cases, a building permit is not required.

GOOD TO KNOW

In 2015, the procedure for obtaining a site through the procedure of preliminary approval of the location of the facility was abolished.

Since 03/01/2015, a closed list of documents has been established - the grounds for transferring the right to a land plot owned by the state or municipality. This:

• decision of a state authority or local government in the case of granting ownership of a land plot free of charge or for permanent (indefinite) use;
• purchase and sale agreement in case of provision of ownership of a land plot for a fee;
• lease agreement in case of provision of a land plot for rent;
• agreement for gratuitous use in case of provision of a land plot for gratuitous use.

After submitting the documents, a decision is made within 10 days to issue or refuse to issue a construction permit.

Application for permission for a conditionally permitted type of use of a land plot

If a company or entrepreneur acquires a plot of land that they plan to use in a different way in the future, for example, to build simultaneously an industrial enterprise for processing products and a logistics center on agricultural land, then in this case it is possible to apply for permission for a conditionally permitted type of use of the plot .

According to Part 3 of Art. 37 of the Civil Code of the Russian Federation, a change from one type of permitted use of land plots and capital construction projects to another type of such use is carried out in accordance with urban planning regulations, subject to compliance with the requirements of technical regulations.

The procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction project is established by Art. 39 Civil Code of the Russian Federation. According to the above-mentioned article, an individual or legal entity interested in granting a permit for a conditionally permitted type of use of a land plot or a capital construction facility (hereinafter referred to as a permit for a conditionally permitted type of use) sends an application for a permit for a conditionally permitted type of use to the commission.

The corresponding application must be sent to the Land Use and Development Commission. The issue of granting permission for a conditionally permitted use is subject to discussion at public hearings.

The conclusion on the results of public hearings on the issue of granting permission for a conditionally permitted type of use is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the municipality (if there is an official website of the municipality) on the Internet.

There is no approved application form, so you can prepare it in free form.

APPLICATION for granting permission for a conditionally permitted type of use of a land plot or capital construction facility

I request permission for a conditionally permitted type of use of a land plot or capital construction facility in accordance with the Land Use and Development Rules in Veliky Novgorod on a land plot with cadastral number 53:23:00019384:0579759872987

at the address: Veliky Novgorod, st. Folk

for the construction (reconstruction) of a mini-hotel with an area of ​​300 sq. m.

Mandatory list of documents:

1. Passport.

2. A power of attorney or a document confirming the authority of a person to carry out actions on behalf of a legal entity, an individual (a copy of the decision on appointment or election or an order on the appointment of an individual to a position, according to which such an individual has the right to act on behalf of a legal entity without a power of attorney ).

3. Information about the legal holders of land plots that have common boundaries with the land plot for which this permission is requested; about the rights holders of capital construction projects located on land plots that have common boundaries with the land plot for which this permission is requested; on the rights holders of premises that are part of capital construction projects for which this permission is requested (extract from the Unified State Register of Rights to Real Estate and Transactions with It).

4. Draft design for the construction (reconstruction) of a capital construction project.

5. Draft proposals for the urban planning plan of the land plot reflecting on it the positions related to the request: indication of the locations of existing and planned buildings and a description of their characteristics - total area, number of floors, open spaces, existing and planned parking areas, etc. ; information about the planned capacity, capacity of the facility, volumes of resources required for the operation of the facility - number of workers and visitors, cargo turnover (frequency of trucks approaching the facility), volumes of engineering resources - energy supply, water supply, etc.; documents confirming the possibility of obtaining such resources in the required volume, technical conditions provided by authorized organizations.

6. Report of the technical commission and technical conditions provided by authorized organizations.

7. Other materials justifying the feasibility, possibility and admissibility of implementing proposals.

8. Situation plan in six copies - the location of neighboring land plots indicating their cadastral numbers, as well as buildings, structures, structures.

Note. A copy of the cadastral passport of the land plot may be attached to the application.

The approximate duration of the procedure for granting permission for a conditionally permitted type of use of a site is 3–6 months.

If the authorized body refuses, then it is possible:

• challenge the refusal to a higher authority;
• challenge the refusal in court.

GOOD TO KNOW

Based on the results of consideration of the application, the head of the local administration will issue you a decision to change the type of permitted use or to refuse. If refused, you have the right to go to court to appeal this decision.

Currently, there is a practice of challenging a refusal to obtain a conditionally permitted type of use of a site. For example, in the resolution of the Arbitration Court of the North Caucasus District dated September 15, 2015 No. F08-5966/2015, the court declared illegal and unlawful the refusal to extend the validity of a construction permit due to the need to contact the commission for the preparation of the draft Land Use and Development Rules with an application for granting permission for a conditionally permitted type of use of the land plot. A similar decision was made by the resolution of the Arbitration Court of the Volga District dated July 2, 2015 No. F06-25272/2015 in case No. A65-24253/2014. In this decision, the court declared the refusal illegal and the inaction of the executive committee illegal. The executive committee is entrusted with the responsibility to eliminate violations of the rights and legitimate interests of the entrepreneur by considering the merits in the manner established by Art. 39 of the Town Planning Code of the Russian Federation, an entrepreneur’s application for permission for a conditionally permitted type of use of a land plot with cadastral number 16:50:320302:0004.

How to obtain permission to construct a building for a business?

In accordance with the Town Planning Code of the Russian Federation, a building permit is a document confirming the compliance of project documentation with the requirements of the town planning plan of the land plot and giving the developer the right to carry out construction, reconstruction of capital construction projects, as well as their major repairs.

By virtue of Part 7 of Art. 51 of the Civil Code of the Russian Federation, the developer sends an application to the authorized body for the issuance of a construction permit with the following documents attached:

• title documents for the land plot;
• an urban planning plan for a land plot or (in the case of issuing a permit for the construction of a linear facility) a territory planning project and a territory surveying project;
• materials contained in the design documentation;
• positive conclusion of the state examination of project documentation;
• permission to deviate from the maximum parameters of permitted construction, reconstruction;
• consent of all rights holders of a capital construction project in the event of reconstruction of such a facility.

In accordance with Part 11 of Art. 51 of the Civil Code of the Russian Federation, the authorized bodies, within 10 days from the date of receipt of the application, check the documents and issue a construction permit or refuse to issue such a permit, indicating the reasons for the refusal.

The list of reasons for refusal to issue a permit is exhaustive and is not subject to broad interpretation. Therefore, if the authorized bodies refused to issue a construction permit, this can also be challenged in court.

AUTHOR'S ADVICE

There is no need to first build premises for a business and then try to legalize such an object, because the local administration has the right to make a decision on the demolition of the building. Therefore, it is better to immediately obtain a building permit to avoid problems.

Evgeniy Kopylov, managing partner of the Integra development group, answers:

Without going into the weeds of the town planning code, land use and land development rules, in our country lands are divided into two main categories: agricultural lands and populated areas. Both have their own types of permitted use (APU).

First you need to decide for what purpose you need a house: will it be a summer house or a place of permanent residence with the possibility of registration. For dachas, land with VRI is suitable for dacha construction (farming), gardening and vegetable gardening. Most often, VRI data relate to agricultural lands, less often - to lands of populated areas. Such VRI are more expensive in terms of taxes, since their cadastral value is higher than the cost of land for individual housing construction, but at the same time, on “dacha” lands, you do not need to obtain permission to build a house. For such lands, most often there are no approved territory planning projects, which means you are not tied to red building lines and other restrictions.

The second group of VRI is land for individual housing construction (IHC), they belong to the category of land in settlements. Here you will need a building permit and will most likely have to adhere to the rules established by the site plan and urban planning plan. However, taxes here are lower, liquidity is higher (there is always demand for such land), and they are more valuable. Also in this case, permanent registration (registration) is possible.

All other VRIs have individual specifics and a number of restrictions (you can read about them in detail in the town planning code of the Russian Federation), so I do not recommend considering them for the construction of an individual house.

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Delivery of land, cottages for rent

The simplest, but least profitable option is to rent out the site.

There are several options for this business option:

• If there is a house on the site , it can be rented out for recreation.
• If the site has shrubs and fruit trees , it can be rented out for harvesting seasonally.
• If the soil of the plot is fertile , then it can be rented out to farmers during the warm season.

Announcements of delivery are usually posted on electronic bulletin boards online, as well as in local print publications.

+'Business benefits

1. Ease of business organization.
2. No initial costs.

)

Business Disadvantages

1. Low profitability.

)

How is the commercial development site used?

Proper use of land for commercial development is the basic principle on which commercial activity is based. Targeted exploitation increases profits, while violations can lead to bankruptcy.

Often, land for commercial construction is provided under a lease agreement. The subjects of the agreement are the lessor and the entrepreneur (commercial company). When entering into a lease agreement, it is important to adhere to construction deadlines. Such agreements allow you to include a clause on the subsequent purchase of the site, for example, if the developer plans to expand the territory.

Also, we must not forget about taxation. The cost is calculated based on the cadastral value of the land. Moreover, when transferring a plot from an agricultural category to an industrial one, the cadastral value will need to be revised.

Finally, the use of land means endless coordination of sanitary, fire and environmental standards with special authorities. Not all entrepreneurs have smart lawyers on their staff, which imposes certain difficulties when preparing documents. It is important to understand that the land plot should not be idle - the sooner construction begins, the sooner the profit will flow. Consultation with a land lawyer is essential!

EXAMPLES FROM JUDICIAL PRACTICE

In the Appeal ruling of the Rostov Regional Court dated August 17, 2015 No. 33-12490/2015, the court indicated that the authorized body unlawfully refused to issue a permit to the applicant without specifying as a reason any reason provided for by the Town Planning Code of the Russian Federation.
But when challenging decisions of an authorized body, it is important to check that the package of documents contains all the necessary documents. Otherwise, the refusal will be considered lawful. Thus, in the Appeal ruling of the Samara Regional Court dated December 26, 2014 No. 33-13008/2014, the court refused to satisfy the plaintiffs’ demands to challenge the refusal of the head of the city district to issue the plaintiffs permission to complete the construction of an administrative building. As the court indicated, in Part 7 of Art. 51 of the Civil Code of the Russian Federation establishes that for the purpose of construction, the developer sends an application for a construction permit to the body authorized to issue such permits with the attachment of documents, an exhaustive list of which is determined by this part of the article. In violation of the above rule of law, the package of documents presented by the plaintiffs did not contain the materials contained in the project documentation, as well as the positive conclusion of the examination of the design documentation of the capital construction project.

GOOD TO KNOW

If you run a business on your property, you must automatically pay land tax according to the same rules as organizations.

How can an entrepreneur pay land tax if he uses his land for business?

Unfortunately, often, along with a change in the permitted use of a land plot, the tax rate also changes.

According to Art. 394 of the Tax Code of the Russian Federation, tax rates are established by regulatory legal acts of representative bodies of municipalities (laws of federal cities of Moscow, St. Petersburg and Sevastopol) and cannot exceed, in particular, 0.3% in relation to land plots classified as agricultural lands or lands within agricultural use zones in populated areas and used for agricultural production, and 1.5% in relation to other land plots. Moreover, if tax rates are not determined by regulatory legal acts of representative bodies of municipalities (laws of federal cities of Moscow, St. Petersburg and Sevastopol), taxation is carried out at the tax rates specified in paragraph 1 of Art. 394 Tax Code of the Russian Federation.

But let’s imagine a situation where a company owned agricultural land. At the same time, for business purposes, the company built a logistics center on these lands. In this case, you will have to calculate the tax at an increased rate (letter of the Ministry of Finance of the Russian Federation dated December 10, 2014 No. 03-05-06-02/63414).

GOOD TO KNOW

In a situation where you have demarcated your land and divided it into two separate plots, you need to pay tax according to the rules described above for the one that you will use for business. But for land occupied by residential buildings, inspectors will continue to send you tax notices.

If land plots are not used for agricultural production, an increased tax rate is applied to calculate land tax in an amount not exceeding 1.5% of the cadastral value of the land plot.

Thus, in case of inappropriate use of land plots classified as agricultural lands or lands within agricultural use zones in populated areas, the tax rate may increase 5 times.

IMPORTANT IN WORK

A land plot from agricultural lands can be forcibly seized from its owner in court if, for three or more consecutive years from the date such an owner acquired the right of ownership of the land plot, it is not used for agricultural production or other related activities. agricultural production activities.