How to transfer agricultural land under individual housing construction: conditions for transfer, necessary documents, reviews

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Agricultural lands are certain plots outside the city limits, which are issued for livestock breeding or for growing fruit and vegetable crops, grain. For such activities, such sites are provided to the population.

However, in such areas, the legislation allows the construction of residential buildings, premises, utility buildings. Their presence should not contradict the main purpose of the site.

Is it possible to transfer agricultural land under individual housing construction? How to make them legally suitable for individual housing development? We will consider the answers to these questions in the article.

Legislative regulation

How to transfer agricultural land under individual housing construction? The answer can be found in the following pieces of legislation:

• Land Code of the Russian Federation.
• FZ "On the cultivation of agricultural land".
• Urban Planning Code of the Russian Federation.
• Legislative base on registration of property rights.

How to transfer agricultural land under individual housing construction? The aforementioned legislative documents determine which land plots are classified as agricultural plots, what is allowed and prohibited to grow in such territories, what activities are allowed, what buildings can be erected. Descriptions of all the nuances of using such sites are concentrated here.

Legislative changes

How to transfer agricultural land under individual housing construction? To answer this question, it is necessary to mention the important changes in the legislation of the Russian Federation that occurred in 2014. This concerns the registration of transactions and the establishment of the rights of the owner.

In particular, the principle of withdrawal of this kind of land from individuals and legal entities was clarified:

• Cases where the use of agricultural land violates the current legislation of the Russian Federation. In particular, when their use harms the environment, reduces soil fertility.
• A land plot can be withdrawn if the owner does not plant vegetables, fruit crops, grains on it, but uses the territory for another unrelated activity.
• When the term of use of the site has exceeded 3 years. But there are exceptional cases in which this period is extended for another 2 years. This is valid if the owner of the allotment has spent a considerable amount of time to prepare the land for their further agricultural production.use. For example, throughout the year he applied fertilizer to make the soil fertile. Also, the period of use can be extended if this land allotment has suffered from natural disasters or other force majeure circumstances.

The degree of responsibility for violating the regulations and requirements for the proper use of the agricultural site as a whole has been tightened. This was reflected in the Code of Administrative Offenses. Now a certain monetary pen alty is imposed for violation.

Transfer order

Based on the above, we see that the construction of residential buildings on agricultural land is unprofitable. Sometimes this can be considered a violation of the law. Therefore, they need to be transferred to another category.

Is it possible to transfer agricultural land under individual housing construction? Yes, a lawyer who has the appropriate specialization will help you with this. If you think you can handle this matter on your own, here are the instructions for transferring the land:

• Fill out a document confirming your ownership of this land allotment. This is a lease agreement or a certificate of ownership.
• Get a cadastral passport. This document must contain information about the survey. It is placed on the second sheet of CV 2 along with a drawing showing the boundaries of your site.
• Prepare a document with the coordinates of your land plot. Such paper can be ordered from surveyors, cadastral engineers, specialists from land management companies.
• Get a certificate oflocation of the land. It should indicate whether it is within the city or outside its borders. The paper is issued in the local municipality. It should be noted that at present the length of the city limits has been significantly increased in many regions of the Russian Federation.
• When you complete the above, all these documents must be presented to the cadastral chamber. In this institution, you need to write a statement asking for changes. They must be issued within 30 days.
• When specialists make adjustments to the database, you will be issued an updated cadastral passport. The new status of the land plot will be indicated there - IZHS.

The transfer of agricultural land to a new category of use does not end there. When you receive a cadastral passport, you need to make changes to the document confirming your right to own the land. This is a certificate of ownership or a lease agreement.

Changing the Certificate: Registration

How to transfer agricultural land for gardening? Follow the instructions above. Only when making an application to the cadastral chamber, do not forget to indicate that you want to use the site for gardening, and not for the construction of individual housing buildings.

when you get your hands on a cadastral passport with a new land status, you need to re-register the certificate of ownership. First you need to make an appointment at the registration chamber:

• On siteRosreestr.
• At a nearby multifunctional center.
• Call the MFC hotline.
• Pay a personal visit to the local office of the above organization and get a ticket. This is the easiest way, as the authors of reviews of this procedure testify. Usually you need to queue up for coupons in the morning. There are a lot of people who want to sign up. If you come, for example, during the day, you will not only lose more time, but you may not receive a ticket at all.

Changing evidence: process

If you have received a coupon, you must come to the registration chamber by the time and date indicated on it. You must have the following papers with you:

• Identification document.
• New cadastral passport.
• Old certificate of ownership.

Don't forget to pay the stamp duty. In the reviews, people who have undergone the procedure are advised to do this in advance. In the MFC, for example, there may not be suitable payment terminals. Therefore, you should take the necessary details already upon receipt of the coupon, make a payment at the bank in advance and come to the reception already with a receipt.

If you have a lease agreement in your hands, then you need to act in the same way: collect documents, pay the state duty. But in this case, you are not applying to the cadastral chamber, but to the city administration.

Now you have in your hands all the documents that confirm the status of individual housing construction for your land. It is possible to build a house on it, but not higher than 3 floors.

Required Documents

Let's list all the papers that you will need at all stages of changing the status of the land:

• Proof of ownership/lease agreement.
• 1:500 scale topographic survey of the area (to determine if it is within the city limits).
• Catalog with the coordinates of the put on.
• Certificate from the administration of the locality (is the land within the city).
• Cadastral passport for the plot.
• Land survey for your land.

This is the most general list. In some regions, cities, it can be changed.

Positive feedback

How to transfer agricultural land under individual housing construction through the court? This is an extreme measure. Most reviewers of the procedure do without it. They note the following advantages from the transfer of their plots to the status of individual housing construction:

• Advantages in the sale (such land is valued more expensive).
• The right to free construction of a house, the possibility of registration in it.
• Decrease in property tax.

Negative reviews

Citizens also note the disadvantages of the procedure:

• Very long - takes 3-7 months.
• Inability to use the site for commercial purposes.
• Mandatory use of land for its intended purpose.

Price

If you are going to do the whole procedure yourself,the following expenses await you:

• State duty at the Cadastral Chamber: 200-400 rubles.
• State duty at the registration chamber: 200 rubles.
• Catalogue of site coordinates: 1000-1500 rubles.
• Topographic survey: 8,000-30,000 rubles (depending on the location, area of the plot, number of tablets for applying data).

If you entrust the case to a lawyer, it will cost 50,000 - 100,000 rubles more. The amount depends on the complexity of the case, the status of the law firm, the professional experience of the specialist, and your region of residence.

It is possible today to transfer agricultural land for individual housing construction. The procedure has both pros and cons. Now you know how to go through it yourself, how much the services of a lawyer cost.