Why were the amendments adopted?
The amendments are intended to streamline individual housing construction. They establish uniform requirements for the construction of residential buildings on land plots provided for the purposes of individual housing construction, running personal subsidiary plots within the boundaries of a settlement, as well as for the construction of residential and garden houses on garden land plots. Maximum building parameters are limited. This change is due to the absence in the legislation, and often in the rules of land use and development, of restrictions on the parameters of such development, which in practice leads to numerous violations, including in terms of the construction of apartment buildings on such land plots. In addition, the mechanism for state construction supervision during the construction of individual housing construction projects has been clarified.
What is individual housing construction? Find out what is the difference from SNT or dacha partnership
What are the advantages of individual housing construction? What is the difference from SNT? SNT stands for Horticultural Non-Profit Partnership. In the last few years, plots for individual housing construction have appeared on the market due to the expansion of the boundaries of existing villages and other settlements. The land around the villages was generally agricultural. It was formalized and transferred from the category of agricultural land to the category of land in settlements, with a simultaneous change in the purpose of use - for individual housing construction. The goal is to develop the territory to attract new residents to the region and district. The regional government includes these lands in the regional and district development program. To such sites with the category - land of settlements and permitted use - for (individual housing construction) individual housing construction, 15 kW of electricity is supplied, roads are built, a gas pipeline is laid at the expense of the regional budget, on the basis of laws and government regulations on the development of territories. This assistance in infrastructure development makes it possible for new land owners to engage only in construction and improvement of the site. I'll give just one example. You bought a plot with this category! Congratulations! You fill out three applications and after 1.5 months you receive at your home address a contract and technical conditions (TS) for connecting the site to the power grid. Then pay only 550 rubles in state duty, sign a standard agreement with the energy supply company, according to which, within 6 months, an electricity branch will be brought to your site, poles will be installed and, if necessary, a new transformer. Why is this happening? Because there is a regional program for the development of villages and settlements. Road projects and gasification of villages are financed from the regional and district budgets. All this is not possible if your plot is located in SNT, a dacha cooperative, DNP (Dachne Non-Profit Partnership) on a plot of land categorized as agricultural land. In this case, you will pay for everything yourself, since agricultural land is actually intended for the production of agricultural products - grain, milk, meat, etc., and not for the construction of houses and permanent residence. At the same time, many sellers deliberately hide information that they are offering you a semi-finished product. This is, for example, a situation when in a newly created SNT on agricultural land they also tell you in words that you can build anything, using the phrase - for individual housing construction. Look at any offer for the sale of a plot in a dacha cooperative or gardening partnership organized on agricultural land. In addition to the cost of a plot of land, you will definitely be asked to pay a very decent amount for the construction of roads, electricity supply, gasification, etc. And it will be very expensive, sometimes several times more expensive than the site itself! Or, the cost of development and construction of all infrastructure is immediately included in the cost of the site. That is why the price of plots in cottage villages with developed infrastructure and communications on agricultural land, for example in the Moscow region, will always be much higher than if you simply buy a similar plot in a neighboring village. There are a lot of advantages to purchasing a plot belonging to a populated area with the purpose of using the land for individual housing construction, but there is only one disadvantage. As a rule, taxes on a plot whose land category is settlement land are 3-5 times higher compared to a plot of land in a garden partnership or a dacha non-profit partnership organized on agricultural lands. However, even here strange things appear. There are places in the Moscow region where the cadastral value of plots in SNT on agricultural land is 10 times higher than on neighboring lands in settlements. Accordingly, taxes there are also 10 times higher.
We recommend reading: Check the cadastral number of the land plot at the address Moscow region
But, as you understand, in the case of individual housing construction, taxes are nothing compared to the advantages that the development of infrastructure on a site in a populated area gives you through regional programs to improve the quality of life. Just getting 15 kW of electricity for 550 rubles pays off all possible tax costs for decades to come, and this is not a fairy tale, because we ourselves supply electricity to our plots this way, not to mention roads, gasification and much more. And secondly, most likely the government will continue to strive to increase taxes for the inappropriate use of land, which includes buildings on agricultural land. There is already active debate about this in the government. And in this case, it is still unknown what will ultimately be more profitable in terms of taxes too? After all, you are going to build your country house or a modern dacha, planning for decades to come, including with your children and grandchildren in mind, so it would be more correct to immediately have on hand all the necessary documents based on the laws, so that you don’t have to get a new option later, as with village "Rechnik".
After submitting the notification, can I build immediately?
Not really, you need to wait for a notification from the local administration about the compliance or non-compliance of the individual housing construction object (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot. Local authorities within 7 days check the parameters of future construction (primarily to determine whether the construction complies with the type of permitted use of the land plot and its territorial zone in accordance with local development rules) and sends their notification to the applicant. After this, the developer has the legal right to begin construction. The notice is valid for 10 years.
What land can you build on, categories and types of permitted use
Lands of settlements (land of settlements) are lands that are used and intended for construction, as well as the development of settlements. Lands of settlements are separated from lands of other categories by the boundaries of urban and rural settlements. In accordance with paragraph 2 of Art. 83 of the Land Code of the Russian Federation. There are requirements of town planning regulations, based on which different plots of land located in the same locality may have different purposes, for example, agricultural use and housing construction. Thus, you can build a house on land that is intended both for personal subsidiary plots (LPH) and for private housing construction. The only difference will be that registration in a house located on a plot allocated for private household plots will have to be proven in court. If registration is not important for you, then these two options are no longer different.
In order to build an estate, peasant farm land is best suited, because the size of a plot for a peasant farm can be enormous. The problem is that you will still have to engage in at least some agricultural activity, as well as report to the tax office. But in fact, solving this problem is elementary: to create the appearance of a targeted use of land, it will be enough to set up a cherry orchard or arrange a stable.
Do I need to obtain permission to put it into operation upon completion of construction?
No, the law provides for the obligation of the developer, within one month after the completion of construction or reconstruction of an individual housing construction project, to submit a notification to the authorized body about the completion of construction of the house. Based on the results of checking such notification, the authorized body will make a decision on the compliance (non-compliance) of the constructed (reconstructed) facility with the established requirements. The notification must be accompanied by a technical plan for the house and a receipt for payment of the state fee for registering ownership of the house.
What can be built without permission?
If an individual does not have a permit to carry out construction and installation work, then he can erect outbuildings on his site. All objects that belong to the housing stock require appropriate permission.
In the event that the owner violated the requirements of Federal legislation and built a house in which the number of floors exceeds the permissible standards, or the building is designed to accommodate several families, he will be held administratively liable.
The first problems will arise when trying to register the building. The government agencies that control such issues may decide to demolish the building if the commission confirms that it does not comply with the individual construction project.
Also, financial sanctions are usually applied to violators, the amount of which is often unaffordable for ordinary citizens. To minimize all risks, individuals must comply with laws and act in accordance with approved procedures.
Every citizen who purchases a plot of land should find out that it is possible to build individual housing construction on land plots. He has the right to count on connection to all utilities if centralized highways are laid in the immediate vicinity.
In practice, it often happens that country residents provide themselves with water on their own by drilling wells in the ground. Also, in some areas it is not possible to connect to the centralized gas supply system. In this case, owners of private houses install electric or solid fuel boilers.
Is it possible to build an apartment building on individual housing construction lands:
See also Phone numbers for consultation Jan 25, 2021 kasjanenko 1663
Share this post
Discussion: 3 comments
- Olya says:
03/06/2019 at 03:06As I understand it, anything can be built on such sites. But before construction, as I understand it, it will be necessary to obtain permission, but I really don’t know where to get it. Could you tell?
Answer
- Rita says:
05/21/2020 at 00:52
We built a store on such a site. But before that, we spent several months running around the authorities to get the paper with permission in our hands. Everything seems simple, but in reality it’s red tape
Answer
- Lola says:
05/22/2020 at 00:16
After many months of running around in offices, we received individual housing construction land for use. In the clarifying documents, we indicated that we were planning to build a store. Now we feel confident with the documents
Answer
Requirements for the construction of objects
The document regulating construction work on such lands is the Town Planning Code of the Russian Federation. Land with the status of individual housing construction is a plot on which it is permitted to build detached residential buildings with a height of no more than 3 floors. In paragraph 3 of Art. 48 of the above code, it is allowed to build no more than 1 house on one plot, with an area of no more than 1500 square meters. m.
In addition, there are the following requirements:
- a wooden house must be located at a distance of at least 15 meters from other objects (between stone ones - 6 meters);
- the distance to outbuildings is at least 4 meters;
- gas containers must be taken outside the residential premises;
- electrical wiring using protective materials.
It is prohibited to use land for individual housing construction for:
- conducting business activities in the field of processing of agricultural products;
- placement of municipal and industrial facilities;
- production and sale of ritual accessories.
For more details on the rules for developing a land plot for individual housing construction, read our article.
How can this be done, where to go?
Schematically, this process looks like this: a person plans to build a house, he applies to the local government body (LGU) with a notification of the planned construction, to which he attaches a title document for the land plot.
The notification form has been approved by the Ministry of Construction of the Russian Federation and is freely available on the Internet. You can submit a notification in several ways: through the MFC, using the Unified Government Services Portal, or by registered mail with notification by mail.
Within 7 days from the date of receipt of the notification about the planned construction, the compulsory health insurance company carries out the inspections required by law
for compliance of the object with urban planning parameters and sends a notification to the developer about compliance with the parameters of the planned construction.
Then you can start building the house. Construction will take 10 years.
If the compulsory health insurance company considers that the parameters do not comply with the law, it sends a notice of non-compliance with the parameters of individual housing construction objects or a garden house specified in the notification. Then it is necessary to revise them.
After the house is built, according to a similar scheme, you need to again apply with a notification of completion of construction to the compulsory medical insurance.
The deadline for submitting such notification is no later than one month from the date of completion of construction or reconstruction. The notification must be accompanied by a technical plan prepared by a cadastral engineer. Within 7 working days from the date of receipt of the notification of completion of construction, the compulsory medical insurance company checks whether the constructed facility complies with the current parameters of permitted construction. If everything is in order, all documents are sent to Rosreestr. I want to emphasize this: citizens do not need to apply to Rosreestr independently for cadastral registration and registration of property rights with a notification procedure! The local government body must independently prepare and send all documents; this is their responsibility, stipulated in Article 13 of Federal Law No. 340-FZ.
