What can be built on agricultural land in 2021

Legislative basis

The current legislation of the Russian Federation contains many rules regulating the circulation of agricultural land.

Various federal and regional laws, as well as by-laws, define:

the procedure for protecting agricultural land plots,
the procedure for granting ownership of agricultural land plots to both individuals and legal entities,
the procedure for the withdrawal of agricultural land from private property,
the procedure for the turnover of agricultural land plots.

Agricultural land is in high demand. The Land Code of the Russian Federation is one of the main documents regulating the circulation of agricultural lands and transactions with these lands.

Based on the norms enshrined in the Land Code of the Russian Federation, a plot of agricultural land is a land plot on which it is permitted to carry out:

economic activity,
educational activities,
scientific activity,
research activities.

Agricultural lands include areas occupied by:

arable lands,
haymaking,
pastures,
green spaces,
protective forest belts,
runs,
various deposits.

Attention! On agricultural lands, it is permissible to erect various utility buildings and structures intended for farming and protecting the land.

Is it possible to receive land from the state for free?

How to combine land plots into one, read here.

How to register ownership of a leased land plot, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/kak-oformit-arendovannuyu-zemlyu-v-sobstvennost.html

Construction on agricultural sites

Areas for agricultural production include any land on which cultivation of land, cultivation of agricultural products, and their processing are permitted.

Such areas also include pastures, plantings with perennial trees and fallow land, gardens, and meadows. On such sites, the law allows the construction of any structures for economic purposes: farms, hangars, warehouses, etc.

To erect a permanent building, you must obtain a special permit.

For non-permanent buildings, it is not required, nor is registration of such structures.

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What are agricultural lands?

Agricultural land includes land plots located outside urban settlements and intended for use for agriculture. Let us note that the possibility of constructing buildings and structures on agricultural lands depends on the purpose for which the land plot is allocated.

Based on the letter of the current legislation of the Russian Federation, plots of agricultural land are real estate intended for personal farming and other agricultural purposes.

Owners, subject to certain restrictions, are allowed to carry out individual construction on these land plots.

Construction of a residential building on agricultural land.

Let's understand the definitions

The entire land fund of Russia is divided into seven categories according to their intended purpose. There are territories allocated for urban development and industrial facilities. Obtaining a building permit is not difficult.

There are lands classified as environmental protection zones. They are not intended for residential construction and are under state protection. The same applies to reserve lands that are temporarily withdrawn from circulation.

Agricultural lands are included in a separate line. These territories are located outside urban areas and are intended for agricultural activities. For misuse or pollution of such lands, administrative and civil liability is imposed.

For 2021, agricultural areas are intended for:

farming for personal purposes;
production of agricultural products and plant raw materials;
farm devices;
gardening;
breeding freshwater fish in artificial or natural isolated reservoirs.

As you can see, we are not talking about the construction of a residential building or technical buildings. However, agriculture is impossible without developed infrastructure. Therefore, the construction of cowsheds, chicken coops, warehouses, roads, and the arrangement of hangars for vehicles is allowed.

Usually, the construction of a residential building requires the transfer of an agricultural plot to another category. This involves putting together a rather impressive package and obtaining the appropriate permit from the local municipality.

The outcome of such a decision is very ambiguous: it is equally possible to receive approval and refusal. This begs the question: is it possible to build a house without this paperwork? It turns out that it is possible, subject to certain conditions.

Is it possible to build on such lands?

First of all, it is necessary to understand which land plots are classified as agricultural land. Based on the norms enshrined in Article 77 of the Land Code of the Russian Federation, agricultural lands are land plots located outside urban settlements provided to individuals or legal entities for agricultural activities.

At the same time, Articles 81 and 82 of the Land Code of the Russian Federation establish that agricultural lands can be used both for the organization of peasant and farm enterprises, and for personal subsidiary plots. In addition, it is agricultural lands that are allocated for the creation of dacha and gardening partnerships.

Based on the norms enshrined in Articles 11 and 12 of the Land Code of the Russian Federation, agricultural lands must be protected from various pollution and the effects of negative factors.

If the fact of damage to agricultural land is established, the person responsible for causing this damage is held administratively liable.

Many people mistakenly believe that agricultural land is arable fields. But this is far from true; depending on the specific purpose of the land plot, various buildings and structures can be erected on this site, having previously received permission for construction.

Important! Residential buildings not intended for permanent residence can be built on a plot of agricultural land. To put it simply, if the purpose of an agricultural plot is to run a country house, then it is possible to build a country house on this plot.

Let us note that it will no longer be possible to build a house intended for permanent residence of citizens on dacha plots.

Who benefits from using agricultural land?

Personal subsidiary plots (arable lands, orchards, vegetable gardens, etc.);
Collective farms (livestock farming, fish farming, beekeeping, etc.)
Gardening and non-profit partnership (SNT, eco-villages, etc.);
Cossack societies. Business associations and partnerships, production cooperatives, unitary enterprises (municipal and state), other commercial organizations;
Non-profit societies, including religious ones, as well as consumer unions;
Training, experimental and training-production, training and experimental units at scientific and educational organizations that train specialists in the field of agricultural activities, educational institutions.
Agricultural tourism;
Conducting agricultural production;
Creation of protective forest plantations.

What can be built

In accordance with Article 40 of the Land Code, owners of agricultural land plots are allowed to erect various buildings and structures on these plots.

Depending on the specific purpose of the land plot, you can build on it:

land plots intended for personal gardening. On these plots you can build cottages for permanent residence,
land plots intended for dacha or garden farming. On these plots it is possible to build houses intended for living in the summer,
land plots intended for farming. The construction of a cottage is permitted.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What objects are allowed to be built on land plots are defined in the Classifier of types of permitted use of land plots, approved by Order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots.”

Please note that if the work carried out on a land plot leads to negative consequences, the owner of this land plot will be held administratively liable.

Information about what types of activities the land plot is allowed to be used for is contained in the cadastral passport of this plot. This information should be clarified in advance, since the process of transferring a land plot from one category to another is carried out in accordance with Article 39 of the Town Planning Code of the Russian Federation.

Let us note that the construction of various non-residential buildings and structures intended for economic needs is possible on all types of agricultural land. In addition, the current legislation of the Russian Federation allows for the possibility of constructing infrastructure facilities used for farming on agricultural lands.

These objects include roads inside the land plot, various barriers and pipelines.

Based on the norms enshrined in Articles 77-81 of the Land Code of the Russian Federation, agricultural lands are considered to be land plots located outside the boundaries of populated areas, provided that agricultural activities or processing of agricultural products are permitted on these plots.

Please note! The same articles establish the types of activities permitted on agricultural lands:

agricultural production,
engaging in scientific and research activities in the field of agriculture,
storage and processing of agricultural products.

To carry out the activities described above, a certain infrastructure is required. The current legislation of the Russian Federation allows the construction of the necessary infrastructure, as well as buildings and structures.

It should be emphasized that before starting the construction of these facilities, the owner of the land plot will need to obtain permission from local government authorities.

The permit must contain the following information:

construction timeframes. Upon completion of construction, the facility must undergo the state registration procedure,
type and purpose of the structure being built,
signature of the person who issued the permit.

What to do if you own the land but not the house?

What is required to start construction

To build a house on a garden plot, you must obtain permission to build on agricultural land; for this, it is no longer enough to have the Charter of a gardening partnership, which spells out all the restrictions and rules.

To begin construction, you will need to collect many documents. First of all, you will need to coordinate the construction, then approve the construction plan. Then proceed directly to collecting documents.

If the site is not yet owned, then it is necessary to register it.

From 01/01/2019, a notification procedure for construction and registration of property rights was introduced. That is, before starting construction, you must contact local authorities. The notice should indicate:

Full name and address of the owner of the site;
passport and contact information;
number of the plot according to the cadastre;
links to title documents for the site;
information on types of permitted use;
parameters of the future home.

It should be remembered that the height of the house cannot exceed 20 meters and three floors. The construction of the following categories of gardening and dacha partnerships on agricultural lands is permitted:

individual residential buildings;
cottages;
country houses.

If it is necessary to build several structures on such a site, they will need to be formalized. In this case, one building will be designated as a house for living throughout the year, the rest will be classified as guest and temporary buildings.

It is possible to build a cottage and a farm on farm lands in order to live comfortably and also provide proper care for animals. In this case, the cadastral passport of the plot, regardless of size, must contain the category of land. There must also be documentation justifying and proving the intended use of the land.

If a house is built without permits on a site that is not intended for this purpose, this will lead to major troubles in the future. For example, building a house on agricultural land in 2021 without permits may be burdened with consequences:

the construction is declared illegal by a court decision;
a fine of 1 to 50 thousand rubles is imposed depending on what site the house is built on and who the developer is;
a decision is made to demolish the house if there are serious grounds, for example, if the construction causes significant harm to the surrounding area, other people’s property, or limits the interests and rights of other persons.

Based on the above, we can conclude that agricultural land may be used only for its intended purpose, namely for various types of agricultural production. It is allowed to build seasonal or technical buildings. Capital buildings for permanent residence are allowed only on the territory of farming and gardening plots.

If you have any questions, you can ask our land lawyer.

Is it possible to build a road

The current legislation of the Russian Federation allows owners of plots of agricultural land to carry out construction on these plots, if the type of permitted use of this plot provides for the possibility of erecting buildings and structures.

Before starting construction, the owner of the site will need to obtain permission from the local government.

The construction of the following objects is allowed:

residential buildings. If the land plot is intended for dacha or garden farming, you can build a residential building on it for year-round use and subsequently register in this house,
various economic structures intended for storage and processing of agricultural products,
roads and other communications within one plot of land.

Let us note that in accordance with the current legislation of the Russian Federation, agricultural lands whose productivity significantly exceeds the average are assigned the status of agricultural land. Agricultural lands are especially protected; any construction on these areas is prohibited.

But on agricultural lands that do not have the status described above, construction can be carried out in compliance with certain sanitary, urban planning, fire safety and other standards established based on the purpose of the land plot.

Remember! In some cases, land is provided for road construction where further farming is impossible. Note that if there is a project for the reclamation of these lands, they continue to remain agricultural.

applications for permission to construct road service facilities free in word format

An owner of a plot of agricultural land who wants to build a road will need:

prepare and coordinate with the executive authorities of the subject of the federation a plan for the reclamation of this land plot,
obtain permission from the local government to carry out road construction work.

Before construction of a road can begin, the owner of a plot of agricultural land will need to allocate an area from this plot on which construction work will be carried out.

In this case, the owner must have all the title documents for the agricultural land plot.

When the work on laying communications inside the roadbed, as well as on the construction of the roadbed itself, is completed, the plot of land along which the road is laid will need to be brought into a condition corresponding to the category of this section.

If this does not happen, the plot of land will be considered to be used for other purposes.

ATTENTION! View the completed sample application for permission to construct road service facilities:

Watch the video. Registration of agricultural land for summer cottage construction:

Is it possible to build a residential building on the land of a peasant farm and register in it?

Owners of plots often seek to build a house on the land. And they don’t know whether this is allowed by law.

In accordance with Article 263 of the Civil Code of the Russian Federation and Article 403 of the Land Code of the Russian Federation, the owner has the right to build on the site. The law does not prohibit such actions.

accommodation facilities;
recreational buildings;
industrial buildings.

Therefore, building a house and registering in it is permitted at the legislative level.

To build a house, a common option is to purchase land for summer cottage construction or gardening activities. In this case, it is not necessary to ask permission from local authorities.

If the purpose of the land is agriculture, then the plots are large (more than three hectares). And the owner will have to prove that this or that structure needs to be erected on this particular site. The most logical explanation would be to create a livestock farm for daily constant presence on it.

It is not necessary to raise a large number of livestock. Even if a person has 20 birds and rabbits, the construction will be justified.

certificate of ownership;
documents on the assignment of land to peasant farms;
future construction project.

In areas intended for agriculture, roads and communications can be laid. They are necessary for access of people and special equipment to the plot, as well as optimal work on it.

Types of paths are not prescribed at the legislative level. Therefore, you can make concrete, asphalt, and dirt roads. No permit is required to carry out such work.

A building permit is required if a building or structure is erected on land for the purpose of running a peasant farm. This is due to the fact that unauthorized construction of objects will not be registered in Rosreestr.

capital warehouses;
workshops;
barns;
vegetable storage;
garages;
sheds.

But if it is noted that a residential building is necessary for agricultural activities, permission is not required.

Buildings that do not require a building permit are registered at your own request. Therefore, buildings that can be called a bathhouse or a gatehouse will be considered auxiliary. And they do not require registration.

for individuals – 2000-5000 rubles;
for legal entities – 500,000–1,000,000 rubles.

Punishment is possible only if it is proven that the buildings are not buildings for auxiliary use.

causing damage to nearby buildings and neighbors;
placing the structure near a highway or infrastructure;
building a house within a protected natural area.

The decision to demolish a building is made in court. The owner must fulfill it. He will not be compensated for his expenses and expenses. In other cases, it is impossible to oblige demolition.

What is needed to build on agricultural land?

When erecting any buildings and structures on a land plot, one should take into account not only what category of land this plot belongs to, but also the norms of the Town Planning Code. RF.

To carry out construction work on a plot of agricultural land, you will need to obtain a special permit.

Attention! This permit is issued by local authorities taking into account:

purpose of the land plot. Thus, the construction of a residential property is possible only on plots allocated for individual housing construction or personal subsidiary plots,
availability of design and estimate documentation for the facility planned for construction and a positive conclusion of the construction examination,
coordination of construction with resource supply organizations and other services.

It should be noted that until recently, permission for the construction of country houses or individual residential buildings was not required. Until March of this year, the relevant resolution of the local government was sufficient. But now a building permit must be obtained for the construction of these real estate objects.

On leased agricultural land

Often, farmers who cannot purchase a plot enter into a 49-year agricultural land lease agreement with the state. In the case of leasing agricultural land, construction is possible not only with the permission of municipal authorities, but also after agreement with the owner of the site.

It is advisable to include in the contract itself a clause regarding the possibility of constructing the necessary facilities on the site. The construction of residential and non-residential buildings, as well as the necessary infrastructure, is permitted (within the framework of the norms established by the Land Code and other laws).

Required documents

applications for permission to build a residential building free in word format

Important! Before you begin construction of a property, you should collect a package of documentation, which should include:

a document on the provision of a plot of agricultural land for ownership or long-term lease,
a permit issued by a local government authority for the construction of a real estate property on a plot of agricultural land,
if the category of land to which the site belongs does not provide for the possibility of constructing real estate objects, it will be necessary to change the category. Documentation about the change of category is included in the package,
boundary plan of the land plot,
design and estimate documentation for the facility being built and a positive expert opinion,
technical plan of the constructed building or structure,
act of putting an object into operation.

ATTENTION! View the completed sample application for a permit to build a residential building:

What objects can be built?

The types of objects that are allowed to be built on the territory of individual housing construction are prescribed in the Town Planning Code of the Russian Federation.

It is worth clearly distinguishing between the types of intended purposes of future buildings. For example, if the owner of a site decided to design an area for a residential building, and then he had a desire to keep pets, he will have to contact the head of the administration of this locality and obtain the appropriate permission.

Real estate objects that can be built on individual housing construction lands:

Single-family houses with private plots of land;
Multi-apartment residential buildings with a height of no more than three floors;
Outbuildings and artificial reservoirs;
Outbuildings, which include bathhouses, sheds, garages and greenhouses;
Gardens and vegetable gardens erected near the house;
Premises for keeping pets;
Premises for growing ornamental and fruit plants.

To avoid possible problems with legislation in the future, it is best to accurately determine in advance the purpose of acquiring a site for individual housing construction, and also familiarize yourself with the master development plan.

Construction of a residential building should begin within three years after acquiring the territory. Otherwise, you may face sanctions due to failure to use the site for its intended purpose, which could result in serious fines or even confiscation.

There is no such requirement for buildings of other types. They can be built at any time or not built at all.

What is agricultural land?

These are lands that are intended for agricultural activities, cultivation and production of agricultural products, for farming.

Such lands include:

land that is used for the production of agricultural products - land for sowing crops, places for grazing animals, fallow lands (land that has not been used for some time);
other lands located on agricultural lands - runs, roads, protective plantings, lands under buildings, etc.

Features of agricultural land turnover. appointments

the purchase and sale of such lands is permitted, but the right of primacy to purchase belongs to local authorities and the state;
such lands can be leased only after the land plot has been cadastrally registered;
the lease agreement for a plot owned by the state can be drawn up for a period of 3 to 49 years; for grazing and haymaking - up to 3 years;
a land plot can be transferred into ownership both for a fee and on a gratuitous basis.

On agricultural lands, you can freely engage in livestock farming, crop production, and farming. But it won’t be possible to build a big house or register on a plot of land.

Before you buy a plot at an attractive price, you need to find out what category of objects the land belongs to.

Methods of using agricultural products. lands. What can you do on earth?

Agricultural land appointments can be used for:

private farming - raising birds, livestock, planting various crops;
agriculture , production - livestock farming, crop production, land reclamation, agronomy, forestry;
gardening - growing fruit and berry crops, ornamental plants, flowers;
peasant farm - carrying out business activities related to agriculture;
fisheries – fish farming, measures aimed at increasing and improving fish stocks, preserving aquaculture and aquatic biological resources;
conducting research activities - development of innovations in agriculture, methods for eliminating problems associated with the development of this sector of the economy, development of bioenergy, production of new bioproducts and much more;
hunting management . This is an activity that is intended to preserve and use hunting resources, as well as habitat, for the purchase, sale of products obtained as a result of a successful hunt;
livestock farming - areas of activity aimed at breeding farm animals (goats, horses, cows, sheep, deer, pigs, dogs, etc.), producing various products;
for country house construction.

Reconstruction of individual housing construction objects

To reconstruct an individual housing construction project, the owner should contact the Administration of the municipality where the land plot is located with a notification of the planned construction event.

Documents that are required for official reconstruction:

Notification to the Municipal Administration;
Title documents for the land plot;
Title documents for an existing individual housing construction project;
A document that confirms the authority of the developer’s representative in the event that the notification of the planned construction is sent by the developer’s representative;
If the developer is a foreign legal entity, a certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state.

The notice period for consideration is no more than seven working days. Its result can be positive or negative. In order to avoid the second scenario, before submitting a notification, it is recommended to pay attention to the restrictions that are established in the Town Planning Code of the Russian Federation. Also, the restrictions that apply to this particular site can be found in the Public Cadastral Map and the Rules for Land Use and Development of the Settlement (LZZ).

Notification form for reconstruction of individual housing construction object WORD 48.00 KB